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PZC Packet 110105, Town of Avon Planning & Zoning Commission AVTO Meeting November 1, 2005 ` ° ` ° " " ° ° Meetings Held At: Avon Town Council Chambers Meetings are open to the public Avon Municipal Building / 400 Benchmark Road 4:00 pm Work Session with Town Council (4:00 pm - 5:00 pm) Comprehensive Plan Review (5:00 pm - 5:30 pm) Concept Review of 150 Room Hotel Project Folson Property, Highway 6 & 24 - REGULAR MEETING AGENDA - Call to Order: 5:30 pm Roll Call III. Additions and Amendments to the Agenda IV. Conflicts of Interest V. Consent Agenda: Approval of the October 18, 2005 Planning & Zoning Commission Meeting Minutes. VI. Unfinished Business - Comprehensive Plan (5:30pm — 5:45pm) PUBLIC HEARING Description: The Commission will review the complete draft form of the Comprehensive Plan prior to a recommendation being made to the Town Council. Draft copies are available for review in the office of Community Development and will be available during Work Session. Resolution No. 05-12 VII. PUD Amendment / Chateau St Claire (5:45pm — 6:15pm) PUBLIC HEARING Property Location: Lots 1 & 2, Chateau St. Claire Subdivision/38390 Hwy 6 & 24 Applicant/Owner: CSC Land, LLC Description: The applicant, Chris Payne of Ballard, Spahr, Andrews & Ingersoll, representing the owners of the property (a.k.a. the Gates on Beaver Creek) is proposing an amendment to the Chateau St. Claire PUD. The proposed amendment to the PUD includes an extension of the development schedule and period of vested property rights. Resolution No. 05-13 VIII. PUD Amendment/ Confluence (6:15pm — 8:15pm) PUBLIC HEARING Property Location: Confluence/95 Avon Road Applicant: East West Resorts /Owner: Vail Associates Description: A request for an amendment to the Confluence PUD to modify the existing development rights and zoning for the entire property. This application proposes a hotel, retail plaza, high-speed public gondola, condominiums, and fractional ownership residential units. IX. Other Business (8:15pm — 8:30pm) X. Adjourn (8:30pm) Posted on October 28, 2005 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • City Market, main entrance bulletin board • On the Internet at hfto://www.avon.ora / Please call (970) 748.4030 for directions 4r Town of Avon Planning & Zoning Commission Meeting avo Minutes N October 18, 2005 C O L 0 K A D 0 5:00 pm — 5:30 pm Commission Work Session Call to Order The meeting was called to order at 5:40 pm. II. Roll Call All Commissioners were in attendance with the exception of Commissioner Evans. III. Additions and Amendments to the Agenda There were several additions and amendments to the Agenda. The addition of the September 28, 2005 Planning and Zoning Commission Comprehensive Plan Special Meeting to the Agenda and Item VII, Final Design - Mountain Center, Property Location: 910 Nottingham Road to be placed on the Consent Agenda with the caveat regarding the lighting plan for this project. The movement of Item IX, Comprehensive Plan Update to the first item on the Agenda followed by Item VIII, Final Design - Dirksen Duplex, Property Location: Lot 78, Block 4, Wildridge Subdivision/ 5691 Wildridge Road East. IV. Conflicts of Interest There are no conflicts of interest to report. V. Consent Agenda: • Approval of the October 4, 2005 Planning & Zoning Commission Meeting Minutes. • Approval of the September 28, 2005, Planning and Zoning Commission Special Meeting of the Comprehensive Plan Minutes. • Consent of Item VII, Final Design - Mountain Center, Property Location: 910 Nottingham Road. Commissioner Struve motioned for approval of the Consent Agenda and Commissioner Green seconded the motion. Motion passed unanimously. VI. PUD Amendment I Confluence - PUBLIC HEARING Property Location: Confluence/95 Avon Road Applicant: East West Resorts/Owner. Vail Associates Description: A request for an amendment to the Confluence PUD to modify the existing development rights and zoning for the entire property. This application proposes a hotel, retail plaza, high-speed public gondola, condominiums, and fractional ownership residential units. Tambi Katieb presented the Staff Report. Commissioner Savage questioned the issue of the railroad and their crossings. Mr. Katieb responded that should freight service resume, alternatives would be examined. Eric Heidemann presented the background history of this project. 'T Chuck Madison, East West Partners, approached the podium to present this project. Mr. Madison began by describing the planning process to date, the goals of connecting the Town, Mountain and River, interaction with the Main Street Plan, and a commitment to LEEDS certification. Mr. Martin continued by describing the prior PUD, the proposed Site Plan, and continued by voicing the items contained within the Applications submitted, described the design plan as presented on wall hangings and their uses, created a design that was unique and descriptive to the project, highlighted the changes to the PUD, mentioned that all parking would be subterranean, dedication of riverfront land to the Town of Avon, discussed the Tax Rebates from the 1998 PUD and that the new PUD would hold no such rebates but would look to the Town for a Capital Improvement budget of 3.8 million dollars. OPEN PUBLIC HEARING No Public comment was provided. CLOSED PUBLIC HEARING Commissioner Buckner questioned the bicycle path improvement. Mr. Madison responded to widen it to 12 feet, placing benches and giving greater access for fishing. Commissioner Buckner continued with questioning employee housing and the fee in lieu situation. Mr. Madison responded that the application was heading in the direction of a fee in lieu for employee housing. Commissioner Buckner questioned the time line of construction. Mr. Madison responded that the entire project could be done in four years with the current real estate market and if there are changes to the current market, it could be six to seven years. Commissioner Buckner questioned the benefit of the spa and memberships; with the response from Mr. Madison that a wellness center may be incorporated and opened to the public but would need to report back to the Commission as it unfolded and outside memberships might be available at 4 to 5 year build out. Commissioner Struve commented that walking the site gave understanding of the site's grading, voiced concern with the steepness, requested of the applicant to retain as many Cottonwood trees as possible, concerned with the massing of the project and voiced support of the Wellness Center and the project. Commissioner Savage commented on the design concept. Mr. Madison responded with some materials being considered. Commissioner Savage continued with the proposal of the Town of Avon fueling 50% of the cost of the gondola, the pedestrian friendliness of the project, and improvements might be the responsibility of the developer. Commissioner Savage commented that he had to investigate the fiscal issues further. Commissioner Green encouraged that Avon; as it is today, not control the project's architectural destiny; the area on the river could be better used as a draw to bring both guests and locals to the river; concerned with access to river; separation of the bike path from project; voiced concern with the dwelling unit/accommodation units in regard to the parking numbers; Mr. Madison responded that adequate parking was a requirement of the Forest Service in relation to the ski mountain and has been addressed by Vail Resorts. Commissioner D'Agostino questioned the heights of the project in comparison to the Seasons Building height and the Whitewater Center; issue of a conference center was brought up; agreed with staff to address the pedestrian overpasses; questioned the Metro Districts role in the project; and, pay in lieu for employee housing and its impact. Tambi Katieb responded that LN it was an area that still needed to be addressed and for which policy needed to be created. Commissioner D'Agostino continued with what the benefit the LEEDS certification to the Town. Mr. Madison answered that he has been creating a large variety of buildings and was taking a leadership position by this strategy. Commissioner D'Agostino continued with questioning the 120 -foot extension to the current height restriction of the Town. Mr. Madison responded that the market was requiring taller ceilings to be brought to market. Tambi Katieb reviewed the Land Use Plan and the 11 areas of review of this application. Mr. Katieb continued that items related to phasing were a concern to staff, part of the financial analysis, absorption, Town's anticipation of revenue, language of the Development Agreement, changes to the market needed consideration, massing, relation to the Town Center, more details on building heights to accommodate the step down effect to the river, 75 foot setback from the river perhaps in a refined tiered design, commercial/retail space minimums and how it would be deployed and interfaced with the plaza, clarification of the minimum amount of meeting space, employee housing needed to be addressed in house and its obligation to the site; connectivity with the Town Center and the cue with views might need refining or a change to massing to make the connection to the gondola, incentives to the rental pool and hot beds to generate bodies and hot beds, built in incentives for the rental pool should be further discussed, parking assumptions, management assumptions and, finally, financial impact report and analysis of funding under Tab 13 of the Application. Commissioner Green questioned the utilities issues for the project and Mr. Katieb responded that it was yet to be determined and was a significant issue in process. Commissioner Green questioned the sewer and water plant capacity and Mr. Norm Wood responded that Eagle River Water and Sanitation would provide by letter the capabilities to accommodate. Eric Heidemann noted that the current Comprehensive Plan was the Plan used for this project and complimented the applicant for reviewing the draft plan in order to be incorporated and addressed in this project. Mr. Madison returned to the podium for closing comments and began by addressing the additional services or retail on the riverside and pedestrian connection and commenting on a flood plan issue in the area. Commissioner Green motioned to table Item VI, PUD Amendment / Confluence - PUBLIC NEARING. Property Location: Confluence/95 Avon Road, to the next session with Commissioner Savage seconding. The motion to table passed unanimously. VII. Final Design - Mountain Center Property Location: 910 Nottingham Road Applicant/Owner.• Mark Donaldson I Lund Capital Group Description: The applicant is proposing to renovate the existing Mountain Center building by adding architectural features to both the north and south elevations. The proposed modifications include: decorative crown molding, metal roof forms above storefronts, window trim, columns, and arcade over the existing staircase on south elevation. An on-site mockup of the proposed paint colors can be seen on the southeast corner of the building. Moved to Consent Agenda. Vlll. Final Design - Dirksen Duplex Property Location: Lot 78, Block 4, Wildridge Subdivision/ 5691 Wildridge Road East Applicant/Owner: John G. Martin, Architect / Dan Dirksen Description: John Martin is proposing a duplex on this '% acre property located on Wildridge Road East. This application proposes two units; the western (Unit A) 4 -bedroom, 4 1/2 bathroom unit measures 4,078 square feet, and the eastern (Unit B) 3 -bedroom, 3 bathroom unit measures 3,079 square feet. The sketch design plan was reviewed at the Commission's September 20, 2005 meeting. Matt Pielsticker presented the Staff Report to the Commission. John Martin, architect for this project, approached the podium for Commissioner questions. Commissioner D'Agostino questioned Mr. Martin on the deck and cap detail. Commissioner Green commented on the tan color, Commissioner Savage questioned the snow storage and Commissioner Buckner commented on snowmelt and the garage. Commissioner Savage motioned to approve Item VIII, Final Design - Dirksen Duplex, Property Location: Lot 78, Block 4, Wildridge Subdivision/ 5691 Wildridge Road East, conditional on the 4 recommendations as presented in the Staff Report. Commissioner Struve seconded the motion and all Commissioners approved unanimously. IX. Comprehensive Plan - PUBLIC HEARING Description: The Commission will review the complete draft form of the Comprehensive Plan prior to a recommendation being made to the Town Council. Draft copies will also be available for review in the office of Community Development. Resolution No. 05-12, Series of 2005 Eric Heidemann commented that during work session the Commission had unanimously requested an additional two weeks for review and consideration of the Plan in order to discuss at the November 18', 2005 Planning and Zoning Commission Meeting. No public input was offered. OPEN PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Struve motioned to table Item IX, Comprehensive Plan, with Commissioner Green seconding. The motion to table passed unanimously. XI. Other Business XII. Adjourn Commissioner Struve motioned to adjourn. All Commissioners were in favor. The meeting was adjourned at 8:00 pm. Respectfully submitted, Ruth Weiss Recording Secretary 1. APPROVED: Terry Smith Vice Chairman Phil Struve Secretary ,� � ids Town of Avon Planning & Zoning Commission Meeting Wy O �i Minutes C O L U R A U O October 18, 2005 5:00 pm — 5:30 pm Commission Work Session I. Call to Order The meeting was called to order at 5:40 pm. II. Roll Call All Commissioners were in attendance with the exception of Commissioner Evans. III. Additions and Amendments to the Agenda There were several additions and amendments to the Agenda. The addition of the September 28, 2005 Planning and Zoning Commission Comprehensive Plan Special Meeting to the Agenda and Item VII, Final Design - Mountain Center, Property Location: 910 Nottingham Road to be placed on the Consent Agenda with the caveat regarding the lighting plan for this project. The movement of Item IX, Comprehensive Plan Update to the first item on the Agenda followed by Item VIII, Final Design - Dirksen Duplex, Property Location: Lot 78, Block 4, •Wildridge Subdivision/ 5691 Wildridge Road East. IV. Conflicts of Interest There are no conflicts of interest to report. V. Consent Agenda: • Approval of the October 4, 2005 Planning & Zoning Commission Meeting Minutes. • Approval of the September 28, 2005, Planning and Zoning Commission Special Meeting of the Comprehensive Plan Minutes. • Consent of Item VII, Final Design - Mountain Center, Property Location: 910 Nottingham Road. Commissioner Struve motioned for approval of the Consent Agenda and Commissioner Green seconded the motion. Motion passed unanimously. VI. PUD Amendment / Confluence - PUBLIC HEARING Property Location: Confluence/95 Avon Road Applicant: East West Resorts / Owner: Vail Associates Description: A request for an amendment to the Confluence PUD to modify the existing development rights and zoning for the entire property. This application proposes a hotel, retail plaza, high-speed public gondola, condominiums, and fractional ownership residential units. Tambi Katieb presented the Staff Report. Commissioner Savage questioned the issue of the railroad and their crossings. Mr. Katieb responded that should freight service resume, alternatives would be examined. Eric Heidemann presented the background history of this project Chuck Madison, East West Partners, approached the podium to present this project. Mr. Madison began by describing the planning process to date, the goals of connecting the Town, Mountain and River, interaction with the Main Street Plan, and a commitment to LEEDS certification. Mr. Martin continued by describing the prior PUD, the proposed Site Plan, and continued by voicing the items contained within the Applications submitted, described the design plan as presented on wall hangings and their uses, created a design that was unique and descriptive to the project, highlighted the changes to the PUD, mentioned that all parking would be subterranean, dedication of riverfront land to the Town of Avon, discussed the Tax Rebates from the 1998 PUD and that the new PUD would hold no such rebates but would look to the Town for a Capital Improvement budget of 3.8 million dollars. OPEN PUBLIC HEARING No Public comment was provided. CLOSED PUBLIC HEARING Commissioner Buckner questioned the bicycle path improvement. Mr. Madison responded to widen it to 12 feet, placing benches and giving greater access for fishing. Commissioner Buckner continued with questioning employee housing and the fee in lieu situation. Mr. Madison responded that the application was heading in the direction of a fee in lieu for employee housing. Commissioner Buckner questioned the time line of construction. Mr. Madison responded that the entire project could be done in four years with the current real estate market and if there are changes to the current market, it could be six to seven years. Commissioner Buckner questioned the benefit of the spa and memberships; with the response from Mr. Madison that a wellness center may be incorporated and opened to the public but would need to report back to the Commission as it unfolded and outside memberships might be available at 4 to 5 year build out. Commissioner Struve commented that walking the site gave understanding of the site's grading, voiced concern with the steepness, requested of the applicant to retain as many Cottonwood trees as possible, concerned with the massing of the project and voiced support of the Wellness Center and the project. Commissioner Savage commented on the design concept. Mr. Madison responded with some materials being considered. Commissioner Savage continued with the proposal of the Town of Avon fueling 50% of the cost of the gondola, the pedestrian friendliness of the project, and improvements might be the responsibility of the developer. Commissioner Savage commented that he had to investigate the fiscal issues further. Commissioner Green encouraged that Avon; as it is today, not control the project's architectural destiny; the area on the river could be better used as a draw to bring both guests and locals to the river; concerned with access to river; separation of the bike path from project; voiced concern with the dwelling unit/accommodation units in regard to the parking numbers; Mr. Madison responded that adequate parking was a requirement of the Forest Service in relation to the ski mountain and has been addressed by Vail Resorts. Commissioner D'Agostino questioned the heights of the project in comparison to the Seasons Building height and the Whitewater Center, issue of a conference center was brought up; agreed with staff to address the pedestrian overpasses; questioned the Metro Districts role in the project; and, pay in lieu for employee housing and its impact. Tambi Katieb responded that it was an area that still needed to be addressed and for which policy needed to be created. Commissioner D'Agostino continued with what the benefit the LEEDS certification to the Town. Mr. Madison answered that he has been creating a large variety of buildings and was taking a leadership position by this strategy. Commissioner D'Agostino continued with questioning the 120-foot extension to the current height restriction of the Town. Mr. Madison responded that the market was requiring taller ceilings to be brought to market. Tambi Katieb reviewed the Land Use Plan and the 11 areas of review of this application. Mr. Katieb continued that items related to phasing were a concern to staff, part of the financial analysis, absorption, Town's anticipation of revenue, language of the Development Agreement, changes to the market needed consideration, massing, relation to the Town Center, more details on building heights to accommodate the step down effect to the river, 75 foot setback from the river perhaps in a refined tiered design, commercial/retail space minimums and how it would be deployed and interfaced with the. plaza, clarification of the minimum amount of meeting space, employee housing needed to be addressed in house and its obligation to the site; connectivity with the Town Center and the cue with views might need refining or a change to massing to make the connection to the gondola, incentives to the rental pool and hot beds to generate bodies and hot beds, built in incentives for the rental pool should be further discussed, parking assumptions, management assumptions and, finally, financial impact report and analysis of funding under Tab 13 of the Application. Commissioner Green questioned the utilities issues for the project and Mr. Katieb responded that it was yet to be determined and was a significant issue in process. Commissioner Green questioned the sewer and water plant capacity and Mr. Norm Wood responded that Eagle River Water and Sanitation would provide by letter the capabilities to accommodate. Eric Heidemann noted that the current Comprehensive Plan was the Plan used for this project and complimented the applicant for reviewing the draft plan in order to be incorporated and addressed in this project. Mr. Madison returned to the podium for closing comments and began by addressing the additional services or retail on the riverside and pedestrian connection and commenting on a flood plan issue in the area. Commissioner Green motioned to table Item VI, PUD Amendment / Confluence - PUBLIC HEARING Property Location: Confluence/95 Avon Road, to the next session with Commissioner Savage seconding. The motion to table passed unanimously. VII. Final Design - Mountain Center Property Location: 910 Nottingham Road Applicant/Owner.