The URL can be used to link to this page

TC Council Packet 04-28-2015 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 28, 2015 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:10 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICERS MAYOR JENNIE FANCHER MAYOR PRO TEM JAKE WOLF COUNCILORS MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3) REGULAR MEETING BEGINS AT 5:10 PM 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT –COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. ACTION ITEMS 4.1. INTERVIEWS AND APPOINTMENTS OF FIVE (5) PZC MEMBERS FOR VARIOUS TERMS (PLANNING MANAGER MATT PIELSTICKER) 4.2. PUBLIC HEARING SECOND READING OF ORDINANCE NO. 15-03, SERIES OF 2015, AN ORDINANCE AMENDING THE AVON COMPREHENSIVE PLAN AND REZONING LOT 1A, BUCK CREEK PUD TO THE MIXED-COMMERCIAL ZONE DISTRICT (PLANNING MANAGER MATT PIELSTICKER) 4.3. PUBLIC HEARING SECOND READING OF ORDINANCE NO. 15-04, SERIES OF 2015, AN ORDINANCE AMENDING THE AVON COMPREHENSIVE PLAN AND REZONING LOT 1B, BUCK CREEK PUD TO THE PUBLIC FACILITIES ZONE DISTRICT (PLANNING MANAGER MATT PIELSTICKER) 4.4. CONTINUED PUBLIC HEARING ON RESOLUTION NO. 15-04, APPROVING A MINOR PUD AMENDMENT FOR LOTS 38 & 39, BLOCK 4, WILDRIDGE SUBDIVISION (TOWN PLANNER BRIAN GARNER) 4.5. RESOLUTION 15-09, AMENDING THE 2015 GENERAL, WATER, DEBT SERVICE, FLEET MAINTENANCE AND TRANSIT FUND BUDGETS (BUDGET ANALYST KELLY HUITT) 4.6. RESOLUTION NO. 15-10, AMENDING THE 2015 CAPITAL PROJECTS FUND BUDGET (BUDGET ANALYST KELLY HUITT) 4.7. ACTION ON NOTICE OF AWARD, 2015 AVON ROAD LANDSCAPE PROJECT (TOWN ENGINEER JUSTIN HILDRETH) 4.8. ACTION ON NOTICE OF AWARD, 2015 SLURRY SEAL PROJECTS (TOWN ENGINEER JUSTIN HILDRETH) 4.9. ACTION ON AN INTERGOVERNMENTAL AGREEMENT WITH THE EAGLE RIVER FIRE PROTECTION DISTRICT FOR A FUNDING PARTNERSHIP IN ACQUIRING LOT 1B FOR A JOINT POLICE AND FIRE PUBLIC SAFETY CENTER AND PROCESS FOR DESIGN, COST ESTIMATING, BIDDING AND CONSTRUCTION MANAGEMENT OF THE CENTER (TOWN ATTORNEY ERIC HEIL) 4.10. MINUTES FROM APRIL 21, 2015 MEETING (TOWN CLERK DEBBIE HOPPE) _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY. Page 1 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 28, 2015 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:10 PM AVON TOWN HALL, ONE LAKE STREET 5. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 5.1. COLORADO CREATIVE INDUSTRIES (CCI) SUMMIT (MAYOR PRO TEM JAKE WOLF) 5.2. EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY (ECRTA) BOARD UPDATE (MAYOR PRO TEM JAKE WOLF) 6. MAYOR & COUNCIL COMMENTS 7. WRITTEN REPORTS 7.1. MONTHLY FINANCIALS (BUDGET ANALYST KELLY HUITT) 7.2. RECOMMENDATION TO SOLICIT A THIRD PARTY MANAGEMENT COMPANY FOR THE AVON PERFORMANCE PAVILION (FESTIVAL & SPECIAL EVENTS DIRECTOR DANITA DEMPSEY) 8. EXECUTIVE SESSION, IF NEEDED (THIS SESSION IS NOT OPEN TO THE PUBLIC) 8.1. EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSION OF A PERSONNEL MATTER UNDER C.R.S. §24-6-402(2)(F) CONCERNING THE TOWN MANAGER AND FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6-402(2)(A) RELATED TO SUCH PERSONNEL MATTER 9. ADJOURNMENT _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY. Page 2 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 28, 2015 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:10 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICERS CHAIRMAN JENNIE FANCHER VICE CHAIRMAN JAKE WOLF BOARD MEMBERS MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. APPLICANT NAME: BEAVER CREEK RESORT COMPANY OF COLORADO EVENT NAME: BEAVER CREEK RODEO SERIES EVENT DATES: JUNE 25, JULY 1, 8, 15, 22 & 29, AUGUST 6 & 13, 2015; 4:00 PM UNTIL 10:00 PM LOCATION: TRAER CREEK LOT 1 EVENT MANAGER: ANNA ROBINSON PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR 5. RENEWAL OF LIQUOR LICENSES 5.1. APPLICANT: EAST WEST RESORTS, LLC & AVON RIVERFRONT, LLC D/B/A WESTIN RIVERFRONT RESORT & SPA & MAYA LOCATION: 126 RIVERFRONT LANE TYPE: RESORT COMPLEX LICENSE MANAGER: JOHN EVANS 5.2. APPLICANT: BENCHMARK LIQUORS INC. D/B/A BEAVER LIQUORS LOCATION: 110 E. BEAVER CREEK BLVD. TYPE: RETAIL LIQUOR STORE LICENSE MANAGER: DAVID COURTNEY 6. MINUTES FROM APRIL 21, 2015 7. ADJOURNMENT _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY. Page 3 PZC Appointments April 28, 2015 Town Council Meeting Page 1 of 5 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Manager Date: April 22, 2015 Agenda Topic: Planning and Zoning Commission Appointments Summary The Community Development Department received seven (7) applications for five (5) open positions on the Avon Planning and Zoning Commission (“PZC”). The positions are set to expire on May 1, 2015. There will be three (3) two year terms and two (2) one year terms assigned. Appointment of members to the PZC is included on the April 28, 2015 Regular Town Council meeting agenda. Below is a summary of the positions expiring and the continuing members: Expiring Terms (5/1/15 Term Expiration) *Jim Clancy Beaver Creek Resort / Avon Resident *Tab Bonidy Architect, Tab & Associates / Avon Resident *Lindsay Hardy Real Estate / Avon Resident *Members with expiring terms that have re-applied Continuing Members (with 5/1/16 Term Expiration) John Minervini Retired / Avon Resident Phil Struve Retired / Avon Resident Vacated Seats (with 5/1/16 Term Expiration) Scott Prince Elected to Town Council David Baum Relocated out of State Background The role of the PZC is to review and recommend to the Town Council desirable or necessary modifications to the zoning ordinance, subdivision regulations, and to review and approve design review procedures and criteria as they relate to the zoning ordinance. The PZC acts as the Design Review Board of the Town and performs all duties and exercises related thereto. Making recommendations to Comprehensive Planning documents, updates to long range plans and special projects and assignments is another essential function of the PZC. Given the dual role in dealing with both zoning and design review authority for the Town, the Avon Municipal Code recognizes that a balance in membership is necessary between the lay community and industry professionals. PZC Appointments April 28, 2015 Town Council Meeting Page 2 of 5 Municipal Code Requirements – Attachment A The Avon Municipal Code (‘AMC”) requires that at least five (5) members shall be registered electors of the Town at the time of their appointment. The AMC also recommends that a minimum of two (2) to three (3) industry professionals hold positions at all times, and that two (2) of these professionals be architects, landscape architects or designers. After consideration has been given first to industry professionals, the AMC states that Council should then consider the following criteria in descending order: 1. Registered electors of the Town shall be preferred over persons who are not registered electors. 2. Persons having special skills and experience of particular value to the Commission should be preferred over persons who do not. Applicants – Attachment B As of Tuesday, April 23, 2015, the Town received seven (7) applications for the open seats, three of whom are current members of the Board. The cover letters/resumes for those applying are attached to this report for your review as Attachment B. During the Regular Meeting on April 28, 2015, the agenda includes time to interview each applicant. The interview order is as follows: 1. Jim Clancy (current PZC Chairman) 2. Tab Bonidy (current PZC member) 3. Lindsay Hardy (current PZC member) 4. Jared Barnes 5. Chris Lubbers 6. Courtney Gregory 7. William Glaner Staff Recommendation Staff recommends the Council seek insight into each applicant’s interests and added value carrying out work in the following areas of work in the next two years:  Comprehensive Plan Update  Multi-modal Planning  Community Survey  Walkability  Design Review/Zoning After interviews, Council will vote (open or closed) on the five appointments. Since two of the seats are one (1) year vacancies it is fair to ask each applicant, if they were selected, whether there is interest in one (1) year versus two (2) term. Attachments A – Avon Municipal Code §7.12.040, Planning and Zoning Commission B – Cover Letters/Resumes Attachment A 7.12.040 Planning and Zoning Commission. (a) Establishment and Purpose. There is hereby established a Planning and Zoning Commission of the Town. The purposes of the Planning and Zoning Commission (PZC) are as follows: (1) To implement the goals and policies of the Avon Comprehensive Plan; (2) To guide and accomplish a coordinated, adjusted and harmonious development of the Town and its environs, that will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity, quality of life and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire, floodwaters and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds and the adequate provision of public utilities and other public requirements; (3) To promote health and general welfare; to provide adequate light and air; to prevent the overcrowding or inefficient use of land; to avoid undue concentration or dispersal of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; (4) To preserve the natural beauty of the Town's site and setting; to prevent indiscriminate clearing of property, removal of trees and earthmoving; and to attain the objectives set out in the Development Code through design review of the exterior design of all new structures and property development and additions to all existing structures and property development. (5) The PZC shall serve as a design review board for the Town. The purposes of the PZC when acting as the design review board are as follows: (i) To ensure that the architectural design of vertical structures and their materials and colors conform with the Town's overall appearance, with surrounding development if appropriate, with natural and existing landforms, with the standards identified in the Development Code and with officially approved development plans, if any, for the areas in which the structures are proposed to be located; (ii) To ensure that the location and configuration of vertical structures, including signs and signage, are contextually appropriate to their sites and with surrounding sites and structures if appropriate and that the structures and signage conform to the requirements of the Development Code; (iii) To ensure that plans for the landscaping of property and open spaces conform with the rules and regulations as prescribed by the Town and to provide appropriate settings for vertical structures on the same site and on adjoining and nearby sites as determined by the Development Code; and (iv) To prevent excessive or unsightly grading of property that could cause disruption of natural watercourses or scar natural landforms. (b) Duties. The PZC shall have the following functions and duties: (1) Review development applications, amendments to the Avon Comprehensive Plan and amendments to this Development Code, provide recommendations to the Town Council and render decisions as such authority is indicated in this Chapter 7.12; PZC Appointments April 28, 2015 Town Council Meeting Page 3 of 5 (2) Upon request and direction by the Council, make and recommend plans for the physical development of the Town, including any areas outside its boundaries, subject to the approval of the legislative or governing body having jurisdiction thereof; (3) Upon request and direction of the Council, conduct research, prepare studies, review other matters which are related to the present conditions and future growth of the Town, and provide comments and recommendations thereon to the Council; and (4) Review and make recommendations to the Council about the design of proposed development, with due regard for design standards of this Development Code and other design criteria and guidelines adopted by the Town, code text amendments that address design review procedures and criteria and any design review guidelines for the Town relating to bulk and design regulations to be imposed or that establish design standards for specific uses, types of uses, parking standards, streetscapes or other similar items. (c) Membership. The PZC shall be composed of seven (7) members appointed by the Council. (d) Qualifications of Members. Registered electors residing in the County shall be eligible for appointment, but at least five (5) members shall be registered electors of the Town at the time of their appointment to the PZC. The composition of PZC shall strive to achieve a balance in the membership between the lay community and industry professionals (architects, landscape architects, designers, real estate developers and/or contractors) in order to efficiently and effectively perform the design review functions of the PZC. Appointments should be made first to maintain the balance between industry professionals and the lay community (it is recommended that a minimum of two [2] to three [3] industry professionals hold positions on the PZC at all times and that two [2] of these professionals be architects, landscape architects or designers). Registered electors of the Town should be preferred over persons who are not registered electors. Persons having special skills and experience of particular value to the PZC should be preferred over persons who do not. (e) Quorum. Four (4) members of the PZC shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number shall adjourn any meeting to a later time or date. In the absence of all members, any staff member shall adjourn any meeting to a later time or date. (f) Term. The term of office for a member shall be two (2) years on an overlapping tenure. A member of the PZC who ceases to possess the qualifications for office that the member possessed at the time of appointment may be permitted by the Council to serve until the end of the appointed term, provided that the PZC member continues to reside in the County. A member of the PZC may be removed by Council pursuant to Subsection (h), Removal from Office, below. (g) Vacancies. A vacancy on the PZC shall occur whenever a member of the PZC is removed by the Council, dies, becomes incapacitated and unable to perform the required duties for a period of ninety (90) days, resigns, ceases to be a registered elector of the County or is convicted of a felony. In the event a vacancy occurs, the Council shall appoint a successor to fill the vacancy and serve the remainder of the term of the former member. (h) Removal from Office. A member of the PZC may be removed for misconduct, conduct unbecoming of a Town official, violation of the Town's code of ethics, inefficiency or more than two (2) unexcused absences within a twelve-month period. Prior to removal, Council shall conduct a hearing and shall provide written notice to the PZC member stating the grounds for removal at least three (3) days prior to the hearing. (i) Officers. The PZC shall select its own chairperson, a vice chairperson and a secretary from among its members. The chair or, in the absence of the chair, the vice chair, shall be the presiding officer of its PZC Appointments April 28, 2015 Town Council Meeting Page 4 of 5 meeting. In the absence of both the chair and the vice chair from a meeting, the members present shall appoint a member to serve as acting chair at the meeting. (j) Compensation. All members of the PZC shall serve with compensation at a rate established annually by the Council and be reimbursed for all authorized personal expenses incurred while performing duties as a PZC member. (k) Staff. The Director shall serve as the staff of the PZC and shall provide for the service of a recording secretary who shall act in the capacity of secretary for the PZC for the purpose of receiving applications and other material for consideration for the PZC. (l) Rules and Regulations. The PZC shall operate in accordance with its own rules of procedure as provided for in Section 11.2 of the Town Charter; provided, however, that the PZC shall submit its proposed rules or any amendment to the rules to the Council, which by motion shall approve the rules or amendment and direct their adoption by the PZC or disapprove the proposal with directions for revision and resubmission. The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be subject to public inspection. The PZC may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations. (m) Meetings. The PZC shall meet in accordance with the rules of procedure governing the PZC and otherwise upon the call of the chairperson or, in the absence of the chair, by the vice chairperson. All meetings shall be held at the offices of the Town, unless otherwise specified, with adequate notice given to all interested parties. (n) Material to be submitted. The PZC shall adopt rules and regulations including procedures and schedules for applications requiring action by the PZC. (o) Agenda. The PZC may schedule the review of applications on the next available agenda when the next agenda is full and will likely result in an overly long meeting. (p) Authority to Retain Consultants. The PZC is authorized to retain the services of one (1) or more consultants, provided that funds have been appropriated by the Town for said purpose or paid as part of the application fee by the applicant, to advise and assist the PZC in performing the functions prescribed in this Section. The consultants may be retained to advise the Commission on a single project, on a number of projects or on a continuing basis. (Ord. 10-14 §3) PZC Appointments April 28, 2015 Town Council Meeting Page 5 of 5 H. James Clancy P.O. Box 1848, Edwards, CO 81632, 970-331-6076 hjclancy@comcast.net Professional Profile Dedicated ski industry professional with over 20 years of experience in resort operations and project management. Long-standing track record of excellent leadership within a diverse range of positions. Aspiring to continue building experience and continue delivery of resort excellence. Professional Experience Beaver Creek Resort, Public Safety and Resort Services 2014-Present Director Manage Public Safety, Parking, and Special Events operations in Beaver Creek, Bachelor Gulch, and Arrowhead. *Interface with community Associations and Metropolitan Districts ensuring all contractual obligations and service expectations are met. *Beaver Creek representative in multi agency 2015 Alpine World Ski Championships Security Committee. * Vail Resorts representative on Elkhorn Lodge and One Arrowhead Place Associations Board of Directors. *Generate and manage multiple operations and occupancy budgets. *Coordinate Beaver Creek Resort Company special events security requirements. *Ensure Resort standards are met by staff of over 180 employees across six departments. *Implement revised parking plan designed to improve guest experience and increase revenue. Beaver Creek Resort, Mountain Services 2013-2014 Senior Manager Oversight of Facility Maintenance department, Signs and Graphics department, and General Warehouse for Beaver Creek Resort and Red Sky Ranch Golf Club. * Manage operational and occupancy budgets for three departments and three facilities. * Ensure efficient work order implementation and proper execution of procurement and accounts payable processes. * Manage relationships and service agreements with vendors and outside contractors. * Interview and hire staff of 20 across three departments. * Manage relationships with facility managers ensuring effective operational support. * Assist operations teams with capital project planning and project management. * Complete Camp II leadership development program. Vail Resorts, Design Review Administration 2012-2013 Manager *Coordinate plan review process via presentation of staff reports and recommendations to Design Review Boards. * Manage active projects from design approval through construction completion. * Build positive relationships with associations, developers, architects, property owners and contractors to ensure understanding of design guidelines and construction regulations. Town of Avon, Colorado 2011-Present Planning and Zoning Commissioner Attachment B * Appointed Chairman May 2013 Attachment B Beaver Creek Resort, Mountain Operations 2010-2012 Carpenter Vail Resorts Development Company, Design & Construction Department Project Manager 2004-2009 Responsible for managing Vail Resorts capital projects from conceptual inception through planning, design, and construction. *Managed 39 projects with total budgets in excess of $22,000,000. *Prepared conceptual and pre-construction budgets and managed budgets throughout design and construction. Executed value-engineering process as required. *Wrote Requests for Proposals and analyzed proposals. Selected and hired architects, engineers, interior designers, and general contractors. Negotiated contract details. *Implemented all necessary permitting with building departments, health departments, water districts, and design review boards. *Managed schedules ensuring resort operations priorities would be met. *Performed feasibility and cost analysis for potential future projects. Bachelor Gulch Design Review Board Board Member 2006 - 2009 *Chairman of the Board – December 2007-January 2009. Beaver Creek Resort Ski Patroller 1997-2004, 2009-2012 *Accident Investigation Department Leader. *Race Patrol for Birds of Prey World Cup & World Championship Speed Events. *Race Patrol for 2002 Winter Olympics Speed Events at Snowbasin, Utah. *Obtained State of Colorado Explosives Permit. *Outdoor Emergency Care, Level I & II avalanche, and toboggan trainer. *Flight For Life - Rapid Avalanche Deployment Team, Avalanche Technician. Vail Resorts Development Company Design Review Board Inspector 2001-2003 *Performed DRB inspections on all construction projects in Beaver Creek, Bachelor Gulch, Arrowhead and Red Sky Ranch. *Performed plan reviews and wrote staff reports for four Design Review Boards. Eldora Mountain Resort Ski Patroller 1992-1997 *Patrol Foreman (1996-1997) with oversight of 20 professional and 75 volunteer staff. Education Master of Business Administration in Sustainability, San Francisco Institute of Architecture, April 2013 with Honors Construction Management Certificate, Colorado State University, Spring 2010 Green Building Certificate, Colorado State University, Fall 2009 Attachment B Emergency Medical Technician, SOLO School for Wilderness Medicine, 1992 Bachelor of Arts, St. Lawrence University, Canton, NY, 1991 Distinctions Patroller Of the Year, Beaver Creek Ski Patrol, 2000-2001 & 2010-2011 Employee Of The Month, Beaver Creek Resort, February 2000 Outstanding Professional Patroller, Eldora Mountain Resort, 1995-1996 Attachment B 1 Matt Pielsticker Subject:FW: RE from Tab: PZC Interest From: Tab Bonidy [mailto:tab@tabassociates.com] Sent: Friday, April 10, 2015 2:45 PM To: Matt Pielsticker Subject: RE from Tab: PZC Interest Matt, I am interested in renewing my position on the Planning and Zoning Commission. Thank you. Attachments: None TAB Associates, Inc. The Architectural Balance Tab Bonidy, NCARB 56 Edwards Village Blvd. Suite 210 Edwards, CO 81632 (970) 766-1470 x103 (970) 766-1471 fax tab@tabassociates.com www.tabassociates.com Attachment B Tab Bonidy General Summary: Responsible for and as office manager, project manager, contract negotiation, project architect, client contact, programming, design, presentation, working drawings, specifications, value engineering, shop drawing review, construction administration, computer management, CADD management and operation, customization, installation and training. Responsible for or as part of a team for the architecture of over $500 million worth of construction, lifetime. Professional Affiliations: Registered Architect, State of Colorado License number: 202008 - September 20, 1984 Registered Architect, State of North Carolina License Number: 9487 - July 23, 2003 Registered Architect, State of Montana License Number: 2595 - January 6, 2004 Registered Architect, State of South Carolina License Number: 7599 - August 2, 2007 NCARB Certified - 31,084 - December 28, 1984 Construction Specifications Institute (CSI) International Conference of Building Officials (ICBO) American Solar Energy Society (ASES) American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) Colorado Renewable Energy Society (CRES) Architectural Experience: TAB Associates, Inc. Avon, Colorado Position: President September 1997 to Present Vail Architecture group, Inc. Vail, Colorado Position: Founder / President / Principal September 1996 to September 1997 Zehren and Associates, Inc. Avon, Colorado Position: Architect / MIS Director / Senior Associate September 1993 to August 1996 environmental design specialists Avon, Colorado and Evergreen, Colorado Position: Owner September 1984 to August 1996 Pouw & Associates, Inc. Denver, Colorado Position: Architect / Director of CADD Operations February 1993 to August 1993 Ossian Swanson Bonidy Architects Englewood, Colorado Position: Architect / Production Principal September 1992 to January 1993 Hammel Green and Abrahamson, Inc. Denver, Colorado Position: Architect / Director of Production - Denver Office (closed September 1992) June 1992 – September 1992 Haller & Larson, Ltd. (H+L Architecture) Denver, Colorado Position: Architect / Director of CADD Operations September 1989 - May 1992 Moyes Associates Evergreen, Colorado Position: Architect / CADD Manager July 1984 - August 1989 Barry Sugarman, Architect North Miami, Florida Position: Project Architect November 1982 - March 1984 Filer, Hammond, Cruz and Associates, PA Coral Gables, Florida Position: Project Team Leader May 1979 - July 1981 Education: Arizona State University University of Miami Masters of Environmental Planning - August 6, 1982 Bachelor of Architecture - May 5, 1981 Attachment B LINDSAY L. HARDY 414 W Beaver Creek blvd. X1944 | Avon, Colorado, 81620 | 850.252.0742 | LindsayLHardy@gmail.com OBJECTIVE I am a passionate and highly motivated individual looking to continue my position with the Planning and Zoning Commission for the Town of Avon. I studied Architecture with an emphasis in Town Planning and New Urbanism. Our focus was always about the betterment of the community and the Individual lives within. I believe I would continue to make a great candidate and member of the Avon Planning & Zoning Commission; I have a great understanding and appreciation of past issues and projects, and I have a huge desire to reach out and greater understand the concerns and goals of local community members. I reach a different audience than most commissioners; I am a young single female living in this diverse and exciting valley. I believe the current council members would enjoy my Passion, Enthusiasm and Eagerness to learn and represent the town well. EDUCATION Associate Degree [2003-2005] Gulf Coast Community College • Major: General; Minor: History/Psychology Bachelor of Architecture [May 2010] University of Miami • Major: Architecture; Minor: History, Psychology & Urban Studies • Preservation Certificate • Planning Emphasis - Multiple courses taken with the M.U.D program (Masters of Urban Design) at UMiami. Many Suburb & Town Design classes and professor mentorship. SKILLS & ABILITIES [Graphics] • Photoshop, InDesign, SketchUp, AutoCad, Model Making, GIS, • Microsoft Word, Microsoft PowerPoint, Excel, Quickbooks [Communication] • Many Years Experience with Presentations, Supervisor Experience, as well as Leadership Roles. [Leadership] • Served as a Lifeguard & Supervisor for Six Years. Providing excellent organizational skills with intense people interactions & public relations fostering Guest and Lifeguard Satisfaction. Excellent experience with support in Team environments. EXPERIENCE & ACCOLADES [Architectural Intern] 2007 Collins & Associates • Responsible for AutoCAD work, Construction Documentation, Office Administration, as well as, Working and establishing a strong Team atmosphere. • Onsite Training with the Architectural Engineer and Contractors. • I often shadowed the Proprietor of the firm, learning the ins and outs of the office and the business side of the firm. [Architectural Intern/Full Time] 2012-2014 Vail Architecture Group - VAg • Responsible for Drawings, Redlines, Construction Schedules, Interior Designs, Office Administration, and Project Documentation. [Volunteer] Habitat for Humanity • As a volunteer for Vail Valley Habitat for Humanity, we interacted with constant onsite building, development, digging for arrogation systems, as well as working with and organizing the sub- contractors. We were always working with other volunteers with enthusiasm. Attachment B LINDSAY L. HARDY 414 W Beaver Creek blvd. X1944 | Avon, Colorado, 81620 | 850.252.0742 | LindsayLHardy@gmail.com [Preservation Certificate] • Knowledge & Application of Preservation • Miami Marine Stadium – Continues to make local Miami Headlines, as well with our help, acquired a Standing in the “11 Most Endangered” National Preservation List in 2009. [Avon Planning & Zoning Commission] • Knowledge & Application of Architecture, Design, Comprehensive Planning, Zoning, Code amendments, Transportation Considerations, Capital Improvement Analysis, and other ranges of work. [Haiti Charrette] • Participated in the Haiti Charrette held at the University of Miami. I worked and collaborated with the delegates from the Dominican Republic, sharing ideas and design options for rebuilding and rehabilitating Haiti after the earthquake. I completed renderings and sketches for a cross border market scheme. The final presentations were presented to a world audience in New York City and Published in the New York Times. These and other Documents were further published and presented about rebuilding within Haiti. (New York Times) [Accolades] • 2010 – Historical Concepts Award for Best Urban Design and Planning Project & Contribution to a Studio Environment. (future publication) • 2009 – My Comprehensive Planning Project on Global Warming in the Era of Climate Change was presented at the 2009 Global Conference on Global Warming in Istanbul • 2009 – Preservation Efforts Sustained Conservation Funding and Community Support for the Miami Marine Stadium. Our Efforts Generated National News with Multiple Publications – New York Times, Preservation Magizine, Miami News Hearld) http://www6.miami.edu/communications/homepage/marinestadium/ • 2010 -- Placed 3rd and 10th in the AIA 2010 Photo Contest • 2012—Habitat for Humanity Lead - Volunteer (Edwards Location) • 2011-2012 – Multiple Publications in the Bay County New Herald. I often wrote letters to the editor of the local news paper back home discussing the planning and architecture failures, possibilities, and future for Panama City Beach. This series of letters were meant to encourage and educate the local population about what the town could be and should be if only it aspired to be more than just a Spring Break Town; thus, how to develop into a more viable community through its code development and planning. LOCAL JOBS AND EXPERIENCE • Beaver Creek Guest Services & Ticket Sales – 2010/11, 2011/12, 2014/15 Winter Season • Red Sky Ranch – Guest Service Attendant – 2011 & 2012 Summer Season • Town of Avon Recreation Center – Front Desk Attendant – 2011 & 2012 • Eagle Valley Habitat for Humanity – Volunteer – Summer of 2012 • Vail Architecture Group (VAg)– Full Time Architectural Intern (Practicing, Non Licensed) – 2012 & 2014, • Avon Planning & Zoning Commission – 2013, Current • King Realty – 2015, Current CLOSING I thank you for taking the time to consider my Resume. I am a passionate individual about planning and development. I have a Commitment and Passion to the Quality of Design, Construction, and Urban & Town Planning, and I have the accolades to show for my excitement. I have been living in the Vail Valley Area for 5 years now, and have been excited to learn and experience as much as possible, especially concerning Architecture and Planning. I would continue to make a great member of the Avon Planning & Zoning Commission. Attachment B LINDSAY L. HARDY 414 W Beaver Creek blvd. X1944 | Avon, Colorado, 81620 | 850.252.0742 | LindsayLHardy@gmail.com REFERENCES Sebastian Kiki Plas – Front Office Manager - Sebastian 970.306.8842 Email: kikiplas@hotmail.com University of Miami Architecture & University of Penn Planning Graduate Mary Morton 386.689.6928 Email: MaryCMorton@gmail.com Beaver Creek Sales Ticket Office Jo Anne Graef Email: jgraef@vailresorts.com Habitat for Humanity Brent Arnold – Director of Construction 970.471.2847 Email: Brent@habitatvailvalley.org University of Miami Architecture Denis Hector - Associate Dean 305-284-2322 Email: dhector@miami.edu Attachment B January 21, 2015 Mrs. Peggy Hatley Human Resources Department Town of Avon One Lake Street PO Box 975 Avon, CO 81620 Dear Mrs. Hatley, I am very pleased to present you with this cover letter and my resume for consideration in your search for the best candidate to fill the Planning and Zoning Commissioner position. Upon reading the job description posted online, I am confident that my professional planning experience and education provide a perfect match for this position. As outlined in my attached resume, I will bring to your municipality a broad range of skills and firsthand knowledge of the development issues facing the Town of Avon, including:  Experience as a Town Planner and Transportation Planner which are skillsets not currently represented on the Planning and Zoning Commission and will assist the Town and applicants in receiving comprehensive and well-rounded feedback on the variety of proposals presented to the board;  Detailed knowledge of the Avon Municipal Code, Avon Development Code and the processes therein;  Recognition of the codified language and design standards, as well as their intent, and the ability to apply those standards to applications under consideration of the Planning and Zoning Commission;  Comprehensive understanding of and the ability to implement the existing Avon Comprehensive Plan, West Town Center District Investment Plan, East Town Center Plan, Avon Comprehensive Transportation Master Plan, Harry A. Nottingham Park Master Plan, and other long range planning efforts;  Understanding of the roles and relationships between the Town Council, Staff and the Planning and Zoning Commission.  Familiarity with the Village at Avon development agreement and PUD and an understanding of the relationship between their design review board and the Town’s Planning and Zoning Commission; I sincerely ask you for the opportunity to discuss my credentials, and ability to enhance your team’s success. I appreciate your time and consideration. Respectfully yours, Jared Barnes Attachment B Jared Barnes 971 West Beaver Creek Boulevard, Unit B4 PO Box 7684 Avon, CO 81620 Phone: 970.331.3999 Email: Jared_Barnes@yahoo.com OBJECTIVE: To be appointed to the Town of Avon Planning and Zoning Commission and represent the residents of the Town of Avon on this advisory board. PROFESSIONAL EXPERIENCE Eagle County, Colorado December, 2013 – Present Multi‐Modal Planner  Grant writing for ECO Transit and ECO Trails.  Construction management for bus shelter and stop improvements for ECO Transit.  Construction management for trail maintenance projects for ECO Trails.  Master planning updates for ECO Trails to catalogue existing and proposed improvements to the Eagle Valley Trail to comply with MUTCD and ADA standards.  Prepare and present project proposals to Town Boards, and Commissions.  Prepare and present legal agreements on behalf of ECO Transit and ECO Trails to the Eagle County Commissioners and Town Councils throughout Eagle County.  Eagle County liaison on regional planning efforts for transportation and trails master planning. Town of Avon, Colorado January, 2007 – December, 2013 Planner  Evaluate and manage development applications, zoning modifications, and subdivision applications related to municipal codes, sub‐area plans, and design standards.  Manage long range planning efforts, including adoption of and updates to sub‐area master plans and comprehensive plans, in collaboration with community stakeholders, consultants, and internal committees.  Prepare and present project proposals and recommendations to the Planning Commission and Town Council.  Advise members of the public regarding zoning, code enforcement, building, and subdivision regulations.  Manage electronic archiving of building permit plan sets, building permit files, and planning/zoning files.  Core team member in the adoption of a unified development code incorporating zoning, subdivision, and design review standards, partnering with community stakeholders.  Town liaison on regional planning efforts for transportation and county master planning, as well as county code enforcement.  Streamlined the process for accepting and routing applications for review, while simplifying interfaces between town staff and applicant.  Implemented a permit tracking software system. Customized it to interface with development review, code enforcement and billing system. City of Louisville, Colorado January, 2005 – January, 2007 Planning Intern  Created a tracking system for archiving planning files.  Researched and drafted the new sign code adopted by the city.  Provided zoning compliance review for current planning projects.  Advised members of the public regarding zoning and code enforcement regulations. City of Portage, Michigan May, 2004 – August, 2004 Planning Intern  Updated ArcGIS layers.  Facilitated Municipal Code amendments by surveying other jurisdictions.  Performed site inspections for new construction. EDUCATION University of Colorado at Boulder August, 2002 – December, 2006 Bachelor of Environmental Design in Planning/Urban Design Attachment B Minor in Geography Related Coursework: Real Estate SOFTWARE SKILLS ESRI ArcGIS, Google SketchUp, Adobe InDesign, Adobe Photoshop, Adobe Illustrator, LaserFische, Microsoft Office Suite, and Sungard Pentamation. MEMBERSHIPS & ACTIVITIES  American Planning Association; Colorado Chapter (#181924)  University of Colorado Alumni Association  Event organizer for annual American Heart Association Cycle‐A‐Thon (Gypsum, CO) Attachment B PLANNING AND ZONING COMMISSION – TOWN OF AVON Chris Lubbers PO Box 482 Wolcott, CO 81655 clbbrs@gmail.com February 18th 2015 Town of Avon Planning and Zoning Commission PO Box 975 Avon, CO 81620 Dear Hiring Manager, The Town of Avon is in need of a talented pro to create impactful partnerships and manage applications for successful development within the town. I am well suited to join this effort. Having weathered complex logistical environments and system-wide organizational change, I posses the analytical brains and ingenuity to ensure strong, ongoing relationships and excellence in government. I know the intricacies of local governance and I am well versed in community politics. I have been involved in residential design and construction on a small scale. I have also been involved in community planning most recently at the Sonoran Institute where I joined the Town of Avon Planning Team. I approach life in a thoughtful and logical way and I look forward to helping develop this unique community in a positive and impactful way. Please feel free to contact me with any questions. Thank you for your time and consideration. I look forward to this new challenge! Sincerely Chris Lubbers Attachment B Chris Lubbers PO Box 482 Wolcott, CO 81631 Phone - (970) 470-2157, clbbrs@gmail.com Objective – Manage complex governance and operations Experience – Organizational change, finance, community governance, technological implementation, regulatory compliance, state governance, growth of local transit, transportation design Strengths – calm, assertive, mastery of problem solving and employee engagement, up to date education EDUCATION 1988 – Associates of Science, Industrial Psychology, University of Southern Colorado 2003 – Bachelors of Science, Business, Colorado Technical University 2015 - Masters of Science, Business, Western Governers University (Graduating December 2015) LEADERSHIP Vail Resorts Transportation Safety Best Practice Group – Operational Manager Eagle County Regional Transportation Authority Advisory Board – Board Rep for Beaver Creek, Co-Chair Colorado Association of Transit Agencies – Board Member 2015 Alpine World Ski Championships Municipal Services Committee - Member State-wide Intermountain Transit Planning Region Working Group – Member Denver Regional Mobility and Access Council – Member Colorado Coalition of Transit Agencies - Member CERTIFICATIONS Dale Carnegie Leadership Development Program Accident Investigation Certification, T.S.A. Advanced Accident Investigation Certification, T.S.A. CDL Third Party Tester EMPLOYMENT 2008-Present - Transit Director, Beaver Creek, Bachelor Gulch and Arrowhead Resort Areas Managing 145 employees producing 90,000 annual service hours including a call center handling 200,000 demand responsive trips annually and four separate transit operations carrying over 1.6M riders annually • Grew the organization from 60,000 service hours to 90,000 service hours • Fixed route transit and demand responsive transit • Achieved record guest satisfaction scores • Implemented multiple new technology platforms • Managed transportation for the World Cup Ski Races 11 years in a row • Managed transportation for the Alpine World Ski Championships in 2015 2001-2008 - Transit Manager, Beaver Creek, Bachelor Gulch and Arrowhead Resort Areas Managed 110 employees producing 60,000 annual service hours including 3 separate transit operations carrying over 800,000 riders annually • Grew the organization from 28,500 service hours to 60,000 service hours • Managed transportation for the Alpine World Ski Championships in 1999 1996-2001 - Transit Supervisor, Beaver Creek and Arrowhead Resort Areas • Supervised day to day operations of demand responsive and fixed route transportation systems • Led a newly hired team to achieve never before seen guest satisfaction ratings • Developed new ski rack design used by many agencies across the nation 1993-1996 - Road Foreman, Town of Avon, ECO Transit and Beaver Creek Resort Areas • Supervised the daily operations of fixed route, regional route and demand responsive transit services • Created and implemented the organization’s first safety program • Created an innovative driver timeliness monitoring system, which dramatically improved the quality of service to the communities of Eagle County Attachment B Courtney David Gregory 970.390.8561 courtneyg@vagarchitects.comLetter of Interest Dear Peggy, Please see my attached resume, references and Town of Avon employment application for the Planning and Zoning Commission Member position I would like to be considered for a position on the Planning and Zoning Commission. Having lived in the Vail Valley for 14+ years I’ve been witness to a great deal of change in Avon and the surrounding com-munities. I believe with my experience as an architect, and that in the construction industry, I would bring applicable knowledge and passion to the Commission as we continue to grow and mature as a renowned mountain community. Also, having previous professional relationships with some current Commissioners, I feel I would be free to speak my mind among these fellow peers and professionals. If you have questions or would like to schedule an interview, please contact me by phone or email. Sincerely, Courtney David Gregory Attachment B Courtney David Gregory 970.390.8561 courtneyg@vagarchitects.comArchitecture | Construction Proﬁ le With nine years of professional experience in architecture, three years experience in carpentry and two years of electrical apprenticeship, I offer a well rounded skill set combining design experience with practical knowledge learned in the construction industry. Experience VAg, Inc. Architects and Planners: Project ManagerApril 2014/PresentEdwards, CO • Project manager for high-end custom homes, remodels• Team member on resort and commercial projects Zehren and Associates Inc: Contract Production Staff May 2013/April 2014Avon, CO • Construction document production for commercial and hospitality projects• Team member on large ski resort project in Changbi Provence, China Marmot Electric: CAD Technician, Apprentice Electrician March 2011/April 2013Gypsum, CO • Creating lighting/electrical plans on AutoCAD, assisting with bidding• Apprentice electrician 1xOne Designs: Interior Trim Carpentry; Owner April 2008/March 2011Edwards, CO • High-end interior trim carpentry: Linear trim, cabinet installation, wood ﬂ oors and ceilings, timber applications,framing, custom closet built-ins• Design and installation of custom woodwork• General contractor role on smaller jobs and performing the required coordination between client and various trades Shepherd Resources Inc: Project ManagerApril 2004/March 2008Avon, CO • Adam’s Mountain Country Club (40,471sq/ft 2,266sq/ft): Golf