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PZC Packet 011706
�, Town of Avon Planning & Zoning Commission AvToMeeting N January 17, 2006 R " ° 0 Meetings Held At: Avon Town Council Chambers Meetings are open to the public Avon Municipal Building / 400 Benchmark Road 5:00 - 5:30 pm Work Session Discussion of Regular Meeting Agenda Items. Open to the Public. - REGULAR MEETING AGENDA - I. Call to Order: 5:30 pm II. Roll Call III. Additions and Amendments to the Agenda IV. Conflicts of Interest V. Consent Agenda: A. Approval of the December 6, 2005 Planning & Zoning Commission Meeting Minutes. B. Approval of the December 20, 2005 Planning & Zoning Commission Meeting Minutes. VI. PUD Amendment / Confluence (5:35pm - 8:00pm) CONTINUED 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. This item was tabled from the December 20, 2005 Planning and Zoning Commission meeting. VII. Other Business (8:00pm - 8:15pm) A. New Community Development Department staff member: GIS Planning Analyst VIII. Adjourn (8:15pm) Posted on Januaryl3, 2006 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 htto://www.avon.orci / Please call (970) 748.4030 for directions 4a tiN 00 Town of Avon Planning & Zoning Commission Meeting Minutes AvTo N December 6, 2005 c oo an 0 I. Call to Order The meeting was called to order at 5:35 pm. II. Roll Call All Commissioners were in attendance with the exception of Commissioner D'Agostino and Commissioner Evans. III. Additions and Amendments to the Agenda There were no additions and amendments to the Agenda. IV. Conflicts of Interest Commissioner Buckner revealed a conflict of interest with Item VII, Final Design Plan - Ritsch Complex, Property Location: Lot 12, Block 2, Benchmark at Beaver Creek Subdivision/540 West Beaver Creek Boulevard. V. Consent Agenda: • Approval of the November 15, 2005, 2005 Planning & Zoning Commission Meeting Minutes. Commissioner Green motioned for approval of the Consent Agenda and Commissioner Struve seconded the motion. Motion passed unanimously with Commissioner Buckner abstaining due to his absence from the meeting. 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. The application is requested to be tabled until December 20, 2005. Eric Heidemann revealed that this item was continued from the November 15`", 2005, Planning and Zoning Commission Meeting and since that day, no information has been received by the Applicant to include in the packet or to prepare a report for the Commission. John Evans, East West Resorts, approached the podium to address questions raised at the last meeting. Items discussed were employee housing, Development Plan and development standards by lot, parking and the Walker Parking Consultants recommendations, and building heights. Commissioner Struve queried a continuous foundation on Lot 6a and Commissioner Green questioned encroachments. Commissioner Buckner asked about Beaver Creek employees and their use of this facility. S4 Chuck Madison, East West Resorts, approached the podium to comment that parking was not intended for day skiers and that alternatives would develop as the Village at Avon develops. He also mentioned that Vacation Ownership was the least developed aspect of this project. No public comment was offered. OPEN PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Struve motioned to table Item VI, PUD Amendment / Confluence, Property Location: Confluence/95 Avon Road, Applicant: East West Resorts /Owner: Vail Associates, to the December 20`", 2005, Planning and Zoning Commission Meeting. Commissioner Buckner seconded the motion and it passed unanimously. VII. Final Design Plan - Ritsch Complex Property Location: Lot 12, Block 2, Benchmark at Beaver Creek Subdivision/540 West Beaver Creek Boulevard Applicant: Scott Nevin - Davis Partnership Architects /Owner: Daniel Ritsch Description: The applicant, Davis Partnership Architects, is proposing a Final Design application for a 10 unit multi -family project on West Beaver Creek Boulevard. The proposal includes a single structure with a combination of surface and below ground structured parking. As proposed, all minimum zoning requirements have been adhered to with this proposal and the applicant has addressed many of the Commission's prior concerns with the design of this project. Matt Pielsticker presented the Staff Report to the Commission and introduced several letters received regarding tabling this Agenda Item to the December 20"', 2005, Planning and Zoning Commission Meeting as well as neighboring Buck Creek Condominium Association's drainage concerns. Scott Nevin, Davis Partnership Architects, came to the podium to comment that a complete project submittal was provided to Staff. Mr. Nevin reviewed the revisions made in the current submittal with its reduction in the number of units from its permitted density, strong consideration to view corridors in the new design, relief was implemented on the west side of the site, ridgeline adjustments were made per Commission suggestion, staging was being worked on with Staff, lighting issues would be dealt with Staff and drainage was mitigated to the south of the site and not onto adjacent properties. Commissioner Green questioned the number of owners and/or neighbors who were contacted. Daniel Ritsch, project owner, responded that all were contacted and only one choose to meet. Commissioner comment and review discussed roofing materials on the west elevation, use of a civil engineer with Mr. Nevin responding that there are 2 landscape architects and a civil engineer on his staff have worked on this project, moving of the sanitation unit to the road, new architecture more appealing, suggestion to vary stain colors, and thanks was extended to the applicant for their responsiveness to Commission Sketch Design application suggestions. Commissioner Savage motioned for approval of Item VII, Final Design Plan - Ritsch Complex, Property Location: Lot 12, Block 2, Benchmark at Beaver Creek Subdivision/540 West Beaver Creek Boulevard, for a 10 unit multiple family project, to include Staff Recommendations and the following additions: 1) an acceptable engineer drainage report. Commissioner Green seconded the motion and it passed unanimously. VIII. Sign Applications A.. Valley Automotive Property Location: Lot 37, Block 1, Benchmark at Beaver Creek Subdivision/140 Metcalf Road Applicant: Monte Park - Sign Design /Owner., Alan Wigod Description: The applicant, Monte Park from Sign Design, is proposing an eight (8) foot freestanding sign on this Metcalf Road property. The sign is unlit and would allow for up to six individual tenant sign panels attached to the aluminum poles that support the sign. Matt Pielsticker presented the Staff Report to the Commission. Monte Parks, Sign Design, approached the podium for Commissioner review. Commission discussion included nature of the lettering; type of paint would be a polyurethane; coloring designation by tenants; difficulty with the site/landscaping plan; concern with vinyl lettering and the coordination of the lettering; uniformity of the sign; 8 foot height was too tall, 6 feet would be more acceptable; and a monument would be more permanent. Commissioner Struve motioned to table Item VIII, Sign Applications, A, Valley Automotive Property Location: Lot 37, Block 1, Benchmark at Beaver Creek Subdivision/140 Metcalf Road, until the Applicant has time to discuss project with Planning Staff. Commissioner Savage seconded the motion and it passed unanimously with the Commission. B. Mountain Center & Self Storage Property Location: Lot 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision/910 Nottingham Road Applicant. Monte Park - Sign Design /Owner: Lund Group Description: This is a Master Sign Program Application for the Mountain Center building on Nottingham Road. The sign program contemplates signs for the entire property including: internally lit box type cabinets on the street side of the project, aluminum tenant panels on the north elevation, and one externally lit building identification sign mounted to the back side of a trash enclosure at the southeast entrance to the property. Matt Pielsticker presented the Staff Report. Commissioner Savage questioned the Design Review Guidelines regarding cabinet signs. Mark Donaldson, Victor Mark Donaldson Architects, came to the podium to discuss the signage. Mr. Donaldson began that the number of signs was in correlation to the number of tenant bays and that cabinet signs were appropriate and easy to change as tenant changes occur. Visibility of the signage from the interstate highway was a paramount concern for the applicant. Monte Parks, Sign Design, mentioned that the lighting under the awnings was for public safety on the walkways. Commissioner discussion included concern for the background on the signs; standard graphics for empty sign areas; differentiation of signage for bay and top tenants; prevention of selling signage to others and agreement that rear tenants were entitled to signage as well. Calculations on signage square footages were performed. Commissioner Struve motioned to approve Item VIII, Sign Applications, B, Mountain Center & Self Storage, Property Location: Lot 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision/910 Nottingham Road, with the following conditions: • Signage square footage not to exceed 480 square feet to include the monument sign and south facing sign. ■ Size of lower signs not to exceed 2' X 12' and upper sign size not to exceed 2' X 8'. • Background signs in a muted non-white color. • Sign size of 8 square feet on north side to be unlit. • Sign is not in use by a tenant, a standard default would avail. ■ Unused sign, either by vacated tenant or choice not to use, a default sign to be used would be opaque with staff approval. • Changes incorporated into the program. • Condition 2 of the staff report. Commissioner Savage seconded the motion and all commissioners were in favor. Motion passed unanimously. IX. Other Business A. The judging for the Holiday Lighting Contest will be held on Monday, December 19'. B. Comprehensive Plan Update The Comprehensive Plan will be heard again by Town Council on December 1S at which time prioritization of issues will be encourage as well as the attendance of the Planning and Zoning Commission. C. Revised Fee Schedule is scheduled to go before Town Council. D. Lot C Joint Work Session Requested for December 20, 2005 Lot C withdrew their application at Town Council and has requested a Joint Work Session with the Planning and Zoning Commission for 12/20/05 for 4:00 pm. The regular Planning and Zoning Commission Meeting Work Session will begin at 5:00 pm as usual on that day. E. The Gates at Beaver Creek project will again be presented to Town Council at the December 1 S meeting. Financial consultant, Stan Bernstein, revealed disparity with the economic numbers for this project and economic advantage for the Town would be with units being time-share instead of condominium units. F. Park improvements in the Wildridge Subdivision were discussed. VIII. Adjourn Commissioner Struve motioned to adjourn. All Commissioners were in favor. The meeting was adjourned at 8:05 pm. Respectfully submitted, Ruth Weiss Recording Secretary 14 I APPROVED: Terry Smith Vice Chairman Phil Struve Secretary 4 Town of Avon Planning & Zoning Commission Meeting �D L D R^ wqow H' V U u Minutes D D December 20, 2005 Joint Work Session with Avon Town Council • Lot C PUD Amendment The Joint Work Session began at 4:40 pm with each member of Town Council in attendance, and Commissioners Smith, Commissioner Struve, and Commissioner Green of the Avon Planning and Zoning Commission. Ruth Borne, representing Starwood, and Aleksandr Sheykhet of Obermeier Sheykhet Architecture, provided the presentation. Discussion items included: o Timeshare and room rates, and industry standards o Occupants use of commercial/retail o Lot 4 o Parking and parking approaches o Phase 1 D footprint o Property tax assessments versus square footage o Entitlements o Heights and massing on primary portions of project o Review and evaluation of proposed changes versus the original PUD I. Call to Order The meeting was called to order at 5:50 pm. II. Roll Call All Commissioners were in attendance with the exception of Commissioner Savage and Commissioner Buckner. III. Additions and Amendments to the Agenda There were no additions and amendments to the Agenda. IV. Conflicts of Interest There were no conflicts of interest to report. V. Consent Agenda: • Approval of the December 6, 2005, Planning & Zoning Commission Meeting Minutes has been moved to the January 3rd, 2006, Meeting due to lack of quorum at this meeting. For the record, Commissioner Green brought to the attention of the Commission his involvement with a subsidiary organization of East West Partners in order to clarify any potential conflict of interest that may arise. Commissioner Evans revealed a contract with East West Partners for the Beaver Creek Landing and the lack of potential for the upper gondola to be rolled into the Confluence project. U VI. PUD Amendment / Confluence - CONTINUED 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. This item is tabled until the January 3, 2006 Planning and Zoning Commission meeting. OPEN PUBLIC HEARING Eric Heidemann advised the Commission of the need to table this agenda item to the January 3`tl, 2006 meeting since the applicant was unable to submit the Development Plan in time for Staff review to take place. CLOSED PUBLIC HEARING Commissioner Smith motioned to table Item Vl, PUD Amendment / Confluence Property Location: Confluence/95 Avon Road, Applicant., East West Resorts / Owner: Vail Associates, with Commissioner Struve seconding the motion. All commissioners were in favor and the motion passed 5 — 0. VII. PUD Amendment / Wildridge - PUBLIC HEARING Property Location: Lot 44 & 45, Block 4, Wildridge Subdivision / 5123 & 5129 Longsun Lane Applicant: Sam Ecker /Owners: Sam Ecker, Bruce & Susan Baca Description: A request for an amendment to the Wildridge PUD to allow for three (detached) single-family residences in place of a two duplex structures. This amendment would permanently reduce the density for the properties by one dwelling unit. A new lot would be created for the third single-family residence and the vehicular access to the new lot would be accessed from Wildridge Road East. Also being reviewed is a Preliminary Subdivision application. Matt Pielsticker presented the Staff Report to the Commission. Sam Ecker took his place at the podium and presented the Commission with a full size plan set for their review while he revealed the history of the project. Mr. Ecker than discussed the issues presented in the Staff Report. Commissioner Green questioned the vacation of the property line and commented that a 40% slope is discouraged but not un -allowed. Commissioner Struve commented on the Lot 44B driveway alignment to the buildable site and commented that the Dry Creek and Western Sage PUD's were to downsize triplex lots. Commissioner Green questioned access and Commissioner D'Agostino commented that a more restrictive setback lot would be created. OPEN PUBLIC HEARING There were no comments offered from the Public. CLOSED PUBLIC HEARING r, Commissioner review began with Commissioner D'Agostino's concern for drainage on 3 sides, the need for clarification of setbacks, appreciated the research presented on the utilities and its easements and voiced a low concern regarding the driveway. Commissioner D'Agostino agreed with Staff that this application would set a precedent. Commissioner Smith voiced site concerns with subdivision of the lot in this manner and its site disturbance as well as driveway issues. Commissioner Struve commented on the need to limit square footage, present a drainage study, and restrict the positioning onthe lot created. Commissioner Green wasn't concerned about recreating as a duplex lot, discussed drainage, and a need for serious consideration to the building envelope. Commissioner Evans expressed that a pro side was the home would benefit the adjacent property owner on Lot 44A. He continued with the con items; the homeowners on Longsun Lane chose to build on upside of lots, no reduction of density, a precedent would be set since a downzone has never been done in this manner and it is not in the best interests of Avon or Wildridge. Commissioner Evans commented to Mr. Ecker that the role Planning and Zoning Commission plays is not a final ruling or voice for Avon Town Council. He continued that Town Council is the deciding body on this project and typically not in support of rezoning. Commissioner Smith motioned to approve the denial as presented by Staff of Item VII, PUD Amendment / Wildridge, Property Location: Lot 44 & 45, Block 4, Wildridge Subdivision / 5123 & 5129 Longsun Lane, with Commissioner Struve seconding the motion. The motion passed 5 — 0 with all Commissioners in favor. VIII. Sketch Design - Duplex Property Location: Lot 10, Block 3, Wildridge Subdvision/4010 Wildridge Road West ApplicantlOwner. Daniel Ritsch Description: The applicant is proposing a 9,400 square foot duplex residence on the subject property. The property is a relatively steep uphill lot located at the intersection of Bear Trap and Wildridge Road. The proposed materials include stone veneer, cedar siding, and asphalt shingles. Eric Heidemann presented the Staff Report. Daniel Ritsch approached the podium and gave history of the architects on this project and that retaining walls would be necessary for the driveway. Stuart Brummett came to the podium as the new architect for the project to discuss parking issues, vehicle turning radius problem, and the retaining walls. Commissioner comments began with Commissioner D'Agostino suggesting moving the house down, and the parking and turn around issues. Commissioner Evans commented that the architecture was vastly improved, suggested pines as buffers to the retaining walls, and continued review of the site. Commissioner Green commended Mr. Brummett on the positioning of the project, along with the rusting steel and the buffer was good, and questioned landscaping and the revegetation of the site. Commissioner Struve voiced appreciation for issues, the driveway and its spaces, and expressed the difficulty of the lot and that the architecture, the need to address drainage landscaping concerns. Commissioner Smith the corrugated metal siding was too much. Commissioner D'Agostino recognized the difficulty of the lot and looked forward to the development of its detail. Mr. Brummett asked of the Commission the required number of parking spaces and Commissioner Green responded that it was fine as presented. No motion necessary as this is a sketch review. IX. Sign Design - Master Sign Program Amendment Property Location: Lot 68, Block 1, Benchmark at Beaver Creek/111 Swift Gulch Road ApplicantlOwner George Roberts Description: The Master Sign Program (MSP) for the Petro -Hut building was approved on May 20, 2003. This application proposes an additional building mounted sign on the east side of the building (facing the 1-70 off ramp) and a larger monument sign. The originally approved monument sign was never constructed and this application proposes to enlarge this specific sign. Matt Pielsticker presented the Staff Report. He continued that a new tenant desired more exposure and the Conoco Corporation has a new design look to instate. Commissioner Struve expressed the need for a site visit. Commissioner Smith questioned the additional two feet to the monument sign. Commissioner Green asked for a better site plan that included landscaping. Commissioner Evans agreed that a site visit would be beneficial to the Commission. Commissioner Struve motioned to table Item IX, Sign Design - Master Sign Program Amendment, Property Location: Lot 68, Block 1, Benchmark at Beaver Creek/111 Swift Gulch Road, until January 3, 2005, for a site visit with the monument designation and size in place for Commissioner review. Commissioner Smith seconded the motion and the motion passed with all Commissioners in favor of the site visit. XI. Other Business A. Wildridge Park Improvements — Eric Heidemann provided the Commission with details of the improvements. B. Commissioner Green commented that three-dimensional plans and/or models should be provided for such projects as Lot C and the Main Street Plan. C. Commissioner Struve suggested a sketch up of the Town of Avon be acquired from Design Workshop VIII. Adjourn Commissioner Struve motioned to adjourn. All Commissioners were in favor. The meeting was adjourned at 8:05 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Chris Evans Chairman Phil Struve Secretary Staff Report PUD AMENDMENT AVON C O L O R A D O January 17"., 2006 Planning & Zoning Commission meeting Report date December 31St, 2005 Project type Mixed -Use Planned Unit Development (PUD) Amendment Legal description The Confluence PUD ("Westin Riverfront Subdivision") Current zoninq PUD Address 0095 Avon Road Introduction East West Partners has requested a major amendment to the Confluence PUD, a 19 acre site south of Avon's western Town Center along the Eagle