• Mark Donaldson / Lund Capital Group Description: The applicant is proposing to renovate the existing Mountain Center building by adding architectural features to both the north and south elevations. The proposed modifications include: decorative crown molding, metal roof forms above storefronts, window trim, columns, and arcade over the existing staircase on south elevation. An on-site mockup of the proposed paint colors can be seen on the southeast corner of the building. Moved to Consent Agenda. VIII. Final Design - Dirksen Duplex Property Location: Lot 78, Block 4, Wildridge Subdivision/ 5691 Wildridge Road East Applicant/Owner John G. Martin, Architect / Dan Dirksen Description: John Martin is proposing a duplex on this '/2 acre property located on Wildridge Road East. This application proposes two units; the western (Unit A) 4 -bedroom, 4 112 bathroom unit measures 4,078 square feet, and the eastern (Unit B) 3 -bedroom, 3 bathroom unit measures 3,079 square feet. The sketch design plan was reviewed at the Commission's September 20, 2005 meeting. Matt Pielsticker presented the Staff Report to the Commission. John Martin, architect for this project, approached the podium for Commissioner questions. Commissioner D'Agostino questioned Mr. Martin on the deck and cap detail. Commissioner Green commented on the tan color, Commissioner Savage questioned the snow storage and Commissioner Buckner commented on snowmelt and the garage. Commissioner Savage motioned to approve Item VIII, Final Design - Dirksen Duplex, Property Location: Lot 78, Block 4, Wildridge Subdivision/ 5691 Wildridge Road East, conditional on the 4 recommendations as presented in the Staff Report. Commissioner Struve seconded the motion and all Commissioners approved unanimously. IX. Comprehensive Plan - PUBLIC HEARING Description: The Commission will review the complete draft form of the Comprehensive Plan prior to a recommendation being made to the Town Council. Draft copies will also be available for review in the office of Community Development. Resolution No. 05-IZ Series of 2005 Eric Heidemann commented that during work session the Commission had unanimously requested an additional two weeks for review and consideration of the Plan in order to discuss at the November 151, 2005 Planning and Zoning Commission Meeting. No public input was offered. OPEN PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Struve motioned to table Item IX, Comprehensive Plan, with Commissioner Green seconding. The motion to table passed unanimously. XI. Other Business XII. Adjourn Commissioner Struve motioned to adjourn. All Commissioners were in favor. The meeting was adjourned at 8:00 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Terry Smith Vice Chairman Phil Struve Secretary Memo To: Planning and Zoning Commissioners From: Eric Heidemann, Community Development Date October 27, 2005 Re: Planning and Zoning Commission Recommended Draft Comprehensive Plan Summary Attached to this memo is the Planning and Zoning Commission's recommended version of the Comprehensive Plan and Resolution 0�-12 recommending to Town Council the approval of the Draft Comprehensive Plan. Accompanying the draft plan is an executive summary prepared by Rebecca Leonard of Design Workshops describing the planning process to date. Staff has scheduled a joint worksession with the Planning and Zoning Commission and Town Council to formally hand-off the document and allow time for the Council and Commission to discuss the process and rationale for the recommended version. Following the joint worksession discussion, staff has scheduled a public hearing on the regular agenda for adoption of the plan and resolution. Comprehensive Plan Process Town Council 2003 Town Council directs staff to work with the Planning and Zoning Commission to April 5, 2005 update the Comprehensive Plan January 13, 2004 Town Council hears presentations from various selected firms January 27, 2004 Town Council contracts with RNL to update the Comprehensive Plan February 10, 2004 Town Council selects the Comprehensive Plan Steering Committee Steering Committee February 2004-2005 Steering Committee meet eleven times to guide the planning process June 29, 2004 First Community Meeting for public input September 14, 2004 Steering Committee asks Town Council for more time to complete the plan October 18, 2004 First Steering Committee draft of Comprehensive Plan November 15, 2004 Second Steering Committee draft of Comprehensive Plan December 6, 2004 Second Communes Meeting for public input January 11, 2005 Third Steering Committee draft of Comprehensive Plan February 9, 2005 Forth draft of Comprehensive Plan (released for public input) Planning Commission March 15, 2005 Planning and Zoning Commission reviews Section I-II: Avon's Vision and Introduction April 5, 2005 Planning and Zoning Commission reviews Section III: Land Use and Community Framework April 12, 2005 Town Council raises concerns about process, draft plan, and consultant April 19, 2005 Planning and Zoning Commission reviews Section IV: Sub Areas May 3, 2005 Planning and Zoning Commission reviews the remaining sub areas. May 10, 2005 Town Council contracts with Design Workshop to finish update to Comprehensive Plan May l7, 2005 Design Workshop holds a kick off meeting with the Planning & Zoning Commission (directed to reorganize and rewrite draft prior to spending any more time reviewing) May 24, 2005 Three new Planning and Zoning Commissioners are appointed by Town Council June 7, 2005 Summarize process for adoption of the plan (action to date, roles and responsibilities, next steps). June 21, 2005 Present the High Priority Subarea section of Comprehensive Plan. Work through Draft Plan Observation Summary as it pertains to the High Priority Districts, and general discussion of style and content. July 5, 2005 Review the planning principles and recommendations within the Medium Priority Districts (Subareas) and work through Draft Plan Observation Summary as it pertains to the Medium Priority Districts. August 2, 2005 Review the planning principles and recommendations within the Low Priority Districts (Subareas) and work through Draft Plan Observation Summary as it pertains to the Low Priority Districts. September 6, 2005 Discussion of regional land use issues with Eagle County Senior Planner Cliff Simonton. September 14, 2005 Special meeting to discuss the proposed Goals and Policies. September 28, 2005 Special meeting to discuss the Vision, Introduction, and Land Use/Community Framework sections of the plan. October 18, 2005 Planning and Zoning Commission takes two more weeks to review the final draft. November 1, 2005 Joint meeting of the Planning and Zoning Commission and Town Council. Town Council November 8, 2005 Town Council Meeting November 22, 2005 Town Council Meeting Reference Change PZC Reasoning TC Input General: - r - Checked spelling and grammar Consistency in language (ie goals, policies, districts, and principles) More specific and/or descriptive when possible. Updated all maps. Recreated, cleaned up, updated base on comments, and made more user- friendly. Section l:_ Avon's•Vtsion= Wanted to keep it simple. Felt that the first 2 Focused on the statement. Feb Draft: P4 paragraphs explained the Wanted the vision Oct Plan: PS Took out Vision Statement vision and that the statement to be more statement itself was too robust. cliched. Feb Draft: P4 Added a Core Value about Agreed with Town Council Suggested by a Town Oct Plan: P5 Diversity suggestion. Council member. Section H. Introduction Feb Draft: P5 Simplified and deleted NOT the priority of the Wanted more details and Oct Plan: P7 redundant statements plan so it needs to be concise and streamlined. less summa summary. Section III. Community' Framework. Feb Draft: P5 Checked grammar and Wanted more details and Oct Plan: P7 simplified less summary. Feb Draft: Ply Combined Mixed Use Felt that they were too Residential and Mixed Use detailed. Oct Plan: P20 Lodging Amended Section E by Feb Draft: PI8 eliminating the goals and Felt that they were too Wanted more key goals and Oct Plan: P31 policies. Just referenced detailed. policies. p° the Implementation Matrix on page 75. Reference Change PZC Reasoning TC Input Sccdon IV.-, District i Planning Principles. Feb Draft: P21 Changed term from "Sub Felt it represented Oct Plan: P33 Areas" to "Districts " more of a community/neighborhood. Feb Draft: P21 Added diagrams for each of Felt the diagrams helped granted more clarity for the High and Medium orient reader to the district each district. Oct Plan: P33 Priority Districts. and visualize principles. Added concise district Wanted to make sure the Feb Draft: P21 character statement in reader could instantly Wanted more clarity for Oct Plan: P33 margins for all High and determine the concept for each district. Medium Priority Districts. each district. Felt that regional Town Council comments Feb Draft: P28 Regional commercial in the commercial was on District 9 reflect their desire to minimize all Oct Plan: P53 area near the I-70 appropriate at the development at the intersection. intersection of 1-70 and intersection of I-70 and Post Boulevard. Post Boulevard. Even though uncorporated, felt the Town should have Feb Draft: P26 Added three U.S. Forest Concurred with comments plans showing the desired Oct Plan: P60 Service parcels to the by the Town Council. planning principles for Medium Priority Districts. these parcels in case of disposal from the U.S. Forest Service. Section V. Goals and - PoWies>> Rearranged and added sections to the Goals and Policies. Broke "Land Use and Development" into "Land Felt that it provided a better Feb Draft: P34 Use" and "Urban Form" organization for the goals Oct Plan: P71 Put "Regional Awareness" and policies. at the beginning and coined it "Regional Coordination". Put "Community Image and Design" towards the beginning and coined it "Community Character" Feb Draft: P34 Tried to make each Goal Felt that these needed to be and Policy more clear and clear and concise so that Oct Plan: P71 concise. anyone could read and Reference Change PZC Reasoning TC Input understand them. Felt that they were confusing, created a barrier Feb Draft: P34 Took out the italicized between the goal statement Oct Plan: P71 "discussions" for each goal. and implementation policies, and were not very thorough. Felt that there are very few Feb Draft: P55 things that even fit the Took out Goal H.S. description of "historic', Oct Plan: P71 and it is not a priority at this time. Used two techniques and then compared them to each other. First, the Steering Committee met and simply picked which goals/policies should be on list and'what Feb Draft: P56 Recreated the the timeframe should be for Oct Plan: P97 Implementation Matrix. each task. Second, broke list into "Projects" and "Ongoing Tasks". Then, prioritized the Projects according to short (within next 5 years) and long term (within next 10 years). Appendices Trimmed, simplified, and completed. 1. Historic Preservation a. Planning and Zoning Commission feels that there are very few things that even fit the description of "historic", and it is not a priority at this time. b. A few Town Council members have expressed an interest in putting as much detail as possible in the plan and have recently made appointments to the Historic Preservation Board. 2. Intersection of I-70 and Post Road a. Planning and Zoning Commission feels that there should be some regional commercial on the north side of the intersection. b. Town Council comments seem to reflect the position of ratcheting the development potential down at the Village at Avon. Staff Report PUD AMENDMENT Y IY C O L O R A D O November 155, 2005 Planning & Zoning Commission meeting Report date October 26, 2005 Project type Mixed -Use Planned Unit Development (PUD) Amendment Legal description The Confluence PUD ("Beaver Creek Current zoning Address Landing") PUD 0095 Avon Road Introduction On October 18th, 2005 both staff and the applicant presented the Commission with a general overview of the proposed Confluence PUD amendment, identified a list of development related topics that required further discussion, and prepared a public hearing schedule aimed at keeping the presentation of information manageable and discussion focused. This report expands upon those items of discussion listed in the prior report. However, staff anticipates discussing a limited number of these topics at this meeting with the applicant, simply as a function of the scope of the issues and the time required for staff and the applicant to adequately respond to the Commission deliberations. Staffs goal is to systematically review each topic area through several meetings before providing you with a formal recommendation to forward to Council. Outlined below are several of the major components of the land use plan reviewed at the initial hearing that we hope to review at this meeting (please refer to the application submitted for specific details of each area highlighted below). The applicant has requested further time to discuss the specific areas of water rights, parking ratios and employee housing among others. However, we encourage Commission members to ask any questions in advance of the next hearing discussion on these topics or any other areas of the application you have yet to discuss to assist in preparation for our next review. The following items were outlined in the prior necessary we are providing a more expansive category to explore with the applicant at this time. 1. Development Site Planning: staff report to the Commission, and where and detailed discussion of areas within each PUD Development Plan The site planning for the Confluence PUD amendment is presented in two forms- the illustrative site plan (color) and the preliminary subdivision plan which is a requirement of the subdivision application. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 The Confluence PUD- Amen it to the 1998 PUD approval November 1", 2005 Planning & Zoning Commission meeting Page 2 of 13 Both of these plans include descriptive and illustrative details of the proposed amendment including proposed development standards, general building locations, and roadway alignments. Staff has requested that the applicant prepare a PUD Development Plan that consolidates the features of each plan into a format that will eventually comprise the final approved plan of the application process. If the applicant is able to prepare and consolidate the requested revisions, staff expects to review this draft PUD Development Plan at your next meeting. The site plan as presented would function well given the proposed uses, activity, relationship with surrounding activity centers, and assuming the at grade crossings were approved. However, staff has identified several areas where site planning requires refinement. Those areas include provisions for a future below grade crossings, on-site roadway improvements, building setback and location, and impacts to the 100 -year floodplain and wetlands area. Circulation, Traffic and Connectivity with Town Center The traffic engineering study performed by FHU (Felsburg, Holt, & Ullevig) indicates that based on the anticipated improvements to the Avon Road/Hurd Lane intersection (deceleration lane), Avon Road has the capacity to provide a level of service (LOS) acceptable to the Town to serve the site without the at -grade crossings. The traffic impact report was developed using several assumptions, the most notable is the only vehicular access to the site would be from Riverfront Drive- a "worst case" scenario option in lieu of any vehicular crossing to Town Center. Riverfront Drive, a proposed two-lane local collector road, will serve the Confluence development. To meet subdivision street standards and code requirements in the event the crossing are for some reason closed or not secured, staff is requesting that a condition of approval include provisions for: (1) converting the western end of the drive into a cul-de- sac/hammerhead and ensuring that there is sufficient right-of-way in the event the western railroad crossing is not granted and/or closed; and (2) planning for a future below grade pedestrian crossing at the location of the proposed easternmost railroad crossing. On the western end of Riverfront Drive, staff will require area sufficient to accommodate a 50' turning radius for a cul-de-sac. The 50' radius is a standard in the Avon Municipal Code. This has significant implications for the proposed whole ownership Building A, and in this regard, there should be some consideration given to dedicate the cul-de-sac itself as an easement and not right of way, allowing flexibility in the future for another development envelope should the rail line abandon and we are able to secure, in the long term, a permanent at grade crossing of the corridor. On the eastern crossing from the Avon Transit Center site, a below grade crossing is the only practical alternative to the at -grade crossing that has been discussed at length with the applicant in the event this crossing is not secured or revocable in any capacity. It appears, however, that there is sufficient room to accommodate this type of separated crossing and daylight the underpass in the area being proposed for the transit site dedication to the Town. Staff will defer on further detail and or engineering of this solution to the Town Engineer for comment through the Preliminary Plan application. The current site plan includes a trail connection along the western end of the site to connect the regional trail system through the subject property. Because there may be a future need to place a cul-de-sac at the end River Front drive, the right-of-way necessary to develop the cul-de-sac, along with the existing grade, make it necessary to revise the approach of the bike path for connection along the western crossing. Along those same lines, if the western crossing is not Town of Avon Community Development (970) 748-4030 The Confluence PUD- Amend t to the 1998 PUD approval + November 1", 2005 Planning & Zoning Commission meeting Page 3 of 13 granted by the PUC, then further development of the trail connection must be made to ensure efficient circulation for users of the trail to gain access to the Town Center. Likewise, we expect the site plan and preliminary subdivision plan to specify minimum widths for all sidewalks and public paths shown on the plans. Building Setbacks The building setbacks and location were items of discussion at the last meeting: After hearing concerns expressed by the Department of Wildlife, ECO Trails, staff, and the Commission related to the proposed reduction of the existing 75' setback to 50', the applicant has agreed to explore a way to adhere to the 75' building setback in all areas, with only several small exceptions. The applicant will explain the revised concept at this meeting. Building Locations and Public PlazalPromenade Considerations The building locations were also discussed at your last meeting, particularly the timeshare west building and the Gondola terminal. Staff had indicated a preference to have a view corridor with a direct line of site through the public plaza and ultimately the Gondola when viewed from Main Street and Benchmark Court. The applicant has stated that a viewshed analysis demonstrating the impacted views form these areas will be provided at the next hearing. The proposed location of the Gondola terminal lies partially within the 100 -year Floodplain and wetlands area. Staff has recommended pulling the Gondola platform further north from the boundaries of the 100 -year floodplain. The applicant has indicated that they would re-evaluate the location in an effort to accommodate those concerns, and this in turn may also help achieve a stronger visual connection to the gondola. Likewise, there was some discussion at your last hearing about understanding the activation of the river connection though the public promenade in more detail and the applicant is working on a concept that will be presented to you at the meeting in this regard. Finally, the illustrative site plan and the preliminary plan should be consistent in terms of the ability to create a public plaza and pedestrian experience that is not dominated by building mass on either side of the promenade. To this end, staff would recommend that the final design review of the hotel and timeshare west building specifically include a review of the main public promenade and plaza area. The concept plans do not fully correspond in terms of the width of the easement being provided on Lot 2 (the hotel site) and the desired width of the plaza area. The subdivision easement is only 50' wide and the illustrative site plan shows a plaza area that is approximately 80' in width. We would recommend that the easement provided through the subdivision plans be widened, and in any case, that specific design approval of the public promenade and plaza be reviewed in combination with the final design for the hotel site. The Town design review guidelines also require a sun/shade study, and in this public plaza and promenade, it will be particularly important for the Town to be comfortable with the public ways and the visual experience created through this area so that the intent remains as the applicant has proposed- to enhance and activate rather than'overwhelm the pedestrian experience. Town of Avon Community Development (970) 7484030 Fax (970) 949-5749 The Confluence PUD- Amen it to the 1998 PUD approval November 1', 2005 Planning & Zoning Commission meeting Page 4 of 13 2. Design and massing: Hotel and Timeshare Lots (Lots 1, 2 and 4 on the Preliminary Subdivision Plans) As previously stated, staff has no objection to the design or density being proposed in this application. However, both staff and the Commission have encouraged that appropriate terracing of the buildings heights as an important objective in this proposal, and that specific building heights on certain portions of the project may be more appropriate that an overall maximum building height. The PUD amendment includes maximum building heights for the hotel of 130ft, timeshare 100ft and whole ownership 85ft. The Preliminary Development Plan will refine these maximum height limitations by describing development standards for each of the proposed lots (1-5), and as mentioned, specific building envelopes where possible. This will provide the Town with some level of certainty that specific buildings will be developed in the manner they are currently contemplated. The height of the proposed structures would be tied to the building location on the lot and not necessarily the use. Staff would suggest that language also limit the highest proposed ridge of the hotel to the maximum height requested, both in location and extent, to ensure that the building context and form remains as proposed in the massing and concept plans- obviously subject to refinement through design review. The use of a higher ridgeline is functional on this site for several reasons. Most notably, the property drops in physical elevation as compared to other sites in the Town Center District (both sides of Avon Road). Likewise, creating a strong visual presence to this architecture that is viewable from 1-70 should be a worthwhile objective since it is the only site in the Town that can function as a 'front door' to the resort experience, be it Bachelor Gulch today or Beaver Creek in the future. Taken as a whole, the proposed massing and context of the hotel and timeshare buildings appear to create an even scale that is appropriate for the site and within the development rights already assigned. However, as already discussed we will need to pay significant attention to the pedestrian experience and the specific design of the public plaza and promenade to ensure that the massing enhances this experience without creating an overly urban edge and physical context that is out of character with community goals and policies related to site design. Staff would also suggest the Commission and Council explore the idea of this type of limited ridgeline height as a 'benchmark' that will not be exceeded by any future proposal in the Town, particularly since the remaining developable sites with similar density are physically elevated and in closer proximity to what we consider a regional view corridor for locals and guests from 1-70 and other points in the Town commercial core. While we may decide that a more comprehensive view analysis is warranted for the entire Town, staff believes there is no other single property site that could reasonably accommodate this type of massing and height as well as the proposal for the Confluence property and still be supportive of the visual aesthetics of a mountain community as viewed from our major transportation corridor. On the western end of the site, particularly along the trail and river corridor, the massing and proposed height may have an opportunity to improve upon by terracing the building as the Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 The Confluence PUD- Amen t to the 1998 PUD approval November 1", 2005 Planning & Zoning Commission meeting Page 5 of 13 structure is stepped away form the setback line. Staff will continue to develop a condition that would ensure an acceptable mass and scale and allow the applicant some flexibility in the location and sizes of the whole ownership buildings. 