Clubhouse and Guest Cabins, Eagle County CO• Chalet Neige (10,000sq/ft): Private residence remodel, Beaver Creek CO TAB Associates Inc: Project ManagerJune 2001/April 2004Avon, CO • Project manager for high-end residential projects• Team member on commercial and institutional projects Zehren and Associates Inc: Intern ArchitectSept 2000/June 2001 Avon, CO • Construction document production Education Southern Illinois UniversityB.S. in Architectural Studies1995/2000 Carbondale, IL Accreditations June 2014 Licensed Architect in the State of Colorado Attachment B Courtney David Gregory 970.390.8561 courtneyg@vagarchitects.comArchitecture | Construction References: Peter SmithProfessor of Architecture and Interior Design, Southern Illinois UniversityPhone: 314.772.7383Email: smithpbs03@yahoo.com Tab BonidyTAB Associates, OwnerPhone: tab@vail.netEmail: 970.766.1470 Doug DeChantShepherd Resources Inc, OwnerPhone: 970.949.3302Email: info@sriarchitect.com Alex ColemanAlpine Mountain Builders, OwnerPhone: 970.376.4900Email: alex@ambvail.com John CumminsMarmot Electric, OwnerPhone: 970.376.4825Email: john@marmotelectric.com Ron ReynoldsReal Estate DeveloperPhone: 970.390.3369Email: ron@sportinglifeartgallery.com Jon StavneyTown Manager, Eagle COPhone: 970.328.6354Email: jon.stavney@townofeagle.org Yuri KostickMayor, Eagle COPhone: 970.471.0396Email: yurikostick@gmail.com Marc DesRosiersOptimum Events Company, OwnerPhone: 970.306.1507Email: marc@optimumeventsco.com David BaumArchitect, Zehren and AssociatesPhone: 970.331.1317davidb@zehren.com Attachment B March 25, 2015 Human Resources Department Town of Avon PO Box 975 1 Lake Street Avon, CO 81620 Dear Director of Human Resources, Enclosed please find my application for the Planning and Zoning Commission position. I have more than three decades of experience designing, presenting and managing multi - million dollar high performance site work, concrete construction andgreen building projects for a diverse client base. Having recentlymoved to Avon I will be available this July and bring a wealth of applicable skills to the board member position. My managementacumen is theresult of the following: Designed and built a broad range of projects Past vice president of large condominium association (3) years Past landscape chairman for designer show houses raising funds for major hospital (5) years Provided effective testimony before multiple governing boards for project approvals Wrote specifications, bidding documents and fast - trackedpreconstruction processes Directed and monitored preconstruction project teams Managed trades, construction costs and daily operations with a hands -on approach Coordinated and communicated results on behalf of stakeholders Sold, leased and developed mixed -use and industrial real estate Finishedprojects with award winning results on time and within budget Inaddition to my design and construction experience working with high net -worth individuals, I am a lifelong skier and landscape architect with a passion for enviromnental stewardship, green building principles and helping others succeed. Please review my resume, LinkedIn profile and website for additional information. I look forward to working with the Town of Avon. Sincerely, William B. Glaner Landscape Architect CO 4 1092, NJ #531, NY #1458 Attachment B Attachment B TOWN COUNCIL COVER REPORT To: Mayor and Town Council From: Matt Pielsticker, AICP, Planning Manager Date: April 23, 2015 Agenda Topic: PUBLIC HEARING – 2nd Reading of Ordinance 15-03 & Ordinance 15-04 Planning Case Numbers - #REZ15001, #REZ15002, #CPA15001, & #CPA15002 Buck Creek Medical Office Building & Police/Fire Joint Facility Summary Before Council is the Second Reading and Public Hearing of Ordinance 15-03 and Ordinance 15- 04, approving two (2) rezoning and two (2) Comprehensive Plan Amendment applications related to the development of a Medical Office Building and joint Police/Fire Public Safety Facility on Lots 1A and 1B, Buck Creek. First Readings were approved on April 21, 2015. This Memorandum summaries the changes since the April 21s 2015 meeting, and includes Council’s available actions for the Public Hearing on April 28, 2015. Attached are updated Ordinances and Mitigation formulas proposed by the Applicant. Updates Deed Restriction First, NexCore Group offered to provide a Deed Restriction (Lot 1A) enforceable by the Town to limit the permitted uses on the Property. The Deed Restriction is provided as attachment to Ordinance 15-03; it excludes certain uses (i.e. Hotel, Motel, Lodge) from the list of allowed uses for the Mixed Commercial (MC) Zone District to mirror those allowed in the Neighborhood Commercial (NC) Zone District with one exception – “Medical Center/Hospital”. Mitigation The second change to the Ordinance is the addition of a payment-in-lieu figure for mitigation of off-site improvements. A single payment of $10,000 is proposed for two items: 1) construction of a new bus stop, pull off, and shelter (currently scheduled for construction in 2015) adjacent to the Property, and 2) construction of a future trail connection through Tract V, connecting the Property to the recreation path adjacent to Interstate 70. The Applicant’s mitigation formulas are attached to this Memorandum, and equate to approximately 10% of the total estimated construction costs for these off-site improvements. Available Council Actions Pursuant to the Avon Development Code, the Avon Town Council has the following available actions with respect to the Applications: 1. Approval of Ordinance 15-03 and Ordinance 15-04 on 2nd Reading, and authorizing the Town Clerk to post the Ordinances for thirty (30) days. PUBLIC HEARING – Ordinance 2015-03 & 2015-04 | Medical Office Building & Joint Public Safety Page | 1 2. Continue Ordinance 2nd Reading of Ordinance 2015-03 and Ordinance 2015-04 to a date certain. The Avon Development Code allows for the continuation of a public hearing for a maximum of sixty-five (65) days. 3. Deny one or more applications by approving a motion, along with Findings of Fact which document that the decision(s) are based upon determination that the development application(s) do not comply with the applicable review criteria. Order of Updated Materials To avoid confusion with such a large amount of materials, the following is the order of updated materials in addition to the packet information from the April 21, 2015 Town Council meeting: 1. Council Memo Cover (this page) 2. Revised Ordinance 15-03 for Lot 1A with track changes shown for clarity 3. Ordinance 15-04 for Lot 1B (no changes) 4. Restrictive Covenant on Use of Lot 1A 5. Mitigation Contribution Methodology for Lot 1A 6. Original packet materials Recommended Motions I move to approve Ordinance 2015-03, thereby approving Case #CPA15001 & REZ15001, an application to amend the future land use designation for Lot 1A, Buck Creek PUD to Mixed Use and rezone Lot 1A, Buck Creek PUD to the Mixed Use Commercial zone district, together with the conditions contained in Ordinance 2015-03 and the findings of fact. I move to Approve Ordinance 2015-04, thereby approving Case #CPA15002 & #REZ15002, an application to amend the future land use designation for Lot 1B, Buck Creek PUD to Civic/Public and rezone Lot 1B, Buck Creek PUD to the Public Facilities zone district, together with the findings of fact outlined in Ordinance 2015-04. PUBLIC HEARING – Ordinance 2015-03 & 2015-04 | Medical Office Building & Joint Public Safety Page | 2 Ord 15-03 Lot 1A, Buck Creek PUD Comp Plan Amendment and Rezoning April 2128, 2015 FIRSTSECOND AND FINAL READING Page 1 of 5 TOWN OF AVON, COLORADO ORDINANCE 15-03 SERIES OF 2015 AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT AND APPROVING A REZONING OF LOT 1A, BUCK CREEK PUD TO MIXED-USE COMMMERCIAL RECITALS WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, Avon MOB LLC (“Applicant”) has obtained consent of the owner of real property in the Town to submit development applications to the Town, which property is referred to as: “Lot 1A, Buck Creek PUD Avon, according to the plat recorded at December 30, 2009 under reception no. 200927819, County of Eagle, Colorado (“Property”)”; and WHEREAS, the Applicant submitted a Comprehensive Plan Amendment Application and a Rezoning Application (collectively referred to as the “Applications”) to the Town’s Community Development Department on February 6, 2015; and WHEREAS, Avon Municipal Code (“AMC”) §7.16.020(b)(4), Concurrent Review, allows concurrent review of multiple development applications, which concern the same property, and the Town’s Community Development Director has consented to concurrent review; and WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on March 17, 2015; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence and Town Staff reports; and then took action to adopt Findings of Fact and made a recommendation to the Town Council to approve the Applications, with conditions; and WHEREAS, in accordance with AMC §7.12.020, Town Council, and in addition to other authority granted by the Town Charter, its ordinances or State of Colorado law, the Town Council has application review and decision-making authority to approve, approve with conditions or deny the Application, and has the authority to negotiate and approve the Development Agreement; and WHEREAS, pursuant to AMC §7.16.030(c), Review Criteria, and AMC §7.16.050(c), Review Criteria the Town Council has considered the applicable review criteria for a Comprehensive Plan Amendment and a Rezoning application respectively; and Ord 15-03 Lot 1A, Buck Creek PUD Comp Plan Amendment and Rezoning April 2128, 2015 FIRSTSECOND AND FINAL READING Page 2 of 5 WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, held public hearings on April 8, 2015, and April 28, 2015 and prior to taking final action considered all comments, testimony, evidence and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, development of the Property in accordance with the Application will provide for orderly growth in accordance with the policy and goals set forth in the Town of Avon Comprehensive Plan, dated February 2006; to stimulate economic growth, secure the reasonable investment-backed expectations of the Applicant, and otherwise achieve the goals and purposes of the Town; and WHEREAS, it is the Town Council’s opinion the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing in order to provide the public an opportunity to present testimony and evidence regarding the application, and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 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. Comprehensive Plan Amendment. The Avon Comprehensive Plan is hereby amended to amend the Future Land Use Plan to designate the Property as Mixed-Use Commercial, subject to the condition stated in Section 4. Condition. Section 3. Rezoning. The Property is hereby rezoned to Mixed-Use Commercial and the Official Zoning Map is hereby amended to designate the Property as Mixed-Use Commercial, subject to the condition stated in Section 4. Conditions. The Planned Unit Development designation shall no longer apply and all obligations and rights created by the Buck Creek Planned Unit Development as approved by Town of Avon Ordinance No. 09-08, recorded at Reception No. 200927820 in the office of the Eagle County Clerk and Recorder, are hereby released and extinguished. Section 4. Conditions. The effectiveness Section 2 and Section 3 shall be conditioned upon the following: A. Applicant taking ownership of the Property by August 14, 2015. If the Applicant does not acquire ownership of the Property by August 14, 2015, the Council may, by motion, Ord 15-03 Lot 1A, Buck Creek PUD Comp Plan Amendment and Rezoning April 2128, 2015 FIRSTSECOND AND FINAL READING Page 3 of 5 grant an extension of the date to satisfy this condition or may adopt an ordinance repealing this Ordinance and shall conduct a public hearing on second reading in accordance with the Avon Charter. B. Applicant paying cash-in lieu as mitigation for the incremental impact of increased density resulting from the rezoning on traffic, specifically Applicant shall pay $_____________$5,000 as a proportionate share contribution towards the construction of a bus shelter to be located in the vicinity and shall pay $_____________$5,000 as a proportionate share contribution towards the construction of an off-site pedestrian and recreation trail connection., and both contributions shall be non-refundable. C. Applicant shall execute and record the Restrictive Covenant on Use in substantially the form as attached as EXHIBIT A: RESTRICTIVE COVENANT ON USE concurrently with acquisition of title to the Property. The final Restrictive Covenant may include revisions and amendments approved by the Town Attorney provided that such revisions and amendments to not change the substantive terms regarding the restrictions on use. B.D. Applicant shall prepare and submit a new subdivision plat for Lot 1A, Buck Creek PUD, that shall label the Property as Lot 1A, Buck Creek Subdivision Filing #2, Avon, Colorado, after acquiring title to the Property and prior to receiving a building permit. Such subdivision plat shall be reviewed as an administrative subdivision plat in accordance with the Avon Development Code. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect upon satisfaction of the condition sets forth in Section 4, but in no event shall take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares 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 this Ordinance is necessary for the preservation of health and safety and for the protection of pubic convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Ord 15-03 Lot 1A, Buck Creek PUD Comp Plan Amendment and Rezoning April 2128, 2015 FIRSTSECOND AND FINAL READING Page 4 of 5 Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] Ord 15-03 Lot 1A, Buck Creek PUD Comp Plan Amendment and Rezoning April 2128, 2015 FIRSTSECOND AND FINAL READING Page 5 of 5 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on April 821, 2015 and setting such public hearing for April 28, 2015 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on April 28, 2015. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney TOWN OF AVON, COLORADO ORDINANCE 15-04 SERIES OF 2015 AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT AND APPROVING A REZONING OF LOT 1B, BUCK CREEK PUD TO PUBLIC FACILITIES RECITALS WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Eagle River Fire Protection District (“Applicant”) has obtained consent of the owner of real property in the Town to submit development applications to the Town, which property is referred to as: “Lot 1B, Buck Creek PUD Avon, according to the plat recorded at December 30, 2009 under reception no. 200927819, County of Eagle, Colorado (“Property”)”; and WHEREAS, the Applicant submitted a Comprehensive Plan Amendment Application and a Rezoning Application (collectively referred to as the “Applications”) to the Town’s Community Development Department on February 6, 2015; and WHEREAS, Avon Municipal Code (“AMC”) §7.16.020(b)(4), Concurrent Review, allows concurrent review of multiple development applications, which concern the same property, and the Town’s Community Development Director has consented to concurrent review; and WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on March 17, 2015; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence and Town Staff reports; and then took action to adopt Findings of Fact and made a recommendation to the Town Council to approve the Applications, with conditions; and WHEREAS, in accordance with AMC §7.12.020, Town Council, and in addition to other authority granted by the Town Charter, its ordinances or State of Colorado law, the Town Council has application review and decision-making authority to approve, approve with conditions or deny the Application, and has the authority to negotiate and approve the Development Agreement; and WHEREAS, pursuant to AMC §7.16.030(c), Review Criteria, and AMC §7.16.050(c), Review Criteria the Town Council has considered the applicable review criteria for a Comprehensive Plan Amendment and a Rezoning application respectively; and Ord 15-04 Lot 1B, Buck Creek PUD Comp Plan Amendment and Rezoning April 21, 2015 FIRST READING Page 1 of 4 WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, held public hearings on April 21, 2015, and April 28, 2015 and prior to taking final action considered all comments, testimony, evidence and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, development of the Property in accordance with the Application will provide for orderly growth in accordance with the policy and goals set forth in the Town of Avon Comprehensive Plan, dated February 2006; to stimulate economic growth, secure the reasonable investment-backed expectations of the Applicant, and otherwise achieve the goals and purposes of the Town; and WHEREAS, it is the Town Council’s opinion the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing in order to provide the public an opportunity to present testimony and evidence regarding the application, and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 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. Comprehensive Plan Amendment. The Avon Comprehensive Plan is hereby amended to amend the Future Land Use Plan to designate the Property as Public Facilities, subject to the condition stated in Section 4. Condition. Section 3. Rezoning. The Property is hereby rezoned to Public Facilities and the Official Zoning Map is hereby amended to designate the Property as Public Facilities, subject to the condition stated in Section 4. Condition. Section 4. Condition. The effectiveness Section 2 and Section 3 shall be conditioned upon the Applicant taking ownership of the Property by August 14, 2015. If the Applicant does not acquire ownership of the Property by August 14, 2015, the Council may, by motion, grant an extension of the date to satisfy this condition or may adopt an ordinance repealing this Ordinance and shall conduct a public hearing on second reading in accordance with the Avon Charter. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without Ord 15-04 Lot 1B, Buck Creek PUD Comp Plan Amendment and Rezoning April 21, 2015 FIRST READING Page 2 of 4 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 has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect upon satisfaction of the condition sets forth in Section 4, but in no event shall take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares 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 this Ordinance is necessary for the preservation of health and safety and for the protection of pubic convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] Ord 15-04 Lot 1B, Buck Creek PUD Comp Plan Amendment and Rezoning April 21, 2015 FIRST READING Page 3 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on April 21, 2015 and setting such public hearing for April 28, 2015 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on April 28, 2015. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Ord 15-04 Lot 1B, Buck Creek PUD Comp Plan Amendment and Rezoning April 21, 2015 FIRST READING Page 4 of 4 EXHIBIT A: RESTRICTIVE COVENANT ON USE RESTRICTIVE COVENANT ON USE THIS RESTRICTIVE COVENANT ON USE (“Restrictive Covenant”) is granted this _____ day of _______________, 2015, by, Avon MOB LLC, a limited liability company organized in the state of _____________ (“Grantor”), to TOWN OF AVON, a home rule municipal corporation of the State of Colorado, having its address at One Lake Street, P.O. Box 975, Avon, CO 81620 (“Grantee”) For good and valuable consideration, the receipt and sufficiency of which Grantor and Grantee acknowledge, Grantor hereby conveys and grants to Grantee this Restrictive Covenant on Lot 1A, Buck Creek PUD Avon, according to the plat recorded at December 30, 2009 under reception no. 200927819, County of Eagle, Colorado (“Property”). The Restrictive Covenant grants to the Grantee the right to restrict and prohibit the following uses of the Property: ¥ Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership/Vacation Club ¥ Hotel, Motel and Lodge ¥ College or University ¥ Theatre/Performance Hall ¥ Furniture Shop ¥ Home Improvement Store, under 25,000 sq.ft. All terms regarding use shall be interpreted in accordance with the Avon Development Code, Title 7 of the Avon Municipal Code. Grantee may enforce this Restrictive Covenant by law and/or equity and shall be entitled to recover all costs, including reasonable attorneys’ fees, for enforcement of this Restrictive Covenant. This Restrictive Covenant shall burden and run with the land. This Restrictive Covenant is entered into by and between Grantor and Grantee, and is solely for the benefit of Grantor and Grantee and their respective successors and assigns and does not create rights or responsibilities in any third parties beyond Grantor and Grantee. The restrictions and terms contained herein shall not be waived, released, abandoned, or terminated except by written consent of the Grantee. This Restrictive Covenant shall not be amended except in writing signed by Grantee and Grantor. GRANTOR: STATE OF __________________ ) ) ss. COUNTY OF _______________ ) The foregoing instrument was acknowledged before me this ____ day of ___________________ 2015, by _________________, as ____________________, of Avon MOB LLC. WITNESS MY HAND AND OFFICIAL SEAL. _____________________________ ______________________ NOTARY PUBLIC My commission expires: Avon MOB LLC Impact Mitigation Contribution Methodology Bike Path Connector Applicant’s contribution to the Bike Path Connector is calculated on the basis of a pro rata share of the total estimated cost of constructing Bike Path Connector, which would be located between the Recreation Path and Nottingham Road. The Town of Avon staff has estimated the cost to construct the Bike Path Connector to be $50,000. Applicant’s pro rata share shall be determined by dividing the total acreage of Lot 1A by the total acreage in District 13 – Nottingham Road Commercial District. Lot 1A consists of +/- 2.17 acres and District 13 consists of +/- 27.25 acres. Therefore Applicant will contribute 7.96% (2.17/27.25) of the cost of Bike Path Connector, but no less than $3,980. Notwithstanding the calculation methodology contained herein, the Applicant is willing to contribute $5,000 toward the construction of the Bike Path Connector. Bus Stop Shelter Applicant’s contribution to the cost of constructing the Bus Stop Shelter is calculated on the basis of a pro rata share of the total estimated cost of constructing the Bus Stop Shelter. The Town of Avon staff has estimated the cost to construct the Bus Stop Shelter (including site preparation and associated pavement widening) to be $50,000. Applicant’s pro rata share shall be determined by dividing estimated annual total number of bus trips that the Buck Creek Medical Plaza is expected to produce by the annual total ridership of the Town of Avon “Black Line” bus route. According to the Avon Transit Department the annual total ridership of the Town of Avon “Black Line” bus route is approximately 130,000 persons per year. The estimated annual total number of bus trips that the Buck Creek Medical Plaza may produce is approximately 5,000. The estimate of 5,000 additional riders is based on an estimate that 10% of approximately 100 employees of the Medical Plaza would use bus transportation daily (2 trips), 5-days per week, for 50 weeks annually. The traffic engineering firm of Felsburg Holt & Ullevig confirmed through independent estimating methodology (using Institute of Transportation Engineers data) that Applicant’s estimate is a reasonable approximation of potential additional ridership that the Medical Plaza may produce, including ridership by patients. Therefore Applicant’s pro rata share would be 3.85% of the cost of the Bus Stop Shelter (5,000/130,000). Notwithstanding the calculation methodology contained herein, Applicant is willing to contribute $5,000 toward the construction cost of the Bus Stop Shelter. Total payment-in-lieu amount will be $10,000 for off-site improvements. PUBLIC HEARING – Ordinance 2015-03 & 2015-04 | Medical Office Building & Joint Public Safety Page | 1 TOWN COUNCIL COVER REPORT To: Mayor and Town Council From: Matt Pielsticker, AICP, Planning Manager Date: April 7, 2015 Agenda Topic: PUBLIC HEARING – Ordinance 2015-03 & Ordinance 2015-04 Case Numbers - #REZ15001, #REZ15002, #CPA15001, & #CPA15002 Buck Creek Medical Office Building & Police/Fire Joint Facility Summary Before the Avon Town Council are two (2) rezoning and two (2) Comprehensive Plan Amendment applications related to the development of a Medical Office Building (“MOB”) and joint Police/Fire Public Safety Facility. The applications come to the Avon Town Council with a favorable recommendation (Attachment A) from the Planning and Zoning Commission (“PZC”), who held a public hearing on March 17, 2015. This cover memorandum summarizes the proposal, proposed mitigation of impacts, available Council actions, and details of supporting documents and attachments. Synopsis • Lot 1A is owned by the Eagle River Fire Protection District (ERFPD) and is zoned PUD • Lot 1B is owned by Buck Creek Associates LTD in care of Oscar Tang and is zoned PUD • NexCore Group, Applicant for Lot 1A, entered into a purchase & sale agreement with Eagle River Fire Protection District (“ERFPD”) for the acquisition of Lot 1A and with Oscar Tang for the acquisition of Lot 1B • ERFPD, Applicant for Lot 1B, has entered into a purchase agreement with NexCore for the acquisition of Lot 1B • NexCore Group intends to develop Lot 1A as a medical office building • ERFPD intends to develop Lot 1B in partnership with the Town of Avon for a joint public safety facility • Lot 1A must be rezoned from PUD to Mixed-Use Commercial (MC) to allow the use of a medical facility • Concurrently, Lot 1A will require a Comprehensive Plan amendment to change the land use designation from the Neighborhood Commercial (NC) designation to Mixed Use (MC) • Lot 1B must be rezoned from PUD to Public Facilities (PF) to allow the use of a public safety facility • Concurrently, Lot 1B will require a Comprehensive Plan amendment to change the land use designation from the Neighborhood Commercial (NC) designation to Civic/Public PUBLIC HEARING – Ordinance 2015-03 & 2015-04 | Medical Office Building & Joint Public Safety Page | 2 Land Use Files Attachment B • Case #CPA15001: Comprehensive Plan Amendment for Lot 1A, Buck Creek PUD • Case #REZ15001: Rezoning of Lot 1A from PUD to Mixed-Use Commercial (MC) Attachment C • Case #CPA15002: Comprehensive Plan Amendment for Lot 1B, Buck Creek PUD • Case #REZ15002: Rezoning of Lot 1B from PUD to Public Facilities (PF) Initial Development Concept for Lots 1A & 1B The following schematic design was developed to represent Nexcorp Group’s desired site layout for developing Lot 1A with medical office uses, as well as initial programming for Lot 1B to meet the current and future needs of the ERFPD and Avon Police Department with a joint public safety facility. The plan demonstrates functional site layout, parking locations, access conditions, proximity to roadways, and a future bus stop on Swift Gulch Road. The architecture team worked closely with the Avon Police and ERFPD to develop what both entities’ believed was a workable schematic design. While preliminary, it validates that a potential 35,900 sf. building is feasible if the maximum program was pursued for this site. PUBLIC HEARING – Ordinance 2015-03 & 2015-04 | Medical Office Building & Joint Public Safety Page | 3 Process Two zoning processes to review and evaluate the proposal were outlined to the Applicant during pre-application conferences: 1) Major PUD Amendment, and 2) Rezoning. The following summarizes some of the similarities and differences between the two: • Major PUD Amendment includes a Preliminary and Final Process, which adds approximately 2-3 months from start to finish. • Submittal requirements for Major PUD Amendment includes more information on drainage, utilities, and natural hazards – typically found with Development Plans. • Rezoning to standard zone district classification mandates conformance with all Development Code requirements; PUD Amendments can provide for variances to Development Code requirements (i.e. less restrictive stream setbacks, taller height, varied road standards, etc). • Public Hearings with PZC and Council for both processes. • Zone Districts can provide more flexibility with building placement and mix of uses as long as meeting the zone district and development standards; PUD districts provide more assurance of exact building locations and where uses will occur in a building or within a site. In conclusion, the Applicant had the option which process track to select, both providing the same degree of review (with the Development Plan), but the Rezoning was selected due to its shorter time schedule to reach a final decision. Available Council Actions Pursuant to the Avon Development Code, the Avon Town Council has the following available actions with respect to the Applications: 1. Approval of Ordinance 2015-03 and Ordinance 2015-04 on 1st Reading, thereby upholding PZC’s recommendation and setting a Public Hearing date for 2nd Readings on April 28 or May 12. 2. Continue Ordinance 2015-03 and Ordinance 2015-04 on 1st Reading to a date certain. The Avon Development Code allows for the continuation of a public hearing for a maximum of sixty-five (65) days, or not later than the June 9, 2015 meeting. 3. Deny one or more applications by approving a motion, along with Findings of Fact which document that the decision(s) are based upon determination that the development application(s) do not comply with the applicable review criteria. TABLE OF CONTENTS LOT 1A 1 STAFF REPORT - CASE #REZ15001& CPA15001 1 LAND USE TABLE 15 LOT 1A COMP PLAN EXHIBIT 25 LOT 1A VICINITY MAP 26 BUCK CREEK PLAT 27 LOT 1A APPLICATION MATERIALS 28 ORDINANCE 2015-03 48 LOT 1B 53 STAFF REPORT – CASE #REZ15002 & CPA15002 53 LOT 1B COMP PLAN EXHIBIT 63 LOT 1B APPLICATION MATERIALS 64 ORDINANCE 2015-04 76 REPORTS & ANALYSIS 80 TRAFFIC TRANSIT DRAINAGE ANALYSIS 80 FHU TRAFFIC IMPACT ANALYSIS, DATED MARCH 9, 2015 84 PUBLIC COMMENTS & EX PARTE COMMUNICATION 113 PZC RECOMMENDATION 115 MEDICAL OFFICE BUILDING ECONOMIC CONSIDERATIONS 117 PUBLIC HEARING – REZ15001 & CPA15001 Page | 1 TOWN COUNCIL REPORT To: Mayor and Town Council From: Brian Garner, Town Planner Date: April 1, 2015 Agenda Topic: PUBLIC HEARING – ORDINANCE 15-03 Case #CPA15001 & REZ15001 Rezoning of Lot 1A from PUD to Mixed-Use Commercial and Comprehensive Plan Amendment from Neighborhood Commercial to Mixed Use Designation Introduction The Applicant, Avon MOB, LLC, in a purchase & sale agreement to purchase the site (the “Property”) from the Eagle River Fire Protection District (“Owner”), has submitted a Rezoning application with a concurrent Comprehensive Plan Amendment application (collectively the “Application”). The Application is requesting to rezone the property from the current PUD zoning to the Mixed Use Commercial (MC) district and change the comprehensive plan land use designation from Neighborhood Commercial to Mixed Use. The intended development is for a medical office facility and the Application materials include a written narrative provided by NexCore Group. Process Comprehensive Plan Amendment & Rezoning: The review process requires review by the Planning and Zoning Commission (“PZC”) and the Town Council. The PZC and Town Council are each required to conduct a public hearing prior to taking action. After conducting a public hearing the PZC takes action by making a recommendation to the Town Council. The Town Council is then required to conduct a public hearing. Comprehensive plan amendments and rezonings require approval by adoption of an ordinance by Council. Both the PZC and the Town Council may continue the initial public hearing for additional public hearings up to a maximum of 65 days unless the applicant provides consent to a greater extension. Major Development Plan: The Applicant is also submitting an application for a Major Development Plan. A Major Development Plan application is reviewed by PZC. PZC is required to conduct a public hearing for review of Major Development Plan. Although the Major Development Plan is an independent application, the review process is expected to overlap with this application and staff is supportive of facilitating concurrent review to the extent practical. Background Originally, the property was platted as Lots 5, 52A and 52B, Block 1, Benchmark at Beaver Creek Subdivision and zoned Specially Planned Area (SPA). In 1985, the property was replatted as Lots 1, 2, 3 and 4 of the Wildwood Resort Subdivision through Ordinance 85-4. The SPA had entitlements for a 150-unit hotel, motel and/or lodge (accommodation) units, together with accessory uses and related commercial uses. Previous applications proposed between 4 and 6 stories of height with significant surface parking. The Town Council approved the current Buck Creek PUD First Amendment by the adoption of Ordinance 09-08 on August 11, 2009. The Town Council approved the subdivision creating Lots 1A and 1B by adoption of Resolution No. 09-41 on February 28, 2009. The PUD and Development Plan establish the land use and development standards for the property including but not limited to allowed uses, parking standards, setbacks and density. The current permitted use for Lot 1A is limited to a fire station, including 1 PUBLIC HEARING – REZ15001 & CPA15001 Page | 2 truck bays, duty quarters, offices, administration, meeting and training rooms, employee housing for fire district employees, and similar uses. Property Description Lot 1A is the southernmost lot of the Buck Creek PUD, located adjacent to Nottingham Road and Buck Creek Road. It is surrounded on the south and west sides by Town right-of-way and future development to the east (Lot 1B). The lot contains 2.17 acres and the topography descends gently from north to south with Buck Creek running parallel to the west lot line. The property has dry utilities stubbed in, roughly in the center of the lot which will need to be relocated as part of the development. Overlot grading was done several years ago and the surface is generally flat with native grasses holding to the soil. Application Summary The applicant is proposing a medical office building (MOB) which is not an allowed use in the current Buck Creek PUD for Lot 1A. In order to develop the property with the intended use, the applicant is required to rezone the property and was provided options to accomplish the desired use. One option is to amend the current PUD to allow the MOB together with primary and ancillary uses. A second option is to rezone Lot 1A to the Mixed-Use Commercial (MC) designation, established in the Avon Development Code, which expressly permits “Medical and dental clinics and offices”. The advantage to this zone designation is to provide clear use and development standards in a location that has developed with a similar mixed-use context. According to the Avon Development Code, “the MC district is established to group and link places used for working, shopping, educating and recreating with residential uses, thereby creating a compact community form. This district allows commercial, office, civic, townhouse and apartment uses and, along with Neighborhood Commercial, is the preferred district and development type in Avon. The mostly vertical mix of uses will reduce vehicle trips, relieve traffic congestion and provide an urbanized, pedestrian environment. MC implements the mixed-use land use classification of the Avon Future Land Use Plan and should be located adjacent to the Town Center as a transitional district.” Concurrent with the rezone application, the applicant is requesting to change the Future Land Use Plan designation from Neighborhood Commercial to Mixed-Use Commercial so the zoning and Comprehensive Plan documents are in sync. Each land use designation allows vertically mixed development (i.e. residential above commercial) however, the Mixed-Use Commercial zone district increases the maximum building height from 38’ to 60’. 2 PUBLIC HEARING – REZ15001 & CPA15001 Page | 3 The land use designations and zoning are further analyzed and evaluated in this staff report. As the Application is proposed for a specific use, it needs to be understood what other uses can potentially occur should the property be rezoned to MC and the specified development of the MOB not occur. Development Code Purpose The Comprehensive Plan amendment review criterion and rezoning criterion inquires whether the purpose of the Development Code is promoted by the Application. As outlined in Sec. 7-04-030, “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.” The Development Code Purposes are restated as follows: Purposes: (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; (c) Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code; (d) Avoid undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; (f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality; (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; (h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; (i) Achieve or exceed federal clean air standards; (j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, 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; 3 PUBLIC HEARING – REZ15001 & CPA15001 Page | 4 (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. (Ord. 10-14 §3) Land Use Case #CPA15001: Request to Amend the Comprehensive Plan Land Use Designation Comprehensive Plan Amendment Analysis Lot 1A is currently designated as Neighborhood Commercial in the Comprehensive Plan. According to the Comprehensive Plan, “These areas are intended to provide neighborhood-focused retail and service uses (such as markets, childcare, restaurants, and cafes) that are conveniently located near and connected with surrounding residential neighborhoods.” It should be understood that the land use designations depicted on the land use map do not supersede the Town’s zoning districts and regulations. The applicant is proposing to amend the Comprehensive Plan land use designation for Lot 1A from Neighborhood Commercial to Mixed Use. According to the Comprehensive Plan, “The intent of the mixed-use designation is to create an area providing commercial retail and service uses with a supporting mix of office, residential, lodging, and entertainment uses in an urbanized, pedestrian-oriented environment. A high proportion of lodging and other residential uses should be achieved in order to create the needed critical mass of population and activity to energize the Town Center District. Building should be vertically mixed, with retail, restaurants, and other commercial services located on the lower levels in order to encourage a high level of interest and pedestrian activity. Building design, siting, and orientation, as well as shared parking facilities and public gathering spaces create an environment that is appealing and inviting for pedestrians and vehicles.” The Neighborhood Commercial and the Mixed Use land use designation each allow vertically mixed development (i.e. residential above commercial) however, the Mixed-Use Commercial zone district increases the maximum building height from 38’ to 60’. Specific uses allowed under the respective zone districts (NC and MC and discussed in greater detail below) are nearly identical for each zone district. The most significant differences in allowed uses include hotel, motel and lodge uses being permitted in MC and not permitted in NC. District 13: Nottingham Road Commercial District The property is within the Nottingham Road Commercial District, which is a medium priority district. According to the Comprehensive Plan, “This area’s proximity to the I-70/Avon Road Interchange establishes its importance to the Town’s identity. Development and redevelopment that occurs here should reflect the standards in the Town Center, but should not compete with the Town Center in terms of size of buildings or intensity of development.” It should be noted that the medical office building does not seem to detract from the goal to create critical mass in the Town Center District. Since 2006, the Westin, Westin Timeshare West and the Wyndham projects have all been built in the Town Center District. Additionally, building heights remain tallest in the Town Center District. Planning Principles of District 13: • Limit access points on Nottingham Road to simplify traffic movements • Require landscape setbacks and internal landscaping of parking lots • Screen all equipment and storage from view 4 PUBLIC HEARING – REZ15001 & CPA15001 Page | 5 • Limit building heights to that which is compatible with the existing surrounding development • Development intensity and activity should diminish when traveling north on Buck Creek Road Due to grades in the vicinity, the proposed medical office building height will not be taller than structures on slightly higher grades to the west of the site. Additionally, the MOB will have maximum building height under 51-feet from the final finished grade of the site. Development intensity along Buck Creek Road will diminish and terminates with the Walking Mountains Science School. Comprehensive Plan Goals & Policies that Support the Application This staff report identifies specific Comprehensive Plan Goals & Policies that Town Staff believes supports the Application. Several Goals & Policies are subject to interpretation and do not contain exact standards or criteria for determining compliance. • Policy B.1.1: Require that development throughout the community fit the overall Built Form according to the Built Form Diagrams in this plan. • Policy B.1.8: Locate uses that generate traffic to areas near transit facilities or shared parking facilities to minimize automobile travel and “re-parking” within the same area. A new transit stop is planned in vicinity to facilitate mobility to this district of Avon. • Goal C.1: Provide a balance of land uses that offers a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities, working in concert to strengthen Avon’s identity as both a year-round residential community and as a commercial, tourism and economic center. The proposed Medical Office Building use presents a significant opportunity for quality professional employment opportunities in Avon that diversifies from the predominant accommodation, service industry and construction jobs. • Policy C.1.1: Ensure that proposed development and redevelopment projects conform to the Future Land Use Plan’s designations and are a scale and intensity appropriate for the planning district in which they are located. The scale and intensity of the proposed development is appropriate for this part of Town identified in the Comprehensive Plan as “A secondary commercial district.” The proposed building height, while slightly taller than the previously entitled fire station facility, should buffer more intense uses from the public safety facility proposed to relocate to Lot 1B. • Policy C.1.2: Ensure each development contributes to a healthy jobs/housing balance in the Town and surrounding area. The medical office building diversifies the local economy and adds professional jobs to the community. • Goal C.4: Encourage sustainable commercial development that enhances Avon’s overall economic health, contributes to the community’s image and character, and provides residents and visitors with increased choices and services. A medical office facility is a sustainable development that will add jobs and diversify the local economy. • Goal D.1: Ensure that development and redevelopment is compatible with existing and planned adjacent development and contributes to Avon’s community image and character. The medical office building will not impact views or solar access and will provide additional mobility options from the Nottingham Road Corridor, Nottingham Trail and the Avon Town Core. • Policy E.2.4: Encourage businesses that offer higher quality jobs for local residents within the region to relocate to Avon by promoting its available commercial land and buildings as well as its existing infrastructure and its accessible location. 