River, and the proposal has been reviewed in detail by both staff and the Commission over a period of several meetings (see attached reports), with each meeting focused on specific areas of the land use proposal. The proposal is best summarized as a new recreational resort consisting of a Westin hotel, spa and wellness facility, a pedestrian retail plaza, timeshare and whole ownership condominiums and an enhanced river front park, connected to Town Center West across the railroad corridor via pedestrian and auto crossings and to Beaver Creek Landing via a high speed gondola. After six months of review of this major project and allowing the applicant to respond and adjust the proposal in certain areas as a result of our review, this report reviews the proposed PUD development Plan- the guiding land use document for the project- and forwards a recommended action by staff to the Planning Commission, and subsequently, to Town Council. It is noted by staff that after a lengthy review process, the applicant should be commended for their effort to provide the Town with a PUD plan that largely reflects the requests of both staff and the Commission. The process has been very interactive and, for a project of this magnitude, it is staff's observation that only a limited number of land use and design issues remain that require further clarification and resolution. The PUD development plan constitutes the guiding PUD development document for this land use proposal and therefore should be closely examined during Commission review. The development plan should reflect the following: The development standards proposed in the original August 3, 2005 application and those areas mutually agreed to be amended as a result of deliberation through the Commission process, such as increased setbacks, lot specific building heights, view corridor and public ways, lot coverage, and general lot layout. Town of Avon Community Development (970) 748.4030 Fax (970) 949-5749 The Confluence PUD- Amendment to the 1998 PUD approval January 17, 2006 Planning & Zoning Commission meeting Page 2 of 20 2. Specific land uses within the project, including special review and temporary uses, and minimum architectural design standards to meet the intent of the proposal submitted by the developer. Additionally, a final development agreement will reference the PUD development plan as the guiding zoning document, as well as set forth any financial agreements between the Town and the Developer. It will also specify the term of the agreement and the phasing required. The Commission's review began with a defined list of review topics suggested by staff, continued with a review of the applicant's response at subsequent hearings, and a review of the plans compliance to all the required findings. This report will summarize the application as finally proposed, how the application has addressed the areas reviewed by staff and the Commission, and how the detailed PUD development plan is intended to guide the project through build -out. In addition, the application and approval criteria for both the Preliminary Subdivision and Subdivision Variance that accompany the PUD are discussed in a separately attached staff report and your recommendation will include a motion on these items. Staff has also included a memo submitted by the Town attorney summarizing the status of financial considerations and business points under discussion for the revised development agreement. However, the final vesting and financial considerations with respect to funding for the project are subject to Council review and approval. The development agreement should not alter, in any significant way, the land use plan and design standards that the Commission recommends approval for, but instead reflect the level of capital funding partnership and project vesting that the elected officials of the Town feel meet the public interest. Should any material change in land use or design result from Council deliberations, staff will recommend remanding the entire plan back to the Commission for reconsideration. Following a recommendation from the Commission, it is anticipated that the project will require several meetings with Town Council before a final decision on the application is rendered. Staff Recommendation: Staff recommends CONDITIONAL APPROVAL of the proposed PUD Amendment application, as specified in Resolution 06-01, subject to conditions outlined below. This recommendation is based upon the following: (1) the proposed application meets and/or advances not only the goals and policies of the 1996 Comprehensive Plan and the Avon Town Center Implementation Plan, but also a more extensive list of recently developed goals and policies of the 2005 Draft Comprehensive Plan, as described in further detail in the findings of this report; (2) the proposed development plan offers significant long term public benefits that are a result of the changed zoning, as described in further detail in the findings of this report. Staff recommends the Commission adopt the following conditions for approval: 1. Required revisions to the Development Plan: A. Delete General Notes 7a, 7b, and 7c, and revise as follows: A sixty (60) foot view corridor through the public plaza adjacent to the proposed hotel as depicted on the development plan and the final plat for the Riverfront Subdivision shall remain unobstructed from the ground level upwards, providing that minor encroachments such as awnings, landscaping, overhangs, decks and railings shall be reviewed and may be approved through the design review approval process. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 The Confluence PUD- Amendment to the 1998 PUD approval January 17, 2006 Planning & Zoning Commission meeting Page 3 of 20 B. Delete General Note #1 and revise as follows: No more than 10% of total linear frontage on the public plaza, based on the total linear building frontage on the plaza easement as defined on the subdivision plat and PUD development plan, shall be used for office space, including financial institutions, real estate or other professional offices. Additionally, no residential units are permitted on the ground level of the public plaza. C. Revise the public plaza easement to run the entire length of building frontage of the hotel and timeshare west building, and at a minimum width of 60 feet. D. Add the following general note: The development standards for the Riverfront PUD shall be outlined below. Other development standards and zoning provisions of the Town of Avon Zoning Code not specifically addressed below, or in the related development agreement, shall apply to the Riverfront PUD. E. Add the following note: A solar access study showing the effects of shading on adjacent buildings and outdoor spaces is required for all proposed buildings exceeding 3 stories in height. Sun studies should be prepared on a site plan of a scale not less than 1"=40' showing shadows at 10 am and 3pm on March 21, June 21, September 21, and December 21. F. The maximum building height shall be as follows: i. Hotel —130 feet at the highest ridge point ii. Timeshare - 100 feet at the highest ridge point iii. Whole Ownership — 65 feet at the highest ridge point, 55 feet for lot 6 and lot 7. iv. In all instances, the maximum allowable percentage of a building ridgeline to be at or near the maximum height shall be governed by the more restrictive criteria of the Riverfront Desion Standards and the Town of Avon Design Review Guidelines. G. Final approval of this PUD Development plan is conditioned upon approval of site specific design standards ("Riverfront Design Standards") by the Planning and Zoning Commission and Town Council, incorporated on the PUD Development Plan and recorded at the time of approval of the PUD. The criteria, at a minimum, shall include design elements as outlined in Exhibit A to Resolution 06- 01. 2. Parking Conditions: A. The required parking ratio for the whole ownership portion of the development shall be as follows: 1 space per bedroom, 2 spaces maximum per unit. B. Eliminate the Office Parking category at 4/1000 GLFA and add Office parking to the Standard Commercial Category. C. Delete General Note #8 and revise as follows: A parking management plan, generally consistent with recommendations outlined in the Walker Preliminary Parking Operations Plan dated December 5, 2005 shall be submitted and, after review and approval by the Zoning Administrator, be recorded as a covenant prior to the issuance of Certificate of Occupancy. The approved plan shall not be changed without notification of the Town, and shall be enforceable by the Zoning Administrator. room of Avon Community Development (970) 748.4030 Fax (970) 949.5749 The Confluence PUD- Amendment to the 1998 PUD January 17, 2006 Planning & Zoning Commission mi 3. General Conditions: 4 of 20 A. Water Rights: The property owner shall convey to the Town the water rights necessary to serve the approved development. Final water right determination shall be resolved between the property owner and the Town prior to the recording of a Final Plat. B. Access to the site from Town Center is financially guaranteed by the Developer for the life of the project across the railroad corridor, in the event that no at grade crossing is permitted. C. The property owner shall submit a master landscaping and public plaza design plan for Lots 1-7, including Tract A, to be reviewed and approved by the Planning and Zoning Commission prior to issuance of the first building permit for the hotel. D. Tract "A" shall be deeded to the Town and zoned "Open Space, Landscaping and Drainage" in accordance with section 17.20.120 of the Municipal Code prior to the issuance of the first Certificate of Occupancy but no later than January 1, 2008. E. The Affordable Housing requirement shall be determined by Council if amended from the existing 10% requirement. F. The property owner shall construct the proposed Westin Hotel or equivalent, Public Plaza, and gondola as generally submitted in the August 3, 2005 application. Significant changes to the hotel brand or brand equivalent, public plaza, conceptual architectural illustrations or conveyance to the Beaver Creek Landing shall require a major amendment to the PUD. G. A revised development agreement shall incorporate and reference the approved PUD Development Plan, including all conditions of approval specified in Planning and Zoning Commission Resolution 06-01. Staff also recommends CONDITIONAL APPROVAL of the Preliminary Subdivision Plan and Subdivision Variance application because the applications meet the minimum standards necessary to recommend approval. The details of the Preliminary Subdivision Plan and the Subdivision Variances are discussed in the attached staff report (Exhibit #), and will be reviewed with Norman Wood, Town Engineer. PUD Review: Staff originally outlined the major components of the PUD application identified in the October 18, 2005 report. In many instances staff, the applicant and the Commission has worked together to review and refine areas of the proposal as warranted, and these refinements have either been included as changes in the final PUD Development Plan or reflected in the proposed development agreement. This final review of the proposed PUD Development Plan summarizes those individual areas reviewed and how they now relate to the final proposal. Further detail of any specific area of review can be referenced from the staff reports attached in the exhibits. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 The Confluence PUD- Amendment to the 1998 PUD approval January 17, 2006 Planning & Zoning Commission meeting Page 5 of 20 1. Land Use Plan The proposed development features essentially the same density and mix of land uses as presented in the first hearing: whole ownership and timeshare residential uses; standard commercial uses — restaurant, bar, cafe, wellness facilities, ski shop, ticket office, ski school, etc;. incidental commercial uses — spa facility and meeting space; and public improvements — gondola (high speed 8 person cabin) and public plaza. The table below represents the proposed land uses that are included in the approved PUD compared to the proposed PUD. The residential density of the project remains 24.9 dwelling units per acre. Land Use Number of Units/Square Footage Number of Units/Square Footage Height (Existing PUD (Proposed PUD Land Use Units Square Height Units Square Height Feet Feet Whole 456,30 120 120 DU's 95ft.— ownership DU per, 55ft. (condo or acre town home Timeshare 120 113 DU's 105% Hotel 120 194 DU's 135ft Commercial 40,000 120 20,000' Standard Employee 46 120 pay in lieu Housing 912,000 The commercial square footage is based on a minimum gross leaseable floor area, there may be up to 40,000 square feet of commercial. The economic model projects approximately 38.000 GLFA of standard commercial. The proposed development includes a complete list of permitted uses, temporary uses, and special review. uses. Staff recommended the following changes be made to the development plan: (1) eliminate "single family' use under Residential / Lodging Uses, the single family use is not an appropriate use given this resort style development and the residential critical mass the town is interested in achieving; (2) eliminate "office" from Lodging Support Uses, there is already a category under Standards Commercial Uses. The applicant has adjusted the plan accordingly, and no condition is required for the uses in our opinion. The PUD plan also corresponds to the subdivision plan in terms of preliminary lot layout, each lot corresponding to the conceptual building locations shown in the application. The public plaza was requested by staff to be an easement, and will be platted- the first of its kind in Avon. Additionally, we have required that the view corridor through the public plaza be platted on both the PUD Development Plan and the Subdivision Plan. We are at an impasse, however, with the applicant as to the flexibility afforded for architectural encroachments into the view corridor. While we agree with the goal of the applicant to create an intimate and"interesting pedestrian experience, staff would prefer to permit exceptions to the corridor in context of building design. Therefore, we recommended deleting the proposed language on the PUD Development Plan governing the view corridor and instead proposed Condition #1(a). We believe the acceptable Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 The Confluence PUD- Amendment to the 1998 PUD approval January 17, 2006 Planning & Zoning Commission meeting Page 6 of 20 amount of encroachment into this corridor should be determined in context, through the design review process. Also related to the public plaza, staff is concerned with the request to allow 20% of the linear frontage of the public plaza as real estate offices. While valuable to the developer of the project and important because of the foot traffic, the use of store front space on the plaza for professional offices- including realty offices- does not substantially contribute to a place making experience. Therefore, we are recommending Condition #1(b) to replace the proposed general note language requested by the applicant. This will allow a design -driven solution to achieve a 'storefront' for realty offices (among other uses), however ensuring that it is a minimal intrusion to the plaza ground level commercial space. Staff would prefer that the majority of storefronts on the ground level be retail or restaurant space. Certainly, no residential uses should be permitted on the ground floor level. The PUD development agreement references the dedication of Tract "A" (Eagle River) to the Town as open space, which is depicted on the development plan. Staff condition #3(c) clarifies the uses and timing of dedication of this open space parcel, consistent with other river parcels the Town owns. In addition, Tract "B" is also depicted on the development plan as open space at the request of staff. This tract is the "Director's Parcel" (a land requirement of the metro district) which is also referenced in the development agreement. The land use plan also establishes building site coverage, and it should be noted that the applicant has reduced the overall building site coverage from that of the existing 70% to 25% a significant improvement to the project. Backing out the area of the river parcel, lot coverage The applicant has maintained the original 75' setback from the Eagle River (measures from the Mean Annual High Water Mark) for most of the site largely preserving the riparian areas. The applicant's initial proposal permitted a 50' setback, which was not well received by the Commission or staff. The 75' setback, which is depicted on the PUD development plan, applies to all buildings with the exception of the southern timeshare building on Lot 1. Lot 1 currently has a 12-15' high retaining wall along the bike path. In this area, the setback will follow the southern property line of Lot 1, which is more restrictive than the existing developed retaining wall. Finally, we are also recommending approval of Condition #3(e) to tie this approval to that proposed- namely an upscale luxury brand (Westin or equivalent) and a conveyance to the resort (Beaver Creek Landing). The financial model and the physical design of this land use are site specific to the application, and it is staff's opinion that should the proposal significantly change in these two areas, it will be in the Town's best interest to consider this a major amendment to the development plan and agreement and review an entirely new plan for the property. 2. Design The area of project design should be thought of as two separate phases that will, by final PUD approval, track together and constitute a PUD plan that provides certain assurances that the project will be built to a standard consistent with the PUD Design Criteria for approval (AMC 17.20.110(2)(3)(6)(8)). The first phase, review of general massing and lot layout, building locations, public plaza, connectivity with the river and environs, and view corridors (both to the resort and from Town Center to the gondola) has been completed as part of the Commission review of the PUD land Town of Avon Community Development (970) 748.4030 Fax (970) 949-5749 The Confluence PUD- Amendment to the 1998 PUD January 17, 2006 Planning & Zoning Commission mi 7 of 20 plan. With conditions as recommended by staff, this PUD Development Plan is approvable and recommended for forwarding to Town Council. However, the recommended approval is contingent on completion of the second step of the PUD review process- namely, finding approvable the PUD Design Criteria. Though the applicant submitted for sketch design review of the hotel at the time of original PUD submittal, it was agreed to by both staff and the applicant that because of the complexity of the PUD Development Plan, the review of the site specific design should follow the PUD review which is now complete. In this respect, staff is recommending Condition #1(G). Staff believes that site specific design guidelines that require a minimum standard of architecture, building orientation and massing, and material use on this site are necessary to find the PUD Design criteria in the affirmative. While all buildings will require conformance to the Town design guidelines and be separately approved through that process, a project of this size should offer the Town certain assurances that the expressed intent to create high quality architectural design through the use of varied roof forms, wall plane articulation and quality building materials. Further, staff is concerned that a project of this magnitude be 'value engineered' as a potential outcome of financial negotiations on the public-private funding partnership that finally results in a zoning approval. To be clear, massing that resembles that of the first two phases of the Lot C PUD -full use of maximum height, disproportionate massing, inefficient solar effect- in staff's opinion, will not be acceptable. Without some basic design parameters or a tie to the expressed intent presented by the applicant in their submittal, the Town may find itself in a position to accept an architectural design that does not support the original concept. The applicant shall submit to the Planning Commission the sketch design review for the hotel and at the same time create minimum design standards ("Riverfront Design Standards") for the entire project which will be recorded and incorporated as part of the PUD approval by Town Council. These standards may be augmented by the Town Design Guidelines where necessary through the final design approval. In no case, however, will staff recommend final Council action of the PUD Development Plan until the Commission is satisfied that the site specific design standards and sketch design of the hotel are acceptable and meet the minimum PUD design criteria and the general design intent portrayed in the architectural renderings submitted with August 3, 2005 application. Another significant change to the design and massing has been to Building D where the applicant has proposed a consolidation of four separate buildings (Buildings D, E, F and G) as originally contemplated. The physical model was updated only after your conceptual review on November 15, 2005, and staff suggests that you review the scale and proportion of the massing model as compared to the original application (the model will be available at the meeting review). While there are benefits to consolidating four individual buildings by reducing site coverage and disturbance, staff is concerned about the overall scale and proportion of this building and the monolithic appearance does not suggest a good transition in scale to the lower density portion of the project. There have been several slight changes to the proposed height of the structures that have not been presented to the Commission, but are reflected on the proposed development plan. As Town of Avon Community Development (970) 748.4030 Fax (970) 949-5749 The Confluence PUD- Amendment to the 1998 PUD approval January 17, 2006 Planning & Zoning Commission meeting Page 8 of 20 noted above, all the proposed structures (hotel, timeshare, and whole ownership) have grown in height with minimal explanation by the applicant. While height does not represent an insurmountable issue alone when taken in context of the entire site proposal, staff is nonetheless recommending the absolute height of any of the structures be subject to final design review and approval by the Commission and subject both the site specific design standards discussed above and to the Town of Avon Design Review Guidelines. The absolute heights recommended (for the highest ridges of any structure) are consistent with those reviewed by the Commission at the last hearing- Condition #1(f), and the requirement for final design approval as the absolute determinant has been inserted on the PUD plan by the applicant. By way of comparison, the existing PUD entitlements provide a 120 -foot height limit for the entire project site. Staff is also proposing Condition #1(f)(iv)- requiring that the maximum allowable ridge heights be assigned a percentage in the Riverfront Design Standards as well as General Condition #3(e)- incorporating the expressed intent and conceptual illustrations provided by the applicant as part of the PUD approval. Two other items that staff has recommended be changed in the development agreement are: delete the statement that hotel to be built if "economically feasible" and the inclusion of language, which establishes a commitment to develop the hotel and gondola as the first phase of the project. 