3. Other Discussion Items: Incentives to rental pool Although the applicant is not proposing mandatory participation in a rental pool for the whole ownership units in the hotel and project, the applicant does describe specific incentives that, according to the applicant, will be attractive to property owners and lead to successful participation. Staff has discussed with the applicant the range of incentives and whether the incentives proposed are adequate to ensure a high rate of occupancy and encourage 'hot beds' as desired. The applicant is confident in the incentives proposed, indicated that the Westin program has had a relative high occupancy rate'for projects similar to this. The applicant has agreed to supplement information or data that supports this position at this meeting. Meeting Space in Hotel The applicant has agreed to establish a minimum amount of meeting space in the Hotel as suggested by staff and will discuss this aspect of the proposal at your meeting. Financial Analysis and Considerations Though the financial model provided by the applicant demonstrates that the amendment proposed provide a financial benefit to the Town over the original scenario, it is important to consider that the analysis is a dynamic model subject to many assumptions, as noted by Stan Bernstein (and included in your application packet under Tab 13 dated September 8, 2005). Also, the applicant has provided a separate analysis by THK that is intended to demonstrate the potential Town -wide positive market effects of the installation of the gondola and connectivity to the Resort (also included in Tab 13). As previously reviewed, the existing development agreement approved in 1998 entitles the developer to a rebate of: - 75% of all Sales Taxes; and - 75% of all Lodging Taxes; and - 50% of all Real Estate Transfer Taxes The rebate was limited so as not to exceed a fifteen (15) year term, however, the intent of the rebate was to fund a parking structure ("parking improvement project") on the Confluence, Lot C and Lot B respectively. It was assumed that by subsidizing the capital investment required to create structured parking, and for the Confluence in particular structured parking for day skiers, the developer would be able to deploy a 20 mill levy (out of 45 mills possible under the service plan) to finance and construct a 15,000 square foot Conference Center. The applicant has proposed deleting all existing rebate provisions in lieu of asking for the Town for a cumulative $3.8 million dollar capital contribution for what they consider public improvements to the project, including the railroad crossing intersections, the public plaza, upgrades to the Hurd Lane intersection, the riverfront park, and the western access. They are also requesting an annual contribution of approximately $280,000 to the operating expense of the gondola and the public restrooms combined. In total, this request is based on the limited Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 The Confluence PUD- Amen it to the 1998 PUD approval November 1", 2005 Planning & Zoning Commission meeting Page 6 of 13 bonding capacity of the District when re -deploying the mill levy to construct a high-speed detachable public gondola- which is not included in the request for public funding. In reviewing the proposal with our financial consultant, he has made the following significant observations and recommendations (also summarized in his October 4, 2005 memo to Larry Brooks- Tab 13 in the application): The Town should base the proposed financial model and build -out of the proposal on the "Conservative Case Rental and Average Daily Rate (ADR) and Moderate Build -out Assumptions". The request for operational funding of the gondola should be tied to the build -out of the hotel/timeshare portion of the project, so that should the Town choose to fund the operations, it is only fully funded commensurate to when the main hub of hotel activity and bed base is constructed and on-line. Also, savings proposed on the Town bus service are contingent upon the approval and availability of the railroad crossing at the transit hub location. Should the Town decide to partner with East West on their funding request for public improvements, the Town should request the developer to 'front end' those costs and be reimburse as RETT revenues are collected by the Town. Staff will continue to work with the Town Manager, the Town financial consultant, and the Town Attorney to ensure that the development agreement and PUD plans accurately reflect whatever financial arrangement for capital funding partnership is realized by the Town. We will also encourage the Council to limit any consideration to reimbursements through RETT revenues for public improvements to correspond to the proposed phasing of the project. Though our financial consultant has indicated that the current proposal, even if capital contribution for public improvements is agreed to by the Town, is very favorable, staff would remind the Commission that it is critical to your review role to provide Town Council with an informed review of the land use and development plan design issues for consideration in light of the significant potential financial benefits of the proposal. Please consider that the economic function of the project and the projected benefit of one scenario versus another comprises only one aspect of a total review of the land use proposed and should be so measured in your recommendation to the elected policy body. Topics for Next Meetings Review Our subsequent meetings will review the following topic areas with the applicant, several of which we outlined in the first meeting: Water Rights, Parking, Employee Housing, PUD Development Plan and Development Standards, and Preliminary Subdivision Areas in addition to any other areas you identify as requiring further discussion. Referral Agent Comments: Below is a list of referral agents and comments noted where received by staff. Eagle County Community Development Department Comments Comments received and attached as Exhibit I. Colorado Division of Wildlife No comments have been received at this time regarding the request for comments. Eagle County School District Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 The Confluence PUD- Amen( t to the 1998 PUD approval November 1", 2005 Planning & Zoning Commission meeting Page 7 of 13 No comments have been received at this time regarding the request for comments. Eagle River Water & Sanitation District No comments have been received at this time regarding the request for comments. Eagle River Fire Protection District No comments have been received at this time regarding the request for comments. Vail Resorts Development Companv No comments have been received at this time regarding the request for comments. ECO Trails Comments Comments have been emailed by Ellie Caryl, the ECO Trails Program Manager, and she has reviewed the project submittal and recommends that the existing paved trail that parallels the river be upgraded to include repair of cracks, removal of vegetation causing cracks or installation of root barriers to prevent further damage to the investment and an overlay of the asphalt to improve the trail which is showing signs of deterioration. Widening of the existing trail to 12 feet is also recommended for sections where it can be accommodated without impacting adjacent riparian vegetation or wetlands. The traffic volumes on the river trail will increase with the success of the Confluence development, and the trail is already popular now that it connects on the east and west end to other paved trails. The extra width will improve safety by allowing bikes to more easily navigate around pedestrians, dogs and other user types, and we want to encourage bikers to use these paved trails as much as possible Also regarding safety, the design of the spur trail intersections should consider possible conflicts between use types (bikers vs. pedestrians, bikers vs. bikers, site distance) in the final design and perhaps some of the connections could be consolidated. Colorado Department of Transportation Comments No comments have been received at this time regarding the request for comments. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110(h), it shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following design criteria or demonstrate that one or more of them is not applicable, or that a particular development solution consistent with the public interest has been achieved. Where the PUD is being requested in connection with the review of a development agreement pursuant to Chapter 17.14, not all design criteria may be applicable, as determined by the Community Development Department. The following design criteria shall be used as the principal criteria in evaluating a PUD: Staff Recommendation Recognizing the needs of both the developer and the Town to establish an appropriate proposal that is economically viable for the applicant and necessary for the Town to achieve the stated goals of the Comprehensive Plan, Town Center Implementation Plan, or Subarea Planning Town of Avon Community Development (970) 748-4030 Fax (970) 949.5749 The Confluence PUD- Amen t to the 1998 PUD approval November 1", 2005 Planning & Zoning Commission meeting Page 8 of 13 Principles as outline in the draft update to the Comprehensive Plan, Staff has no significant objection to the proposed use or density being proposed with the application. In addition, this application substantially conforms to the criteria necessary to recommend approval and is a more efficient use of the site compared to the prior approval and generally complies with the criteria necessary for approval. The following section reviews all applicable approval criteria for this application and summarizes how the proposal meets the requirements. 1996 Comprehensive Plan When the 1996 Comprehensive Plan was adopted, the Confluence site was not included in the incorporated area of the Town, therefore, there is no specific guidance as there is today with the 2004 Draft Plan which includes a special district for the Confluence site. However, the 1996 did contemplate the future annexation of the Confluence site through the following topic areas described below: Mixed -Use River Corridor The large undeveloped parcels adjacent to the Eagle River north of Highway 6 are designated mixed-use river corridor. These lands have the potential to be developed for a combination of land uses, as long as the uses and physical design of the site are sensitive to the natural riparian environment. High priority should be placed on the incorporation of public access to the river. Development plans should incorporate screening and landscaping, to emphasize positive visual quality. Consideration should be given to annexation of these properties, as opportunities arise. Resort Services The areas along the north side of Highway 6 are intended to contain uses that primarily support the Beaver Creek Resort area. Uses include employee housing, maintenance yards, visitor parking, and transportation facilities. Major transportation and parking facilities should be designed to provide direct linkages and connections to the Town Core, to facilitate pedestrian circulation for visitors and employees. Wherever possible, these facilities should incorporate other activities such as retail, offices, and entertainment facilities, to encourage pedestrian activity. Resort service uses should be carefully sited and designed, to minimize impacts on the Town's transportation system, and shall be carefully screened and landscaped. Rail Corridor A major rail line runs through the Town in an east -west direction, which currently represents a significant barrier to circulation and land use patterns. As part of a proposed merger between the Southern Pacific and Union Pacific Rail -roads, this rail line is proposed to be abandoned. A final decision on the line abandonment is expected in late 1996 or early 1997. 2001 Town Center Implementation Plan Below are general and specific guidance policies provided from the 2001 Town Center Implementation Plan for the Confluence Property: On the Confluence Property Development: "Features of the Plan: Pedestrian crossing of the railroad tracks to Confluence gondola site, with pedestrian access to Eagle River" Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 The Confluence PUD- Amen___nt to the 1998 PUD approval November 1", 2005 Planning & Zoning Commission meeting Page 9 of 13 "Opportunity to take advantage of the Beaver Creek Gondola. Without a commercial response to the gondola opportunity, the Town of Avon will have very little benefit from its possible introduction" "Crossing will be the front door to the Confluence (Beaver Creek). This could increase the level of pedestrian activity to concentrate movement of people and get much greater benefits out of visitor movements between car and mountain. People will walk past stores and restaurants to get to the gondola.. making a much more attractive location for commercial and condominium activity" Specific Policy guidance on the Gondola (Confluence) Site: "Connect across railroad right of way at ATS/Lot 61 properties" "Develop pedestrian walkway between railroad and Eagle River" Finally, the information provided below is the general approval criteria for a PUD amendment. Staff is in the process of developing a recommendation and would encourage the Commission to review these considerations in anticipation of a formal response to each criterion at the time that the PUD Development Plan has been provided. The table below itemizes the policies included in the 1996 Comprehensive Plan that staff considers to be applicable to the subject property. (Also attached to the report as Exhibit G are the pertinent sections of the draft Comprehensive Plan, as the applicant has voluntarily addressed the draft district planning principles for the project as proposed.) Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Compliance Land Use Policy Development and redevelopment will be of A1.1 a scale and intensity appropriate for the X neighborhood in which it is located. Policy Flexible zoning such as Planned Unit X A1.3 Developments (P.U.D.) should be encouraged where it results in more effective use of the land. However, such flexible zoning will only be allowed where it provides a benefit to the community and is compatible with surrounding development. Variations from standard zoning must be clearly demonstrated, and will be permitted only as needed to achieve effective development. Policy Parcels of land to be annexed will be X A2.1 master planned, in conformance with the Land Use Plan and Design Standards, and clearly show physical, visual and functional connections with the existing Town. Policy The Town will, to the extent practicable, X A2.4 coordinate its land use policies and regulations with other local jurisdictions. Policy Encourage mixed-use development X A3.6 throughout the community, where compatible with existing neighborhoods, to more efficiently use land. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 The Confluence PUD- Amen it to the 1998 PUD approval November 1", 2005 Planning & Zoning Commission meeting Page 10 of 13 Town of Avon Community Development (970) 7484030 Fax (970) 949.5749 Policy The Eagle River should be maintained as a X A3.8 riparian corridor. New development and redevelopment should be compatible with the riparian environment. COMMUNITYAND Policy Commercial areas will be supported X ECONOMIC B1.2 through creation and maintenance of DEVELOPMENT effective vehicle access and parking, transit services, all -season pedestrian and non - motorized vehicle access, and consistent application of design standards. Policy Public and private new development and X B1.3 redevelopment, including buildings and public ways, will be designed and maintained to effectively accommodate persons who are temporarily or permanently impaired in sight, hearing, or mobility, dependent on wheelchairs, crutches, or other forms of mechanical assistance. Policy Establish the Town Center Area as an X B2.2 inviting, vibrant and safe pedestrian - oriented cultural, retail and entertainment hub. Policy Encourage a range of uses in the Town X B2.3 Center, including re -tail, offices, hotels, recreation, tourism, and entertainment. HOUSING Policy Infill residential development should be X CIA compatible in de -sign, scale and use with existing neighborhoods. Policy New development, annexations, and major X C2.1 redevelopment shall include or otherwise provide for affordable housing. Policy Wherever possible, affordable housing will X C2.2 be integrated with, rather than be separate from, the rest of the community. Policy The Town will encourage and, to the extent X C2.4 practical, participate in development of affordable housing. TRANSPORTATION, Policy Streets should, to the extent possible, X PARKING, AND E1.1 effectively accommodate transit, CIRCULATION pedestrian, bicycle, and other modes of transportation. Policy Commercial, public and other uses that X E1.2 generate employment and customer traffic should be located on transit routes, and linked by pedestrian and bicycle paths to minimize the need for automobile travel. Policy Commercial areas should be designed to X E1.4 minimize in -town vehicle travel by making it easier for people arriving by car to park and Town of Avon Community Development (970) 7484030 Fax (970) 949.5749 The Confluence PUD- Amem t to the 1998 PUD approval November 1", 2005 Planning & Zoning Commission meeting Page I I of 13 1. Conformity and compliance with the overall design theme of the town, the sub- area design recommendations and design guidelines of the Town. Staff Response: The 1996 Comprehensive Plan is the guiding document that this application is being reviewed for compliance and conformity. Staff has identified 22 policies in the 1996 Comprehensive Plan that are applicable to the proposed land use application. Of those policies identified, staff believes the application complies with all the policies identified in the 1996 Comprehensive Plan. The applicant has also addressed the 2005 Draft Plan by incorporating the policies such as: a mixed use resort oriented development laid out pedestrian friendly; balance density in order to create critical mass at the same time marinating the appropriate massing; contain vertically mixed use buildings with supporting retail on the ground level; pedestrian friendly with numerous paths and physical connection with the Town. 2. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. Staff Response: 3. Uses, activity, and density, which provide a compatible, efficient, and workable relationship with surrounding uses and activity. Staff Response: 4. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. Staff Response: Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 conveniently walk to multiple stores and businesses. ENVIRONMENT Policy Future development and redevelopment X F1.1 shall minimize degradation of the environment, particularly in sensitive natural areas. Policy The river corridor will be protected as an X F1.3 important riparian habitat. Policy Major development proposals will be X F1.5 referred to the Colorado Division of Wildlife for review and comment regarding wildlife issues. PARKS, Policy New residential and resort developments X RECREATION AND G1.1 will incorporate recreational amenities. OPEN SPACE Policy New annexations and development will X G1.4 include or otherwise contribute to land for trails, open sace and recreation purposes. 1. Conformity and compliance with the overall design theme of the town, the sub- area design recommendations and design guidelines of the Town. Staff Response: The 1996 Comprehensive Plan is the guiding document that this application is being reviewed for compliance and conformity. Staff has identified 22 policies in the 1996 Comprehensive Plan that are applicable to the proposed land use application. Of those policies identified, staff believes the application complies with all the policies identified in the 1996 Comprehensive Plan. The applicant has also addressed the 2005 Draft Plan by incorporating the policies such as: a mixed use resort oriented development laid out pedestrian friendly; balance density in order to create critical mass at the same time marinating the appropriate massing; contain vertically mixed use buildings with supporting retail on the ground level; pedestrian friendly with numerous paths and physical connection with the Town. 2. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. Staff Response: 3. Uses, activity, and density, which provide a compatible, efficient, and workable relationship with surrounding uses and activity. Staff Response: 4. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. Staff Response: Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 The Confluence PUD- Amen( t to the 1998 PUD approval November 1". 2005 Planning & Zoning Commission meeting Page 12 of 13 5. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Staff Response: 6. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. Staff Response: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Staff Response: 8. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. Staff Response: 9. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. Staff Response: 10. That the existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. Staff Response: 11. That the PUD or amendment to PUD requested provides evidence of substantial compliance with the following public purpose provisions, as outlined in Section 17.28.085 of the Avon Municipal Code: A. The application demonstrates a public purpose which the current zoning entitlements cannot achieve. Staff Response: B. Approval of the zoning application provides long term economic, cultural or social community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights. Staff Response: C. The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and cultural resources, and increasing the amount of public benefit consistent with the community master plan documents Staff Response: of Avon Community Development (970) 7484030 Fax (970) 949-5749 The Confluence PUD- Amend t to the 1998 PUD approval November 1", 2005 Planning & Zoning Commission meeting Page 13 of 13 Recommendation Staff recommends that you review the areas outlined for discussion in this report, also reviewing the applicants response to the discussion held at your first meeting, and then motion to continue the file to the next regular meeting of the Commission on November 15, 2005. If you have any questions regarding this project or any planning matter, please feel free to call either of us at 748-4030, or stop by the Community Development Department. Respectfully submitted, Tambi Katieb, AICP Director Eric Heidemann, AICP Senior Planner Attachments: A. Narrative from East West for November 1, 2005 P&Z Meeting review B. PUD Application dated August 8, 2005 (previously distributed- please bring to mtng) C. Ordinance 98-20 & Approved Development Agreement (previously distributed- please bring to mtng) D. 2001 Confluence Proposed Illustrative Site Plan (available at meeting only) E. Proposed massing model (available at meeting only) F. Draft Comprehensive Plan District Policies Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 EXHIBIT A East West Partners October 26, 2005 To: Town of Avon Planning and Zoning Commission From: John Evans, East West Partners Re: November 1, 2005 Planning & Zoning Commission Meeting On October 18, 2005 Chuck Madison made a presentation to and had a "question and answer" session with the Commission. We have also had several discussions with Town staff as it relates to our PUD and proposed land uses. Based on the feedback of the Town's Staff and Commission, we have been working on several aspects of the PUD Amendment. We plan to address the following items at the November 1, 2005 P & Z meeting. River o Setback. The current plan contemplates a 50' setback from the Eagle River's mean high water mark. We are exploring ways to increase this setback and plan to explain specifics in the meeting. Pedestrian Plaza/Gondola o Width of pedestrian plaza at its North entrance. While the current plaza configuration has a sense of "discovery" as one enters the plaza, we've been asked to evaluate opening up this corridor. o Grade change from the railroad to the gondola. We will have a site section showing this grade change. o Gondola location. We are evaluating moving the gondola location to the north from its present location which would 1) mitigate impacts to the wetlands, and 2) decrease the distance to the gondola from the proposed bus transit station. o Connection from the pedestrian plaza to the river. We will be able to show in more detail this "transition" which will improve the pedestrian connection to and from the river. o Activation of river. We are working on a concept plan to activate the area below the hotel through a series of terraces, stepping down to the river. We will present this concept plan. Hotel o Roof material. We will have samples of our proposed recycled roof material for you to see. o Conference space. Town staff has asked if we are willing to agree to a "minimum" amount of space. Although Westin is a strong brand which will bring new customers to Avon, some amount of meeting and pre -function space is appropriate to drive incremental demand, so we are proposing a minimum of 3,000 square feet. Relationship of the proposed plan to the Town o We have a physical model (already in town offices) which you will have the opportunity to view. Other o Hotel rental program. We will discuss the rental program hotel as well as general information on owner use patterns in a sampling of condominium hotels. There are a number of other topics that will require attention at the November 15 meeting, including employee housing, development standards for specific lots within the site and parking requirements. We plan to discuss those and other topics at that time. EXHIBIT F Town District Planning Principles - -- Via. T The Confluence N 't�'Oevvelopment site u,"'.,n, 11, Roundabout Gondola to Vehicular and Pedestrian Crossing %Beaver Creek Ll T Transit Center Redevelopment Opportunities District 3: Confluence District The Confluence District is the key community connector. Not only a place where a river and creek converge, the Confluence District represents one where roads, the railroad, regional trail, and future gondola brings the community together and enlivens the Town Core. The intent of the district is to facilitate an extension of the Town Center with a significant residential/ lodging component, limited supporting commercial and services uses, and direct gondola access to Beaver Creek Village. The district is comprised largely of undeveloped land, with the exception of the wastewater treatment facility and employee housing. The district has direct access to the railroad right-of- way, the Eagle River, and Avon Road. The planning and development of this district should appropriately incorporate these three key assets. Planning Principles: • Recognize the Confluence District as the most valuable property in Town limits and should be developed at its most optimal level. • Develop a mix of uses consisting of bed -base development with supporting commercial development. • Create a vibrant mix of uses and creative use of space to allow a unique river experience. Town of Avon Comprehensive Plan "W=, I' Page 7 A V U Town District Planning Principles • Develop a state-of-the-art conveyance linking the Confluence District to Beaver Creek Village as the preferred alternative. • Design architecture to be significant from all sides (no front or back). • Parking areas, trash dumpsters, and loading or service areas should be screened and/or buffered from the river corridor and from U.S. Highway 6 to minimize impacts upon the river corridor and sustain compatibly with the river environment. • Create a seamless vehicular and pedestrian connection to the Town Center. • Preserve and enhance public access to the existing linear park running along the riverbank. Connections from this path to both the Town Center and Nottingham Park must be created in an ecologically sensitive manner as a key natural amenity. • Encourage preservation of trees in wetland areas. Encourage development efforts to minimize the loss of trees and impact to the riparian area while still achieving the urban design goals of this section. • Use signage, streetscape design, building forms, landscaping, points of interest, and other wayfinding elements to help orient visitors and lead them toward important destinations within the district and Town Core area. • Anticipate and provide for transit facilities between the Town Center and the Confluence in anticipation of passenger train on the railroad ROW. • Plan for public plazas and other gathering spaces for community interaction. • Develop a whitewater park to broaden the spectrum of recreational opportunities in town. 777�1 Town of Avon Comprehensive Plan UI N Page 8 z 0 •0 O � V 0 % L O L I ,fes ,vim `.1 i C: illllllllll c- • oacc—aze xv, c4cc—aze ocs - vzvid Ol avotnivu ce xoezF3`8.4'9T�'93°s's�4�'Xe"Faa.Ma3 SNI ON12J:3:3NION:�] LF NOISWaens INOWOM A8 ,.l it Jii{ � � ._ �- I I_�.