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TC Council Packet 04-08-2014 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Jane Burden, Transit Superintendent Date: April 2, 2014 Agenda Topic: Avon Transit - ECO Retreat Presentation ____________________________________________________________________________________ INTRODUCTION: Kelley Collier, Director of ECO Transportation, will present an overview of ECO Transit Operations since incorporation of the Spine System introduced this last November; along with discussion of items of mutual interest, in preparation for the ECO Board Retreat on April 23, 2014. DISCUSSION TO DATE: The March 25th Council Work Session identified the following joint discussion items for inclusion at the ECO Board Retreat Agenda scheduled for April 23rd:  Global Zone Fare – Example: Swift Gulch to Avon Station reduced fare.  Buffalo Ridge Service (either at retreat or regular ECO Board Meeting).  Expanded circulator service to Edwards – how best to provide, at metro district cost, service – Town of Avon or ECO.  Use of Avon Regional Transit Facility – Bus Storage, Bus Wash and Office Rental.  Monitoring and continual assessment of collaboration opportunities during the 5-Year plan horizon  Incorporation of the Avon to Beaver Creek service into Spine System.  Gypsum, Eagle ECO services, if any, which may be in addition to spine system ATTACHMENT: PowerPoint Presentation Avon Town Council April 8, 2014 Mission- Safe, reliable, convenient regional transportation for everyone Funded through a mass transportation sales tax (90% of a half-cent), fares, federal grants, advertising revenues Travel over 1.3 million miles a year, on target to serve close to a million passengers in 2014 November 2013 service was transitioned to add frequency and capacity Current route systems include: Hwy 6 Edwards to Vail increased to half hourly Valley Express Service (hourly winter, every hour and a half summer) Valley Commuter peak service- Gypsum and Eagle service to Avon and Vail for valley workforce Western (hourly winter, every hour and a half summer) Gypsum and Eagle connection to the Valley Commuter Leadville Commuter peak service Minturn peak service Vail/Beaver Creek Express peak service (Winter Only) Ridership has been on the rise with small increases since April 2013 and double digit increases since December 2013 Current ridership is up 24% over last winter with the largest increases being seen on Hwy 6 and Valley routes Vail/Beaver Creek Express service transported 5,872 passengers through February averaging 61 trips per day In addition to the more frequent service and increased ridership, ECO and Avon are partnering on 3 projects this summer: Avon Station Bus Shelter Village at Avon Bus Shelter New signage reflecting Town and ECO identity Design- Design Workshop out of Aspen Project Management- Town of Avon staff Funding- Tentative federal award of $120,000 Currently in the Architecture and Engineering Phase IGA has been signed Avon Planning Commission requested that materials match the current Avon shelter and roof will be modified with a steeper pitch Design- Design Workshop out of Aspen Project Management- Town of Avon staff Funding- 50%/50% Town of Avon/ECO Currently in the Architecture and Engineering Phase IGA amendment in process ECO signage at each stop within Avon will be modified and electronic signage will be incorporated into the Avon Station design Additional conversations will be brought to the ECRTA Board for discussion at the Retreat April 23rd including: · Mission, Vision, Values and Bylaws · Performance Measures and Goals including fare structure- free service, zone fares, farebox recovery targets · Summary of identified service gaps, costs, and partnerships- including Avon/Beaver Creek service levels · Facility enhancements and prioritization · 5 year outlook TOWN COUNCIL REPORT To: Honorable Mayor and Avon Town Council From: Virginia Egger, Town Manager Date: April 3, 2014 Agenda Topic: 2014 Wild Land Fire Program The 2013-14 Strategic Plan identifies in the 1st Quarter the following work plan item: Prioritize a Wildridge seasonal wild land fire program, including summer “hot shot” staffing, land use regulations for new development to protect homes from wild land fire and community outreach for current home to amend residential landscaping. In mid- 2013, the Eagle River Fire Protection District (ERFPD) and Town Council appointed two respective representatives to work together on mutual interests. Councilors Jennie Fancher and Buz Reynolds and ERFPD Board Members Clint Janssen and Clark Shivley are the representatives and have met in two sessions to oversee the work presented in this packet. I. Community Outreach Program: Please See Attachment A, which outlines the educational program developed with the Eagle River Fire Protection District for May through September, 2014. II. Wildridge Station Wildland Module – Correctly termed Wildland Module (and not “hot shot” staffing), Attachment B summarizes the cost and approach to bringing in three trained wildland fire personnel and a wildland fire engine for the fire season into the Wildridge Fire Station. The personnel and equipment would be able to provide initial attack on wildland fires, wildland fire mitigation and community education. Total funding requested from the Town is $79,300.00; with a commitment from ERFPD to solicit funding from the District’s other governmental agencies to reduce Avon’s contribution. The District will also provide the fire engine and equipment for the staff. Direction: If Council would like to fund the operation, direction to prepare a budget amendment for action at the April 22nd meeting would be appropriate. III. Land Use Regulation for New Development – No work has yet commenced in the Community Development Department on this action. The work is expected to begin early fall with community and PZC work sessions, which logically would follow the summer’s education program. Chief Karl Bauer and George Wilson, Battalion Chief Planning and Logistics, will join the meeting on Tuesday. ATTACHMENT A TOWN COUNCIL REPORT To: Honorable Mayor and Avon Town Council From: Jaime Walker, Community Relations Officer Date: Monday, March 31, 2014 Agenda topic: 2014 Wildland Fire Education Program SUMMARY Working with the Eagle River Fire Protection District, a communications plan for the summer of 2014 has been developed to educate the Avon community about the wildland fire danger in Avon, including but not limited to, the neighborhoods of Wildridge, Wildwood and Mountain Star, and to spur homeowner action on mitigation and preparedness. Using the Town and District resources as well as resources from national programs such as Fire Wise, Fire Adapted Communities and Ready Set Go!, the communications plan outlines a strategy to inform the community about wildland fire prevention and preparedness. It includes communication tactics such as presentations at stakeholder meetings, door-to-door fire risk assessments conducted by ERFPD, public service announcements through newspaper, radio and TV media partnerships, and the use of the Town’s website, social media channels and email subscription lists to distribute information. Given the District’s knowledge of fire risk in the Avon community, it was advised to begin the outreach and messaging June 1 and continue through fire season, ending October 1. Schedule Highlights  March 15 – Fire wise webpage on TOA website www.avon.org/wildfire updated • May through September – Property assessments prioritized based on the areas of highest risk. All homes in the district, including the neighborhoods of Wildridge/Wildwood and Mountain Star, will have mapping and assessment completed by the District by the end of the summer. The District will leave risk assessment postcards, which will include the individual property’s fire risk level and messaging about protective actions, at each property. • June 1 through September – Public service announcements on local radio and local television, fire awareness themed stories pitched to the Vail Daily, summer-long social media outreach, and e-mail communication to HOAs and Town’s A-list. Town staff and District representatives to coordinate production and distribution. • June 1 / August 1 – Use Town-owned variable message boards in neighborhoods • June 1 – Firewise, Fire Adapted Communities and Ready Set Go! materials available at Town Hall and Avon Rec Center. Materials are on order. • July 3 / August 5 – Community event presence. District representatives to attend Salute and National Night Out events to have available information on fire prevention, fire preparedness and fire hazard mitigation. • July 31 – Camp 911. As a component of the Avon Recreation Center’s Camp 911, District representatives will educate participants on being prepared for wildfire. • Dates TBD – Valley-wide Ready Set Go! meetings presented by the District and other fire agencies. • Dates TBD – Homeowner meetings to discuss fire mitigation strategies hosted by the District. ATTACHMENT B M E M O R A N D U M March 28th, 2014 To: Avon Town Council, Avon Town Manager Virginia Egger Fm: George Wilson, Battalion Chief Planning and Logistics Re: Jointly Funded Wildland Fire Module Introduction In December 2013, the Town of Avon and the Eagle River Fire Protection District (ERFPD) formed a task force to explore opportunities for enhancing collaboration, particularly in the area of wildfire mitigation and response in and around the communities of Wildridge, Wildwood and Mountain Star. As a result, the Eagle River Fire Protection District developed a concept of operations for a wildland module that would be based at the Wildridge Fire Station during the wildland fire season, and which would provide initial attack on wildland fires, wildland fire mitigation and community education. The purpose of this memorandum is to provide an overview of wildland module concept of operations and a recommendation regarding its implementation. If acceptable to the Town Council, ERFPD will solicit contributions to defray the Town of Avon’s contribution from the other governmental jurisdictions in the District as these areas would also benefit from the summer program. Recommendation: Jointly fund for up to four months a wildland module consisting of three wildland personnel and a Type 6 wildland fire engine, based at the Wildridge Fire Station. Cost Initial Cost Estimates 1. Personnel: Town of Avon Contribution Position Rates FFT2 = $16.00/hr FFT1 = $17.00/hr ENGB = $19.00/hr • Ideal Type 6 Brush Engine daily staffing consists of one (1) FFT2 – Basic Wildfire Certification; one (1) FFT1 – Supervisor Qualified Wildfire Certified; and, one (1) ENGB – Engine Boss Crew Management Qualified. • ERFPD recommends hiring an additional FFT2 to cover for sick calls and additional help with community education. o Cost: $16.00 + $1.89 Benefits x 40 hours a week x 17 weeks = $12,165.20 Wildland Team FFT2 FFT1 ENGB Regular Full-Time Wages 0.00 0.00 0.00 PTS Wages 16.00 17.00 19.00 Overtime Wages 0.00 0.00 0.00 Overtime Wages - FLSA (6) 0.00 0.00 0.00 Uniform Allowance 0.00 0.00 0.00 Wildland PPE Allowance 0.00 0.00 0.00 FT Pension 0.00 0.00 0.00 PTS Pension 0.60 0.64 0.71 Wellness 0.00 0.00 0.00 Employee Assistance Program 0.00 0.00 0.00 Medicare Tax 0.23 0.25 0.28 Group Health & Life Insurance 0.00 0.00 0.00 Short Term Disability Insurance 0.00 0.00 0.00 Long Term Disability Insurance 0.00 0.00 0.00 FPPA Disability Insurance 0.00 0.00 0.00 Workers' Compensation 1.01 1.07 1.20 Unemployment Insurance 0.05 0.05 0.06 Total Salary & Benefits per Hour 17.89 19.01 21.24 10 Hour Shift 178.87 190.05 212.41 70 hours/week $1,252.12 $1,330.38 $1,486.90 for 17 weeks + 3 days $21,822.74 $23,186.66 $25,914.50 Salary and Benefits $70,923.89 ***Above estimate does not include overtime. An agreed overtime budget would be necessary to account for sick time and extended incident work times*** 2. Personal Protective Equipment: ERFPD Contribution FFT2 PPE $1,120 x 3 FFT1 Pump Operator PPE $1,120 x 2 Engine Boss PPE $1,120 x 2 PPE Seasonal Total $ 3,360 $ 2,240 $ 2,240 $ 7,840 Item Price Boots $350.00 Helmet $35.83 Pants x 2 $163.10 Shirt x 2 $174.26 Shelter $224.76 Pack $143.88 Gloves x 2 $27.34 Total $1,119.17 3. Apparatus (Value based on current State of Colorado Resource Rate Form): ERFPD Contribution Type 6 Hourly Rate Shift Extension (10 Hr Shifts) Seasonal Extension (May 18 - Sept 16) $ 65 $ 650 $ 79,300 Additional cost covered by ERFPD: • Fuel would be covered by ERFPD • Insurance • Maintenance Background The concept of operations will consist of three wildland firefighters staffed daily on a Type 6 Brush Engine throughout the