3. Affordable Housing The existing 1998 development agreement requires the developer to provide employee housing (either on or off property but within Town) at a rate of 5 employee -housing units for every 50 dwelling units built. The original proposal states that to satisfy the Town's need for employee housing, a pay in lieu fee in the amount of approximately $600,000 (i.e. $20,000 for every 15 dwelling units constructed, or an equivalent of approximately $1,300 per unit). Staff's understanding of the development agreement is that the incremental fee would not be payable until. the building permit is issued for each 15 units. In earlier deliberation, the Commission determined that on-site affordable housing was not appropriate for the project as currently proposed. The Town Manager also expressed concern with including employee housing in this tax district. If the consideration is made to accept the pay in lieu fee, staff would recommend that Council establish an employee housing fund in the CIP program and use this fund for public/private partnerships- including those in the core of town. For example, the employee housing conceptually located on the proposed parking garage (2004 Main Street Preferred Alternative) may create new opportunities for residential units that are required to be owner occupied and price capped. Should Fee in Lieu accepted, staff proposes fee be submitted per unit. After your last deliberation, the fee now proposed by the applicant amounts to $2,000 per unit (approximately $912,000 at full build out of the project) to be paid to the Town at the time of issuance of certificate of occupancy. Staff is concerned that this fee has no relationship to the existing requirement or the impact on employee housing a project of this density will have on the Town, however in the absence of a direct policy or explicit guideline, staff has proposed Condition #3(d) should Council concur that a fee in lieu program be acceptable over a 10% dedication either on or off site. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 The Confluence PUD- Amendment to the 1998 PUD approval January 17, 2006 Planning & Zoning Commission meeting Page 9 of 20 4. Parking Staff has prepared the table below that outlines the existing, proposed, and Town required parking standards for all proposed uses. At the November 15th, 2005 Commission hearing, the applicant presented information regarding an analysis of the anticipated parking demand generated from the proposed development to support the proposed decreases in parking ratios. The analysis, prepared by Walker Parking Consultants (Exhibit J), estimated the total parking demand based on land use and anticipated management/control of the of the shared structured parking. Understanding that below ground parking design is a more efficient use of the site and achieves a predominantly pedestrian environment that both staff and the applicant desire, staff's primary goal is that the below grade parking is sufficient, effective, safe and convenient for the public. Based on the information reviewed, staff supports the proposed parking ratios for the Hotel/Timeshare/Standard Commercial and Incidental Commercial Uses. Staff's rationale for supporting these ratios is based on the "shared use parking" methodology used in the analysis, including the adjustments made for mode split, captive rate, and hypothetical peak hour demands, and the proposed parking operations plan which made for a compelling argument in favor of permitting parking ratios that are to varying degrees lower than the AMC. Although the analysis provided states that statistical research data on Timeshare and Condo- tels is relatively limited, the comparable rental -type residential data used supports the proposed time-share parking ratio of 1.5 spaces per unit, before adjustments made for mode split. Mode split is the percentage of patrons or employees that arrive to the development via rental car, taxi, or Colorado Mountain Express (CME). The applicant has provided data from the Eagle County Airport along with data provided by CME. The data explains visitor travel behavior in terms of the percentage of visitors that fly versus those that drive for each guest type. The model then takes that percentage of visitors that fly and generates a percentage of visitors who rent cars versus those that take a shuttle form the airport (Sections 1 and 2). Using these percentages, the model then calculates the projected percentages of owners/users that will have a car during their stay and therefore require a parking stall. Additionally, staff agrees with the findings that the AMC fails to directly account for captive rates. Captive rate is the percentage of customers who may utilize a land use but are already parked on-site for another use. For example, a guest of the hotel who utilizes the spa area or restaurant would not generate additional parking demand. To some extent the 15% mixed-use reduction being requested accounts for captive rate in a broad sense. Nonetheless, the proposed ratio for all shared uses (lot 1-3), is acceptable to staff. Its important to note that the Town of Avon Community Development (970) 748-4030 Fax (970) 949.5749 Re wired Parking Comparisons Land Use Existing PUD Proposed PUD Town Code Condo/Town home 2.0 per unit up to 2BR .5 per add BR 1.2 per unit 1.5 per 1 BR, 2 all others Hotel 1 per room 1. per studio, 1.2 per Condo 1 per 1 BR, Yz space per add BR Timeshare .6 per BR .75 per BR, 1.5 per unit 1 per 600 sq. ft. Commercial 5 per 1,000 GLFA 5 -per 1,000 GLFA 3 or 4/1000 GLFA Employee Housing .5 per BR Guest Parking 10 spaces when > 25 units At the November 15th, 2005 Commission hearing, the applicant presented information regarding an analysis of the anticipated parking demand generated from the proposed development to support the proposed decreases in parking ratios. The analysis, prepared by Walker Parking Consultants (Exhibit J), estimated the total parking demand based on land use and anticipated management/control of the of the shared structured parking. Understanding that below ground parking design is a more efficient use of the site and achieves a predominantly pedestrian environment that both staff and the applicant desire, staff's primary goal is that the below grade parking is sufficient, effective, safe and convenient for the public. Based on the information reviewed, staff supports the proposed parking ratios for the Hotel/Timeshare/Standard Commercial and Incidental Commercial Uses. Staff's rationale for supporting these ratios is based on the "shared use parking" methodology used in the analysis, including the adjustments made for mode split, captive rate, and hypothetical peak hour demands, and the proposed parking operations plan which made for a compelling argument in favor of permitting parking ratios that are to varying degrees lower than the AMC. Although the analysis provided states that statistical research data on Timeshare and Condo- tels is relatively limited, the comparable rental -type residential data used supports the proposed time-share parking ratio of 1.5 spaces per unit, before adjustments made for mode split. Mode split is the percentage of patrons or employees that arrive to the development via rental car, taxi, or Colorado Mountain Express (CME). The applicant has provided data from the Eagle County Airport along with data provided by CME. The data explains visitor travel behavior in terms of the percentage of visitors that fly versus those that drive for each guest type. The model then takes that percentage of visitors that fly and generates a percentage of visitors who rent cars versus those that take a shuttle form the airport (Sections 1 and 2). Using these percentages, the model then calculates the projected percentages of owners/users that will have a car during their stay and therefore require a parking stall. Additionally, staff agrees with the findings that the AMC fails to directly account for captive rates. Captive rate is the percentage of customers who may utilize a land use but are already parked on-site for another use. For example, a guest of the hotel who utilizes the spa area or restaurant would not generate additional parking demand. To some extent the 15% mixed-use reduction being requested accounts for captive rate in a broad sense. Nonetheless, the proposed ratio for all shared uses (lot 1-3), is acceptable to staff. Its important to note that the Town of Avon Community Development (970) 748-4030 Fax (970) 949.5749 The Confluence PUD- Amendment to the 1998 PUD apps January 17, 2006 Planning & Zoning Commission meetin 10 of 20 and Standard Commercial parking ratio of 5/1000 GLFA is consistent and slightly higher than the AMC of 4/100, and that the Incidental Commercial category accounts for incidental uses of the hotel such as the spa and meeting space. In consideration of consensus on the shared parking ratios, however, staff is recommending Condition #2(c) that obligates the developer to submittal of a parking operations plan, generally consistent with what has been provided, prior to the issuance of a Certificate of Occupancy. Staff does not support the proposed parking ratio for the whole ownership portion of the development, the use of the 15% mixed use reduction for the entire site, the use of 30% compact parking spaces, or the 1/4000 GLFA ratio for professional office use. The whole ownership portion of the development represents the largest variation in parking when comparing the proposed PUD with the Town Code. The variation in most cases would be approximately .7 spaces per unit, assuming all the whole ownership units are greater than one - bedroom. Please refer to page 9 of the Walker memo and Tab II of the PUD amendment application for the explanation of the analysis relative to whole ownership units. The table below represents the relative comparisons. Under the proposed use configuration, the application seeks a variance from the Town Code of approximately 126 spaces for the whole ownership portion of the project. Compared to the current PUD standard, the variance is 136 spaces. According to the analysis provided by the applicant, the national average for owner -occupied condo and town -homes indicates a total base demand of 1.7 spaces per unit, irrespective of the number of bedrooms. Because the national average is a blend of all urban and non -urban areas, and that this particular use does not benefit form the "shared parking" assumptions discussed above, staff feels that the parking ratio for whole ownership should be increased to a minimum of 2.0 spaces per unit, or 1 space per bedroom and not decreased to 1.2. Staff's concern is that insufficient whole ownership parking on site would burden adjacent property owners, including the Town, by becoming satellite parking for the project by way of proximity. The proposed 1.2 spaces have the least correlation to the municipal comparison and national comparison at 1.7, by the studies own data. The only supporting data provided is out of context and, in particular, each ratio for comparative municipalities doesn't address issues like: availability of mass transit, on street parking availability, parking management and structures (and physical distance to free parking). Of all the comparatives, Vail (outside the commercial core) is probably the most reasonable comparison at a range of 1.5 to 2.5 spaces (Studio to 5 bedrooms). Beaver Creek, one of the lowest ratios by comparison, is a poor example since the context of employee and guest parking in the resort is very different to the physical parking needs in Avon. The operations plan specifically excludes management of whole ownership units so continuing to compare management of similar properties in Beaver Creek has no Town of Avon Community Development (970) 748-4030 Fax (970) 949.5749 Par Ing Comparisons Land Use Existing PUD Proposed PUD Town Code Variation by use Condo/Town 2.0 per unit up 1.2 per unit 1.5 per 1 BR, 2 .3 up to one unit, home to 2BR, .5 per maximum (any # all others .7 all other add BR add. BR's Under the proposed use configuration, the application seeks a variance from the Town Code of approximately 126 spaces for the whole ownership portion of the project. Compared to the current PUD standard, the variance is 136 spaces. According to the analysis provided by the applicant, the national average for owner -occupied condo and town -homes indicates a total base demand of 1.7 spaces per unit, irrespective of the number of bedrooms. Because the national average is a blend of all urban and non -urban areas, and that this particular use does not benefit form the "shared parking" assumptions discussed above, staff feels that the parking ratio for whole ownership should be increased to a minimum of 2.0 spaces per unit, or 1 space per bedroom and not decreased to 1.2. Staff's concern is that insufficient whole ownership parking on site would burden adjacent property owners, including the Town, by becoming satellite parking for the project by way of proximity. The proposed 1.2 spaces have the least correlation to the municipal comparison and national comparison at 1.7, by the studies own data. The only supporting data provided is out of context and, in particular, each ratio for comparative municipalities doesn't address issues like: availability of mass transit, on street parking availability, parking management and structures (and physical distance to free parking). Of all the comparatives, Vail (outside the commercial core) is probably the most reasonable comparison at a range of 1.5 to 2.5 spaces (Studio to 5 bedrooms). Beaver Creek, one of the lowest ratios by comparison, is a poor example since the context of employee and guest parking in the resort is very different to the physical parking needs in Avon. The operations plan specifically excludes management of whole ownership units so continuing to compare management of similar properties in Beaver Creek has no Town of Avon Community Development (970) 748-4030 Fax (970) 949.5749 The Confluence PUD- Amendment to the 1998 PUD approval January 17, 2006 Planning & Zoning Commission meeting Page 11 of 20 obvious correlation if the plan excludes them entirely. Because of this disagreement on the minimum whole ownership parking ratio, staff is recommending Condition #2(a). Staff is also not supportive of the recently added ratio for profession office that is applicable to the office use anticipated for level 5 of the hotel. There is no rationale for this space to be parked at a different standard than other professional offices, which are categorized as Standard Commercial and parked at 5/1000. Therefore, staff is recommending Condition #2(b). The other items that staff had objected too have been resolved accordingly. Because staff feels that compact spaces are functionally incompatible with the type of vehicles used in our mountain resort community and cause poor circulation and parking experiences for the users in all structures that are constructed in this area, the applicant has agreed to limit the number compact spaces for entire project to 10%. Furthermore, the applicant has agreed to limit the fifteen percent (15%) reduction for'shared parking' to Lots 1, 2 and 3. Please refer to the parking analysis dated November 10"', 2005 for a comprehensive description of these terms and other assumption made. 5. Meeting Space Within the hotel, the original Riverfront application proposed 5,000 square feet of meeting space. This proposed meeting space is in lieu of the current PUD requirement to provide a 15,000 square foot conference center on the Confluence site. Further refinement of this space by the applicant has the conceptual meeting area proposed as 3,400 gross square feet, and the PUD Development Plan proposes a minimum of 3,000 fross square feet. The applicant has suggested that this smaller meeting space is nonetheless 'activated' by an adjacent public wellness center and a preliminary proposal to bring VVMC Steadman Hawkins to the same floor- essentially compensating for the smaller area through good visibility and proximity to medical/health facility. It is their expectation that the space will be used for smaller conference/banquet opportunities, and medical/health conferences in connection with the wellness facility. The proposal for a 3,000 square feet minimum is acceptable to staff in light of the design of the facility in concert with the public spa and wellness center, particularly the VVMC Steadman Hawkins medical facility. The Town has no guiding policy on minimum meeting space, and there appears to be no discernable rationale for a larger conference facility as originally proposed in 1998. 6. Connectivity with Town Center As already discussed, the application is proposing to remove the requirement for a separated grade crossing in lieu of the 2 at grade crossings that the Town has applied for. While the two at -grade crossings are clearly the preferred means of connectivity to the Town Center, we should consider the possibility that an application may be made in the future to close one or both of these crossings- if they are even approved. Currently, the recommendation to approve both crossings by the state Public Utilities Commission is under appeal to the Commission. The development agreement is proposed by staff to require either (1) a 1.5 million Capital Improvement Fund 'bank' by RETT generated through the project, or, (2) an insurance indemnification held by East West in the event that one or both at grade crossings are required to be closed or grade separated. Town of Avon Community Development (970) 748-4030 Fax (970) 949.5749 The Confluence PUD- Amendment to the 1998 PUD January 17. 2006 Plannin¢ & Zonine Commission m 12 of 20 7. Connectivity with River & Environment A prominent feature of the land use plan includes the existing trail system and connection to the Eagle River. The applicant has proposed a terraced condition much improved over the original application concept for the public plaza termination to the Eagle River. While staff generally supports this concept, we are recommending that the final design of the public plaza and its connection to Tract A (the river parcel and regional trail) be separately approved -Condition #3(b) - so we might better understand the entire context of public space and connectivity in final form. The applicant has provided an Environmental Impact Report that summarizes the short and long term impacts of the development, as well as characterizes the types of habitat and presence of threatened, endangered or sensitive species on the site. There appear to be no significant long- term impacts, and the application will result in a small (.04 acres) loss of wetlands by impact of gondola construction that will be mitigated on site per the approval of the US Army Corps of Engineers (USACE). The applicant has made an effort to move the proposed gondola further outside 100 -year floodplain and wetlands as a result of discussion with staff. This is reflected on the proposed Development Plan along with the setback project wide remain at 75 feet, allowing for 2 areas of encroachment. Mitigation for the loss of wetlands is being compensated on site, and will be permitted by the USACE. 