5 PUBLIC HEARING – REZ15001 & CPA15001 Page | 6 Staff acknowledges that changing from NC to MC will marginally increase height and density, and many goals are promoted by the effected change. It should also be acknowledged that many goals and policies remain promoted by retaining the NC designation such as compatibility and density. Since each designation contemplates commercial development, Council shall determine the best suitability of the designation for the Nottingham Road Commercial District. Comprehensive Plan Amendment Review Criteria The review process and review criteria for Comprehensive Plan amendments are governed by AMC §7.16.030, Comprehensive Plan Amendment. The PZC shall use the criteria below as the basis for a recommendation on the Comprehensive Plan amendment portion of the application. Staff responses to each review criteria are provided. (1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; Staff Analysis: The surrounding area is comprised of a variety of existing uses including differentiating levels of residential density, commercial and light industrial. The proposed Mixed Use land use designation is compatible and complimentary to the existing uses in the vicinity. The mixed use category is proposed to match the requested zone district of Mixed Use Commercial, which allows a medical center/hospital as a use by right. The intended use as a medical center/hospital on Lot 1A provides an essential public benefit to the Avon community that wouldn’t otherwise be accommodated with the current Neighborhood Commercial designation. (2) Transportation services and infrastructure have adequate current capacity or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; Staff Analysis: The site is within a developed area with all infrastructure and services available to serve the demands of potential development rights associated with the Mixed Use designation. (3) Public services and facilities have adequate current capacity or planned capacity to serve the land use proposed in the plan amendment; Staff Analysis: The site is within a developed area with all infrastructure, public services and facilities available to serve the demands of potential development rights associated with the Mixed Use designation. Additionally, a new transit stop facility is planned near the site to better serve the services in the vicinity. (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; Staff Analysis: Though the current designation is still appropriate, the Mixed Use designation provides the appropriate transition from Town Center and Neighborhood Commercial zoned land uses located south of the site to residential zoned uses to the west and north. Lot 1A is slightly larger than other developed parcels in area, situated on the corner and close to the I-70 interchange. The property is separated from adjacent developed uses by Buck Creek Road and Nottingham Road. Furthermore, there is a lack of suitable or available property in the Town Core to accommodate the proposed medical office building use. (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; Staff Analysis: Strict adherence to the current plan will not allow the development of a medical office building on Lot 1A, which will inhibit promoting goals such as diverse jobs and enhancing health services to the community. Amendment of the current plan will allow rezoning of the site to Mixed Use Commercial and the subsequent development of a medical facility on Lot 1A while retaining the proposed combined public safety facility as it relocates to the adjacent Lot 1B. 6 PUBLIC HEARING – REZ15001 & CPA15001 Page | 7 (6) The proposed plan amendment will promote the purposes stated in this Development Code; and Staff Analysis: Many of the purposes of the Development Code speak to employing sound planning principles, efficient land use and protecting the environment to the benefit of the Avon community – including residents, property owners, business owners and visitors. The proposed Mixed Use designation in concert with the proposed development promotes the goals and purposes of the Development Code to see that the ongoing development of the Town is beneficial to the community. (7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. Staff Analysis: The proposed Comprehensive Plan amendment promotes the health, safety and welfare of the Avon community by instituting a land use designation that will allow the preferred zoning of the property consistent with numerous goals and policies of the Avon Comprehensive Plan. Land Use Case #REZ15001: Request to Rezone Lot 1A from PUD to Mixed Use Commercial Zoning Analysis Currently, the PUD zoning of Lot 1A allows for a fire station, fire district facilities and employee housing units, according to the Buck Creek PUD. Prior to rezoning to PUD in 2009, the property was entitled for more intense development through the Wildwood Resort Specially Planned Area (SPA). It is important to reference the previous zoning to compare and contrast with the requested Mixed Use Commercial zoning to determine the acceptable level of intensity associated with proposed zone changes. Development rights through the Wildwood SPA allowed for a 150-unit hotel, motel and/or lodge (accommodation) units, together with accessory uses and related commercial uses. Conceivably, this development may have been much more intense than the current proposal for a medical facility. The currently entitled fire station facility on Lot 1A is not considered an intense use, but does operate continually and with inherent uses that can be noisy and requires bright lighting that can impact adjacent residences. The proposed medical office building may provide a buffer between the relocated fire station facilities (combined with police) on Lot 1B from the residential properties to the south and west on Nottingham Road, as proposed. The Avon Development Code describes the purpose of the Mixed Use Commercial district as: “The MC district is established to group and link places used for working, shopping, educating and recreating with residential uses, thereby creating a compact community form. This district allows commercial, office, civic, townhouse and apartment uses and, along with Neighborhood Commercial, is the preferred district and development type in Avon. The mostly vertical mix of uses will reduce vehicle trips, relieve traffic congestion and provide an urbanized, pedestrian environment. MC implements the mixed-use land use classification of the Avon Future Land Use Plan and should be located adjacent to the Town Center as a transitional district. As outlined in Sec. 7.20.070(a), the Purposes of the Mixed-Use District include: 1. Promote higher-density residential development near and within the Town Center and commercial centers and other areas as appropriate; 2. Concentrate higher-intensity commercial and office employment growth efficiently in and around the Town Center and other centers of community activity; 3. Encourage mixed-use redevelopment, conversion and reuse of aging and underutilized areas and increase the efficient use of available commercial land in the Town; 4. Create pedestrian-oriented environments that encourage transit use, pedestrian access and more sustainable land use patterns; and 7 PUBLIC HEARING – REZ15001 & CPA15001 Page | 8 5. Ensure that the appearance and function of residential and nonresidential uses are of high and unique aesthetic character and quality and are integrated with one another and the character of the area in which they are located. Comparison to Existing Development Rights Lot 1A Existing and Proposed: CURRENT: Buck Creek PUD PROPOSED: MC Zone District Allowed Uses All uses customarily associated with a main branch fire station including but not limited to truck bays, duty quarters, offices, administration, meeting and training rooms; Employee housing units for fire district employees; and The zoning administrator may approve uses found to be similar As delineated in Table 7.24-1 of the Avon Development Code (attached). Special Review Uses None. As delineated in Table 7.24-1 of the Avon Development Code (attached as Exhibit A). Density Employee units to serve the fire district. n/a Building Height Maximum building height: forty-five (45) feet with an allowed architectural projection for a tower on a fire station to be fifty-five (55) feet. *Sixty (60) Feet Setbacks Front: twenty-five (25) feet Side: seven and one half (7.5) feet Rear: ten (10) feet *Front: ten (10) feet *Side: zero (0) feet *Rear: ten (10) feet Other Restrictions Maximum Lot Coverage: 50% Minimum Landscape Area: 25% Maximum Lot Coverage: 50% Minimum Landscape Area: 20% *Unless otherwise set forth in the Avon Comprehensive Plan, these dimensional requirements apply. Development Standards for the Mixed-Use Commercial District These development standards will be implemented if the rezoning is approved. A forthcoming Major Development Plan submittal will need to adhere to these standards as well as any other applicable requirements such as the design standards of the Avon Development Code. 8 PUBLIC HEARING – REZ15001 & CPA15001 Page | 9 Building Heights Comparison The MC district allows a maximum building height of sixty (60) feet, which is slightly higher than the maximum height allowed by the Buck Creek PUD standards for Lot 1A. The Table below illustrates varying building heights of existing structures in Avon as well as a summary of maximum building heights allowed in different zone districts. BUILDING ZONING MAX. HEIGHT Proposed Medical Office Building MC 60’ Walking Mountains Max. Building Height PUD 38’ Northside Coffee & Kitchen NC 32’ Westin Riverfront Resort (Lot 2) PUD 135’ Metcalf Lofts (w/elevator projection) PUD 48’ – 55’ Sheraton Mountain Vista PUD 100’ Wyndham TC 80’ AVON ZONE DISTRICT HEIGHTS Residential Low Density 35’ Residential Medium Density 48’ Residential High Density 60’ Neighborhood Commercial 38’ Mixed Use Commercial 60’ Town Center 80’ Public Facilities 40’ Light Industrial & Commercial 48’ BUCK CREEK PUD Lot Existing Proposed MC District Lot 1A 45’ w/fire tower architectural projection to 55’ 60’ Built Form Diagram The Built Form Diagram is provided to illustrate the desired form of the community in a three dimensional method. The diagram is not to scale, but instead shows the relationship of one district to the next in regard to form. As developments are reviewed, the diagrams shall provide another source of guidance to support the land use regulations and design guidelines. Policy B.1.1 of the Avon Comprehensive Plan states: “Require that development throughout the community fit the overall Built Form according to the Built Form Diagrams in this plan.” 9 PUBLIC HEARING – REZ15001 & CPA15001 Page | 10 TOWN OF AVON BUILT FORM DIAGRAM Town of Avon Comprehensive Plan, 2006 Buck Creek PUD The Buck Creek PUD Land Use Table is shown below to illustrate the balance of the PUD and associated development rights and development standards. BUCK CREEK PUD LAND USE TABLE LOT 1A LOT 1B LOT 2 LOT 3 LOT 4 LOT 5 Allowed Uses PROPOSED REZONE TO MC FOR MEDICAL FACILITY Fire District Uses; Residential Units (for the efficient operation of the facility); Employee Housing Units; Public Assembly Facilities; Accessory Buildings & Uses PROPOSED REZONE TO PF FOR PUBLIC SAFETY FACILITY Residential Dwelling Units (including single family, duplex and threeplex townhomes) Residential Dwelling Units (including single family, duplex and threeplex townhomes) Education facilities; Employee Housing Units; Pedestrian Paths & Trails; Public Assembly Facilities Open Space; Landscape & Screening; Erosion Protection; Road Rights of Way; Bicycle & Pedestrian Paths Early Childhood Education Facilities; Day Care Facilities; Professional Offices Special Review Uses None Home Occupation Home Occupation None None None Density Employee Units to Serve the Fire District 11 Dwelling Units Maximum 31 Dwelling Units Maximum Employee Housing Units & Co-Housing for Employees of the Gore Range Natural Science School N/A N/A Building Height Forty Five (45) Feet with an allowable projection for tower to Fifty Forty-Two (42) Feet Forty-Two (42) Feet Thirty-Eight (38) Feet N/A Thirty (30) Feet Note: The height of the Avon Center is 90 Feet. As illustrated, the 60’ height allowed by the MC district is in conformance with the Town of Avon Built Form Diagram from the 2006 Comprehensive Plan. Staff finds the height acceptable for the character of the vicinity due to the mountain backdrop and that due to topography, the MOB will not be much higher, if at all, than other structures nearby. 10 PUBLIC HEARING – REZ15001 & CPA15001 Page | 11 Five (55) Feet Setbacks Front: 25’ Side: 7.5’ Rear: 10’ Front: 25’ Side: 7.5’ Rear: 10’ Front: 25’ Side: 7.5’ Rear: 10’ Front: 25’ Side: 7.5’ Rear: 10’ N/A Front: 25’ Side: 7.5’ Rear: 10’ Other Restrictions Maximum Dwelling Unit Size: 2,700 Gross Square Feet No More Than 3 Dwelling Units Per Building Maximum Dwelling Unit Size: 2,700 Gross Square Feet No More Than 3 Dwelling Units Per Building Rezoning Review Criteria The review process and review criteria for rezoning applications are governed by AMC §7.16.050, Rezonings. The PZC shall use the criteria below as the basis for a recommendation on the Rezoning portion of the application. Staff responses to each review criteria are provided. (1) Evidence of substantial compliance with the purpose of the Development Code; Staff Analysis: Many of the purposes of the Development Code speak to employing sound planning principles, efficient land use and protecting the environment to the benefit of the Avon community. The proposed Mixed Use designation promotes more of the goals and purposes of the Development Code since the proposed Mixed Use designation allows a more efficient land use type that allows residential development mixed with commercial uses. (2) Consistency with the Avon Comprehensive Plan; Staff Analysis: Concurrent with this application, the applicant is requesting an amendment to the Comprehensive Plan to align the land use designation with the requested zone district. The Mixed Use Commercial zone district and Mixed Use land use designation of the Comprehensive Plan are compatible designations that will achieve the goals and purposes of the Development Code and Comprehensive Plan to the benefit of the community. Planning principles of District 13 of the Comprehensive Plan strive to develop property to an appropriate scale and be aesthetically pleasing. The rezoning will accomplish these principles by implementing specific development standards that ensure a quality development of Lot 1A. (3) Physical suitability of the land for the proposed development or subdivision; Staff Analysis: The land is within a developed context with all available infrastructure and services available to serve the intended use. Additionally, Lot 1A has utilities stubbed-in and overlot grading has prepared the lot for development. (4) Compatibility with surrounding land uses; Staff Analysis: Situated near Interstate 70, the surrounding area is generally mixed use containing residential, commercial and light industrial land uses. The proposed Mixed Use Commercial district is compatible with this context of zoned and existing land uses. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned Staff Analysis: The site is situated within a PUD that is largely undeveloped. Lot 1A is entitled for development of public facilities including a fire facility. Changing conditions do justify the relocation of proposed public facilities to the adjacent Lot 1B and allowing Lot 1A to be rezoned as Mixed Use Commercial thereby allowing development of the property for a medical center/hospital. (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; 11 PUBLIC HEARING – REZ15001 & CPA15001 Page | 12 Staff Analysis: The applicant has provided the requisite information to demonstrate that adequate facilities are available to serve the intended development without impact to existing development. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district; Staff Analysis: Purpose (2) of AMC §7.20.070 states: “Concentrate higher-intensity commercial and office employment growth efficiently in and around the Town Center and other centers of community activity.” Rezoning the property for the intended use of a medical center/hospital is consistent with the Nottingham Road Commercial District identified in the Comprehensive Plan, which contains an established district of mixed uses. (8) That, compared to the existing zoning the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; Staff Analysis: The rezoning should have a negligible impact on the natural environment compared with the existing development rights as the development footprint will be approximately the same whether the existing zone district or the proposed. Conceptual development of Lot 1A under the PUD zoning contemplates a fully developed parcel with no maximum site coverage restriction; preliminary drawings of the proposed medical facility indicate total site coverage at less than 50%. (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Staff Analysis: The current PUD zoning allows a fire station facility and employee housing. The proposed mixed use zone district allows commercial and residential uses that are not intensive or would otherwise negatively impact the other properties in the vicinity. Some of the adjacent properties are zoned Neighborhood Commercial which allows nearly identical uses as the Mixed Use Commercial zone district. Therefore, compared to the existing zoning the proposed rezoning is not likely to result in significant adverse impacts up other property in the vicinity. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and, Staff Analysis: This criterion is not applicable because the Applicant is seeking to rezone the Property to the Mixed Use Commercial zone district. (11) Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. Staff Analysis: The applicant has conducted the requisite development impact studies and will mitigate any concerns in accordance with study recommendations and Town of Avon requirements through the Development Plan phase of entitlements. Mitigation 7.16.050(11) Rezonings. Rezoning applications which propose a greater intensity of land use or increased demands on public services or infrastructure shall be required to provide adequate mitigation of such impacts. Greater intensity of land use or increased demands on public facilities and infrastructure shall include, but are not limited to: transportation, water, sewer, schools, emergency services, police, parks and recreation, medical and library. Adequate mitigation may include providing dedications of land or cash-in- lieu for the proportionate share of capital investment in public facilities and infrastructure related to the potential incremental increase of demand created from the existing zoning classification to the proposed zoning classification. The applicant is proposing the following mitigation: 12 PUBLIC HEARING – REZ15001 & CPA15001 Page | 13 1. Pay-in-lieu for proportionate share of an 8’ wide recreational path connection south of Nottingham Road. Monies will be held in escrow for a period of time and if not constructed by Town returned to developer. 2. Pay-in-lieu for proportionate share of bus stop improvements, including cantilever shelter design, adjacent to Northside Coffee and kitchen (partially in Buck Creek Right-of-Way and partially on Lot 4, Buck Creek Subdivision). Monies will be held in escrow for a period of time and if not constructed by Town returned to developer. PZC Recommendation for Case #CPA15001: The PZC recommends approval of the Application together with the findings of fact. Recommended Motion: I move to approve Case #CPA15001, an application to amend the future land use designation for Lot 1A, Buck Creek PUD together with the findings of fact. The Following Findings May be Applied Should Council Approve the Application: 1. The application meets the applicable review criteria based upon the Staff Report prepared by Brian Garner, Town Planner, dated April 1, 2015. 2. The surrounding area is compatible with the Mixed Use Commercial classification and this designation will enhance the Town’s economic base by providing employment opportunities close to residential. 3. The Comprehensive Plan amendment will promote the purposes of the Development Code by preserving, protecting and promoting employment-generating uses. 4. The Mixed Use classification will result in a form of development beneficial to the Avon community because it will allow the implementation of the preferred zone district as stated in the Avon Development Code. PZC Recommendation for Case #REZ15001: Staff recommends approval of the Application together with the findings of fact. Recommended Motion: I move to approve Case #REZ15001, an application for rezoning of Lot 1A, Buck Creek PUD together with one condition and the findings of fact. Conditions: 1. The Applicant shall acquire the property by August 14, 2015. The Following Findings May be Applied Should Council Approve the Application 1. The application meets the applicable review criteria based upon the Staff Report prepared by Brian Garner, Town Planner, dated April 1, 2015. 2. The Application is substantially compliant with the purpose of the Development Code as the Mixed Use Commercial zoning will ensure the most appropriate use of land in the Town and allow the development of a medical facility that will provide a high quality of life for residents. 3. The land is suitable for development of a medical facility without compromising public utilities or services. 4. The Mixed Use Commercial zoning is consistent with the purpose of the district by allowing commercial, office, civic, townhouse and apartment uses and is the preferred district and development type in Avon as stated in the Development Code. Attachments 13 PUBLIC HEARING – REZ15001 & CPA15001 Page | 14 A: Exhibit A: Land Use Table 7.24-1 B: Comprehensive Plan Exhibit C: Vicinity Map D: Buck Creek Plat Exhibit E: Traffic, Transit, Bicycle, Drainage Analysis F: Application Materials Alternate Findings of Fact Should Council Deny Approval of the Applications Case #CPA15001 Recommended Motion: I move to deny approval of Case #CPA15001, an application to amend the future land use designation for Lot 1A, Buck Creek PUD together with the findings of fact. The Following Findings May be Applied Should Council Deny Approval of the Application: 1. The application fails to meet the applicable review criteria based upon the Staff Report prepared by Brian Garner, Town Planner, dated April 1, 2015. 2. The surrounding area is not compatible with the Mixed Use Commercial classification and this designation will negatively impact other properties in the vicinity. 3. The Comprehensive Plan amendment does not promote the purposes of the Development Code which is enacted to preserve, protect and promote the health and well-being of the community. 4. The Mixed Use classification will result in a form of development not beneficial to the Avon community because it will allow the implementation of a zone district that allows building heights out of character with the neighborhood. Case #REZ15001 Recommended Motion: I move to deny approval of Case #REZ15001, an application for rezoning of Lot 1A, Buck Creek PUD together with the findings of fact. The Following Findings May be Applied Should Council Deny Approval of the Application 1. The application fails to meet the applicable review criteria based upon the Staff Report prepared by Brian Garner, Town Planner, dated April 1, 2015. 2. The Application is not compliant with the purpose of the Development Code as the Mixed Use Commercial zoning is not appropriate at this location and would allow building heights out of character with the neighborhood. 3. The land is not suitable for development of a medical facility as it will cause traffic volumes that compromise public safety for vehicles, pedestrians and bicyclists on Nottingham Road. 4. The Mixed Use Commercial zoning is not consistent with the purpose of the district by allowing the development of a medical facility that does not include vertical mixed-use with residential as intended by the Development Code. 14 7-110 7.24.040 Table of allowed uses. Table 7.24-1 Allowed Uses Use Category Use Type Residential Nonresidential Use-Specific Regulations RD RL RM RH RH-C NC MC TC SC P PF IC OLD Residential Uses Household Living Dwelling, Single-Family Detached P P Dwelling, Two-Family/Duplex P P P Dwelling, Townhouse P P P P P P Dwelling, Multi-Family P [1] P P P P P [1] Limited to 8 units per building in RM Dwelling, live/ work S S S S S S P Accessory DU S S S Dwelling, timeshare, interval ownership or fractional fee ownership/ vacation club S P P 7.24.050(d) 7.24.060(a) Group Living Group homes S S S S S S 7.24.060(b) Retirement home, nursing home or assisted living facility S S S S S S Accommodation Bed and breakfast S S S S S P P P Hotel, motel and lodge P P P P – Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 15 7-111 Use Category Use Type Residential Nonresidential Use-Specific Regulations RD RL RM RH RH-C NC MC TC SC P PF IC OLD Public and Institutional Uses Community Services Art gallery or museum P P P P P Community centers S S S P P P P P P Library P 7.24.050(a) Government services, offices and facilities P P P 7.24.050(a) Post office branches P Religious assembly S S S S S S S S S S S Day Care Preschool, nursery school S S S S S S S S S 7.24.060(c) Child care, in home S S S S S S S S 7.24.060(c) Child care center S S S S S 7.24.060(c) Educational Facilities College or university (nonexempt) S P S P P 7.24.050(a) School, K-12 (public and private) P P P P P P P 7.24.050(a) School, vocational- technical and trade P P 7.24.050(a) P – Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 16 7-112 Use Category Use Type Residential Nonresidential Use-Specific Regulations RD RL RM RH RH-C NC MC TC SC P PF IC OLD Public and Institutional Uses (Cont'd) Parks and Open Space Arboretum or botanical garden S P P P 7.24.050(b) Community garden P P P P P P P Community playfields and parks P Golf course P P P P P P P Parks and forest preserves (private, not-for-profit P P Transportation Bus terminal S P 7.24.060(d) Rail terminal (passenger) S P P Commercial parking facilities (surface & structure) S P Utility Major energy facilities S Public utility substations where no public office, repair or storage facilities are maintained S S S S S S S S S S P – Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 17 7-113 Use Category Use Type Residential Nonresidential Use-Specific Regulations RD RL RM RH RH-C NC MC TC SC P PF IC OLD Public and Institutional Uses (Cont'd) Utility (cont'd) Ground mounted solar devices S Small wind energy system S S S S S S S S S S S Wireless communication tower and/or antenna S S S S S S S S S S S S Commercial Uses Animal sales and services Kennel S 7.24.060(e) (3) Pet shops P P P P P Veterinary clinic, small (indoor only) P P P Veterinary clinic, large (with outdoor runs) S Auction House P P P P Assembly Auction yard P Membership clubs P P P Financial Service Financial institution, with drive-thru S S S S 7.24.060(f) Financial institution, without drive-thru P P P P P – Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 18 7-114 Use Category Use Type Residential Nonresidential Use-Specific Regulations RD RL RM RH RH-C NC MC TC SC P PF IC OLD Commercial Uses (Cont'd) Food and Beverage Services Bakeries P P P P Bars or taverns P P P P P 7.24.060(h) (2) Coffee shops P P P P P Restaurant, with drive-in or drive-thru S S S S S 7.24.060(g) Restaurant without drive-in or drive-thru P P P P P Health Care Facilities Medical center/ hospital S P P P Urgent care facility P P P P Medical and dental clinics and offices P P P P S Office Administrative and professional offices P P P P Office with showroom and/ or warehouse facilities S Recreation and Entertainment, Outdoor Outdoor commercial recreation P P P Riding academies S P P – Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 19 7-115 Use Category Use Type Residential Nonresidential Use-Specific Regulations RD RL RM RH RH-C NC MC TC SC P PF IC OLD Commercial Uses (Cont'd) Recreation and Entertainment, Indoor Indoor commercial recreation/ entertainment P P P P P Sexually-oriented business S Theater/ performance hall S P P P Personal Services Barber shops, beauty salons, day spas P P P P P Dry cleaning and laundry service P P P P P General personal services P P P P P Tattoo parlors, body piercing S S S Retail (Sales) Antique shops P P P P P Appliance stores P P P P P Art shops P P P P P Book and stationery stores P P P P P Clothing stores P P P P P Convenience store, with fuel S S S P P P – Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 20 7-116 Use Category Use Type Residential Nonresidential Use-Specific Regulations RD RL RM RH RH-C NC MC TC SC P PF IC OLD Commercial Uses (Cont'd) Retail Sales (cont'd) Convenience store, without fuel S P P P P P Drug stores P P P P P Electrical supply stores P P P Florists P P P P P Furniture shops P P P P Gift shops P P P P P Grocery stores P P P P P Home improvement store, under 25,000 sq. ft. P S P P P Home improvement store, over 25,000 sq. ft. P P Jewelry, craft and hobby shops P P P P P Medical marijuana Music, radio and television stores P P P P P Nursery, landscaping supply P S P P Office supply store P P P P P – Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 21 7-117 Use Category Use Type Residential Nonresidential Use-Specific Regulations RD RL RM RH RH-C NC MC TC SC P PF IC OLD Commercial Uses (Cont'd) Retail Sales (cont'd) Liquor stores P P P P P Paint stores P P P P P Photographic studios P P P P P Retail sign shops P P Retail sales with drive-thru S S S S S Shoe stores P P P P P Sporting and athletic goods stores P P P P P Toy stores P P P P P Wholesale Business Wholesale business P Vehicles and equipment Automobile repair shop, minor S S P 7.24.060(h) Automobile repair shop, major S P Automobile sales and rental S S Car wash S S S 7.24.060(h) Parking lot (commercial) S S S S S P – Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 22 7-118 Use Category Use Type Residential Nonresidential Use-Specific Regulations RD RL RM RH RH-C NC MC TC SC P PF IC OLD Industrial Service Industrial Service Research facilities (commercial) P Builders supply yards P Construction industry related businesses P Heavy industrial uses S Junkyards S Light industrial uses P Lumberyards except when indoors as part of a hardware store S Mining and mineral extraction S S S S S S S S S S S S S Manufacturing and Production Machine and welding shops P Manufacturing, heavy S Manufacturing, light P P – Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 23 7-119 Use Category Use Type Residential Nonresidential Use-Specific Regulations RD RL RM RH RH-C NC MC TC SC P PF IC OLD Industrial Service (Cont'd) Warehouse and Freight Movement Mini-storage P Storage warehouses P Waste and Salvage Recycling center (indoor) S Recycling facilities, drop-off P P P P P P P P P P P – Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. (Ord. 14-01 §2; Ord. 13-02 §3; Ord. 12-02 §2; Ord. 11-04 §2; Ord. 10-14 §3) 24 25 B U C K C R E E K R D S WIFT GU LC H R D W AL KIN G M O U N T AI N S L N NOT T ING HA M RD B E A V E R C R E E K B L V D 0360180 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 Lot 1A & Lot 1B Buck Creek PUD 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ord 15-03 Lot 1A, Buck Creek PUD Comp Plan Amendment and Rezoning April 21, 2015 FIRST READING Page 1 of 5 TOWN OF AVON, COLORADO ORDINANCE 15-03 SERIES OF 2015 AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT AND APPROVING A REZONING OF LOT 1A, BUCK CREEK PUD TO MIXED-USE COMMMERCIAL RECITALS WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, Avon MOB LLC (“Applicant”) has obtained consent of the owner of real property in the Town to submit development applications to the Town, which property is referred to as: “Lot 1A, Buck Creek PUD Avon, according to the plat recorded at December 30, 2009 under reception no. 200927819, County of Eagle, Colorado (“Property”)”; and WHEREAS, the Applicant submitted a Comprehensive Plan Amendment Application and a Rezoning Application (collectively referred to as the “Applications”) to the Town’s Community Development Department on February 6, 2015; and WHEREAS, Avon Municipal Code (“AMC”) §7.16.020(b)(4), Concurrent Review, allows concurrent review of multiple development applications, which concern the same property, and the Town’s Community Development Director has consented to concurrent review; and WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on March 17, 2015; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence and Town Staff reports; and then took action to adopt Findings of Fact and made a recommendation to the Town Council to approve the Applications, with conditions; and WHEREAS, in accordance with AMC §7.12.020, Town Council, and in addition to other authority granted by the Town Charter, its ordinances or State of Colorado law, the Town Council has application review and decision-making authority to approve, approve with conditions or deny the Application, and has the authority to negotiate and approve the Development Agreement; and WHEREAS, pursuant to AMC §7.16.030(c), Review Criteria, and AMC §7.16.050(c), Review Criteria the Town Council has considered the applicable review criteria for a Comprehensive Plan Amendment and a Rezoning application respectively; and 48 Ord 15-03 Lot 1A, Buck Creek PUD Comp Plan Amendment and Rezoning April 21, 2015 FIRST READING Page 2 of 5 WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, held public hearings on April 21, 2015, and April 28, 2015 and prior to taking final action considered all comments, testimony, evidence and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, development of the Property in accordance with the Application will provide for orderly growth in accordance with the policy and goals set forth in the Town of Avon Comprehensive Plan, dated February 2006; to stimulate economic growth, secure the reasonable investment-backed expectations of the Applicant, and otherwise achieve the goals and purposes of the Town; and WHEREAS, it is the Town Council’s opinion the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing in order to provide the public an opportunity to present testimony and evidence regarding the application, and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 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. Comprehensive Plan Amendment. The Avon Comprehensive Plan is hereby amended to amend the Future Land Use Plan to designate the Property as Mixed-Use Commercial, subject to the condition stated in Section 4. Condition. Section 3. Rezoning. The Property is hereby rezoned to Mixed-Use Commercial and the Official Zoning Map is hereby amended to designate the Property as Mixed-Use Commercial, subject to the condition stated in Section 4. Conditions. Section 4. Conditions. The effectiveness Section 2 and Section 3 shall be conditioned upon the following: A. Applicant taking ownership of the Property by August 14, 2015. If the Applicant does not acquire ownership of the Property by August 14, 2015, the Council may, by motion, grant an extension of the date to satisfy this condition or may adopt an ordinance repealing this Ordinance and shall conduct a public hearing on second reading in accordance with the Avon Charter. 49 Ord 15-03 Lot 1A, Buck Creek PUD Comp Plan Amendment and Rezoning April 21, 2015 FIRST READING Page 3 of 5 B. Applicant paying cash-in lieu as mitigation for the incremental impact of increased density resulting from the rezoning on traffic, specifically Applicant shall pay $_____________ as a proportionate share contribution towards the construction of a bus shelter to be located in the vicinity and shall pay $_____________ as a proportionate share contribution towards the construction of an off-site pedestrian and recreation trail connection. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect upon satisfaction of the condition sets forth in Section 4, but in no event shall take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares 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 this Ordinance is necessary for the preservation of health and safety and for the protection of pubic convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. 50 Ord 15-03 Lot 1A, Buck Creek PUD Comp Plan Amendment and Rezoning April 21, 2015 FIRST READING Page 4 of 5 Section 9. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] 51 Ord 15-03 Lot 1A, Buck Creek PUD Comp Plan Amendment and Rezoning April 21, 2015 FIRST READING Page 5 of 5 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on April 21, 2015 and setting such public hearing for April 28, 2015 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on April 28, 2015. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney 52 PUBLIC HEARING – REZ15002 & CPA15002 Page | 1 TOWN COUNCIL REPORT To: Mayor and Town Council From: Matt Pielsticker, AICP, Planning Manager Date: April 1, 2015 Agenda Topic: PUBLIC HEARING – Ordinance 2015-04 Case #REZ15002 & #CPA15002 Lot 1B, Buck Creek PUD – Rezoning & Comprehensive Plan Amendment Introduction The Applicant, Eagle River Fire Protection District (“ERFPD”), with permission from the Owner, Buck Creek Associates, has submitted a Rezoning application and concurrent Comprehensive Plan Amendment application (collectively the “Application”). The request is being reviewed concurrently with a Rezoning and Comprehensive Plan Amendment for the neighboring Lot 1A property. The Application proposes to rezone Lot 1B, Buck Creek, from Planned Unit Development to the Public Facilities (“PF”) zone district. Currently, the property is zoned for a maximum density of eleven (11) residential townhomes. The proposed PF zone district would allow for the future development of the site as a police/fire public safety facility, along with other uses enumerated in Table 7.24-1, Allowed Uses, Avon Development Code. The Planning and Zoning Commission (“PZC”) reviewed the Applications and provided a favorable recommendation. After reviewing the Application materials, Staff’s analysis, and considering public input, the Town Council will act on Ordinance 2015-04. Avon Town Council makes the final determination on the Application after public hearings. All available actions are outlined in the Cover Memorandum. Process The review process required a noticed public hearing with PZC. The PZC held a public hearing on March 17, 2015, and forwarded a recommendation of approval with findings. Final action is taken on the Application by Town Council after conducting public hearings and action by Ordinance. Pursuant to Section 7.16.020(b)(4), Concurrent Review, Avon Development Code, the zoning and Comprehensive Plan applications for Lot 1A and Lot 1B are being reviewed simultaneously. Background Originally, the property was platted as Lots 5, 52A and 52B, Block 1, Benchmark at Beaver Creek Subdivision and zoned Specially Planned Area (SPA). In 1985, the property was replatted as Lots 1, 2, 3 and 4 of the Wildwood Resort Subdivision through Ordinance 85-4. The SPA had entitlements for a 150-unit hotel, motel and/or lodge (accommodation) units, together with accessory uses and related commercial uses. Previous applications proposed between 4 and 6 53 PUBLIC HEARING – REZ15002 & CPA15002 Page | 2 stories of height. Lots further to the north of the property were zoned for 50 residential multi- family units and “private park and recreation and related commercial uses including a clubhouse building for indoor and outdoor sports activities and customary support facilities, swimming pools, tennis courts, archery range, restaurant, pro shop and other similar activities or services.” Today, the property is platted as Lot 1B as part of the Buck Creek PUD approved by Town Council in 2009. Zoning for the property was established with Council’s approval of Ordinance 09-08 on August 11, 2009. The PUD and Development Plan establish the land use and development standards for the property including but not limited to allowed uses, parking standards, setbacks and density. Property Description Lot 1B is accessed from Walking Mountains Lane, a road constructed during the initial phase of the Buck Creek PUD which included the construction of the Walking Mountains Science Center. The property is located adjacent to Buck Creek Road, immediately north of Lot 1A and is accessed by “private driveway” per the Buck Creek PUD – meaning the road is not required to meet Avon Development Code requirements. The lot contains 2.125 acres and the topography is moderately disturbed from natural grade with utility work and over lot grading. The property contains several development limitations including the Buck Creek stream, mature vegetation surrounding Buck Creek, wetlands, electric lines, and steep topography characterizing the property’s eastern boundary. Additionally, existing platted easements further limit development opportunities including but not limited to the Nottingham- Puder Ditch Easement on the east side of the property. Application Summary The proposal is to modify the Town’s Zoning Map for Lot 1B, Buck Creek PUD. This Application is being reviewed concurrently with an Application to amend the zoning and development rights for Lot 1A, Buck Creek PUD. Currently, Lot 1A is zoned PUD for a Fire Station with supporting office, administration, training, and employee housing units. Lot 1B is currently zoned PUD for 11 Dwelling Units with Single-Family, Duplex, and/or Triplex building types. This application will change Lot 1B to the Public Facilities (PF) zone district, thereby supporting a joint police and fire station, with supporting and incidental uses. The Buck Creek PUD shows conceptual building footprints which are “schematic, but serve to illustrate the intent of the development plan.” The PUD plan shows a cluster of three triplexes and one duplex, all served by a private driveway in a loop design. The conceptual development location and layout demonstrates the constraints of the platted easements on the eastern part of the property, as well as riparian constraints bordering the north property line. 54 PUBLIC HEARING – REZ15002 & CPA15002 Page | 3 Concurrent with the rezoning application, the request is to change the Future Land Use Plan designation from Neighborhood Commercial to “Civic/Public” to more accurately reflect the PF zoning category and envisioned mix of uses for the site. Land Use Summary Table The following table includes both the current and proposed zoning standards: CURRENT: Buck Creek PUD PROPOSED: PF Zone District Allowed Uses Residential Dwelling Units (including single family, duplex and triplex townhomes) Community Centers, Library, Government Services, offices and facilities, Schools, Transportation facilities, Medical, Recycling Center Special Review Uses Home Occupation Preschool, Small wind energy, wireless communication towers, Construction businesses Density 11 Dwelling Units Maximum n/a Building Height Forty Two (42) Feet *Forty (40) Feet Setbacks Front: twenty-five (25) feet Side: seven and one half (7.5) feet Rear: ten (10) feet *Front: twenty (20) feet *Side: twenty (20) feet *Rear: twenty (20) feet Building Coverage Fifty Percent (50%) Sixty Percent (60%) Minimum Landscaped Area Twenty-Five Percent (25%) N/A Other Restrictions Maximum Dwelling Unit Size: 2,700 square feet. No more than 3 Dwelling Units per Building Maximum Lot Coverage: *Sixty (60%) percent *Unless otherwise set forth in the Avon Comprehensive Plan, these dimensional requirements apply. Rezoning Review Criteria Analysis As outlined in Sec. 7.20.080(e), the Purpose of the Public Facilities District is as follows: “The PF district is intended to provide sites for public uses such as community centers, police and fire stations, and governmental facilities. The uses permitted in this district are identified by location in the Avon Comprehensive Plan.” The review process and review criteria for zoning amendments are governed by AMC §7.16.050, Rezonings. The Town Council shall use the criteria below as the basis for a final decision on the Rezoning Application. Staff responses to each review criteria are provided. (1) Evidence of substantial compliance with the purpose of the Development Code; 55 PUBLIC HEARING – REZ15002 & CPA15002 Page | 4 Staff Response: The Application and proposed land uses appear to be in substantial compliance with the purpose of the Development Code. Specifically, the Application provides for phased development of government services; and providing economical and high quality public services and facilities. Section 7.04.030(g) states the following purpose appropriate to the Application: “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.” The Rezoning will provide for the orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in Town. This application would provide for quality public services and facilities in a central location accessible to existing developed and future planned areas including the Village at Avon. The geographic location of the Buck Creek/Nottingham/Swift Gulch intersection is well suited for public facilities including police and fire. Any incremental increase in demands on public services and facilities is addressed. (2) Consistency with the Avon Comprehensive Plan; Staff Response: The rezoning application, with corresponding Comprehensive Plan Amendment, will provide consistency with the Comprehensive Plan and supporting documents. The existing/future land use maps contained in the Comprehensive Plan are outdated and neither reflects the current Buck Creek PUD approval or the envisioned joint public safety facility. The Planning Principles for the Nottingham Road Commercial District are maintained with the rezoning, and will be further evaluated with a Development Plan application. Planning Principles for Nottingham Road Commercial District: • Limit access points on Nottingham Road to simplify traffic movements • Require landscape setbacks and internal landscaping of parking lots • Screen all equipment and storage from view • Limit building heights to that which is compatible with the existing surrounding development • Development intensity and activity should diminish when traveling north on Buck Creek Road The Application adheres to the planning principles of the Nottingham Road Commercial District, and maintains the intent of diminishing intensity in the district from south to north on Buck Creek Road. All landscaping and screening standards of the Avon Development Code would be in effect and applicable to future development. The allowable building height of 40’ appears to be compatible with existing surrounding development, which is generally between 30’ and 40’. (3) Physical suitability of the land for the proposed development or subdivision; 56 PUBLIC HEARING – REZ15002 & CPA15002 Page | 5 Staff Response: The “buildable area” of the site accommodates the initial development concept that was developed with programming and estimates for police and fire buildout. The western and southern portions of the property were graded out when the Buck Creek PUD (and subdivision) was initially developed. These initial improvements, and the planning work completed by the Applicant for Lot 1A demonstrate the suitability of Lot 1B for a joint public safety project. Aside from the platted easements, riparian setbacks, and building setbacks, the land appears to be sufficient for the proposed uses. (4) Compatibility with surrounding land uses; Staff Response: The area surrounding the southern portions of the Buck Creek PUD (including Lot 1A and Lot 1B) are generally a mix of highway oriented commercial, neighborhood commercial, residential, and open space land uses. Moving the planned public safety building from Lot 1A to Lot 1B should not create any further impacts to adjacent surrounding land uses described above, or to future uses in the PUD including Townhomes on Lot 2, and a Montessori School, day care, and office uses on Lot 5. Medical office land uses planned for Lot 1A are compatible with public safety operations – health and safety uses are well-suited in close proximity. Lot 2 of the Buck Creek PUD is zoned for additional multi-family development; natural and visual separation between the two zones of the PUD can best be appreciated by visiting the properties with a site visit. The development pattern notably shifts to lower density/intensity traveling north on Walking Mountains Lane after turning off the access road from Buck Creek Road. Several mature trees and undergrowth that form the Buck Creek riparian environment provide further natural and visual buffers. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned Staff Response: The primary responsibility of the fire department is the delivery of fire and rescue services. To provide effective service, crews must respond in a minimum amount of time and with sufficient resources. Time is the critical element for police and fire when an emergency is reported. In both cases, a central location with easy access to arterial roadways in a location such as Buck Creek is justified over existing locations in the Town Center. The conditions surrounding the existing police and fire locations on Town Property (Tract G) have evolved over the past 15 years. Recently there have been a significant increase in the development of accommodate and short term rental units in the Town Center with lodging projects such as the Wyndham, Timeshare West, and Westin. These projects bring more guests to the heart of Avon who are less aware of their surroundings and intermittent emergency responders that must navigate the slower roadways. (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; Staff Response: The type and scope of the project can be supported by existing infrastructure. A future bus stop across the street (adjacent parking area of Northside Café) is being considered as 57 PUBLIC HEARING – REZ15002 & CPA15002 Page | 6 part of the Lot 1A application. Additionally, a trail connection south of the project connecting to the regional trail will be available to serve the site. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district(s); Staff Response: The Public Facilities (PF) zone district is well suited for a joint public safety facility. The PF district is “intended to provide sites for public uses such as community centers, police and fire stations, and governmental facilities.” (8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; Staff Response: Public safety development on the property will not result in adverse impacts to the natural environment. The riparian corridor of Buck Creek with associated cottonwood trees and wetlands will not be impaired by future development. Any impacts to the natural environment must be mitigated per the Avon Development Code and Natural Resource Protection standards (Sec. 7.28.100). Some level of intermittent noise could be experienced with future development of police/fire operations; these impacts should not be any more than those which could be experienced with similar development on Lot 1A as currently approved in the Buck Creek PUD. (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Staff Response: No significant impacts to other properties in the vicinity are envisioned with a PF land use designation and associated uses. As mentioned, intermittent noise impacts in connection with fire truck sirens are anticipated, but these types of impacts will not be any greater than those already inherent with the facility location on Lot 1A. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and, Staff Response: The Application is a rezoning and would remove the property (properties including Lot 1A) from the Buck Creek PUD and into a codified zone district classification subject to all Avon Development Code regulations; therefore, this criteria does not apply. (11) Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. Staff Response: Mitigation measures will be reviewed in detail when a development plan is developed for joint police and fire operations. As part of the accompanying Lot 1A Rezoning and development plan submittals, the incremental impact on adjoining multi-modal transportation facilities will be mitigated. 58 PUBLIC HEARING – REZ15002 & CPA15002 Page | 7 Comprehensive Plan Amendment Analysis Lot 1B is designated as ‘Neighborhood Commercial’ in the existing and future land use maps contained in the Comprehensive Plan. According to the Comprehensive Plan “these areas are intended to provide neighborhood-focused retail and service uses (such as markets, childcare, restaurants, and cafes) that are conveniently located near and connected with surrounding residential neighborhoods.” The existing and future land maps do not accurately represent the current Buck Creek PUD zoning or the land use envisioned with the Application; therefore, this amendment will result in a more accurate designation. The property is within the Nottingham Road Commercial District, which is a medium priority district. According to the Comprehensive Plan, “This area’s proximity to the I-70/Avon Road Interchange establishes its importance to the Town’s identity. Development and redevelopment that occurs here should reflect the standards in the Town Center, but should not compete with the Town Center in terms of size of buildings or intensity of development.” Nottingham Road Commercial District Planning Principles: • Limit access points on Nottingham Road to simplify traffic movements • Require landscape setbacks and internal landscaping of parking lots • Screen all equipment and storage from view • Limit building heights to that which is compatible with the existing surrounding development • Development intensity and activity should diminish when traveling north on Buck Creek Road The Application adheres to the planning principles of the Nottingham Road Commercial District, and maintains the intent of diminishing intensity in the district from south to north on Buck Creek Road. All landscaping and screening standards of the Avon Development Code would be in effect and applicable to future development. The allowable building height of 40’ appears to be compatible with existing surrounding development. In terms of development type and intensity, joint public safety uses would be compatible with other commercial uses in the vicinity and not competing directly with other Town Center development. Freeing the current locations on Tract G at Nottingham Park for other uses can be viewed as a benefit to this relocation. The location near the main Avon exit off Interstate 70 is strategic, with direct access to the main arterial roads and outlying neighborhoods of the Town. Comprehensive Plan Amendment Review Criteria Analysis The review process and review criteria for Comprehensive Plan amendments are governed by AMC §7.16.030, Comprehensive Plan Amendment. The Avon Town Council shall use these criteria below as the basis for a decision on the Comprehensive Plan amendment portion of the Application. Staff responses are provided to each review criteria. (1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; 59 PUBLIC HEARING – REZ15002 & CPA15002 Page | 8 Staff Response: The land use provides an essential public benefit in the form of a joint police/fire public safety facility. The surrounding area is a mix of commercial, residential, educational, and open space land uses. Currently the fire and supporting uses are entitled on Lot 1A; shifting these uses to the north (with additional access off Swift Gulch Road instead of Nottingham Road), and co-locating with the essential services of the Avon Police Department, will provide for a compatible mix of uses. There appears to be synergy between emergency response operations and neighboring proposed medical uses. (2) Transportation services and infrastructure have adequate current capacity or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; Staff Response: A future potential transit stop is accommodated immediately to the north of the site off the Swift Gulch access point. Whether or not this potential transit stop was developed depends on demand and future route planning. The Transportation Plan also calls out a possible trail connection bordering the east property line through the Nottingham Puder ditch easement to connect Swift Gulch Road with the Walking Mountains Science school and Buck Creek trail. After initial site studies it does not appear that development would impact this trail connection due to existing utilities and easements on that portion of the property. (3) Public services and facilities have adequate current capacity or planned capacity to serve the land use proposed in the plan amendment; Staff Response: There is adequate current capacity to serve the joint public safety facility. Some of the essential utilities and facilities that serve the property would be relocated with the initial construction of a medical office building on Lot 1A. Assurance is being provided that a storm sewer relocation bordering Lot 1A and Lot 1B will be available for future service. Again, adequate capacity is available to service the site. (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; Staff Response: The Comprehensive Plan designation of Neighborhood Commercial is inaccurate as it relates to both the current Buck Creek PUD and planned uses on the property. It appears that the Neighborhood Commercial designation originates from the Wildwood Resort Specially Planned Area, which included 150 unit hotel and supporting ‘neighborhood commercial’ uses. As articulated in the Application, emergency service personnel must currently navigate stop signs and roundabouts in order to respond to emergency calls. Lot 1B provides a better location for emergency responders for the Town of Avon and neighboring call locations, with less pedestrian interaction and crossing points. (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; 60 PUBLIC HEARING – REZ15002 & CPA15002 Page | 9 Staff Response: The current plan reflects Neighborhood Commercial land uses. Accordingly, strict adherence to the current plan would preclude the ability to locate emergency service responders on the site and better serve the community needs. (6) The proposed plan amendment will promote the purposes stated in this Development Code; Staff Response: The corresponding Comprehensive Plan amendment will promote the purposes of the Avon Development Code, with a direct relationship to 7.04.030(g), as follows: “(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.” The Application provides for the phased and coordinated development of government services and facilities. The development of a joint public safety facility promotes efficiencies in cooperation and coordination as well as the operational efficiencies through shared space. Fixed costs could be spread out for construction and continued operation (i.e. maintenance of common areas) of a joint facility. Lastly, improved response times could be achieved for taller buildings by developing a facility to accommodate the ladder truck apparatus. (7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. Staff Response: The health, safety, and welfare of the Town and Avon Community will be enhanced with consolidated and more closely coordinated emergency response operations. The Avon Comprehensive Plan provides additional support for the Application with the following goals and policies: • Goal A.1: Collaborate with….other agencies to implement the plan and to ensure Avon’s needs and goals are being met. • Policy C.1.6: Include sufficient land for public uses such as schools, recreation, community facilities, and government services near the people who use them. • Goad J.2: Ensure cost effective provision and development of public facilities and services. • Policy J.2.1: Coordinate with quasi-jurisdictional agencies regarding service expansions and other development that could affect the achievement of the district goals and objectives. 61 PUBLIC HEARING – REZ15002 & CPA15002 Page | 10 Staff Recommendation Staff recommends approval of the Applications and Findings of Fact as drafted in Ordinance 2015-04. Case #CPA15002 & #REZ15002 Recommended Motion: I move to Approve Ordinance 2015-04, thereby approving Case #CPA15002 & #REZ15002, an application to amend the future land use designation for Lot 1B, Buck Creek PUD to Civic/Public and rezone Lot 1B, Buck Creek to the Public Facilities zone district, together with the findings of fact outlined in Ordinance 2015-04. Attachments A: Application Materials B: Comprehensive Plan Amendment to Future Land Use Map C: Draft Ordinance 2015-04 Alternate Findings of Fact Should Council Deny Approval of the Applications Case #CPA15002 Recommended Motion: I move to deny approval of Case #CPA15002, an application to amend the future land use designation for Lot 1B, Buck Creek PUD together with the findings of fact. The Following Findings May be Applied Should Council Deny Approval of the Application: 1. The application fails to meet the applicable review criteria based upon the Staff Report prepared by Matt Pielsticker, dated April 1, 2015. 2. The Comprehensive Plan amendment does not promote the purposes of the Development Code which is enacted to preserve, protect and promote the health and well-being of the community. 3. The Public Facilities classification will result in a form of development not beneficial to the Avon community because it will allow the implementation of a zone district that is out of character with the neighborhood. Case #REZ15002 Recommended Motion: I move to deny approval of Case #REZ15002, an application for rezoning of Lot 1B, Buck Creek PUD together with the findings of fact. The Following Findings May be Applied Should Council Deny Approval of the Application 1. The application fails to meet the applicable review criteria outlined in the Staff Report prepared by Matt Pielsticker, dated April 1, 2015. 2. The Application is not compliant with the purpose of the Development Code as the Public Facilities (PF) zoning is not appropriate at this location. 3. The land is not suitable for development of a joint public safety facility due to concerns with compatibility and impacts to neighboring existing or approved development patterns. 62 63 64 A REZONING OF BUCK CREEK PUD LOT 1B on behalf of EAGLE RIVER FIRE PROTECTION DISTRICT Submitted: February 26, 2015 65 Pa g e 2 Applicant: Eagle River Fire Protection District 90 Benchmark Road, Suite 101 PO Box 7980 Avon, CO 81620 (970) 748‐9665 Current Owner: Buck Creek Associates c/o Oscar Tang 551 5th Ave, Floor 33 New York, NY 101763 Planning: Davis Partnership Architects 2301 Blake Street, Suite 100 Denver, CO 80205 (303) 861‐8555 66 Pa g e 3 Rezoning of Lot 1B, Buck Creek PUD Written Statement SUMMARY The Eagle River Fire Protection District (ERFPD) is applying to modify the Town’s Zoning Map for Lot 1B, Buck Creek PUD. This Application is being reviewed concurrently with an Application to amend the zoning and development rights for Lot 1A, Buck Creek PUD. Currently, Lot 1A is zoned PUD for a Fire Station with supporting office, administration, training, and employee housing units. That property will be changed to the Mixed Commercial (MC) zone district. Lot 1B is currently zoned PUD for 11 Dwelling Units in Single‐Family, Duplex, and/or Triplex arrangements. This application will change Lot 1B to the Public Facilities (PF) zone district, thereby supporting a joint police and fire station, with supporting and incidental uses. The Avon Police Department and ERFPD have been working to consolidate a physical plant for efficiency and improved response times from this key location north of Interstate 70. The property provides quick access to outlying lower density neighborhoods, Interstate access, as well as maintaining proximity to the Town Core and future buildout of the Village at Avon. Pursuant to Section 7.16.020(b)(4), Concurrent Review, Avon Development Code, this application is being reviewed contemporaneously with a Comprehensive Plan Amendment to more accurately reflect the “civic/public” nature of the envisioned joint facility on Lot 1B. This narrative addresses the mandatory review criteria for both applications. 67 Pa g e 4 REZONING REVIEW CRITERIA The zone classification of parcels can be changed pursuant to Section 7.16.050, Zoning Amendments, Avon Development Code. The Avon Development Code, Section 7.16.050(c), Review Criteria, requires that the PZC and Town Council consider the following review criteria for a Rezoning Application. Applicant responses are included for your consideration. (1) Evidence of substantial compliance with the purpose of the Development Code; Response: The stated purposes of §7.04, Development Code, AMC, include statements regarding the implementation of the Comprehensive Plan; regulating intensity of use; regulating and determining the area of open spaces; establishing building lines; avoiding increased demands on public services and facilities; providing for phased development of government services; minimizing adverse environmental impacts of development; provide for compatibility with the surrounding area; preservation of natural features; minimize adverse environmental impacts; and promoting sufficient, economical and high quality provision of all public services and public facilities. The Application is substantially compliant with the purpose statements in the Development Code. The Rezoning will provide for the “orderly use” of the Property in relation to the commercial use proposed on Lot 1A, while at the same time conserving the value of the investments of owners of property in Town. This application would provide for high quality, efficiently planned public services and facilities in a central location of Town. (2) Consistency with the Avon Comprehensive Plan; Response: One of the fundamental reasons for implementing the Comprehensive Plan is to clearly communicate where and how land uses may occur and to promote and protect the health, safety, and welfare of the residents and visitors of the Town by using goals and policies that result from a community review process. This Application, with the corresponding Comprehensive Plan amendment to the Future Land Use Map, will help to promote the health, safety, and welfare of the Town and its residents. The Comprehensive Plan Amendment will more accurately designate the property as “civic/public” Thereby supporting public safety with the combined fire and police facility. The Application conforms with the principal Land Use Goal (Goal C.1) which is to “provide a balance of land uses that offers a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic [emphasis added] and recreational facilities, working in concert to strengthen Avon’s identity as both a year‐round residential community and as a commercial, tourism and economic center.” On‐site employee housing units and a state of the art, high‐quality police and fire combined facility would implement this balanced approach to land development. The Property is located within District 13: Nottingham Road Commercial District. Following is a response to the existing Planning Principles for this area:  Limit access points on Nottingham Road to simplify traffic movements. 68 Pa g e 5 Response: This project would likely utilize the existing Walking Mountains Lane for entrance, and exit only onto Swift Gulch Road. As discussed with Town Staff, this area of Swift Gulch Road may require emergency only signalization for safe exiting. The full details of access to the property would be evaluated during a future development plan submittal.  Require landscape setbacks and internal landscaping of parking lots. Response: These details would be incorporated into a future development plan application which will be compliant with all applicable standards. With conceptual site layouts explored, parking could be placed behind the building as a potential solution to this principal.  Screen all equipment and storage areas from view. Response: All equipment and storage areas will be screened from view. It is likely that fire trucks and some vehicles will be parked outside of the future building(s), for maintenance, training, and staging for quick response times.  Limit building heights to that which is compatible with the existing surrounding development. Response: The nearest development to the site is the Neighborhood Commercial (NC) zoned properties opposite Swift Gulch Road, and also planned uses on Lot 1A. Building Heights will be compatible with existing surrounding development. There is a natural break with vegetation and the creek buffering the property moving north. Additionally, no potential development exists to the east on Swift Gulch Road given the steep topography and existing Open Space zoning in those areas. Currently, Lot 1B has entitlements through the PUD process with forty‐two (42) foot building height for Townhomes. Current concepts for the fire station include base building heights of 45’. This would be further developed with a development plan process. Building heights have been reduced compared to the previous PUD zoning for Cottonwood Resort.  Development intensity and activity should diminish when traveling north on Buck Creek Road. Response: The Existing PUD and this proposed zoning amendment will respect this planning principle, with intensity and activity remaining low impact as moving north on Buck Creek Road (and Walking Mountains Lane respectively). (3) Physical suitability of the land for the proposed development or subdivision; Response: The existing Lot (1B) was graded out and preliminary infrastructure and stub outs were constructed in concert with the initial Walking Mountains Lane and Science School subdivision improvements. A design team has worked diligently to demonstrate the adequacy of the site for these intended uses. The north east corner of the property becomes constrained moving north due to natural and manmade constraints in the form of the Nottingham Puder 69 Pa g e 6 Ditch (and Easement) at the toe of the steep hillside. The balance of the land is physically suitable for the programming and construction of a police/fire public safety center. (4) Compatibility with surrounding land uses; Response: The property is surrounded by a mix of land uses including: open space, Buck Creek, public roadways, and the immediate surrounding area is commercial in nature. Moving the planned public safety building from Lot 1A to Lot 1B should not create any additional impacts to adjacent surrounding land uses. The siting of public facilities next to a medical land use is complimentary. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned Response: The concept for a police and fire joint facility in this general location has been in response to changing conditions and the need to move these essential services out of the Town Core and into a more accessible location. Commercial and civic uses have long been envisioned in this intersection of Town roadways. (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; Response: The existing and proposed infrastructure is adequate to serve the proposed development. Initial utility work would be performed by the adjoining Lot 1A development. Fire protection will be on site. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district(s); Response: The Public Facilities (PF) zone district is “intended to provide sites for public uses such as community centers, police and fire stations, and governmental facilities.” This zone district is clearly envisioned for this type of development. Avon Municipal Code §7.24.040, Table of Allowed Uses, includes government services, offices, and associated facilities. The Application proposes police and fire stations; therefore, the proposed rezoning is consistent with the stated purpose of the PF zone district. (8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; Response: The existing zoning for Lot 1B is PUD: for multi‐family residential, up to eleven (11) Dwelling Units in Single‐Family, Duplex, and/or Triplex configurations. Relocating the fire operations approximately 150’ to the north and co‐locating police functions on the same property will not likely result in adverse impacts upon the natural environment. Stormwater management for Lots 1A and 1B will be handled with treatment facilities prior to discharge form the property. 70 Pa g e 7 While the street network is adequate to carry the anticipated, traffic studies will be required and reviewed with the Development Plan submittals for both Lot 1A and Lot 1B. No wildlife impacts should be experienced and stream setbacks remain intact. (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Response: No significant adverse impacts to other properties in the vicinity are envisioned with Public Facilities (PF) zoned land uses. Intermittent noise impacts in connection with fire truck sirens are anticipated, but these types of impacts will not be any greater than those already inherent with the facility location on Lot 1A. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and, Response: The existing Buck Creek PUD highlights Lot 1A as the emergency service hub for the property. This proposal shifts the site to the north with immediate access to adjacent roads maintained. Moving from PUD to a standard zone district will provide flexibility, and at the same time ensure future development is in line with the Town’s adopted goals, policies, and procedures. (11) Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. Response: MITIGATION OF IMPACTS This Application would result in the reduction of 11 multi‐family dwelling units, and the reorientation of a main branch fire station to provide exit onto Swift Gulch Road as opposed to the currently approved location on Nottingham Road. As mentioned, the Avon Police Department would also be headquartered on this property. Transportation The Transportation Plan indicates the possibility of a bus stop in the general vicinity of the Property on Swift Gulch Road. If required in the future, a bus stop and connecting sidewalk could be accommodated to the north of the conceptual driveway exit of the property; however, a bus route is highly unlikely in this direction and general location. Connections for pedestrians must be accommodated for both on the perimeter and within the sites. Water The Buck Creek PUD (historically named “Wildwood Resort”) was allocated 118.6 Single‐Family Equivalents (SFEs). Consequently, in 2009 when the Buck Creek PUD was approved with far less density that the original PUD it was conditioned such that additional water rights would go back to the Town. Water use will be examined again at the development plan stage of development and no additional water demand is expected. 71 Pa g e 8 Sewer The water district has adequate the capacity to treat the wastewater from the existing approved fire station lot, as evidenced in the 2009 Buck Creek PUD approval and ability to serve letters. Schools The demand on schools remains unchanged with the relocation of both police and fire facilities. Emergency Services Not applicable. Police Not applicable. Parks and Recreation In terms of immediately adjacent parks and recreation impacts, the Trails Master Plan (2009) includes the possible trail connection immediately north of this property to help connect pedestrians from the Town Core to the north eventually to the Buck Creek Trailhead. This is a critical connection to existing recreational facilities and will be maintained with this proposal. Medical The rezoning of the adjacent Lot 1A to a medical office complex and siting the police and fire on Lot 1B will have a synergetic relationship. While there are currently urgent care facilities in the Town Core, the Town lacks adequate opportunities for medical care. Accessibility of these properties to major roadways will be a benefit to not only Avon residents but others in the valley. Library Not applicable. 72 Pa g e 9 Comprehensive Plan Amendment for Lot 1B Written Statement The Application being presented will amend the Future Land Use Map designation of Lot 1B from Neighborhood Commercial, which is already inconsistent with the current zoning, to Civic/Public. REVIEW CRITERIA The following is an examination of the mandatory review criteria for the Planning Commission and Town Council review to consider. This Application responds to each criteria accordingly, and cross references the Rezoning review criteria responses where necessary. (1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; Response: The land uses in the surrounding area are a mix of multi‐family residential, and commercial including retail, restaurants, service stations and automotive repair. The proposed land use is mixed‐use commercial which will generally allow residential and commercial land uses so the proposed Comprehensive Plan amendment is compatible with the surrounding existing land uses. Additionally, the proposed use provides a significant public benefit by supplying the Avon community with critical medical facilities. 73 Pa g e 10 (2) Transportation services and infrastructure have adequate current capacity or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; Response: The land use proposed for the 2.1 acre Lot 1A will have a negligible impact on transportation services and infrastructure when compared with the current zoning for multi‐ family residential development. (3) Public services and facilities have adequate current capacity or planned capacity to serve the land use proposed in the plan amendment; Response: There is adequate current capacity to serve this joint public safety facility. Due diligence work for Lot 1A accommodates service for both properties. (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; Response: This application is submitted concurrent with the amendment for Lot 1A that will allow for the strategic relocation of essential public safety services to an area of Town better suited for this type of development. This strategic location for fire services was targeted for development in 2009 with the acquisition of the adjacent Lot 1A. The colocation of police and fire outside of the Town Core is an improvement in location for both uses. Currently, emergency service personnel must navigate additional stop signs and roundabouts in order to respond to emergency calls. Lot 1B provides a better location for emergency responders for the Town of Avon and neighboring call locations. (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; Response: Strict adherence to the current planwould preclude the ability to locate emergency service responders on the site and better serve the community needs. (6) The proposed plan amendment will promote the purposes stated in this Development Code; Response: The proposed comp plan amendment will promote the purposes of the Avon Development Code but most significantly demonstrates compliance with purpose 7.04.030(g) While design of a joint facility is in the early stages, this amendment and eventual development of the property could yield savings for the Fire District and ultimately the construction of a facility that will serve the Town and Valley. Lot 1A will be made available for high quality medical facilities and Lot 1B available to police and fire services. 74 Pa g e 11 (7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. Response: Public Health and welfare will be promoted with new medical and public safety facilities. Public welfare is broad and inclusive and is often most accurately reflected in the goals and policies contained in the Town’s Comprehensive Plan. Comprehensive planning is the legal basis for zoning and this Comprehensive Plan amendment will allow for the rezoning of Lot 1B to Public Facilities in order to collocate police and fire services on the site. 75 Ord 15-04 Lot 1B, Buck Creek PUD Comp Plan Amendment and Rezoning April 21, 2015 FIRST READING Page 1 of 4 TOWN OF AVON, COLORADO ORDINANCE 15-04 SERIES OF 2015 AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT AND APPROVING A REZONING OF LOT 1B, BUCK CREEK PUD TO PUBLIC FACILITIES RECITALS WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Eagle River Fire Protection District (“Applicant”) has obtained consent of the owner of real property in the Town to submit development applications to the Town, which property is referred to as: “Lot 1B, Buck Creek PUD Avon, according to the plat recorded at December 30, 2009 under reception no. 200927819, County of Eagle, Colorado (“Property”)”; and WHEREAS, the Applicant submitted a Comprehensive Plan Amendment Application and a Rezoning Application (collectively referred to as the “Applications”) to the Town’s Community Development Department on February 6, 2015; and WHEREAS, Avon Municipal Code (“AMC”) §7.16.020(b)(4), Concurrent Review, allows concurrent review of multiple development applications, which concern the same property, and the Town’s Community Development Director has consented to concurrent review; and WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on March 17, 2015; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence and Town Staff reports; and then took action to adopt Findings of Fact and made a recommendation to the Town Council to approve the Applications, with conditions; and WHEREAS, in accordance with AMC §7.12.020, Town Council, and in addition to other authority granted by the Town Charter, its ordinances or State of Colorado law, the Town Council has application review and decision-making authority to approve, approve with conditions or deny the Application, and has the authority to negotiate and approve the Development Agreement; and WHEREAS, pursuant to AMC §7.16.030(c), Review Criteria, and AMC §7.16.050(c), Review Criteria the Town Council has considered the applicable review criteria for a Comprehensive Plan Amendment and a Rezoning application respectively; and 76 Ord 15-04 Lot 1B, Buck Creek PUD Comp Plan Amendment and Rezoning April 21, 2015 FIRST READING Page 2 of 4 WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, held public hearings on April 21, 2015, and April 28, 2015 and prior to taking final action considered all comments, testimony, evidence and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, development of the Property in accordance with the Application will provide for orderly growth in accordance with the policy and goals set forth in the Town of Avon Comprehensive Plan, dated February 2006; to stimulate economic growth, secure the reasonable investment-backed expectations of the Applicant, and otherwise achieve the goals and purposes of the Town; and WHEREAS, it is the Town Council’s opinion the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing in order to provide the public an opportunity to present testimony and evidence regarding the application, and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 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. Comprehensive Plan Amendment. The Avon Comprehensive Plan is hereby amended to amend the Future Land Use Plan to designate the Property as Public Facilities, subject to the condition stated in Section 4. Condition. Section 3. Rezoning. The Property is hereby rezoned to Public Facilities and the Official Zoning Map is hereby amended to designate the Property as Public Facilities, subject to the condition stated in Section 4. Condition. Section 4. Condition. The effectiveness Section 2 and Section 3 shall be conditioned upon the Applicant taking ownership of the Property by August 14, 2015. If the Applicant does not acquire ownership of the Property by August 14, 2015, the Council may, by motion, grant an extension of the date to satisfy this condition or may adopt an ordinance repealing this Ordinance and shall conduct a public hearing on second reading in accordance with the Avon Charter. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without 77 Ord 15-04 Lot 1B, Buck Creek PUD Comp Plan Amendment and Rezoning April 21, 2015 FIRST READING Page 3 of 4 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 has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect upon satisfaction of the condition sets forth in Section 4, but in no event shall take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares 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 this Ordinance is necessary for the preservation of health and safety and for the protection of pubic convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] 78 Ord 15-04 Lot 1B, Buck Creek PUD Comp Plan Amendment and Rezoning April 21, 2015 FIRST READING Page 4 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on April 21, 2015 and setting such public hearing for April 28, 2015 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on April 28, 2015. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney 79 TOWN COUNCIL REPORT To: Mayor and Town Council From: Justin Hildreth, Town Engineer Date: April 1, 2015 Agenda Topic: Engineering Analysis Supplement to Case #CPA15001 & REZ15001 Rezoning of Lot 1A from PUD to Mixed-Use Commercial and Comprehensive Plan Amendment from Neighborhood Commercial to Mixed Use Designation Traffic Analysis A traffic study was submitted as required by the Comprehensive Transportation Plan that was prepared by Charles Buck of Felsburg, Holt and Ullevig and analyzed the impacts to the local road network from the medical office building and the proposed Public Safety facility. The project will generate approximately 1,870 daily trips per day (tpd) of which 1,630 tpd are from the medical office building. This will increase the trips on Nottingham Road to 10,880 tpd and it will continue to operate at acceptable levels. The high traffic on Nottingham Road will make left hand turns difficult at Buck Creek Road, medical office building and Swift Gulch Road but the intersections do not warrant any major improvements like a roundabout or stop light at this time. The intersections will be monitored in the future and if conditions warrant, improvements can be made at that time. Pedestrian, Bicycle and Transit Analysis The development will increase the need for pedestrian, bicycle and transit facilities in the area. A pedestrian connection to the Nottingham Road path along Buck Creek is recommended to ensure bicyclists have a safe route from the building to the path. Also, the project is large enough it will create demand for transit service for its employees and customers. A transit stop and sidewalk connection located on the east side of Swift Gulch Road is recommended. The existing Red Line already passes this location and a new stop can easily be added. Drainage Analysis Buck Creek flows north to south through the west side of the property and the floodplain consumes roughly the 70 FT of the west side of the property. The project is not proposing any grading in the floodplain so an analysis of the floodplain is not required. The storm sewer is being rebuilt along Nottingham Road to accommodate the project and Staff is requesting it be extended along the east side to Lot 1B because it is common for developers to construct infrastructure along its frontage and because constructing it later will impact the new landscaping. The project meets other drainage standards including stormwater quality treatment before the runoff enters Buck Creek. 