✓ / iL --� -- — w j t it I 4t, SNOISKM 43SOd08d O'b£tL O s 0 + 0 0 o Z'8£�L LO III n ONLLSIX3 0 �g £'9ZbL + ONLLSIX3 1 3SOd08 0-tv'L 6'9ZI L 1 1 1 I ONLLSIX3 LL 1 1 I + 3SOdON Z'LZbL 0. CLi + I 1 ONIISIX3 I 1 + 3SOd08 + 01MIL £'MIL + 1 1 1 I ONLLSIX3 1 I I + 3SOdO21 Z'6Z$,L + 1 i i ONLLSIX3 i I i Ic 33SU08� m 6'6ZbL ONLLSIX3 0 3SOdO8 ONILSIX3 all Me 4. 3SOd02I 0'6M O s 0 + 0 0 o Z'8£�L LO III n ONLLSIX3 0 �g *os>c� zo lx� J L - LJ lL U CD w m ¢ _ � � ccc �"nwo = NOAIV L`d �30N-=ifI-I=JN00 SHL *os>c� zo lx� J L - LJ lL U CD w m ¢ _ � � ccc �"nwo = I �I 1 Q JA 11r, Mauriello Planning Group November 1, 2005 Town Council Planning and Zoning Commission c/o Eric Heidemann Senior Planner Town of Avon PO Box 975 Avon, CO 81620 Re: Draft Avon Comprehensive Plan — District 20: Nottingham Road District (p. 65) Dear Councilmembers and Commissioners: Thank you again for the opportunity to participate in the drafting of the Avon Comprehensive Plan. I have attached my previous letter dated March 31, 2005 for your reference. As you may be aware, I participated early in the process of the re -write of the Comprehensive Plan on behalf of my client. I have been impressed with the willingness of staff, the Planning Commission, and the Town Council to allow public input and refinement of the Plan. I have been retained by the owner (Barney 1204, LLC) of the Alpenhaus Townhomes located at 510 Nottingham Road in Avon. The owner has asked me submit this letter to the Town with regard to future planning in the Nottingham Road area. The attached letter was submitted and discussed with the Planning Commission last spring and nearly to a member, the Planning Commission agreed with the language proposed in the letter. Some of our comments made it into the current draft of the plan. However, the most important elements of the language discussed last spring do not appear in the current draft. Our Issue: The language included in District 20 is quite benign and does not seem to recognize the importance of this area in terms of visibility and the impression of character it says about the Town. The residential development in this area is highly visible to the traveling motorist even more so than the structures located in the Town Center. Everyone coming to Avon or traveling through Avon views the structures in this area and forms an opinion about the place based on this glimpse of the Town. The existing development in this area today does not present a quality architectural expression of the Town as it should. The only way to transform the architecture of this area is to encourage redevelopment of the properties in a significant way. Probably the single proven approach is to allow additional residential density through either rezoning or density incentives in exchange for high quality architectural treatment. We would propose that the following language be added to the Planning Principles section of District 20 to strengthen these policies: Encourage the redevelopment of residential properties in this area by allowing increased density through rezoning or other incentive mechanisms in exchange for high quality architectural treatment of existing properties. Redevelopment of properties in this district which improve the architectural character of the area will be considered a public benefit. We hope that you will consider these ideas and recommendations in your deliberations on the Comprehensive Plan. If you have any questions, please feel free to call me at 748-0920. Siryee�el , of rninic F. Mauriello, AICP Principal 2 9 JA I Ir Mauriallo Planning Group March 31, 2005 Planning and Zoning Commission c/o Eric Heidemann Senior Planner Town of Avon PO Box 975 Avon, CO 81620 Re: Draft Avon Comprehensive Plan — Nottingham Road Area Dear Eric: Thank you for the opportunity to participate in the drafting of the Avon Comprehensive Plan. I have been retained by the owner (Barney 1204, LLC) of the Alpenhaus Townhomes located at 510 Nottingham Road in Avon. The owner has asked me submit this letter to the Town with regard to future planning in the Nottingham Road area. The properties in this area are listed in the draft Comprehensive Plan as "Subarea 16." Under section IV, Town Subarea Planning Principals and Recommendations, subarea 16 is listed as a Low Priority Subarea. The plan includes the following language with respect to subarea 16: Subarea 16: Nottingbam Road Residential District This district is characterized by limited developable area due to steep slopes to the north, frontage on Nottingham Road, which is classified as a commercial collector road, and high exposure to I-70. Existing residential development is typically multi -family buildings with tasteful architecture. (emphasis added) Planning Principles and Recommendations: • Encourage additional informal landscaping of existing properties to soften the visual impact of the large structures. • Reseed exposed slopes with native grasses and wild flowers. • Require new development to provide a landscape buffer adjacent to Nottingham Road and 1-70. The proposed Future Land Use Map indicates this area for low density residential development which basically preserves the status quo for this area. Low density residential is the same category used to describe the Wild Ridge and Mountain Star neighborhoods, despite the obvious difference in character and density. The predominate zoning in the area is Residential Low Density. Our Request: My client believes that more attention should be provided to this area in the Comprehensive Plan. To characterize this area as having "tasteful architecture" seems to really miss the mark. The area is mostly built out with only one or two parcels available for new development and therefore the area is more of a future redevelopment zone. We tend to agree with the planning principles and recommendations provided for this although the policies seem more focused on screening or hiding the development that is there rather than dealing with the root of the problem. A quick visual inspection of the area reveals a mixture of well kempt, yet dated architectural facilities, and other structures that appear to be decades behind on maintenance. It seems to us that the Comprehensive Plan should be exploring ways to encourage owners and homeowner associations in the area to redevelop their facilities with improved architecture, landscaping, parking, and drainage facilities. We believe the primary way to do this is to provide incentives to encourage redevelopment of these properties. Density incentives are the best way to encourage the redevelopment of these properties as it will allow property owners to recoup the expenses to either raze the existing structures and rebuild them or rehabilitate the existing structures. Additionally, allowing limited commercial or office type development in a mixed use format may also provide enough incentive to redevelop sites in the area. Development along Nottingham Road defines the character of Avon to some degree as it is the most visible development from the I-70 corridor. The Comprehensive Plan should respond to the visual impact of the area by taking bold steps to redevelop the area. If the status quo is allowed to continue in this area, then we believe properties will continue to deteriorate. Our Proposal: We believe there should be more discussion on the Nottingham Road area and we offer the following policy statement to begin this discussion: Subarea 16: Nottingham Road Residential District This district is characterized by predominately multiple -family structures and quasi residential uses (churches) with surface parking. While there are a few newer structures in this area with tasteful architecture, the development in the area is generally dated in terms of architecture and building materials. Additionally, many of the existing structures are not well maintained and in a state of deterioration. This area has high visual 2 exposure to the interstate highway and therefore helps create one's impression of the Town. In order to improve the overall aesthetics of the area and to encourage the redevelopment of properties in the area, the Town will provide incentives in the form of increased density and/or by allowing commercial uses. The zoning of the area should reflect the more urban setting of the area by allowing medium and high density residential development rather than low density, which is more characteristic of suburban neighborhoods such as Wildridge and Mountain Star. Planning Principles and Recommendations: • Encourage the redevelopment of residential properties in this area by allowing increased density through rezoning or other incentive mechanisms. • Require properties making use of density incentives to demonstrate high quality architecture and landscape design. • Through the redevelopment incentives, require proper mitigation of debris flows and existing hillside drainage issues, as necessary. • Encourage additional informal landscaping of existing properties to soften the visual impact of structures. • Reseed exposed slopes with native grasses and wild flowers. • Require new development to provide a landscape buffer adjacent to Nottingham Road and I-70, while taking into account views to Beaver Creek. We hope that you will consider these ideas and recommendations in your deliberations on the Comprehensive Plan. If you have any questions, please feel free to call me at 748-0920. Si el , J Domi i F. Mauriello, AICP Principal Staff Report 7vi PUD Amendment C 0 L O R A D 0 November 1, 2005 Planning & Zoning Commission meeting Report date October 25, 2005 Project type PUD Amendment Legal description Lots 1 & 2, Chateau St. Claire Subdivision "Gates at Beaver Creek" Current zoning PUD Address 38374 Hwy 6 & 24 Introduction The applicant, Chris Payne, representing the owners of the property (also known as the Gates on Beaver Creek) is proposing an amendment to the Chateau St. Claire PUD. The proposed amendment to the PUD is focused primarily on a redrafting of the development agreement at the direction of Council, and does not contemplate any changes to the physical design or construction of the building. This application and agreement was directed by the Town Council at their September 13, 2005 meeting, and was later accepted by the owner and Town with a Memo of Understanding (Exhibit A) on September 26, 2005. At a regular meeting of the Town Council on September 13, 2005 a motion was passed to re- instate the building permit for a period of 90 days provided that no construction was to occur under the permit until guaranteed funding to complete the project was demonstrated, and an amendment to the Development Agreement is agreed to by way of a zoning amendment application. A formal zoning application is the only means to amend the Development Agreement; therefore, this application is an exercise to review the revised agreement, revised construction schedule, and a guaranteed funding source for the project's completion. The Memo of Understanding clearly set the expectations of this application and the anticipated areas of discussion or clarification. Staff would encourage the Planning and Zoning Commission's input be incorporated into a recommendation to the Town Council by way of a resolution. Staff has attached a proposed resolution with recommended conditions to this report for your review and consideration. Current Approvals & Recent Activity In December of 2004, the Town approved a development agreement and PUD Amendment with the developer through Ordinance 04-20 (Exhibit t3) which included: (1) payment of an in -lieu fee (impact fee) of $100,000 to the Town of Avon's Affordable Housing Program in place of 6 on- site employee units; (2) establishment of a time share amenity fee; and (3) an agreement that should a certificate of occupancy not be issued by the second anniversary of the effective date (December 14, 2006), the Town will retain a $60,000 cash deposit, the building permit would be cancelled and no further development would be permitted under the existing approvals (i.e. all approvals will be null and void, including the PUD and the Design Review approvals). Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 1, Chateau St. Claire Sub ion, "Gates on Beaver Creek" PUD Amendm November I, 2005 Planning & Zoning Commission meeting Page 2 of 9 After receiving approval of a development agreement and the formal PUD Amendment application, construction commenced on the property. The early part of 2005 was busy with construction of the footings and foundation walls. As part of the current approvals, the final footing inspection was to be inspected approved no later than June 30, 2005. After approval of the final footing inspection by the Building department on June 13, all construction activity ceased and construction equipment was removed from the site in the following weeks. After two months of inactivity on the property, the Community Development Department produced a letter stating that the project was in default and all approvals were to be void. The applicant requested reconsideration of the default determination, and the decision was remanded to the Town Council at their September 13, 2005 meeting. The Memo of Understanding was later agreed to between the land owner and the Town on September 26, 2005. Annexation & Zoning History for the Property February 1996 — Chateau St. Claire LLC petitioned to the Town for annexation and PUD zoning and development plan approval. The proposed project was a 4 -story building with 72,000 sq. ft. devoted to office, retail and restaurant. No residential use was included. Seotember 24, 1996 — Council approved the Annexation (Ordinance 96-16) and PUD zoning and Development Plan (Ordinance 96-17) with the condition that the parcel be subdivided into two lots: a 2.42 -acre development lot ("lot 1 ") and a 3.38 -acre Public Open Space lot ("lot 2"). Lot 2 is to be dedicated to the Town. July 1997 — Applicants received a building permit. This permit eventually lapsed due to a lack of progress- no construction occurs on site. August 5. 1998 — The PUD for the project was amended to include the addition of accommodation units (hotel, timeshares, fractional) and residential units to the'uses by right' (Ordinance 98-6). The permitted uses were expanded with this amendment, not the design of building. September 5. 2000 — Revised Final Design plan was submitted and approved for a 6 - story, 118,000 sq. ft. building including 54 condominium units and a restaurant. The condominium units were proposed as a mix of interval ownership, fee simple ownership and employee housing. This revised design submittal is similar in height and massing to the original design approved in 1996. September 26. 2000 — Town issues a grading permit to clear debris and topsoil from the site. All work pertaining to this permit was completed October 12, 2000. August 2001 — Town issues a foundation, excavation, and retaining wall permit and retained a $60,000 surety to ensure restoration of the site pending issuance of a complete building permit. June 2002 — Building permit is issued, which consisted of 52 timeshare/interval ownership units, employee housing units, a restaurant and spa. Town expires building permit due to lack of construction activity on the site. The owner/developer is required by the Town to pay half of the building permit fee again to extend the building permit (allowed under the 1997 UBC) by the Building Official. Town of Avon Community Development (970) 7484030 Fax (970) 949-5749 Lot I, Chateau St. Claire Subs on, "Gates on Beaver Creek" PUD Amendm November 1, 2005 Planning & Zoning Commission meeting Page 3 of 9 December 10. 2002 — The Town issues a new building permit (C-BP2002-17) with specific conditions for construction and development. Based on this revised permit, owner/developer was required to commence construction no later than May 10, 2003 and pay a recreational amenity fee in the amount of $58,808 and a school impact fee in the amount of $11,415.81 for a total of $70,223.81. All fees were collected by the Town. Inspections performed under C-BP2002-17: May 8, 2003 — Site Preparation Inspection approved by Town. May 9, 2003 — Soils Report/Open Soils report accepted by the Town. July 15, 2003 — Planning and Zoning approves revised Final Design drawings July 30. 2003 — Soil Nail Wall accepted by special inspector. No activity beyond this point for 180 days will cause permit to expire on February 18, 2004. January 27, 2004: Ownership approached Council at regular meeting, asks for an extension and explains financial difficulties resulted in lack of progress. A 180 -day extension granted by Council pending satisfactory funding and footing inspection. No activity occurred until August date. August 4, 2004: Town Attorney determines funding in place after meeting with owners and lender. August 11, 2004: Inspection performed on shared and partial footing. Permit will expire in 180 days (Feb.7th, 2005) with no substantial resumption of activity. No activity occurs on the site after this inspection. December 14, 2004: Council approves Ordinance 04-20, replacing employee housing units with 6 fractional units. Still, no activity occurs on site since as a result of approval of ordinance, causing applicant to seek an extension of the building permit from Council in February 2005. February 8. 2005: Council extends building permit with conditions, including a June 30, 2005 inspection deadline for final footing and noted that the building activity must meet the dates as outlined in the construction schedule. Community Development sends approval letter confirming Council action and the required conditions of the agreement, noting that the key dates submitted by CFC in the construction schedule will constitute the construction schedule per the default provisions. February — August 12, 2005: Building Inspectors perform several inspections on footing and foundation completion, including June 13, 2005 inspection for final footing. On June 14, 2005, CSC Land requests release of $210,000 of surety in accordance with approved development agreement. Release occurs in the next week. June 20, 2005: Town Manager and Community Development Director informed by CFC Construction representative that they will pull all equipment and personnel off site during the week. June 22, 2005: All activity ceases on site, equipment pulled by CFC Construction. June 29, 2005: Certified mail sent by Community Development Director providing notice of potential default condition as a result of all construction activity ceasing, noting that Town of Avon Community Development (970) 748-4030 Fax (970) 949.5749 Lot I, Chateau St, Claire Sub ion, "Gates on Beaver Creek" PUD Amendr November I, 2005 Planning & Zoning Commission meeting Page 6 of 9 2. Conformity and compliance with the overall design theme of the town, the sub -area design recommendations and design guidelines of the Town. There are several design issues that must be addressed prior to construction commencing at the site. In order to fulfill a condition of approval for a Minor Design Modification (modifications to final design approval) an on-site mockup was reviewed by the Planning and Zoning Commission on June 21, 2005. Staff would recommend that the issues brought up by the Commission during the mockup review be addressed prior to the project moving forward. Some of the concerns brought up by the Planning and Zoning Commission include the following: • Replacement of the 7/16" Hardy board fascia with a minimum 3/4" textured fascia. • Presentation of a secondary roof material. • All deck material to be rough -sawn. • Water-based stain concerns. • Bronze downspouts and gutters to be bronze in place of copper. • The yellow color on the bottom of the mock-up is not approved. The design theme of the project is in general compliance with the design theme of the Town; however, the details mentioned above must be addressed prior to construction. In addition to the mentioned comments on the on-site mockup several design related items remain unresolved for the project. Some of these outstanding issues include: (1) Revised Landscape Plan, (2) Revised grading plan, (3) Master Sign Program submittal, (4) Revised Lighting Plan to conform to Outdoor Lighting Ordinance, (5) Execution of an access agreement with neighboring property (Folson). For an all inclusive list of outstanding design issues please refer to the attached letters from staff dated December 8, 2004 and June 22, 2005 (Exhibit D). Staff believes that there should be a set benchmark date added to the new Development Agreement's construction schedule for resolution or submittal of a design application to address all of the remaining design issues. Some of the remaining design items could affect ordering schedules and the timeframe for completion of the project. 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. The massing and scale of the building was approved through the original PUD approval process in 1998 and has remained unchanged since that time. The architectural details (i.e. removal of canvas awning on north elevation, stucco texture) and use of materials (i.e. roof material, window heads/sills from wood to stucco detail), however, has changed by way of design modification applications. As stated above, the design concerns brought up by the Planning and Zoning Commission during the on-site mockup review must be addressed prior to proceeding with the project. A letter (Exhibit D) highlighting the Commission's concerns was forwarded to the project's architect, Mike Stornello, shortly after the mockup review and no response has been received by staff to date. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 1, Chateau St. Claire Subd on, "Gates on Beaver Creek" PUD Amendme November I, 2005 Planning & Zoning Commission meeting Page 7 of 9 No information was included in the application to clarify the uses and/or unit mix for the project, as requested with the Memo of Understanding (see Recitals #3). The applicant has instead proposed that the unit mix will be consistent with the PUD approved zoning, which allows for whole ownership and timeshare units, and will be driven by the available financing options the owner can secure. This may be clarified with the funding information that the Town is awaiting. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. This criteria does not apply to the current application. 6. Site plan, building location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. This criteria does not apply to the current application. 7. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. The permit issued by the Colorado Department of Transportation (CDOT) has expired and must be renewed prior to commencing building construction or construction of the permanent access on Highway 6 & 24. S. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. This criteria does not apply to the current application under review. 9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. The sole purpose of this application is to review the revised development agreement and associated (extended) construction/phasing plan. Also, the 90 day extension on the building permit was granted in order to give the owner(s) a change to guarantee funding to cover all expenses necessary to complete the project. No guarantee of funding or cost estimate of construction has been verified by the applicant. 10.Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. The current approval was guaranteed public services and the upper portion of the property (Lot 2) was dedicated to the Town as Open Space as part of the original PUD approval in 1996. There are no anticipated increases in demands for services. 