8. Water Rights A condition of the current development agreement states that a water consumption and augmentation study is required to determine maximum water demand. Staff would defer estimating future water needs until this study has been made available and reviewed by the Town's engineering staff and water attorney. Staff is recommending condition # 3(a), which requires resolution before final plat approval. 9. Financial Analysis and Considerations & Development Agreement 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). Though this supplemental report is questionable in its many qualitative assumptions and overstates the value of the gondola connection to the Landing as well as the value of transportation savings, there is no doubt that a certain portion of property value increase in the Town core will be attributed to the construction of a project of this magnitude. 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 Town of Avon Community Development (970) 749-4030 Fax (970) 949-5749 The Confluence PUD- Amendment to the 1998 PUD approval January 17, 2006 Planning & Zoning Commission meeting Page 13 of 20 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 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. Staff has attached a summary of the business points developed by the Town Manager that will comprise the content of the development agreement as Exhibit K. Town of Avon Community Development (970) 748-4030 Fax (970) 949.5749 The Confluence PUD- Amendment to the 1998 PUD approval January 17, 2006 Planning & Zoning Commission meeting Page 14 of 20 Most important to note with respect to the financing request is; Staff's recommendation to Council that should the financial negotiations cause a significant impact on the proposed land use (for instance, a change in the hotel mass or size, and change in overall density, etc.), the application be remanded back to the Commission for further evaluation. 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: (1) Conformity with the Comprehensive Plan goals and policies; 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: 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. The information provided below is the general approval criteria for a PUD amendment. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 The Confluence PUD- Amendment to the 1998 PUD approval January 17, 2006 Planning & Zoning Commission meeting Page 15 of 20 Conformance with the 1996 Comprehensive Plan goals and objectives. The table below itemizes the policies included in the 1996 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. Policy The Eagle River should be maintained as a X A3.6 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 app lication 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, Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 The Confluence PUD- Amendment to the 1998 PUD approval January 17, 2006 Planning & Zoning Commission meeting Page 16 of 20 Town of Avon Community Development (970) 748-4030 Fax (970) 949.5749 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 B2.3 Encourage a range of uses in the Town Center, including re -tail, offices, hotels, X recreation, tourism, and entertainment. HOUSING Policy C1.4 Infill residential development should be compatible in de -sign, scale and use with X existing neighborhoods. Policy New development, annexations, and major X C2.1 redevelopment shall include or otherwise provide for affordable housing. Policy C2.2 Wherever possible, affordable housing will be integrated with, rather than be separate X from the rest of the community. Policy C2.4 The Town will encourage and, to the extent practical, participate in development of X affordable housing. TRANSPORTATION, Policy Streets should, to the extent possible, X PARKING, AND CIRCULATION E1.1 effectively accommodate transit, pedestrian, bicycle, and other modes of transportation. Policy E1.2 Commercial, public and other uses that generate employment and customer traffic should be located on transit routes, and X linked by pedestrian and bicycle paths to minimize the need for automobile travel. Policy E1.4 Commercial areas should be designed to minimize in -town vehicle travel by making it X easier for people arriving by car to park and 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 F1.5 Major development proposals will be referred to the Colorado Division of Wildlife X 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 G1.4 New annexations and development will include or otherwise contribute to land for X Town of Avon Community Development (970) 748-4030 Fax (970) 949.5749 The Confluence PUD- Amendment to the 1998 PUD approval January 17, 2006 Planning & Zoning Commission meeting Page 17 of 20 trails, open space and recreation purposes. (2) Conformity and compliance with the overall design theme of the town, the sub -area design recommendations and design guidelines of the Town. The project is generally compliant with the overall design theme of the town, the sub -area design recommendations, and design guidelines. However, final adoption of the PUD development plan standards must include sufficient minimum design detail to determine specific compliance. Therefore, finding of this design criteria is conditional upon incorporation of approved minimum design standards in the Riverfront subdivision PUD Development Plan before final adoption by the Town. (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 project is generally compliant with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale bulk, building height, buffer zones, character and orientation. However, final adoption of the PUD development plan standards must include sufficient minimum design detail to determine specific compliance. Therefore, finding of this design criteria is conditional upon incorporation of approved minimum design standards in the Riverfront subdivision PUD Development Plan before final adoption by the Town. (4) Uses, activity, and density which provide a compatible, efficient, and workable relationship with surrounding uses and activity. The proposed PUD uses, activities, and density provides for a compatible, efficient and workable relationship with surrounding uses and activities in the Town core. The project respects the natural riparian and river environment that bounds it on the south, deeding this property to the Town as open space while at the same time creating a project of the type of density and land use pattern that is supported by the Town's master plan policies. (5) Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. The application identifies, avoids and/or mitigates natural hazards that affect the property upon which the PUD is proposed. (6) 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. Site plan, building design and location and open space provisions are generally designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. However, final adoption of the PUD development plan standards must include sufficient minimum design detail to determine specific compliance. Therefore, finding of this design criteria is conditional upon incorporation of approved minimum design standards in the Riverfront subdivision PUD Development Plan before final adoption by the Town. Additionally, this, criterion is Town of Avon Community Development (970) 748-4030 Fax (970) 949.5749 The Confluence PUD- Amendment to the 1998 PUD approval January 17, 2006 Planning & Zoning Commission meeting Page 18 of 20 conditioned upon the staff recommendation that the river parcel be deeded as open space to the Town and the view corridor protected. (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. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation plan has been provided, however, contingencies related to access across the railroad corridor must be included in the final development plan agreement. (8) Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The Confluence site includes the northern 1/x of the Eagle River from the western extent of the property to the Avon Road Bridge. This portion of the River, along with associated wetlands and riparian areas is referred to as Tract "A" on the PUD Development Plan and measures approximately 5 -acres. Tract 'B", which is the "Directors" parcel, will also be designated as open space. For the long-term protection and maintenance, Tract "A" would be dedicated to the Town of Avon per the proposed Development Agreement. The existing trail running along the river is also included within Tract "A". In order to protect the view corridor from the proposed at -grade crossings through the public plaza to Beaver Creek, staff has asked the applicant to plat the view corridor on their proposed subdivision and depicted the view corridor on the proposed PUD Development Plan, recommended revisions Staff is also recommending a master landscape plant be submitted for the entire project utilizing plant material outlined in the Town of Avon Residential, Commercial, and Industrial Design Review Guidelines. (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. In conjunction with the PUD Amendment application, the applicant has submitted a Preliminary Subdivision Plan. The Preliminary Subdivision Plan has been reviewed by staff for functionality based on specific criteria outlined in the Town Municipal Code. Staff has found the Preliminary Subdivision Plan to be acceptable subject to staff recommended conditions. Those conditions and a detailed description of staff comments are outlined in Resolution 06-01 and accompanying Preliminary Subdivision Plan report. The application does not propose a formal construction -phasing plan. The initial request includes a 30 -year vesting period. Based on the assumptions use in the fiscal impact analysis provided by the applicant, staff has recommended that the vesting period be reduced to 7 years. Furthermore, staff has recommended a condition requiring the developer to construct the hotel/public plaza and the gondola during the first phase. These items will be considered by Town Council as in order to find this criterion positive. (10) Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. Town of Avon Community Development (970) 748.4030 Fax (970) 949-5749 The Confluence PUD- Amendment to the 1998 PUD approval January 17, 2006 Planning & Zoning Commission meeting Page 19 of 20 Adequacy of public services such as sewer, schools, transportation systems, roads, parks, and police and fire protection has been evidenced by the application. However, the adequacy of water is yet to be determined and must be evidenced prior to approval of final plat. (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. 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, however the traffic projected was a worst-case scenario in the instance that the railroad crossings were not secured. Therefore, finding this criterion approvable is conditioned upon permanent access across the rail corridor being guaranteed by the developer. (12)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. The proposed PUD Amendment offers significant public benefits to the Town by way of the positive economic impacts described in the fiscal impact analysis prepared by Stan Bernstein. The economic model (see attached) generally indicates increased property tax revenues, increased real estate transfer tax revenues, increased accommodation tax revenue, and increased retail sales tax revenues. The current entitlements cannot demonstrate the same financial benefit as a result of a significant rebate provision. Along with the significant economic benefits to the Town, the long-term preservation approximately 5 -acres of the Eagle River by way of dedication to the Town ensures the protection of some the longest riparian area left undeveloped in the Town boundary. 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. As noted above, the long-term economic benefits discussed in both fiscal impacts analysis provided in the application describe significant positive economic impacts to the Town over a relatively long period of time. The site plan is a more efficient and sensitive use of the site than the existing zoning rights and entitlements provide, and thereby creates benefits that outweigh those of the existing zoning rights. 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. The existing PUD contemplated a large surface parking lot that account for nearly 1/3 of the site, a bridge across the Eagle River for connection to Highway 6, and no direct access to the Town Center. The proposed PUD would utilize below ground parking in lieu of surface parking, eliminate the Town of Avon Community Development (970) 748.4030 Fax (970) 949.5749 The Confluence PUD- Amendment to the 1998 PUD approval January 17, 2006 Planning & Zoning Commission meeting Page 20 of 20 bridge across Highway 6 and connect to the Town Center via two at grade pedestrian/vehicular crossings. In terms of preserving valued environmental and cultural resources, the application proposes the dedication of approximately 5—acres of the Eagle River and associated high value wetlands and riparian areas. These public benefits are all consistent with the goals and policies outlined in the Comprehensive Plan. 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. Respe bmitted, Tam i Ka' , AICP Director 1 eimann, AICP Senior Planner Attachments: A. Resolution 06-01; B. PUD Application dated August 8, 2005 (previously distributed to Commission members); C. October 18th, 2005 Planning and Zoning Commission Staff Report, exhibits, and meeting minutes; D. November 1't, 2005 Planning and Zoning Commission Staff Report, exhibits, and meeting minutes; E. November 15th, 2005 Planning and Zoning Commission Staff Report, exhibits, and meeting minutes; F. Proposed massing model (available at meeting only); G. PUD Development Plan dated January 10", 2006; H. Walker Preliminary Parking Operations Plan dated December 5, 2005 J. Public Comments received (previously distributed to Commission members) K. Memo from Town Attorney reviewing status of development agreement. L. Preliminary Subdivision Plan and Subdivision Variance Staff report. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 7 EXHIBIT A TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 06-01 A RESOLUTION RECOMMENDING APPROVAL OF A PUD AMENDMENT APPLICATION AMENDING THE CONFLUENCE PUD, AS MORE SPECIFICALLY DESCRIBED IN THE APPLICATION DATED AUGUST 8, 2005. WHEREAS, East West Partners Inc. has filed an application to amend the existing Planned Unit Development ("PUD") and Development Agreement for the Confluence 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 WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public hearings on October 18`h, November 1, November 15`h, December 6'h, and December 20'h of 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 WHEREAS, 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 06-01; WHEREAS, said application appears to comply with the following PUD review criteria set forth in Section 17.12.1 l0 of the Avon Municipal Code, including the following: 1. Conformance with the Town of Avon Comprehensive Plan's and Town Center Implementation Plan Goals and Policies as required by 17.20.1 1 OH (1); 2. The overall design concept of this PUD Amendment conforms to the design theme of the Town, and Design Guidelines as required by 17.20.1 1OH(2); 3. The project is compatible with the immediate scale and character of existing properties in the vicinity. 17.20.110H(3); 4. This PUD Amendment application is responsive and compatible to the existing surrounding land -uses. 17.20.110H (4); 5. The PUD Amendment application has identified and proposes to mitigate or avoid natural or geologic features. 17.20.110H (5); 6. The site plan, building design and location and open space provisions are designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 17,20.110H (6); 7. The circulation system is designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. 17.20.11 OH (7); 8. This PUD Amendment application has created functional open space that is responsive to existing views and buffers to open space. 17.20.110H(8); 9. The subdivision plan 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. 17.20.110H (9); 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection has been established. 17.20.11 OH (10); and 11. 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. 17.20.110H (11). 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 Confluence PUD Amendment application dated August 8, 2005 with the following conditions: 1. Required revisions to the Development Plan: A. Delete General Notes 7a, 7b, and 7c, and revise as follows: "A sixty (60) foot view corridor through the public plaza adjacent to the proposed hotel as depicted on the development plan and the final plat for the Riverfront Subdivision shall remain unobstructed from the ground level upwards, providing that minor encroachments such as awnings, landscaping, overhangs, decks and railings shall be reviewed and may be approved through the design review approval process". B. Delete General Note #1 and revise as follows: No more than 10% of total linear frontage on the public plaza, based on the total linear building frontage on the plaza easement as defined on the plat and PUD development plan, shall be used for office space, including real estate or other professional offices. C. Revise the public plaza easement to run the entire length of building frontage of the hotel and timeshare west building, and at a minimum width of 60 feet. D. Add the following general note: "The development standards for the Riverfront PUD shall be outlined below. Other development standards and zoning provisions of the Town of Avon Zoning Code not specifically addressed below, or in the related development agreement, shall apply to the Riverfront PUD." E. Add the following note: A solar access study showing the effects of shading on adjacent buildings and outdoor spaces is required for all proposed buildings exceeding 3 stories in height. Sun studies should be prepared on a site plan of a scale not less than 1"=40' showing shadows at 10 am and 3pm on March 21, June 21, September 21, and December 21. F. The maximum building height shall be as follows: i. Hotel — 130 feet at the highest ridge point ii. Timeshare - 100 feet at the highest ridge point iii. Whole Ownership — 85 feet at the highest ridge point, 55 feet for lot 6 and lot 7. iv. In all instances, the maximum allowable percentage of a building ridgeline to be at or near the maximum height shall be governed by the more restrictive criteria of the Riverfront Design Standards and the Town of Avon Design Review Guidelines. G. Final approval of this PUD Development plan is conditioned upon approval of site specific design standards ("Riverfront Design Standards") by the Planning and Zoning Commission and Town Council, incorporated on the PUD Development Plan and recorded at the time of approval of the PUD. The criteria, at a minimum, shall include design elements as outlined in Exhibit A to Resolution 06-01. 2. Parking Conditions: A. The required parking ratio for the whole ownership portion of the development shall be as follows: l space per bedroom, 2 spaces maximum per unit. B. Eliminate the Office Parking category at 4/1000 GLFA and add Office parking to the Standard Commercial Category. C. Delete General Note #8 and revise as follows: "A parking management plan, generally consistent with recommendations outlined in the Walker Preliminary Parking Operations Plan dated December 5, 2005 shall be submitted and, after review and approval by the Zoning Administrator, be recorded as a covenant with by issuance of Certificate of Occupancy. The approved plan shall not be changed without notification of the Town, and shall be enforceable by the Zoning Administrator". 