80 From:Justin Hildreth To:Brian Garner Subject:FW: Buck Creek Traffic Study Date:Thursday, April 02, 2015 3:36:37 PM Attachments:LOS.pdf I forgot, he did not update the traffic study. We should attach this email to the traffic study that shows traffic will be at a level of service E for the left had turn movements existing Buck Creek Road and Swift Gulch Road. From: Charles.Buck [mailto:Charles.Buck@FHUENG.COM] Sent: Tuesday, March 03, 2015 12:22 PMTo: Justin HildrethCc: Matt Pielsticker; Aaron Brewster (aaron.brewster@nexcoregroup.com); Todd Varney(todd.varney@nexcoregroup.com)Subject: RE: Buck Creek Traffic Study Justin: The roundabout would likely be required when traffic operations at the intersection degrade to LOS E. To estimate when this might occur, given the data provided, I did a preliminary iterative analysis for the Nottingham Road/Swift Gulch Road intersection, as follows: · I used the recent count data provided for both Swift Gulch and Nottingham to extract/estimate exiting turning movements. · Based on the 85% of buildout estimate we discussed during the conference call a few weeks ago, I then calculated an annual growth rate to the year 2035 (assuming buildout occurs over a 20 year span). · I calculated background volumes at the intersection using this rate for five-year intervals and added in our site generated traffic. I have attached Synchro LOS worksheets based on the current STOP sign control. You will see that, under these estimated conditions, the existing LOS for the STOP controlled left- turn movement is at LOS C. With the addition of site generated traffic, the LOS for this movement would go to D, primarily due to the increase in through traffic on Nottingham. LOS D would be maintained through the 2020, 2025, and 2030 scenarios. By the year 2035 (representing buildout), the left-turn would go to LOS E. Therefore, given this projected growth trend, the roundabout would be a long-term improvement that would likely not be needed until development served by Nottingham Road approaches buildout. I hope this brief evaluation is helpful to you. Please let me know if you have questions or if I can provide additional information. Thanks, Charles Charles M. Buck, P.E., PTOE 81 Felsburg Holt & Ullevig 6300 S. Syracuse Way, Ste. 600 Centennial, CO 80111 tel 303.721.1440 fax 303.721.0832 From: Justin Hildreth [mailto:jhildreth@avon.org] Sent: Tuesday, March 03, 2015 8:21 AMTo: Charles.BuckCc: Matt Pielsticker; Aaron Brewster (aaron.brewster@nexcoregroup.com); Todd Varney (todd.varney@nexcoregroup.com)Subject: RE: Buck Creek Traffic Study This does contradict what our yearly traffic counts indicate. From 2008 to 2014, the traffic on Swift Gulch Road has varied from 1613 tpd to 1160 tpd, with 2012 being the lowest year. The closest undeveloped lot north of I-70 is by the Post Blvd interchange and I would expect most people would get on I70 rather than Swift Gulch Road to get to Avon Road. My concern is that 5800 VPD may indicate we need a roundabout at Swift Gulch/Nottingham when we don’t. At what volume would a roundabout be required at this intersection? From: Charles.Buck [mailto:Charles.Buck@FHUENG.COM] Sent: Monday, March 02, 2015 8:55 AMTo: Justin HildrethCc: Matt Pielsticker; Aaron Brewster (aaron.brewster@nexcoregroup.com); Todd Varney (todd.varney@nexcoregroup.com)Subject: RE: Buck Creek Traffic Study Justin: We based the peak hour traffic volumes at Nottingham/Swift Gulch on previous studies we conducted in 2009. I have attached two reports that deal with this intersection. The reports reference “recent traffic counts”, but I was unable to find the data in our electronic files, and all paper materials have long since been archived off-site. At that time, however, we estimated that the intersection met signal warrants, with a roundabout as a potential alternative. The peak hour volumes were extracted from our previous Synchro analysis worksheets and applied to the current Buck Creek PUD analysis. Typically, the PM peak hour represents approximately 10 percent of the total daily traffic volumes, so we calculated the PM peak hour two-way roadway volumes on Swift Gulch and multiplied by 10 to get the approximate daily traffic volume of 5,800 VPD. I hope this helps – please let me know if you have additional questions. Thanks, Charles Charles M. Buck, P.E., PTOE Felsburg Holt & Ullevig 6300 S. Syracuse Way, Ste. 600 Centennial, CO 80111 82 tel 303.721.1440 fax 303.721.0832 From: Justin Hildreth [mailto:jhildreth@avon.org] Sent: Friday, February 27, 2015 4:18 PMTo: Charles.BuckCc: Matt Pielsticker; Aaron Brewster (aaron.brewster@nexcoregroup.com); Todd Varney (todd.varney@nexcoregroup.com)Subject: Buck Creek Traffic Study Charles, I’m going through the Buck Creek traffic study and am curious where the 5800 tpd for Swift Gulch Road came from. We currently have 1,363 tpd on Swift Gulch Road and that is a 4x increase on that road. Thanks 83 March 9, 2015 Mr. Aaron Brewster Vice President Development & Construction Nexcore Group LLC 1621 18th Street, Suite 250 Denver, CO 80202 Re: Buck Creek Medical Building Traffic Impact Evaluation Avon, Colorado FHU Reference No. 115023-01 Dear Mr. Brewster: Current planning efforts relative to the Buck Creek Planned Unit Development (PUD) in Avon, Colorado have focused on the potential for a new medical office building to be located along the north side of Nottingham Road between Swift Gulch Road and Buck Creek Road. The proposed development would consist of an approximate 45,000 square foot medical office building. Other potential future site uses could include a fire station and a police station. Preliminary planning indicates an approximate 18,000 square foot fire station and an approximate 13,500 square foot police station. Figure 1 illustrates the current site plan concept. As shown, the medical office building would be located on the western portion of the site, adjacent to Buck Creek Road. The fire and police stations would occupy the eastern portion of the site, adjacent to Swift Gulch Road. As proposed, there would be two accesses to the medical office building: one full-movement access onto Nottingham Road, to serve underground structured parking for staff and long-term patients; and one full-movement access onto Buck Creek Road, to serve medical office patient parking as well as primary parking for the fire and police stations. There would be no internal connection between the underground parking structure and the surface parking areas. The fire and police stations would also have full-movement access onto Swift Gulch Road, primarily for emergency vehicle use. Two previous reports addressed the traffic impacts associated with this site:  Buck Creek PUD Traffic Impact Study, Kimley-Horn and Associates, Inc., September 2008.  Traffic Review and Intersection Evaluation, letter report to Mr. Justin Hildreth, P.E., Felsburg Holt & Ullevig, January 28, 2009. Because the proposed site plan represents a change from the previous Buck Creek PUD concept, the purpose of this letter report is to provide an updated evaluation of the potential traffic impacts, with a focus on the Nottingham Road intersections at Buck Creek Road and Swift Gulch Road. 84 March 9, 2015 Mr. Aaron Brewster Nexcore Group LLC Page 2 Trip Generation The travel demand associated with the proposed medical office building was estimated using data compiled and documented in Trip Generation, 9th Edition, Institute of Transportation Engineers (ITE), 2012. ITE rates were also used to estimate trips associated with the potential police station (rates for general office were utilized). The above referenced 2008 Kimley-Horn study provided estimates of the potential fire station trips based on operational information previously provided by the Eagle River Fire Department. Because ITE does not provide data on fire stations, these previous estimates have been carried through in this updated evaluation. Table 1 summarizes the resultant trip generation potential of the current site plan concept. Table 1. Trip Generation Analysis Land Use Quantity (KSF) Daily Trips AM Peak Hour Trips PM Peak Hour Trips In Out Total In Out Total Medical Office Building(1) 45.0 1,630852511045 115 160 Police Station(2) 13.5 150155205 15 20 Fire Station(3) 10.0 901010205 10 15 Total1,8701104015055 140 195 1. ITE Land Use Code 720 Medical Office Building. 2. ITE Land Use Code 710 General Office Building (specific rates for Police Station are not available). 3. Trip Generation extracted from Buck Creek PUD Traffic Impact Study, Kimley-Horn and Associates, Inc., September 2008. As indicated above, the proposed medical office building would generate about 1,630 trips on a daily basis, with about 110 trips during the AM peak hour and about 160 trips during the PM peak hour. The potential fire and police stations would bring the total site traffic to about 1,870 daily trips, including 150 AM peak hour trips and 195 PM peak hour trips. Site Traffic Assignment The trip distribution estimates documented in the 2008 Kimley-Horn report were modified to include site traffic impacts to Swift Gulch Road. The following distribution percentages, depicted on the attached Figure 2, were used to assign the above trip generation estimates to the adjacent roadways:  79 percent oriented to/from the southeast via Nottingham Road  18 percent oriented to/from the west via Nottingham Road  2 percent oriented to/from the east via Swift Gulch Road  1 percent oriented to/from the north via Buck Creek Road Figure 2 also depicts the resultant site generated traffic assignment. As shown, the site is projected to contribute approximately 1,480 vehicles per day (VPD) to Nottingham Road southeast of the site and approximately 330 VPD to the west. Swift Gulch Road would experience site traffic of about 40 VPD, while Buck Creek Road would experience about 20 VPD in site related volumes. 85 March 9, 2015 Mr. Aaron Brewster Nexcore Group LLC Page 3 Background Traffic Conditions Background traffic represents adjacent roadway volumes that are unrelated to site development. For this analysis, buildout conditions were estimated based on an approximate 85 percent level of development along Nottingham Road using count data extracted from the 2008 Kimley-Horn report. These volumes were augmented and adjusted using recent traffic count data contained in the August 28, 2014 annual traffic count report prepared by TDA Colorado for the Town of Avon. Figure 3 depicts the resultant long-term background traffic volumes. As shown, Nottingham Road would carry daily volumes in the range of 12,000 to 12,100 VPD. Swift Gulch Road would carry about 1,600 VPD, and Buck Creek Road would carry about 450 VPD in background traffic. The AM and PM peak hour volumes, depicted on Figure 3, were used to determine the background intersection Levels of Service (LOS) using SYNCHRO, a computerized traffic analysis tool (SYNCHRO worksheets are attached). LOS is a qualitative assessment of the traffic flow characteristics described by a letter designation ranging from “A” to “F.” LOS A represents traffic conditions with essentially uninterrupted flow and minimal delay, whereas LOS F represents excessive congestion and delay. In developed areas, LOS D is typically considered to be acceptable for peak hour intersection operations. Figure 3 also shows the LOS results for the background traffic conditions. As indicated, unsignalized operations at the Nottingham Road/Swift Gulch Road intersection would be acceptable (LOS D or better) under the existing STOP sign control. At the Nottingham Road/Buck Creek Road intersection, traffic operations would be at LOS D or better during peak times. Existing study area accesses would also operate at acceptable LOS under background conditions. Total Traffic Conditions The site generated traffic volumes (Figure 2) were added to the buildout background traffic volumes (Figure 3) to produce the total traffic volumes shown on Figure 4. As shown, total daily volumes along Nottingham Road would range from approximately 12,330 to 13,580 VPD in the vicinity of the site. Swift Gulch Road would carry about 1,640 VPD, and Buck Creek Road would carry about 470 VPD in total traffic volumes. The total peak hour traffic volumes were used to conduct LOS analyses; the results of which are also summarized on Figure 4. It can be seen that the proposed site access onto Buck Creek Road would operate acceptably, at LOS A during peak times, under STOP sign control (westbound approach). The proposed site access onto Swift Gulch Road would also operate acceptably as an unsignalized intersection, at LOS A or B during the peak hours. As indicated, unsignalized operations at Nottingham Road/Swift Gulch Road would experience delays for side-street left-turn movements (LOS E) during the PM peak hour. This condition is typical for unsignalized operations along busy roadways, and is due primarily to the relatively high through-movements projected along Nottingham Road. Note that this condition is anticipated for PM peak hour operations; the AM peak hour LOS would remain within acceptable limits. Per our January 2009 letter report, this intersection would be a candidate for a traffic signal or roundabout in the future to maintain traffic operations at acceptable levels. The roundabout alternative is also identified in the Town of Avon Comprehensive Transportation Plan, Felsburg Holt & Ullevig, October 2009. The planned roundabout would operate at LOS B during peak times. 86 March 9, 2015 Mr. Aaron Brewster Nexcore Group LLC Page 4 At the proposed site access to Nottingham Road, AM peak hour operations would be within acceptable limits, at LOS C or better. During the PM peak hour, however, the STOP controlled site movements are projected to be at LOS E, indicating near-capacity conditions. Because of the short spacing (approximately 170 feet to Buck Creek Road and 220 feet to Swift Gulch Road) and due to the relatively low traffic volumes exiting the site, this access would not be a candidate for traffic control improvements (such as a signal or roundabout). It should be noted that any congestion associated with the projected LOS E would affect only outbound site traffic (primarily left-turns), and any resultant queuing would remain on-site. Thus, potential impacts to mainline operations along Nottingham Road would be minimal. Per the LOS analyses, the maximum probable queue length for motorists exiting the site would be only about two or three vehicles in the PM peak hour. The intersection at Nottingham Road/Buck Creek Road would also operate within acceptable limits during the AM peak hour. During the PM peak hour, however, the southbound left-turn movements are projected to be at LOS E, indicating near-capacity conditions. As previously noted, this condition is due to the relatively heavy through-movements projected along Nottingham Road. Per our January 2009 letter report, the Nottingham Road/Buck Creek Road intersection would not be a candidate for signalization based on criteria contained in the Manual on Uniform Traffic Control Devices (MUTCD), Federal Highway Administration, current edition (2009). Similar to the site access, however, any potential congestion would affect only the minor volumes on Buck Creek Road, and would not be expected to impact mainline operations. Per the LOS analyses, the maximum probable queue length for vehicles turning left onto Nottingham Road would be only two or three vehicles in the PM peak hour. Based on an average vehicle length of 25 feet, a maximum storage requirement of 75 feet is indicated, which is well within the 100 feet of left-turn storage currently provided. Potential Mitigation Measures As previously indicated, the proposed site access onto Swift Gulch Road, which would serve the potential future fire and police stations, would operate at acceptable LOS. However, the Town of Avon has identified a potential concern related to westbound traffic on Swift Gulch Road approaching this access. Because the proposed access would occur on a downgrade, and due to the horizontal alignment of Swift Gulch Road, the potential exists for westbound motorists to miss the curve and drive directly into the site access, particularly at night or during inclement weather. To alert approaching motorists to this potential hazard, westbound Swift Gulch Road approaching the access should be appropriately signed and delineated. 87 88 Si t e P l a n Fi g u r e 1 Bu c k C r e e k M e d i c a l O f ﬁ c e s T I A , 1 5 0 2 3 - 0 1 , 1 / 2 7 / 1 5 NO R T H FE L S B U R G HO L T & UL L E V I G 89 Site Generated Trafﬁc Assignment Figure 2 Buck Creek Medical Ofﬁces TIA, 15023-01, 2/2/15 NORTH FELSBURG HOLT& ULLEVIG SITE = AM(PM) Peak Hour Trafﬁc Volumes = Daily Trafﬁc Volumes = Site Trip Distribution XXX(XXX) LEGEND XX% XXXX N ottin g h a m R d S w i ft Gulch Rd B u c k C r e e k R d 18 % 1 8 % 1%1% 330 2%2% 20 40 7 9 % 7 9 % 1 4 8 0 1(1) 1( 1 ) 16 ( 6 6 ) 51( 2 3 ) 44(1 9 ) 4(14 ) 3(1 0 ) 13( 5 7 ) 7(4)12(6) 44( 2 3 ) 45( 2 0 ) 3(1 3 ) 17( 5 6 ) 11(5 )14( 5 8 ) 1(1 ) 87 ( 4 1 ) 2(2) 1(1) 2( 2 ) 29 ( 1 1 2 ) 1(1) 1(1) 1 ( 1 ) 2 ( 2 ) 2(2) 1(1) 90 Background Trafﬁc Conditions Figure 3 Buck Creek Medical Ofﬁces TIA, 15023-01, 2/9/15 NORTH FELSBURG HOLT& ULLEVIG SITE = AM(PM) Peak Hour Trafﬁc Volumes = Daily Trafﬁc Volumes = AM/PM Peak Hour Level of Service = Stop Sign XXX(XXX) LEGEND XXXX X/X N ottin g h a m R d S w i ft Gulch Rd B u c k C r e e k R d 12,0 0 0 450 1600 1 2 , 1 0 0 A/ A A/A A/A B/B C/D B/B B/C A/ A B/ B C/D A/A A/A 3(3 ) 19( 1 2 ) 18 ( 2 4 ) 3 4 7 ( 5 4 2 ) 35(4 5 ) 18(2 4 ) 34 ( 4 7 ) 40 6 ( 4 5 9 ) 53(69) 52(7 1 ) 17(5 ) 1(1) 1(1 ) 5( 1 0 ) 25( 3 9 ) 10( 5 ) 33(4 2 ) 344( 5 4 3 ) 2(5) 2(2)416( 4 8 6 ) 2(4) 2(1 ) 5(5 ) 37 7 ( 5 8 5 ) 5(2 ) 435( 5 0 1 ) 5(2) 2(5 ) 2(5 ) 91 Total Trafﬁc Conditions Figure 4 Buck Creek Medical Ofﬁces TIA, 15023-01, 2/9/15 NORTH FELSBURG HOLT& ULLEVIG SITE = AM(PM) Peak Hour Trafﬁc Volumes = Daily Trafﬁc Volumes = AM/PM Peak Hour Level of Service = Stop Sign XXX(XXX) LEGEND XXXX X/X O R Roundabout N ottin g h a m R d S w i ft Gulch Rd B u c k C r e e k R d 1640 1 3 , 5 8 0 12,3 3 0 470 A/ A A/A A/A B/B C/E B/B B/ B C/E A/A A/A A/ A C/E C/C A/ A A/B A/B A/A 6(1 3 ) 32( 6 9 ) 19 ( 2 5 ) 4 3 4 ( 5 8 3 ) 37(4 7 ) 19(2 5 ) 36 ( 4 9 ) 43 5 ( 5 7 1 ) 17(5 ) 2(2) 2( 2 ) 21 ( 7 7 ) 25( 3 9 ) 61( 2 8 ) 77(6 1 ) 348( 5 5 7 ) 2(5) 9(6)428( 4 9 2 ) 2(4) 2(1 ) 5(5 ) 2(5 ) 2(5 ) 3(1 3 ) 17( 5 6 ) 1(1) 54(70) 1 ( 1 ) 2 ( 2 ) 2(2) 53(72 ) 44( 2 3 ) 42 2 ( 6 0 5 ) 5(2) 11(5 ) 449 ( 5 5 9 ) 5(2) 92 HCM 2010 TWSC Background AM Peak Hour 3: Buck Creek Road & Nottingham Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Background AM Synchro 8 ReportFHU Reference No. 15-023-01 Page 1 Intersection Int Delay, s/veh0.6 Movement EBLEBTEBRWBLWBTWBRNBLNBTNBRSBLSBTSBR Vol, veh/h 241622344332051903Conflicting Peds, #/hr000000000000Sign Control FreeFreeFreeFreeFreeFreeStopStopStopStopStopStopRT Channelized --None --None --None --NoneStorage Length ---------200-0Veh in Median Storage, #-0--0--0--0-Grade, %-0--0--0--0-Peak Hour Factor 929292929292929292929292Heavy Vehicles, %222222222222Mvmt Flow245222374362052103 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All4100045400854872453856855392 Stage 1------458458-396396- Stage 2 ------396414-460459-Critical Hdwy 4.12--4.12--7.126.526.227.126.526.22Critical Hdwy Stg 1 ------6.125.52-6.125.52-Critical Hdwy Stg 2 ------6.125.52-6.125.52-Follow-up Hdwy 2.218--2.218--3.5184.0183.3183.5184.0183.318Pot Cap-1 Maneuver1149--1107--279289607278296657 Stage 1 ------583567-629604- Stage 2 ------629593-581566-Platoon blocked, %----Mov Cap-1 Maneuver1149--1107--277288607275295657Mov Cap-2 Maneuver ------277288-275295- Stage 1 ------582566-628603- Stage 2 ------625592-575565- Approach EB WB NB SB HCM Control Delay, s0 0 13.1 18HCM LOS B C Minor Lane/Major MvmtNBLn1EBLEBTEBRWBLWBTWBRSBLn1SBLn2 Capacity (veh/h)4531149--1107--275657HCM Lane V/C Ratio0.0170.002--0.002--0.0750.005HCM Control Delay (s)13.18.10-8.30-19.210.5HCM Lane LOS BAA-AA-CBHCM 95th %tile Q(veh)0.10--0--0.20 93 HCM 2010 TWSC Background AM Peak Hour 6: Access & Nottingham Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Background AM Synchro 8 ReportFHU Reference No. 15-023-01 Page 2 Intersection Int Delay, s/veh0.1 Movement EBTEBRWBLWBT NBLNBR Vol, veh/h 43555377 22Conflicting Peds, #/hr 0000 00Sign Control FreeFreeFreeFree StopStopRT Channelized -None -None -NoneStorage Length ----0 -Veh in Median Storage, #0--0 0 -Grade, %0--0 0 -Peak Hour Factor 92929292 9292Heavy Vehicles, %2222 22Mvmt Flow 47355410 22 Major/Minor Major1 Major2 Minor1 Conflicting Flow All 004780 897476 Stage 1 ----476 - Stage 2 ----421 -Critical Hdwy --4.12-6.426.22Critical Hdwy Stg 1 ----5.42 -Critical Hdwy Stg 2 ----5.42 -Follow-up Hdwy --2.218-3.5183.318Pot Cap-1 Maneuver --1084-310589 Stage 1 ----625 - Stage 2 ----662 -Platoon blocked, %---Mov Cap-1 Maneuver --1084-308589Mov Cap-2 Maneuver ----308 - Stage 1 ----625 - Stage 2 ----658 - Approach EB WB NB HCM Control Delay, s 0 0.1 14HCM LOS B Minor Lane/Major MvmtNBLn1EBTEBRWBLWBT Capacity (veh/h)404--1084-HCM Lane V/C Ratio0.011--0.005-HCM Control Delay (s)14--8.30HCM Lane LOS B--AAHCM 95th %tile Q(veh)0--0- 94 HCM 2010 TWSC Background AM Peak Hour 9: Buck Creek Road & Access 3/5/2015 Buck Creek PUD TIA 1/26/2015 Background AM Synchro 8 ReportFHU Reference No. 15-023-01 Page 3 Intersection Int Delay, s/veh3 Movement WBLWBR NBTNBRSBLSBT Vol, veh/h 51 2510171Conflicting Peds, #/hr00 0000Sign Control StopStop FreeFreeFreeFreeRT Channelized -None -None -NoneStorage Length 0 -----Veh in Median Storage, #0 -0--0Grade, %0 -0--0Peak Hour Factor 9292 92929292Heavy Vehicles, %22 2222Mvmt Flow512711181 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 7133 00380 Stage 1 33 ----- Stage 2 38 -----Critical Hdwy 6.426.22 --4.12-Critical Hdwy Stg 15.42 -----Critical Hdwy Stg 25.42 -----Follow-up Hdwy 3.5183.318 --2.218-Pot Cap-1 Maneuver9331041 --1572- Stage 1 989 ----- Stage 2 984 -----Platoon blocked, %---Mov Cap-1 Maneuver9231041 --1572-Mov Cap-2 Maneuver923 ----- Stage 1 989 ----- Stage 2 973 ----- Approach WB NB SB HCM Control Delay, s8.9 0 6.9HCM LOS A Minor Lane/Major MvmtNBTNBRWBLn1SBLSBT Capacity (veh/h)--9411572-HCM Lane V/C Ratio --0.0070.012-HCM Control Delay (s)--8.97.30HCM Lane LOS --AAAHCM 95th %tile Q(veh)--00- 95 HCM 2010 TWSC Background AM Peak Hour 12: Nottingham Road & Swift Gulch Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Background AM Synchro 8 ReportFHU Reference No. 15-023-01 Page 4 Intersection Int Delay, s/veh1.1 Movement EBLEBT WBTWBRSBLSBR Vol, veh/h 34406 347181835Conflicting Peds, #/hr00 0000Sign Control FreeFree FreeFreeStopStopRT Channelized -None -None -NoneStorage Length ----2000Veh in Median Storage, #-0 0-0 -Grade, %-0 0-0 -Peak Hour Factor 9292 92929292Heavy Vehicles, %22 2222Mvmt Flow 37441 377202038 Major/Minor Major1 Major2 Minor2 Conflicting Flow All3970 -0902387 Stage 1 ----387 - Stage 2 ----515 -Critical Hdwy 4.12---6.426.22Critical Hdwy Stg 1 ----5.42 -Critical Hdwy Stg 2 ----5.42 -Follow-up Hdwy 2.218---3.5183.318Pot Cap-1 Maneuver1162---308661 Stage 1 ----686 - Stage 2 ----600 -Platoon blocked, %---Mov Cap-1 Maneuver1162---295661Mov Cap-2 Maneuver ----295 - Stage 1 ----686 - Stage 2 ----575 - Approach EB WB SB HCM Control Delay, s0.6 0 13.3HCM LOS B Minor Lane/Major MvmtEBLEBTWBTWBRSBLn1SBLn2 Capacity (veh/h)1162---295661HCM Lane V/C Ratio0.032---0.0660.058HCM Control Delay (s)8.20--18.110.8HCM Lane LOS AA--CBHCM 95th %tile Q(veh)0.1---0.20.2 96 HCM 2010 TWSC Background PM Peak Hour 3: Buck Creek Road & Nottingham Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Background PM Synchro 8 ReportFHU Reference No. 15-023-01 Page 1 Intersection Int Delay, s/veh0.5 Movement EBLEBTEBRWBLWBTWBRNBLNBTNBRSBLSBTSBR Vol, veh/h 248645543421051203Conflicting Peds, #/hr000000000000Sign Control FreeFreeFreeFreeFreeFreeStopStopStopStopStopStopRT Channelized --None --None --None --NoneStorage Length ---------200-0Veh in Median Storage, #-0--0--0--0-Grade, %-0--0--0--0-Peak Hour Factor 929292929292929292929292Heavy Vehicles, %222222222222Mvmt Flow252845590461051303 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All63600533001159118253011621161613 Stage 1------535535-624624- Stage 2 ------624647-538537-Critical Hdwy 4.12--4.12--7.126.526.227.126.526.22Critical Hdwy Stg 1 ------6.125.52-6.125.52-Critical Hdwy Stg 2 ------6.125.52-6.125.52-Follow-up Hdwy 2.218--2.218--3.5184.0183.3183.5184.0183.318Pot Cap-1 Maneuver947--1035--173190549172195492 Stage 1 ------529524-473478- Stage 2 ------473467-527523-Platoon blocked, %----Mov Cap-1 Maneuver947--1035--170188549169193492Mov Cap-2 Maneuver ------170188-169193- Stage 1 ------527522-472474- Stage 2 ------466463-520521- Approach EB WB NB SB HCM Control Delay, s0 0.1 14.1 25HCM LOS B D Minor Lane/Major MvmtNBLn1EBLEBTEBRWBLWBTWBRSBLn1SBLn2 Capacity (veh/h)400947--1035--169492HCM Lane V/C Ratio0.0160.002--0.005--0.0770.007HCM Control Delay (s)14.18.80-8.50-28.112.4HCM Lane LOS BAA-AA-DBHCM 95th %tile Q(veh)0.10--0--0.20 97 HCM 2010 TWSC Background PM Peak Hour 6: Access & Nottingham Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Background PM Synchro 8 ReportFHU Reference No. 15-023-01 Page 2 Intersection Int Delay, s/veh0.2 Movement EBTEBRWBLWBT NBLNBR Vol, veh/h 50122585 55Conflicting Peds, #/hr 0000 00Sign Control FreeFreeFreeFree StopStopRT Channelized -None -None -NoneStorage Length ----0 -Veh in Median Storage, #0--0 0 -Grade, %0--0 0 -Peak Hour Factor 92929292 9292Heavy Vehicles, %2222 22Mvmt Flow 54522636 55 Major/Minor Major1 Major2 Minor1 Conflicting Flow All 005470 1186546 Stage 1 ----546 - Stage 2 ----640 -Critical Hdwy --4.12-6.426.22Critical Hdwy Stg 1 ----5.42 -Critical Hdwy Stg 2 ----5.42 -Follow-up Hdwy --2.218-3.5183.318Pot Cap-1 Maneuver --1022-208538 Stage 1 ----580 - Stage 2 ----525 -Platoon blocked, %---Mov Cap-1 Maneuver --1022-207538Mov Cap-2 Maneuver ----207 - Stage 1 ----580 - Stage 2 ----523 - Approach EB WB NB HCM Control Delay, s 0 0 17.5HCM LOS C Minor Lane/Major MvmtNBLn1EBTEBRWBLWBT Capacity (veh/h)299--1022-HCM Lane V/C Ratio0.036--0.002-HCM Control Delay (s)17.5--8.50HCM Lane LOS C--AAHCM 95th %tile Q(veh)0.1--0- 98 HCM 2010 TWSC Background PM Peak Hour 9: Buck Creek Road & Access 3/5/2015 Buck Creek PUD TIA 1/26/2015 Background PM Synchro 8 ReportFHU Reference No. 15-023-01 Page 3 Intersection Int Delay, s/veh2.2 Movement WBLWBR NBTNBRSBLSBT Vol, veh/h 101 39551Conflicting Peds, #/hr00 0000Sign Control StopStop FreeFreeFreeFreeRT Channelized -None -None -NoneStorage Length 0 -----Veh in Median Storage, #0 -0--0Grade, %0 -0--0Peak Hour Factor 9292 92929292Heavy Vehicles, %22 2222Mvmt Flow11142551 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 5745 00480 Stage 1 45 ----- Stage 2 12 -----Critical Hdwy 6.426.22 --4.12-Critical Hdwy Stg 15.42 -----Critical Hdwy Stg 25.42 -----Follow-up Hdwy 3.5183.318 --2.218-Pot Cap-1 Maneuver9501025 --1559- Stage 1 977 ----- Stage 2 1011 -----Platoon blocked, %---Mov Cap-1 Maneuver9471025 --1559-Mov Cap-2 Maneuver947 ----- Stage 1 977 ----- Stage 2 1008 ----- Approach WB NB SB HCM Control Delay, s8.8 0 6.1HCM LOS A Minor Lane/Major MvmtNBTNBRWBLn1SBLSBT Capacity (veh/h)--9541559-HCM Lane V/C Ratio --0.0130.003-HCM Control Delay (s)--8.87.30HCM Lane LOS --AAAHCM 95th %tile Q(veh)--00- 99 HCM 2010 TWSC Background PM Peak Hour 12: Nottingham Road & Swift Gulch Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Background PM Synchro 8 ReportFHU Reference No. 15-023-01 Page 4 Intersection Int Delay, s/veh1.4 Movement EBLEBT WBTWBRSBLSBR Vol, veh/h 47459 542242445Conflicting Peds, #/hr00 0000Sign Control FreeFree FreeFreeStopStopRT Channelized -None -None -NoneStorage Length ----2000Veh in Median Storage, #-0 0-0 -Grade, %-0 0-0 -Peak Hour Factor 9292 92929292Heavy Vehicles, %22 2222Mvmt Flow 51499 589262649 Major/Minor Major1 Major2 Minor2 Conflicting Flow All6150 -01203602 Stage 1 ----602 - Stage 2 ----601 -Critical Hdwy 4.12---6.426.22Critical Hdwy Stg 1 ----5.42 -Critical Hdwy Stg 2 ----5.42 -Follow-up Hdwy 2.218---3.5183.318Pot Cap-1 Maneuver965---204500 Stage 1 ----547 - Stage 2 ----547 -Platoon blocked, %---Mov Cap-1 Maneuver965---189500Mov Cap-2 Maneuver ----189 - Stage 1 ----547 - Stage 2 ----507 - Approach EB WB SB HCM Control Delay, s0.8 0 17.9HCM LOS C Minor Lane/Major MvmtEBLEBTWBTWBRSBLn1SBLn2 Capacity (veh/h)965---189500HCM Lane V/C Ratio0.053---0.1380.098HCM Control Delay (s)8.90--27.113HCM Lane LOS AA--DBHCM 95th %tile Q(veh)0.2---0.50.3 100 HCM 2010 TWSC Total Traffic AM Peak Hour 3: Buck Creek Road & Nottingham Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic AM Synchro 8 ReportFHU Reference No. 15-023-01 Page 1 Intersection Int Delay, s/veh1.2 Movement EBLEBTEBRWBLWBTWBRNBLNBTNBRSBLSBTSBR Vol, veh/h 942822348772053706Conflicting Peds, #/hr000000000000Sign Control FreeFreeFreeFreeFreeFreeStopStopStopStopStopStopRT Channelized --None --None --None --NoneStorage Length ---------200-0Veh in Median Storage, #-0--0--0--0-Grade, %-0--0--0--0-Peak Hour Factor 929292929292929292929292Heavy Vehicles, %222222222222Mvmt Flow1046522378842054007 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All4620046700910952466913911420 Stage 1------486486-424424- Stage 2 ------424466-489487-Critical Hdwy 4.12--4.12--7.126.526.227.126.526.22Critical Hdwy Stg 1 ------6.125.52-6.125.52-Critical Hdwy Stg 2 ------6.125.52-6.125.52-Follow-up Hdwy 2.218--2.218--3.5184.0183.3183.5184.0183.318Pot Cap-1 Maneuver1099--1094--255259597254274633 Stage 1 ------563551-608587- Stage 2 ------608562-561550-Platoon blocked, %----Mov Cap-1 Maneuver1099--1094--250255597249270633Mov Cap-2 Maneuver ------250255-249270- Stage 1 ------556544-601586- Stage 2 ------601561-549543- Approach EB WB NB SB HCM Control Delay, s0.2 0 13.6 20.6HCM LOS B C Minor Lane/Major MvmtNBLn1EBLEBTEBRWBLWBTWBRSBLn1SBLn2 Capacity (veh/h)4271099--1094--249633HCM Lane V/C Ratio0.0180.009--0.002--0.1620.01HCM Control Delay (s)13.68.30-8.30-22.210.7HCM Lane LOS BAA-AA-CBHCM 95th %tile Q(veh)0.10--0--0.60 101 HCM 2010 TWSC Total Traffic AM Peak Hour 6: Access & Nottingham Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic AM Synchro 8 ReportFHU Reference No. 15-023-01 Page 2 Intersection Int Delay, s/veh0.7 Movement EBLEBTEBRWBLWBTWBRNBLNBTNBRSBLSBTSBR Vol, veh/h 1144955422442021703Conflicting Peds, #/hr000000000000Sign Control FreeFreeFreeFreeFreeFreeStopStopStopStopStopStopRT Channelized --None --None --None --NoneStorage Length ------------Veh in Median Storage, #-0--0--0--0-Grade, %-0--0--0--0-Peak Hour Factor 929292929292929292929292Heavy Vehicles, %222222222222Mvmt Flow1248855459482021803 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All50700493001010103249110091010483 Stage 1------515515-493493- Stage 2 ------495517-516517-Critical Hdwy 4.12--4.12--7.126.526.227.126.526.22Critical Hdwy Stg 1 ------6.125.52-6.125.52-Critical Hdwy Stg 2 ------6.125.52-6.125.52-Follow-up Hdwy 2.218--2.218--3.5184.0183.3183.5184.0183.318Pot Cap-1 Maneuver1058--1071--218233578219240584 Stage 1 ------543535-558547- Stage 2 ------556534-542534-Platoon blocked, %----Mov Cap-1 Maneuver1058--1071--213228578214235584Mov Cap-2 Maneuver ------213228-214235- Stage 1 ------534526-549543- Stage 2 ------549530-531525- Approach EB WB NB SB HCM Control Delay, s0.2 0.1 16.7 21.8HCM LOS C C Minor Lane/Major MvmtNBLn1EBLEBTEBRWBLWBTWBRSBLn1 Capacity (veh/h)3111058--1071--236HCM Lane V/C Ratio0.0140.011--0.005--0.092HCM Control Delay (s)16.78.40-8.40-21.8HCM Lane LOS CAA-AA-CHCM 95th %tile Q(veh)00--0--0.3 102 HCM 2010 TWSC Total Traffic AM Peak Hour 9: Buck Creek Road & Access 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic AM Synchro 8 ReportFHU Reference No. 15-023-01 Page 3 Intersection Int Delay, s/veh1.7 Movement WBLWBR NBTNBRSBLSBT Vol, veh/h 212 2561217Conflicting Peds, #/hr00 0000Sign Control StopStop FreeFreeFreeFreeRT Channelized -None -None -NoneStorage Length 0 -----Veh in Median Storage, #0 -0--0Grade, %0 -0--0Peak Hour Factor 9292 92929292Heavy Vehicles, %22 2222Mvmt Flow2322766218 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 8360 00930 Stage 1 60 ----- Stage 2 23 -----Critical Hdwy 6.426.22 --4.12-Critical Hdwy Stg 15.42 -----Critical Hdwy Stg 25.42 -----Follow-up Hdwy 3.5183.318 --2.218-Pot Cap-1 Maneuver9191005 --1501- Stage 1 963 ----- Stage 2 1000 -----Platoon blocked, %---Mov Cap-1 Maneuver9181005 --1501-Mov Cap-2 Maneuver918 ----- Stage 1 963 ----- Stage 2 999 ----- Approach WB NB SB HCM Control Delay, s9 0 0.8HCM LOS A Minor Lane/Major MvmtNBTNBRWBLn1SBLSBT Capacity (veh/h)--9251501-HCM Lane V/C Ratio --0.0270.001-HCM Control Delay (s)--97.40HCM Lane LOS --AAAHCM 95th %tile Q(veh)--0.10- 103 HCM 2010 TWSC Total Traffic AM Peak Hour 11: Swift Gulch Road & Access 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic AM Synchro 8 ReportFHU Reference No. 15-023-01 Page 4 Intersection Int Delay, s/veh0.4 Movement EBLEBRNBLNBT SBTSBR Vol, veh/h 12253 541Conflicting Peds, #/hr0000 00Sign Control StopStopFreeFree FreeFreeRT Channelized -None -None -NoneStorage Length 0 -----Veh in Median Storage, #0 --0 0-Grade, %0 --0 0-Peak Hour Factor 92929292 9292Heavy Vehicles, %2222 22Mvmt Flow 12258 591 Major/Minor Minor2 Major1 Major2 Conflicting Flow All12159600 -0 Stage 1 59 ----- Stage 2 62 -----Critical Hdwy 6.426.224.12---Critical Hdwy Stg 15.42 -----Critical Hdwy Stg 25.42 -----Follow-up Hdwy 3.5183.3182.218---Pot Cap-1 Maneuver87410071544--- Stage 1 964 ----- Stage 2 961 -----Platoon blocked, %---Mov Cap-1 Maneuver87310071544---Mov Cap-2 Maneuver873 ----- Stage 1 964 ----- Stage 2 960 ----- Approach EB NB SB HCM Control Delay, s8.8 0.3 0HCM LOS A Minor Lane/Major MvmtNBLNBTEBLn1SBTSBR Capacity (veh/h)1544-958--HCM Lane V/C Ratio0.001-0.003--HCM Control Delay (s)7.308.8--HCM Lane LOS AAA--HCM 95th %tile Q(veh)0-0-- 104 HCM 2010 TWSC Total Traffic AM Peak Hour 12: Nottingham Road & Swift Gulch Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic AM Synchro 8 ReportFHU Reference No. 15-023-01 Page 5 Intersection Int Delay, s/veh1.1 Movement EBLEBT WBTWBRSBLSBR Vol, veh/h 36435 434191937Conflicting Peds, #/hr00 0000Sign Control FreeFree FreeFreeStopStopRT Channelized -None -None -NoneStorage Length ----2000Veh in Median Storage, #-0 0-0 -Grade, %-0 0-0 -Peak Hour Factor 9292 92929292Heavy Vehicles, %22 2222Mvmt Flow 39473 472212140 Major/Minor Major1 Major2 Minor2 Conflicting Flow All4920 -01033482 Stage 1 ----482 - Stage 2 ----551 -Critical Hdwy 4.12---6.426.22Critical Hdwy Stg 1 ----5.42 -Critical Hdwy Stg 2 ----5.42 -Follow-up Hdwy 2.218---3.5183.318Pot Cap-1 Maneuver1071---258584 Stage 1 ----621 - Stage 2 ----577 -Platoon blocked, %---Mov Cap-1 Maneuver1071---245584Mov Cap-2 Maneuver ----245 - Stage 1 ----621 - Stage 2 ----549 - Approach EB WB SB HCM Control Delay, s0.6 0 14.8HCM LOS B Minor Lane/Major MvmtEBLEBTWBTWBRSBLn1SBLn2 Capacity (veh/h)1071---245584HCM Lane V/C Ratio0.037---0.0840.069HCM Control Delay (s)8.50--2111.6HCM Lane LOS AA--CBHCM 95th %tile Q(veh)0.1---0.30.2 105 HCM 2010 Roundabout Total Traffic AM Peak Hour 12: Nottingham Road & Swift Gulch Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic AM w/ Roundabout Synchro 8 ReportFHU Reference No. 15-023-01 Page 1 Intersection Intersection Delay, s/veh8.4Intersection LOS A Approach EB WB SB Entry Lanes 1 1 1Conflicting Circle Lanes 1 1 1Adj Approach Flow, veh/h 512 493 61Demand Flow Rate, veh/h 522 502 62Vehicles Circulating, veh/h 21 40 481Vehicles Exiting, veh/h 522 503 61Follow-Up Headway, s 3.186 3.186 3.186Ped Vol Crossing Leg, #/h 0 0 0Ped Cap Adj 1.000 1.000 1.000Approach Delay, s/veh 8.6 8.6 6.2Approach LOS A A A Lane Left Left Left Designated Moves LT TR LRAssumed Moves LT TR LRRT ChannelizedLane Util1.0001.0001.000Critical Headway, s5.193 5.193 5.193Entry Flow, veh/h 522 502 62Cap Entry Lane, veh/h1106 1086 698Entry HV Adj Factor0.980 0.981 0.984Flow Entry, veh/h 512 493 61Cap Entry, veh/h 1084 1065 687V/C Ratio 0.472 0.462 0.089Control Delay, s/veh8.6 8.6 6.2LOSAAA95th %tile Queue, veh3 2 0 106 HCM 2010 TWSC Total Traffic PM Peak Hour 3: Buck Creek Road & Nottingham Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic PM Synchro 8 ReportFHU Reference No. 15-023-01 Page 1 Intersection Int Delay, s/veh3 Movement EBLEBTEBRWBLWBTWBRNBLNBTNBRSBLSBTSBR Vol, veh/h 6492455576110569013Conflicting Peds, #/hr000000000000Sign Control FreeFreeFreeFreeFreeFreeStopStopStopStopStopStopRT Channelized --None --None --None --NoneStorage Length ---------200-0Veh in Median Storage, #-0--0--0--0-Grade, %-0--0--0--0-Peak Hour Factor 929292929292929292929292Heavy Vehicles, %222222222222Mvmt Flow7535456056610575014 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All67200539001199123353712021201639 Stage 1------550550-649649- Stage 2 ------649683-553552-Critical Hdwy 4.12--4.12--7.126.526.227.126.526.22Critical Hdwy Stg 1 ------6.125.52-6.125.52-Critical Hdwy Stg 2 ------6.125.52-6.125.52-Follow-up Hdwy 2.218--2.218--3.5184.0183.3183.5184.0183.318Pot Cap-1 Maneuver919--1029--162177544161185476 Stage 1 ------519516-458466- Stage 2 ------458449-517515-Platoon blocked, %----Mov Cap-1 Maneuver919--1029--155174544157182476Mov Cap-2 Maneuver ------155174-157182- Stage 1 ------513510-453462- Stage 2 ------441445-506509- Approach EB WB NB SB HCM Control Delay, s0.1 0.1 14.5 41.8HCM LOS B E Minor Lane/Major MvmtNBLn1EBLEBTEBRWBLWBTWBRSBLn1SBLn2 Capacity (veh/h)384919--1029--157476HCM Lane V/C Ratio0.0170.007--0.005--0.4780.03HCM Control Delay (s)14.58.90-8.50-47.312.8HCM Lane LOS BAA-AA-EBHCM 95th %tile Q(veh)0.10--0--2.20.1 107 HCM 2010 TWSC Total Traffic PM Peak Hour 6: Access & Nottingham Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic PM Synchro 8 ReportFHU Reference No. 15-023-01 Page 2 Intersection Int Delay, s/veh2.8 Movement EBLEBTEBRWBLWBTWBRNBLNBTNBRSBLSBTSBR Vol, veh/h 5559226052350556013Conflicting Peds, #/hr000000000000Sign Control FreeFreeFreeFreeFreeFreeStopStopStopStopStopStopRT Channelized --None --None --None --NoneStorage Length ------------Veh in Median Storage, #-0--0--0--0-Grade, %-0--0--0--0-Peak Hour Factor 929292929292929292929292Heavy Vehicles, %222222222222Mvmt Flow5608226582550561014 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All68300610001302130760912961295670 Stage 1------620620-674674- Stage 2 ------682687-622621-Critical Hdwy 4.12--4.12--7.126.526.227.126.526.22Critical Hdwy Stg 1 ------6.125.52-6.125.52-Critical Hdwy Stg 2 ------6.125.52-6.125.52-Follow-up Hdwy 2.218--2.218--3.5184.0183.3183.5184.0183.318Pot Cap-1 Maneuver910--969--138160495139162457 Stage 1 ------476480-444454- Stage 2 ------440447-474479-Platoon blocked, %----Mov Cap-1 Maneuver910--969--133158495136160457Mov Cap-2 Maneuver ------133158-136160- Stage 1 ------472476-440453- Stage 2 ------425446-465475- Approach EB WB NB SB HCM Control Delay, s0.1 0 23.1 47.3HCM LOS C E Minor Lane/Major MvmtNBLn1EBLEBTEBRWBLWBTWBRSBLn1 Capacity (veh/h)210910--969--157HCM Lane V/C Ratio0.0520.006--0.002--0.478HCM Control Delay (s)23.190-8.70-47.3HCM Lane LOS CAA-AA-EHCM 95th %tile Q(veh)0.20--0--2.2 108 HCM 2010 TWSC Total Traffic PM Peak Hour 9: Buck Creek Road & Access 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic PM Synchro 8 ReportFHU Reference No. 15-023-01 Page 3 Intersection Int Delay, s/veh4.8 Movement WBLWBR NBTNBRSBLSBT Vol, veh/h 772 392825Conflicting Peds, #/hr00 0000Sign Control StopStop FreeFreeFreeFreeRT Channelized -None -None -NoneStorage Length 0 -----Veh in Median Storage, #0 -0--0Grade, %0 -0--0Peak Hour Factor 9292 92929292Heavy Vehicles, %22 2222Mvmt Flow842423025 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 6858 00730 Stage 1 58 ----- Stage 2 10 -----Critical Hdwy 6.426.22 --4.12-Critical Hdwy Stg 15.42 -----Critical Hdwy Stg 25.42 -----Follow-up Hdwy 3.5183.318 --2.218-Pot Cap-1 Maneuver9371008 --1527- Stage 1 965 ----- Stage 2 1013 -----Platoon blocked, %---Mov Cap-1 Maneuver9361008 --1527-Mov Cap-2 Maneuver936 ----- Stage 1 965 ----- Stage 2 1012 ----- Approach WB NB SB HCM Control Delay, s9.2 0 2.1HCM LOS A Minor Lane/Major MvmtNBTNBRWBLn1SBLSBT Capacity (veh/h)--9381527-HCM Lane V/C Ratio --0.0920.001-HCM Control Delay (s)--9.27.40HCM Lane LOS --AAAHCM 95th %tile Q(veh)--0.30- 109 HCM 2010 TWSC Total Traffic PM Peak Hour 11: Swift Gulch Road & Access 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic PM Synchro 8 ReportFHU Reference No. 15-023-01 Page 4 Intersection Int Delay, s/veh0.3 Movement EBLEBRNBLNBT SBTSBR Vol, veh/h 12272 701Conflicting Peds, #/hr0000 00Sign Control StopStopFreeFree FreeFreeRT Channelized -None -None -NoneStorage Length 0 -----Veh in Median Storage, #0 --0 0-Grade, %0 --0 0-Peak Hour Factor 92929292 9292Heavy Vehicles, %2222 22Mvmt Flow 12278 761 Major/Minor Minor2 Major1 Major2 Conflicting Flow All16077770 -0 Stage 1 77 ----- Stage 2 83 -----Critical Hdwy 6.426.224.12---Critical Hdwy Stg 15.42 -----Critical Hdwy Stg 25.42 -----Follow-up Hdwy 3.5183.3182.218---Pot Cap-1 Maneuver8319841522--- Stage 1 946 ----- Stage 2 940 -----Platoon blocked, %---Mov Cap-1 Maneuver8309841522---Mov Cap-2 Maneuver830 ----- Stage 1 946 ----- Stage 2 939 ----- Approach EB NB SB HCM Control Delay, s8.9 0.2 0HCM LOS A Minor Lane/Major MvmtNBLNBTEBLn1SBTSBR Capacity (veh/h)1522-927--HCM Lane V/C Ratio0.001-0.004--HCM Control Delay (s)7.408.9--HCM Lane LOS AAA--HCM 95th %tile Q(veh)0-0-- 110 HCM 2010 TWSC Total Traffic PM Peak Hour 12: Nottingham Road & Swift Gulch Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic PM Synchro 8 ReportFHU Reference No. 15-023-01 Page 5 Intersection Int Delay, s/veh1.5 Movement EBLEBT WBTWBRSBLSBR Vol, veh/h 49571 583252547Conflicting Peds, #/hr00 0000Sign Control FreeFree FreeFreeStopStopRT Channelized -None -None -NoneStorage Length ----2000Veh in Median Storage, #-0 0-0 -Grade, %-0 0-0 -Peak Hour Factor 9292 92929292Heavy Vehicles, %22 2222Mvmt Flow 53621 634272751 Major/Minor Major1 Major2 Minor2 Conflicting Flow All6610 -01374647 Stage 1 ----647 - Stage 2 ----727 -Critical Hdwy 4.12---6.426.22Critical Hdwy Stg 1 ----5.42 -Critical Hdwy Stg 2 ----5.42 -Follow-up Hdwy 2.218---3.5183.318Pot Cap-1 Maneuver927---160471 Stage 1 ----521 - Stage 2 ----478 -Platoon blocked, %---Mov Cap-1 Maneuver927---146471Mov Cap-2 Maneuver ----146 - Stage 1 ----521 - Stage 2 ----436 - Approach EB WB SB HCM Control Delay, s0.7 0 21.1HCM LOS C Minor Lane/Major MvmtEBLEBTWBTWBRSBLn1SBLn2 Capacity (veh/h)927---146471HCM Lane V/C Ratio0.057---0.1860.108HCM Control Delay (s)9.10--35.213.6HCM Lane LOS AA--EBHCM 95th %tile Q(veh)0.2---0.70.4 111 HCM 2010 Roundabout Total Traffic PM Peak Hour 12: Nottingham Road & Swift Gulch Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic PM w/ Roundabout Synchro 8 ReportFHU Reference No. 15-023-01 Page 1 Intersection Intersection Delay, s/veh11.8Intersection LOS B Approach EB WB SB Entry Lanes 1 1 1Conflicting Circle Lanes 1 1 1Adj Approach Flow, veh/h 674 661 78Demand Flow Rate, veh/h 687 675 80Vehicles Circulating, veh/h 28 54 647Vehicles Exiting, veh/h 699 661 82Follow-Up Headway, s 3.186 3.186 3.186Ped Vol Crossing Leg, #/h 0 0 0Ped Cap Adj 1.000 1.000 1.000Approach Delay, s/veh 11.9 12.2 7.9Approach LOS B B A Lane Left Left Left Designated Moves LT TR LRAssumed Moves LT TR LRRT ChannelizedLane Util1.0001.0001.000Critical Headway, s5.193 5.193 5.193Entry Flow, veh/h 687 675 80Cap Entry Lane, veh/h1099 1071 592Entry HV Adj Factor0.980 0.980 0.975Flow Entry, veh/h 674 661 78Cap Entry, veh/h 1077 1049 577V/C Ratio 0.625 0.631 0.135Control Delay, s/veh11.9 12.2 7.9LOSBBA95th %tile Queue, veh5 5 0 112 1 Matt Pielsticker From:Brian Sipes <brisico@gmail.com> Sent:Monday, March 02, 2015 2:01 PM To:Matt Pielsticker; Virginia Egger; Tamra Underwood; Kristi Ferraro; Ron Wolfe; Rich Carroll; Jennie Fancher; Amy Phillips Cc:Elizabeth (Kemery) Sipes; Jonathan Sherman; Candy Spaid; Joanne Sherman; Megan Burch; Tim Burch; watts_vail@hotmail.com; Ken Kolano Subject:Lot 1A rezoning application - public comment Hi Matt, I am unable to attend the Lots 1A -1B open house tonight, but did want to register some comments about the 1A application. The link to the application (http://www.avon.org/index.aspx?NID=748) from the press release was just fixed and so I have only been able to briefly review the information and so I may have additional comments as I review further. I offer these comments as a neighbor within the notification boundary: Rezoning  The application states a perceived preference for straight zoning over PUD zoning with a development plan. I think this is absolutely wrong when the change would support development that is less sensitive to the surrounding context. This is a transitional parcel and so if their contention is that this application would make this parcel more consistent with MC zoning elsewhere in town then I would say that MC zoning is not appropriate if it doesn't recognize that transition.  I believe rezoning this parcel without understanding a development plan (and tying the development to the plan as in a PUD) is a mistake. The sites proximity to Walking Mountains and the entry to our most prominent residential communities I believe demands a little more oversight. I see no compelling benefit to the town to give up that oversight. Consistency is not a benefit in this case.  We need to understand the development also in context with the wetlands, wildlife migration and riparian areas present on the site. What does it say about us as a town if we promote Walking Mountains while allowing a neighboring developer to negatively impact our environment because we gave up that oversight now present in the PUD? I am absolutely not saying that is their intent, but without a development plan that identifies those areas and protects them, how do we know? Building Height  The application seems to confuse the building height of the multi-family (42 ft) with their proposal on 1A (60 ft). I think they need to clarify their language and what they propose relative to the development plan for the fire station.  The development plan from the existing PUD considered the impact of the massing to the residential development to the west. Even the modest bulk of the fire station was mitigated by stepping the development to the west with the administration building being in scale with the residential buildings to the west.  We are very much in opposition to the proposed 60' height. This is not an appropriate location for this king of height (which is not much less than town center).  The applicant proposes to step the height from Nottingham road, but does not seem to consider the impact this height will have from the north and from Walking Mountains. 113 2  As you probably recall, the existing PUD amended the previous PUD specifically to reduce the building height of the proposed hotel on 1A to bring it more in scale with the neighborhood, This application appears to be going back to an idea that was already rejected. Traffic Impact  The applicant proposes staff to enter a garage off Nottingham Road while the steady stream of patients are proposed to access off Buck Creek Road and Walking Mountains Lane. I would like to see hard traffic numbers comparing this proposal to the current residential and fire district uses on both Nottingham, Swift Gulch and Buck Creek Roads.  Again, I strongly believe it is in the town's interest to understand and preserve the arrival experience to Walking Mountains and so understanding the traffic is critical.  