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
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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
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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
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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. (Planning & Zoning CommimiontResolulions110051Res 05-13 Chute" St. Claire ameudmeal.do
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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
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Ordinance No. 04-20 Chateau St. Claire PUD Amend
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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.
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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
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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.
APPROVED:
Debbie Buckley
Kristi Ferraro
Mac McDevitt
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe
RE"ECTF L Y SUBMITTED:
1 c
Patty cl' nny, n Clerk
Regular Council Meeting Page 4 of 4
September 26, 2005
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October 24, 2005
rY GROUP LLC P.O. 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�_��
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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
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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
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