duration of the wildfire season. The duty shift would consist of 10 hours shifts within a 24 hour period, 7 days a week. The scheduled 10 hours would maximize the burning period coverage and will be adjusted as conditions dictate. The wildland module season would be from May 18th to September 16th. The season may adjust depending on conditions. The wildland module would respond to the wildfires and wildland urban interface fires throughout ERFPD’s district and other Eagle County jurisdictions when requested for mutual aid. The wildland module would report exclusively to the on-duty Battalion Chief for daily operations or in the event of a wildfire to the incident commander as appropriate. The wildland module would engage in wildfire mitigation and community education when not responding to wildfire incidents. Mitigation and community education efforts would focus on the following areas during the 2014 wildland season: 1. Wildridge 2. Wildwood 3. Mountain Star 4. Greater Town of Avon 5. Other areas within the Eagle River Fire Protection District The wildland module would be available to reduce hazardous wildfire fuels in public areas within these communities. PUBLIC HEARING – Minervini Minor PUD Amendment Page | 1 TOWN COUNCIL REPORT To: Mayor and Town Council From: Matt Pielsticker, AICP, Planning Manager Date: April 3, 2014 Agenda Topic: CONTINUED PUBLIC HEARING Minor PUD Amendment for Lots 15 & 16, Block 4, Wildridge Introduction Dominic Mauriello, the Applicant, representing John Minervini and Virginia Klyce, the Owners, is requesting a Planned Unit Development (PUD) Amendment (the Application) to modify the allowed building type for two lots, Lots 15 & 16, Block 4, Wildridge Subdivision (the Property). Currently, three (3) dwelling units in the form of a single‐family structure and duplex structure are permitted by right. The Application requesting the ability to develop the Property with three (3) single‐family structures, and is being processed as a Minor PUD Amendment. The Application was heard by the Planning and Zoning Commission (PZC) at various public meetings. After taking direction from PZC and input from neighboring property owners, the Application (Attachment B, dated December 31, 2013) was modified and ultimately received a favorable recommendation from PZC. The Town Council reviewed this application and conducted a Public Hearing at the January 28, 2014 meeting. The file was also continued from the February 25, 2014, and March 25, 2014 meetings in order for the Applicant to work further with the neighboring property owners. Attached to this report is a Vicinity Map (Attachment A), the Application (Attachment B), Referral and written Public Comments (Attachment C), Findings of Fact and Recommendations from PZC to the Town Council (Attachment D), and draft Resolution 14‐02 (Attachment E). Process Minor PUD Amendment This Application is processed under §7.16.060(h), Amendments to a Final PUD, AMC. Subsection (1)(ii), sets forth criteria for a Minor Amendment, while subsection (2)(ii) sets forth the review procedures for the same process. The Amendments to a Final PUD section was recently adopted by the Town Council to provide clarity to review processes for Administrative and Minor PUD amendments. The Application meets the criteria for a Minor Amendment and is processed as such. Agency Referrals Pursuant to AMC §7.16.020(c)(2), Staff referred the Application to the Eagle County Planning Department, Eagle River Water and Sanitation District, and the Eagle River Fire Protection District for Comments. Staff received comments from the Eagle River Water and Sanitation District (Attachment C). These comments are related to the future subdivision process and building permit process. Public Notification PUBLIC HEARING – Minervini Minor PUD Amendment Page | 2 In order to comply with the Public Hearing and pertinent noticing requirements, a mailed notice was provided to all property owners within 300’ of the property. The list of adjacent property owners is included within the Application. Additionally, notices were published in the Vail Daily newspaper. Public Hearings The required public hearing requirements with PZC have been fulfilled and their recommendation is attached. The Council will make the final decision on this Application through a Resolution after holding an additional public hearing. Proposed PUD Amendment The Property is zoned PUD and is included in the Wildridge Subdivision. Included in the Wildridge Subdivision and PUD Plat is a Land Use Summary table, which breaks down the number of units for each individual lot, and also summarizes the type of construction permitted on each property. Below (Exhibit 1) is an excerpt from the Wildridge PUD, with the pertinent Property information highlighted in yellow. The Property is entitled three (3) units in the form of one (1) single‐family structure (Lot 15) and one (1) duplex structure (Lot 16). Exhibit 1 – Wildridge Subdivision and PUD Land Use Summary In 2000, Lot 14 was replatted by the owners of Lots 13 and 15. The lot area of Lot 14 was split between each of the adjacent lots and its associated development rights were vacated. Lot 15 was replatted in 2005 to remove the utility and drainage easement that had remained from Lot 14 when it was separated. This resulted in the current lot areas and layouts that the application is predicated upon. The Application (Attachment B) includes a narrative, response to the mandatory review criteria, and preliminary site plans depicting potential lot layouts. This Application would create a new PUD, Minervini PUD, which would create three (3) separate lots of record that each are permitted one (1) single‐family structure. PUBLIC HEARING – Minervini Minor PUD Amendment Page | 3 The Application proposes to keep standard Wildridge easements (ten (10) foot front/rear yard and seven and one‐half (7.5) foot side yard) and setbacks (twenty‐five (25) foot front setback and ten (10) foot side and rear setback), but proposes modifying other standards. The building height is proposed to remain at thirty‐five (35) feet for Lot 2, but be reduced to twenty‐eight (28) feet for Lot 1 and Lot 3. The Application proposes to limit the curb cuts for driveways to two (2) for the three (3) lots and proposes to plat non‐developable areas. Based on public input received, the Applicant has decreased the maximum building footprint, building height, and building square footages as follows: Proposed Lot Building Footprint Max (sq. ft.) Livable Area Max (sq. ft.) Building Height Max (ft.) Non‐Developable Area (acres) LOT 1 3,000 sq. ft. 4,000 sq. ft. 28’ .061 ac. LOT 2 (existing home) 4,000 sq. ft. N/A 35’ .282 ac. LOT 3 2,000 sq. ft. 4,000 sq. ft. 28’ .027 ac. Staff Analysis Staff supports this amendment as it would result in a reduced impact on the neighboring properties, and allows for a flexible development pattern in the form of three (3) structures in place of two (2). The massing is improved with more opportunity for building articulation and the introduction of light and air between units which is ensured through the provisions for building footprint maximums and non‐developable areas. After reviewing the PUD review criteria below, Staff finds the Application in conformance with the purpose of the Development Code, review criteria, and there appears to be no added impact to neighboring properties. The development pattern in this portion of Wildridge is mainly duplexes with some sporadic single‐family structures, the proposed application will help provide variety in the building for and create a more diverse development pattern. Review Criteria Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the Council shall consider a number of review criteria when evaluating the Application. The following criteria must be considered when forming the basis of a recommendation: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Staff Response: The stated purposes of §7.04, Development Code, AMC, and §7.16.060, PUD, AMC, includes statements regarding the implementation of the Comprehensive Plan; regulating intensity of use; avoiding increased demands on public services and facilities; and providing for compatibility with the surrounding area, among other statements. The proposed amendment does not increase demands on public services, and provides compatible building layouts with the surrounding area. The application does not increase the number of driveway curb cuts to three (3), which is permitted with the proposed development pattern, and PUBLIC HEARING – Minervini Minor PUD Amendment Page | 4 instead limits the development to two (2) cuts, which is permitted with the current development pattern. This is a benefit to the immediate neighborhood as there is no net increase in the number of curb cuts. In addition, the inclusion of platted non‐developable areas, additional setbacks, building footprint limitations, lower building heights, and livable area caps ensure the benefit of increased light and air between units is realized, thus resulting in an improved quality over what is permitted today. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: The Application does not negatively affect the public health, safety and welfare. The inclusion of single‐family structures on the Property is compatible with the adjacent single‐ family and duplex residential uses. (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b); Staff Response: The proposed PUD amendment is part of an established PUD, and is therefore not subject to the eligibility criteria or Public Benefit requirements outlined in §7.16.060(b). Consistency with the Comprehensive Plan is required and analysis is provided below. The Comprehensive Plan includes this property within District 24: Wildridge Residential District. The planning principals states the following intent: “site buildings of varying sizes along the street to maximize sun exposure, protect views, be compatible with existing surrounding development, and break up building bulk.” This PUD Amendment allows for greater flexibility in building sizes, breaks up the building bulk and has the potential to maximize sun exposure over what could be experienced with the underlying and existing zoning. (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; Staff Response: The PUD amendment has no incremental impact on public facilities or services; therefore, the existing services can adequately serve the property. Eagle River Water and Sanitation District has provided comments on the Application including: concerns regarding the allowed uses within the non‐developable areas; the need for drainage and utility easements; and the verification of water taps and sewer service tie‐ins. The applicant has responded (Attachment C) that these comments would best be addressed during the platting and building permit portions of this project. The Applicant did agree that the non‐developable areas will allow for utilities and access to those utilities and that all new lot line easements will be utility and drainage easements. Staff agrees with the Applicant that these items should be addressed during the platting process and does believe the other comments are best addressed prior to the issuance of a building permit as is required by Town Code. (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant 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: No adverse impacts upon the natural environment, wildlife, vegetation, air, or stormwater management are anticipated. PUBLIC HEARING – Minervini Minor PUD Amendment Page | 5 (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and Staff Response: As discussed herein, the approval of the PUD amendment would not result in significant adverse impacts upon other property in the vicinity. As discussed by the applicant, the existing development pattern could see “coast to coast” development on each of the subject lots. The proposed PUD Amendment includes additional setbacks, easements, and non‐developable areas which provide for undevelopable areas resulting in a development pattern of three (3) separate buildings which could result in reduced impacts to other properties in the area, by providing additional building separation. In addition, the reduced building height for Lots 1 and 3 to twenty‐eight (28) feet will result in a direct reduced impact on adjacent properties particularly those to the north. The commitment to building footprint maximums and square footage has the potential to reduce impacts on adjacent properties by providing assurances to those properties of the maximum size potential of structures on these lots. The added height restrictions further reduce potential impacts to other