11.That the existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. After discussion, the CDOT access permit must be reinstated with any easement requirements or agreements executed prior to construction. Town of Avon Community Development (970) 748-1030 Fax (970) Lot 1. Chateau St. Claire Subs on, "Gates on Beaver Creek" PUD Amendm November 1, 2005 Planning & Zoning Commission meeting Page 8 of 9 12. That the PUD Amendment requested provides evidence of substantial compliance with the following public purpose provisions, as outlined in Section 17.28.085 of the Avon Municipal Code: A. The application demonstrates a public purpose which the current zoning entitlements cannot achieve. The current entitlements, and more specifically the deadline for a Certificate of Occupancy for the project (December 14, 2006), is unachievable at this point in time. The applicant is providing a revised development agreement and additional surety that the project will be completed with a new construction schedule. B. Approval of the zoning application provides long term economic, cultural or social community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights. The application seeks to amend an existing development agreement to finally construct a project or remove all zoning rights from the property. Finality of this project through construction would provide a community benefit. C. The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and cultural resources, and increasing the amount of public benefit consistent with the community master plan documents. This project is supported by the Comprehensive Plan, and there are no proposed changes to the siting of the development. Discussion Though the application does not propose to change the physical appearance or entitlements of the PUD as it is primarily focused on requested revisions to the Development Agreement, the Commission is required to review the agreement proposed and provide a recommendation to Council on the proposed amendment. In order to address all previous design related conditions from previous Planning and Zoning Commission reviews, staff is recommending that a final design submittal date be added to the construction schedule to ensure that all issues are addressed in a timely manner. Staff has relied upon the Town Attorney to review the legal aspects of this proposal, but we are recommending approval of the agreement with several conditions that we feel will finalize the design review of the, proposal that has been pending for some time now. We feel the construction schedule has generous amounts of time built into the proposed milestones, but also believe that should the project order and erect structural steel by August 2006, it is highly unlikely that the site will be abandoned by the lender. Staff Recommendation Staff recommends conditional approval of Resolution 05-13. Recommended Motion "I move to approve Resolution 05-13, recommending to the Town Council to approve the amendment to Chateau St. Claire PUD (Ordinance No. 04-20) and Development Agreement, Lots 1 & 2, Chateau St. Claire Subdivision, Town of Avon, Eagle County, Colorado, as more specifically described in the application dated October 11, 2005 with the following conditions: Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot I, Chateau St. Claire Subd on, "Gates on Beaver Creek" PUD Amendme November I, 2005 Planning & Zoning Commission meeting Page 9 of 9 1. The proposed schedule address the submittal of the following design milestones: a. CDOT approved access permit, including any required easements Deadline of March 30, 2006. b. Verification of structural steel order (deposit and shop drawings) Deadline of March 30, 2006. c. Submittal of final design application (revised on-site mock up and remaining design review approval conditions) Deadline of April 30, 2006. 2. The Employee Housing Impact Fee collected is fully dedicated to the Town irrespective of the project outcome, however, should the applicant seek an increase in density or future amendment to the PUD allowed uses, a new Impact Fee may be assessed. 3. The development agreement language is amended to the satisfaction of the Town Attorney. 4. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. If you have any questions regarding this project or any planning matter, please call me at 748- 4030, or stop by the Community Development Department. Cordially, `5;L 'oe- z*j�. Matt 4Pielstic Planner Report Attachments: A. Memo of Understanding with land owner, dated September 26, 2005 B. Ordinance 04-20 (amending ordinance 98-17) with current Development Agreement C. Summary of proposed changes as part of October 11, 2005 application submittal D. Design Approval Letters to architect dated December 8, 2004 & June 22, 2005 E. Strikethrough Development Agreement F. September 13, 2005 & September 26, 2005 Town Council Meeting Minutes Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 05-13 A RESOLUTION RECOMMENDING APPROVAL OF A PUD AMENDMENT APPLICATION AMENDING THE CHATEAU ST. CLAIRE PUD, LOTS 1 & 2, FINAL PLAT OF CHATEAU ST. CLAIRE SUBDIVISION, AS MORE SPECIFICALLY DESCRIBED IN THE APPLICATION DATED OCTOBER 11, 2005. WHEREAS, CSC Land, LLC has filed an application to amend the existing Planned Unit Development ("PUD") and Development Agreement for the Chateau St. Claire PUD; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning and Zoning Commission of the Town of Avon were provided as required by law; and W HEREAS, the Planning and Zoning Commission of the Town of Avon held a public W WHEREAS, said application appears to comply with the following PUD review criteria set hearing on November 1, 2005 at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD and Development Agreement; and HEREAS, following such public hearing, the Planning and Zoning Commission forwarded its recommendation for approval on the PUD amendment application to the Town Council of the Town of Avon through Resolution 05-13; forth in Section 17.12.110 of the Avon Municipal Code, including the following: a. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives has not been met as required by 17.20.110H (1). b. The overall design concept of this PUD Amendment conforms to the design theme of the Town, and Design Guidelines as required by 17.20.110H(2) c. The project is compatible with the immediate scale and character of existing properties in the vicinity. 17.20.1101-1(3) F: (Planning & Zoning CommissionlResolutions120051Res 05-13 Chateau St. Claire amendment.doc d. This PUD Amendment application is responsive and compatible to the existing surrounding land -uses. 17.20.110H (4) e. This PUD Amendment application has created functional open space that is responsive to existing views and buffers to open space. 17.20.110H(8) WHEREAS, this PUD Amendment provides evidence of compliance with the public purpose provisions outlined in Section 17.28.085 of the Municipal Code, NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends approval to the Town Council for the amendment of the Chateau St. Claire PUD, Lots 1 & 2, Final Plat of the Chateau St. Claire Subdivision, application dated October 11, 2005 with the following conditions: 1. The proposed schedule address the submittal of the following milestones: a. CDOT approved access permit, including any required easements Deadline of March 30, 2006. b. Verification of structural steel order (deposit and shop drawings) Deadline of March 30, 2006. c. Submittal of final design application (revised on-site mock up and remaining design review approval conditions) Deadline of April 30, 2006. 2. The Employee Housing Impact Fee collected is fully dedicated to the Town irrespective of the project outcome, however, should the applicant seek an increase in density or future amendment to the PUD allowed uses, a new Impact Fee may be assessed. 3. The development agreement language is amended to the satisfaction of the Town Attorney. 4. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. ADOPTED THIS 1st DAY OF NOVEMBER, 2005 Signed. Chris Evans, Chair Attest: Phil Struve, Secretary Date: Date: F. 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I i (d.(1� 1 m' . &3100 =---1 C'i'Lsrt 3aA3. r *0.94+0 s3n3. 1 � • 3 N g n�N I ) a �'� SD 8'Z54L Q ' ot'ari 'SOA co ' � g v +O•sa+c sane. �Z o N#Y I> „8l w� � �,, �►- O O O mW W O U co z � 3 O Q LLL nw z cY3 c9 O to Z Z W W 4 J m (n W o 6 s 9I.i9N01X U fel N 0 0 � J 0 V W O O O O a a � p3z W � ZO w� � �,, �►- O O O mW W O U co z � 3 O Q LLL nw z cY3 c9 O to Z Z W W 4 J m (n W o 6 s 9I.i9N01X U fel N 0 0 EXHIBIT A MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is entered into between TOWN OF AVON ("the Town"), a municipal corporation, and CSC LAND, LLC ("CSC"), a Colorido limited liability company as of %e Wx-6& ato 12005; RECITALS - In 1996, the Town Council of the Town adopted Ordinance No. 96-17 establishing Planned Unit Development zoning and development standards ("PUD") for a project now known as The Gates at Beaver Creek ("the Project'), which PUD was later amended by Ordinance No. 98- 6 and by Ordinance No. 04-20. h1 connection with Ordinance No. 04-20 (the "Ordinance', CSC and the Town further approved and executed a Development Agreement for the Project (the "Agreement'l. On August 18, 2005, CSC was notified by the Town that a default occurred under the Agreement as a result of failure of CSC to maintain an active building permit on a schedule that would result in issuance of a certificate of occupancy within two years of the effective date of the Ordinance. CSC was further notified of cancellation of the building permit for the Project. At regular meeting of the Town Council on September 13, 2005, a motion was passed temporarily reinstating the building permit for a period of 90 days; provided, no construction shall occur under the permit until guaranteed funding to complete the Project is demonstrated and an amendment to the Agreement is agreed to by way of zoning amendment. In connection with the amendment of the Agreement, the areas which will be under discussion include: 1) agreement to a new construction schedule with significant benchmarks and milestones of progress, including the erection of steel, without the allowance of exceptions; 2) confirmation of payment of a separate $100,000 Employee Housing Impact Fee to mitigate the Project's impact on employee housing needs, apart from a $250,000 cash restoration bond or letter of credit, the latter bond or letter of credit to be posted upon approval of the zoning amendment by the Town Council and the same to remain posted until issuance of a certificate of occupancy; 3) clarification of the type of unit mix (timeshare, fractional ownership and whole ownership; 4) any need for recalculation of the Timeshare Amenities Fee, based upon the unit mix and projected financial impacts of the Project; and 5) extension of the vesting period and deadline for completion of the Project. UNDERSTANDING OF THE PARTIES 1. CSC will file an application for amendment of the PUD and the Ordinance, which application will include a summary of the changes it and the Town desire to the Agreement. That application will be processed by the Town in the normal course, pursuant to provisions of the Avon Municipal Code, as amended. 2. At the. same time, the parties will enter into negotiation of an amendment to the Agreement, as it relates to the Project, which negotiations will take into consideration the input of the Planning and Zoning Commission, the Town Council and the public and will be entered into at the sole and absolute discretion of the Town Council. An amendment to that Agreement will not DMWEST #8150827 v3 be entered into unless and until the Town Council is satisfied as to deposit of a $250,000 cash restoration bond, the guarantee of funding sufficient to cover all expenses necessary to complete the Project and the revised terms of a PUD amendment and adopts an ordinance amending the PUD and the Ordinance, including those items listed above in the Recitals. 3. If the foregoing conditions are not met within 90 days or by December 13, 2005, the building permit shall expire. Such 90 -day period may be extended in the sole and absolute discretion of the Town Council to accommodate delays in the normal course of processing the application during the upcoming holiday season. 4. The Town will reinstate the building permit during the 90 -day period (as and if extended), subject to the condition that no new construction shall occur under the permit until guaranteed funding to complete the Project is demonstrated and an amendment to the Agreement is agreed to by way of zoning amendment. CSC may complete the foundation work required to satisfy express conditions in the building permit per the last inspection and to backfill the entire site with soil to a depth sufficient to protect the already placed footings from frost. 5. CSC will reimburse the Town all costs incurred by the Town in association with the above, including but not limited to legal fees charged by the Town Attorney and any charges for financial modeling, the same to be paid on an ongoing basis within 30 days of receipt of an invoice and no less frequently than at the time of filing of the application for amendment and, if the amendment is approved, before resumption of construction and each inspection. TOWN OF &VON By:. ATTEST E^ S Z x iU ; '° APPROVED AS TO T. Torn Attorney DMWEST #8150827 Q CSC LAND LLC, a Colorado limited liability company By: JMJCSC LP, a Texas limited partnership, its manager By: JMJ129 West, LLC, a Texas limited liability company, itsgener By: imoth arton, er STATE OF TEXAS COUNTY OF DALLAS The foregoin instrument was acknowledged before me on this _fig'` day of 2005 by Timothy L. Barton, as manager of JMJ129 West, LLC, a Texas limited liability company, as general partner of JMJCSC LP, a Texas limited partnership, as manager of CSC Land LLC, a Colorado limited liability company. [SEAL) �.`A ti . u .&..o.� No Public, State of Texas JOANN TILLMAN SMnH Notary Publle Swie W Tari My Conuniulon Explms 10 July 18, 2008 [Signature Page to Memorandum of Understanding] DMWEST *8750827 v3 EXHIBIT B TOWN OF AVON ORDINANCE NO. 04-20 SERIES OF 2004 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE 98-6, AMENDING THE CHATEAU ST. CLAIRE PUD DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS, LOT 1 AND 29 CHATEAU ST. CLAIRE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, CSC Land, has filed an application to amend the existing Planned Unit Development ("PUD') and Development Standards for the proposed Chateau St. Claire development; and WHEREAS, the Town and the Owner have negotiated the terms and conditions of the Development Agreement for Lot 1 and 2, Chateau St. Claire Subdivision and ("Agreement'), which is attached hereto as Exhibit "A" and incorporated herein; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on November 16, 2004, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD Development Plan amendment; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendation for approval on the PUD amendment application to the Town Council of the Town of Avon through Resolution 04-26; and 11IN1111���ifIIIIIIII31111190428 Page: 1:40 leant J slaenlon Eaele. Ce 799 R 00.00 0 0.00 Ordinance No. 04-20 Chateau St. Claire PUD Amend Pagel of 3 i�/w WHEREAS, after notices provided by law, this Council held a public hearing on the _hl- day of fro_ , R&Z , 2004, at which time the public was given an opportunity to express their opinions regarding the proposed PUD Development Plan amendment; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. That the PUD Plan is consistent with the goals and objectives of the Town's Comprehensive Plan, and is compatible with surrounding neighborhood and the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Chateau St. Claire PUD Amendment is hereby approved, subject to the following: 1. The PUD amendment is.contingent upon a valid Development Agreement between CSC Land, LLC, and the Town of Avon being approved; 2. Eliminate requirement #3 (Ordinance 98-6) for employee housing to be replaced by three fractional ownership units; 3. Payment of a $100,000 fee to the Town of Avon to mitigate Employee Housing requirements prior to the issuance of Temporary Certificate of Occupancy; 4. Payment of a Time -Share Amenity Fee to offset additional costs for transportation and recreation; 5. Failure to obtain a Certificate of Occupancy within two years of the effective date of the Amending PUD Ordinance shall automatically terminate all permits and no Ri ther development shall be permitted under existing approvals. 6. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. IIIIIIIea VIIIIIIIIIIIon IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 90: 2 of 1 .,F R Ga. 00 D 9.0111 Ordinance No. 04-20 Chateau St. Claire PUD Amend Page 2 of 3 INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this a� day of rladoMB , 2004, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the k4""- day of, 41 u Mg t , 2004, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. ATTEST: 3 Town Town of Avon, Colorado To C cil OF�reti a 0 � I SIL g. Ronald C. Wolfe, Mayor INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the 1L("= day of 2004. Town of Avon, Colorado ATTEST: � t S E A L 03 Ronald C. Wolfe, Mayor 12/22/2094 03:44F APPROVED AS TO FORM: YW'�' To Attorney Ordinance No. 04-20 Chateau St. Claire PUD Amend Page 3 of 3 DEVELOPMENT AGREEMENT FOR THE GATES ON BEAVER CREEK (formerly Chateau St. Claire) THIS DEVELOPMENT AGREEMENT (this "Agreement's is made and entered into as of (Z�e-d" lgt e_ 11 2004 by and between CSC Land, LLC, a Colorado Limited Liability Company (as more specifically defined below, the "Owner") and the Town of Avon, a municipal corporation of the State of Colorado (the "Town"). RECITALS: A. Owner is a limited liability company, duly organized and in good standing under the laws of the State of Colorado. B. Owner owns a parcel of real property described as Lots 1 and 2, FINAL PLAT OF CHATEAU ST. CLAIR SUBDIVISION — PUD, according to the plat thereof filed June 18, 1987 in Book 729 at Page 742, Eagle County, Colorado (" the Property'. C. By Ordinance No. 98-6, Series of 1998, the PUD Development Plan and Development Standards for the Property were approved, subject to the condition that deed -restricted affordable housing or employee units be included in the development in an amount equal to ten percent of the hotel, residential or timeshare units. D. Building Permit No. C -BP -2002-17, reissued on March 5, 2004 ("the Building Permit'), contained the conditions that 1) a Deed Restriction and Employee Housing Agreement be submitted for approval prior to issuance of a Certificate of Occupancy and 2) a letter of credit in the amount of $60,000 be retained by the Town until such time as the site is restored to the Town's satisfaction or a Certificate of Occupancy is issued. E. Owner has deposited cash in the amount of $60,000, in lieu of a letter of credit, which deposit has been accepted and will be retained by the Town to be used either for site restoration or as a credit toward the Employee Housing Impact Fee hereinafter provided for. F. The Town is now willing to delete the affordable housing condition from Ordinance No. 98-6, the PUD Development Plan and Development Standards and from the Building Permit, in exchange for Owner's agreement to certain exactions and other conditions, hereinafter set forth. G. The legislature of the State of Colorado adopted Sections 24-68-101, et sea. Colorado Revised Statutes (the "Vested Property Rights Statute") to provide for the establishment of vested property rights in order to ensure reasonable VIII IIIIIIIIIIII IIII IIII IIIIIIIIIIII III VIII IIII IIII 902 428i:44F Taak J 6laonton Ea010, co 282 R Be. so 0 a." certainty, stability and fairness in the land use planning process and in order to stimulate economic growth, secure the reasonable investment backed expectations of landowners, and foster cooperation between the public and private sectors in the area of land use planning; said Vested Property Rights Statute authorizes the Town to enter into development agreements with landowners providing for vesting of property development rights. H. Consistent with the Vested Property Rights Statute, Chapter 17.14 of the Municipal Code authorizes the Town to enter into development agreements with landowners and other qualified applicants providing for the vesting of property development rights. AGREEMENT NOW, THEREFORE, in consideration of the premises set forth above, the terms, conditions and covenants set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and the Town agree as follows: ARTICLE I DEFINITIONS AND GENERAL PROVISIONS 1.1 Association. Timeshare ownership association formed to manage the timeshare ownership project located on the Property. 1_2 Effective Date. The effective date of the Town Council Ordinance amending Ordinance No. 98-6, Series of 1998. 1_3 Municipal Code. The Town's Municipal Code, as in effect from time to time. 1_4 PUD. Planned unit development or PUD, as such terns are defined and used in Section 17.20.110 of the Municipal Code. 1_5 Resubdivision Plat. A plat approved by the Town authorizing a resubdivision, condominium resubdivision, planned unit development resubdivision, or time- sharing subdivision consistent with Title 16 of the Municipal Code. 1_6 Certificate of Occupancy. Certification pursuant to the Town's building codes that the premises have been completed and comply with the provisions thereof. "Certificate of Occupancy" includes any temporary certificate of occupancy. I IIIIII IIIii 11111111111 Immtan N 11111111111111111111111111 Co 209 R 66. 12/22/2084 ae°1 :44F Teak J 2 1_7 Time-share owner. A person vested with legal title to a timeshare estate in accordance with Section 38-33-110, Colorado Revised Statutes. 1.8 Time-share unit. A unit, the title to which is divided into interval estates or time -span estates in accordance with Section 38-33-110, Colorado Revised Statutes. 1.9 Time-share Amenities Fee. A consensual fee intended to mitigate the impact of a time-share subdivision, including the cost of transportation and of recreational facilities. 1.10 Employee Housing Impact Fee. A consensual fee intended to mitigate the impact of a condominium subdivision and associated facilities on employee housing needs. ARTICLE II WAIVER OF CONDITION The affordable housing condition contained in Ordinance No. 98-6, Series of 1998, and the Building Permit shall be deleted by the Town, by adoption of an amending ordinance, such amending ordinance to be effective upon occurrence of the Effective Date and Owner's compliance with the requirements of Article III hereof. ARTICLE III EXACTIONS The following exactions are intended to provide adequate facilities for the public benefit of the Town: 3.1 Timeshare Amenities Fee: Commencing as of the Effective Date and continuing in perpetuity, the Association is obligated to collect from each timeshare owner and remit to the Town a Timeshare Amenities Fee in the amount of $140.10 per year per fractional interest (defined as a 1/10th (five- week) undivided interest or timespan estate in a time-share unit), or the equivalent of $28.02 per year per weekly fractional interest if conveyed in some fractional interest other than a 1/10th interest. The Owner is exempt from the obligation for the Timeshare Amenities Fee until the first-time sale of a fractional interest. The provisions for the obligation for each timeshare owner to pay shall be a covenant running with the land and reflected accordingly on the Resubdivision Plat and Association covenants. Prior to the assignment of this Agreement to the Association pursuant to Section 6.9 hereof, the Owner shall be obligated to collect and remit any and all Timeshare Amenities Fees. II�IIRtlhI1111n1��1Y�`.e',°�':_ The amount of the semi-annual payments will be calculated according to the following formula: Number of existing or newly deeded timeshare fractional interests per semiannual period (January -June, calculated as of June 1, and July -December calculated as of December 1), multiplied by the $140.10 fee (or as adjusted by CPI -U, as defined below), divided by 2. The due dates for the semiannual payment are August 20 and February 20 for the previous semiannual calculation period. On January 1, 2006, and on the first day of each year thereafter, the amount of the fee shall be increased, but not decreased, by the percentage change from the prior year average consumer price index for All Urban Consumers for the Denver -Boulder -Greeley metropolitan area as published semiannually and appearing in the January and July issues of the CPI Detailed Report published by the Bureau of Labor Statistics (the "CPI-LP1. It shall be the duty of the Association to keep and preserve such records as are necessary to determine the amount of fees due hereunder. Such records shall be preserved for a period of three years and shall be open for inspection by representatives of the Town during regular business hours. Prior to the formation of the Association, the Owner shall have the above -referenced obligation to keep and preserve such records. If a remittance to the Town is delinquent, or the remittance is less than the full amount due, the Town shall make a written demand of the amount due and deliver or mail the same to the office of the Association. The amount properly determined to be owing shall bear interest from the due date of the remittance at the rate of one and one-half percent per month until paid. Prior to formation of the Association such written demand will be delivered to the Owner. 3.2 Assignment of Association Assessments and Lien. Owner, on behalf of the Association assigns and grants a continuing security interest in the Association's right to future income, including the right to receive common expense assessments of any kind levied pursuant to its condominium declaration, and its lien therefor, to secure payment of the Timeshare Amenities Fee. Upon default of the Association in collection and/or remittance of the Timeshare Amenities Fee and notice thereof to the timeshare owners, the Town shall have the right to directly receive common expense assessments and to foreclose the lien therefor. 