3. General Conditions: A. Water Rights: The property owner shall convey to the Town the water rights necessary to serve the approved development. Final water right determination shall be resolved between the property owner and the Town prior to the recording of a Final Plat. B. Access to the site from Town Center is financially guaranteed by the Developer for the life of the project across the railroad corridor, in the event that no at grade crossing is permitted. C. The property owner shall submit a master landscaping and public plaza design plan for Lots 1-7, including Tract A, to be reviewed and approved by the Planning and Zoning Commission prior to issuance of the first building permit for the hotel. D. Tract "A" shall be deeded to the Town and zoned "Open Space, Landscaping and Drainage" in accordance with section 17.20.120 of the Municipal Code prior to the issuance of the first Certificate of Occupancy but no later than January 1, 2008. E. The Affordable Housing requirement shall be determined by Council if amended from the existing 10% requirement. F. The property owner shall construct the proposed Westin Hotel or equivalent, Public Plaza, and gondola as generally submitted in the August 3, 2005 application. Significant changes to the hotel brand or brand equivalent, public plaza, conceptual architectural illustrations or conveyance to the Beaver Creek Landing shall require a major amendment to the PUD. G. A revised development agreement shall incorporate and reference the approved PUD Development Plan, including all conditions of approval specified in Planning and Zoning Commission Resolution 06-01. H. 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 17`" DAY OF January, 2006 Signed: Date: Chris Evans, Chair Attest: Date: Phil Struve, Secretary Exhibit " N' to Resolution 06-01 Riverfront Subdivision Minimum Design Standards The (Westin) Riverfront Subdivision Design Standards, incorporated on the PUD Development Plan, shall include minimum standards for the design that will supplement the Town of Avon Design Review Guidelines. The approval of these Design Standards shall be required and incorporated as part of the PUD Development Plan final approval. Design standards shall address the following areas: Architectural Goal and Objectives: Project: Establish theme and quality for the entire project, define the predominant style and characteristics of buildings and the interface with both public spaces, predominant views and the natural environment. Site Design: Solar Access: A solar access study shall be required for buildings exceeding 3 stories located in the subdivision. Building Entry: General requirements for emphasis on building entries. Site materials palette: A list of suitable materials and colors for all public plaza areas, including facing material for all necessary retaining walls. Building Height, Massing & Scale: Street/Pedestrian Level, All Buildings: Defined minimum window areas, materials palette, and minimum use of stone on each building. Wall Facades, Public Plaza: Define maximum height for all building facades fronting the public plaza, and an identified minimum setback at a horizontal elevation above that height. All Buildings: A defined maximum percentage of wall planes, a defined minimum break in wall planes for all elevations. Maximum Heights, All Buildings: Define maximum percentage of ridge heights that may be at the allowable height, a defined minimum setback of those ridges from the public plaza. Exterior Walls and Surfaces: Materials: Material palette, color palette, prohibited materials. Retaining walls: Facing material and color palette. All buildings: Prohibited materials and finishes, minimum materials on all elevations. All buildings: Material and color palette, minimum detailing, construction technique, and size/proportionality guidelines. All buildings: Minimum roof pitch, roof material palette (including LRV), maximum uninterrupted roof planes, minimum overhang length Signs: Project: General style, materials and color palette to form the basis of a Master Sign Program for the entire project. EXHIBIT C Staff Report 7vi PUD AMENDMENT C O L O R A D O October 18t",-2005 Planning & Zoning Commission meeting Report date October 11, 2005 Project type Mixed -Use Planned Unit Legal description Current zoning Address Development (PUD) The Confluence PUD Landing") PUD 0095 Avon Road Amendment ("Beaver Creek Introduction The applicant, East West Partners, has requested an amendment to the Planned Unit Development ("PUD") for the Confluence property. The 18.9 acre parcel is currently undeveloped and has historically been used as a surface parking lot and construction staging area. The site is bounded to the south by the Eagle River, to the east by Avon Road, to the north by the railroad right-of-way, and to the west by the Eagle River Water & Sanitation District. As proposed the project would include a hotel, retail plaza, high-speed public gondola, condominiums, and fractional ownership residential units. The build -out of the project would occur in multiple phases based on the proposed build -out and economic modeling provided by the applicant. Some of the features of the proposed amendment Include a circulation system that includes two at grade crossings for pedestrian and vehicular connection to the Town Core, and a linear multi purpose trail or river park. The specific land use proposal is discussed in more detail later in the report and in the application itself. Because of size, location, and close proximity to the Eagle River, there is a unique opportunity to develop the site in a manner consistent with the general design parameters proposed by the applicant while at the same time aligning those parameters with the goals and policies identified In the Town's Comprehensive Plan, the Town Center Implementation Plan, and the redevelopment effort currently underway In the Town Center. Although much of the site has been denuded of it's natural vegetation (see Environmental Impact Report), how this project interfaces with the remaining high value riparian and wetlands area and the Eagle River while at the same time creating a logical, cohesive and beneficial connection between the Town Center and Beaver Creek Resort through Bachelor Gulch is of great importance to the Town. The staff review of this application will focus on the PUD amendment criteria outlined in the Municipal Code and the requested changes to existing approvals, both summarized later in the staff report. The Zoning Code (Title 17, Avon Municipal Code) governs PUD approval by establishing limits on density, building height and bulk, parking, and allowed uses. The Development Plan approval determines the locations, size and general design of the buildings, as well as site layout, access and circulation. It is Important to note that when the 1996 Comprehensive Plan was adopted, the Confluence site was not located in the incorporated area Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 r The Confluence PUD- Amenc,,.,ent to the 1998 PUD approval October 18, 2005 Planning & Zoning Commission meeting Page 2 of 15 of the Town, therefore, there is no specific policy guidance with respect to how the site was to be developed. The applicant, who has actively participated in the development of the 2005 update to the Town Comprehensive Plan, has voluntarily addressed how the project conforms to the specific area policies that are proposed in the Confluence District of the draft plan. It is also important to note that this PUD application is being reviewed in conjunction with a Preliminary Plan subdivision application. The idea being that the Preliminary Plan and the PUD amendment run concurrently during the same public hearing schedule. It is also staff's understanding that the proposed hotel and perhaps the timeshare buildings (east and west) will submit for sketch design review either concurrent or soon after the PUD application and portions of the design concept for the hotel are included in the application. Public Hearing Process Due to the volume of information provided and the relative sophistication of the application, staff recommends that the public hearing process occur over a minimum of three consecutive hearings before the Planning and Zoning Commission. The applicant has agreed to this approach, also noting the amount of material and historical narrative involved in review of this application. It is staff's goal to adequately 'bracket' the issues presented in the application and allow the applicant sufficient time between meetings to respond to those issues before forwarding a recommendation. It should also be noted that the applicant has worked diligently with staff for the last 8 months as their plans have developed, and that they have also voluntarily approached area property owners seeking input in developing the project. Likewise, they have held an open house and participated in a joint work session with Council and the Planning Commission. All of these preliminary discussions have taken place before submittal of the formal application to familiarize the community and elected and appointed officials of the project concepts, and yet, the application remains a significant amount of material to adequately review. With this In mind, the hearing process will begin with a scheduled site tour with a representative of the applicant available for questions or clarification. Staff has asked that the applicant delineate the following features in preparation for the site tour: (1) proposed river setback on the entire site, (2) approximate gondola terminal, (3) access/frontage road; (4) key comer locations of public plaza to the frontage road and gondola, and proposed railroad crossings; and (5) approximate comer locations of hotel and timeshare portion of the site. Attached to this report is a key map showing where those staked features are on the site, and we would highly recommend that all Commissioners that cannot attend the Tuesday site visit please visit the site ahead of the hearing and familiarize oneself with the area (Exhibit 13). The first hearing will include the review of the existing entitlements and prior amendment history including existing development agreements. This meeting will also Include a brief description of the proposed amendment allowing the opportunity for the Commission to request that specific information is available or covered in detail at the second hearing. Staff will also describe in broad terms how the proposal does or does not comply with the criteria necessary for approval. After hearing the background information and the chronology of events, the Commission would then hold the second public hearing to discuss the specific details of the proposed amendment and merits thereof. Staff has outlined approximately twelve broad components of the amendment which will be discussed more thoroughly at the second and third hearing. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5748 The Confluence PUD. Amen,..aent to the 1998 PUD approval October 18, 2005 Planning & Zoning Commission meeting Page 3 of IS r By the second and third hearings, staff will have received all comments from the referral agencies, had a thorough dialogue about the major components of the application with the Commission and applicant, and a formal recommendation on the application would also be made available for consideration. Equally important to establish in our review process, It should be noted that we anticipate a ruling on the railroad crossing applications by the end of October, and both the Commission and the applicant should be cognizant of the fact that the site plan will need to adequately address in the long, term how connectivity to the Town can be achieved with or without approval of the application for at grade crossings. While staff does not anticipate the proposed site plan to be significantly altered should a separated grade crossing be required, we must be long term in our thought process and protective of the community's interest in connectivity to the project by allowing enough flexibility in our site plan review to accommodate a future separated grade crossing. Background & History of the Property Prior to annexation by the Town of Avon in 1998, the property known as the "Confluence" was an unincorporated parcel in Eagle County that was a small residential mobile home park known as "Avon Station". The park contained approximately 48 mobile homes and one single family house. In addition, portions of the property were utilized for various things over the years including a van shuttle service parking lot, a landscaping operation, and contractor and material storage yards. These uses largely resulted in the site disturbance and removal of most of the native vegetation on the site, except for the last portion of the riparian corridor that exists both along the Eagle River and the far western portion of the site. The underlying County zoning was "RSL" (Residential Suburban Low Density), however a Minor PUD was approved by Eagle County that allowed parking for up to 200 automobiles for employees of the Beaver Creek Resort and a small construction lay down area. The existing access to the site from Avon Road was constructed in 1991 as part of the Avon Road grade separation project. The previous access was eliminated by grading and retaining wall construction associated with that project. In 1997, a proposed amendment to the existing Minor PUD was submitted to Eagle County and referred to the Town for comment (Exhibit D). That amendment proposed creating an 850 space parking lot to replace the then existing 700 spaces located on the West Day Lot. The West Day Lot was projected to become the site of a relocated and improved maintenance facility for Beaver Creek Resort, something that was also contemplated within the Beaver Creek PUD established and approved by Eagle County. The proposed amendment required the construction of a bridge across the Eagle River to provide direct access to U.S. Highway B, and ultimately, to Beaver Creek Resort. Also conceptually sited on these plans was a proposed gondola to access Beaver Creek Village, although specific plans and timing on the gondola were not developed in any detail. After several informal discussions with the Town as a result of the proposed PUD amendment submitted to Eagle County and general consensus that there existed a mutual benefit to both annex and zone the property in the Town of Avon, Vail Associates Investments, Inc. ("VAI") applied for annexation and PUD zoning of the Confluence property in July 1998. On August 25, Town of Avon Community Development (970) 748-4030 Fax (970) 949.5749 (( I The Confluence PUD- AmenL...:nt to the 1998 PUD approval Page 4 of I S October 18. 2005 Planning & Zoning Commission meeting g 1998, the Town Council approved Ordinance No. 98-18, annexing the Confluence property into the Town of Avon The approval process included three elements: annexation, special district formation and zoning. In order to form the two special districts needed to facilitate the infrastructure development and sales tax rebates, VAI requested expedited annexation and zoning- the key details of which are summarized later in this report. Consequently, the annexation ordinance was passed as an emergency (no second reading required) and the PUD zoning included development standards only. The stated intention of the Development Agreement and zoning was "to complement the adjacent town center developments, future developments and expansions and to provide a variety of uses on the Confluence such as lodges, commercial establishments and offices In a predominantly pedestrian environment." It should be noted for clarity that VAI applied concurrently for PUD zoning for Lot C, now under construction as the Sheraton. Because of the concurrent applications, the Development Agreement includes both Lot C and the Confluence, as do the two Metropolitan Districts. VAI has since sold Lot C to Vistana, Inc., who subsequently applied for and received PUD Development Pian approval on Lot C and amended the development agreement as a result. Chronology and Summary of Confluence Annexation and Zoning (1998) August 25. 1998: Resolution 98-54, Approving Petition for Annexation and the Annexation Agreement. Ordinance 98-18, (an Emergency Ordinance) Annexing the Confluence. September 22, 1998: Resolution 98-56, Approving the Consolidated Service Plan for the Confluence and Avon Station Metropolitan Districts. October 27. 1998: Council approved Ordinance 98-20, Establishing PUD Zoning and Development Standards. Key Development Standards: The PUD zoning conferred rights for a dense, mixed-use development including lodging, commercial, restaurant, conference center, transportation facilities and employee housing units. The PUD Zoning Ordinance approved development standards allowing: - 40,000 sq. ft. commercial floor area and 456 dwelling units, equivalent to 24.9 units per acre (By comparison, Town Center zoning permits 30 units per acre). - 70% building lot coverage. - 75400t building setback from the Eagle River. - Maximum Building Height: 10 feet below a plane projected horizontally from the roof of the Avon Center building, not to exceed 120 feet. Parking Standards specific to the property. Before any development can occur on the site, VAI must submit and obtain approval for a PUD Development Plan. The process includes hearings before P&Z and Town Council and action by ordinance (Section 17.20.110 of the Zoning Code). 1998 Development Agreement Requirements/Entitlements: The 1998 Development Agreement Is attached (Exhibit D); however, a summary of both entitlements and requirements is as follows: Employee Housing. Number of units equivalent to 10% of total dwelling units on or off site, but within Town. Hurd Lane: Access limited to one way, right -in only and the bridge connecting to Hwy 6 is to be completed before any certificate of occupancy is issued on the site. Town of Avon community Development (970) 749.4030 Fax (970) 949.5749 The Confluence PUD- AmeL,ent to the 1998 PUD approval { October 18, 2005 Planning & Zoning Commission meeting Page 5 of IS Vesting: The agreement includes a provision regarding vested rights for the project for a period of 35 years. Conference Center: A 15,000 square foot conference center is to be constructed in two phases, the first of which is to commence by the time a permit is issued for the 100th dwelling unit. The second half is to commence with the 200th dwelling unit. Pedestrian Overpass The applicant is required to provide a pedestrian overpass connecting the Confluence with the Town core area, to be constructed with the first phase of the Conference Center. The design, location and other details are,to be determined by VAI and the Town. Any disputes regarding this matter are to be resolved by arbitration. Fire Station Expansion: VAI will pay the Town $160,000 upon issuance of the first Certificate of Occupancy for the project. Water Rights: VAI will convey to the Town sufficient water rights and water storage rights to make up increased water requirements beyond the current Water Augmentation Plan. Tax Rebates: 75% of sales tax generated on Lots C, B and the Confluence, plus 50% of Real Estate Transfer Tax for the first sale of each timeshare unit, are to be rebated to the Special District. Water: The developer responsible to bring additional water as a result of a submitted water study for the site. Proposed Development Site Plan and Work Session Discussion (2001): In 2001, VAI submitted a proposal called the "Landing at Avon" that included a 400 car parking lot and bridge to Highway 6, a conceptual pedestrian overpass, a conference center and, a gondola, and other items permitted by the PUD zoning approved in 1998. The site plan was extremely dense in format, largely as a result of the proposed surface parking that consumed over 1/3 of the property (Exhibit E available at meeting only). After work sessions with both the Planning and Zoning Commission and Town Council in early 2001, VAI withdrew the application before it was complete and accepted for public hearings. Town Council was asked to contribute $6 million to the construction of the gondola- which largely followed the same routing as the newly constructed Beaver Creek Mountain Express lifts and terminated at the top of Strawberry Park -without identifying how that contribution was justified to the Town or stimulated the economic vitality the Town wished to achieve in the Town Center area. Additionally, staff was concerned that such a justification would be hard to achieve considering that the primary access for the proposal continued to rely on a bridge to Highway 6 and did not create real connectivity to the Town Center. Beaver Creek Resort Improvements and Proposed Development Plan and PUD Amendment (2003/2004): In 2003 and 2004, the Beaver Creek Resort Company made significant improvements to the available day skier parking through the addition of a new parking lot (the Woff Lot) and physical Improvement to the west lots (Bear Lot). Perhaps more significant was the construction of a new two stage portal to Beaver Creek Resort from the old maintenance facility- known as 'Tin City locally. TWO high speed detachable quad chairs, the Lower and Upper Beaver Creek ("BC") Mountain Express lifts, allow day skiers the option of quick access to the top of Strawberry Park Express lift, and as a result, Beaver Creek Resort. The Lower'BC Mountain Express lift terminates approximately 1000 feet above the Ritz Carlton in Bachelor Gulch, and allows easy access to the to the Upper BC Express which terminates at the top of Strawberry Park. To facilitate the increased number of skiers accessing the resort from this new portal, physical improvements Town of Avon Community Develapmem (970) 74&4030 Fax (870) 949-5748 The Confluence PUD- Amend,..;nt to the 1998 PUD October 18. 