property in the vicinity of the Property. (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Staff Response: As proposed, the Application will either increase the compatibility with uses or potential future uses on other properties in the vicinity, or will result in no change to uses as currently exist. Staff Recommendation Staff recommends approval of Resolution 14‐02, approving the Minor PUD Amendment application. Attachments A: Vicinity Map B: Application C: Written Comments in response to Referrals D: PZC Findings of Fact and Recommendation E: Draft Resolution 14‐02 WILDRIDGE RD E C O Y O T E R I D G E Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, and the GIS User Community 0240120 FeetThis map was produced by the Community Development Department. Use of this map should be for general purposes only. Town of Avon does not warrant the accuracy of the data contained herein. Created by Community Development Department I Property Boundaries Vicinity Map - Lot 15 & 16, Block 4, WR Attachment A !!!! April 3, 2013 ! Matt Pielsticker, AICP Senior Planner Town of Avon ! Re: Minervini PUD Amendment Resubmittal ! Dear Matt: ! Attached with this cover letter is an updated submittal for the Minervini Minor PUD Amendment. The updated submittal reﬂects changes made to the application based on comments from the Planning and Zoning Commission as well as input we have received from the neighbors. The submittal has not changed since the ﬁrst hearing with the Town Council. ! As you are aware, we came to a private agreement with the Merlings in December to win their support of the proposal. Since our ﬁrst hearing with the Town Council, we have been working with Jack Hunn at the encouraging of the Town Council. As you are aware, Jack’s home is located down hill from the proposed Lots 2 and 3. We believe that we will have executed a private agreement with Mr. Hunn prior to the hearing on April 8. ! To summarize the application to re-subdivide lots 15 and 16 we have provided these restrictions, to name a few: ! •Proposed Lot 1 is limited to a 3,000 sq. ft. building footprint, 4,000 sq. ft. of livable ﬂoor area, and 28’ height limitation; ! •Proposed Lot 2 (the existing home) is limited to a 4,000 sq. ft. building footprint and a 35’ height limitation; and ! •Proposed Lot 3 is limited to a 2,000 sq. ft. building footprint, 4,000 sq. ft. of livable ﬂoor area, and 28’ height limitation. ! The applicant believes that the revised proposal addresses the primary concerns of the neighbors and results in a beneﬁcial development patterns for the property. The precedent for this type of application was previously set by the Town Council with its recent amendments to the Development Code and recent allowing for this type of application to be considered. The attributes and circumstances of these properties are unique given the platting history, the size of the existing lots, the topography of the properties, and development pattern in the vicinity. The applicant believes the proposal is reasonable and appropriate. ! Mauriello Planning Group MPGVail.com P.O. Box 4777 dominic@mpgvail.com Eagle, CO 81631 970-‐376-‐3318 Attachment B 1 Submitted: September 30, 2013 Revised November 12, 2013 Revised December 31, 2013 PUD Amendment 5684 and 5678 Wildridge Road East Lots 15 and 16, Block 4, Wildridge Subdivision MINERVINI LOTS Attachment B TABLE OF CONTENTS A. Introduction 3 B. Background 5 C. Precedent and Other Similar Applications 9 D. Zoning Analysis 11 E. Proposed Lot Layout & Development Comparisons 12 F. Criteria for Review 14 G. Adjacent Addresses (within 300 Feet) 21 H. Appendices 22 1. Conceptual Lot Layout 2. 1981 Wildridge Final Plat 3. 2000 Lot 13, 14, and 15 Replat 4. 2005 Final Plat of Lot 15 2 Attachment B A. I NTRODUCTION The applicants, John Minervini and Virginia Klyce, represented by Mauriello Planning Group, are requesting a Minor PUD Amendment for Lots 15 (5684 Wildridge Road East) and 16 (5678 Wildridge Road East), Block 4, Wildridge Subdivision. The Wildridge PUD currently in effect, identiﬁes Lot 15 as one single-family lot and Lot 16 as one duplex lot, allowing for a total of 3 dwelling units, in the form of 1 single-family and 1 duplex on the property (see background for more detail in this regard). The applicant is requesting to create 3 lots, each single-family lots, maintaining the ability to construct a total of 3 dwelling units on the property as single-family homes. Because the lots are located within the Wildridge PUD, a minor amendment to the PUD is required. If approved, a minor subdivision application will be submitted for approval (the development code was recently amended allow minor subdivisions to be approved administratively), which will implement the PUD amendment. The lot lines, lot sizes, and other provisions typical to a subdivision are shown within this application. Below is a conceptual design of the lot layout and home footprint locations: The intent is to create the ability to construct two small single-family residences in addition to the existing home. There is no change in allowable density for the property thus allowing it to be classiﬁed as a minor PUD amendment. The goal is to construct smaller, more livable units with the living areas primarily on the main ﬂoor. This is a product lacking in the Town of Avon and within the Wildridge neighborhood. Steep slopes and duplex development tend to unite to create the need for more vertical units, which do not necessarily appeal to a buyer looking to 3 Attachment B downsize and eliminate stairs as they age. To ensure this type of more compact development, the applicant is proposing a building footprint limitation on all of the lots, a limit on residential square footage for Lots 1 and 3, and a height limitation on Lots 1 and 3. No similar restrictions exist on these lots today and will therefore serve as a beneﬁt to the neighboring properties and have less impacts than what might be developed under the current development standards. Finally, the total number of curb cuts for the three lots will remain at only two, thus eliminating any concerns with additional trafﬁc conﬂicts generated by providing additional access points to Wildridge Road. This will also allow for a design which will move the existing curb cut at 5684 Wildridge Road, creating an area to landscape and berm, thus screening the garage doors from the street. The Minervini Family intends to live in one of the new homes as they become empty-nesters. They would like to downsize and ensure that the new home allows them to age in place rather than leave the community to pursue a type and size of housing product that is not common in the Town of Avon. A home with a small footprint and the majority of living space on the main ﬂoor will allow them to remain in Wildridge for years to come. Their intent is to sell the existing home and the third proposed home. Photo of Lot 15 (left) and Lot 16 (right) in June 2013 Northern portion of Lot 15 for newly created Lot 4 Attachment B B. BACKGROUND The Town of Avon was incorporated in 1978 and Benchmark Properties created the Wildridge and Wildwood Subdivisions shortly thereafter. On this original plat, Lot 15 and Lot 16 were each identiﬁed as permitted “2 units each.” Subsequently, the Wildridge Subdivision was completely replatted in 1981. Lots 15 and 16 remained in the same conﬁguration, but on the 1981 plat, Lot 15 was identiﬁed as permitted only “1 unit” while Lot 16 was still permitted 2 units. Lot 15 was platted as 0.75 acres/32,670 sq. ft., while Lot 16 was platted as 0.42 acres / 18,295 sq. ft., as indicated on a portion of the 1981 plat provided below: In 2000, Lot 14 was replatted by the then-owners of Lots 13 and 15 and the lot area of Lot 14 was split between the two properties. This replat was done as part of a PUD amendment which vacated Lot 14 and the development rights associated with Lot 14, while according to the application, the “Development rights of Lots 13 and 15 were to remain unchanged.” Lot 14 was originally permitted 2 units. It is unclear if at the time of this approval, it was understood by the Town and the applicant that Lot 15 was permitted only 1 unit. The staff memorandum for the adopting ordinance clearly states that Lot 15 would be still be permitted 2 units as indicated on the memo from the ﬁle provided on the following page, a statement that we know now was in error: Lots 15 and 16 as platted (1981) 5 Attachment B 6 Attachment B The plat below shows how Lot 14 was divided and added into the lot area of Lot 13 and 15. This increased the size of Lot 15 to 1.085 acres while its designation on the 1981 plat was for only 0.75 acres. Finally, in 2005, the then-owners of Lot 15 eliminated the utility and drainage easement running through the lot and replatted Lot 15 into its current conﬁguration at 1.085 acres as shown below. Lot 15 as replatted in 2000 7 Attachment B To summarize the history of these properties, Lot 16 was always permitted 2 dwelling units in the form of a duplex. Lot 15 was originally a smaller lot, and permitted only 1 dwelling unit. However, there was a Lot 14 which was originally permitted 2 dwelling units in the form of a duplex, half of which was incorporated into Lot 15. So one could conclude that from the 1981 plat of the Wildridge Subdivision, that the combined area of subject property would have supported 4 dwelling units. From the originally intended 4 dwelling units, the Minervini Family wants to build only 3 dwelling units. The proposed lot layout is provided below: 8 Attachment B C. PRECEDENT AND OTHER SIMILAR APPLICATIONS Similar projects have been approved by the Town of Avon in the past. For example, the following plat shows a resubdivision of Lot 10 and 11, Block 2, Wildridge approved by the Town of Avon in 2002. This plat took 2 existing duplex lots and re-platted them as 3 single-family lots. In 2005, the Western Sage PUD allowed for 3 triplex lots and 1 duplex lot to be re-platted into 8 single-family homes. The Dry Creek PUD, approved in 2006, was another similar approval by the Town of Avon. The 9 Attachment B Dry Creek PUD allowed for Lot 44 which was permitted 4 units to be re-platted into 3 single- family lots. Most recently, the Wildridge Point Subdivision and PUD Amendment was approved by the Town of Avon in 2013. Wildridge Point allowed for Lots 33 and 34, each duplex lots, to be replatted as 3 single-family lots. While these examples were processed in different ways (PUD within a PUD, amendment to a PUD, etc.) the recently adopted Avon Development Code provides a clear process for minor amendments to an existing PUD, simplifying the approval process for applications such as these. 10 Attachment B D. ZONING ANALYSIS Current: Standard Lot 15 Lot 16 Total Lot Size (acres)1.085 0.42 1.505 Units Allowed 1.00 2.00 3.00 Density (du/acre)0.92 4.76 1.99 Lot Frontage 118.43 114.03 232.46 Proposed: Standard Lot 1 Lot 2 Lot 3 Total Lot Size (acres)0.351 0.804 0.35 1.505 Units Allowed 1.00 1.00 1.00 3.00 Density (du/acre)2.85 1.24 2.86 1.99 Lot Frontage 92.20 95.26 45.00 232.46 There are no changes to any other standards of the Wildridge PUD, with setbacks remaining as outlined on the plat. Front setbacks are 25 ft. while side and rear setbacks are 10 ft. The maximum height limitation is 35 ft. However, the applicant is proposing the following limitations to Lots 1, 2, and 3: Height: 35 ft. on Lot 2 , and 28 ft. on Lot 1 and Lot 3 Building Footprint: 3,000 sq. ft. on Lot 1, 4,000 sq. ft. on Lot 2, and 2,000 sq. ft. on Lot 3 Curb Cuts/Access: No more than 2 curb cuts to Wildridge Road East for the entirety of Lots 1, 2, and 3. Non-Development Zone: proposed on all lots (to be shown on the plat). Lot 1 will indicate a non-development easement of approximately 0.061 acres. Lot 2 will indicate a non-development easement of approximately 0.282 acres. Finally, Lot 3 will indicate a non-development easement of approximately 0.027 acres. Limitation on Residential Square Footage: No more than 4,000 sq. ft. of livable area on Lots 1 and 3, exclusive of garage area, crawl space, or attic space. 