Question: Would this application trigger the construction of a roundabout at swift gulch as previously contemplated? Water:  I would like to see hard data in support of their claim that the medical office use will use less water as they claim. This should not be a subjective statement. We just need hard numbers of use and the Authority will want this too, I would think. Please make the above comments part of the public record and please notify me of future public meetings on these parcels. I will endeavor to be present for the next one. I will also read the application more thoroughly and let you know if I have additional comments. Thank you! Brian Sipes 180 Nottingham Road 114 1 Matt PielstickerSubject:FW: Lot 1A rezoning application - public comment - CONFIDENTIAL From: Jennie Fancher <jfancher@avon.org> Date: Wednesday, March 4, 2015 at 11:24 AM To: Matt Pielsticker <mpielsticker@avon.org>, Eric Heil <ericheillaw@gmail.com> Subject: Fwd: Lot 1A rezoning application ‐ public comment ‐ CONFIDENTIAL FYI Jennie Fancher Sent from my iPhone Begin forwarded message: From: Todd Varney <todd.varney@nexcoregroup.com<mailto:todd.varney@nexcoregroup.com>> Date: March 4, 2015 at 11:05:53 AM MST To: Jennie Fancher <jfancher@avon.org<mailto:jfancher@avon.org>>, Virginia Egger <vegger@avon.org<mailto:vegger@avon.org>> Cc: William Maggard <william.maggard@nexcoregroup.com<mailto:william.maggard@nexcoregroup.com>> Subject: FW: Lot 1A rezoning application - public comment - CONFIDENTIAL We are spending a lot of time and design energy to address many of the concerns noted here and those Markian brought up Monday night. We will be sure to adjust our building in an attempt to make everybody happy. One area that we cannot modify is the height. We cannot make the deal work at less than 59 feet, and if Brian gets momentum and we are asked to reduce the height, it will kill the deal. It is important, if appropriate, to have somebody let the planning and zoning folks know this ahead of time. I am not sure we would be allowed to, so perhaps somebody with the Town can. We are coming to the meeting on the 17th with a lot more detail and more sketches to address the concerns of Brian, Markian and others. Thank you, Todd ex parte 115 116 TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Susan Fairweather, Director of Economic Initiatives Date: April 7, 2015 Re: Economic Impact Considerations for the Proposed Medical Office Building BACKGROUND The benefits a community receives as a result of the location of a medical office facility are generally understood to bring a net positive impact to the local economy. In seeking to evaluate the potential economic benefit from the Buck Creek Medical Office Building (MOB), which has applied for a rezoning of Buck Creek PUD Lot 1A, I reached out to the NexCore Group, the developer of the MOB, for information regarding the proposed medical facility. NexCore, due to confidentiality requirements, is unable to provide the names of their contracted and potential occupants of the proposed building in Avon, but is able to provide relevant facility data available for this report. In addition, much information can be gleaned from the 2009 Economic Impact Analysis of the Vail Valley Medical Center (VVMC Study), conducted by BBC Research and Consulting, for the Town of Vail, and 2014 data collected from the State of Colorado Office of Economic Development. This report looks at the potential economic benefits the proposed MOB will bring to Avon as measured by the new dollars brought into the community as a result of the construction and operations of the facility. MOB FACILITY DATA NexCore Group has provided the following information: • Construction Square Footage: 49,500 • Tenant Square Footage Estimate: 47,000 • Uses Include: Outpatient and urgent care with ambulance area, seven identified tenant spaces • Employment Estimate: 70 – 100 employees, “depending on the final tenant mix and associated services. It is anticipated that over a third of these jobs will be new positions created specifically to serve this building.” HEALTH CARE - LEADING ECONOMIC STRATEGY IDENTIFIED BY STATE OF COLORADO The health care industry is the leading employer in Eagle County and the surrounding mountain resort communities as defined by the State of Colorado’s Economic Blueprint for Region 12. The Blueprint identifies healthcare as a key economic strategy for the State. Excerpts from the State’s health and wellness strategic plan include: • “This broad-based industry of traditional and alternative health care, fitness, outdoor recreation, natural foods, health information technology and research initiatives accounted for 15.3 percent of the gross state product in 2012,1 employed more than 360,000 workers and accounted for over $40 billion in industry revenue. Even more impressively, it is showing rapid growth.” • “Colorado health and wellness jobs increased by 10.9 percent during the sluggish recession years between 2008 and 2012, outpacing the industry’s national growth rate of 6.7 percent. • “Colorado brings a number of strengths to this new landscape, including its culture of wellness, its strong health care infrastructure and its history of initiating frank conversations and strong collaborations to foster health care innovation.” 117  Page 2 Economic Impact – Medical Office Building 4-15 AVON –ECONOMIC CONTRIBUTIONS OF MEDICAL RELATED SERVICES New Property Taxes: The property under consideration is located in the Town Center West Urban Renewal Plan area with the increased valuation generating revenue for the Tax Increment Financing District (TIF). For purposes of example, if the construction improvements bring an increased valuation to the property of $10,000,000, the TIF generated would be approximately $175,000 per year. This is based on a 29% assessed value ratio and an overlapping property tax mill rate of 60 mills. TIF revenues are collected into the Avon Urban Renewal Authority Fund (URA) and are eligible for public facility improvements in the URA, including items such as sidewalk and bus shelter improvements, as well as costs attributable to the design and construction of the proposed fire/police public safety building. Gross Regional Product (2013 data): The State of Colorado Office of Economic Development, OEDIT, estimates that the annual Gross Regional Product (GRP) for the Town of Avon for medical related services is estimated at $10,514,044 (Attachment A) - 2013 data. Eagle County (includes Avon) GRP for medical related services is estimated at $95,307,797. This represents 1.25% of total GRP for Avon and 3.07% for Eagle County. The State’s data further demonstrates that Avon requires $29.5 million per year in medical services, but only $3.6 million (or 12.2%) is satisfied (or provided) in Avon. This indicates that $25.9 million, or 87.8%, is being spent, by local citizens, outside of Avon (Attachment C). FINDINGS – VVMC STUDY While the proposed MOB in Avon would not provide the depth of services or employ a like number of employees as the VVMC, the benefits can be measured similarly, as the Steadman Hawkins Clinic and Howard Head Physical Therapy Clinics provide similar benefits to the Vail Valley communities. Benefits include: • Serve overnight, emergency and scheduled patients. Patients and family members may stay temporarily in the community in association with medical care, with related spending on lodging, food, retail and local services. • Provide full-time, part-time and seasonal jobs for town residents, and the community receives some benefits from spending by persons who work at the hospital but live elsewhere in the area. • Often utilize local businesses and contractors for various services and supplies; • The availability of well-regarded local health care services supports the second home community, which tends to place high value on convenient medical services. In the same manner, the availability of a local health care services support ski area and summer visitation in situations where emergency services are required. • In resort communities, hospital operations can help diversify and balance an otherwise highly seasonal economy, and the regional hospital facility reinforces the perception of Vail as a regional center. 118  Page 3 Economic Impact – Medical Office Building 4-15 Of note was this finding in the VVMC Study: Over the past several decades, VVMC’s service area has expanded and a growing share of VVMC business is generated outside of the Town of Vail. Over the same period, Eagle County’s resident population has migrated further down valley reinforcing a need for medical services elsewhere in the Vail Valley. In FY 2008, over half of all VVMC outpatient visits occurred at VVMC facilities outside the town of Vail. HIGHER WAGES GENERATED The State of Colorado Office of Economic Development data details the 2014 median hourly earnings for medical related jobs in Avon (attachment B). The wages range from a high of $107.76 to a low of $9.06, with an average, non-weighted wage of $35.33. The average salary for the VVMC was $66,000 (or an average of $32.88 per hour) in 2009 according to the VVMC Study. OEDIT reports that the average hourly rate for all job types in Avon is $19.23 based on 2014 data. NexCore estimates an average hourly rate of $34.09, a significant increase over the average wage in Avon. NexCore Group provided the following estimates for purposes of preparing this report. RETAIL SPENDING Typically, about 30 – 35 percent of family income is spent on retail goods according to the VVMC Study. Avon is home to grocery, discount and building supply stores along with restaurants and assorted retail establishments who serve the local employment base. The international reputation and prominence of the Steadman Hawkins Clinic and the Howard Head Physical Therapy Clinics draws “destination patient” visits for the services in the Vail Valley, often with follow-up visits. Patients, along with their spouses or families, may stay in the area for multiple days in association with their treatment and spend dollars at local lodging, retail stores and restaurants. Again, although not known at this time, this market segment holds get potential from the Avon MOB. Average Wage Number of Employees Total Salaries Generated $42,500 20 $850,000 $62,500 40 $2,500,000 $87,000 20 $1,740,000 $100,000 20 $2,000,000 Total Employees 100 Total Earnings $7,090,000 Average Salary $70,900 Average Hourly Rate $34.09 119  Page 4 Economic Impact – Medical Office Building 4-15 Locals and regional patients also contribute to the local economy. Often visitors using medical services will be accompanied by family or friends who require local food and lodging during the patient’s stay. ADDITIONAL ECONOMIC BENEFITS AND IMPACTS Benefits: • The MOB is proposed to begin construction in June, 2015 with an estimated completion time of twelve months. Numerous jobs related to the construction of the building will be created. • Patient & family spending such as lodging and meals. Impacts: • Staff recognizes impacts including additional demand on public infrastructure including, but not limited to, traffic control and emergency response. Identified impacts are expected to be resolved/mitigated through the rezoning and project approval process with the Town. OTHER BENEFITS The proposed MOB may bring other benefits to Avon besides direct economic stimulation. Second homeowners and guests have access to high quality medical services, which is an unusual attribute for a small, relatively isolated community and provides some competitive market advantage. The proximity of emergency services is also a highly valued guest amenity. Attachments: A: State of Colorado Office of Economic Development 2013 Economic Data – Avon B: 2014 Medical Related Jobs Incomes Data for Avon, Colorado C: Regional Requirements Data – Medical Office Buildings 120 NA I C S I N D U S T R Y DE S C R I P T I O N EA R N I N G S P R O P E R T Y IN C O M E T A X E S S U B S I D I E S G R P 62 1 1 1 1 O f f i c e s of Ph y s i c i a n s (e x c e p t Me n t a l He a l t h Sp e c i a l i s t s ) $5 , 1 8 2 , 6 2 9 $2 3 2 , 8 3 8 $ 8 2 , 3 7 1 ‐$717$5,497,121 62 1 1 1 2 O f f i c e s of Ph y s i c i a n s , Me n t a l He a l t h Sp e c i a l i s t s $1 3 , 3 7 4 $5 8 8 $ 2 0 8 ‐$5$14,166 62 1 2 1 0 O f f i c e s of De n t i s t s $1 , 1 9 5 , 1 4 0 $7 2 , 0 5 6 $ 3 2 , 5 3 8 ‐$827$1,298,907 62 1 3 1 0 O f f i c e s of Ch i r o p r a c t o r s $3 5 8 , 4 2 9 $1 6 , 5 6 1 $ 7 , 1 3 0 ‐$2,604$379,516 62 1 3 2 0 O f f i c e s of Op t o m e t r i s t s $0 $0 $ 0 $ 0 $ 0 62 1 3 3 0 O f f i c e s of Me n t a l He a l t h Pr a c t i t i o n e r s (e x c e p t Ph y s i c i a n s ) $6 6 3 , 2 9 1 $3 0 , 9 8 5 $ 1 3 , 3 3 9 ‐$1,718$705,897 62 1 3 4 0 O f f i c e s of Ph y s i c a l , Oc c u p a t i o n a l an d Sp e e c h Th e r a p i s t s , an d Au d i o l o g i s t s $2 4 , 3 0 8 $1 , 1 4 7 $ 4 9 4 ‐$34$25,914 62 1 3 9 1 O f f i c e s of Po d i a t r i s t s $4 2 9 , 8 4 4 $1 8 , 7 0 7 $ 8 , 0 5 4 ‐$6,310$450,295 62 1 3 9 9 O f f i c e s of Al l Ot h e r Mi s c e l l a n e o u s He a l t h Pr a c t i t i o n e r s $7 9 3 , 8 8 4 $3 7 , 3 0 9 $1 6 , 0 6 2 ‐$3,077$844,179 62 1 4 1 0 F a m i l y Pl a n n i n g Ce n t e r s $0 $0 $ 0 $ 0 $ 0 62 1 4 2 0 O u t p a t i e n t Me n t a l He a l t h an d Su b s t a n c e Ab u s e Ce n t e r s $0 $0 $ 0 $ 0 $ 0 62 1 4 9 1 H M O Me d i c a l Ce n t e r s $0 $0 $ 0 $ 0 $ 0 62 1 4 9 2 K i d n e y Di a l y s i s Ce n t e r s $0 $0 $ 0 $ 0 $ 0 62 1 4 9 3 F r e e s t a n d i n g Am b u l a t o r y Su r g i c a l an d Em e r g e n c y Ce n t e r s $1 0 2 , 8 6 5 $8 , 6 8 7 $ 2 , 0 3 1 ‐$307$113,276 62 1 4 9 8 A l l Ot h e r Ou t p a t i e n t Ca r e Ce n t e r s $0 $0 $ 0 $ 0 $ 0 62 1 5 1 1 M e d i c a l La b o r a t o r i e s $0 $0 $ 0 $ 0 $ 0 62 1 5 1 2 D i a g n o s t i c Im a g i n g Ce n t e r s $2 5 7 , 7 5 4 $1 4 , 3 3 6 $ 5 , 0 3 1 ‐$2,484$274,638 62 1 6 1 0 H o m e He a l t h Ca r e Se r v i c e s $0 $0 $ 0 $ 0 $ 0 62 1 9 1 0 A m b u l a n c e Se r v i c e s $8 5 7 , 5 4 6 $5 0 , 9 0 0 $ 9 , 0 3 2 ‐$7,343$910,136 62 1 9 9 1 B l o o d an d Or g a n Ba n k s $0 $0 $ 0 $ 0 $ 0 62 1 9 9 9 A l l Ot h e r Mi s c e l l a n e o u s Am b u l a t o r y He a l t h Ca r e Se r v i c e s $0 $0 $ 0 $ 0 $ 0 TO T A L $9 , 8 7 9 , 0 6 5 $4 8 4 , 1 1 3 $ 1 7 6 , 2 9 0 ‐$25,424$10,514,044 *D a t a da t e ‐ 20 1 3 GR P is gr o s s re g i o n a l pr o d u c t ‐ th e ma r k e t va l u e of al l fi n a l go o d s an d se r v i c e s pr o d u c e d Ex h i b i t A St a t e of Co l o r a d o Of f i c e of Ec o n o m i c De v e l o p m e n t ‐ Ec o n o m i c Da t a ‐ Av o n * Ea r n i n g s in c l u d e s al l wa g e s , sa l a r i e s , su p p l e m e n t s (a d d i t i o n a l em p l o y e e be n e f i t s ) , an d pr o p r i e t o r in c o m e in th e re g i o n . Pr o p e r t y In c o m e is th e to t a l va l u e of di v i d e n d s , in t e r e s t , re n t , co r p o r a t e pr o f i t s , an d ca p i t a l de p r e c i a t i o n cr e a t e d in th e re g i o n . Ta x e s re p r e s e n t s th e ta x e s on pr o d u c t i o n an d im p o r t s , in c l u d i n g us e ta x e s , sa l e s ta x e s an d ot h e r ta x e s , bu t do e s no t in c l u d e co r p o r a t e of personal income taxes. Su b s i d i e s ar e fo r m s fi n a n c i a l su p p o r t th a t ar e ex t e n d e d to in d u s t r y , in c l u d i n g di r e c t su b s i d i e s (c a s h gr a n t s , in t e r e s t ‐fr e e lo a n s , et c . . . ) an d in d i r e c t subsidies (tax br e a k s , lo w ‐in t e r e s t lo a n s , re n t re b a t e s , et c . . . ) . 12 1 Attachment B OCCUPATION DESCRIPTION MEDIAN HOURLY EARNINGS Oral and Maxillofacial Surgeons $107.77 Anesthesiologists $103.19 Surgeons $102.31 Internists, General $100.41 Obstetricians and Gynecologists $97.78 Psychiatrists $97.46 Family and General Practitioners $93.71 Nurse Anesthetists $92.39 Orthodontists $87.83 Physicians and Surgeons, All Other $76.57 Dentists, All Other Specialists $75.33 Pediatricians, General $74.97 Pharmacists $68.15 Optometrists $54.53 Radiation Therapists $53.56 Dentists, General $53.12 Nurse Midwives $50.25 Physician Assistants $48.67 Medical and Health Services Managers $48.58 Nurse Practitioners $46.05 General and Operations Managers $42.32 Audiologists $42.24 Diagnostic Medical Sonographers $41.98 Nuclear Medicine Technologists $40.82 Chiropractors $40.65 Health Technologists and Technicians, All Other $40.04 Dental Hygienists $39.28 Radiologic Technologists $38.91 Physical Therapists $38.48 Occupational Therapists $38.09 Magnetic Resonance Imaging Technologists $37.62 Physical Therapist Assistants $36.83 Management Analysts $36.42 Industrial‐Organizational Psychologists $36.32 Medical and Clinical Laboratory Technologists $36.06 Hearing Aid Specialists $34.73 Respiratory Therapists $34.73 Cardiovascular Technologists and Technicians $34.62 Registered Nurses $34.41 Speech‐Language Pathologists $34.10 Training and Development Specialists $33.33 Podiatrists $32.70 Administrative Services Managers $32.54 Human Resources Specialists $31.90 Network and Computer Systems Administrators $31.13 Financial Managers $29.76 Compliance Officers $28.56 Dietitians and Nutritionists $28.28 Psychologists, All Other $27.78 Avon, Colorado ‐ 2014 Medical Related Jobs Income Data ‐ Sorted by Wage * provided by the State of Colorado Office of Economic Development 122 2014 Medical Related Jobs Income Data Licensed Practical and Licensed Vocational Nurses $26.77 Market Research Analysts and Marketing Specialists $26.71 Health Educators $26.70 Healthcare Social Workers $26.58 Accountants and Auditors $26.57 Therapists, All Other $26.07 Exercise Physiologists $25.48 First‐Line Supervisors of Office and Administrative Support Workers $25.45 Computer User Support Specialists $25.20 Clinical, Counseling, and School Psychologists $24.95 Healthcare Practitioners and Technical Workers, All Other $24.78 Medical Equipment Preparers $24.29 Police, Fire, and Ambulance Dispatchers $23.97 Teachers and Instructors, All Other $23.86 Athletic Trainers $22.67 Business Operations Specialists, All Other $22.61 Public Relations Specialists $22.59 Medical Records and Health Information Technicians $22.27 Phlebotomists $22.27 Managers, All Other $22.00 Counselors, All Other $21.94 Surgical Technologists $21.92 Interviewers, Except Eligibility and Loan $21.88 Medical and Clinical Laboratory Technicians $21.36 Executive Secretaries and Executive Administrative Assistants $21.31 Child, Family, and School Social Workers $20.97 Opticians, Dispensing $20.87 Data Entry Keyers $20.77 Health Diagnosing and Treating Practitioners, All Other $20.75 Mental Health and Substance Abuse Social Workers $20.74 Marriage and Family Therapists $20.72 Mental Health Counselors $20.62 Maintenance and Repair Workers, General $19.37 Genetic Counselors $18.88 Billing and Posting Clerks $18.86 Physical Therapist Aides $18.69 Ophthalmic Medical Technicians $18.47 Entertainers and Performers, Sports and Related Workers, All Other $18.36 Office Clerks, General $18.34 Medical Assistants $18.29 Healthcare Support Workers, All Other $18.04 Dental Assistants $17.85 Nursing Assistants $17.30 Bill and Account Collectors $17.06 Medical Transcriptionists $17.02 Medical Secretaries $16.75 Pharmacy Technicians $16.61 Substance Abuse and Behavioral Disorder Counselors $16.48 Massage Therapists $15.95 Emergency Medical Technicians and Paramedics $15.85 Receptionists and Information Clerks $15.49 Skincare Specialists $14.74 Customer Service Representatives $14.67 Rehabilitation Counselors $14.57 Ambulance Drivers and Attendants, Except Emergency Medical Technicians $9.59 Personal Care Aides $9.06 2123 At t a c h m e n t C Pe r c e n t of Av o n Me d i c a l Re q u i r e d Se r v i c e s Sa t i s f i e d "I n ‐Re g i o n " NA I C S I N D U S T R Y DE S C R I P T I O N RE Q U I R E D S A T I S F I E D IN ‐RE G I O N S A T I S F I E D OUT‐OF‐REGION 62 1 1 1 1 O f f i c e s of Ph y s i c i a n s (e x c e p t Me n t a l He a l t h Sp e c i a l i s t s ) $1 4 , 5 8 0 , 6 2 2 $1 , 8 2 6 , 0 8 0 $12,754,542 62 1 1 1 2 O f f i c e s of Ph y s i c i a n s , Me n t a l He a l t h Sp e c i a l i s t s $4 6 2 , 0 4 5 $1 9 , 3 0 8 $442,737 62 1 2 1 0 O f f i c e s of De n t i s t s $3 , 2 5 9 , 2 1 5 $7 8 9 , 7 9 6 $2,469,419 62 1 3 1 0 O f f i c e s of Ch i r o p r a c t o r s $3 7 4 , 6 6 1 $1 5 0 , 9 1 8 $223,744 62 1 3 2 0 O f f i c e s of Op t o m e t r i s t s $3 4 7 , 8 5 9 $0 $347,859 62 1 3 3 0 O f f i c e s of Me n t a l He a l t h Pr a c t i t i o n e r s (e x c e p t Ph y s i c i a n s ) $5 5 5 , 8 7 3 $1 9 2 , 2 4 0 $363,633 62 1 3 4 0 O f f i c e s of Ph y s i c a l , Oc c u p a t i o n a l an d Sp e e c h Th e r a p i s t s , an d Au d i o l o g i s t s $1 , 0 4 4 , 4 4 9 $1 2 , 4 2 2 $1,032,028 62 1 3 9 1 O f f i c e s of Po d i a t r i s t s $1 2 8 , 3 7 0 $1 5 5 , 3 6 9 ‐$26,998 62 1 3 9 9 O f f i c e s of Al l Ot h e r Mi s c e l l a n e o u s He a l t h Pr a c t i t i o n e r s $7 2 9 , 1 7 2 $1 7 3 , 8 4 5 $555,328 62 1 4 1 0 F a m i l y Pl a n n i n g Ce n t e r s $1 0 3 , 8 8 6 $0 $103,886 62 1 4 2 0 O u t p a t i e n t Me n t a l He a l t h an d Su b s t a n c e Ab u s e Ce n t e r s $6 5 4 , 6 4 7 $0 $654,647 62 1 4 9 1 H M O Me d i c a l Ce n t e r s $1 , 0 3 8 , 8 2 9 $0 $1,038,829 62 1 4 9 2 K i d n e y Di a l y s i s Ce n t e r s $5 1 4 , 4 6 4 $0 $514,464 62 1 4 9 3 F r e e s t a n d i n g Am b u l a t o r y Su r g i c a l an d Em e r g e n c y Ce n t e r s $5 6 0 , 0 4 1 $9 5 , 3 7 6 $464,665 62 1 4 9 8 A l l Ot h e r Ou t p a t i e n t Ca r e Ce n t e r s $7 2 8 , 4 0 5 $0 $728,405 62 1 5 1 1 M e d i c a l La b o r a t o r i e s $6 8 9 , 9 7 4 $0 $689,974 62 1 5 1 2 D i a g n o s t i c Im a g i n g Ce n t e r s $3 1 6 , 5 1 9 $9 5 , 6 3 5 $220,883 62 1 6 1 0 H o m e He a l t h Ca r e Se r v i c e s $2 , 6 3 9 , 3 2 1 $0 $2,639,321 62 1 9 1 0 A m b u l a n c e Se r v i c e s $3 5 5 , 4 2 9 $7 2 , 9 4 0 $282,489 62 1 9 9 1 B l o o d an d Or g a n Ba n k s $1 7 6 , 7 1 5 $0 $176,715 62 1 9 9 9 A l l Ot h e r Mi s c e l l a n e o u s Am b u l a t o r y He a l t h Ca r e Se r v i c e s $1 9 8 , 1 2 6 $0 $198,126 TO T A L $2 9 , 4 5 8 , 6 2 2 $3 , 5 8 3 , 9 2 9 $25,874,693 12 . 2 % 0.878340239 12 4 TOWN COUNCIL REPORT To: Mayor and Town Council From: Brian Garner, Town Planner Date: April 28, 2015 Agenda Topic: PUBLIC HEARING – Resolution 15-04 Case #PUD14007 Minor PUD Amendment for Lot 38 & Lot 39, Block 4, Wildridge Subdivision UPDATED FOR APRIL 28 TOWN COUNCIL: Council first considered the Application at the March 10, 2015 meeting and motioned to continue the case to the March 24, 2015 meeting with additional details provided in the resolution. Resolution 15-04 was updated to include more clarity in: • Exhibit C - providing site specific details of the approval (PUD Amendment for Lots 38 & 39 Wildridge Subdivision) • PUD Amendment conditions Pursuant to the March 10, 2015 Council discussion, the minimum livable area proposed by the applicant was reduced from 3,000 square feet to 2,500 square feet. At the March 24, 2015 meeting Council requested more time to study the proposal and motioned to continue the case to the April 28, 2015 Town Council meeting. Specific action items to staff included: 1. Provide the average single family lot size in Wildridge 2. List of all PUD amendments in Wildridge 3. Review of the PUD amendment eligibility criteria 4. Site visit with the Applicant to better understand the proposal Staff Response to Action Items 1. The average lot size for Single-Family-Zoned lots is approximately 0.915 acres/39,857 square feet. The applicant is proposing lot sizes between 0.47 acres to 0.87 acres (some lots include platted open space). 2. The list of all PUD amendments in Wildridge is attached as Exhibit B. The parcels are identified on the map and include the lot and block number. There have been sixteen (16) PUD amendments approved since the inception of Wildridge. 3. PUD Amendment Categories. Categories of PUD amendments are established and defined as follows for the purpose of determining the appropriate review procedure: PUD Amendment Categories. Categories of PUD amendments are established and defined as follows for the purpose of determining the appropriate review procedure: (i) Administrative Amendment. A proposed PUD amendment is considered administratively if it provides for the correction of any errors caused by mistakes that do not materially alter the substance of the PUD development plan as represented to the Town Council. PUBLIC HEARING – PUD14007 - Minor PUD Amendment Page | 1 (ii) Minor Amendment. A proposed PUD amendment is considered minor if it meets the following criteria for decision and has been determined as such by the Director: (A) The PUD amendment does not increase density, increase the amount of nonresidential land use or significantly alter any approved building scale and mass of development. (B) The PUD amendment does not change the character of the development and maintains the intent and integrity of the PUD. (C) The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. (iii) Major Amendment. A PUD amendment that is not classified as an administrative or minor adjustment is considered a major amendment. Staff determined the Application is eligible for the Minor Amendment process for the following reasons: • The combined lots are entitled for six (6) units. The Applicant is proposing six (6) units. • The Application does not increase the amount of nonresidential land use. • Due to development standards such as setbacks and building height, the proposed building scale and mass of development would remain approximately the same as would be expected if the Applicant exercised the existing development rights. • The character of the development remains residential as opposed to a PUD Amendment that contemplates commercial or industrial uses, for example. Therefore, in the opinion of staff, the PUD amendment maintains the intent and integrity of the PUD. • The PUD amendment does not result in a net decrease in the amount of open space; conversely the Applicant proposes additional platted and deeded open space that will be added to the PUD. 4. Site tours were conducted with several Council members as requested. Nobody was hit by lightning but the cold was apparent. Lastly, the Applicant has made one change to the overall plan pertaining to the subdivision plat. The platted open space is now proposed to be absorbed into Lots C, D, E, and F rather than stand-alone open space tracts as shown on attached Exhibit C. According to the Applicant, the Eagle Valley Land Trust did not desire to place the tracts of land into a conservation easement. The advantage to this arrangement is that the platted open space land will be held more accountable by the respective property owners and will provide more clarity for purposes of maintenance and ownership. Staff is in concurrence with this arrangement and feels this is the appropriate method for ensuring clear and proper maintenance of the land. (End of Update) Introduction Bobby Ladd with RAL Architects, Inc., the Applicant, representing Wildridge Lots, LLC, the Property Owner, is requesting a Planned Unit Development (PUD) Amendment (the Application) to modify the allowed building type for Lots 38 & 39, Block 4, Wildridge Subdivision (the Property). The current lot entitlements are as follows: PUBLIC HEARING – PUD14007 - Minor PUD Amendment Page | 2 Lot 38: Two (2) total dwelling units in the form of one (1) single-family-detached structure or one (1) duplex structure Lot 39: Four (4) total dwelling units in the form of one (1) fourplex or two (2) duplex structures. The Application is requesting the ability to amend the zoning to re-subdivide the Property to develop a total of six (6) single-family-detached structures. No change to the entitled density is requested; only a change to the allowed building type. As required by the Avon Development Code, the application is being processed as a Minor PUD Amendment. Attached to this report are a Vicinity Map and the Application materials. Process Minor PUD Amendment Process 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 application, as submitted, meets the criteria for a Minor Amendment: A. The PUD amendment does not increase density, increase the amount of nonresidential land use or significantly alter any approved building scale and mass of development. B. The PUD amendment does not change the character of the development and maintains the intent and integrity of the PUD. C. The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. Public Notification The application was noticed in compliance with the Public Hearing and noticing requirements as set forth in the Avon Development Code (ADC) Sec. 7.16.020(4) Constructive Notice. For the PZC hearing(s), a mailed notice was provided to all property owners within 300’ of the property on January 5, 2015. Additionally, a notice of public hearing was published in the Vail Daily newspaper on January 9, 2015. A new public notification was performed for the March 10, 2015 Town Council hearing consisting of a mailed notice and published notice. Public Hearings The application was first considered at the January 20, 2015 PZC meeting where the PZC motioned to continue the application to the February 17, 2015 PZC meeting. Council considered the Application at the March 10, 2015 meeting and motioned to continue to the March 24, 2015 meeting with additional details provided in the resolution. Council will make a final decision on this Application through a Resolution after holding one more public hearing on March 24. Proposed PUD Amendment The Property is currently undeveloped, zoned PUD and is included in the Wildridge Subdivision. The Wildridge Subdivision and PUD Plat contains a Land Use Summary table indicating the number of units entitled for each individual lot as shown in Exhibit A below. Highlighted are the subject properties with their respective entitlements. PUBLIC HEARING – PUD14007 - Minor PUD Amendment Page | 3 Exhibit A – Wildridge Subdivision and PUD Land Use Summary The Application includes a narrative, response to the mandatory review criteria, and preliminary site and building design plans showing the proposed development scenario. Conceptual Lot Split Plan: As demonstrated in the attached conceptual lot split plan, this Application is requesting to create six (6) separate lots of record that each would be permitted one (1) single-family-detached structure. The lot split plan incorporates platted and deeded open space into Lots C, D, & F. Approval of this request would supersede the existing entitlement of a duplex and a fourplex on the respective lots. The Conceptual Lot Split Plan also demonstrates: • Proposed Lots 38A-38F and respective lot sizes • Existing easements for slope maintenance, drainage and snow storage • Existing platted utility and drainage easement • Proposed new utility and drainage easements • Proposed building setbacks retaining the existing Wildridge standards • Proposed platted “No Build” areas • The primary platted Access, Utility & Drainage Easement • Maximum building heights of 35-feet or topographic line 8460 as represented on the base topographic survey, whichever is lower PUBLIC HEARING – PUD14007 - Minor PUD Amendment Page | 4 Conceptual Site Plan: The applicant has provided a proposed site plan that demonstrates: • The proposed siting of the six home footprints (conceptual siting) • Proposed approximated square footage of each home footprint • Approximate location of retaining walls • Relationship of primary access drive to lots and homes • Fire truck/emergency response vehicle turnaround areas Modifications to Original Application Modifications to the application were requested by the PZC and Council which have been addressed by the Applicant and a revised application is being presented to Council at the April 28, 2015 meeting. The following is a summary of the presented modifications: • Consistent with existing entitlements, six (6) total units remain proposed • Proposed development lots will remain single-family-detached (SFD) units • Proposed Lot layout has been re-engineered to address neighboring property concerns • SFD units shift from 5 units on the west side to 4 units • SFD units on the east side shift from 1 to 2 units • Maximum building footprints of 3,000-3,500 square feet are proposed • Maximum residential floor area of 3,500-5,000 square feet is proposed • A “glass ceiling” additional building height restriction on applicable lots • Platted and deeded open space is incorporated into Lots C, D, & F Next Steps if Council Approves: o Major Subdivision review and approval by PZC and Town Council o Major Development Plan with Design Review for each new home proposed (PZC review and approval) o Building Permit review and approval (administrative) Staff Analysis Staff worked closely with the applicant to propose a project that meets the applicable review criteria, meets the intent of the Development Code and the Comprehensive Plan and to mitigate impact to adjacent properties. The proposal to allow six separate single-family-detached structures in lieu of the entitled duplex and fourplex (or two duplexes) does not change the density and will have an overall positive effect on the mass and scale of the developed property. By separating the potential structural massing, the visual impact of the developed site is minimized revealing increased building articulation, increased light and air between units, and decreased impact to wildlife migration. After reviewing the PUD review criteria below, Staff finds the Application is in conformance with the purpose of the Development Code, review criteria, and any potentially negative impact to neighboring properties has been mitigated to the fullest extent. The development pattern in this portion of Wildridge is a mix of duplex and single-family-detached homes (predominantly single family and duplex structures in a “low density” pattern with open spaces surrounding developed parcels); the proposed Application will help provide variety in building forms and create a more diverse development pattern. PUD Review Criteria Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the PZC shall consider the following criteria 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 PUBLIC HEARING – PUD14007 - Minor PUD Amendment Page | 5 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 PUD amendment does not increase demands on public services, and provides compatible building layouts with the surrounding area. It should be noted that all other applicable development standards (parking, design standards, access requirements) would remain intact. Additionally, the application proposes platted & deeded open space that is non-buildable into three of the lots, representing nearly half of the total lot area. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: Physical separation of the structures does promote the safety of inhabitants in the event of an emergency in that it’s more likely to affect only one dwelling rather than two or more, as currently entitled. Additionally, the Application will promote the public health, safety and welfare by separating the structures and allowing more light and air between dwelling units which confer additional benefits to the surrounding community and for wildlife migration across the site. (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 Town of Avon Comprehensive Plan includes this property within District 24: Wildridge Residential District. The planning principals specific to this property include the following: Site buildings of varying sizes along the street to maximize sun exposure, protect views, be compatible with existing surrounding development, and break up building bulk. The Wildridge District planning principles contemplate enhancing and promoting open space connectivity. Approval of this Application would result in an additional deeded open space tract, improved building massing, breaks up of building bulk with smaller structures, and maximized sun exposure. (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: This PUD amendment does not change the current entitlement of six total residential units; therefore the existing services can adequately serve the property. The application has been provided to Eagle River Water and Sanitation District as well as Eagle River Fire Protection District for review and no concerns were raised by these agencies. Additionally, a single curb cut from Wildridge Road East is proposed thereby reducing the Town’s maintenance (i.e. ditch work) requirements. (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: The proposed PUD amendment should impose no additional impacts to the natural environment, wildlife, vegetation, and air beyond the current entitlement since the development rights remain the same with six (6) total units. PUBLIC HEARING – PUD14007 - Minor PUD Amendment Page | 6 (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: Approval of the PUD amendment would not result in significant adverse impacts upon other property in the vicinity as the proposed PUD Amendment maintains the existing entitled density, and increases the building setbacks and utility/drainage easements. (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: Single-family-detached residential use is more compatible in scale with current and potential uses on other properties in the vicinity of the Property over that of the current development right to construct multi-family dwellings. PZC Recommendation After considering public comments at the January 20 and February 17 PZC meetings, the PZC recommended approval of the Application with two conditions: 1. Lots 38A – 38F shall be required to adhere to the “glass ceiling” maximum building height as proposed by the applicant. 2. Homes constructed on Lots 38A – 38F shall adhere to the following size requirements: LOT Minimum Livable Area Maximum Residential Floor Area (Excluding Garage) Maximum Building Footprint (Including Garage) Lot 38A 2,500 square feet 5,000 square feet 3,500 square feet Lot 38B 2,500 square feet 4,000 square feet 3,000 square feet Lot 38C 2,500 square feet 4,000 square feet 3,000 square feet Lot 38D 2,500 square feet 5,000 square feet 3,500 square feet Lot 38E 2,500 square feet 4,000 square feet 3,000 square feet Lot 38F 2,500 square feet 3,500 square feet 3,000 square feet The PZC recommendation includes the following findings: Findings: 1. The PUD amendment does not increase density, increase the amount of nonresidential land use or significantly alter any approved building scale and mass of the development. 2. The PUD amendment does not change the character of the development and maintains the intent and integrity of the PUD. 3. The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. 4. The application was evaluated pursuant to Section 7.16.060(e)(4), Review Criteria, AMC, and found to be in compliance with the mandatory review criteria. Staff Recommendation Staff recommends approval of Resolution 15-04 with Exhibit A, thereby approving the Minor PUD Amendment application for Lot 38 & Lot 39, Block 4, Wildridge Subdivision. Recommended Motion: I move to approve Resolution 15-04 thereby approving Case #PUD14007, a PUD Amendment for Lot 38 & Lot 39, Block 4, Wildridge Subdivision together with the findings of fact. PUBLIC HEARING – PUD14007 - Minor PUD Amendment Page | 7 Attachments Exhibit B: Wildridge PUD Amendments Exhibit C: Lot 38/39 PUD Amendment Plat Draft Resolution 15-04 PUBLIC HEARING – PUD14007 - Minor PUD Amendment Page | 8 ME T C A L F R D OLD T R A I L R D E W I L D R I D G E R D WIL D R I D G E R D L O N G S U N L N B E A RTRAPRD W WILDRIDGE RD JUNECREE K T R L W W I L D W O O D R D FOXLN L O N G S P U R F L A T PT O'NE A L S P U R BEAVER CREEK P T D R A W SPUR SADDLE RI D G E L O O P NO R T H P T C O Y O T E R I D G E JUNE PT B U CKCREEK LITTLE P T FERRE T L N K E D S P U R This 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.I 0 490245 FeetWildridge Development SummaryWildridge Development Summary Undeveloped Lots (41 Lots) Single Family Zoned (61 Lots) Multi Family Zoned (40 Lots) Duplex Zoned Properties (263) Single Family Homes Zoned for Duplex (93 Lots) Property Boundaries Residential Streets Building Footprints Avon Town Boundary Eagle County, Colorado Govmnt, GIS Dept P:\Towns\Town_of_Avon\Wildridge_Lot_Entitlement_030915\MXD\WR_singlefamily_zonedduplex_030915_8.5x11.mxd Date: 3/9/2015 4:41:29 PM Name: sfleming TOWN OF AVON RESOLUTION NO. 15-04 Series of 2015 A RESOLUTION APPROVING FILE #PUD14007, A MINOR PUD AMENDMENT FOR LOT 38 & LOT 39, BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, STATE OF COLORADO WHEREAS, a Minor PUD Amendment Application (“Application”), was submitted to the Community Development Department of the Town on December 19, 2014 by Bobby Ladd of RAL Architects, Inc. (“Applicant”); and WHEREAS, the Application requests to amend the zoning of Lot 38 & Lot 39, Block 4, Wildridge Subdivision, to allow a cumulative six (6) single-family-detached structures in place of the currently entitled one (1) duplex structure and one (1) fourplex or two (2) duplex structures on Lot 38 & Lot 39; and WHEREAS, the Application requests the PUD zoning amendment to allow a re-subdivision of Lot 38 & Lot 39 into Lots 38A – 38F together with open space and easements; and WHEREAS, the Application was reviewed as a “Minor PUD Amendment” pursuant to code section 7.16.060(1)(ii), Avon Development Code. WHEREAS, the Planning and Zoning Commission held a public hearing on January 6, 2015, and February 17, 2015 after posting notice of such Public Hearing 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 recommended that the Town Council approve the Application; and WHEREAS, the Avon Town Council held a public hearing on March 10, 2015, March 24, 2015, and April 28, 2015, after posting notice as required by law, considered all comments, testimony, evidence and staff report 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, Resolution 15-04 PUD14007 - Minor PUD Amendment TC April 28, 2015 Page 1 of 2 (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; and, (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) Building impacts on-site are reduced by adding restrictions that are currently not in effect including: building footprint restrictions and livable area restrictions; 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 PUD14007, a Minor PUD Application, is hereby approved to amend the Wildridge Subdivision and PUD Land Use Summary cumulatively as six (6) single-family- detached residences, which shall be constructed on separate lots (Lots 38A – 38F) subject to future subdivision approval by the Town as set forth in Exhibit A: PUD Amendment for Lots 38 & 39, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, State of Colorado, ADOPTED April 28, 2015. AVON TOWN COUNCIL By: _______________________________ Attest: ___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk Resolution 15-04 PUD14007 - Minor PUD Amendment TC April 28, 2015 Page 2 of 2  Page 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Kelly Huitt, Budget Analyst; Scott Wright, Asst. Town Manager Date: April 23, 2015 Re: 2015 Supplemental Budget Amendment Resolution Nos. 2015-09 and 2015-10 Introduction A brief presentation will be held at the beginning of this agenda item during during the Town Council meeting. In addition, a copy of a revised long-range plan is attached to this memorandum as a reference to the town’s total CIP program. In prior years it has been the practice to adopt a supplemental budget amendment in order to update beginning fund balance estimates and generally recognize revisions to the budgets that were not identified at the time the budget was originally adopted. This budget amendment involves two resolutions: one for the operating funds (General, Water, Debt, Fleet, and Transit), and one for the Capital Projects Fund. Below is a summary of proposed budget revisions by fund and estimated impacts to respective fund balances. The level of fund balances continues to meet Town policy in all the amended funds. General Fund A number of revisions to the General Fund budget have been accumulated since the beginning of the year, including staffing changes, changes and additions to special events, and other unforeseen items. The net result of these changes revises the current year surplus down from $1,313,641 in the original 2015 budget to $495,270. However, because of the large increase in the General Fund ending 2014 fund balance of $1,149,262, the 2015 estimated ending fund balance is $330,891 larger than originally anticipated. After making revisions to the various assignments of fund balance based upon appropriations for special events and other items, the General Fund stabilization balance, which represents reserves over and above the required 25% minimum fund balance, is increased by $232,596 to a total of $566,567.  