2005 Planning & Zoning Commission m h of 15 were made to the Beaver Creek Mountain Expressway that brings guests to the Red Tail Camp area- where the Birds of Prey, Grouse Mountain, and Larkspur Lifts converge. It should be noted that for the 2005/2006 season, the old Larkspur Lift has been replaced with a new high speed quad chair. Finally, the 'Tin City' site itself (now termed the "Beaver Creek Landing"), which for years has served the purpose of a maintenance yard, has been sold to East West Partners and will be constructed as approximately 50 whole ownership condo units with a small coffee shop ("Starbucks"), lift ticketing windows, and small ski rental/support retail space. The application submitted by East West Partners is in many respects a response to the improvements undertaken the last several years by the Beaver Creek Resort Company to create a new portal and increase options for overall mobility and parking. While the requested amendments to the 1998 agreement and vested rights appear extensive, they are clearly a response to changed conditions both in the Town of Avon and the Beaver Creek Resort. Summary of proposal Staff is outlining below the twelve major components of the new land use plan for the Confluence in summary form for reference purposes only. Please refer to the application submitted for specific details of each area highlighted below. 1. Land Use Plan: The proposed amendment features a mix of land uses which include whole ownership and timeshare residential uses, standard commercial uses — restaurant, bar, caf6, wellness facilities, ski shop, ticket office, ski school, etc, and public improvements — gondola (high speed 8 person cabin) and public plaza. The applicant has provided a table (see application) which outlines these uses and keys them to specific proposed locations on the illustrative site plan. The proposed high speed gondola is expected to connect the Confluence property with the Lower Beaver Creek Mountain Express chairlift at the Beaver Creek Landing site (site plan and perspectives of the Landing site attached as Exhibit H). The proposed gondola would have capacity to convey 1,200 skier/snowboarders per hour. The Land Use Plan also includes two at grade railroad crossing to create the required connectivity to the Town. The developer has proposed these crossings to replace the existing requirement for a separated grade pedestrian crossing over the tracks. As of the date of this report, the at -grade crossings are under review for approval by the Public utilities Commission ("PUC"). It is the reasonable expectation of both the Town and the applicant that these crossings will be secured. However, In the event the crossing are not successfully acquired, the site plan would need to be amended to reflect either an above grade or below grade crossing. The site plan as submitted would require a subdivision variance for exceeding the maximum length of a cul-de- sac if the crossing were not made available. While staff does not anticipate the proposed site plan to be significantly altered should a separated grade crossing be required, we must be long term in our thought process and protective of the community's interest in connectivity to the project by allowing enough flexibility in our site plan review to accommodate a future separated grade crossing. The table below represents the quantity and type of land uses that are included in the approved PUD compared to the proposed PUD. The residential density of the project remains 24.9 dwelling units per acre. Town of Avon Community Development (970)748-4030 Fax (970) 949- The Confluence PUD- Amet%...,ent to the 1998 PUD approval (. October 18, 2005 Planning & Zoning Commission meeting Page 7 of 15 Land Use UnitsSquare Height Units Square Height Feet Feet Whole 460; 3%% 120 160 85ft. ownership DU'p$�^ (condo or town home) Timeshare 120 120 100ft. Hotel "- 120 140 DU's 13011 (260 keys) Commercial 40,000 120 20,000' Standard Employee 46 120 pay in lieu Housing 600,000 • r,_ _• ..y.._.o 'wMUo is Woaeu vn a rnmimum gross ieassaoie poor area, there may be up to 40,000 square feet of commercial. Perhaps most important to discuss in this initial hearing Is the proposal by the applicant to construct the hotel- the keystone of the entire proposal- only if "economically feasible". We would encourage the Commission to thoroughly discuss the minimum and maximum size of the hotel and request that the applicant commit to building it as a first phase of the project. 2. Design and massing. The applicant has provided both a digital and physical massing model to demonstrate the proposed massing, scale, and orientation of the buildings. These models will be available during all scheduled public hearings (Exhibit F). The existing approved PUD allows for a maximum building height for thi entire site to be within 10 feet of the top of the nearby Avon Center, not to exceed 120 feet. Staff has asked the applicant to establish maximum building heights for each of the buildings proposed in this PUD amendment (hotel—130ft, timeshare — 100ft and whole ownership — 85ft) as measured from the existing or proposed grade, whichever is more restrictive to be consistent with our building height definition and methodology. Staff suggests that the design and minimum widths of all public ways including river trail and all public walkways needs to be specified on the preliminary site plan. Additional items for discussion may include: the orientation and building location relative to existing viewshed corridors within the Town, requiring the Leeds Building Design proposed for the entire project, proposed lot coverage relative to density, and a process allowing flexibility with respect to the location and size of the whole ownership buildings on the west side of the site however meeting the goals of the Town in terms of scale and setback from the river and riparian environment. Staff will prepare a condition relative to adjusting the -building location, massing, and scale, for flexibility of the whole ownership potion of the site for discussion at subsequent hearings. We recommend the Commission focus on the relative massing and scale of the site as a whole, and note individual building conditions that require more attention to achieve and conform to the goals of the Town in terms of height, scale, and visual connectivity to the Town Center. Town of Avon Community Development (870) 749.4030 Fax (970) 949-5749 r The Confluence PUD- Amens,",ent to the 1998 PUD approval Page 8 of I S October 18 2005 Planning & Zoning Commission meeting B 3. Commercial and meeting space: The applicant is proposing a minimum of 20,000 square feet (40,000 square feet maximum) of commercial space which would be located on the ground level Of the public plaza area. Within the hotel, the applicant is proposing 5,000 square feet of meeting space. The proposed meeting space is in lieu of the current requirement to provide a 15,000 square foot conference center. The Commission should discuss whether or not the commerciaVretail space is sufficient in terms of scope and position in the proposal. 4. Water Rights: A condition of the current development agreement states that a water consumption and augmentation study is required to determine maximum water demand. Staff would defer estimating future water needs until this study has been made available and reviewed by the Town's engineering staff and water attorney. At this point, the proposed development agreement indicates that the developer will purchase water from the Town. This assumes the Town has availability of water rights, which has also yet to be determined. Nonetheless, the applicant intends on providing the required water to serve the project. 5. Employee Housing: The current development agreement requires the developer to provide employee housing (either on or off property but within Town) at a rate of 5 employee housing units for every 50 dwelling units built. The current proposal states that to satisfy the Town's need for employee housing, a pay in lieu fee in the amount of approximately $600,000 (i.e. $20,000 for every 15 dwelling units constructed, or an equivalent of approximately $1,300 per unit). Staff's understanding of the development agreement is that the Incremental fee would not be payable until the building permit is issued for each 15 units, and we have a strong concern that the fee proposed does not relate or show adequate nexus to the savings the developer will realize -as a result of removing the physical construction requirement for employee housing. We encourage the Commission to discuss the issue thoroughly so that we can address the Issue in a manner that does not create an employee housing burden that is solely the Towns to solve. If the consideration is made to accept the pay in lieu fee, staff would recommend that Council establish an employee housing fund in the CIP program and use this fund for public/private partnerships- including those in the core of town. For example, the employee housing conceptually located on the proposed parking garage (2004 Main Street Preferred Alternative) may create new opportunities for residential units that are required to be owner occupied and price capped. B. Connectivity with Town Center: As already discussed, the application is proposing to remove the requirement for a separated grade crossing in lieu of the 2 at grade crossings that the Town has applied for. While the two at -grade crossings are clearly the preferred means of connectivity to the Town Center, we should consider the possibility that an application may be made in the future to close one or both of these crossings. As remote a possibility as that may be, the site plan should provide adequate area to construct a separated grade crossing in the location of the Town transit center since this crossing is most Important physical and visual connection to the Town Center. Wayfinding and the visual connection to the gondola from this particular crossing is of paramount importance, and the Commission should consider whether or not the proposed Timeshare building (west) and proposed location of the main public plaza enhances or detracts from this aspect of the proposal. 7. Connectivity with River. A prominent feature of the land use plan includes the existing trail system and connection to the Eagle River. As proposed, the applicant is requesting to reduce Town of Avon Community Development (970) 748-4030 Fax (970) 949.5749 The Confluence PUD- Amen,.aent to the 1998 PUD approval October 18, 2005 Planning & Zoning Commission meeting Pave 9 of I the existing setback from the River from 75' to 50'. Staff has made a request for comments from the Colorado Department of Wildlife and ECO Trails. Staff expects to receive comments relative to maintaining and/or enhancing the connectivity with the Eagle River. Staff will defer until those comments have been received, but encourages the Commission to consider whether or not the setbacks are appropriate to the site and encourage an efficient land use pattern that respects and protects the riparian and river environment. 8. 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 would ask that the applicant to be prepared to discuss the range of incentives with the Commission and whether the incentives proposed are adequate to ensure a high rate of occupancy and encourage 'hot beds' as desired. A Parking: Staff has prepared a table below which outlines the existing, proposed, and Town required parking standards. Staff would suggest that the Commission discuss whether the development should be included In the TC District and contribute to the parking therein, or is the project self-sufficient and the standards acceptable as presented. 10. 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, ft 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 provide a separate analysis by THK that is intended to demonstrate the potential market effects of the installation of the gondola and connectivity to the Resort (also included in Tab 13). It is critical to the Commission's 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 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. Please note and consider that the project phasing proposed reflected in the build- out analysis and modeled by the Town is not Incorporated Into the proposed phasing plan by the applicant, and we would encourage the Commission discuss the importance of construction and build out phasing with the applicant. Town of Avon Community Development (970) 748-4030 Fax (970) 94&5749 Required rkina Comparisons Land Use EXIat/n PUD Proposed PUD Town Code Condo/Town home 2.0 per unit up to 2BR .5 per add BR 1.2 per unit 1.5 per 1 BR, 2 all others Hotel 1 per room 1. per studio, 1.2 per Condo 1 per 1 BR, 1/2 space per add BR Timeshare .6 Der BR .75 per BR 1.5 Der unit 1 per 600 sq. ft. Commercial 5 Per 1.000 GLFA 5 Der 1000 GLFA Employee Housing .5 Der BR Guest Parking 10 spaces when > 25 units 10. 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, ft 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 provide a separate analysis by THK that is intended to demonstrate the potential market effects of the installation of the gondola and connectivity to the Resort (also included in Tab 13). It is critical to the Commission's 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 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. Please note and consider that the project phasing proposed reflected in the build- out analysis and modeled by the Town is not Incorporated Into the proposed phasing plan by the applicant, and we would encourage the Commission discuss the importance of construction and build out phasing with the applicant. Town of Avon Community Development (970) 748-4030 Fax (970) 94&5749 The Confluence PUD- Amend. October 18. 2005 Planning & Z .nt to the 1998 PUD mint Commission m 10 of 15 Also in the case of this application, 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 and an annual contribution of approximately $200,000 to the operating expense of the gondola and the public restrooms. Please see Tab 2 of the application for a specific description of proposed areas of Town financial contribution. 11. Environmental., The applicant has provided an Environmental Impact Report that summarizes the short and long term Impacts of the development, as well as characterizes the types of habitat and presence of threatened, endangered or, sensitive species on the site. There appear to be no significant long term impacts, and the application will result in a small (.04 acres) loss of wetlands by impact of gondola construction that will be mitigated on site per the approval of the US Army Corps of Engineers. 12. Technical/other. Staff would recommend that in the event a new PUD site development plan and development agreement are approved, we create a simplified amendment process for PUD amendments in the PUD guide and specify what level of amendment requires a public hearing process. Likewise, there are several issues regarding access permitting from CDOT for both the Avon Road access and the Air Right Lease over Highway 6 which require clarification. Referral Agent Comments: Below Is a list of referral agents and comments noted, where received thus far. Staff anticipates having a complete list of referral agent comments by the second hearing. 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 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. Eaale River Fire Protection District No comments have been received at this time regarding the request for comments. Vail Resorts Development Company 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. Town of Avon Community Development (970) 748.4030 Fax (970) 848.6749 The Confluence PUD- AmenL....nt to the 1998 PUD approval t. .October 18, 2005 Planning & Zoning Commission meeting Page I I of 15 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 Deelan 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: 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: 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. 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. Town of Avon Community Development (970) 748-4030 , Fax (970) 949.5749 The Confluence PUD- Amendi..-,u to the 1998 PUD October 18, 2005 Planning & Zoning Commission in 12 of 15 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. 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. Conformance with the 1996 Comprehensive Plan goals and objectives. The table below itemizes the policies included in the 1996 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) 746-4030 Fax (970) 949-5749 Compliance Land Use Policy A1.1 Development and redevelopment will be of a scale and intensity appropriate for the neighborhood in which it Is located. X Policy A1.3 Flexible zoning such as Planned Unit Developments (P.U.D.) should be encouraged where it results in more effective use of the land. However, such X 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 A2.1 Parcels of land to be annexed will be master planned, in conformance with the Land Use Plan and Design Standards, and X clearly show physical, visual and functional connections with the existina Town. Policy A2.4 The Town will, to the extent practicable, coordinate its land use policies and regulations with other local lurisdictions. X Policy A3.6 Encourage mixed-use development throughout the community, where compatible with existing neighborhoods, to X more eff Iclently use land. Policy A3.8 The Eagle River should be maintained as a riparian corridor. New development and redevelopment should be compatible with X the riparian environment. COMMUNITYAND ECONOMIC DEVELOPMENT Policy B1.2 Commercial areas will be supported through creation and maintenance of effective vehicle access and parking,transit X Town of Avon Community Development (970) 746-4030 Fax (970) 949-5749 r � The Confluence PUD- Amenn... :nt to the 1998 PUD approval pa 13 of I S October 18, 2005 Planning&. Zoning Commission meeting Page Town of Awn community Development (970) 748.4030 Fax (970) 949.6749 services, all -season pe designngs and public ways, will be des Mnand maintained to effectivelommodate persons who are tempor permanently impaired iht, hearing, or mobility, dependent onlchairs, crutches, or other formechanical assistance. Policy Establish the Town Cerea 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 C1.4 compatible in de -sign, scale and use with existina nei hborhoods. 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 frau the rest of the community. Policy The Town will encourage and, to the extent X C2.4 practical, participate in development of affordable housin . 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 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 Town of Awn community Development (970) 748.4030 Fax (970) 949.6749 The Confluence PUD- Amendi,._.a to the 1998 PUD October 18. 2005 Planning & Zoning Commission m 14 of 15 • Conformity and compliance with the overall design theme of the town, the sub -area design recommendations and design guidelines of the Town. • Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. • Uses, activity, and density which provide a compatible, efficient, and workable relationship with surrounding uses and activity. • Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. • 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. • A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. • Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. • 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. • Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. • 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. Town of Avon Community Development (970) 748.4030 Fax (870) 949-5749 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 15014 New annexations and development will X G1.4 include or otherwise contribute to land for trails open space and recreation purposes. • Conformity and compliance with the overall design theme of the town, the sub -area design recommendations and design guidelines of the Town. • Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. • Uses, activity, and density which provide a compatible, efficient, and workable relationship with surrounding uses and activity. • Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. • 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. • A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. • Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. • 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. • Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. • 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. Town of Avon Community Development (970) 748.4030 Fax (870) 949-5749 The Confluence PUD- Amend,! .it to the 1998 PUD approval l Page IS of IS October 18, 2005 Planning & Zoning Commission meeting g • That the PUD or amendment to PUD requested provides evidence of substantial I 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 r entitlements cannot achieve. 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. 