11 Attachment B E. P ROPOSED LOT L AYOUT & DEVELOPMENT COMPARISONS Below is the proposed lot layout and development scenario reﬂecting the proposed limitations as well as a development scenario that could be implemented on the property today with existing PUD development standards. With the proposed lot sizes, no development zones, and building footprint restrictions, the maximum building footprint of the entire property is limited to 9,000 sq. ft. Today, the home on Lot 15 could be redeveloped or expanded and a new duplex could be developed on Lot 16. Based on the conﬁguration and setbacks on Lot 16, it could be developed with a 9,300 sq. ft. building footprint (4,650 sq. ft. per unit) and at three-stories that would equal 27,900 sq. ft. of total ﬂoor area including garage area for two units. A more reasonably developed duplex on Lot 16 might be a 7,000 sq. ft. footprint and with a total ﬂoor area including garages of 12,000 sq. ft. (6,000 sq. ft. per unit). Given the large size of Lot 15 after the 2000 replat, Lot 15 could support a building footprint of 18,000 sq. ft. or 36,000 sq. ft. of total ﬂoor area. Such home might not be reasonable given the market. Using the Farr residence as a guide, this lot might be more reasonably developed with a 9,000 sq. ft. footprint and total ﬂoor area of 14,000 sq. ft. including garage area. As proposed the total footprint area would be limited to 9,000 sq. ft. versus 16,000 sq. ft. and the total ﬂoor area would likely be limited to 14,000 sq. ft in three homes versus 26,000 sq. ft. in three units. 12 Attachment B 13 Attachment B F. CRITERIA FOR REVIEW Section 7.16.060.4 establishes the criteria for review of a PUD amendment. It is important to note that these are the same criteria as provided for the establishment of a new PUD, so many are not applicable to an amendment of this limited magnitude. Section 7.16.060.4 states: Review Criteria. The PZC and Town Council shall consider the following criteria as the basis for a recommendation or decision to rezone a property to PUD Overlay, and approve a preliminary PUD plan, or process a PUD amendment: (i)The PUD addresses a unique situation, confers a substantial beneﬁt to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efﬁcient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Applicant Response: The proposed amendment to the Wildridge PUD to allow for 3 single family lots allows for a creative site design that is an improvement over the existing lot conﬁguration. The proposal creates building footprint limitations (which do not exist today) which allows for greater open space and environmental protection. These footprint limitations, along with a proposed height limitation, create an increase in choice of living and housing environments. These proposed units are smaller, livable units, intended to be a more accessible choice for potential buyers. (ii)The PUD rezoning will promote the public health, safety, and general welfare; Applicant Response: The proposal includes the limitation of 2 curb cuts for the 3 proposed lots as would exist today, minimizing the effects to the trafﬁc circulation on Wildridge Road. This also allows for additional landscaping and berming at the existing curb cut, screening the garage doors from direct public view. Because there is no increase in the number of proposed dwelling units, there is no increase in the estimated number of trips generated by the project. As a result, the proposal promotes the public health, safety, and welfare. (iii)The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b); Applicant Response: The Avon Land Use Map indicates the property as Residential - Low Density as indicated on the map below: 14 Attachment B The Comprehensive Plan deﬁnes “Residential-Lot Density” as follows: Areas designated for residential low density are intended to provide sites for single-family, duplex, and multi-family dwellings at a density no greater than 7.5 dwelling units per acre. The proposal complies with the density as recommended by the Comprehensive Plan. 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 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; 15 Attachment B (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, 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 within this document, the proposal is consistent with and in substantial compliance with the purpose of the Development Code by not increasing the number of dwelling units, providing for greater open space and reducing building footprints within an existing subdivision. The eligibility criteria for a PUD are outlined in Section 7.16.060(b) and state the following: (1) Property Eligible. All properties within the Town of Avon are eligible to apply for PUD approval. (2) Consistency with Comprehensive Plan. The proposed development shall be consistent with the Avon Comprehensive Plan. (3) Consistent with PUD Intent. The proposed development shall be consistent with the intent and spirit of the PUD purpose statement in §7.16.060(a). (4) Compatibility with Existing Uses. The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in the Development Code or planned for in the Avon Comprehensive Plan. 16 Attachment B (5) Public Beneﬁt. A recognizable and material beneﬁt will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where such beneﬁt would otherwise be infeasible or unlikely. (6) Preservation of Site Features. Long-term conservation of natural, historical, architectural, or other signiﬁcant features or open space will be achieved, where such features would otherwise be destroyed or degraded by development as permitted by the underlying zoning district. (7) Sufﬁcient Land Area for Proposed Uses. Sufﬁcient land area has been provided to comply with all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses in the PUD projects, and to ensure compatibility between uses and the surrounding neighborhood. As demonstrated within this document, the proposal is consistent with the eligibility criteria for a PUD. The proposal is consistent with the Avon Comprehensive Plan and compatible with existing uses, which are of a similar density as the proposal. There is a demonstrated public beneﬁt by providing limitations on building footprints, height, and the number of curb cuts, where no such limitation exists today. Areas of steeper slopes are preserved, and the appearance and amount of open space is increased. (iv)Facilities and services (including roads and transportation, water, gas, electric, police and ﬁre protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; Applicant Response: Because there is no increase in density for the proposed project, all facilities and services are available and adequate to serve the development. (v)Compared to the underlying zoning, the PUD rezoning is not likely to result in signiﬁcant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; Applicant Response: The proposal is entirely located within a previously platted subdivision, with no increase in the allowable density, and as a result will not have any additional adverse impacts on the above-reference criteria. (vi)Compared to the underlying zoning, the PUD rezoning is not likely to result in signiﬁcant adverse impacts upon other property in the vicinity of the subject tract; and Applicant Response: As there is no increase in allowable density for the properties, there is no increase to impacts upon other property in the vicinity. The proposal is consistent with the allowable density for surrounding properties and will be smaller in scale than many of the existing homes in the neighborhood. The following photos provide some idea of the character of the existing homes in the vicinity: 17 Attachment B Adjacent homes (Lots 21 and 20) behind Lot 15, accessed from Coyote Ridge Lot 19, adjacent to both Lots 15 and 16, also accessed from Coyote Ridge Duplex on Lot 77, located across Wildridge Road East Home on Lot 17, adjacent to Lot 16 The character of the neighborhood, while entirely residential, has homes that were built in different real estate boom and bust cycles. Some homes, generally built in the 1990s and early 2000s are large single-family or duplex units that stretch from lot line to lot line. Homes constructed earlier are smaller, with minimal footprints and signiﬁcant development potential remaining. With the restrictions proposed by the Minervini Family on building footprints, height, residential square footage, and curb cuts, the neighbors in the vicinity are guaranteed smaller homes with less impact than what is currently allowed on the property. (vii)Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Applicant Response: While the neighborhood is generally developed with a mix of single-family homes and duplexes, the majority of the lots in the vicinity are allowed a minimum of 2 units. The following analysis provides a map which indicates the allowable land use for properties in the general vicinity. In addition to the map, an analysis has been provided which indicates the lot size for each property, the number of units allowed, and the density (dwelling units/acre) allowed for each lot. This analysis indicates that the proposal is consistent with the allowable development for properties in the neighborhood. 18 Attachment B Lot Lot Size (acres)Dwelling Units Allowed Density Allowed (du/acre) 11 0.95 2 2.105 12 0.96 2 2.083 13 1.847 2 1.083 15 1.085 1 0.922 16 0.42 2 4.762 17 0.398 2 5.025 18 0.453 2 4.415 19 0.47 2 4.255 20 0.64 2 3.125 21 0.76 2 2.632 22 1.14 2 1.754 23 1.4 2 1.429 24 1.61 2 1.242 25 0.95 2 2.105 26 1 2 2.000 27 1.2 2 1.667 28 1.169 2 1.711 75 0.49 2 4.082 76 0.55 2 3.636 77 1.07 2 1.869 78 0.723 2 2.766 79 0.61 2 3.279 80 0.586 2 3.413 81 0.51 2 3.922 82 1.33 2 1.504 83 0.96 2 2.083 Total 23.281 51 2.191 Average 0.895 1.962 2.649 13 20 21 22 23 24 25 76 75 74 82 73 26 27 28 79 80 81 83 11 12 78 77 16 15 18 17 19 Open Space Single Family Duplex 19 Attachment B As proposed, the allowable density for each lot is as follows: Lot 1: 1 du / .351 acres = 2.8 du/acre Lot 2: 1 du / .804 acres = 1.2 du/acre Lot 3: 1 du / .35 acres = 2.9 du/acre Total: 3 du / 1.505 acres = 1.99 du/acre (no change) As indicated in the analysis, this is consistent with the allowable density for properties in the neighborhood, which average 2.6 dwelling units per acre. 20 Attachment B G. ADJACENT ADDRESSES (within 300 Feet) MERLING, KAREN, JOSEPH, JEREMY & ELIZABETH In Care Of Name JEREMY MERLING 525 E 11TH ST APT 4A NEW YORK, NY 10009-5079 TOWN OF AVON PO BOX 975 AVON, CO 81620-0975 UNITED STATES OF AMERICA PO BOX 25127 LAKEWOOD, CO 80225 NELSON, JOELY PO BOX 2214 VAIL, CO 81658 PEASE, DAVID L. & LISA M. PO BOX 4035 EDWARDS, CO 81632-4035 HANDELSMAN, HAROLD S. & CATHERINE 823 GREENLEAF GLENCOE, IL 60022 JPMORGAN CHASE BANK NATIONAL ASSOCIATION 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127-5705 FARR, MIKE PO BOX 198 AVON, CO 81620 YOUNG, PATRICIA ANN - WILEY, JAMES L. PO BOX 3388 AVON, CO 81620 SWEET, JOHN B. & CARLEEN H. PO BOX 2044 EDWARDS, CO 81632 BEETCH, KONR & SUZANNE G. PO BOX 929 EDWARDS, CO 81632 HUNN, JACK D. PO BOX 1095 VAIL, CO 81658 NEAL A. HEYBECK TRUST, NEAL A. HEYBECK TRUSTEE - JINEANE B. HEYBECK TRUST, JINEANE B. HEYBECK TRUSTEE 415 E NORTH WATER ST APT 703 CHICAGO, IL 60611-5808 TAYLOR, ROBERT A. & ELIZABETH L. PO BOX 3910 CARMEL, IN 46072-3910 650E WILDRIDGE ROAD LLC 1067 N MASON RD STE 7 ST LOUIS, MO 63141 HAGEBAK, ROBERT W. PO BOX 4056 VAIL, CO 81658 WORRELL, ANGELA R. & ROBERT W. PO BOX 2923 VAIL, CO 81658-2923 SUTTER, RYAN A. & TRISTA PO BOX 2470 AVON, CO 81620 VERLINDE, RAYMOND E. & LAURA LEE A. 10761 HUNTWICK ST HIGHLANDS RANCH, CO 80130 FRAGOLA, JAMES A. & KRISTA D. 5690 MERRY LN EXCELSIOR, MN 55331 BLUE SKY 3 LLC 18 WYNSTONE WY NORTH BARRINGTON, IL 60010 RISCHITELLI, HENRY J., JR 2820 PETERSON PL NORCROSS, GA 30071-1803 JOE & CATHERINE ROSS REVOCABLE TRUST, JOSEPH G. & CATHERINE C. ROSS CO-TRUSTEES 3967 DOGWOOD CANYON LOOP FAYETTEVILLE, AR 72704-6120 MORGAN, JEFF & JODY PO BOX 207 VAIL, CO 81658-0207 SMITH, THOMAS RANDALL PO BOX 8471 AVON, CO 81620 KOCH, KIMBERLY A. & THOMAS PO BOX 3907 AVON, CO 81620-3907 CALLAWAY, CLIFFORD KAY & ALTHEA TREVOR PO BOX 1290 AVON, CO 81620-1290 21 Attachment B H. APPENDICES 1. Conceptual Lot Layout 2. 1981 Wildridge Final Plat 3. 2000 Lot 13, 14, and 15 Replat 4. 