3.3 Employee Housing Impact Fee. Owner shall pay to the Town, on or before issuance of a Certificate of Occupancy, the sum of $40,000, which, together with the $60,000 already deposited with the Town, shall be accepted by the 90 4 ������ 1111111111111111 IN 1111111111111111111111111111 12/22/2904 17 of4283 1:44F Took J Sloonlon Eagle. 00 209 R 66.00 0 0.00 5 Town in full satisfaction of the Employee Housing Impact Fee and any other exaction intended to mitigate the impact of the Property and the timeshare ownership project on employee housing needs, excluding the Timeshare Amenities Fee. ARTICLE IV TERM OF AGREEMENT 4.1 Term of Agreement. Owner and the Town agree that the term of this Agreement and the vested property rights established under this Agreement shall commence on the Effective Date and shall continue, unless sooner terminated pursuant to Article V hereof, until the second anniversary of the Effective Date. If a Certificate of Occupancy has not been issued by that date, this Agreement shall terminate, the Town shall be entitled to retain the cash deposit in the amount of $60,000, the Building Permit shall be cancelled and no further development shall be permitted under existing approvals. If a Certificate of Occupancy has been issued by that date, this Agreement shall continue in effect until amended or terminated by mutual agreement of the parties. 4.2 Maintaining, Active Permit. The foregoing notwithstanding, Owner shall maintain an active building permit pursuant to the current provisions of Title 15, Municipal Code, on a schedule that will result in issuance of a Certificate of Occupancy in accordance with the above provisions. Failure to maintain the permit and schedule will constitute a default under the provisions of this Agreement, causing its termination and the same consequences as are contained in Section 4.1. ARTICLE V DEFAULTS AND REMEDIES 5.1 Default by Town. A "breach" or "default" by the Town under this Agreement shall be defined as the Town's failure to fulfill or perform any material obligation of the Town contained in this Agreement. 5.2 Default by Owner. A "breach" or "default" by Owner shall be defined as Owner's failure to fulfill or perform any material obligation of Owner contained in this Agreement. 5.3 Notices of Default. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver written notice to the defaulting party of such default, at the address specified in Section 6.8, and the defaulting party shall have thirty (30) days from and after receipt of such notice to cure such default. If such default is not of a type which can be cured 901428 Page: 8 of 13 1111 IN 111111111111111111111111111 12/22/2004 61:441 reek J Slg�tw Eagle. CO 299 R .04 0 9.04 within such thirty (30) day period and the defaulting party gives written notice to the non -defaulting party within such thirty (30) day period that it is actively and diligently pursuing such cure, the defaulting parry shall have a reasonable period of time given the nature of the default following the end of such thirty (30) day period to cure such default, provided that such defaulting party is at all times within such additional time period actively and diligently pursuing such cure. 5.4 Remedies. (a) If any default under this Agreement is not cured as described above, the non - defaulting party shall have the right to enforce the defaulting party's obligation hereunder by enforcement of its rights granted by Section 3.2 hereof, including foreclosure of its lien, and/or an action for any equitable remedy, including injunction and/or specific performance, and/or an action to recover all amounts owing hereunder, including any damages. Each remedy provided for in this Agreement is cumulative and is in addition to every other remedy provided for in this Agreement or otherwise existing at law, in equity or by statute. (b) In the event of default by the Owner prior to issuance of a Certificate of Occupancy, which default is not cured as described above, this Agreement shall terminate, the Town shall be entitled to retain the cash deposit in the amount of $60,000, the Building Permit shall be cancelled and no further development shall be permitted under existing approvals. 5.5 Default Under Article IV. Any default under Article IV shall not be subject to the cure provisions hereinabove contained and shall primarily be remedied as set forth in said Article. ARTICLE VI MISCELLANEOUS 6.1 Applicable Law. Agreement shall be constructed and enforced in accordance with the laws of the State of Colorado and the relevant portions of the Municipal Code. 6.2 No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and Owner, and nothing contained in this Agreement shall be constructed as making Town and Owner joint venturers or partners. 6.3 Ex ense . Owner shall reimburse to the Town the costs and expenses, including attorney's fees associated with the preparation of, implementation of and enforcement of the terms of this Agreement. 901428 Page: 9 of 13 12/22/2@e4 01:44F Teak J Simant on Eagle, Co 289 R 66. Of 0 a." 6.4 Waiver. No waiver of one or more of the terms of this Agreement shall constitute a waiver of other terms. Nor waiver of any provision of this Agreement in any instance shall constitute a waiver of such provision in other instances. 6.5 Town Findings. The Town hereby finds and determines that execution of this Agreement is in the best interests of the public health, safety, and general welfare of the Town. 6.6 Severabiliri. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect so long as enforcement of the remaining provisions would not be inequitable to the parry against whom they are being enforced under the facts and circumstances then pertaining. 6.7 Further Assurances. Each party shall execute and deliver to the other all such other further instructions and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges under this Agreement. 6.8 Notices. Any notice or communication required under this Agreement between the Town and Owner must be in writing, and may be given either personally or by registered or certified mail, return receipt requested. If given by registered or certified mail, the same shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addresses designated below as the party to whom notices are to be sent, or (ii) five days a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail, if personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. Any party hereto may at any time, by giving written notice to the other party hereto as provided in this Section designate additional persons to whom notices or communications shall be given, and designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to that parties at their addresses set forth below: If to Town: Town of Avon Attn: Town Manager P.O. Box 975 Avon, Colorado 81620 If to Owner: CSC Land, LLC c/o Tim Barton 70 Benchmark Road, Suite 102 P.O. Box 5570 7 901428 Page: 19 of 23 12/22/2004 01:44F Avon, CO 81620 With Notice to:The Law Offices of Amber L. Severtson, P.C. Attention: Amber L. Severtson 16901 North Dallas Parkway, Suite 103 Addison, Texas 75001 6.9 "Owner" will initially refer to CSC Land, LLC, as well as any entity that subsequently acquires a fee simple interest of record in any portion of the Property as a transferee, grantee, assignee or successor of CSC Land, LLC. Notwithstanding the foregoing, the term "Owner" will not include (1) purchasers of condominium units, timeshare units, fractional interests or any other interest therein, except and to the extent that CSC Land, LLC or any of its assigns separately acquires any such unit or units or any interest therein (including any bulk purchase thereof) or (2) holders of a security interest in the Property or a portion thereof, except and to the extent that a holder of a security interest acquires any such unit or units or any interest therein through foreclosure. Following the Effective Date, upon formation of the Association, issuance of a Certificate of Occupancy, and payment of the Employee Housing Fee and all Timeshare Amenities Fees then due and payable, the Owner shall assign all remaining obligations hereunder to the Association (which shall then be deemed to be the "Owner"). 6.10 Assignments. This Agreement shall be binding upon and except as otherwise provided in this Agreement, shall inure to the benefit of the successors in interest or the legal representatives of the parties hereto. Except as specifically set forth herein, Owner shall have the right to assign, delegate or transfer all or any portion of its interests, rights or obligations under this Agreement to third parties acquiring an interest or estate in the Property, including, but not limited to, time-share owners, purchasers or long term ground lessees of individual lots, parcels, or of any improvements now or hereafter located within the Property. Provided that the Town's approval of the assignee or transferee is first obtained, an assumption or transfer providing for express assumption of any of Owner's obligations under this Agreement by its assignee or transferee shall relieve Owner of any further obligations under this Agreement with respect to the matter so assumed. The Town's approval of any such assignee or transferee shall not be unreasonably withheld or delayed. The Town approves of the assignment to and assumption by the Association of all of Owner's obligations under this Agreement following the Effective Date, upon formation of the Association, issuance of a Certificate of Occupancy, and payment of the Employee Housing Fee and all Timeshare Amenities Fees then due and payable, and the Owner shall be relieved of all liabilities and obligations hereunder upon recordation of such assignment and assumption. The Town's obligations hereunder may not be assigned or delegated without Owner's written consent, and any attempted assignment or delegation by the Town not in compliance herewith shall be null and void. Q 1111111111111111111111111111111111111 o /22/2064 e64 a t344F Task J Simonton 6.11 Counterparts. This Agreement shall be executedin multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. 6.12 Amendments and Waivers. No amendment or waiver of any provision of this Agreement, nor consent to any departure here from, shall in any event be el-_ffective unless the same shall be in writing and signed by the parties hereto, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. 6.13 No Third Party Beneficiaries. Nothing expressed or implied in this Agreement is intended or will be construed to confer upon, or give to, any legal person other than the parties, any right, remedy, or claim under or by reason of this Agreement or any covenants, terms, conditions, or provisions thereof, and all of the covenants, terms, conditions, and provisions in this Agreement by and on behalf of the parties will be for the sole and exclusive benefit of the parties. Nothing in this Agreement is intended to interfere with the agreements of the parties with third parties. IN WITNESS WHEREOF, Owner and the Town have executed this Agreement as of the date first written above to take effect as of the Effective Date. ATTEST To ]erk APPROVED AS TO FORM: 4ToAt�toMCY TOWN OF AVON, a municipal corporation of the State of Colorado WA ns mw�— i amayor im�k J�0uumwtM ue�na�aw289 R �-e;.�°13 EXHIBIT C ATTACHMENT TO APPLICATION FOR PUD AMENDMENT Gates on Beaver Creek, Lots 1 & 2, Chateau St. Claire Subdivision 1. Extension of the term of the Agreement, period of vested property rights, and outside date for issuance of a certificate of occupancy. 2. Clarification and confirmation of payment of the Employee Housing Impact Fee in the amount of $100,000 to mitigate the impact of the Property on employee housing needs. 3. Clarification and confirmation of posting a separate assurance of restoration of the Property in the amount of $250,000 in the form of a cash bond, financial bond, letter of credit or other form of assurance acceptable to the Town; which assurance shall be posted upon approval of the PUD amendment by the Town Council and shall remain posted until issuance of a certificate of occupancy. 4. Clarification of significant milestones for completion of the project and right to extend the completion of such milestones for excusable delays. Excusable delays, without limitation: (a) shall not include delays arising from failure of financial sources; (b) shall not permit indefinite extensions; and (c) shall require prompt notice of the event of delay to the Town. 5. Clarification of events of "breach" and "default" under the Agreement. Clarification of cure rights and remedies. 6. Clarification of the type of unit mix (timeshare, fractional ownership and whole ownership) and any need for recalculation of the Timeshare Amenities Fee. DMWEST 116153956 A EXHIBIT D VON O L O R A D O December 8'h, 2004 Michael Stomello Parkill-lvins 1480 Humboldt St. Denver, CO. 80218 RE: LOT 1, CHATEAU ST. CLAIRE SUBDIVISION 38390 HWY. 6 & 24 FINAL DESIGN MODIFICATIONS CONDITIONALLY APPROVED Michael: Post Once Bo.r 975 41X) Bencdnnvk Rued Aron, Colorado 81620 970.748-4tRX) 970-94V-9/39 Fav 970-845-7708 TIY On December 7's, 2004 the Town of Avon Planning and Zoning Commission approved your design modification ("Minor Project") application for the 'L'Auberge on Beaver Creek' project on Lot 1, Chateau St. Claire Subdivision with the following conditions: 1. The Commission will separately approve materials and colors after review of an on-site mock up no later than April 2004. 2. A revised landscaping plan that provides adequate detail on irrigated area and irrigation operation will be submitted to staff for final approval. Additionally, any landscaping and associated irrigation proposed on or adjacent to the walls needs to be reviewed and approved by the Engineer of Record. 3. A revised site and grading plan (legible) will be submitted that clarifies finished grading. Two -foot contour lines must be provided. 4. A signed and recorded access easement for neighboring property owner's access must be supplied to the Town with permission to grade and perform construction on the property prior to submittal of revised site/grading plan. Please refer to all comments on Memo (dated 12/2/04) from Anne Martens. 5. A Master Sign Program must be approved by the Commission prior to the issuance of any Temporary Certificate of Occupancy. 6. The engineer of record must certify that the shotcrete walls and exterior walls correlate and were constructed per the Engineer design and in their approved locations. 7. Lighting is not approved. A complete lighting plan shall be provided at the time of on-site mockup and must comply with the Town's Lighting Ordinance. 8. Colored elevations indicating the areas of proposed color and material applications must be provided no later than January 4, 2004. 9. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. If we may be of further assistance, please do not hesitate to call us at 970.748.4030 Cordially, Matt Pielstic er Community Development Cc: File: M-DR2004-59 F:IPlanning d Zoning Commi1slon6Mfeetlng Letrers12004U I 16041LI Chateau Sub FD Modtfienllow tabled.doc June 22nd, 2005 Ivans Design Group Attn: Mike Stornello 1480 Humboldt Street Denver, CO 80218 RE: Conditional Approval for Modification to Final Design of Lot 1, Chateau St. Claire Subdivision Post Office Brat 975 400 Benchmark Road Avon, Colorado 31620 970-743-4000 970-949.9119 Fax 970-345-7703 TTY Mike: On June 2151, 2005, the Town of Avon Planning and Zoning Commission reviewed the on-site moch-up for the above referenced project. As you will recall, this was a condition of approval to the approved final design. The following items are concerns and/or recommended changes requested by the Commission to the material and color as depicted on the moch-up. Prior to proceeding with any of the approved changes, you must first address the concerns of the Commission. Replace the 7/16" Hardyboard fascia with a minimum of 3/4" textured fascia; • Provide a secondary roof material, one suggestion was the use of metal; • Roof fascia and soffit a minimum of/4" scored Hardyboard; • All wood deck material to be rough -sawn; • Concerns with water -base stain; • All copper down spouts and gutters to be bronze; • Yellow color on bottom not approved, proved alternative color to approved at a later date. Should you have any questions or would like additional information please don't hesitate to contact me directly at 970.748.4009. Kind Regards, ric Heidemann Senior Planner Cc: File EXHIBIT E AMENDED AND RESTATED DEVELOPMENT AGREEMENT • FOR THE GATES ON BEAVER CREEK (formerly Chateau St. Claire) THIS DEVELOPMENT AGREEMENT (this "Agreement") 4Am made and entered into as of 2004 a Effective Date (defined below) by and between CSC Land, LLC, a Colorado Limited Liability Company (as more specifically defined below, the "Owner") and the Town of Avon, a municipal corporation of the State of Colorado (the "Town") and is hereby amended restated in its entirety by the Owner and the Town as of . IDOL to remain et't'ectiye as of the Effective Date. RECITALS: A. Owner is a limited liability company, duly organized and in good standing under the laws of the State of Colorado. B. Owner owns a parcel of real property described as Lots 1 and 2, FINAL PLAT OF CHATEAU ST. CLAIR SUBDIVISION — PUD, according to the plat thereof filed June 18, 1987 in Book 729 at Page 742, Eagle County, Colorado (" the Property"). C. By Ordinance No. 98-6, Series of 1998, the PUD Development Plan and Development Standards for the Property were approved, subject to the condition that deed -restricted affordable housing or employee units be included in the development in an amount equal to ten percent of the hotel, residential or timeshare units. D. Building Permit No. C -BP -2002-17, reissued on March 5, 2004 ("the Building Permit"), contained the conditions that 1) a Deed Restriction and Employee Housing Agreement be submitted for approval prior to issuance of a Certificate of Occupancy and 2) a letter of credit in the amount of $60,000 be retained by the Town until such time as the site is restored to the Town's satisfaction or a Certificate of Occupancy is issued. E Owner has -deposited cash in the amount of $60,000, in lieu of a letter of credit, which, in addition to a nriur deposit of 540.0ft such total deposit has been accepted and will be retained by the Town to be used as a credit toward the Employee Housing Impact Fee hereinafter provided for. �.F. The Town is new willing te dek4eAL=QLd1nag&C No. 04-20. Series o 2004. the Town deleted the affordable housing condition from Ordinance No. 98-6, the PUD Development Plan and Development Standards and from the nMWEST M83343085B31411[9 v1 0 L Building Permit, in exchange for Owner's agreement to certain exactions and other conditions, hereinafter set forth. id7 KrimIvKrul 11":I<Si<I , G. The legislature of the State of Colorado adopted Sections 24-65-101, et sea. Colorado Revised Statutes (the "Vested Property Rights Statute") to provide for the establishment of vested property rights in order to ensure reasonable certainty, stability and fairness in the land use planning process and in order to stimulate economic growth, secure the reasonable investment backed expectations of landowners, and foster cooperation between the public and private sectors in the area of land use planning; said Vested Property Rights Statute authorizes the Town to enter into development agreements with landowners providing for vesting of property development rights. H. Consistent with the Vested Property Rights Statute, Chapter 17.14 of the Municipal Code authorizes the Town to enter into development agreements with landowners and other qualified applicants providing for the vesting of property development rights. AGREEMENT NOW, THEREFORE, in consideration of the premises set forth above, the terms, conditions and covenants set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and the Town agree as follows: ARTICLE I DEFINITIONS AND GENERAL PROVISIONS 1_1 Association. Timeshare ownership association formed to manage the timeshare ownership project located on the Property. OMWEST 46243866$$14188 v1 2 1_2 Effective Date. The effective date of the Town Council Ordinance amending Ordinance No. 98-6, Series of 1998. 1_3 Municipal Code. The Town's Municipal Code, as in effect from time to time. 1_4 PUD. Planned unit development or PUD, as such terms are defined and used in Section 17.20.110 of the Municipal Code. 1_5 Resubdivision Plat. A plat approved by the Town authorizing a resubdivision, condominium resubdivision, planned unit development resubdivision, or time- sharing subdivision consistent with Title 16 of the Municipal Code. 1_6 Certificate of Occupancy. Certification pursuant to the Town's building codes that the premises have been completed and comply with the provisions thereof. "Certificate of Occupancy" includes any temporary certificate of occupancy. 1_7 Time-share owner. A person vested with legal title to a timeshare estate in accordance with Section 38-33-110, Colorado Revised Statutes. 1_8 Time-share unit. A unit, the title to which is divided into interval estates or time -span estates in accordance with Section 38-33-110, Colorado Revised Statutes. 1_9 Time-share Amenities Fee. A consensual fee intended to mitigate the impact of a time-share subdivision, including the cost of transportation and of recreational facilities. 1.10 Employee Housing Impact Fee. A consensual fee intended to mitigate the impact of a condominium subdivision and associated facilities on employee housing needs. ARTICLE II WAIVER OF The affordable housing condition contained in Ordinance No. 98-6, Series of 1998, and the Building Permit shell—beg deleted by the Town, by adeptien of an /lTT1E1___ Fla 1r..'^_ __, _____ _____._____o ... EffeetiN,e Date _a 8S of the Effective Date. DMWEST k833i8f;6lait4199 v1 this amended and restated Agreement and Owner's compliance with the its „r Af4io a NI 1.........r Section 3.4 below ARTICLE III EXACTIONS The following exactions are intended to provide adequate facilities for the public benefit of the Town: 3.1 Timeshare Amenities Fee: Commencing as of the Effective Date and continuing in perpetuity, the Association is obligated to collect from each timeshare owner and remit to the Town a Timeshare Amenities Fee in the amount of $140.10 per year per fractional interest (defined as a 1/10t1 (five- week) undivided interest or timespan estate in a time-share unit), or the equivalent of $28.02 per year per weekly fractional interest if conveyed in some fractional interest other than a 1/10'h interest. The Owner is exempt from the obligation for the Timeshare Amenities Fee until the first-time sale of a fractional interest. The provisions for the obligation for each timeshare owner to pay shall be a covenant running with the land and reflected accordingly on the Resubdivision Plat and Association covenants. Prior to the assignment of this Agreement to the Association pursuant to Section 6.9 hereof, the Owner shall be obligated to collect and remit any and all Timeshare Amenities Fees. The amount of the semi-annual payments will be calculated according to the following formula: Number of existing or newly deeded timeshare fractional interests per semiannual period (January -June, calculated as of June 1, and July -December calculated as of December 1), multiplied by the $140.10 fee (or as adjusted by CPI -U, as defined below), divided by 2. The due dates for the semiannual payment are August 20 and February 20 for the previous semiannual calculation period. On January 1, 2006, and on the first day of each year thereafter, the amount of the fee shall be increased, but not decreased, by the percentage change from the prior year average consumer price index for All Urban Consumers for the Denver -Boulder -Greeley metropolitan area as published semiannually and appearing in the January and July issues of the CPI Detailed Report published by the Bureau of Labor Statistics (the "CPI -U"). It shall be the duty of the Association to keep and preserve such records as are necessary to determine the amount of fees due hereunder. Such records shall DMWEST #63UG66B3MIM v1 be preserved for a period of three years and shall be open for inspection by representatives of the Town during regular business hours. Prior to the formation of the Association, the Owner shall have the above -referenced obligation to keep and preserve such records. If a remittance to the Town is delinquent, or the remittance is less than the full amount due, the Town shall make a written demand of the amount due and deliver or mail the same to the office of the Association. The amount properly determined to be owing shall bear interest from the due date of the remittance at the rate of one and one-half percent per month until paid. Prior to formation of the Association such written demand will be delivered to the Owner. 