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. if Mg. Staff recommends that the Commission spend adequate time understanding both the history of the Confluence PUD and project site, the current application proposal, and the relationship that the proposal has to Town goals, policies and objectives. We would recommend that the Commission formulate questions and considerations for both the applicant and staff on any of the twelve principal discussion areas of the proposal we have outlined herein, also suggesting whether or not there are additional areas that we need to cover in detail for the subsequent meetings and prior to developing an overall recommendation on the project. 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. :Mb, 'tted, Al CP Director c Heidemann, AI Senior Planner Attachments: A. PUD Application dated August 8, 2005 B. Location key for surveyed points C. Ordinance 98-20 & Approved Development Agreement D. Eagle County Confluence Phase II Minor PUD site plan E. 2001 Confluence Proposed Development Plan (available at meeting only) F. Proposed massing model (available at meeting only) G. Draft Comprehensive Pian District Policies H. Beaver Creek Landing Perspective & Plan I. Eagle County Referral Comments Town of Avon Community Development (970) 748.4030 Fax (970) 949.5749 � r •� fi � c A� � ' f i `� i i r1� �., ,/ ° � // � i / 5�. 1 / - N, O �; n1 \ i� J ,... L l� _� i� i .�',�, /, t / i...—, - i � / � I r. r__. � /: /%,' /' +� fir"--.-_ iJ--_}i .. /, r /,/7 �._, �� �' i ' � L-- �� I � � �' , ,. T i Z�� / .� - ..1. ,T � / `� // yf,/ / / p. !, '' / � .G ,�%� ��, _ �' =,��- /� s �;.' /�� I �� � , � , TOWN OF AVON ORDINANCZ NQ"•20 J SZRMS OR 199!! AN ORDINANCE ESTABLISHING PUD ZONING AND DEVELOPMENT STANDARDS FOR THE CONFLUENCE, TOWN OF AVON EAGLE COUNTY, WHZRZAS, Vail Associates Investsmots, toe. has Bled an application for PUD Zoning including eaubtiahment of Development Standards: sad WEMRZAS, the Town has waned this ptopaty pennant to the provisions of the Town of Avon Otdlas oee Number W 10 (the "Annotation Otdimmc*'). cad WHZAZAS, the Town has speed to aateblish zoning for the Property in aeeordeoce with the Development Agreement; and WHZRZAS, the proper posting, publication and public notices he the hnrinp belbro the Finding A Zoning Commission of the Town of Avon were provided sa requited by law; and WHZRZAS, the Planniog & Zoning Commiuionof the Towo of Avon held a public hearhtg, at which time the applleam s el the public were given an opportunity to express their opinions and present cauda mb m don and reports regarding the proposed aaeodmeat and WHZRZAS, following such public hewing, the Planning At Zoning Commission forwarded its repast aid recommendadea on the proposed PUD Zoning and Development Snndwds to the Town Council of the Town of Avon; and WHZitZAS, atter notices provided by law, this Council hold a public hearing on the 27th day of October, 1998, at which time the public was given an opportunity to express that opiniow regarding the proposed ammdme t; aid VtEEKRZAS, hued 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. That the hearings before the Planning A Zoning Commission and the Town Council wen both extensive and complete and that all'patinent facts, matters and issues were submitted at Thom hearings. 2. The PUD Zoning and Davelopmeot Standards are consistent with the Town's Comprehensive Plan. 3. Adequate facilities are available to serve development for the project's type and scope. wtrseavaavaeSeRVaeeotaxa.wanaaaatrmsr.�&n Final 10117/98 or otherwise. Because the Town of Avon collects its own taxes, it also has authority to rebate • taxes collected or grant credits to taxpayers for fees collected by Owner ad Shapiro within certain geographical areas. Further, the Town may allow Owner or qualified non-profit corporations to tolled such fees. Because such fees will not be collected by the Town and will not derive front the Town, and because all rebates due hereunder shall be subject to annual budget appropriation,,the rebate of taxes by the Towq the grant of taxcredits by the Town, and the collection of fen by qualified corporations in Gets of such taxes AO not be multiple Sad Mr conuactud undertakings of the Town and shall not be a tax policy change directly causing a rad tax revenue gain to the Town which would otherwise require electoral approval FA ej 114 A A NOw, TMERF.FFOR$, in consideration of the premises set forty above, the terms, conditions and covenants set forth in this Agreement, and other good and-vehiable consideration. the receipt, and sufficiency of which are hereby acknowledged. Owner and the. Town agree as follows ARTICLZ I DEFINPI'1ONS AND GENERAL PROVISIONS 1.0 py$a1S1Q� The following tam and references shall have the meanings set forth • below unless the context in which they an used clearly indicates otherwise: 1.1 Affordable Housinsr_ Housing where the occupant is paying no more than 30% of gross income for gross housing costs, including utility costs. 0 1.2 Annexation AgmmenL The conditional Annexation Agreement affecting the Confluence Parcel approved by the Town on August 2S. 1998. a copy of which is attached to this Agreement as Exhibit B. 1.3 Confluence The parcel of unimproved real property described on Exhibit A-1. 1.4. CCoo Uprehensive Plan The Avon Comprehensive Plan adopted by the Planning and Zoning Commission of the Town on November 5, 1996. 1.5 Development Standards As defined in Section 3.2. The Development Standards pertaining to the Confluence are attached hereto as Exhibit C-1 and the Development Standards pertaining to Tract C are attached hereto as Exhibit C-2. 1.6 j?jdgjgl/ Shall mean Confluence Metropolitan District and Avon Station Metropolitan District approved by the Town to serve the Property and Tract B. 1.7 dwelling Un k As defined in Section 17.08.270 of the Municipal Code. 12 Final 10127199 granting of tax credits to assist with the equitable sharing of costs associated with development , of public Ncilitiea F. The Property and Tract B are expected to contribute substantially to the economic growth of the Town and consequently will increasb fluturs tax revenues to the Town The Town desires to satisfy the condition of annexation of the Confluence by execution and performance of this Development Agreement affecting the Confluent% Tract C and Tract B in order to provide for orderly growth in and around the Town and to increase iti tax revenues. Owner, Shapiro and the Town desire to provide for a tax rebate mechanism so that Owner and Shapiro may use the rebate revenues or other fees imposed in lieu of taxes to assist in financing the public facilities that will be required by the Property and Tract B which will beneRt the Town. 0. The Town may agree to rebate taxes to the Districts subject to discedonasy annual budget appropriations by the Town which, if not made by the Town, will substantially impair the ability of Owner to develop the Property, will substantially impair the ability of Shapiro to develop Tract B, and which failure to appropriate shall be deemed to be a l3rilure of a condition to annexation of the Confluence resulting in a contractual right of Owner to disconnect the Confluence bow the Town. A The legislature of the State of Colorado adopted Sections 24-69-101, is tom. of the Colorado Revised Statutes (the "Vested Property Rights Statute') to provide fbr the establishment of vested property'rights in order to ensure reasonable certaiaty, 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 fbster cooperation between th6 public and private sectors in the area of lanWuse planning; said Vested Property Rights Statute authorizes the Tom to enter into development agreements with landowners providing for vesting of property development right. L 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. J. Development of the Property in accordanca with this Agreement wig provide for orderly growth in accordance with the policy and goals set fortht in. the Comprehensive Plan, ensure reasonable certainty, stability and fWmesa in the land use planning protest, stimulate economic growth. secure the reasonable investment -backed expectations of Owner, foster cooperation between the public and private sectors in the area of land use planning, and otherwise achieve the goals and purposes for which the Vested Property Rights Statute and Chapter 17.14 of the Municipal Code were enacted In exchange for these benefits and the other benefits to the Town contemplated by this Agreement, together with the public benefits served by the orderly development of the Property, Owner desires to receive the assurance that it may proceed with development of the Property pursuant to the terms and conditions contained in this Agreement. K The Town's authority to enter into this Agreement stems from the power vested generally in Colorado municipalities to address matters of local concern by contract, ordinance Final 1.0/271% • DEVELOPMENT AGREE1 MMT Confluence and Tract C THIS D1i vnopMENf AGREEMENT (this "Agreemeno is mach and entered into as of October 27, 1999 by sad between Vail Associates investments, Inc., a Colorado limited liability company .(hereinafter "Owner Avon Commercial Center Ltd, a Colorado limited partnersbi% Shapiro Development Co., general parmet, or Wigns (hereinafter "Shapiro? and the Town of Avon, a municipal corporation of the State of Colorado (the" Tows'). RECITALS A. Owner is a limited liability company, duly organized and in good standing under the laws of the State of Colorado. Shapiro is a Colorado limited partnership, duly organized and in good standing under the laws of the State of Colorado. B. -owner owns a parcel of real property conditionally annexed to the Town and generally referred to as the "Confluence" as mora particularly described in Exhibit All attached to this Agreement (the "Confluencel. In addition, owner owns a parcel of real property in the Town generally known as "Tract C" as more particularly described in Exhibit A-2 attached to this Agreement ('"TractC). Shapiro. owns a parcel of red- property in the Town generally known as Tract B" as more particularly described in Exhibit •A-3 attached to this Agreement • C. Owner desires to develop the Confluence and Tract. C as mixed use developments (the parcels referred to collectively as the "Property") which may include. among other uses, lodging restaurant, retail, parkin& public facilities, open space, offlcq commercial, conference center and other uses. Shapiro desires to develop Tract B pursuant to the terms of a separate agreement and desires to avail itself of the provisions of Article V of this Agreement to aid in such development for the benefit of the Town and Shapiro. D. A condition of annexation of the Confluence was the succesafitl negotiation of a "Development Agreement" concerning the development of the Propertik fkiling which. the Confluence shall be disconnected from the Tower A significant element of the negotiations affecting the Properly is the zoning of the Property for which Owner has submitted a Zoning Application to the Town for the.Coniluence and a separate Zoning Application fbr Tract C. The Town and Owner acknowledge that this Development Agreement properly addresses matters related to Tract C and Tract B notwithstanding that execution hereof is a condition to. annexation of only the Confluence: E, The Town has authority to zone and govern development of the Property in accordance with this Agreement, the Comprehensive Plan, the Confluence PUD, the Tract C PUD (as such tenni are defined herein), the Municipal Code, and other applicable Town requirements and polices. Furthermore, the Town has authority to agree to the vesting of property development rights contenting the Property, the creation of special districts to provide public facilities relating to the Property, the rebate of sales and other taxes which would normally • be collected as a result of taxable activities occurring on the Property, and on Tract H. and the EX H®1T A TO TOWN OF AVON ORDWANC6 90.30 The ?UD Plan" u that teim is used in the &oohed Ordmaw^ shall left to wh of Mowing doeum®u couecdVVlr. t. Ptanoed Unit Mmdepmmt Oxide for do CM&MMa and dl exhibits and appaodtcw thereto. . . 2. The PUD Dorslopmmt Plan for the CoaBnmce. wrreuVeevoaaaRVERC0UNM MANE IWSWOomfit nAn Town of Avon, Colorado Town COUDW � l&ek wcm m&yoc ,wnmvmuuaatvuvouncIL%o UNc gms, mawd, NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCH, OF THE TOWN OF AVON, COLORADO, Chats The PUD Zoning and DeveloI - i Standards and Development Agtemml are hereby approved subject to the lbflowbtg eondidow: I. Davelopmant may occur on title site only in conformance with a ate -specific Development Plan (refared to basin n a PUD Development Plan), reviewed and spproved by the Town through a separate application and review process pumusnt to Section 17.20.1 l0 of the Avon Municipal Code. 2. The 100 -year flood plain and wetland bomdariss ebafl be indicated on the PUD map. 3. Deed restricted affordable housing units shall be provided with the amouw of units equal to too paaceat of the dwdit units proposed (45). The milts shell be subject to the standard muter dead restriction provisions including the Town's applicable appreciation sap. 4. Buildings shall be stepped down to the rivarfkont of othawiso protect the integrity of the river corridor in conformance with the Comprehensive Pim S. No building or portion thereof may extend above a plans 10 feat below that projected horizontally teem the tap of the Avon Center building, and in no caw shW my building be taller than 120 feet, measuring said height w defined in Tide 17 of the Avon Municipal Cada 6. Lend dedication for schools shall conform to the Town's roquiram®b in Title 16 of the Avon Municipal Coda 7. Building scdmb shW be 20 few Bora the assess property (Avon Road), 10 fad tom the northern property line, sed 73 few tom the river corridor Any modifications can be reviewed in conjunction with the PUD Development Pim approval process. S. Consistent with the 1996 Transportation Plan Update, public right-of-way will be dedicated through the project to correct Hund Lane with the western boundary of the property, to accommodate a Poturo connection with Millids Lassa 9. The Hud Lane entrance at Avon Road will be limited to a one-way, right -in movement Vehicles will no be pmmitted to exit the site via this routs 10. The bridge connecting the site with Route 6 will be completed prior to issuance of any Certificates of Occupancy on the site. 11. Vail Associates Investments, bo., shall enter into the Development Agreement, attached hereto as Exhibit INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 13e day of October, 1998, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the 27* day of October, 1998, at 5:30 PM in the Municipal Building of the Town of Avon, Colorado. awrsssveavu.[satvaacouncawa=AW199rX-V= we.w Final 10/17/98 1.8 Effective Date The effective date of the Town Council ordinance approving this; Agreement 1.9 E3b&b The following are Exhibits to this Agreement, all of which are incorporated by reference into and made a part of this Agreement Exhibit A.1 Legal Description of the Confluence Exhibit M2 Legal Description of Tract C Exlubit M3 Legal Description of Tract B Exhibit B The Annexation Ag<eemi t Exhibit Cl The Developmes; Standards for the Confluence Exhibit C-2 The Development Standards for Tract C 1.10 Lodging Tax. For purposes of t>"rw Agreement, Lodging Tax shall mean any municipal lodging or accommodations tax imposed by the Town pursuant to Municipal Code Ch. 3.28 or any similar code provision enacted- during. the Term of this Agreement upon any sales or rental of lodging within the Property and Tract B. 1.11 1e. Avon Town Center Mall established by Ordinance 81-11. 1.12 Muni ' al Code The Town's Municipal Coder as in effect Brom time to time. 1.13 Pro The Tract C property and the Confluence property. 1.14 MM. Planned unit development or PUD, as such terms are defined and used in the Municipal Code 1.15 Real Estate Transfer Tax For purposes of this Agreement, Real Estate Transfer Tax shall mean any municipal reel estate transfer tax imposed by the Town pursuant to Municipal Code CIL 3.12 or any similar code provision enacted during the Term of this Agreement upon sales of time share units within the Property and Tract B. 1.16 Sales Tax. For purposes of this Agreement, Sales Tax shall mean any municipal sales tax imposed by the Town pursuant to Municipal Code Ch. 3.08 or any similar code provision enacted during the Tum of this Agreement upon furnishing of rooms or accommodations within the Property and Tract B. 1.17 Sanitation District. Eagle River Water and Sanitation District 1.18 Subdivision improvement A ear emeat. An agreement guaranteeing the construction of public improvements for the Property pursuant to Title 16 of the Municipal Code. Final -10!27198 • 1.19 IMS The Town of Avon, a municipal corporation of the State of Colorado. 1.2o . Tom The Town Council of the Tows 1.21 Tim S The real property described in Exhibit AM3 attached huxeto. 1.22 Trad G. The parcel of unimproved real property descried on Exhibit A-2. x,73. Vested praoettr A16122 Statute As defined in Recital H above 1.24 .Zgrjpg. Formal and final paaspge of an ordinance and/or resolution by the Town Council confirming a zoning designation on a parcel of land as provided in the Municipal Cods. such and passage shall be deemed to occur after the passage Of any statutory or common lair period fir the filing of a petition for referendwn verse to reor nullifj j such zoning ordinance 1.25 Zoning Application The separate Toning application for each parcel comprisinX the Property. ARTICLE 13 CONDITIONS PRECEDENT; COvzXAr ; TMS AGREEMENT 2.1 Condition preceded Annexation of the Confluence to the Town was accomplished pursuant to Ordinaries No. 98-18and Resolution No. 98-54, anal the Annexation Agreement which specifically provided that said annexation would be conditional and subject to disconnection until this agreement is executed and effective. The parties hereto agree that annexation of the Confluence was in all respects in accordance with the Town charter and the Colorado Municipal Annexation Act of 1963, as amended (CAS. 4f 31-12-101, at seq.). The condition of annexation of the Confluence shall not bus deemed to have been satisfied until Zoning of the property'pursumt to Article III of this Agreement has been completed and thereafter shag be deemed to have not been fislly satisfied if the Town fails or is prevented in my way from making rebate payments or granting tax credits as sd forth herein. Until Zoning pursuant to Article III of this Agreement has been completed, this document shall constitute an offer by Owner and the Town to enter into this Agreement (notwithstanding the parties, mutual execution and delivery of this document) and the condition to annexation of the Confluence to the Town shall not be deemed satisfied Consequently, at any time before such condition is satisfied, Owner or the Town -may withdraw the offer to enter into this Agreement. If either party withdraws its offer to enter into this Agreement, this Agreement shall be deemed void and of no force or effect, the Confluence shall be deemed not annexed to the Town and shall be immediately disconnected, and the vested property rights described in this Agreement shall be deemed not established • 2.2 T.3. In recognition of the size of the development contemplated under this Agreement, the substantial investment and time required to complete the development of the Find 10127/9>1 property the poteMid fa phased develapmett ofthe Property, and the poasrble impact of economic cycles and varying market conditions during the cause of development, Ovmmer and the Town agree that the tam of this Agreement end the vested property rights establialrcd under this Agreement shop comZ ce an the Effective Date'artd shall continue ungl the 35� amuvastry of the Effective Date Rrca to the?am of this Agreetrmatantevesgppghts in the proceeding sentencnot be domed to limit a otheravise affect the rights of the Tawm desmbed is Section 62 to initiate pursue dissolution of tM Districts. After the expiration of the Taal, this Agreemat shall be deemed terminated and of no &Iha force or effect; provided, however that such termination shall not effect (a) the annexation of the Confluence to the Town;. (b) arty common-law vested rights obtained prior to such termination, or (e) any right Mising from Town permits, approval or other entitlements for the property which wee granted or approved prior to, concur * witk or subsequent to the approval of this Agrament and the Development Standards. 