2005 Final Plat of Lot 15 22 Attachment B M i n e r v i n i p a r c e l s pr o p o s e d l o t , 2 , 3 (e x i s t i n g l o t s 1 5 , 1 6 b l o c k 4 , w i l d r i d g e s u b d i v i s i o n ) se p t e Mbe r 2 0 1 3 PA G E 1 ProPosEd lot lAyout lot 3.35 ACrEs(15,251 sQ Ft) lot 2.804 ACrEs(35,106 sQ Ft) lot 1.351 ACrEs(15,201 sQ Ft) lot 1 NoN dEVEloPMENt EAsEMENt - .061 ACrEs lot 2 - NoN dEVEloPMENt EAsEMENt - .282 ACrEs BuIldING sEtBACK drAINAGE EAsEMENt BuIldING sEtBACK drAINAGE EAsEMENt BuIldING sEtBACK drAINAGE EAsEMENt lot 3 - NoN dEVEloPMENt EAsEMENt - .027 ACrEs Attachment B M i n e r v i n i p a r c e l s pr o p o s e d l o t , 2 , 3 (e x i s t i n g l o t s 1 5 , 1 6 b l o c k 4 , w i l d r i d g e s u b d i v i s i o n ) se p t e Mbe r 2 0 1 3 PA G E 2 lot 3.35 ACrEs(15,251 sQ Ft) lot 2.804 ACrEs(35,106 sQ Ft) lot 1.351 ACrEs(15,201 sQ Ft) lot 2 - NoN dEVEloPMENt EAsEMENt - .282 ACrEs lot 3 - NoN dEVEloPMENt EAsEMENt - .027 ACrEs LOT 2 EXISTING RESIDENCE LOT 1 - 92.20’ sTreeT frOnTage LOT 2 - 95.26’ sTreeT frOnTage LOT 3 - 45’ sTreeT frOnTage LOT 1 LOT 3 ProPosEd lots CoNCEPtuAl hoME lAyout lot 1 - NoN dEVEloPMENt EAsEMENt - .046 ACrEs Attachment B M i n e r v i n i p a r c e l s pr o p o s e d l o t , 2 , 3 (e x i s t i n g l o t s 1 5 , 1 6 b l o c k 4 , w i l d r i d g e s u b d i v i s i o n ) se p t e Mbe r 2 0 1 3 PA G E 3 CoNCEPtuAl BuIldING FootPrINt For ExIstING lots lot 151.085(47,263 sQ Ft) lot 16.42 ACrEs(18,295 sQ Ft) LOT 16 LOT 15 Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B 1 Ma t t P i e l s t i c k e r Fr o m : Je r e m y M e r l i n g < j e r e m y m e r l i n g @ g m a i l . c o m > Se n t : Mo n d a y , J a n u a r y 2 7 , 2 0 1 4 1 : 0 5 P M To : Ma t t P i e l s t i c k e r Cc : me r l i n g 5 @ a o l . c o m ; D o m i n i c M a u r i e l l o Su b j e c t : Mi n o r P U D A m e n d m e n t f o r L o t s 1 5 & 1 6 , B l o c k 4 Ma t t , It w a s g r e a t m e e t i n g y o u a f e w w e e k s b a c k a n d I h o p e y o u r a r e h a v i n g a n i c e 2 0 1 4 . P l e a s e n o t e t h a t t h e M e r l in g s ( i . e . , l o t 1 3 ) h a v e r e a c h e d a p r i v a t e ag r e e m e n t w i t h t h e M i n e r v i n i s a n d n o l o n g e r o b j e c t t o t h e A p p l i c a t i o n f o r a m i n o r P U D A m e n d m e n t . Pl e a s e l e t u s k n o w i f y o u n ee d a n y t h i n g f u r t h e r f r o m u s . Th a n k y o u a n d b e s t r e g a r d s , Je r e m y M e r l i n g Attachment C 1 Matt Pielsticker Subject:FW: Minervini proposed building of two additional single family homes From: Neal Heybeck [mailto:NHeybeck@fuchs.com] Sent: Friday, January 24, 2014 12:25 PM To: Matt Pielsticker Cc: 'Jheybeck' (jheybeck@me.com); minervinij@aol.com Subject: Minervini proposed building of two additional single family homes Matt, My wife Jineane and I purchased the home at 5566 Coyote Ridge(lot 19) in January 2012. Our property is directly south of the two lots owned by John and Virginia. This summer John discussed with us his plan for building and we had no issues with his concepts. This fall we read through the information on the Avon planning commission site and found that this detailed report matched identically to what he expressed to us this past summer. Jineane and I have no issues and approve this plan as submitted to the Avon planning commission. Kind Regards, Neal Heybeck Vice President‐Purchasing Fuchs Lubricants, Co. 708‐225‐6843 nheybeck@fuchs.com Attachment C Attachment C Attachment C Attachment C Attachment C Attachment C Attachment C From:Dominic Mauriello To:Jared Barnes Cc:Allison Kent Subject:Re: Minervini PUD Referral Date:Monday, October 28, 2013 8:50:08 AM Hi Jared: Thank you for forwarding that. Here is my response: Once we prepare the final plat, we can ensure that the nondevelopment areas allow for utilities and access to utilities;On the final plat, we will ensure that the easements are in fact drainage and utility easements;We understand that there might not be existing taps/service to Lots 1 and 3; andWe understand that sewer service connections will have to tie into the existing system and that the nondevelopment areas will need to allow for this utility connection. Thanks, Dominic F. Mauriello, AICP Mauriello Planning Group, LLC PO Box 4777 2205 Eagle Ranch Road Eagle, Colorado 81631 970-376-3318 cell www.mpgvail.com On Oct 25, 2013, at 2:44 PM, Jared Barnes <jbarnes@avon.org> wrote: Dominic, Please see the comments from the ERWSD below. If you have any questions regarding the specific comments please feel free to contact myself and Tug. I would like to be copied on correspondence for File keeping records. Regards, Jared Barnes Planner II Community Development Town of Avon PO Box 975 Avon, CO 81620 970-748-4023 Attachment CAttachment C From: Tug Birk [mailto:dbirk@erwsd.org] Sent: Thursday, October 24, 2013 3:02 PMTo: Jared BarnesSubject: RE: Minervini PUD Referral Jared, Here are the ERWSD comments. ͻ^^D,^ϭϵϰϯͲϯϱϭD,ϬϯϴϬĂƉƉĞĂƌƐƚŽďĞůŽĐĂƚĞĚǁŝƚŚŝŶƚŚĞƉƌŽƉŽƐĞĚ>ŽƚϮEŽŶ Development Easement. Ensure access/maintenance/easement requirements. ͻEĞǁƐŝĚĞůŽƚĞĂƐĞŵĞŶƚƐĂƌĞĐĂůůĞĚŽƵƚĂƐ͚ĚƌĂŝŶĂŐĞĞĂƐĞŵĞŶƚƐ͛ŶŽƚ͚ĚƌĂŝŶĂŐĞĂŶĚƵƚŝůŝƚǇ ĞĂƐĞŵĞŶƚƐ͛ĂƐƉƌĞǀŝŽƵƐůǇĐŽŶƚĞŵƉůĂƚĞĚŝŶƚŚĞtŝůĚƌŝĚŐĞ^ƵďĚŝǀŝƐŝŽŶ͘/ĨƚŚĞ͚ƵƚŝůŝƚǇ͛ƉŽƌƚŝŽŶ of the easement is to be vacated we may need formal vacation. ͻtĂƚĞƌƚĂƉͬƐĞƌǀŝĐĞƐƚƵďŽƵƚƐǁŝůůƉƌŽďĂďůǇŶŽƚďĞĂǀĂŝůĂďůĞĨŽƌ>ŽƚƐϭĂŶĚϯ͖ŶĞǁƚĂƉƐǁŝůů need to be connected at the water main in Wildridge Road East. ͻsĞƌŝĨǇƚŚĂƚƚŚĞƉƌŽƉŽƐĞĚ>ŽƚϭĂŶĚ>ŽƚϯǁŝůůŚĂǀĞĂĚĞƋƵĂƚĞƐĞǁĞƌƐĞƌǀŝĐĞ͘^ĞǁĞƌƐĞƌǀŝĐĞƐ ƚŽƚŚĞƐĞůŽƚƐŵĂǇƌĞƋƵŝƌĞĐƌŽƐƐŝŶŐƚŚĞ>ŽƚϮŶŽŶͲĚĞǀĞůŽƉŵĞŶƚĞĂƐĞŵĞŶƚĨŽƌƚŝĞͲŝŶƚŽƚŚĞƐǇƐƚĞŵ͘ Thanks, Tug Birk Development Review Coordinator Eagle River Water and Sanitation District 970-477-5449 tbirk@erwsd.org From: Jared Barnes [mailto:jbarnes@avon.org]Sent: Wednesday, October 16, 2013 3:35 PMTo: Jared Barnes Subject: Minervini PUD Referral Hello, Attached is a request for referral comments on a PUD Amendment application being processed by the Town of Avon. The request is to amend the Wildridge PUD zoning for 2 lots to modify their allowed uses to permit 3 single family structures. The application will be accompanied by a subdivision application to create a new lot and there is no net gain or loss in dwelling units. Please do not hesitate to contact me with any questions you may have. Regards, Attachment CAttachment C Attachment D Attachment D Resolution 14-02 Minervini Minor PUD Amendment April 8, 2014 Page 1 of 2 TOWN OF AVON RESOLUTION NO. 14-02 Series of 2014 A RESOLUTION APPROVING THE MINERVINI MINOR PUD AMENDMENT FOR LOTS 15 AND 16, BLOCK 4, WILDRIDGE, TOWN OF AVON, COLORADO WHEREAS, a Minor PUD Amendment Application (“Application”), was submitted to the Community Development Department of the Town on October 7, 2013 by Dominic Mauriello (“Applicant”); and WHEREAS, the Application requests to amend the zoning of Lot 15 and Lot 16, Block 4, Wildridge, to allow three (3) single-family structures in place of the currently allowed single-family and duplex zoning; and WHEREAS, the Planning and Zoning Commission held public hearings on November 5, 2013, November 19, 2013, December 3, 2013, and January 7, 2014, after posting notice of such hearings in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all comments provided; and WHEREAS, the Planning and Zoning Commission approved Findings of Fact, Record of Decision, and Recommendations on January 7, 2014, recommending that the Town Council conditionally approve the Application; and WHEREAS, the Avon Town Council held public hearings on January 28, 2014, February 25, 2014, March 25, 2014, and April 8, 2014, and after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking action on the Application; and WHEREAS, the Avon Town Council has examined the review criteria set forth in §7.16.060(e)(4); and WHEREAS, the Avon Town Council has made the following findings regarding the Application: (1) The Application was processed in accordance with §7.16.060(h), Amendment to a Final PUD, which allowed the application to be processed as a minor amendment pursuant to §7.16.060(h)(1)(ii), Minor Amendment, and utilized the review criteria set forth in §7.16.060(e)(4), Preliminary PUD Review Criteria; and, (2) The Application is in substantial compliance with §7.16.060(e)(4), Preliminary PUD Review Criteria, AMC based upon review of the Application, the Town staff report and other evidence considered by the Avon Town Council at the public hearing; and, (3) The Application will not 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 with building footprint maximums; and, Attachment E Resolution 14-02 Minervini Minor PUD Amendment April 8, 2014 Page 2 of 2 (4) Approval of the Application will reduce building massing compared to the existing underlying zoning, allowing for an improvement in quality over what could have been accomplished through the existing zoning designations; and, (5) Potential building impacts are reduced by certain restrictions stated in the conditions; and, (6) The Application is in conformance with policy recommendations in the Avon Comprehensive Plan, including “siting buildings of varying sizes along the street to maximize sun exposure, protect views, be compatible with surrounding development, and break up building bulk.” NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Minor PUD Application for Lots 15 and 16, Block 4, Wildridge, Town of Avon, Colorado, is hereby approved subject to the following conditions, which shall be met as a condition to subdivision, design review and/or building permit approval: (1) The Subdivision Plat shall include easements for utilities in the non-developable areas including the right to access and maintain such utilities; lot line easements are shall include Utility and Drainage easements, with the exception that the front lot line easement shall include a Slope Maintenance, Utility, Drainage, and Snow Storage Easement. (2) The maximum permitted roof ridge elevation for Lot 3 shall be 8,638’ above sea level. (3) The realigned driveway to access Lots 2 and 3 shall be constructed by January 28, 2016, based on the “Proposed Lots Conceptual Home Layout” plans, Page 2 of the Application submittal. (4) The maximum building footprint shall be restricted to 3,000 square feet for proposed Lot 1, 4,000 sq. ft. for Lot 2, and restricted to 2,000 square feet for Lot 3. (5) The maximum livable square footage (not including garage space) shall be restricted to 4,000 square feet for proposed Lots 1 and 3. (6) The maximum building height shall be restricted to twenty-eight feet (28’) for Lots 1 and 3. ADOPTED APRIL 8, 2014. AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Rich Carroll, Mayor Debbie Hoppe, Town Clerk Attachment E The Annex Building Color Change Appeal April 8, 2014 Town Council Page 1 of 5 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Matt Pielsticker, Planning Manager, AICP Date: April 3, 2014 Agenda topic: The Annex Building Color Change Appeal CONTINUED PUBLIC HEARING Summary The Town Council heard an Appeal of a Planning and Zoning Commission (PZC) decision at their September 24, 2013 meeting. The Appeal was related to a color change application for the Annex building located at 142 Beaver Creek Place. The Town Council held a public hearing at the September 24, 2013, considered PZC testimony, and ultimately continued action until not later than April 22, 2014. Action was continued in part to review the color of the Annex Building in the winter months to determine if the color might be suitable. Subsequent to the Appeal, the Town Council approved the updated 2013‐14 Strategic Plan and 2014 Work Plan. The 2014 Work Plan offered the following direction in response to this Appeal: 1.1 Review with the Planning and Zoning Commission the Development Standards for building colors as stated in the Avon Municipal Code, Section 7.28.090(c), Generally Applicable Design Standards, specifically related to Building Materials and Colors (v) and the standard set at a sixty or less Light Reflective Value” (LRV). PZC reviewed the LRV standards over the course of three meetings and their findings and recommendations are summarized below. LRV Review While reviewing the LRV standards PZC requested examples of how other Towns review color standards, as well as other LRV levels approved in recent years for buildings in Avon. Staff provided several design standard examples from other mountain communities (Steamboat, Beaver Creek, Eagle‐Vail, Silverthorne), and provided details to other LRV paint jobs in Town (Sheraton, Avon Center) for reference. It was found that no other Towns utilized LRV as a color standard and that most Towns used “earth tone” statements with allowances for brighter colors only as accents to a base palette of indigenous shades. At the March 18, 2014 meeting PZC discussed several possible changes to the current LRV standard, including:  Increasing the applicability of the LRV standard  Reducing or eliminating the LRV standard  Different regulations for commercial and/or mixed‐use projects The Annex Building Color Change Appeal April 8, 2014 Town Council Page 2 of 5 Statistically, the occurrence of non‐compliance of LRV standards was decidedly low and appeals to Town Council rare. As a result, there was general consensus among the PZC that the LRV standard is still desired as a method to regulate design aesthetic and ensure colors are deeper, saturated earth‐tone to be more compatible with the community to help tie together the build form of Avon regardless of where the building is located. PZC decided that the hard standard of sixty (60) was not necessary to achieve the desired design aesthetic; rather, a guideline that would only reviewable by PZC if a property owner desired a color palette