Page 2 A summary of the changes is listed below: • $178,122 - Appropriation of costs from the 2015 special events assigned fund balance Includes Flavors of Colorado ($128,122) and the Latin Music Festival ($50,000) • $137,700 - Appropriation of items included in the 2014 special events assigned fund balance Includes Apres Avon ($87,700) and Winter Wondergrass ($50,000) • $45,000 – Convert 16‘ streetlights to LED • $50,490 – Additional Building Tech position • $13,302 – Network consulting services for six months for assistance in the transition of new IT Administrator • $10,000 – Lot 5 Drainage Improvements • $24,000 – Avon Recreation Center print advertising • $19,500 – Repairs to fire sprinkler system and corroded sprinkler heads • $26,100 – Volleyball and pickleball court improvements • $7,500 – New picnic tables and trash cans for Possibility Plaza • $15,000 – Walkability study • $20,000 – Resort App agreement • $225,000 - Increase Transfers-Out to Capital Projects Fund Water Fund Revisions to the Water Fund include the addition of $20,000 in legal fees and minor changes to worker’s compensation rates. The net result of the above changes, including revising the Beginning Fund Balance based on actual audited balances, is a net $51,713 increase to the estimated Ending Fund Balance. Debt Service Fund The revision to the Debt Service Fund includes the removal of the $245,162 debt expense related to the purchase of the skier building. Transit Enterprise Fund Revisions to the Transit Fund include the following: • $134,994 for the 2014 scheduled bus purchase delayed into 2015. This will also increase FTA grant funds from $328,000 to $453,000 resulting in a net cost to the Town of $9,995. • $20,261 for a new floor scrubber for the bus barn • $3,558 to adjust the HVAC contract • $143,914 - Revise Beginning Fund Balance based on audit results The net result of the above changes, including revising the Beginning Fund Balance based on actual audited balances, is a net $109,393 increase to the estimated Ending Fund Balance. Fleet Maintenance Fund The $9,933 in minor revisions to the Fleet Maintenance Fund includes slight changes in personnel and worker’s compensation rates.  Page 3 After taking into account the increased expenditures as well as a $24,638 increase in beginning fund balance, the amended ending fund balance is $14,706 higher than the adopted budget. Capital Projects Fund New projects that are being proposed not previously included in the budget include the following: • Joint Public Safety Facility Project: o Short-term Loan to the Eagle River Fire Protection District - $750,000. The IGA provides for a maximum loan of $830,000. However current interest rates indicate the amount around $718,000. o Design of Joint Public Safety Facility - $270,000. • Recreation Center: o Exterior Renovation - $45,000. The exterior renovation includes: west entrance concrete repair, demolition of the gated area in front of Ascent office, concrete fill of the old childcare sandbox in front of Ascent, lowering and refurbishment of the fence around the pool patio area, and re-painting of the red awnings. o Remodel Phase 2 - $92,000. Phase 2 includes: demolition of current front desk, construction of new ergonomically designed front desk reception mid lobby, new lobby furniture, demo and refurbishment of upstairs meeting room, glass wall removed to increase weight room space, remodel/refinish of Danita’s old office for the Aquatics Supervisor,(employee lounge will go where Ryan sits now), construction of wooden electronics boxes in cardio area covering plastic and metal boxes. o Bouldering Wall - $50,000. Bouldering wall will be a 30’x10’ wall constructed where the front desk sits currently. The door and towel drop bin will be reconfigured. o Slide Refurbishment - $59,000. The slide refurbishment includes new stairs and a refurbishment of the flume surface with fresh paint inside and out. • Fishing Pier Repairs - $75,000. Please see the attached memorandum from Justin Hildreth. • Avon Road Landscaping Project - $485,000. The Avon Road 2015 Landscape Improvements Project is a comprehensive update of the Avon Road landscaping that has been in place since the construction of the roundabouts in 1998. The proposed 2015 project scope includes new landscaping at the median islands and at Roundabouts #1, #2, #3, and #5. Another goal of the project is to reduce water requirements by installing native, drought tolerant plants and water efficient irrigation fixtures. • Space Needs Analysis - $30,000. This project will assist the Town in determining the space needs and programming of a Town Hall building in terms of functionality, accessibility, flexibility and cost effectiveness; and to assist with a facility condition assessment of the current Town Hall. Sub-Total Net Impact on Fund Balance from New Projects – ($1,856,000)  Page 4 Revised Projects included in the CIP long-range that are proposed to change in cost, scope, or timing: • Transit Bus Shelters - $125,000. A FTA-5311 Capital Funding Grant of $125,000 has been approved. This project will place bus shelters at Christy Sports and City market stops and improve signage and add seating at existing shelters. • Nottingham Park Playground - $75,000. Design for the new playground which is currently planned for construction in 2016. Updated total cost for this project has increased from $550,000 to $1,075,000. • Metcalf Road Bike Climbing Lane Phase 2 - $500,000. Phase 1 is included in the 2015 street improvements. This accelerates the completion of Phase 2 originally planned for completion in 2019. Notice to proceed will depend upon 2015 real estate transfer tax collections and will not be given until early fall. Sub-Total Net Impact on Fund Balance from Revised Projects – ($575,000) Rollover Projects that were included in the previous year budget that are not yet completed: • Public Works Lot 5 Drainage Repairs- $56,489. • Recreation Center Remodel - $17,793. • Nottingham Park Pavilion - $1,145,716. Please see the attached memorandum from Justin Hildreth. • 2014 Mall Improvements - $203,058. • Post Blvd. Landscaping Improvements - $30,000. • Post Blvd. Electrical Assessment and Street Lights - $33,599. • West B/C Blvd. Bike Lanes - $35,000. • Eagle Valley Trails phase 3 Design - $39,659. • Police Digital Ticketing System - $60,000. • Kronos Timekeeping System - $10,238. Other Project Revisions • Add $27,000 for costs incurred with the proposed financing of the Skier Building. • Eliminate the budget for the Skier Bldg. Tenant Finish - $2,520,000. Other Fund Considerations • Added $3.8 million of proceeds from the 2014 Certificates of Participation for street improvements. This was originally budgeted in 2014 but delayed to 2015. • Added Asphalt Overlay Contributions from Traer Creek Metro District - $40,000, and from the Traer Creek Developer - $80,000. The restricted revenues for these contributions was overlooked in the original 2015 budget. • Added Operating transfer-in from General Fund - $225,000. Transfer-in from the General Fund are proposed in order to maintain an adequate reserve level in the Capital Project Fund of at least $1,000,000. • Revised beginning 2015 fund balance based on actual 2014 year-end results. The net impact to the overall fund balance of the Capital Projects Fund of all the above revisions is a decrease of $98,989. The unreserved fund balance is revised down to $1,008,115  Page 5 from $1,227,104. The revised unreserved fund balance is the minimum that staff would recommend at this time given the assumptions of revenues and project costs. Attachments: 1. Resolution No. 2015-09 2. General Fund Supplemental Amendment No. 1 3. Water Fund Supplemental Amendment No. 1 4. Debt Service Fund Supplemental Amendment No. 1 5. Transit Enterprise Fund Supplemental Amendment No.1 6. Fleet Maintenance Fund Supplemental Amendment No.1 7. Resolution No. 2015-10 8. Capital Projects Fund Supplemental Amendment No. 1 9. Justin Hildreth Memorandum - April 2015 Update on H.A. Nottingham Park Pavilion and Fishing Pier 10. Long-range CIP Plan Res. No. 15-09 April 28, 2015 Page 1 of 2 TOWN OF AVON, COLORADO RESOLUTION NO. 15-09 SERIES OF 2015 A RESOLUTION TO AMEND THE 2015 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2015 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2015 AND ENDING ON THE LAST DAY OF DECEMBER, 2015 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2015 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for all operating funds for 2015; and WHEREAS, the Town Council finds it necessary to amend the 2015 budget to more accurately reflect the revenues and expenditures for 2015; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are revised as follows for 2015: Original or Previously Amended 2015 Budget Current Proposed Amended 2015 Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 3,315,036 15,163,046 13,849,405 $ 4,464,298 15,186,258 14,690,988 Ending Fund Balance $ 4,628,677 $ 4,959,568 Res. No. 15-09 April 28, 2015 Page 2 of 2 Original or Previously Amended 2015 Budget Current Proposed Amended 2015 Budget Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 844,469 170,000 165,238 $ 916,230 170,000 185,286 Ending Fund Balance $ 849,231 $ 900,944 Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 511,335 1,350,507 1,350,507 $ 507,988 1,105,345 1,105,345 Ending Fund Balance $ 511,335 $ 507,988 Transit Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 495,562 1,796,337 1,869,598 $ 639,476 1,921,337 2,029,119 Ending Fund Balance $ 422,301 $ 531,694 Fleet Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 179,389 1,672,358 1,688,919 $ 204,027 1,672,358 1,698,851 Ending Fund Balance $ 162,828 $ 177,533 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 28th day of April, 2015. AVON TOWN COUNCIL By:___________________________ Attest:________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk Fund Summary Adopted Amended Difference Actual Budget Budget Increase 2014 2015 2015 (Decrease) REVENUES Taxes 10,842,607$ 10,820,041$ 10,820,041$ -$ Licenses and Permits 210,636 153,500 153,500 - Intergovernmental 937,927 948,956 967,456 18,500 Charges for Services 1,268,023 1,276,195 1,276,195 - Fines and Forfeitures 131,513 101,900 106,612 4,712 Investment Earnings 26,432 15,000 15,000 - Other Revenue 347,731 309,119 309,119 - Total Operating Revenues 13,764,869 13,624,711 13,647,923 23,212 Other Sources Capital Lease Proceeds - - - - Sales of Capital Assets - - - - Transfer-In From Capital Projects Fund 207,121 1,538,335 1,538,335 - Total Other Sources 207,121 1,538,335 1,538,335 - TOTAL REVENUES 13,971,990$ 15,163,046$ 15,186,258$ 23,212$ EXPENDITURES General Government 2,884,616$ 2,848,748$ 2,878,171$ 29,423$ Community Development 456,063 1,060,377 1,455,162 394,785 Public Safety 2,726,711 2,992,877 3,001,223 8,346 Public Works 3,409,472 2,983,725 3,126,529 142,804 Parks and Recreation 1,654,078 2,191,678 2,232,903 41,225 Total Operating Expenditures 11,130,940 12,077,405 12,693,988 616,583 Contingency - 100,000 100,000 - Other Uses Transfers-Out to Town Center West Fund 45,000 150,000 150,000 - Transfers-Out to Capital Projects Fund 2,025,000 120,000 345,000 225,000 Transfers-Out to Transit 860,000 1,102,000 1,102,000 - Transfers-Out to Fleet Maintenance 300,000 300,000 300,000 - Total Other Uses 3,230,000 1,672,000 1,897,000 225,000 TOTAL EXPENDITURES 14,360,940 13,849,405 14,690,988 841,583 NET SOURCE (USE) OF FUNDS (388,950) 1,313,641 495,270 (818,371) FUND BALANCES, Beginning of Year 4,853,248 3,315,036 4,464,298 1,149,262 FUND BALANCES, End of Year 4,464,298$ 4,628,677$ 4,959,568$ 330,891$ FUND BALANCES: Nonspendable -$ -$ -$ -$ Restricted For: 3% TABOR Emergency Reserve 476,619 532,355 598,376 66,021 Assigned For: Special Events - 300,000 121,878 (178,122) 2015 World Alpine Ski Championships - - - - Unassigned: 25% Minimum Reserve Balance 3,590,235 3,462,351 3,672,747 210,396 Stabilitzation Balance 397,444 333,971 566,567 232,596 TOTAL FUND BALANCES 4,464,298$ 4,628,677$ 4,959,568$ 330,891$ General Fund #10 Supplemental Amendment No. 1 Fund Summary Adopted Amended Difference Actual Budget Budget Increase 2014 2015 2015 (Decrease) REVENUES Charges for Services: Water Surcharges 149,832$ 150,000$ 150,000$ -$ Tap Fees 285,948 20,000 20,000 - Tap Fees - Mountain Star 53,822 - - - Total Charges for Services 489,602 170,000 170,000 - Other Revenues Nonclassified Revenues - - - - TOTAL REVENUES 489,602$ 170,000$ 170,000$ -$ EXPENDITURES Water Utilities 170,166 165,238 185,286 20,048 Total Operating Expenditures 170,166 165,238 185,286 20,048 Other Uses Transfers Out - Capital Projects Fund 157,764 - - - TOTAL EXPENDITURES 327,930 165,238 185,286 20,048 NET SOURCE (USE) OF FUNDS 161,672 4,762 (15,286) (20,048) FUND BALANCES, Beginning of Year 754,558 844,469 916,230 71,761 FUND BALANCES, End of Year 916,230$ 849,231$ 900,944$ 51,713$ FUND BALANCES: Restricted For: Water Projects 316,230$ 249,231$ 300,944$ 51,713$ Assigned For: Mountain Star Water Tank Contribution 600,000 600,000 600,000 - TOTAL FUND BALANCES 916,230$ 849,231$ 900,944$ 51,713$ Water Fund #24 Supplemental Amendment No. 1 Fund Summary Adopted Amended Difference Account Actual Budget Budget Increase Number Description 2014 2015 2015 (Decrease) REVENUES Taxes: 51101 General Property Taxes 550,201$ 541,020$ 541,020$ -$ 51102 Property Tax - Delinquent 1 - - - 51103 Property Tax - Interest & Penalties (5,775) - - - 51104 Property Tax - Abatement (12,352) - - - 51000 Total Taxes 532,075 541,020 541,020 - Investment Earnings: 57101 Investment Earnings 294 1,000 1,000 - Other Sources: 59201 Transfers-In from Capital Projects Fund 732,375 808,487 563,325 (245,162) 59000 Total Other Sources 732,375 808,487 563,325 (245,162) 50000 TOTAL REVENUES 1,264,744 1,350,507 1,105,345 (245,162) EXPENDITURES Debt Service: 919 Series 1999, Sales Tax Revenue Refunding Bonds 65101 Principal 445,000 - - - 65102 Interest 20,248 - - - 922 Series 2004, G.O. Refunding Bonds 65101 Principal 475,000 490,000 490,000 - 65102 Interest 58,012 40,200 40,200 - 924 Series 2010, Certificates of Participation 65101 Principal 125,000 130,000 130,000 - 65102 Interest 123,581 119,832 119,832 - 925 Series 2014A, Certificates of Participation (Skier Bldg.) 65101 Principal - - - - 65102 Interest - 245,162 - (245,162) 926 Series 2014B, Certificates of Participation (Street Improvements) 65101 Principal - 210,000 210,000 - 65102 Interest - 94,493 94,493 - 911 64303 County Treasurer Fees 10,787 10,820 10,820 - 65103 Fiscal Agent Fees 10,463 10,000 10,000 - Total Debt Service 1,268,091 1,350,507 1,105,345 (245,162) 60000 TOTAL EXPENDITURES 1,268,091 1,350,507 1,105,345 (245,162) NET SOURCE (USE) OF FUNDS (3,347) - - - FUND BALANCES, Beginning of Year 511,335 511,335 507,988 (3,347) FUND BALANCES, End of Year 507,988$ 511,335$ 507,988$ (3,347)$ Debt Service Fund #31 Supplemental Amendment No. 1 Fund Summary Adopted Amended Difference Actual Budget Budget Increase 2014 2015 2015 (Decrease) REVENUES Charges for Services 1,287,309$ 1,372,358$ 1,372,358$ -$ Other Revenue 13,059 - - - Total Operating Revenues 1,300,368 1,372,358 1,372,358 - Other Sources Transfers-In from General Fund 300,000 300,000 300,000 - Capital Lease Proceeds - - - - Total Other Sources 300,000 300,000 300,000 - TOTAL REVENUES 1,600,368 1,672,358 1,672,358 - EXPENDITURES Public Works: Fleet Maintenance 1,619,138 1,688,919 1,698,851 9,932 Total Operating Expenditures 1,619,138 1,688,919 1,698,851 9,932 TOTAL EXPENDITURES 1,619,138 1,688,919 1,698,851 9,932 NET SOURCE (USE) OF FUNDS (18,770) (16,561) (26,493) (9,932) FUND BALANCES, Beginning of Year 222,797 179,389 204,027 24,638 FUND BALANCES, End of Year 204,027$ 162,828$ 177,534$ 14,706$ Fleet Maintenance Enterprise Fund #61 Supplemental Amendment No. 1 Fund Summary Adopted Amended Difference Actual Budget Budget Increase 2014 2015 2015 (Decrease) REVENUES Taxes 40,079$ 40,191$ 40,191$ -$ Intergovernmental - 328,000 453,000 125,000 Charges for Services 282,878 263,066 263,066 - Other Revenues 61,837 63,080 63,080 - Total Operating Revenues 384,794 694,337 819,337 125,000 Other Sources Transfers In from General Fund - Operating 860,000 1,020,000 1,020,000 - Transfers In from General Fund - Capital - 82,000 82,000 - Total Other Sources 860,000 1,102,000 1,102,000 - TOTAL REVENUES 1,244,794 1,796,337 1,921,337 125,000 EXPENDITURES Administration 205,150 240,302 244,086 3,784 Operations 866,555 1,408,165 1,563,787 155,622 Washbay 94,345 221,131 221,246 115 TOTAL EXPENDITURES 1,166,050 1,869,598 2,029,119 159,521 NET SOURCE (USE) OF FUNDS 78,744 (73,261) (107,782) (34,521) FUND BALANCES, Beginning of Year 560,732 495,562 639,476 143,914 FUND BALANCES, End of Year 639,476$ 422,301$ 531,694$ 109,393$ Transit Enterprise Fund #52 Supplemental Amendment No. 1 Res. No. 15-10 April 28, 2015 Page 1 of 2 TOWN OF AVON, COLORADO RESOLUTION NO. 15-10 SERIES OF 2015 A RESOLUTION TO AMEND THE 2015 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2015 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2015 AND ENDING ON THE LAST DAY OF DECEMBER, 2015 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2015 Capital Projects Fund budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2015; and WHEREAS, the Town Council finds it necessary to amend the 2015 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2015; and WHEREAS, the Town Council has caused to be published a notice containing the date and time of a public hearing at which the adoption of the proposed budget amendment will be considered and a statement that the proposed budget amendment is available for public inspection at the office of the Town Clerk located in the Avon Town Hall during normal business hours, and that any interested elector of the Town of Avon may file any objection to the proposed budget amendment at any time prior to the final adoption of the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the Capital Projects Fund are revised as follows for 2015: Res. No. 15-10 April 28, 2015 Page 2 of 2 Original or Previously Amended 2015 Budget Current Proposed Amended 2015 Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 6,547,338 3,979,053 7,554,766 $ 3,386,721 8,286,553 6,702,311 Ending Fund Balance $ 2,971,625 $ 2,872,636 Section 2. That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. Section 3. That the Capital Projects Fund budget as hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 28th day of April, 2015. AVON TOWN COUNCIL By:______________________________ Attest:________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk Page 1 Fund Summary Original or Proposed Prev. Amended Revised Difference Actual Budget Budget Increase 2014 2015 2015 (Decrease) REVENUES Taxes 3,764,526$ 3,825,312$ 3,825,312$ -$ Intergovernmental 1,026,019 30,000 232,500 202,500 Investment Earnings 13,298 3,741 3,741 - Other Revenue 74,926 - 80,000 80,000 Total Revenues 4,878,769 3,859,053 4,141,553 282,500 Other Sources: Transfer In from Other Funds 3,904,015 120,000 345,000 225,000 Certificates of Participation - - 3,800,000 3,800,000 Total Other Sources 3,904,015 120,000 4,145,000 4,025,000 TOTAL REVENUES AND OTHER SOURCES 8,782,784 3,979,053 8,286,553 4,307,500 EXPENDITURES Capital Improvements: Facilities 3,010,753 2,705,000 2,818,508 113,508 Land and Land Improvements 73,966 - 150,000 150,000 Roads and Streets 4,612,269 2,381,679 3,417,995 1,036,316 Water Fund Projects 161,506 - - - Communications and Technology 64,215 - 70,238 70,238 Strategic Planning 5,000 - 30,000 30,000 Debt Service: Bond Issuance Costs - - 93,800 93,800 Capital Leases 153,511 121,265 121,770 505 Total Expenditures 8,081,220 5,207,944 6,702,311 1,494,367 Other Uses Operating Transfer-Out - General Fund 207,121 1,538,335 1,538,335 - Operating Transfer-Out - Debt Service Fund 732,375 808,487 559,992 (248,495) Total Other Uses 939,496 2,346,822 2,098,327 (248,495) TOTAL EXPENDITURES AND OTHER USES 9,020,716 7,554,766 8,800,638 1,245,872 NET SOURCE (USE) OF FUNDS (237,932) (3,575,713) (514,085) 3,061,628 FUND BALANCE, Beginning of Year 3,624,653 6,547,338 3,386,721 (3,160,617) FUND BALANCE, End of Year 3,386,721$ 2,971,625$ 2,872,636$ (98,989)$ Fund Balances Restricted For: Street Improvements -$ 1,624,521$ 1,624,521$ -$ Asphalt Overlay - 120,000 240,000 120,000 Unassigned and Unreserved 3,386,721 1,227,104 1,008,115 (218,989) Total Fund Balances 3,386,721$ 2,971,625$ 2,872,636$ (98,989)$ Capital Projects Fund #41 Supplemental Amendment No. 1 Page 2 Original or Proposed Prev. Amended Revised Difference Actual Budget Budget Increase Description 2014 2015 2015 (Decrease) Taxes: Penalties and Interest 3,733$ -$ -$ -$ Real Estate Transfer Tax 3,760,793 3,825,312 3,825,312 - Total Taxes 3,764,526 3,825,312 3,825,312 - Intergovernmental: Federal / State: FTA 90 SGR Grant 49,705 - - - FTA-5311 Capital Funding Grant (Bus Shelters)- - 125,000 125,000 CDOT FASTER Grant - - - - GOCO Grant - Eagle Valley Trail - Phase 1 497,000 - - - CDOT Grant - Eagle Valley Trail - Phase 3 - - - - Local Government / Other: ECO Grant - Traer Creek Bus Stop - 30,000 30,000 - Eagle County Trails Grant - Phase 2 463,864 - - - Eagle County Trails Grant - Saddleridge Trail 15,450 - - - Asphalt Overlay Contributions - TCMD - - 40,000 40,000 Short-term Loan Repayment - ERFPD - - 37,500 37,500 Total Intergovernmental 1,026,019 30,000 232,500 202,500 Investment Earnings: Interest Earnings 17,962 3,741 3,741 - Net Increase (Decrease) in Fair Value (4,664) - - - Total Investment Earnings 13,298 3,741 3,741 - Other Revenues: Asphalt Overlay Contributions - Developer - - 80,000 80,000 Donations and Contributions 27,000 - - - Project cost Reimbursements 32,614 - - - Nonclassifed 15,312 - - - Total Other Revenues 74,926 - 80,000 80,000 Revenue Detail Capital Projects Fund #41 Supplemental Amendment No. 1 Page 3 Original or Proposed Prev. Amended Revised Difference Actual Budget Budget Increase Description 2014 2015 2015 (Decrease) Revenue Detail Capital Projects Fund #41 Supplemental Amendment No. 1 Other Sources: Transfer In from General Fund: Capital Fund Shortfall - - 225,000 225,000 Nottingham Park Pavillion 700,000 - - - Short-term Loan 1,325,000 - - - Asphalt Overlay - 120,000 120,000 - Transfer In from Avon URA (2014 Mall Improvements)700,000 - - - Transfer In from Community Enhancement Fund 608,000 - - - Transfer In from Facilities Reserve Fund 413,251 - - - Transfer In from Water Fund 157,764 - - - Certificates of Participation - - 3,800,000 3,800,000 Total Other Sources 3,904,015 120,000 4,145,000 4,025,000 TOTAL REVENUES 8,782,784$ 3,979,053$ 8,286,553$ 4,307,500$ Page 4 (1)(2)(3)(4)(1+2+4) Proposed Revised 2013 and Current Revised Estimated Difference Account Prior Actual Budget Budget Project-to-Date Increase Number Description Actuals 2014 2015 2015 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Facilities: General Government Facilities: 11011 Town Hall Acquisition -$ 5,822$ -$ 27,000$ 32,822$ 3,200,000$ 32,822$ (3,167,178) 11012 Town Hall Tenant Finish - - 2,520,000 - - 2,520,000 - (2,520,000) New Short-term Loan to Fire District - - - 750,000 750,000 - 750,000 750,000 Joint Public Safety Facility Project: New Design - - - 270,000 270,000 - 270,000 270,000 I70 Transit / PW Facilities Improvement Project:- 13005 Public Works Facilities (On Site & Lot 5)585,773 77,212 - 56,489 719,474 719,474 719,474 - 13009 Transit Facility Construction (Grant #90)8,487,601 30,065 - - 8,517,666 8,281,888 8,281,888 - Transportation Facilities: 14011 Transit Bus Shelters - - 125,000 250,000 250,000 125,000 250,000 125,000 Transit Bus Stop - Traer Creek Plaza - 4,490 60,000 55,510 60,000 60,000 60,000 - Cultural and Recreational Facilities: 15009 Locker Room Remodel - 106,673 - - 106,673 120,000 120,000 - 15010 Recreation Center Remodel - Yoga Studio and Weight - 62,207 - 17,793 80,000 80,000 80,000 - 15012 Nottingham Park Pavilion - 2,724,284 - 1,145,716 3,870,000 3,870,000 3,870,000 - New Recreation Center Exterior Renovation - - - 45,000 45,000 - 45,000 45,000 New Recreation Center - Remodel - Phase 2 - - - 92,000 92,000 - 92,000 92,000 New Recreation Center - Bouldering Wall - - - 50,000 50,000 - 50,000 50,000 New Recreation Center - Slide Refurbishment - - - 59,000 59,000 - 59,000 59,000 Land and Land Improvements: 21016 Nottingham Park Zone C Improvements - Playground De - 3,966 - 75,000 78,966 550,000 1,075,000 525,000 21018 Nottingham Park Athletic Field Drainage Improvements - 70,000 - - 70,000 70,000 70,000 - New Fishing Pier Repairs - - - 75,000 75,000 - 75,000 75,000 Project Expenditures Total Project Budget CIP Projects Inventory Capital Projects Fund #41 Supplemental Amendment No. 1 Page 5 (1)(2)(3)(4)(1+2+4) Proposed Revised 2013 and Current Revised Estimated Difference Account Prior Actual Budget Budget Project-to-Date Increase Number Description Actuals 2014 2015 2015 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Project Expenditures Total Project Budget CIP Projects Inventory Capital Projects Fund #41 Supplemental Amendment No. 1 Roads and Streets: Streetscape Improvements 31014 Avon Rd. Streetscape Update - 242,052 300,000 10,000 252,052 484,000 252,052 (231,948) 31015 2014 Mall Improvements - 1,789,645 - 203,058 1,992,703 1,992,703 1,992,703 - 31018 Post Blvd. Landscaping Improvements - 308,986 - 30,000 338,986 368,000 338,986 (29,014) 31019 Post Blvd. Electrical Assessment and Street Lights - 44,401 - 33,599 78,000 78,000 78,000 - 31020 Avon Rd. Streetlights - 165,753 - - 165,753 200,000 165,753 (34,247) New 2015 Avon Rd. Landscaping Project - - - 485,000 485,000 - 485,000 485,000 35003 Roundabout #4 TCW Feature - 75,343 - - 75,343 60,000 60,000 - Annual Street Maintenance: 33014 2014 Paving/Road Improvements - 740,622 - - 740,622 763,760 763,760 - 33015 2015 Paving/Road Improvements - - 2,081,679 2,081,679 2,081,679 2,081,679 2,081,679 - Street Improvements 32015 US Hwy 6 Shoulder Widening Contribution - 50,000 - - 50,000 50,000 50,000 - 34024 B/C Blvd. Bike Lanes - - - 35,000 35,000 35,000 35,000 - 32017 Metcalf Road Bike Climbing Lane - Phase 2 - - - 500,000 500,000 700,000 500,000 (200,000) Multi-Modal/Alternative Mobility: 34017 Eagle Valley Trails: Phase 1 - 556,525 - - 556,525 561,000 561,000 - 34023 Eagle Valley Trails: Phase 2 - 469,146 - - 469,146 522,000 522,000 - 34015 Eagle Valley Trails: Phase 3 - 10,341 - 39,659 50,000 2,850,000 3,050,000 200,000 Recreational Trails Program: 34019 West Avon Preserve Trail Improvements - 159,455 - - 159,455 157,626 157,626 - Water Fund Projects: 61010 Nottingham Lake Liner Replacement 1,160,465 157,674 - - 1,318,139 1,300,000 1,300,000 - 21020 Pump House Pump Replacement - 3,832 - - 3,832 100,000 100,000 - Page 6 (1)(2)(3)(4)(1+2+4) Proposed Revised 2013 and Current Revised Estimated Difference Account Prior Actual Budget Budget Project-to-Date Increase Number Description Actuals 2014 2015 2015 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Project Expenditures Total Project Budget CIP Projects Inventory Capital Projects Fund #41 Supplemental Amendment No. 1 Strategic Planning: 79110 Recreation Center Expansion: Exhibits and Displays - 5,000 - - 5,000 5,000 5,000 - New Space Needs Analysis - - - 30,000 30,000 - 30,000 30,000 Communications and Technology: 81008 Digital Ticketing - - - 60,000 60,000 60,000 60,000 - 81009 CityVision Budgeting Software System - 39,453 - - 39,453 40,000 40,000 - 81010 Timekeeping Software and Peripheral Devices - 24,762 - 10,238 35,000 35,000 35,000 - Total Capital Improvement Projects 10,233,839$ 7,927,709$ 5,086,679$ 6,486,741$ 24,648,289$ 32,040,130$ 28,563,743$ (3,476,387)$ TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Date: April 23, 2015 Agenda Topic: April 2015 Update on H.A. Nottingham Park Pavilion and Fishing Pier Pavilion The H.A. Nottingham Park Pavilion (Pavilion) was mostly completed in January and the contractor is planning to complete the items that could not be completed in the winter by mid-May including side curtains, landscaping and painting the canopy. The project is within the budget and the costs are summarized below: Item Amount Construction $3,469,996 Architecture, Engineering and othe Fees $335,000 Total $3,804,996 Budget $3,870,000 Funds Remaining $65,004 Included in the construction costs is $97,000 for sound baffles attached to the ceiling that are supposed to help project unamplified sound to the field. The acoustic consultant stated that the baffles will have minimal effect in projecting sound out to the field because of the height of the canopy and the lack of side walls, like a bandshell. We are recommending deleting the $97,000 from the project and adding the funds to the contingency. This will increase the funds remaining to $162,004. If numerous non-amplified sound events are programed in the future the addition of the baffles can be revisited. A portion of the remaining funds will be used to pay for several items that were valued engineered out of the project that now seem necessary including lighting controls, concrete band to contain the pavers in the front plaza, landscaping in addition to adding sand below the sod infront of the plaza to improve drainage. These items are estimated to cost approximately $100,000 leaving the project about $62,000 under budget. Fishing Pier Over the winter, 7 of the 16 columns that support the fishing pier broke. The structural engineer stated the damage was from lateral forces of the ice moving. He speculated that it was damaged this year and not in previous years because shifting ice had a larger then normal force due to the lower lake levels. The repair is being advertised on the Town’s website and bids are due on Friday, April 24th. The repairs are scheduled to be completed by May 15th. If the repairs cannot be completed by May 15th then the work will be delayed until after the summer tourist season. The work is estimated to cost$50,000 and the actual cost will be available at the Town Council meeting. TOWN OF AVON CAPITAL PROJECTS FUND 5-YEAR PLAN Page 1 Proposed Current Revised Proposed Actual Budget Budget Budget 2014 2015 2015 2016 2017 2018 2019 REVENUES Real Estate Transfer Tax:3,764,526$ 3,825,312$ 3,825,312$ 3,318,080$ 3,190,368$ 2,000,000$ 2,000,000$ Interest Earnings 13,298 3,741 3,741 13,372 10,460 16,388 19,675 Intergovernmental: Federal/State: FTA 90 SGR 49,705 - - - - - - FTA-5311 Capital Funding Grant (Bus Shelters)- - 125,000 - - - - GOCO Grant - Eagle Valley Trail - Phase 1 497,000 - - - - - - CDOT Grant - Eagle Valley Trail - Phase 3 - - - 1,355,000 - - - GOCO Grant - Playground - - - 350,000 - - - Local Government: ECO Grant - Traer Creek Bus Stop - 30,000 30,000 - - - - Eagle County Trails Grant - Phase 2 463,864 - - - - - - Eagle County Trails Grant - Saddleridge Trail 15,450 - - - - - - Asphalt Overlay Contributions - TCMD - - 40,000 40,000 40,000 40,000 40,000 Short-term Loan Repayment - ERFPD - - 37,500 75,000 75,000 562,500 - Other Revenues: Asphalt Overlay Contributions - Developer - - 80,000 80,000 80,000 80,000 80,000 Donations and Contributions 27,000 - - - - - - Project Cost Reimbursements 32,614 - - - - - - Nonclassified 15,312 - - - - - - Total Operating Revenues 4,878,769 3,859,053 4,141,553 5,231,452 3,395,828 2,698,888 2,139,675 Other Sources: Debt Proceeds - Street Improvements - - 3,800,000 - - - - Transfer in from General Fund - Fund Shortfall - - 225,000 250,000 - - - - Nottingham Park Pavilion 700,000 - - - - - - - Short-term Loan 1,325,000 - - - - - - - Asphalt Overlay - 120,000 120,000 120,000 120,000 120,000 120,000 Transfer in from the AURA - Mall Improvement Project 700,000 - - - - - - Transfer in from Community Enhancement Fund - Mall Improvement Project 608,000 - - - - - - - 2016 Power line Undergrounding - - - 100,000 - - - Transfer in from Facilities Reserve Fund - Consolidation with Capital Projects Fund 413,251 - - - - - - Transfer in from Water Fund 157,764 - - 100,000 - - - Total Other Sources 3,904,015 120,000 4,145,000 570,000 120,000 120,000 120,000 Total Revenues and Sources of Funds 8,782,784$ 3,979,053$ 8,286,553$ 5,801,452$ 3,515,828$ 2,818,888$ 2,259,675$ Projected TOWN OF AVON CAPITAL PROJECTS FUND 5-YEAR PLAN Page 2 Proposed Current Revised Proposed Actual Budget Budget Budget 2014 2015 2015 2016 2017 2018 2019 Projected EXPENDITURES Capital Improvements: Facilities 3,010,753 2,705,000 2,818,508 80,000 - 75,000 300,000 Land and Land Improvements 73,966 - 150,000 1,000,000 625,000 - - Roads and Streets 4,612,269 2,381,679 3,417,995 4,478,378 776,143 650,000 250,000 Utilities - - - - - - - Water Fund Projects 161,506 - - 100,000 - - - Communications and Technology 64,215 - 70,238 - - - - Strategic Planning 5,000 - 30,000 - - - - Debt Service: Debt Issuance Costs - - 93,800 - - - - Capital Leases 153,511 121,265 121,770 121,770 121,770 121,770 43,082 Total Expenditures 8,081,220 5,207,944 6,702,311 5,780,148 1,522,913 846,770 593,082 Other Uses: Operating Transfers Out - General Fund: - Engineering Department Salary and Operations 207,121 213,335 213,335 219,735 226,327 233,117 240,110 - Repayment of Short-term Loan - 1,325,000 1,325,000 - - - - Operating Transfers Out - Debt Service Fund: - 2010 Certificates of Participation Notes 255,081 252,165 252,165 252,165 253,265 251,881 250,133 - Town Hall & Parking Facility - 248,495 - - - - - - 1999 Revenue Refunding Bonds (Rec Center)477,294 - - - - - - - 2015-17 Street Improvements - 307,827 307,827 309,494 302,926 302,931 302,825 Total Other Uses 939,496 2,346,822 2,098,327 781,394 782,518 787,929 793,068 Total Expenditures and Uses of Funds 9,020,716 7,554,766 8,800,638 6,561,542 2,305,431 1,634,699 1,386,150 Net Source (Use) of Funds (237,932) (3,575,713) (514,085) (760,090) 1,210,397 1,184,189 873,525 Fund Balance, Beginning of Year 3,624,653 6,547,338 3,386,721 2,872,636 2,112,546 3,322,943 4,507,132 Fund Balance, End of Year 3,386,721$ 2,971,625$ 2,872,636$ 2,112,546$ 3,322,943$ 4,507,132$ 5,380,657$ TOWN OF AVON CAPITAL PROJECTS FUND 5-YEAR PLAN Page 3 Proposed Current Revised Proposed Actual Budget Budget Budget 2014 2015 2015 2016 2017 2018 2019 Projected Fund Balances Restricted For: Street Improvements -$ 1,624,521$ 1,624,521$ 626,143$ -$ -$ -$ Asphalt Overlay - 120,000 240,000 480,000 720,000 960,000 1,200,000 Assigned For: Facility Debt Service - - - - 400,000 800,000 1,200,000 Unassigned: Unreserved 3,386,721 1,227,104 1,008,115 1,006,403 2,202,943 2,747,132 2,980,657 Total Fund Balances 3,386,721$ 2,971,625$ 2,872,636$ 2,112,546$ 3,322,943$ 4,507,132$ 5,380,657$ TOWN OF AVON CAPITAL PROJECTS INVENTORY 5-YEAR PLAN (Nondiscretionary Projects) Page 4 Proposed Estimated Total 2013 and Current Revised Project Cost Proposed Project Prior Yr.Actual Budget Budget To-Date Budget Budget Actuals 2014 2015 2015 2015 2016 2017 2018 2019 CAPITAL IMPROVEMENT PROJECTS Facilities: General Government Facilities: 11011 Town Hall Acquisition 3,200,000$ -$ 5,822$ -$ 27,000$ 32,822$ -$ -$ -$ -$ 11012 Town Hall Tenant Finish - - - 2,520,000 - - - - - - New Short-term Loan to Fire District 750,000 - - - 750,000 750,000 - - - - Joint Public Safety Facility Project: New Design 270,000 - - - 270,000 270,000 - - - - Transit / PW Facilities Improvement Project: 13005 Public Works Improvements, (On-site and Lot 5)719,474 585,773 77,212 - 56,489 719,474 - - - - 13009 Transit Facility Construction (Grant #90)8,281,888 8,487,601 30,065 - - 8,517,666 - - - - Public Works Facilities 13012 Cinder De-icer Storage 200,000 - - - - - - - - 200,000 13013 Large Vehicle Storage 100,000 - - - - - - - - 100,000 Transportation Facilities 14010 Fleet Maintenance EPDM Roof Replacement 80,000 - - - - - 80,000 - - - 14013 Transit Bus Stop Improvements 75,000 - - - - - - - 75,000 - 14011 Transit Bus Shelters 250,000 - - 125,000 250,000 250,000 - - - - 14012 Transit Bus Stop - Traer Creek Plaza 60,000 - 4,490 60,000 55,510 60,000 - - - - Cultural and Recreational Facilities:- 15009 Recreation Center - Locker Room Remodel 120,000 - 106,673 - - 106,673 - - - - 15010 Recreation Center Remodel - Yoga Studio and Weight 80,000 - 62,207 - 17,793 80,000 - - - - 15012 Nottingham Park Pavilion 3,870,000 - 2,724,284 - 1,145,716 3,870,000 - - - - New Recreation Center Exterior Renovation 45,000 - - - 45,000 45,000 - - - - New Recreation Center - Remodel - Phase 2 92,000 - - - 92,000 92,000 - - - - New Recreation Center - Bouldering Wall 50,000 - - - 50,000 50,000 - - - - New Recreation Center - Slide Refurbishment 59,000 - - - 59,000 59,000 - - - - Land and Land Improvements: H.A. Nottingham Park Improvements 21016 Nottingham Park Zone C Improvements - Playground 1,075,000 - 3,966 - 75,000 78,966 1,000,000 - - - 21017 Nottingham Park - Remodel Restrooms 275,000 - - - - - - 275,000 - - 21018 Nottingham Park Athletic Field Drainage Improvements 70,000 - 70,000 - - 70,000 - - - - 21019 Upper Athletic Field Replacement 350,000 - - - - - - 350,000 - - New Fishing Pier Repairs 75,000 - - - 75,000 75,000 - - - - Projected TOWN OF AVON CAPITAL PROJECTS INVENTORY 5-YEAR PLAN (Nondiscretionary Projects) Page 5 Proposed Estimated Total 2013 and Current Revised Project Cost Proposed Project Prior Yr.Actual Budget Budget To-Date Budget Budget Actuals 2014 2015 2015 2015 2016 2017 2018 2019 CAPITAL IMPROVEMENT PROJECTS Projected Roads and Streets: Streetscape Improvements 31014 Avon Rd. Streetscape Update 484,000 - 242,052 300,000 10,000 252,052 - - - - 31015 2014 Mall Improvements 1,992,703 - 1,789,645 - 203,058 1,992,703 - - - - 31018 Post Blvd. Landscaping Improvements 368,000 - 308,986 - 30,000 338,986 30,000 - - - 31019 Post Blvd. Electrical Assessment and Street Lights 78,000 - 44,401 - 33,599 78,000 - - - - 31020 Avon Rd. Street Lights 200,000 - 165,753 - - 165,753 - - - - 31022 Avon Rd./I70 Overpass Pedestrian Improvements 100,000 - - - - - 100,000 - - - 31024 Roundabout #4 TCW Art Element 250,000 - - - - - 250,000 - - - 32017 Metcalf Road - Retaining Wall Stabilization 100,000 - - - - - - 100,000 - - New 2015 Avon Rd. Landscaping Project 485,000 - - - 485,000 485,000 - - - - 35003 Roundabout #4 TCW Feature 60,000 - 75,343 - - 75,343 - - - - Street Improvements: Annual Paving/Road Improvements N/A - 740,622 2,081,679 2,081,679 NA 998,378 626,143 500,000 250,000 32015 US Hwy 6 Shoulder Widening Contribution 50,000 - 50,000 - - 50,000 - - - - 34024 B/C Blvd. Bike Lanes 35,000 - - - 35,000 35,000 - - - - 32017 Metcalf Road Bike Climbing Lane - Phase 2 500,000 - - - 500,000 500,000 - - - - Multi-Modal/Alternative Mobility: 34017 Eagle Valley Trails Phase 1 (Grant Funded)561,000 - 556,525 - - 556,525 - - - - 34023 Eagle Valley Trails Phase 2 (Grant Funded)522,000 - 469,146 - - 469,146 - - - - 34015 Eagle Valley Trails Phase 3 (CDOT Funded)3,050,000 - 10,341 - 39,659 50,000 3,000,000 - - - 34016 Eagle Valley Trails Undergrounding Project (CEF)100,000 - - - - - 100,000 - - - Recreational Trails Program: 34019 West Avon Preserve Trail Improvements 157,626 - 159,455 - - 159,455 - - - - 34021 Nottingham Trail-Buck Creek Trail connector 50,000 - - - - - - 50,000 - - 34022 Buck Creek Trail Improvements 150,000 - - - - - - - 150,000 - Water Fund Projects 61010 Nottingham Lake Liner Replacement 1,300,000 1,160,465 157,674 - - 1,318,139 - - - - 21020 Pump House Pump Replacement 100,000 - 3,832 - - 3,832 100,000 - - - Communications and Technology e-Gov.: 81008 Digital Ticketing 60,000 - - - 60,000 60,000 - - - - 81009 CityVision Budgeting and BPM Software 40,000 - 39,453 - - 39,453 - - - - 81010 Timekeeping Software and Peripheral Devices 35,000 - 24,762 - 10,238 35,000 - - - - TOWN OF AVON CAPITAL PROJECTS INVENTORY 5-YEAR PLAN (Nondiscretionary Projects) Page 6 Proposed Estimated Total 2013 and Current Revised Project Cost Proposed Project Prior Yr.Actual Budget Budget To-Date Budget Budget Actuals 2014 2015 2015 2015 2016 2017 2018 2019 CAPITAL IMPROVEMENT PROJECTS Projected Strategic Planning Planning and Consulting: 79110 Recreation Center Expansion: Exhibits and Displays 5,000 - 5,000 - - 5,000 - - - - New Space Needs Analysis 30,000 - - - 30,000 30,000 - - - - Total Capital Improvement Projects 31,010,691$ 10,233,839$ 7,927,709$ 5,086,679$ 6,486,741$ 21,825,988$ 5,658,378$ 1,401,143$ 725,000$ 550,000$ TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Date: April 23, 2015 Agenda Topic: Authorization to Issue Notice of Award for the Avon Road 2015 Landscape Improvements Project Summary: The Avon Road 2015 Landscape Improvements Project is a comprehensive update of the Avon Road landscaping that has been in place since the construction of the roundabouts in 1998. The proposed 2015 project scope includes new landscaping at the median islands and at Roundabouts #1, #2, and #3. Another goal of the project is to reduce water requirements by installing native, drought tolerant plants and water efficient irrigation fixtures. The landscaping improvments plan was approved by the Planning and Zoning Commisison and was presented to Town Council on February 24, 2015. Council was unified in its support of the project and design. Discussion: Staff advertised the Avon Road 2015 Landscape Improvements Project beginning the week of March 5, 2015 and the Bid Opening was held on April 16, 2015. Three bids were received; Rocky Mountain Custom Landscapes with a bid of $553,591.74, Clarke & Co., with a bid of $534,010.68, and Whittaker Landscape Services, Inc. with a bid of $465,805.73. All received bids are substantially lower than the $690,107 cost estimate developed with unit prices from the 2014 bid results. The Avon Road 2015 Landscape Improvements project will require temporary closures of some lanes during construction. Outreach to citizens, businesses, and emergency services will be coordinated by Staff and the Contractor. Construction Schedule: The Avon Road 2015 Landscape Improvements Project is scheduled to begin May 15th and be completed by August 1st. Budget: The 2015 Capital Projects Fund Amendment increases the budget from $300,000 to $485,000 for the Avon Road 2015 Landscape Improvements Project. An additional $19,194 will be required for consultant fees and other expenses for a total of $485,000. A 10% contingency is included in the bid amount. Table 1: Avon Road 2015 Landscape Improvements Project Budget Line Item Amount Landscape Improvements Construction (Includes 10% Contingency) $ 465,806 Consultant Services $19,194 Total Estimated Project Costs $ 485,000 Staff Recommendation: Staff requests Council authorization to award the Avon Road 2015 Landscape Improvements Project Contract to the low bidder, Whittaker Landscape Services, Inc., in the amount of $465,805.73, pending amendment of the 2015 CIP Budget. Recommended Motion: Motion to authorize issuance of Notice of Award for the Avon Road 2015 Landscape Improvements Project Contract to the low bidder, Whittaker Landscape Services, Inc., in the amount of $465,805.73. TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Date: April 23, 2015 Agenda Topic: Authorization to Issue Notice of Award for the 2015 Street Improvements - Slurry Seal Project Summary: The Surry Seal Project is one component of the overall 2015 Street Improvements Program. For 2015, the Street Improvements Program includes slurry seal, asphalt overlay, construction of a bicycle climbing lane on Metcalf Road, extension of concrete sidewalk on East Beaver Creek Boulevard, repair of the approach to the lower Buck Creek Road bridge, and installation of pedestrian warning signs at the crosswalk adjacent to Avon Elementary School. Discussion: The Slurry Seal Project consists of cracksealing, asphalt repair, application of an asphalt sealer containing fine aggregate, and striping. Roads included in the Slurry Seal Project are Buck Creek Road, Metcalf Road and Hurd Lane. Metcalf Road was structured as a bid alternate and a final decision regarding inclusion in this year’s Slurry Seal Project will be made after pricing for the Metcalf Road Bicycle Climbing Lane, which includes a bid alternate for asphalt overlay, is received. Staff advertised the 2015 Street Improvements –Slurry Seal Project for three (3) weeks and the Bid Opening was held on April 22, 2015. Two bids were received; A-1 Chipseal Co. with a bid of $313,581.49 and Foothills Paving & Maintenance, Inc. with a bid of $458,406.19. The bids are within the approved budget as presented to Council on February 24, 2015 and as approved in the Town of Avon 2015 Capital Projects Fund. The Slurry Seal Project will restrict access or require temporary closures during construction. Outreach to citizens, businesses, and emergency services will be coordinated by Staff and the Contractor. Construction Schedule: The Slurry Seal Project is scheduled to begin in early July after Salute festivities and be completed by August 29th. This project is scheduled to coincide with warmer temperatures favorable for application of this product. Staff Recommendation: Staff requests Council authorization to award the 2015 Street Improvements –Slurry Seal Project Contract to the low bidder, A-1 Chipseal Co., in the amount of $313,581.49, with an additional $31,358 being approved as a contingency for staff appropriation, if needed. The $54,060 balance from the $399,000 budget estimate will be reallocated to the Metcalf Road Bicycle Climbing Lane Project. Budget: The contracts for the Projects comprising the 2015 Street Improvements Program will be funded via the 2015 Street Improvements Capital Budget of $2,081,679. The 2015 Street Improvements Program budget estimate is shown in Table 1 below. This budget estimate includes a 10% contingency. Table 1: 2015 Street Improvements Budget Estimate Line Item Amount Asphalt Overlay Construction $ 481,102 Slurry Seal Construction Metcalf Road Bike Lane Construction Buck Creek Bridge Repair Construction West Beaver Creek Pedestrian Crossing $ 344,940 $ 716,393 $ 200,000 $ 60,000 Civil and Geotechnical Engineering $ 90,000 Subtotal $ 1,892,435 Contingency 10% $ 189,244 Total Estimated Project Costs $ 2,081,679 Available Funds Budget $2,081,679 Recommended Motion: Motion to authorize issuance of Notice of Award for the 2015 Street Improvements –Slurry Seal Project Contract to the low bidder, A-1 Chipseal Co., in the amount of $313,581.49. Heil Law & Planning, LLC Office: 303.975.6120 3445 S. Clermont St. Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Revised IGA for Joint Public Safety Facility DATE: April 28, 2015 Summary: The Intergovernmental Agreement with the Eagle River Fire Protection District is presented to the Council for approval. The Council reviewed the revised draft of the IGA at a work session on April 21, 2015 and did not indicate any desire for changes or further revisions. The Eagle River Fire Protection District approved this Intergovernmental Agreement at its last meeting. The Charter requires Council to approve this Agreement by the current vote of five Council members. Thank you, Eric Attachments: Final version of IGA with Eagle River Fire Protection District M EMORANDUM & PLANNING, LLC ERFPD-Avon IGA for Joint Public Safety Building Page 1 of 10 INTERGOVERNMENTAL AGREEMENT FOR A JOINT FIRE-POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION DISTRICT THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into on April 28, 2015, (“Effective Date”) by the Town of Avon, a home rule municipal corporation of the State of Colorado (“Avon”) and the Eagle River Fire Protection District, a quasi-municipal corporation and political subdivision of the State of Colorado organized under Title 32 of the Colorado Revised Statutes (“Fire District”) (collectively, the “Parties,” and each individually a “Party”). RECITALS WHEREAS, the Fire District is under contract to sell Lot 1A, Buck Creek PUD, as described and defined in the Plat recorded December 30, 2009, at Reception No. 200927819, County of Eagle, State of Colorado (“Lot 1A”), and in accordance with the terms of a purchase and sale agreement with Avon MOB LLC (“Avon MOB”) with an effective date of February 25, 2015; and the Fire District is under contract to acquire Lot 1B, Buck Creek PUD, as described and defined in the Plat recorded December 30, 2009, Reception No. 200927819, County of Eagle, State of Colorado (“Lot 1B”), and in accordance with the terms of an assigned purchase and sale agreement between Avon MOB and Buck Creek Associates LTD, a Colorado corporation (“Buck Creek Assoc.”) with an effective date of February 25, 2015, which sale of Lot 1A and acquisition of Lot 1B is intended to enable the Fire District to proceed with the design, financing and construction of a joint Fire District fire station and Avon police station facility on Lot 1B (“Joint Facility”); and, WHEREAS, Avon desires to support and facilitate the Fire District’s ability to sell Lot 1A and acquire Lot 1B and pursue a Joint Facility with Avon for reasons which include but are not limited to: (1) establishing an improved fire station facility to serve the Avon region with a location that can improve response times and with a facility that can house a ladder truck to improve response time to tall buildings in and near Avon; (2) establish a joint public safety facility with the Avon police department and thereby promote significant efficiencies in cooperation and coordination as well as improve operational efficiencies through shared space; and, (3) facilitate the relocation of the existing Fire District regional fire station located in Avon from property owned by Avon in the central core area to enable Avon to plan and reuse this site for other municipal and/or public purposes; and, WHEREAS, the proceeds of the sale of Lot 1A are insufficient to repay in full the existing debt on Lot 1A and the Fire District has requested that Avon provide temporary financing in an amount not to exceed $830,000.00 (“Temporary Financing”) to assist the Fire District’s ability to sell Lot 1A and to acquire Lot 1B while maintaining reasonable Fire District reserves; and, WHEREAS, Avon and the Fire District desire and intend that Avon and the Fire District will diligently design a Joint Facility and will cooperate on all matters related to determining the optimum programing, financing and construction terms for the Joint Facility; and, ERFPD-Avon IGA for Joint Public Safety Building Page 2 of 10 WHEREAS, Avon represents its desire and intent to aquire an undivided or proportionate interest in Lot 1B upon completion of the design and closing on construction financing for a Joint Facility (“Construction Closing”) and to apply the outstanding balance of the Temporary Financing towards Avon’s proportionate share of the Joint Facility for the Avon police station as such amount is further defined in this Agreement; and, WHEREAS, the Fire District has taken actions to appropriate funds as required in this Agreement and has taken action to approve the purchase and sale agreement for Lot 1A, Buck Creek PUD and the purchase and sale agreement for Lot 1B, Buck Creek PUD; and, WHEREAS, Avon has taken action to appropriate funds as required in this Agreement; and, WHEREAS, Avon and the Fire District desire to set forth the terms and conditions for Avon and ERFPD concerning the terms of short term financing provided by the Town of Avon and the design, construction, ownership and operation of a joint fire and police station facility; and, WHEREAS, this Agreement is authorized pursuant to §29-1-201 and §30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution; and, WHEREAS, Avon has taken action to approve this Agreement by adoption of Resolution No. _____ by the concurring vote of four Council members in accordance with Section 5.5 of the Avon Home Rule Charter; and, WHEREAS, the Fire District has taken action to approve this Agreement by adoption of Resolution No. ________. NOW THEREFORE, in consideration of the covenants and mutual agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties hereto agree as follows: 1. Effective Date. This Agreement shall commence on the Effective Date. 2. Intent. It is the intent of Avon and the Fire District to jointly design, finance and construct a Joint Facility in accordance with the following terms and schedule: a. Fire District to sell Lot 1A and purchase Lot 1B by June 8, 2015, or as of any date to which the closing may be extended, which is anticipated to be a simultaneous property closing (“Property Closings”). Avon agrees to provide Temporary Financing to assist with the sale of Lot 1A at the Property Closings. b. Fire District and Avon to commence design of a Joint Facility promptly after the Property Closings and to complete design of a Joint Facility by June 1, 2016. c. Fire District and Avon to jointly bid the Joint Facility project in the third or fourth quarter of 2016. d. Fire District and Avon to determine the best available construction financing and to determine the terms for ownership and repayment by and between the Fire District and Avon by the first quarter of 2017. ERFPD-Avon IGA for Joint Public Safety Building Page 3 of 10 e. Provided that all construction financing for the Joint Facility has been approved and both the Fire District and Avon have obtained all necessary approvals for permanent financing of the Joint Facility, Fire District and Avon to enter into a contract, or contracts, to construct the Joint Facility, close on construction financing, and commence construction by the second quarter of 2017. Provided construction financing and all approvals for permanent financing are in place, Fire District intends to convey an undivided interest in Lot 1B to Avon based on site design and proportionate share of site usage. Fire District and Avon agree to revise, amend, modify and/or update the terms for ownership and repayment of Construction Financing as determined appropriate. f. Provided all conditions for commencement of construction have been satisfied as provided above in a timely manner, Fire District and Avon to complete construction of Joint Facility and move in to new facility in the third quarter of 2018. g. Avon hereby acknowledges and confirms that that both the sale and conveyance of Lot 1A and the acquisition of Lot 1B by the Fire District are exempt from Avon’s real property transfer tax which shall not apply when the transfer is one in which a district or other political subdivision of the State is either grantor or grantee, Section 3.12.060(1), Avon Home Rule Charter and Code. Avon agrees to provide whatever documentation may be required to confirm this exemption to any title company or closing agent for either transaction. h. Fire District represents that it intends to continue to budget and appropriate approximately $400,000 per year towards the design and construction of a Regional Fire Station Facility to be located on Lot 1B, including the repayment of the Temporary Financing and the lease-purchase agreement into which the Fire District expects to enter to finance the acquisition of Lot 1B; or, if repayment of the Temporary Financing is no longer necessary upon Construction Closing as is further defined in the terms of this Agreement, for payment of the Fire District’s proportionate share of the capital costs for a Joint Facility for the fire station as such amount is further defined in this Agreement 3. Temporary Financing. a. Appropriation of Funds by Avon. Avon has appropriated [EIGHT HUNDRED AND THIRTY THOUSAND DOLLARS ($830,000.00)] and represents and agrees that such amount is available to the Fire District for temporary financing (“Temporary Financing”) to be used exclusively for the pay-off of the existing financing on Lot 1A by defeasance of the outstanding Certificates of Participation issued in 2009 and which Temporary Financing shall be provided subject to the terms and conditions described in this Agreement. b. Tender of Funds at Closing. Avon agrees to provide and make available good funds in an amount not to exceed $830,000.00 at the Closing on Lot 1A by wire transfer to the Closing Agent for Lot 1A. ERFPD-Avon IGA for Joint Public Safety Building Page 4 of 10 c. Terms of Repayment. The Fire District shall enter into a promissory note (“Note”) with Avon with the following terms: i. The Fire District and Avon are both governmental entities representing the same taxapayers as regards this project within the jurisdictional boundaries of the Town of Avon; therefore, these parties agree that the funds advanced by Avon shall be repayable by the Fire District without interest, with the exception that interest due in the event of default shall be at the rate of EIGHT PERCENT (8%) per annum. ii. Payment shall be made in semi-annual payments commencing on December 1, 2015 and continuing on June 1 and December 1 thereafter until the principal balance of the Promissory Note is paid in full. Each semi-annual principal payment shall be equal to not less than ten percent (10%) of the original principal amount of the Temporary Financing provided by Avon, without interest and with no penalty for prepayment. A payment schedule shall be prepared and approved by both parties after the financing of the District’s purchase of Lot 1B is finalized. iii. Avon agrees that any repayment of the Temporary Financing received by Avon shall be earmarked and pledged as a contribution towards Avon’s proportionate share of the Joint Facility until this Agreement expires. iv. If the Parties proceed with the issuance of Construction Financing for a Joint Facility as contemplated below prior to the full repayment of the Temporary Financing and expiration of the Term of this Agreement, then the outstanding balance of the Temporary Financing may be extinguished and such amount may be applied as a credit for the benefit of Avon for Avon’s proportionate share of the cost of Lot 1B and cost of the construction of the Joint Facility. d. Collateral for Payment of Promissory Note. Fire District agrees that collateral for repayment of the Promissory Note shall consist of the dedicated land for a Fire District Facility in the Village (at Avon), described as Tract E, Final Plat, The Village At Avon Filing 3, according to the plat thereof recorded on June 29, 2004, at Reception No. 882176 (“Tract E”). In the event that the Fire District is in default in the repayment of the Temporary Financing for a period of more than 12 months, then the Town may submit a written demand for conveyance of Tract E. Upon receipt of a written demand by the Town, the Fire District shall take action within ninety (90) days to either (1) cure any and all default in repayment of the Tempoary Financing, or (2) execute and record a Quitclaim Deed conveying Tract E to the Town. e. Appropriation for Repayment. The Fire District agrees to appropriate not less than ONE-HUNDRED THOUSAND DOLLARS ($100,000.00) for repayment of the Temporary Financing for its fiscal year ending December 31, 2015. f. Payment Obligation. The Fire District’s payment obligation to repay the Temporary Financing shall be subject to annual budget and appropriation, which shall be determined in the sole discretion of the Fire District. The Fire District agrees to consider in good faith including such payment in the annual budget for each year in which payments are to be made. ERFPD-Avon IGA for Joint Public Safety Building Page 5 of 10 4. Pre-Conditions to Temporary Financing. As a pre-condition to Avon providing the Temporary Financing funds, the following contingecies shall all be satisfied: a. Development Application Approval for Lot 1A. Avon MOB LLC, as the development application applicant, shall obtain approval of an Avon Comprehensive Plan amendment application, Rezoning application, and Development Plan application and other development applications for Lot 1A as may be applicable pursuant to Avon’s regulations. This Agreement shall not operate to compel, restrict, or influence in any manner Avon’s discretionary authority to review and act upon development applications in accordance with applicable regulations and procedures of the Town of Avon. The District acknowledges and agrees that Avon retains its complete discretionary authority to review development applications in accordance with the public process and in accordance with applicable review criteria. b. Development Application Approval for Lot 1B. The Fire District shall obtain approval of an Avon Comprehensive Plan amendment application and Rezoning application for Lot 1B. This Agreement shall not operate to compel, restrict, or influence in any manner Avon’s discretionary authority to review and act upon development applications in accordance with applicable regulations and procedures of the Town of Avon. The District acknowledges and agrees that Avon retains its complete discretionary authority to review development applications in accordance with the public process and in accordance with applicable review criteria. c. Closing on Lot 1A. Any and all contingencies for the sale of Lot 1A shall be satsified, including but not limited to pay-off of existing financing. d. Closing on Lot 1B. Any and all contingencies for the purchase of Lot 1B by the Fire District shall be satsified, including but not limited to closing on financing for acquisition of Lot 1B. 5. Design. Avon and the Fire District agree to commence and complete design of a Joint Facility promptly after the Property Closings, in accordance with the following terms: a. Design Process. Avon and the Fire District shall mutually determine the proposed scope of work, minimum qualifications for designers, request for qualifications and/or request for proposals, procedure for selecting a designer, contract to retain a design, administration of the design process and acceptance of the work and final design. The design process shall result in a final Joint Facility design (“Joint Facility Design”) that will be used by the Parties for construction bids, financing and construction of the Joint Facility. The design process is more fully described in Exhibit A: Joint Design Process which shall be subject to amendments, revisions and extensions as may be mutually agreed by Avon and Fire District. b. Appropriation by Avon. Avon has appropriated and agrees to make available $100,000.00 in 2015 in funds, or such additional amount or amounts deemed appropriate by Avon, for Avon’s proportionate share of design of a Joint Facility. ERFPD-Avon IGA for Joint Public Safety Building Page 6 of 10 c. Appropriation by Fire District. Fire District has appropriated and agrees to make available $100,000.00 in 2015 in funds, or such additional amount or amounts deemed appropriate by the Fire District for Fire District’s proportionate share of design of a Joint Facility. 6. Construction Bid Process. Avon and the Fire District shall mutually determine a construction bid process for the Joint Facility using the adopted Joint Facility Design. 7. Construction Financing. Avon and the Fire District shall cooperatively explore the best financing options for the construction of the Joint Facility, which may include consideration of any financing method legally available to Avon or the Fire District. Avon and/or the Fire District may be required to refer debt authorization to the each entity’s electorate in accordance with Section 20 of Article X of the Colorado Constitution (“TABOR”). Avon and the Fire District each reserve the right to refer a ballot issue on financing or any other matter associated with the Joint Facility to their respective electorate. 8. Sale and Conveyance of Portion of Lot 1B to Avon. If the Parties have agreed on a Joint Facility Design and have secured Construction Financing as hereinabove required, then it is the intent of the Fire District to sell and convey that portion of Lot 1B to Avon which is required to serve the Police Station facility as shall be mutually determined, along with a party wall agreement; which may include common areas of joint ownership including but not limited to: driveway access, parking, hallways, reception areas, break rooms, bathrooms, and meeting room space; and which may include a combination of a deeded portion of Lot 1B and common ownership; or, may include other property ownership interests as mutually determined appropriate by the Parties. The Parties agree that Avon’s proportionate share shall be applied to the total cost of acquisition of Lot 1B by ERFPD and such amount shall not be adjusted for appreciation, depreciation or fair market value appraisal. 9. Construction. Avon and the Fire District shall mutually determine the form of construction contracts, the administration of the construction contracts and construction process, and the acceptance of the construction of the Joint Facility. 10. Term. This Agreement shall expire on June 2, 2020. 11. Arbitration. The Parties agree that any dispute that may arise under this Agreement will be resolved by arbitration. 12. No Third Party Beneficiaries. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the Fire District and the Town, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any way the powers and responsibilities of the Town, the Fire District, or any other entity not a party hereto. 13. Severability. If any portion of this Intergovernmental Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this ERFPD-Avon IGA for Joint Public Safety Building Page 7 of 10 Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 14. Amendments. This Agreement may be amended from time to time by a written agreement duly authorized and executed by all the Parties to this Agreement. 15. Survival of Terms. The Parties understand and agree that all terms and conditions of the Agreement that require continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply. 16. Assignment. The Parties agree that neither Party hereto can assign this Agreement, or any right or obligation contained herein, to another party without the express written consent of the other Party and any attempt to do so shall be void and ineffective. 17. Complete Agreement. This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of the Parties with respect to the subject matter contained herein. 18. Governing Law, Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any District Court action shall be in Eagle County, Colorado. 19. Notices. All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand-delivered or sent by certified, United States mail, postage prepaid, with return receipt requested, or sent via electronic transmission provided that such transmission is acknowledged by the receiving Party, addressed to the Parties as follows: TO ERFPD: The Eagle River Fire Protection District 351 Benchmark Road Post Office Box 7980 Avon, CO 81620 Attn: Karl Bauer E-Mail: with copy to: James P. Collins Collins, Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, CO 80228-1556 E-Mail: jcollins@cccfirm.com ERFPD-Avon IGA for Joint Public Safety Building Page 8 of 10 TO AVON: Town of Avon One Lake Street Post Office Box 975 Avon, CO 81620 Attn: Virginia Egger, Town Manager E-Mail: vegger@avon.org with copy to: Eric J. Heil, Avon Town Attorney One Lake Street Post Office Box 975 Avon, CO 81620 E-Mail: eric@heillaw.com [EXECUTION PAGE FOLLOWS] ERFPD-Avon IGA for Joint Public Safety Building Page 9 of 10 EXECUTED as of the date first written above. TOWN OF AVON, COLORADO BY: ATTEST: _____________________________________ ______________________________ Jenny Fancher, Mayor Debbie Hoppe: Town Clerk APPROVED AS TO FORM: ____________________________________ Eric J. Heil, Esq., Avon Town Attorney ERFPD-Avon IGA for Joint Public Safety Building Page 10 of 10 EXECUTED as of the date first written above. EAGLE RIVER FIRE PROTECTION DISTRICT BY: ATTEST: ____________________________________ _____________________________ Jennifer Cartmell Hays, Chairperson Clark Shivley, Secretary APPROVED AS TO FORM: ____________________________________ James P. Collins, Esq. EXHIBIT A: DESIGN & CONSTRUCTION MANAGER PROCESS WG: Working Group [Two elected members from the ATC & ERFPD, Appointed staff, FD Rep, legal counsel as requested.] BOD: Board of Directors of the Eagle River Fire Protection District ERFPD: Eagle River Fire Protection District ATC: Avon Town Council Avon: Town of Avon FD Rep: Fire District Owner’s Rep TASK DATE RESPONSIBLE PARTY 2015 Draft Architectural Services RFP 3/31 Avon Comments on Architectural Services RFP Due 4/2 WG Advertise and Distribute Architectural Services RFP 4/3 Avon Pre-Proposal Meeting and Site Tour 4/17 (9:00 a.m.) Avon & ERFPD Architectural Services Proposals Due 4/24 (5:00 p.m.) Avon Distribute copies of Architectural Services Proposals 4/25 (9:00 a.m.) Avon Select Architectural firms to interview and determine interview process and questions 4/28 (9:00 a.m.) WG Interview Architectural firm 5/1 (8:00 a.m.) WG Finalize Selection Recommendation for Architectural Firm & Negotiate Professional Services Agreement 5/12 WG Professional Service Agreement Architectural Services Approval 5/21 5/26 BOD ATC Closing on Lot 1B, Buck Creek PUD 6/8 ERFPD Draft Construction Manager at Risk RFP 6/8 Avon/FD Rep Comments on Construction Manager RFP 6/17 WG Advertise and Distribute Construction Manager RFP 6/22 Avon/FD Rep Pre-Proposal Meeting and Site Tour 7/7 Avon & ERFPD Construction Manager Proposals Due 7/15 Avon/FD Rep Distribute copies of Construction Manager Proposals 7/16 Avon/FD Rep Select Construction Managers to interview and determine interview process and questions 8/13 WG Interview Construction Managers 8/27 WG Finalize Selection Recommendation for Construction Manager & Contract 9/7 WG Construction Manager Contract Approval 9/16 9/15 BOD ATC Architect to Provide 50% Preliminary Design 10/1 WG Construction Manager Begins 10/1 Architect to Provide 90% Design Documents 2/1/2016 WG TENTATIVE – BOND ELECTION 5/5/2016 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, APRIL 21, 2015 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:10 p.m. A roll call was taken and Council members present were Sarah Smith Hymes, Scott Prince, Jake Wolf, Matt Gennett and Megan Burch. Buz Reynolds was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Planning Manager Matt Pielsticker, Town Engineer Justin Hildreth, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA Mayor Fancher asked that item 4.4 Action on a Proposed Increase above the Cost of Living Adjustment for the Upper Eagle Regional Water Authority’s Water System Impact Fee (Jason Cowles, UERWA) be moved to 8:00 p.m. Council agreed to the change. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA No public comments were made. 4. ACTION ITEMS 4.1. PUBLIC HEARING FIRST READING OF ORDINANCE NO. 15-03, SERIES OF 2015, AN ORDINANCE AMENDING THE AVON COMPREHENSIVE PLAN AND REZONING LOT 1A, BUCK CREEK PUD TO THE MIXED-COMMERCIAL ZONE DISTRICT (PLANNING MANAGER MATT PIELSTICKER) Mayor Fancher opened the Public Hearing, no comments were made. Councilor Smith Hymes moved to approve First Reading of Ordinance No. 15-03, Series of 2015, An Ordinance Amending the Avon Comprehensive Plan and Rezoning Lot 1A, Buck Creek PUD to the Mixed-Commercial Zone District with the addition that the deed restriction proposed by the applicant be included. Councilor Burch seconded the motion and it passed unanimously by those present. Councilor Reynolds was absent. 4.2. PUBLIC HEARING FIRST READING OF ORDINANCE NO. 15-04, SERIES OF 2015, AN ORDINANCE AMENDING THE AVON COMPREHENSIVE PLAN AND REZONING LOT 1B, BUCK CREEK PUD TO THE PUBLIC FACILITIES ZONE DISTRICT (PLANNING MANAGER MATT PIELSTICKER) Mayor Fancher opened the Public Hearing, Nancy Adam commented. Councilor Prince moved to approve First Reading of Ordinance No. 15-04, Series of 2015, An Ordinance Amending the Avon Comprehensive Plan and Rezoning Lot 1B, Buck Creek PUD to the Public Facilities Zone District and add in the specific comments on semantics that Matt Pielsticker will provide on second reading. Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those present. Councilor Reynolds was absent. 4.3. DIRECTION TO TOWN STAFF REGARDING TERM SHEET FOR AN INTERGOVERNMENTAL AGREEMENT WITH THE EAGLE RIVER FIRE PROTECTION DISTRICT FOR A FUNDING PARTNERSHIP IN ACQUIRING LOT 1B FOR A JOINT POLICE AND FIRE PUBLIC SAFETY CENTER AND PROCESS FOR DESIGN, COST ESTIMATING, BIDDING AND CONSTRUCTION MANAGEMENT OF THE CENTER (TOWN ATTORNEY ERIC HEIL) FINAL - Avon Council Meeting 4-21-2015 Minutes Page 1 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, APRIL 21, 2015 AVON TOWN HALL, ONE LAKE STREET 4.4. ACTION ON A PROPOSED INCREASE ABOVE THE COST OF LIVING ADJUSTMENT FOR THE UPPER EAGLE REGIONAL WATER AUTHORITY’S WATER SYSTEM IMPACT FEE (JASON COWLES, UERWA) Councilor Smith Hymes moved to approve the Upper Eagle Regional Water Authority’s Proposed Increase of the Water System Impact Fee to $9,041 per single-family equivalent. Councilor Gennett seconded the motion and it passed 5 to 1 vote. Mayor Pro Tem Wolf voted nay. Councilor Reynolds was absent 4.5. RESOLUTION NO.15-08 A RESOLUTION APPROVING THE AUTHORITY AGREEMENT AMENDING AND RESTATING THE AGREEMENT ESTABLISHING THE UPPER EAGLE REGIONAL WATER AUTHORITY AND THE MASTER SERVICE CONTRACT (“AUTHORITY AGREEMENT”) AND APPROVING A LETTER AGREEMENT REGARDING TRAER CREEK WATER RIGHTS (“LETTER AGREEMENT”) (TOWN ATTORNEY ERIC HEIL) Councilor Gennett moved to approve Resolution No.15-08 a Resolution Approving the Authority Agreement Amending and Restating the Agreement Establishing the Upper Eagle Regional Water Authority and the Master Service Contract (“Authority Agreement”) and Approving a Letter Agreement Regarding Traer Creek Water Rights (“Letter Agreement”); Councilor Burch seconded the motion and it passed unanimously by those present. Councilor Reynolds was absent. Councilor Reynolds arrived at 8:15 p.m. 4.6. ACTION ON NOTICE OF AWARD, 2015 ASPHALT OVERLAY CONTRACT FOR STREET IMPROVEMENTS (TOWN ENGINEER JUSTIN HILDRETH) Mayor Pro Tem Wolf moved to authorize the award to 2015 Asphalt Overlay Contract for Street Improvement contract, to lowest bidder, United Companies. Councilor Reynolds seconded the motion and it passed unanimously by those present. 4.7. FIRST READING OF ORDINANCE NO. 15-05, SERIES OF 2015, AN ORDINANCE AMENDING THE TOWN CODE OF ETHICS (TOWN ATTORNEY ERIC HEIL) Betty Todd commented. Councilor Gennett moved to continue First Reading of Ordinance No. 15-05, Series of 2015, An Ordinance Amending the Town Code of Ethics to May 12th meeting; Councilor Prince seconded the motion and it passed unanimously by those present. 4.8. MINUTES FROM MARCH 24, 2015 MEETING (TOWN CLERK DEBBIE HOPPE) Mayor Pro Tem Wolf moved to approve the Minutes from March 24, 2015; Mayor Fancher seconded the motion and it passed unanimously by those present. Councilor Reynolds abstained. 5. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 5.1. WILDFIRE MODULE UPDATE (MAYOR JENNIE FANCHER) 5.2. EAGLEBEND, KAYAK CROSSING & BUFFALO RIDGE AFFORDABLE HOUSING BOARDS (COUNCILOR MEGAN BURCH) FINAL - Avon Council Meeting 4-21-2015 Minutes Page 2 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, APRIL 21, 2015 AVON TOWN HALL, ONE LAKE STREET 6. MAYOR & COUNCIL COMMENTS 7. WRITTEN REPORTS 8. ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 9:32 p.m. RESPECTFULLY SUBMITTED: _________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ________________________________ FINAL - Avon Council Meeting 4-21-2015 Minutes Page 3 FISCAL YEAR 2015 FINANCIAL REPORT April 28, 2015 ______________________________________________________________________________________ 1. Fiscal Year 2015 Financial Report Cover Memo 2. Sales and Accommodations Tax Reports - February 2015 3. Real Estate Transfer Tax Report and Monthly Detail - March 2015 4. General Fund Year-To-Date Expenditures - March 2015 5. Fleet Maintenance Fund Year-To Date Expenditures - March 2015 6. Transit Fund Year-To Date Expenditures - March 2015 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Kelly Huitt, Budget Analyst Date: April 10, 2015 Re: Fiscal Year 2015 Financial Report – February / March Revenues: SALES TAX • Sales tax revenue for the month of February is up $115,277.03 or 17.11% compared to February 2014, and up 17.63% compared to the budget. This increase includes $55,149 from new businesses, and after adjusting for new business growth, 8.92% is the gain in revenue from existing business for the month. Year-to-date sales tax from new businesses makes up 41.65% of total year over year growth. February 2015 sales tax revenue is the highest ever for the month of February. • February collections are up compared to 2014 for all industries. Other businesses are up 66.11% and Service related business is up 47.63% for February. These extremely high year-over-year increases are due to a couple of vendors submitting tax returns for prior years in response to education, outreach and collection efforts by Town staff, stemming from the Wyndham project. After correcting for these anomalies the actual increase in sales tax is 11.68%. Other notable categories include Restaurants and Bars and Accommodations which were up 17.53% and 16.10% compared to February 2014. 2014/2015 Growth Growth Variance Existing Business New Business Home/Garden 3,155.81 -4.14%14.17% Grocery, Specialty, Health 11,881.97 7.08%0.53% Liquor Stores 3,807.66 11.33%0.11% Sporting Goods Retail/Rental 6,702.05 3.17%4.07% Miscellaneous Retail 2,712.78 3.86%8.27% Accommodations 24,603.49 14.01%2.09% Restaurants/Bars 20,144.92 17.26%0.27% Other 31,404.83 6.84%59.27% Service Related 10,863.52 -7.33%54.96% Total $115,277.03 8.92%8.19% Category Sales Tax Monthly Totals ACCOMMODATIONS TAX • Accommodations tax revenue for February is up $24,739.25, or 16.46% compared to February 2014, and up 17.11% compared to the monthly budget. • February accommodations tax collections are up for Vacation rentals at 63.67% and Timeshares at 48.88% for the month. Hotels however, were down -6.74%. REAL ESTATE TRANSFER TAX • 2015 real estate transfer tax collections for March equal $168,744.22. This is a 234.98% increase from March 2014, but ($90,370) under the estimated monthly budget. Chapel square was purchased in February of last year which added $490,000 to the total. If you remove this atypical transaction, 2015 year to date is actually up 45.80% or $95,142.20 compared to 2014. Expenditures: • General Fund expenditures through March 2015 total 31.29% of the budgeted amounts. These expenditures include the annual Cirsa insurance payment as well as payments for several of the community grants. • Fleet expenditures to date are at 28.89% of the total budget. These costs include stock parts and several blanket purchase orders, which encumber funds for the year for ongoing expenditures such as regularly purchased shop supplies and monthly copier charges. • Transit funds are 31.01% expended compared to the annual budget. TOWN OF AVON SALES TAX 2015 Actual vs. Budget Budget YTD Collections Budget % of change 2010 2011 2012 2013 2014 2015 2015 Variance from 2014 January 515,009.18$ 511,040.76$ 519,784.89$ 677,943.78$ 638,863.27$ 636,040$ 765,195.68$ 129,155.19$ 19.77% February 504,752.59 532,903.25 533,546.48 636,702.27 673,722.03 670,745 788,999.06 118,253.83$ 17.11% March 620,937.20 665,532.70 643,910.29 720,267.31 793,301.96 789,797 April 309,937.09 305,269.73 304,220.84 307,407.13 381,839.56 380,152 May 242,830.16 236,424.93 270,082.79 309,938.72 340,332.28 338,829 June 377,920.42 406,828.27 430,588.57 490,329.18 538,517.31 536,138 July 421,975.98 452,873.44 472,215.40 537,479.66 570,959.86 568,437 August 361,702.25 419,977.29 455,439.86 504,332.25 547,085.80 544,669 September 359,139.22 391,546.49 424,793.75 475,362.88 546,016.59 543,604 October 288,859.84 299,193.35 341,711.43 356,925.96 417,921.46 416,075 November 284,528.70 301,407.41 336,060.63 362,460.94 397,935.36 396,177 December 818,360.74 921,815.61 852,868.64 981,917.79 1,221,263.98 1,215,868 Total 5,105,953.37$ 5,444,813.23$ 5,585,223.57$ 6,361,067.87$ 7,067,759.46$ 7,036,531$ 1,554,194.74$ 247,409.02$ 18.41% Actual Collections $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 2011 2012 2013 2014 2015 Year Sales Tax Collections for February TOWN OF AVON SALES TAX 2015 Actual vs. Budget $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 2011 2012 2013 2014 2015 YTD Sales Tax Collections $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 Sales Tax Monthly Comparison 2013-2015 2013 2014 2015 TOWN OF AVON ACCOMMODATIONS TAX 2015 Actual vs. Budget Actual Collections Budget YTD Collections Budget % of change 2010 2011 2012 2013 2014 2015 2015 Variance 2014 January 87,938.84$ 85,233.73$ 90,118.88$ 108,508.43$ 129,851.78$ 129,125$ 164,361.04$ 35,236.35$ 26.58% February 99,336.34 114,035.90 106,016.32 137,503.61 150,317.06 149,475 175,056.31 25,580.93$ 16.46% March 105,518.15 122,145.16 115,043.42 153,208.80 168,597.39 167,653 April 26,496.88 26,214.58 20,786.24 26,494.49 31,626.02 31,449 May 12,425.51 15,152.82 16,664.44 24,527.17 21,961.97 21,839 June 32,857.68 49,999.66 56,012.17 66,578.91 54,232.23 53,929 July 51,170.82 62,928.07 66,726.73 73,008.92 81,083.01 80,629 August 42,188.56 52,037.55 58,358.93 67,688.07 71,044.33 70,647 September 30,090.34 35,521.81 42,245.24 44,661.37 50,840.16 50,555 October 20,614.06 21,801.56 25,879.51 27,154.53 34,977.59 34,782 November 20,582.47 24,971.33 22,786.42 28,171.04 32,064.02 31,884 December 98,561.90 135,984.00 112,759.02 131,361.43 168,944.85 167,999 Total 627,781.55$ 746,026.17$ 733,397.32$ 888,866.77$ 995,540.41$ 989,966$ 339,417.35$ 60,817.28$ 21.15% - 25,000.00 50,000.00 75,000.00 100,000.00 125,000.00 150,000.00 175,000.00 2011 2012 2013 2014 2015 Accommodations Tax Collections for February Town of Avon Real Estate Transfer Tax 2015 Actual vs. Budget Budget YTD Collections $ change % of change 2010 2011 2012 2013 2014 2015 2015 2014 2014 January 237,133.00$ 57,540.00$ 50,204.00$ 22,535.00$ 85,126.74$ 160,101$ 48,640.40$ (36,486.34)$ -42.86% February 362,719.22 230,705.50 41,750.07 55,872.69 562,219.70 443,386 85,479.08 (476,740.62)$ -84.80% March 284,243.65 187,099.47 84,760.49 125,927.64 50,375.06 259,114 168,744.22 118,369.16$ 234.98% April 210,185.30 249,482.30 219,195.80 144,437.80 197,656.36 361,199 May 112,431.30 187,668.62 270,170.12 121,784.12 183,745.60 309,844 June 66,271.14 49,606.58 169,040.47 90,309.74 220,009.15 210,586 July 63,509.36 46,707.37 71,057.40 386,434.78 141,051.52 250,748 August 88,823.40 106,785.21 232,505.93 97,579.70 154,032.32 240,477 September 159,861.96 140,876.56 96,389.34 157,010.67 267,886.92 290,820 October 222,575.20 64,005.33 176,889.62 169,839.80 178,044.24 287,044 November 115,654.16 98,057.44 150,549.86 112,491.82 122,582.66 212,036 December 236,117.45 198,448.03 145,134.57 83,382.60 1,598,062.92 799,958 Total 2,159,525.14$ 1,616,982.41$ 1,707,647.67$ 1,567,606.36$ 3,760,793.19$ 3,825,312$ 302,863.70$ (394,857.80)$ -56.59% Budget 3,825,312.00 Variance, Favorable (Unfavorable)(3,522,448.30)$ Actual Collections $- $100,000.00 $200,000.00 $300,000.00 $400,000.00 $500,000.00 $600,000.00 $700,000.00 2011 2012 2013 2014 2015 YTD Real Estate Transfer Tax Collections Dept./Div.2015 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: Legislative: 111 Mayor and Town Council 233,000$ 222$ 53,521$ 179,257$ 23.07% 112 Boards and Commissions 15,299 - 2,960 12,339 19.35% 113 Town Attorney 155,000 121,429 31,339 2,232 98.56% 115 Town Clerk 111,612 15,492 27,543 68,577 38.56% Total Legislative 514,911 137,143 115,363 262,405 49.04% Judicial: 121 Municipal Court 99,349 15,399 21,233 62,717 36.87% Executive: 131 Town Manager 349,041 843 79,687 268,511 23.07% 133 Community Relations 133,077 - 25,450 107,627 19.12% Total Executive 482,118 843 105,137 376,138 21.98% Finance Department: 132 Human Resources 220,896 6,628 51,633 162,635 26.37% 141 Finance 771,070 40,955 160,315 569,800 26.10% 143 Information Systems 371,273 32,973 117,125 221,175 40.43% 149 Nondepartmental 389,131 27,917 210,138 151,076 61.18% Total Financial Administration 1,752,370 108,473 539,211 1,104,686 36.96% Total General Government 2,848,748 261,858 780,944 1,805,946 36.61% Community Development: 212 Planning 261,570 10,316 67,530 183,724 29.76% 213 Building Inspection 136,402 - 31,607 104,795 23.17% 214 Economic Development 170,035 - 29,281 140,754 17.22% 215 Town Produced Events 289,520 3,361 177,507 108,652 62.47% 216 Signature Event Seed Funding 5,000 - - 5,000 0.00% 217 Community Grants 197,850 - 107,440 90,410 54.30% Total Community Development 1,060,377 13,677 413,365 633,335 40.27% Police Department: 311 Administration 594,777 19,379 134,106 441,292 25.81% 312 Patrol 2,155,027 43,012 497,081 1,614,934 25.06% 313 Investigations 243,073 - 59,565 183,508 24.50% Total Police 2,992,877 62,391 690,752 2,239,734 25.16% Public Works: 412 Engineering 478,850 471 51,005 427,374 10.75% 413 Roads and Bridges 1,473,326 62,997 356,241 1,054,088 28.46% 418 Buildings & Facilities 1,031,549 166,258 271,632 593,659 42.45% Total Public Works 2,983,725 229,726 678,878 2,075,121 30.45% Department Expenditure Summaries General Fund March 2015 Expenditures to Date Dept./Div.2015 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget Department Expenditure Summaries General Fund March 2015 Expenditures to Date Parks and Recreation: 514 Administration 202,250 7,798 62,785 131,667 34.90% 515 Adult Programs 27,668 40 7,458 20,170 27.10% 516 Aquatics 435,971 10,296 119,564 306,111 29.79% 518 Fitness 138,341 225 75,509 62,607 54.74% 519 Guest Services 252,499 4,728 60,984 186,787 26.02% 521 Youth Programs 121,491 470 16,084 104,937 13.63% 522 Cabin 27,741 - 5,878 21,863 21.19% 551 Parks & Grounds 985,717 49,283 226,275 710,159 27.96% Total Parks and Recreation 2,191,678 72,840 574,537 1,544,301 29.54% TOTAL OPERATING EXPENDITURES 12,077,405$ 640,492$ 3,138,476$ 8,298,437 31.29% Dept./Div.2015 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,688,919$ 70,150$ 417,733$ 1,201,036$ 28.89% Total Operating Expenditures 1,688,919 70,150 417,733 1,201,036 28.89% TOTAL EXPENDITURES 1,688,919$ 70,150$ 417,733$ 1,201,036$ 28.89% Expenditure Summary Fleet Maintenance Enterprise Fund March 2015 Expenditures to Date Dept./Div.2015 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 240,302$ 8,013$ 68,360$ 163,929$ 31.78% 432 Transit Operations 1,408,165 3,507 449,920 954,738 32.20% 435 Wash Bay 221,131 6,065 43,940 171,126 22.61% Total Operating Expenditures 1,869,598 17,585 562,220 1,289,793 31.01% TOTAL EXPENDITURES 1,869,598$ 17,585$ 562,220$ 1,289,793$ 31.01% Expenditure Summary Transit Enterprise Fund March 2015 Expenditures to Date TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Danita Dempsey, Director of Festivals and Special Events Virginia C. Egger, Town Manager Date: April 23, 2015 Re: Third Party Management Company for Avon Performance Pavilion – Private Events AVON PERFORMANCE PAVILION MANAGEMENT PLAN: The new Avon Performance Pavilion offers three distinct categories of uses: • SIGNATURE EVENTS: The most primary use is the production of single or multi-day signature events, such as Reds, Whites & Brews, Salute to the USA and WinterWonderGrass. These events are solicited from qualified producers and provide for the exclusive use of the Pavilion and the main athletic field, restricting uses by the general public during the event. Once a detailed production program is prepared by the producer, Town staff reviews the proposed event and brings to Town Council recommendations for funding, if requested, and reservation of the event dates. These events, with Council approval, are then managed through a festival agreement, developed and approved by the Town Manager. • TOWN OF AVON RECREATION DEPARTMENT AND OTHER CIVIC USES: This summer and onto the fall the Pavilion will be scheduled for yoga classes, summer camp activities, a community picnic and other programs of the Recreation Department and the Town. The Pavilion will be closed to other users during periods of these programs. • PRIVATE EVENTS: The third use of the Pavilion is private, public and nonprofit entities for private events, which are not open to the general public, such as weddings, corporate retreats, graduations, etc. Already the demand for use of both the event plaza overlooking the lake and/or the full Pavilion has garnered strong interest without any advertising. Staff feels the best approach to managing these types of events is through a third party management company. A management company, which will pay a fee to the Town of Avon, is best positioned to have the expertise needed for these types of custom events, and can be expected to bring a level of expertise to fully work with local and regional hotel concierges, regional and national print and on-line publications specific to the private and public event industry, trained event staff, industry specific vendors for catering, decoration and FFE needs. These events will be allowed to have exclusive use of the Pavilion. The park, however, will remain open to the public. Town staff has reviewed the management agreement the Town of Vail has the Donovan Pavilion as a model agreement for structuring Avon’s agreement. Pa g e 2 To find and contract with a third party management company, staff is taking the following steps: • The week of May 4th, release and publication of an RFP for a third party management company for the management of the Pavilion to include rental and deposit fees, reservation plan, third party insurance requirements, facility guidelines, marketing strategy and lease payment to the Town, including base lease and event rental fee sharing. The proposed term of the lease is two to three years. • Proposals will be reviewed by staff with a recommendation and management agreement presented to Town Council for the selected company. We expect this to be on Council’s agenda no later than July 28th. • As part of the third party agreement, the Town will designate specific key dates, which the Town will reserve for use of the Pavilion, both for signature events, Recreation Department programming and other uses. During the solicitation, interview and selection process, staff is moving forward to book private events through a lease agreement, including lease fees, managing these requests in-house. Should Council have suggestions or questions regarding this management approach, please contact Virginia.  Page 2