3.2 Assignment of Association Assessments and Lien. Owner, on behalf of the Association assigns and grants a continuing security interest in the Association's right to future income, including the right to receive common expense assessments of any kind levied pursuant to its condominium declaration, and its lien therefor, to secure payment of the Timeshare Amenities Fee. Upon default of the Association in collection and/or remittance of the Timeshare Amenities Fee and notice thereof to the timeshare owners, the Town shall have the right to directly receive common expense assessments and to foreclose the lien therefor. T 33 -Employee Housing Impact Fee. Owner shell-peyhe� to the TownT oft of before issuanee of a Get4i fie * of r.,........._,... the sum of $4000G,j QQQ which, together with the $60,000 already deposited with the Town, shell-beia accepted by the Town in full satisfaction of the Employee Housing Impact Fee and any other exaction intended to mitigate the impact of the Property and the timeshare ownership project on employee housing needs, excluding the Timeshare Amenities Fee. ARTICLE IV TERM OF AGREEMENT 4.1 Term of Agreement. Owner and the Town agree that the term of this Agreement and the vested property rights established under this Agreement DMWEST #6aVt06§83141N vt 5 shall commence on the Effective Date and shall continue, unless sooner terminated pursuant to Article V hereof, until the seeendLomak anniversary of the Effective Date. If a Certificate of Occupancy has not been issued by that date, this Agreement shall terminate, the Town shall be entitled to retain-Ehe Building Permit shall be cancelled and no further development shall be permitted under existing approvals. The Employee Housing Impact Fee shall remain fully satisfied and the Owner (includin¢ any successor or If a Certificate of Occupancy has been issued by that date, the Restoration Bond shall be released to the Owner and this Agreement shall continue in effect until amended or terminated by mutual agreement of the parties. 4,Z, 4Maintaining Active Permit. The foregoing notwithstanding, Owner shall maintain an active building permit pursuant to the current provisions of Title 15, Municipal Code, on a sehedulethat i" resultin issuemee of _ """"ieate 4.3 ARTICLE V DEFAULTS AND REMEDIES DMWEST S3L41B9A 5.1 Default by Town. A "breach" or "default" by the Town under this Agreement shall be defined as the Town's failure to fulfill or perform any material obligation of the Town contained in this Agreement. 5.2 Default by Owner. A "breach" or "default" by Owner shall be defined as Owner's failure to fulfill or perform any material obligation of Owner contained in this Agreement. 5.3 Notices of Default. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver written notice to the defaulting party of such default, at the address specified in Section 6.8, and the defaulting party shall have thirty (30) days from and after receipt of such notice to cure such default. If such default is not of a type which can be cured within such thirty (30) day period and the defaulting party gives written notice to the non -defaulting party within such thirty (30) day period that it is actively and diligently pursuing such cure, the defaulting party shall have a reasonable period of time given the nature of the default following the end of such thirty (30) day period to cure such default, provided that such defaulting party is at all times within such additional time period actively and diligently pursuing such cure. 5.4 Remedies. (a) If any default under this Agreement is not cured as described above, the non - defaulting party shall have the right to enforce the defaulting party's obligation hereunder by enforcement of its rights granted by Section 3.2 hereof, including foreclosure of its lien, and/or an action for any equitable remedy, including injunction and/or specific performance, and/or an action to recover all amounts owing hereunder, including any damages. Each remedy provided for in this Agreement is cumulative and is in addition to every other remedy provided for in this Agreement or otherwise existing at law, in equity or by statute. (b) h, thea evef;s of de fo It by the O.. ne f prior- to issuanee-e4U a Certificate of Occupancy, ' " a ° " :9 net etwea as a,.seribed ..,.eve is not issued on or before fourth anniversary of the Effective Date, this Agreement shall terminate, the Town shall be entitled to retain the Buildine Permit shall be cancelled and no further development shall be permitted under existing approvals. 5.5 Default Under Article IV. Any default under Article IV shall not be subject to the cure provisions hereinabove contained and shall primarily be remedied as set forth in said Article. DMWEST 4631f8®683141Bfl vt 7 ARTICLE VI MISCELLANEOUS 6.1 Applicable Law. Agreement shall be constructed and enforced in accordance with the laws of the State of Colorado and the relevant portions of the Municipal Code. 6.2 No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and Owner, and nothing contained in this Agreement shall be constructed as making Town and Owner joint venturers or partners. 6.3 Expenses. Owner shall reimburse to the Town the costs and expenses, including attorney's fees associated with the preparation of, implementation of and enforcement of the terms of this Agreement. 6.4 Waiver. No waiver of one or more of the terms of this Agreement shall constitute a waiver of other terms. Nor waiver of any provision of this Agreement in any instance shall constitute a waiver of such provision in other instances. 6.5 Town Findings. The Town hereby finds and determines that execution of this Agreement is in the best interests of the public health, safety, and general welfare of the Town. 6.6 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect so long as enforcement of the remaining provisions would not be inequitable to the party against whom they are being enforced under the facts and circumstances then pertaining. 6.7 Further Assurances. Each party shall execute and deliver to the other all such other further instructions and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges under this Agreement. 6.8 Notices. Any notice or communication required under this Agreement between the Town and Owner must be in writing, and may be given either personally or by registered or certified mail, return receipt requested. If given by registered or certified mail, the same shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addresses designated below as the party to whom notices are to be sent, or (ii) five days a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail, if personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. Any party hereto may at any time, by giving written DMWEST #63?3966$3141H l A 9 11 notice to the other party hereto as provided in this Section designate additional persons to whom notices or communications shall be given, and designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to that parties at their addresses set forth below: If to Town: Town of Avon Attn: Town Manager P.O. Box 975 Avon, Colorado 81620 If to Owner: CSC Land, LLC c/o Tim Barton . -gene Tw�rr+sras4nir.L P.O. .Avsfi, CO 81620 One . i I:I Valley Vieff LAM 16901 NeAh-Dallas Par4way, Suite 104 .4 d-dissa, Texas 759"252.14 6.9 "Owner" will initially refer to CSC Land, LLC, as well as any entity that subsequently acquires a fee simple interest of record in any portion of the Property as a transferee, grantee, assignee or successor of CSC Land, LLC. Notwithstanding the foregoing, the term "Owner" will not include (1) purchasers of condominium units, timeshare units, fractional interests or any other interest therein, except and to the extent that CSC Land, LLC or any of its assigns separately acquires any such unit or units or any interest therein (including any bulk purchase thereof) or (2) holders of a security interest in the Property or a portion thereof, except and to the extent that a holder of a security interest acquires any such unit or units or any interest therein through foreclosure. Following the Effective Date, upon formation of the Association, issuance of a Certificate of Occupancy, and payment of the Employee Housing Fee and all Timeshare Amenities Fees then due and payable, the Owner shall assign all remaining obligations hereunder to the Association (which shall then be deemed to be the "Owner"). 6.10 Assignments. This Agreement shall be binding upon and except as otherwise provided in this Agreement, shall inure to the benefit of the successors in interest or the legal representatives of the parties hereto. Except as specifically set forth herein, Owner shall have the right to assign, delegate or transfer all or any portion of its interests, rights or obligations under this Agreement to third parties acquiring an interest or estate in the Property, including, but not DMWEST#Ga4- 6831Atee v1 limited to, time-share owners, purchasers or long term ground lessees of individual lots, parcels, or of any improvements now or hereafter located within the Property. Provided that the Town's approval of the assignee or transferee is first obtained, an assumption or transfer providing for express assumption of any of Owner's obligations under this Agreement by its assignee or transferee shall relieve Owner of any further obligations under this Agreement with respect to the matter so assumed. The Town's approval of any such assignee or transferee shall not be unreasonably withheld or delayed. The Town approves of the assignment to and assumption by the Association of all of Owner's obligations under this Agreement following the Effective Date, upon formation of the Association, issuance of a Certificate of Occupancy, and payment of the Employee Housing Fee and all Timeshare Amenities Fees then due and payable, and the Owner shall be relieved of all liabilities and obligations hereunder upon recordation of such assignment and assumption. The Town's obligations hereunder may not be assigned or delegated without Owner's written consent, and any attempted assignment or delegation by the Town not in compliance herewith shall be null and void. 6.11 Counterparts. This Agreement shall be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. 6.12 Amendments and Waivers. No amendment or waiver of any provision of this Agreement, 'nor consent to any departure here from, shall in any event be effective unless the same shall be in writing and signed by the parties hereto, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. 6.13 No Third Party Beneficiaries. Nothing expressed or implied in this Agreement is intended or will be construed to confer upon, or give to, any legal person other than the parties, any right, remedy, or claim under or by reason of this Agreement or any covenants, terms, conditions, or provisions thereof, and all of the covenants, terms, conditions, and provisions in this Agreement by and on behalf of the parties will be for the sole and exclusive benefit of the parties. Nothing in this Agreement is intended to interfere with the agreements of the parties with third parties. IN WITNESS WHEREOF, Owner and the Town have executed this Agreement as of the date first written above to take effect as of the Effective Date. TOWN OF AVON, a municipal corporation of the State of Colorado DMWEST #6319A655314tB9 v1 10 Mayor ATTEST Town Clerk APPROVED AS TO FORM: Town Attorney DMWEST #6244666�19]H8 A 11 STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) Subscribed before me this day of 2004, by Ron Wolfe as Mayor and Patty McKenny as Town Clerk of Town of Avon, a municipal corporation of the State of Colorado. My Commission Expires: Notary Public DMWEST #63:196653141B , A 12 CSC LAND, LLC. a Colorado limited liability comoanv Bv! Manager STATE OF C-01 ^SD A&G-1�Aa- )ss. COUNTY OF BAGI.E HARRiS ) Subscribed before me this day of 200gym BaAeft, as Maaaging2005 by Timothy -L. Barton c Manager of JNU129 W ct LLC, company. My Commission Expires: of CSC Land, LLC, a Colorado Notary Public OMWEST #634796§B3141Bfl v1 13 DMWEST#6311085 163 4Mvl 14 EXHIBIT F MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD SEPTEMBER 13, 2005 A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council members present were Debbie Buckley, Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes and Tamra Underwood. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Patty McKenny, Assistant Town Manager Jacquie Halburnt, Finance Director Scott Wright, Police Chief Jeff Layman, Town Engineer Norm Wood, Public Works / Transit Director Bob Reed, and Community Development Director Tambi Katieb, as well as members of the press and public. Approval of Agenda Mayor Wolfe asked that the following items be added to Unfinished Business (from the work session agenda): update on the Eagle River Enhancement Project and River In -channel Diversions. Disclosure of Potential of Conflict of Interest Town Attorney John Dunn noted that it was not necessary to discuss this topic. Citizen and Community Input Presenters Jeanne McQueeney and Sharon Thompson addressed the Council with regard to the Eagle County Early Childhood Initiative that was sponsored by seed money from Eagle County. They noted the mission of the initiative and a meeting taking place on 9/23/05 to provide another update to the community and that an action plan would be reviewed next spring. John Evans, representative from East West Partners, submitted a letter addressing their comments related to Ordinance No. 05-11, amending Title 17 of Avon's Code. Their main concern is that no properties are likely to be built that would fit the proposed definition of an "accommodation unit", (in terms of the square footage) and the exclusion of the "cook top", yet allowing for a "hot plate". He expressed several reasons why they would prefer the square footage of a unit to be closer to 600 sq. ft. as related to the market demanding larger units, and the difficulty to obtain financing for projects that include the smaller units. Ordinances Community Development Director Tambi Katieb presented Ordinance No. 05-11, Series Of 2005, on first reading, An Ordinance Amending Title 17, Municipal Code of the Town Of Avon, as it relates to the Definition of Use, Accommodation Unit, Kitchen and Adding a Definition for Efficiency Kitchen Zoning Amendments. He reviewed the memo included in council's packet and noted that in their staff review, these amendments to the zoning code were drafted to try to address outdated or unclear zoning definitions. He explained how these amendments would impact density calculations. He presented the recommendations made by the Planning & Zoning Commission, i.e. reduction of the maximum size of the accommodation unit to 400 sq. ft from 600 sq. ft, and the exclusion of the use of a "cook top" from efficiency kitchen. Town Attorney John Dunn noted that these definitions would only be used in Title 17 related to zoning. Mayor Wolfe opened the public hearing. No further comments were made from the public other than above comment made during citizen input from John Evans. The public hearing was closed. Further council deliberation took place on the density calculation and how it impacts zoning, the use of a "cook top", definition of "kitchen and efficiency kitchen", the allowable square footage and water rights calculations based on the density calculations; several scenarios and the impacts of these definitions were outlined and discussed. Mayor Wolfe moved to approve on first reading Ordinance No. 05-11, Series Of 2005, An Ordinance Amending Title 17, Municipal Code of the Town Of Avon, as it relates to the Definition of Use, Accommodation Unit, Kitchen and Adding a Definition for Efficiency Kitchen Zoning Amendments with the following revisions: ✓ Specifically allow for 600 sq. ft. in the definition of "accommodation unit", ✓ Definition of "efficiency kitchen" means a portion of a room, that may contain a sink, refrigerator, dishwasher, microwave oven, cook top, wet bar or similar facility but expressly not a stove, or oven, within an accommodation unit or dwelling. Stub outs for natural gas, propane or 200V electric hook ups are not allowed. Councilor Buckley seconded the motion and it passed unanimously with a roll call vote. Resolutions Town Engineer Norm Wood presented Resolution No. 05-33, Series of 2005, A Resolution Approving and Accepting the Traer Creek Metropolitan District Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for The,Village (at Avon) Filing 1 and Establishing Warranty Period for District Portion of the Public Improvements, Village at Avon, Filing 1, Acceptance of Improvements and Beginning of Warranty Period. He noted that Traer Creek Metro District has submitted all required documentation for approval and acceptance of the District Improvements required by the SIA for the Village at Avon, Filing 1. The improvements consisted of all streets, roads, bridges, walkways, drainage facilities and utilities required to access & serve Filirig 1. It was noted that this resolution approves and accepts the District improvements and establishes the warranty period in conformance with the SIA as well as allows the release of collateral required during construction with any warranty work on the District's improvements secured by an existing Maintenance Bond dated July 20, 2004, issued to TCMD in the amount of $885,000 in accordance with the SIA. Discussion ensued about the different types of bonds / escrows held on this project. Mayor Pro Tem Underwood continued to have difficulty accepting the engineer's opinion of project conformity; a point that has been discussed at earlier meetings, again it was noted that the language is acceptable within the engineering profession. Councilor Buckley moved to approve Resolution No. 05-33, Series of 2005, A Resolution Approving and Accepting the Traer Creek Metropolitan District Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for The Village (at Avon) Filing 1 and Establishing Warranty Period for District Portion of the Public Improvements, Village at Avon, Filing 1, Acceptance of Improvements and Beginning of Warranty Period. Councilor Phillips seconded the motion and it passed unanimously with a roll call vote. Town Engineer Norm Wood presented Resolution No, 05-34, Series Of 2005, A Resolution Approving the Amended Final Plat for Lot 15, Block 4, A Resubdivision of Lots 13, 14, 15, Wildridge, Town of Avon, Eagle County, Colorado, 5684 Wildridge Road East. He noted that this amended plat was a minor request in order to vacate a utility and drainage easement that extends through the center of the subject property. Councilor Sipes moved to approve Resolution Approving the Amended Final Plat for Lot 15, Block 4, A Resubdivision of Lots 13, 14, 15, Wildridge, Town of Avon, Eagle County, Colorado. Councilor McDevitt seconded the motion and it passed unanimously with a roll call vote. New Business Transit Director Bob Reed presented an Intergovernmental Agreement with the Town of Minturn for Vehicle Maintenance. He noted that this agreement runs through the end of 2005 and will need to be renewed at this time, and with a renewal may include a new shop rate. Councilor Regular council Meeting Page 2 of 5 September 13, 2005 Buckley moved to approve this agreement with the Town of Minturn. It was noted that this motion requires a 2/3 vote of the Council for approval. Councilor -Sipes seconded the motion and it passed unanimously with a roll call vote. Other Business Community Development Director Tambi Katieb presented the request from two Planning & Zoning members, Jim Buckner and Christy D'Agostino who are moving away from Avon, to continue their tenure on the commission. Discussion ensued about the pros and cons of releasing these two members or not based on the ability to recruit new people quickly, and if new people were able to become quickly acquainted with all the pending projects before the P&Z Commission. A review of the recently adopted criteria was made and some members suggested waiting to replace the members until next May. Councilor Buckley moved to immediately recruit two new members to the P&Z Commission with the appropriate skills that live within the Town limits, and only extend the current members until that can be done, with registered electors has the first priority. Councilor McDevitt seconded the motion and it failed with a three to four vote (Buckley, McDevitt, Phillips yea; Ferraro, Sipes, Underwood, Wolfe nay). Councilor Ferraro moved to permit Jim Buckner & Christy D'Agostino to stay on P&Z Commission until Council interviewed new candidates in May 2006, and encouraged them to apply at that time. Councilor Sipes seconded the motion and it passed with a four to two vote (Buckley, McDevitt nay). Mayor Wolfe asked that Community Development Director Katieb relay their message to the two members, thanking them for the participation and skills they bring to the commission. Unfinished Business Town Attorney John Dunn presented the topic for discussion related to the Gates at Beaver Creek. It was noted that CSC Land, LLC, developer of the Gates project, was in default of the Development Agreement entered into in December 2004, for failure to maintain an active building permit on a schedule that would result in issuance of a certificate of occupancy within two years of the "Effective Date" of the agreement, or two years after the effective date of Ordinance No. 04.20, approving the agreement, finally adopted on 12/14/04. He noted that at the 8/23/05 Council meeting, Tim Barton, CSC, Land, LLC, asked Council to direct staff to reissue the foundation wall inspection report, confirming that the building permit has not been cancelled and the Development Agreement was not in default. Council directed staff to then schedule the topic for consideration for this meeting, with a request to the developer to provide financial information as to the present condition of CSC and submit a new construction schedule that would result in issuance of a certificate of occupancy within the time period required by the Development Agreement. The financial information was reviewed at the Executive Session held earlier that day; a new construction schedule was not submitted, but rather the attorney requested a "reasonable' extension to the Development Agreement "to reflect excusable delays and adjustments to the project construction schedule". Dunn noted that an extension would require an amendment to the Development Agreement; such an amendment would have to be a part of an amendment to the existing PUD approval. CSC Land, LLC representatives at the meeting included once again Tim Barton, and representing attorney, Christopher Payne with Ballard Spahr Andrews & Ingersoll, LLP as well as a number of investors of the project, including primary investor Pieter Van Der Hammen. Christopher Payne addressed the Council reiterating the request on behalf of CSC Land, LLC and noting the following three assurances as follows: 1. Financial commitment to proceed with construction commitment 2. Offer to provide additional restoration assurances, $250K cash bond, letter of credit 3. Proceeding with a proposal to amend the development agreement with the construction schedule, through a PUD amendment Regular Council Meeting Page 3 of 5 September 13, 2005 Discussion ensued about they type of assurances the Council would require prior to reinstating the building permit. A dialogue took place on how the timing of the activities needs to roll out and interact with each other, approval of funding, application for a PUD amendment, etc. Mayor Wolfe suggested that continued discussion evolve into some business points of what council wants to accomplish, such as the following: ✓ Plan to reinstate the building permit for "x" days contingent on 2) & 3) ✓ Demonstrate binding financing for 100% of the financing, and contingent on 3) ✓ Submit a revised / amended PUD & Development agreement with the following elements, new completion date, clarification of units to built and applicable amenities fees involving financial analysis, clarification o the $100K affordable housing impact, pay for any additional legal & financial costs related to those revisions, post an additional $250K restoration bond, and require construction schedule that outlines deadlines for certain milestones for construction. ✓ Outline realistic communication strategies between the two parties At this time Council Sipes called to question "shall we entertain an extension of the Gates project?" With a polling of the Council by Mayor Wolfe, four members stated yes (Buckley, Phillips, Sipes, McDevitt), two members stated no (Ferraro, Underwood). Further discussion ensued on the suggested business points above and how the PUD rolls out. It was agreed that some of the above items be outlined in a Memo of Understanding ("MOU"), specifically identifying the business points for consideration between the two parties to be added to the next Council meeting agenda. Councilor Sipes moved to extend the building permit for the project, otherwise known as the Gates at Beaver Creek, for 90 days, during that period no construction is allowed to commence until several business points, as discussed earlier, are outlined and these business points will be outlined in a memo of understanding ("MOU") to be discussed and agreed to at the next regularly scheduled council meeting. Should that WOU" not get ratified or any of those points outlined in it, not get ratified, the building permit will again expire immediately. Councilor Buckley seconded the motion. Also included in the motion, per the Town Attorney, is that CSC Land, LLC be current with respect to reimbursement to the Town of costs & expenses, including attorney's fees associated with the ongoing implementation of this agreement without regard to the outcome of what is going on. Councilor Sipes agreed to include this condition in the motion; Councilor Buckley seconded. A roll call vote was taken and the motion passed with a five to one vote (Underwood nay). Unfinished Business Mayor Wolfe presented an update to the Eagle River Enhancement Project, status of applying for a river in -channel diversion. The recommendation from the group of water attorneys who met was to work in a consolidated fashion with Eagle County. Discussion ensued about the timing of filing an application (this year or waiting to see court results on other applications), how this type of endeavor would be paid for and how much (estimated at $300K), and who would participate in the application process. It was also noted that the majority of the design work has been completed on the "Bob the Bridge" portion of the water park. Suggestions were made to join two groups committed to water issues, i.e. NWCCOG's water quality group as well as the Colorado Water Education Foundation. In summary, there was consensus on the following items to inform the Eagle County Commissioner's of Avon's action as follows: Complete engineering with Riverrestoration.org ✓ Budget monies to file RICD, either alone or with the County, if the County agrees to move forward with a RICD as well, unless there is a new viewpoint the Colorado Water Conservation Board. ✓ Request that County's engineering selection be contingent upon that engineering group Regular Council Meeting Page 4 of 5 September 13, 2005 agreeing to incorporate Avon's engineering work, and not to reject the work that has already been completed ✓ And finally, confirmation from the Town's Water Attorney to move forward with the RICD application this year or not. Town Manager Report Town Manager Larry Brooks presented his memo addressing the Buffalo Ridge Affordable Housing Project. After reviewing the documents and all information related to this topic, and for the record he recommended that the Town do nothing to intervene in this situation. He noted that the housing developer was currently working on options to resolve the cash flow problems. Some discussion ensued about the financials included in the packet and the allocations used between the non-profit units vs the market units. Jamie Fitzpatrick, Corum Real Estate Group, answered questions related to the allocations, these allocations were adjusted based on the prorata share of the units, so an adjustment of $15K would be made for BRAHC. Town Attorney Report Town Attorney John Dunn noted that Jackson & Company had filed suit against the Town for the recently adopted ordinance related to short term rentals in Wildridge. A hearing date had not yet been set. Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor Sipes moved to adopt the consent agenda: Councilor Ferraro seconded the motion and it passed unanimously. a. Minutes from August 23, 2005 Regular Council Meeting & Liquor Board Meeting b. Renewal of 3.2% Beer Retail License (Off premises) for Suncor Energy Sales, Inc. d/b/a Phillips 66, 0046 Nottingham Road c. Renewal of 3.2% Beer Retail License (Off premises) for City Market #26, 0260 Beaver Creek Place d. Renewal of 3.2% Beer Retail License (On -Premise) for Pizza Hut of Avon, 40 Nottingham Road There being no further business to come before the Council, the meeting adjourned at 8:45 PM. APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe RESE TFULLYS BMITTED: Patty M Ke ny, To rk Regular Council Meeting Page 5 of 5 September 13, 2005 MINUTES OF THE SPECIAL (REGULAR) MEETING OF THE AVON TOWN COUNCIL HELD SEPTEMBER 26. 2005 A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council members present were Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes and Tamra Underwood. Debbie Buckley was absent. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Patty McKenny, Assistant Town Manager Jacquie Halburnt, Finance Director Scott Wright, Police Chief Jeff Layman, Town Engineer Norm Wood, Public Works / Transit Director Bob Reed, and Community Development Director Tambi Katieb, as well as members of the press and public. Approval of Agenda Mayor Wolfe asked that the request for funding from the Vail Valley Foundation be moved to citizen input and the items related to Roundabout 4 on the consent calendar be moved to "unfinished business". Disclosure of Potential of Conflict of Interest Town Attorney John Dunn noted that it was not necessary to discuss this topic. Citizen and Community Input Ceil Folz, VVF, presented their request for funding for both the Birds of Prey, World Cup event to be held the first week of December and the STARS program sponsored by the Vilar Center. Ordinances Community Development Director Tambi Katieb presented Ordinance No. 05-11, Series Of 2005, on second reading, An Ordinance Amending Title 17, Municipal Code of the Town Of Avon, as it relates to the Definition of Use, Accommodation Unit, Kitchen and Adding a Definition for Efficiency Kitchen Zoning Amendments. He reviewed the memo included in council's packet and noted that in their staff review, these amendments to the zoning code were drafted to try to, address outdated or unclear zoning definitions. A few comments were made and discussed related to the definition of accommodation unit & dwelling unit. Mayor Wolfe opened the public hearing. No further comments were made from the public. The public hearing was closed. Councilor Ferraro moved to approve on second reading Ordinance No. 05-11, Series Of 2005, An Ordinance Amending Title 17, Municipal Code of the Town Of Avon, as it relates to the Definition of Use, Accommodation Unit, Kitchen and Adding a Definition for Efficiency Kitchen Zoning Amendments with the following revisions: ✓ Section 2 "Accommodation Unit" - An accommodation unit may include only an efficiency kitchen. Each accommodation unit shall be counted as one-third (1/3) of a dwelling unit for purposes of calculation allowable units per acre accept as set forth in Section 17.08.270. Councilor Sipes seconded the motion and it passed unanimously with a roll call vote (Buckley absent). Resolutions Jacquie Halburnt, Asst. Town Manager, presented Resolution No. 05-35, Series of 2005, A Resolution supporting the Eagle County November ballot issue prohibiting smoking in all enclosed public places, including bars and restaurants. She noted that this legislation supports Eagle County's November ballot issue regarding smoking in public places; and that if Eagle County's ballot issue passes, and the majority vote in the Avon precinct is in favor of the ban, Avon will enact similar legislation. Discussion ensued about whether or not to encourage the Avon voter to vote in support of the measure. Mayor Pro Tem Underwood moved to approve Resolution No. 05-35, Series of 2005, A Resolution supporting the Eagle County November ballot issue prohibiting smoking in all enclosed public places, including bars and restaurants with the following change: 1. Bottom paragraph, first page — sentence ends with "qualified electors to vote on the measure. Councilor Phillips seconded the motion and it passed unanimously with a roll call vote (Buckley absent). Police Chief Jeff Layman presented Resolution No. 05-36, Series of 2005, Resolution to Designate the National Incident Management System (NIMS) as the basis for all Incident - Management in the Town of Avon. Allows Town of Avon and other public agencies to communicate effectively in the event of a disaster, a common doctrine to policies, procedures, and terminology. He noted that other jurisdictions have adopted the plan and he made a brief review of what happens in the event of a disaster. Councilor Ferraro moved to approve Resolution No. 05-36, Series of 2005, Resolution to Designate the National Incident Management System (NIMS) as the basis for all Incident Management in the Town of Avon. Councilor Sipes seconded the motion and it passed unanimously with a roll call vote (Buckley absent). Unfinished Business Town Attorney John Dunn presented the Memo of Understanding ("MOU") between the Town and CSC Land, LLC. He reviewed the document, noting some of the history and what the parties agreed to and that the PUD application has not yet been submitted. Discussion ensued on several topics related to the following: ✓ At what time the $250K Bond would be required to be paid to the Town, now or later ✓ Exactly what happens to the site at this time ✓ What does the $100K apply to, the affordable housing element or site restoration ✓ The fee related to the PUD application covering staff review time ✓ Whether or not to include the winterization site work specifications in the "MOU" There was some discussion about asking the Town Attorney to make the changes and then forward to Council via email. However, after a voice vote and some further staff comments, it was decided a roll call vote would be in order at this time. Councilor Sipes moved to approve the Memorandum of Understanding between the Town of Avon and CSC Land, LLC with the following amendments to be made to the "Understanding of Parties" section: 1. Paragraph 2, include "agreement entered into at the sole and absolute discretion of the Town Council", 2. Paragraph 2, include "what critical items need to be satisfied, i.e. the sureties in place, . guarantee of funding, modified PUD has been approved by the Town Council", 3. Paragraph 4, include, "per the last inspection and backfill the entire site with soil to protect the footings from winter conditions", 4. Paragraph 5, include "make payment to the town attorney within 30 days of invoicing", Mayor Wolfe seconded the motion and it passed with a three to two vote (McDevitt, Phillips, Sipes yea; Ferraro, Underwood nay; Buckley absent). Regular Council Meeting Page 2 of 4 September 26, 2005 Tambi Katieb, Community Development Director, presented a synopsis of the Main Street Public Improvements Project — Financial & Market Overview "Check In". Design Workshop representatives present were Don Ensign and Chris Kiley. Council comments made addressed some of the following topics: ✓ Consultants should approach council as "venture capitalists", or as the developer, ✓ What does the critical mass look like? ✓ Identify the assumptions and themes of the project, and explain why, ✓ What is the retail potential? ✓ Draft a pro forma of the project Don Ensign provided overview comments related to the planning process, and Chris Kiley reviewed the content areas of the business plan. Further discussion ensued and Design Workshop was asked to return to the next meeting with a "scope of work" focused on understanding the retail, critical mass and composition of the development, before continuing any further work on the design of the project. New Business Norm Wood presented a Proposal for Redesign of Roundabout 4 from Ourston Roundabout Engineering and a Mapping Proposal from Inter -Mountain Engineering, Ltd. Mayor Pro Tem Underwood agreed that an update on the mapping is in order, but would request that further research be conducted on maximizing pedestrian capacity and connectivity throughout this area. Underwood indicated that designing this area is of the utmost importance and vital to Avon's future. Council indicated that they would prefer not to move forward on either item, and asked staff to re -address this topic, taking into consideration people / pedestrians as more of a focus. It was noted that the Comprehensive Plan includes completing this type of study as a priority; it was indicated that it was budgeted in 2006. The new pedestrian streetlight was currently being installed at this time. Town Attorney Report Town Attorney John Dunn presented an update on the status of lawsuit regarding the Wildridge short-term rentals, hearing set for October 7`". He also introduced his associate, Elizabeth Pierce — Durance, who will serve as the prosecuting attorney for Avon's Municipal Court (replacing Inga Causey). And finally he reminded everyone of the Public Utilities Commission hearings taking place the next two days addressing the request for two new at -grade crossing to connect the confluence with Avon. Future Agenda Items: Suggestions were made from Mayor Wolfe to schedule discussions about two topics, 1) Possible NWCCOG Presentation of County Demographics and 2) Possible Review of Accessory Dwelling Units and Lock -offs. Council was amicable to those discussions in the near future. Councilor Ferraro asked that Council revisit the Resolution supporting Referendum C&D. Councilor Ferraro moved to pass a resolution, that both Eagle County & CML have adopted, to support Referenda C&D. Discussion ensued about whether or not unanimous approval would be required. Comment was made that the Charter did not require a unanimous vote on items. Councilor Sipes seconded the motion. Mayor Wolfe presented reasons why not to support this ballot measure & Councilor Ferraro provided reasons why the voters should support the measure. The motion passed unanimously with a roll call vote (Buckley absent). Regular Council Meeting Page 3 of 4 September 26, 2005 Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor Sipes moved to adopt the consent agenda; Councilor McDevitt seconded the motion and it passed unanimously (Buckley absent). a. Minutes from September 13, 2005 Regular Council Meeting b. Service Agreement with Western Eagle County Ambulance District There being no further business to come before the Council, the meeting adjourned at 8:30 PM. 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Box 30848 • Albuquerque, NM 87190 Mr. Tambi Katieb Director of Community Development Town of Avon Post Office Box 975 Avon, CO 81620 Re: Work Session Dear Mr. Katieb, Thank you the input related to our proposed upscale hotel on the Folson property. We look forward to further discussing the project on November 1. Following is additional information requested: PROJECT DESCRIPTION: General - upscale hotel with 150 total guestrooms - 181 total parking spaces - two room suites featuring a parlor and bedroom Exterior - mountain lodge style - steep roofs with slate roofing - heavy timber trusses and log design throughout - other materials include stone, glass and stucco - three, four, five and six stories that break up fagade and follow existing contours - face of building will "jog" in and out to create more interest - several rooms will feature balconies Interior - stylish mountain d6cor with inspiration from natural elements of the landscape - oversized guest bathrooms with upscale fixtures and granite tops - wet bars - ceilings with a nine foot internal height - many rooms will'feature fireplaces - luxurious carpets - distressed wood - ceiling fans - pillow top mattresses, duvets and high thread count sheets either plasma or LCD televisions (two per guestroom) high-speed Internet CD and DVD players spa services for guests indoor pool with hot tub Fitness center for guests Business Center 3,000 square feet of meeting space including a boardroom Meeting space will have state of the art audio/visual equipment Small restaurant and bar for guests and to serve the meeting space Room service Four story atrium Ski and bicycle storage ACCESS — additional information to be provided separately by Inter -Mountain Engineering WATER — per discussion with Mr. Frank Haslee of the Eagle River Water & Sanitation District on October 21, 2005; water from the Upper Eagle Water Authority is available for the project at a cost to us. We have reviewed the Town of Avon Comprehensive Plan (Draft Version). We strongly believe our proposed hotel project meets the objectives of the Comprehensive Plan for the Folson tract. Further, the creation of an adjacent park also fulfills a goal of the Comprehensive Plan to have new developments incorporate recreational amenities. The proximity of the project's site from the Town of Avon Core will allow our hotel guests to help energize the area. While we anticipate most of our guests will make the 5 to 10 minute scenic walk to the Town Core, we will also provide shuttle service for those guests desiring more convenience. The hotel will provide population to greatly enhance the revenues of businesses located in the Town Core. This will provide significant financial economic benefits to the Town, in addition to the related hotel tax revenues. As you know, we recently completed the River Terrace Inn (www.riverterraceinn.com) and Restaurant Budo (www.restaurantbudo.com) in Napa, CA. We invite the Town Manager and your department to visit this project and meet with members of the Napa community. The assembled team and I look forward to continuing to work with you on this exciting new project in Avon. Very truly yours, ff&v.4 " " Robert Gustin Managing Member Gustin Property Group LLC Toy.... District Planning Principles F1 Strep slope Roundabout ®I Vehicular and Pedestrian Crossing Regional [ommprCidl NOdE ougnm nm ioxele. �/n�_�� V \ li m District 9: Village at Avon North Gateway District The Village at Avon North Gateway District is primarily a high- quality residential neighborhood. It is intended to provide for residential development, a large community park, and potential regional commercial at the intersection of I-70 and Post Road. A new northern frontage road being developed through this district will provide an important east -west connector on the north side of I-70 linking Post Boulevard and Avon Road. The district is highly visible from 1-70 and thus presents a strong influence on Avon's identity. Additionally, the area will serve as the gateway to the Village at Avon Residential Northern Residential District. The existing Buffalo Ridge residential development is relatively isolated from other community commercial and service areas. The elevated topography on either side of I-70 offers the possibility to construct a pedestrian overpass that would directly link this area with the Village at Avon East and West Districts. 912111101" Town of Avon Comprehensive Plan V Q N Page 52 Town District Planning Prin—. ,les Planning Principles: • Site buildings to maximize sun exposure, protect views, and break up building bulk. • Provide east -west pedestrian and bicycle routes. • Encourage additional informal landscaping of properties to soften the visual impact of the large structures. • Protect view corridors, ridgelines, and steep slopes from development. • Encourage quality architecture to provide a positive gateway experience to the community. Town of Avon Comprehensive Plan Page 53 Z Q J a W N Z W a O v z 0 LL0 z 0 H m rF o 0 O a y v `% y ❑ ❑ o` ❑ a v c < c c � oci❑v ca`O o o O NFo�� A v o c ° x o r'v r'vi v a di .c r. 6e < y v t; L _N N_ N_ N L u Y Y z a J om Z O LL r-, a O 9 v� q M 0 y 0 O A 0 - S E J o D y 2 _ i t October 24, 2005 PY GROUP LLc P.O. Bax 30848 • Albuquerque, NM 87190 Mr. Tambi Katieb Director of Community Development Town of Avon Post Office Box 975 Avon, CO 81620 Re: Work Session Dear Mr. Katieb, Thank you the input related to our proposed upscale hotel on the Folson property. We look forward to further discussing the project on November 1. Following is additional information requested: PROJECT DESCRIPTION: General - upscale hotel with 150 total guestrooms - 181 total parking spaces - two room suites featuring a parlor and bedroom Exterior - mountain lodge style - steep roofs with slate roofing - heavy timber trusses and log design throughout - other materials include stone, glass and stucco - three, four, five and six stories that break up fagade and follow existing contours - face of building will "jog' in and out to create more interest - several rooms will feature balconies Interior - stylish mountain decor with inspiration from natural elements of the landscape - oversized guest bathrooms with upscale fixtures and granite tops - wet bars - ceilings with a nine foot internal height - many rooms will feature fireplaces - luxurious carpets - distressed wood - ceiling fans - pillow top mattresses, duvets and high thread count sheets either plasma or LCD televisions (two per guestroom) high-speed Internet CD and DVD players spa services for guests indoor pool with hot tub Fitness center for guests Business Center 3,000 square feet of meeting space including a boardroom Meeting space will have state of the art audio/visual equipment Small restaurant and bar for guests and to serve the meeting space Room service Four story atrium Ski and bicycle storage ACCESS — additional information to be provided separately by Inter -Mountain Engineering WATER — per discussion with Mr. Frank Haslee of the Eagle River Water & Sanitation District on October 21, 2005; water from the Upper Eagle Water Authority is available for the project at a cost to us. We have reviewed the Town of Avon Comprehensive Plan (Draft Version). We strongly believe our proposed hotel project meets the objectives of the Comprehensive Plan for the Folson tract. Further, the creation of an adjacent park also fulfills a goal of the Comprehensive Plan to have new developments incorporate recreational amenities. The proximity of the project's site from the Town of Avon Core will allow our hotel guests to help energize the area. While we anticipate most of our guests will make the 5 to 10 minute scenic walk to the Town Core, we will also provide shuttle service for those guests desiring more convenience. The hotel will provide population to greatly enhance the revenues of businesses located in the Town Core. This will provide significant financial economic benefits to the Town, in addition to the related hotel tax revenues. As you know, we recently completed the River Terrace Inn (www.riverterraceinn.com) and Restaurant Budo (www.restaurantbudo.com) in Napa, CA. We invite the Town Manager and your department to visit this project and meet with members of the Napa community. The assembled team and I look forward to continuing to work with you on this exciting new project in Avon. Very truly yours, ff&,,, Robert Gustin Managing Member Gustin Property Group LLC October 24, 2005 ry GROUP «c. Mr. Tambi Katieb Director of Community Development Town of Avon Post Office Box 975 Avon, CO 81620 Re: Work Session Dear Mr. Katieb, P.O. Box 30848 • Albuquerque, NM 87190 Thank you the input related to our proposed upscale hotel on the Folson property. We look forward to further discussing the project on November 1. Following is additional information requested: PROJECT DESCRIPTION: General upscale hotel with 150 total guestrooms 181 total parking spaces two room suites featuring a parlor and bedroom Exterior - mountain lodge style - steep roofs with slate roofing - heavy timber trusses and log design throughout - other materials include stone, glass and stucco - three, four, five and six stories that break up fagade and follow existing contours - face of building will "jog" in and out to create more interest - several rooms will feature balconies Interior - stylish mountain decor with inspiration from natural elements of the landscape - oversized guest bathrooms with upscale fixtures and granite tops - wet bars - ceilings with a nine foot internal height - many rooms will feature fireplaces - luxurious carpets - distressed wood - ceiling fans - pillow top mattresses, duvets and high thread count sheets either plasma or LCD televisions (two per guestroom) high-speed Internet CD and DVD players spa services for guests indoor pool with hot tub Fitness center for guests Business Center 3,000 square feet of meeting space including a boardroom Meeting space will have state of the art audio/visual equipment Small restaurant and bar for guests and to serve the meeting space Room service Four story atrium Ski and bicycle storage ACCESS — additional information to be provided separately by Inter -Mountain Engineering WATER — per discussion with Mr. Frank Haslee of the Eagle River Water & Sanitation District on October 21, 2005; water from the Upper Eagle Water Authority is available for the project at a cost to us. We have reviewed the Town of Avon Comprehensive Plan (Draft Version). We strongly believe our proposed hotel project meets the objectives of the Comprehensive Plan for the Folson tract. Further, the creation of an adjacent park also fulfills a goal of the Comprehensive Plan to have new developments incorporate recreational amenities. The proximity of the project's site from the Town of Avon Core will allow our hotel guests to help energize the area. While we anticipate most of our guests will make the 5 to 10 minute scenic walk to the Town Core, we will also provide shuttle service for those guests desiring more convenience. The hotel will provide population to greatly enhance the revenues of businesses located in the Town Core. This will provide significant financial economic benefits to the Town, in addition to the related hotel tax revenues. As you know, we recently completed the River Terrace Irm (www.riverterraceinn.com) and Restaurant Budo (www.restaurantbudo.com) in Napa, CA. We invite the Town Manager and your department to visit this project and meet with members of the Napa community. The assembled team and I look forward to continuing to work with you on this exciting new project in Avon. .I Very truly yours, ff,�r�" , Robert Gustin Managing Member Gustin Property Group LLC �� ,� N y � ro N P.. � w o o N N � bA N a 0 on a .._,