over sixty (60). The following is a strikethrough recommendation provided by PZC: (v) Indigenous natural or earth tones such as brown, tan, grey, green, blue, or red in muted, flat colors with an LRV (Light Reflective Value) of sixty (60) or less are required recommended, and any LRV in excess of sixty (60) must be approved by PZC. The recommended changes would not alter PZC’s fundamental approach to color standards, but would offer more flexibility by not requiring an accompanying AEC application. When Staff inquired whether or not the Annex Building proposal would be reviewed any differently without an LRV standard, the consensus was that there still would not have been a favorable review based on the extent of the Monterey White color on the Annex Building. It was noted that in addition to the strict LRV standard, the Mixed‐Use/Non‐Residential standards also provide clear direction that “large areas of bright colors should be avoided, although strong accent colors can be successfully used.” As an example, PZC favorably reviewed Wyndham’s stucco color (Navajo White – 79LRV) citing that it was accent and approximately 15% of the building. Background Greg Hoffmann, Benchmark Investors, LLC, (the Applicant) submitted a “Minor Design and Development Plan” application and an “Alternative Equivalent Compliance” (AEC) application (collectively “the Application”) for three properties (collectively “the Property”) : the Christy Sports building (Lot 21, Block 2, Benchmark at Beaver Creek Subdivision (BMBC) – 182 Avon Road); the Benchmark Shopping Center building (Tract Q, Block 2, BMBC – 82 Benchmark Road); and, the Avon Annex building (Lot 65‐B, Block 2, BMBC – 142 Beaver Creek Place). The application proposed to modify the existing colors for each building as follows: Benchmark Shopping Center ‐Base color: Benjamin Moore “Mexicana” (2172‐30) ‐Trim color: Benjamin Moore “Branchport Brown” (HC‐72) ‐Accent on ceiling and walkways: Benjamin Moore “Monterey White” (HC‐27) Annex ‐Base color: Benjamin Moore “Monterey White” (HC‐27) ‐Trim and accent color: Benjamin Moore “Buckingham Gardens” (545) ‐Roof color: Benjamin Moore “Branchport Brown” (HC‐72) Christy Sports ‐Trim and accent color: Benjamin Moore “Branchport Brown” (HC‐72) Subsection 7.28.090(c)(3)(v) of the Avon Municipal Code states: Indigenous natural or earth tones such as brown, tan, grey, green, blue, or red in muted, flat colors The Annex Building Color Change Appeal April 8, 2014 Town Council Page 3 of 5 with an LRV (Light Reflective Value) of sixty (60) or less are required. The proposed color change generally complied with this section of code with the exception of the proposed “Monterey White” color as it has an LRV of 77.32. Exceeding this code requirement necessitated an AEC request and hearing before the Planning and Zoning Commission (PZC) for review. PZC Review At the August 6, 2013 meeting, the PZC reviewed the application, which was represented by the applicant’s consultant, Worth Interiors. The PZC ultimately approved the color change for the Christy Sports building only, while the remaining buildings and their respective colors were continued. The PZC cited concerns over how some of the colors would appear on the site and directed the applicant to paint samples of the proposed colors on the Annex and Benchmark Shopping Center buildings, so that a review of the colors could be performed under natural light. The Applicant complied with this request and in addition painted alternative color samples for the “Monterey White” color, as suggested by Staff. These alternative options were as follows: ‐Benjamin Moore “Manchester Tan” (HC‐81) – LRV 63.69 ‐Benjamin Moore “White Sand” (OC‐10) – LRV 68.11 The PZC held a Special Meeting on August 13, 2013 to review the color samples after visiting the site prior to the meeting. The applicant was represented by NAI Mountain Commercial at this meeting and again the PZC discussed their concerns over the LRV for “Monterey White”. In addition, the alternative colors were discussed and the concern was raised that each of these colors exceeded the maximum LRV allowed by code. Ultimately the PZC approved the color change application and AEC with the following conditions and findings: Conditions: 1. The Christy Sports Building is approved as proposed; 2. The Benchmark Shopping Center is approved as proposed; and, 3. The Annex building colors were approved as follows: a. “Buckingham Gardens” was approved as proposed as an accent color; b. “Branchport Brown” was approved as proposed as a roof color; and, c. “Monterey White” was not approved, but “Manchester Tan” was selected out of the three options as the base color. Findings: 1. The LRV for “Manchester Tan” was nominally outside the Design Standards; 2. The Annex building is a one story building and there will be minimal visual impact as compared to a taller building; 3. “Manchester Tan” is substantially similar to what exists on the building today; 4. “Monterey White” was approved on the soffits of the Benchmark Shopping Center as it was limited to the ceiling of the walkways and will have limited application. Review Criteria Below are the Development Standards for building colors as stated in the Avon Municipal Code. Section 7.28.090(c), Generally Applicable Design Standards, outlines the requirements for building materials and colors as follows: The Annex Building Color Change Appeal April 8, 2014 Town Council Page 4 of 5 (3) Building Materials and Colors (i) The use of high quality, durable building materials is required. Exterior walls shall be finished with materials used in a manner sympathetic to the scale and architectural style of the building. (ii) Preferred materials reflect the Town’s sub alpine character such as native stone, wood siding, masonry or timbers. (iii) The following building materials and wall finishes are not permitted on the exterior of any structure: (A) asphalt siding, (B) imitation brick, (C) asbestos cement shingles or siding, (D) imitation log siding, or (E) plastic or vinyl siding. (iv) The Planning and Zoning Commission shall consider newly developed materials in light of subsections (i)‐(iii), above, and make a determination about appropriateness. (v) Indigenous natural or earth tones such as brown, tan, grey, green, blue, or red in muted, flat colors with an LRV (Light Reflective Value) of sixty (60) or less are required. (vi) The following colors are prohibited: neon, day‐glow, fluorescent, reflective, and non‐ earth tones. (vii) All flues, flashing, and other reflective materials shall be painted to match and/or appropriately contrast with adjacent materials. Mixed Use and Non‐Residential Standards (f) Color. Materials and finishes should be composed to provide balanced designs that are appropriate to each style and context. In general, large areas of bright colors should be avoided, although strong accent colors can be successfully used. The PZC and Town Council shall use the following review criteria as the basis for decisions on the Application: §7.16.080(f), Development Plan (1) Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; (2) Evidence of substantial compliance with the §7.16.090, Design Review. (3) Consistency with 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; (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 (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. §7.16.090(f), Design Review The Annex Building Color Change Appeal April 8, 2014 Town Council Page 5 of 5 (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. §7.16.120(d), Alternative Equivalent Compliance (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. Available Council Actions Pursuant to §7.16.160(e), Appeal Decision, the Town Council shall conduct a Public Hearing and follow one the following actions: 1. Confirm the PZC decision and not approve the “Monterey White” color. 2. Modify the PZC decision on the “Monterey White” with conditions determined necessary to achieve compliance with the review criteria. 3. Reverse the PZC decision and approve the “Monterey White” color applied to the Annex Building through the approval of the Minor Design and Development and AEC applications. Attachments A. Proposed Application presented to the PZC: including Color Samples, Photos of the paint samples, and AEC request from the Applicant; B. Appeal Letter C. September 24, 2013 Town Council meeting minutes Date: July 30, 2013 Subject: Color Modification for Avon Properties Part I: Written Description of “color modification” for the Benchmark Shopping Center, Annex and Christy Sports buildings: Benchmark Shopping Center -Base color: Mexicana 2172-30 -Trim color: Branchport Brown HC-72 -Accent on ceiling and walkways: Monterey White HC-27 Annex -Base color: Monterey White HC-27 -Trim and accent color: Buckingham Gardens 545 -Roof color: Branchport Brown HC-72 Christy Sports -Trim and accent color: Branchport Brown HC-72 Part II: Response to Review Criteria (d) Review Criteria. The review authority shall use the following review criteria as the basis for a decision on an application for alternative equivalent compliance: (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. Attachment A Response: Hoffmann Commercial Real Estate has identified areas in its existing “Avon Real Estate Portfolio” where drastic improvement must be made. One of the areas identified is the repainting of its properties with a more cohesive color palette. We have utilized professional, local expertize via Worth Interiors to establish a color scheme that is consistent with Avon’s look, feel and core values. The color “Monterey White HC-27” is crucial in accomplishing our goals and we are thus requesting a waiver of the required Light Reflective Value of 60 to allow a LRV of 77.32 represented by the Monterey White. Best regards, Greg Hoffmann Principal Attachment A Benjamin Moore “Mexicana” (2172-30) – LRV: 11.9 Benjamin Moore “Branchport Brown” (HC-72) – LRV: 7.58 Attachment A Benjamin Moore “Buckingham Gardens” (545) – LRV: 30.2 “White” Color options 1. Benjamin Moore “Monterey White” (HC-27) – LRV: 77.32 2. Benjamin Moore “Manchester Tan” (HC-81) – LRV 63.69 Attachment A 3. Benjamin Moore “White Sand” (OC-10) – LRV 68.11 Attachment A Attachment A Attachment A Attachment A Attachment A At t a c h m e n t B Attachment C Attachment C TOWN COUNCIL REPORT T o: Honorable Mayor Rich Carroll and Avon Town Council From: Justin Hildreth, P.E., Town Engineer Jim Horsley, Engineer II Date: April 3, 2014 Re: Authorization to Issue Notice of Award for 2014 Street Improvements Project SUMMARY: The 2014 Street Improvements Project consists of milling, repair, and asphalt overlay of Avon Road between Highway 6 and Nottingham Road. The Project includes replacement of concrete sidewalk ramps to achieve ADA compliance, repair of select sections of curb and gutter, and replacement of concrete sidewalk. DISCUSSION: The Project includes (4) Bid Alternates that are recommended for approval: 1. (11) adjacent Concrete Ramps to achieve ADA compliance 2. 410 SF adjacent Concrete Median Sidewalk to achieve ADA compliance 3. (3) adjacent Concrete Sidewalk Ramps in poor condition 4. Upgraded Avon Road Pedestrian Crosswalk Staff advertised the 2014 Street Improvements Project for (3) weeks and the Bid Opening was held on March 28, 2014. Two bids were received and the low bidder was Elam Construction, Inc. with a base bid of $657,805. Bid alternates totaled $64,490 bringing the grand total to $722,295, which are within the approved budget ($763,760), as adopted in the Town of Avon 2014 Capital Projects Fund. Construction Schedule: The proposed work is anticipated to begin in early May and be completed by June 7th before the Ride the Rockies Bike Event. The 2014 Street Improvements Project will restrict access or require temporary closures during construction. Staff granted approval during the bidding process to perform work at night to minimize impacts. Outreach to citizens, businesses, and emergency services will be coordinated by Staff and the selected Contractor. 2014 Street Improvements Project April 3, 2014, 2013 Page 2 of 2 FINANCIAL IMPLICATIONS: The Contract for the 2014 Street Improvements Project will be funded from the 2014 Street Improvements Capital Budget of $763,760. The Project budget estimate is shown in Table 1 below and includes 3% contingency. Table 1: 2014 Street Improvements Project Budget Estimate Line Item Amount Construction Base Bid Cost $ 657,805 Construction Bid Alternate Cost $ 64,490 Civil and Geotechnical Engineering $ 15,000 Subtotal $ 737,295 Contingency 3% $ 22,119 Total Estimated Project Costs $ 759,414 Available Funds Budget $ 763,760 RECOMMENDATION: Staff requests Council authorization to award the 2014 Street Improvements Project Contract, including Bid Alternates, to the low bidder Elam Construction, Inc. in the amount of $722,295. Attachments: Exhibit A – Notice of Award NOTICE OF AWARD TO: (Contractor) (Address) PROJECT DESCRIPTION: Town of Avon – 2014 Street Improvements Project The Town of Avon, Colorado has considered the BID submitted by you for the above described Work in response to its Advertisement for Bid, dated ____________ and Instructions to Bidders. You are here by notified that your BID has been accepted for the Town of Avon – 2014 Street Improvements Project in the amount of ______________________. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Contractor’s PERFORMANCE BOND, LABOR AND MATERIALS BOND, and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said BONDS within ten (10) calendar days from the date of this Notice, the Town of Avon, Colorado, will be entitled to consider all your rights arising out of acceptance of your BID as abandoned. The Town of Avon, Colorado will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the Town of Avon, Colorado. Dated this _____day of, ___2014. Town of Avon, Colorado Owner By: Title: Receipt of the above NOTICE OF AWARD is hereby acknowledged by ___________________ _________________________, this the ________ day of ______________, 2014. By: _________________________________ Title: _______________________________ NA-1 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 FROM: Eric J. Heil, Town Attorney RE: Ordinance No. 14-04 Amending Special Events Permit Procedures DATE: April 1, 2014 Summary: Ordinance No. 14-04 amends the Avon Municipal Code Section 5.08.170 to update the reference to the State code for Liquors – Special Events Permits and to adopt the local authority election to issue special events permits without prior state review and approval. The Colorado statutes were amended in 2011 to allow for local election to issue special events permits. Election by the Local Licensing Authority to issue special events permits improves the efficiency and timeframe for approving special events permits because a dual State and Local review and approval process is not required. The existing language in Avon Municipal Code Section 5.08.170 is outdated and there is no longer a Colorado Revised Statute §12-47-120.5. This language is deleted and replaced by the new language in Ordinance No. 14-04. Existing Language to be Deleted: 5.08.170 Special event permits – procedure. Pursuant to the terms and conditions of Section 12-47-120.5, C.R.S. 1973, as amended, the Local Liquor Licensing Authority may grant licenses to nonprofit arts organizations. Council approved Ordinance No. 14-04 on First Reading on March 25, 2014 and set a public hearing for April 8, 2014. Council is required to conduct a public hearing prior to considering an ordinance on second and final reading pursuant to the Avon Home Rule Charter. The only change to the Ordinance as presented on Second Reading is the addition of the 5th WHEREAS which acknowledges that Council held a public hearing on April 8, 2014 as required by the Avon Home Rule Charter. Requested Action: Conduct a public hearing and consider Ordinance No. 14-04 on second and final reading. Proposed Motion: “I move to approve the second and final reading of ORDINANCE NO. 14-04 AN ORDINANCE AMENDING SECTION 5.08.170 OF THE AVON MUNICIPAL CODE TO ADOPT SPECIAL EVENT PERMIT PROCEDURES” Thank you, Eric ATTACHMENT A: Ordinance No. 14-04 M EMORANDUM & PLANNING, LLC Ord 14-04 Amending Section 5.08.170 Special Event Permits Ord 14-04 Amending Section 5.08.170 Special Event Permits FINAL Adopted April 8, 2014 Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE NO. 14-04 SERIES OF 2014 AN ORDINANCE AMENDING SECTION 5.08.170 OF THE AVON MUNICIPAL CODE TO ADOPT SPECIAL EVENT PERMIT PROCEDURES WHEREAS, the Colorado General Assembly has adopted Senate Bill 11-066, effective August 10, 2011, and which allows local licensing authorities to assume sole authority to approve or deny applications for special event permits to serve alcohol; WHEREAS, the Town Council desires to elect local control over special event permitting as allowed by Senate Bill 11-066; WHEREAS, the Town of Avon has adopted home rule authority and the Avon Town Council finds that the imposition of restitution is a matter of local concern; WHEREAS, it is the Town Council finds that amendment to Section 5.08.170 of the Avon Municipal Code will promote the health, safety and welfare of the Avon community; WHEREAS, the Town Council conducted a public hearing on April 8, 2014 in accordance with Section 6.5 of the Avon Home Rule Charter; 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 Municipal Code and 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 the proposed amendment to the Avon Municipal Code. 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 Avon Municipal Code Section 5.08.170. Section 5.08.170 Special events permits - procedure. of the Avon Municipal Code is repealed in its entirety and reenacted to read as follows: 5.08.170 Special events permits – procedure. (a) The procedures and requirements for special events permits in C.R.S. § 12-48-101 et. seq. as enacted and elected in this Section 5.08.170 shall apply to special event permit applications. (b) Pursuant to C.R.S. § 12-48-107(5)(a), the Local Licensing Authority elects not to notify the state licensing authority to obtain the state licensing authority’s approval or disapproval of applications for special event permits. The Local Licensing Authority shall report to the Colorado liquor enforcement division within ten (10) days after issuing a special event permit the following information: (1) the name of the organization to which the permit was issued, (2) ATTACHMENT A Ord 14-04 Amending Section 5.08.170 Special Event Permits Ord 14-04 Amending Section 5.08.170 Special Event Permits FINAL Adopted April 8, 2014 Page 2 of 3 the address of the permitted location, and (3) the permitted dates of alcohol beverage service. (c) Upon receipt of an application for a special event permit, the Local Licensing Authority shall, as required by C.R.S. § 12-48-107(5)(c), access information made available on the state licensing authority’s website to determine the statewide permitting activity of the organization applying for the permit. The Local Licensing Authority shall consider compliance with the provisions of C.R.S. § 12- 48-105(3), which restricts the special event permits issued to any organization to no more than fifteen days in one calendar year, before approving any application. (d) Each application for a special event permit shall be accompanied by an application fee in an amount equal to the maximum local licensing fee established by C.R.S. § 12-48-107(2). Section 3. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. 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 5. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. 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 7. 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 ATTACHMENT A Ord 14-04 Amending Section 5.08.170 Special Event Permits Ord 14-04 Amending Section 5.08.170 Special Event Permits FINAL Adopted April 8, 2014 Page 3 of 3 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 8. 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 in at least three 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. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for April 8, 2014 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on March 25, 2014. ____________________________ 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 six days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Patty McKenny, Town Clerk Eric J. Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on April 8, 2014. ____________________________ 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: _______________________________ Debbie Hoppe, Deputy Town Clerk ATTACHMENT A Ord 14-04 Amending Section 5.08.170 Special Event Permits Ord 14-04 Amending Section 5.08.170 Special Event Permits FINAL Adopted April 8, 2014 Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE NO. 14-04 SERIES OF 2014 AN ORDINANCE AMENDING SECTION 5.08.170 OF THE AVON MUNICIPAL CODE TO ADOPT SPECIAL EVENT PERMIT PROCEDURES WHEREAS, the Colorado General Assembly has adopted Senate Bill 11-066, effective August 10, 2011, and which allows local licensing authorities to assume sole authority to approve or deny applications for special event permits to serve alcohol; WHEREAS, the Town Council desires to elect local control over special event permitting as allowed by Senate Bill 11-066; WHEREAS, the Town of Avon has adopted home rule authority and the Avon Town Council finds that the imposition of restitution is a matter of local concern; WHEREAS, it is the Town Council finds that amendment to Section 5.08.170 of the Avon Municipal Code will promote the health, safety and welfare of the Avon community; WHEREAS, the Town Council conducted a public hearing on April 8, 2014 in accordance with Section 6.5 of the Avon Home Rule Charter; 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 Municipal Code and 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 the proposed amendment to the Avon Municipal Code. 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 Avon Municipal Code Section 5.08.170. Section 5.08.170 Special events permits - procedure. of the Avon Municipal Code is repealed in its entirety and reenacted to read as follows: 5.08.170 Special events permits – procedure. (a) The procedures and requirements for special events permits in C.R.S. § 12-48-101 et. seq. as enacted and elected in this Section 5.08.170 shall apply to special event permit applications. (b) Pursuant to C.R.S. § 12-48-107(5)(a), the Local Licensing Authority elects not to notify the state licensing authority to obtain the state licensing authority’s approval or disapproval of applications for special event permits. The Local Licensing Authority shall report to the Colorado liquor enforcement division within ten (10) days after issuing a special event permit the following information: (1) the name of the organization to which the permit was issued, (2) Ord 14-04 Amending Section 5.08.170 Special Event Permits Ord 14-04 Amending Section 5.08.170 Special Event Permits FINAL Adopted April 8, 2014 Page 2 of 3 the address of the permitted location, and (3) the permitted dates of alcohol beverage service. (c) Upon receipt of an application for a special event permit, the Local Licensing Authority shall, as required by C.R.S. § 12-48-107(5)(c), access information made available on the state licensing authority’s website to determine the statewide permitting activity of the organization applying for the permit. The Local Licensing Authority shall consider compliance with the provisions of C.R.S. § 12- 48-105(3), which restricts the special event permits issued to any organization to no more than fifteen days in one calendar year, before approving any application. (d) Each application for a special event permit shall be accompanied by an application fee in an amount equal to the maximum local licensing fee established by C.R.S. § 12-48-107(2). Section 3. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. 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 5. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. 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 7. 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 Ord 14-04 Amending Section 5.08.170 Special Event Permits Ord 14-04 Amending Section 5.08.170 Special Event Permits FINAL Adopted April 8, 2014 Page 3 of 3 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 8. 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 in at least three 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. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for April 8, 2014 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on March 25, 2014. ____________________________ 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 six days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Patty McKenny, Town Clerk Eric J. Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on April 8, 2014. ____________________________ 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: _______________________________ Debbie Hoppe, Deputy Town Clerk 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 FROM: Eric J. Heil, Town Attorney RE: Town Attorney Annual Performance Review DATE: March 30, 2014 This memorandum presents a draft Annual Town Attorney review process for Councils consideration. The draft annual review process proposes completing the review in October of each year to allow the current sitting Council members to perform the review before Council turn-over on election years. The current Agreement for Legal Services states that I will provide at least four months notice prior to proposing a rate increase. This annual review suggests that consideration of rate increases effective for the next calendar year are addressed in the annual review, which may then be incorporated into the annual budget process. The annual review is intended to serve as a guide and a tool for Council to effectively evaluate the Town Attorney’s performance and to promote improvement in such performance year over year. The Town Attorney Annual Review is not intended, and shall not, alter the Town Council’s right to terminate the Agreement for Legal Services with Heil Law & Planning, LLC at any time without cause or reason. The Draft Town Attorney Annual Review guideline is set forth on the next page. Thanks, Eric M EMORANDUM & PLANNING, LLC Avon Town Council Draft Town Attorney Annual Review March 30, 2014 Page 2 of 2 DRAFT ANNUAL TOWN ATTORNEY PERFORMANCE REVIEW PROCESS: PROCESS: The Town Attorney Annual Review (“Annual Review”) process shall be based upon review of goals established in the prior annual review and review of any new matters during the year under review. The Annual Review materials for Council shall include (1) a self-evaluation prepared by the Town Attorney, (2) a confidential evaluation prepared by the Town Manager, and (3) confidential evaluations prepared by the Department Directors. Council may also solicit confidential comments from other persons, organizations and entities with whom the Town has interacted on behalf of the Town. Council may use any method it determines is appropriate for evaluations, including on-line electronic survey services. The Town Council may meet in executive session with or without the Town Attorney to discuss the Annual Review materials and determine a draft Annual Review to provide to the Town Attorney. The draft Annual Review may include (1) an assessment of meeting goals and objectives set forth in the prior Annual Review, (2) establish goals and objectives for the next calendar year, (3) a determination of any adjustment to the billing rate, (4) a statement of expectations regarding any adjustment to the billing rate for the next year, and (5) any other matters that Council determines is appropriate to include in the Annual Review. The Town Council may then meet in executive session with the Town Attorney to review the draft Annual Review. Council shall strive to prepare the draft Annual Review and meet with the Town Attorney at the first Council meeting October and shall strive to complete the Annual Review by the end of October. EVALUATION CRITERIA: The following evaluation criteria may be used by Council. Council may also consider any other evaluation criteria it determines is appropriate. The proposed evaluation criteria is brief because the Annual Review typically includes a more detailed list of specific goals and objectives. All evaluation criteria shall be interpreted to comply with the Avon Home Rule Charter, including the Avon Town Council’s authority to retain other legal counsel and determine the scope of representation of such other legal counsel. Knowledge of Law: Town Attorney shall demonstrate a professional understanding of legal issues relevant to the Town of Avon. Where certain legal matters involve specialized expertise, Town Attorney shall promptly communicate the need to the Town Manager and/or Council to obtain representation from appropriate outside legal counsel. Town Attorney shall monitor new legislation and new case law which affects general municipal law in Colorado and which affects pending legal matters in the Town of Avon. Performance as General Counsel: The Town Attorney shall serve as general legal counsel for the Town of Avon and shall be responsible for monitoring deadlines, taking action to delegate such responsibility to appropriate outside legal counsel, and monitoring performance by other legal counsel retained by the Town, subject to approval and direction provided by Council. Work Product: The Town Attorney shall provide high quality legal work product on a timely basis. Professionalism: The Town Attorney shall at all times exhibit the highest level of professionalism in working with Council, Town Staff, the general public, other attorneys and any other party in the course of performing the Town Attorney duties on behalf of the Town. 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 FROM: Eric J. Heil, Town Attorney RE: Village (at Avon) Settlement Update DATE: April 3, 2014 SUMMARY: This memorandum provides an update on the Village (at Avon) Settlement. BOND DOCUMENTS: The Notice of Bond Redemption was not sent on March 28, 2014, therefore, the next potential bond closing and settlement finalization will be June 1, 2014. I understand that the reason for not sending the Notice of Bond Redemption and proceeding with the bond closing schedule as previously provided was that there are unresolved issues between Traer Creek and BNP Paribas. OTHER DOCUMENTS: Parties have been working on finalizing other documents, including the Easement Agreement for the water storage tank project, various Consent and Subordination Agreements with lenders, and amendments to the Receipt and Closing Escrow Agreement to reflect changes to the final settlement documents. EXTENSION OF OUTSIDE DATE: BNP Paribas has not yet signed the Outside Date Extension Notice; however, all parties are still working towards settlement. The Council previously approved an extension of the Outside Date to April 11, 2014. Council is requested to consider further approving a further extension of the Outside Date to June 15, 2015 or the end of July. Technically, the Receipt and Closing Escrow Agreement is no longer in effect because the Outside Date has occurred; however, to the extent that all parties are still working towards settlement it is helpful to have Council’s approval for an additional extension of the Receipt and Closing Escrow Agreement in the event that the other parties agree to re- active the Receipt and Closing Escrow Agreement. ASPHALT OVERLAY PAYMENTS: I have requested a minor amendment to the Development Agreement to commence asphalt overlay payments in 2015 rather than 2014 on behalf of the Town and at the Town Manager’s request. The benefit to the Town is budgeting and cash flow considering the potential mid-year closing of the settlement. The approval of the Development Agreement allowed Town staff to make corrections of dates. Traer Creek and Traer Creek Metropolitan District have indicated that they desire to push back the commencement of asphalt overlay payments to 2015. BNP Paribas has not indicated whether they agree with this request. COURT STATUS CONFERENCE: The next Telephone Status Conference with the Court is set for April 11, 2014 at 10:00 a.m. The case has been assigned to Judge Russell H. Granger. REQUESTED ACTION: Consideration of an additional extension of the Outside Date. Thank you, Eric M EMORANDUM & PLANNING, LLC TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY MARCH 25, 2014 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 03-25-2014 Minutes Page 1 1. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 3:30 PM. A roll call was taken and Council members present were Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, Buz Reynolds, and Jake Wolf. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, and Assistant Town Manager/Town Clerk Patty McKenny. 2. APPROVAL OF AGENDA 2.1. Proclamation for Patty McKenny Years of Service The proclamation was approved unanimously by those present (Mayor Pro Tem Goulding absent). 3. PUBLIC COMMENT Barbara Allen spoke about traffic on Highway 6 and sale of retail marijuana. 4. PRESENTATION 4.1. Presentation of Certificate of Achievement for Excellence in Financial Reporting to Finance Director Scott Wright and Department Staff (Mayor Rich Carroll) 5. PROCLAMATIONS 5.1. Proclamation designating April 1, 2014, as National Service Recognition Day (Seth Erlich, SOS Outreach) The proclamation was approved unanimously by those present (Mayor Pro Tem Goulding absent). 5.2. Proclamation supporting the One Book One Valley Program and promoting the novel “Finders Keepers” as this year’s book to read and enjoy (Lori Barnes, Vail Library) The proclamation was approved unanimously by those present (Mayor Pro Tem Goulding absent). 6. ACTION ITEMS 6.1. Public Hearing on Resolution 14-02, Series of 2014, Resolution approving the Minervini Minor PUD Amendment for Lots 15 and 16, Block 4, Wildridge, Town of Avon, Colorado (Planning Manager Matt Pielsticker) Mayor Carroll opened the public hearing, no comments were made, the hearing was closed. Councilor Reynolds moved to continue Resolution 14-02, Series of 2014, Resolution approving the Minervini Minor PUD Amendment for Lots 15 and 16, Block 4, Wildridge, Town of Avon, Colorado. Councilor Evans seconded the motion and it passed unanimously by those present (Mayor Pro Tem Goulding absent). 6.2. Presentation of highline’s Phase 3 Special Events Proposal for the 2014 Production and Public- Private Partnership of Flavors of Colorado and World Music Fest (Director of Economic Initiatives Susan Fairweather) Councilor Wolf moved to appropriate from 2014 General Fund Assigned Fund Balances for Special Events through a formal budget amendment, $108,425 to Highline Entertainment for the production of Flavors of Colorado on August 15- 17, 2014. An additional $12,000 is allocated, for unforeseen production costs, if needed, to be reviewed and approved by the Town Manager. In-kind support up to $15,000 is approved. The funding is subject to an agreement being finalized and signed by the Town Manager and Highline TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY MARCH 25, 2014 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 03-25-2014 Minutes Page 2 Entertainment for production, including but not limited to all planning and producer performance dates, insurance, indemnification, deposits, marketing plan, security and law enforcement , demographic data collection and other metrics as may be determined, and reporting requirements. Councilor Evans seconded the motion and it passed unanimously by those present (Mayor Pro Tem Goulding absent). 7. WORK SESSION 7.1. Transit - Future Planning in Preparation for the April 23rd ECO Retreat (Transit Superintendent Jane Burden) 7.2. Avon Road Improvements & Estimated Budget Update (Pedro Campos, Zehren Associates & Town Engineer Justin Hildreth) Phil Struve, PZC member, provided input on this topic. 8. ACTION ITEMS 8.1. Ordinance No. 14-04, Series of 2014, Ordinance Amending Section 5.08.170 of the Avon Municipal Code to Adopt Special Event Permit Procedures (Town Attorney Eric Heil) Councilor Wolf moved to approve Ordinance No. 14-04; Councilor Dantas seconded the motion and it passed unanimously by those present (Mayor Pro Tem Goulding absent). 8.2. Resolution 14-06, Series of 2014, Resolution Adopting a Policy to Use Action Minutes (Town Attorney Eric Heil) Councilor Evans moved to approve Resolution No. 14-06; Councilor Wolf seconded the motion and it passed unanimously by those present (Mayor Pro Tem Goulding absent). 8.3.Performance Criteria and Process for Town Manager’s Annual Review (Town Manager Virginia Egger) Councilor Fancher moved to authorize the mayor to sign the memo of understanding with changes as discussed. Councilor Dantas seconded the motion and it passed unanimously by those present (Mayor Pro Tem Goulding absent). 8.4. Minutes from March 11, 2014 Meeting (Town Clerk Patty McKenny) Councilor Evans moved to approve the minutes; Councilor Wolf seconded the motion and it passed unanimously by those present (Mayor Pro Tem Goulding absent). 9. WRITTEN REPORTS 9.1. Financial Report 9.2. S&P Rating Letter & Report 9.3. Village (at Avon) Update – (Town Attorney Eric Heil) TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY MARCH 25, 2014 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 03-25-2014 Minutes Page 3 There being no further business to come before the Council, the regular meeting adjourned at 8:30 pm. RESPECTFULLY SUBMITTED: _________________________________ Patty McKenny, Town Clerk APPROVED: Rich Carroll ________________________________ Dave Dantas ________________________________ Chris Evans ________________________________ Jennie Fancher ________________________________ Todd Goulding ________________________________ Albert “Buz” Reynolds ________________________________ Jake Wolf ________________________________