2 Except as otherwise set forth is this Agreement, this Agreement may be amended at terminated only by mutual consent of the Town and Owner in writing following the public hotias and public hearing procedures "r gL&ed � approval the of thin Agreenert For the purpose of "y amendment to We Agreemenk y Owner as defined hahave and those parties, if any, to whom such signatories es� eat fically � Wed, in writing by Owner, the power to enter into such amendmam. Any t any provision of this Agreement which affects Shapiro's rights to rebates ortee credits hereunder shall require Shapiro's written carmaeris 2 4 Cggqcadon in D ding I&W ChalIMMS If any legal or equitable action or outer proceeding is commenced by a third party challenging the validity of any provision of this Agreement or the Development Standards, Owner and the Town agree to cooperate is defending such action or proceeding and to bear their own expenses in connection therewith Unless the Town and Owner otherwise agree. each party shall select and pay its own legal counsel to represent it in connection with such action or proceeding. ARTICLE M ZONING. VESTED RIGHTS AND EXACTIONS 3.1 EUD Zoning_ Each parcel comprising Confluence and Tract C shall be zoned as a separate PUD as provided in this Agreement and in their respective Development .Standards (a) Development Standards The "Development Standards" set forth the guidelines for development of the Property are approved by the Town u the zoning for the property and indicate, among other things, set back distances, building height limitations, site coverage levels, development densities, allowed uses (both permitted uses by right and those permitted upon special reviews parking requirements and other guidelines and limitations for the development of the Property. Final . • 1.0/2198 (b) a r,lMel r After PUD Zoning of the Property PurguNd to Section 3•4(a), Owner and the Town shell enter into a development pias approvai •ant to which Owner and the Town shall. is a manner which is uatiforsa with and similartootherphased development approvals of the Town (and tet sta with the provisions of Section 3.4(d)) liuther Mine the Developmat Standards and designate site plant, IUDs and other detak incloding an approved Subd'ivisios Improvement ABneemestv all consistent with the Development Standards and this Agreement (conectively, "Subsequent Devdopmeat Approval.' the 3.3 i alt"Q of Prooenty Rinht� Owner and Town. agree that (a) this A �e the Devdopmeat Standards constitute an approved � 0� NihmicipalCode and as adopted vested Property Rios statute and Section 17.14.100 of the pxvjwt to therequirements Section '17.12.020 of the idtnnicipal own .Coda which the T aduo ledges hereby has been approved by proper pracedwe under the Tovvn'a charter and the municipal Code, and (b) that Owner as the legal owner of the Property shall haves vestedp rY don to undertake and oonwleta development and use. of the Property provided Agreement and the Development standards. Purstant to Section 17.14.050 of than Mumcnpal Code, approval of this Agreement and the Development Standards constduta.a vested property right pursuant to Article 68 of Title 24. C.1LS, as amended. 3.4 a== gi. gigMA Vested The rights idertified below shall constitute the vested property rights under this Agreemak (a) 'The right to develop, plan and engage in land uses within the Property in the rtuaaer and to the anent set forth in and pursuant to this Agreement and the levelopmeaa Standards. • (b) The right to develop, plan and cogage•in land uses within the property in accordance with the densities; physical development standards and other physical parameters sal fortb in the Development standards (c) The right to develop the Property in the order, at the rate and at the time u market conditions dictate, subject to the terms and conditions of this Agreement and the Development Standards • (d) The right to develop and complete the development of the Property (including, without limitation, the right to receive all Town approvals necessary for the developmead of the Property) with conditions and standards determined pursuant to Section 3.2(b)which are no mon onerous thaj those imposed by the Town upon otiter Owners in the Town on a unifoanti non' d'is"Wriatory and consistent basis, and subject only to the exactions and requirements sal forth in this Agreement and the Development Standards; provided that such conditions, standards and dedications shall not directly or indirectly have this effect of materially altering, impairing preventing, diminishing, imposing a moratorium on development, delaying or otherwise materially adversely affecting any of Owner's rights set forth in this Agreemerd or the Development Standards w Final 10/27/99 (e) The Town shall not initiate any zoning land use or other legal or administrative action that would directly or indirectly have the effect of materially altering impairing preventing diminishing, imposing a moratorium on development, delaying or otherwise adversely affecting any of Owner's rights sal forth in this Agreement or the Development Standards. 3.5 Exact (a) Access Roads Roadways within the Property shag be provided by Owner and/or one or more of the Districts which shall dedicate such roads to the Town, whereupon the Town shall weeps such roads for dedication in their then current condition and shall assume maintenance of such roads, including snow removal All such- roadways shall be constructed to the Town's normd standards fbr similar roadways, which standards shall be set forth in the Subampent Development Approval relating to the portion of the Property containing such roadways. (b) Drainag4 On site drainage ficilities for the Property shall be provided by Owner and/or one or more of the Districts to handle drainage resulting from the' development of the Property. (c) Pedestrian Overpass. Owner and/or one or mora of the Districts shall provide a pedestrian overpass (gassing the railroad line provided such railroad lite has not been vacated, in which case an appropriate pedestrian crossing will be provided) connecting the Confluence with the Town core ares. The pedestrian overpass shall be constructed along with the first phase of the couf'ere nce center as set forth in Section 3.5(4)L The desig% location and other details of the pedestrian overpass shall be determined by Owner and the Town. Any dispute concerning such matters shall be resolved by arbitration. (d) Conference Center One or more of the Districts shallconstruct a conference center facility on the Confluence as part of the development on the Confluence. Such conference anter shall contain a total of approximately 15,000 square fed and will be constructed in two phases (one half of the square footage of the conference center in each such phasa)_ The first phase of the conference carter concoction shall be commenced upon the Town's iWance of a building permit far the I Oe Dwelling Unit fbr the Confluence and shall be diligently pursued to completion. The second phase of conference center construction shall be undertaken upon the Town's issuance of a building permit for the 200° Dwelling Unit for the Confluenoo,, The twemy-mill levy contemplated by the Districts' service plan shall be utilized for construction and operation of the conference center. U connection with development of the conference center, Owner shall reserve space and/or air rights in its development for expansion of the conference center to up to a total of 40,000 square fed; provided, however, that neither Owner nor the Districts shall be obligated under this Agreement to pay for such expansion of the conference anter nor far land costs. At the Town's request, the twenty mill levy imposed by the Districts for construction and operation of phase 1 and phase 2 of the conference center shall be imposed by the Districts (after retirement of debt for phase I and phase 2) for purposes of assisting to finance the expansion of the conference center and to pay operating costs of the expanded conference center. Owner shall use best efforts to cause the Districts to issue bonds for such expansion but shall not be required to provide credit C Final 10127198 • enhancement for or purchase such bonds Owner shall use beat efforts to cause the Districts to seek electoral e►thoaizadon at a November 1999 election fbr such toads (e) Owner shall develop deed restricted affordable housing un b (earl; an "Affordable Housing Unit") within lbs Town. either an or off the Property at a rata of five Affordable Housing Unita for cub SoDwelling Units developed on the Property. As a condition to issuance by the Town of each 508 building permit (i.e, 50 101P. 150x, etc.) for Dwelling Units on the Property. Owner must establish flat it has developed or unconditionally commits to develop the required number of Affordable Housing Unita The nature and farm of the deed restrictions on suck Affordable Housing Units shall be substantially sirm'iar to that used in Other affordable bowing projects in the Towk and shall be Owner and the Town prior to immoa by the Town of a building permit �ng (f) Fee fbr Fire Station Ex N dos Owner or the Districts shall pay to the Town . sl6%000 prior to the issumm of the Bret catif3ate of occupancy for the Pro" for expansion of fire station Mulles. (a) gam. Prior to issuance of any building permit for the Propety. Owner shall grant to the Town an easement Rw an'd grade' encasing of the existing milroad tracks at the west end of the Confluence st a location and pursuant to tame reasonably aatishctory to' owner and the Towel Said easemat abaft be subject to all matters of record; including witbout limitation the railroad right of way. Owner shall lave no obligation to mate any improvements rely to such eaaemeot. Any dispute concerning the size or design of such crossing shall be • resolved byarbitration. n The Town's augmentation plan decreed in Water Divi.m Na S Case fleet No. 84CW225 allocated 5.52 cmumptive acre for the development of the Confluence (Avon Station). The allocated consumptive use was based upon the development of 200 Dwelling Uoitn. 10.000 square fed of commercial area and 1.8 acres irrigated ares The proposed Coatluea cs development will include up to 200 dwelling unite. 800 hold rooms, 40.000 square fleet of commercial area and a non-specified irrigated ares Depending upon the final development plm water requirements for the Confluence are expected to be higher that that allocated in the Town's augmentation plan. The diffi, between the 5.52 consumptive acre -f set and the water requirements far the proposed Confluence development is hereinafter defined as the "Increased Water RequiremeW (it7 Owner shall commission a study regarding water consumption and augmentation requirements related to the maximum development as allowed by the approved PUD zoning The study shall determine the Increased Water Requirements of the Confluence Said study and projections shall be subject to review and approval by the Town Upon Town approval of the water consumption and augmentation study. Owner shall, as a condition of water service for the Increased Water Requirements, dedicate and convey to the Town sufficient water rights and water • storage rights that can be used in conjunction with the augmentation plan and the storage capacity presently owned by the Town to make up the amounts needed to serve the Increeaed Water 1998 16:31 3938...+. YRU 16 w4v P� 4 rrws �a NEW 1W17M Owvsec ceinaburse the Towns Sapen+e+. inalodiny reasooab4 and aetviil . , coo and lei including wch +dditiond fie+ in tbs Town lupmbtlos to phL � VMU � bewcver. Eagle pads aaw ad cmwjtd to (16 TRsaavos water than be deemed n sad a �d4 Ther Town ahal not be required to SPPre^'d o wow under this Are 04* eats. ta in ardun wow water and rely d water right+ &I obs omP� PW to d amt bAding paw bn the CaatWeaoe The Town and Owner airs roar tor; Mall shall be oonatnrctod and Eby tWheDiaeriet+Purw.at to thaDfsaicts' SWAN pl!n Owner andl Mare no obligation to d&e> p an of my 3.6 shSll hr`!e no Minty to the Town or any other P� portion of the propria ownir and the Tows cont the do property myr be devdop'aU ac am partto suer Lnot*r dA have no alder foo mwft level say � � "d OwA� � eat orparty. as, its an er Sw P°� liability to tits Tow4 or dW other p+rtl► for its t%�r. d °P weh phw dtha Propesq: . zwept as otberwin Provided w this . rl under. this 3.7. , d vestd psoperty t�S os the Dadop� 5tanded4 estsbiisbmeat bads, of TOWS. Aain on a.uoitbrat Sad noo•disaimiodory ASWMOA IW uat prechrde the app � but uoE UpW t4 b . fu'4 P dem 1e�tbtiew d road SPP= Coder end nth. Town rules &a ropos ioosi at dw � wd a Was, twi dol, as an of such forma e>oat on the date ofCC *b Agrewmad cc msY d Am bo eoaded of amnd Sitar the dM d two � *a awke� d �WWIYf. mien�ni non" Town regwddlas &aII not directly a macatalum on development. debift or wherwlu Prow was AninishLwi. lmpc+ing a thi DevdbPmct � walI affecting aq of ownse sat forth in this or amerAmat at any Such . swdsrdt Owaer does pot waive iu richt to oppose the eaaatmeot The psejo agree that any dispute eising under this Article M shaft be 3.t the wdgs to accordance with customary rules d the Amtaicat subjcd to arbitration among P u rties. Arbitration Assoetations that shall be biodin(R pon the pa 3.9 All obligation of owner in this Agreement may be peafortaed . by the Diatric4 at Owner's electiod A$TICLT IV PUBLIC FACIIITM ' t�.Towa ahaU kava the responsibility and obligation t0 4.1 and othac administtStiw provide 4 ewnicipal services, incl-- d �tranS other ua of the Town on a uniform and o°° Services equivalmd to tines proved —V disaWnitnsy basin Find Ik7/9g • 4.2 2tjtjL,8d_aWdM The Town shall provide water service to the Prop" _Upon Owner as required for the development of the PMWI- The Towda aotifiutioo of need by ios suant to this obligation to provide water shall survive any d'mecatruad of Confluence purfar the Town Agreement or otherwiss. Water'r&gA ch"dcap'W firilities which ere neceeaary to provide water to the Properly shall be provided by Owner and/or one err more Dietricta which M dedicate rich improvements to the Town. whereupon the Tows IW accept such improvements for dedication in their then currart Condition � � to the TowMaintenancen such improvements and facilities. All such improvements 10, _ normal standards for similar fkcilitia, which standard) MA water Subsequent Development Approval rung to the portion y ng wrthia the impravemaft The Town shall charge water taP fewand usage charges to ra Property ou a uW rm. o nsto basis with other users within the Town and shall use best efforts to require Uppw Eagle Regional Water Authority, or other water service providing entity to abide by this covenant. 4.3 canna W SW(M The Propaty shall receive sa°mtatim aantr from ter Sanitation Distria The Town shall not impose rates, laso tolls or chargee ft sanitation services for the Property. ARlIC 69 V REBATE AGREEhWM S.1 Allocation of Tax sb in consideration of the performance by Owner of he • obligations under this Agreement, the Town agrees. (a) to account fbr all Sales Taxes ad Lodging Taxescollected by the Town and attributable to the property and to Tract B and (b) to rebate 75% thereof to the Districts within sixty (fes days lbllowing the end of the calendar partial Mon* if a m the case of the month in which this mouth when collected (err p PProPricte+ Agreement becomes effective or is terminated). The Town shall maintain a separate "Rebate AccMage into which such taxes shall be deposited until rebated; one for each Pukb* improvement project located within the ContluenM Tract C. and Tact B. respectively. S41h Rebate Accounts shall be separately accounted foe and shag not be used, pledged or otherwise encumbered except ss .specifically jet forth herein. As additional consideration of the performance by Owner of its obligations under this Agreement, the Town fiuthw agrees: (a) to account for ail Real Estate Tranatbr Taxes collected by the Town and attributable to the Property and to Tract B and (b) to rebate 50% thereof to the Districts within sixty (60) days following the end of the calendar month when collected (or partial month; if appropriate, in the case of the month in which this Agreement becomes efr'ectivs or is terminated). Such taxes shall be deposited into the separate Rebate Accounts as provided above until rebated. Said Real Estate Transfer Taxes shall be required to be rebated only with respect to the first sale of each time-share interest in each unit constructed on the Property or Tract B, and shall not be required with respect to any subsequent resale thereof It is the expectation of the parties that a separate series of bonds shall be issued • for each parking improvement project located within the Confluence, Tract C, and Tract B, respectively. It is also the expectation that the allocation and rebate of taxes from each separate Final 10127/98 Rebate Account as provided above be used only for paying the debt service corresponding to the , parking improvements financed and secured by future rebates ftom each Separate respative Rebate Account. The allocation and rebate of taxes as contemplated is this Secdon 5.1 shall continue to be made from each separate Rebate Account until the bonds or other instruments of indebtedness issued by the Districts sad secured by rebates from the separate Rebate Account have been paid in full However, in no instance shall the Town continue the allocation after the rebate of taxes from each separate Rebate Account beyond fifteen (15) years commencement of deposits in each Rebate Account for sed respective bond iswa The Town shall make all such allocations and deposits unless preveatW by covet order from so doing. In the event any action is commenced challenging the right of the Town to make such allocations and deposits, the Town shall notify Owner and Shapiro in writing of such action prior to the Town filing it first responsive plesuding I. such action and shall allow the Districts to pndcipeme in any defense to such action as set forth In Section 2A above. 53 • i imitation on Bonds to be Imo L . Financing on behalf Of the Districts fbr each individual parking improvement pwjed located within the Contluenes, Tract C, and Tract B, respectively, is hereby limited to two-thirds (13"6) of the estimated capital cost of the respective parking improvement being financed. 5.3 'petesmination of The Town shall provide the Districts a summary, of any Sales Tax, Lodging Tax; and Real Estate Tmnsfisr Tax collected b* the Town for each month of partial mouth with respect to the Property and Tract B that supports the amounts rebated for such month. Such summary shall be provided at the time the rebate is mads 5.4 Within one hundred twenty (120) days following the end of the each.Town fiscal year, the Teshall deliver to the Districts a final accounting of ILD sales taxes, lodging taxes and real estate t ML%r taxes collected by the Town and attributable to the property and to Tract B and the amount rebated to the Dietrich. 5.5 No Debt or Pecunigry � iabilfir No M�hiole•Fiaeel Yter Obligation All rebate payments hereunder and any other financial obligation of the Town herein in any year shall be expressly subject to annual appropriation by the Town; provid4 however, that it is the present expectation ofthe parties that the Town will maks the payments contemplated by this Agreement. The Town area that failure to, appropriate sufficient funds in any year to enable the Town to perform its obligations hereunder shall constitute, at the District' election, a fkihnre of the Town to perform this Agreement and therefbre a fitilure of a condition of annexation of the Confluence and shall permit the Districts, at its sole election, to disconnect the Confluence as set forth herein. Such rights shall not impair the Districts' right sat forth elsewhere in this Agreement The Town also agrees that failure to appropriate sufficient funds in any year to enable the Town to pgfonn its obligations hereunder shall also entitle Shapiro to the benefits of section 5.9 hereof ,None of the obligations of the Town hereunder to the Districts shall be payable from any source other than as provided in Section 5.1, and this Agreement shall never constitute a debt, indebtedness or multiple -fiscal year financial obligation of the Town within the meaning of the Constitution or laws of the State of Colorado. Find 10/27198 S.6 Aa.�deet orbs Aoorooriation of Pavmetts The Town's finance director shall • include in the budget proposals submitted to the Town Council in each year prior to termination of this Agreement, amounts sufficient to meet the obligation of the Town hereunder to the cat ide the Town shall have received such amounts, or aatiapates receiving. such unouuts tion Sales Taxes, Lodging Taxes or Red Estate Trsmfw Taxa. Thai Town hereby menu that it presently intends to appropriate the amounts under this Agreement to the tallest esttebt permitted ,by law. K Used upon an opinion of independent counsel not previously or at the time such cr d representing th opinion is deGve Districts and acceptable to the Town' it is determined that the activities under this Agreement shall be determined a Mentaprise of the Town for purposes a nature; similar to of Article X, Section 20 of the Colorado Co n itionoar eq�uired under the ctiOVIS of 1 of the State of the tranaactions provided for in this Agreement Cokuido to be subject to annual appropriation without regard to approval of any such truwcdons by the electors of the Town, this Agreement shall be refbrmed so as to delete the annual appropriation provision of Section 5.4 and as elsewhere found in this A ffeemeaL 5.7 cMe"Bea in Tax Rates. In the evert that the Town reduces the Sana Tax, Lodging Tan' or Real Estate Transfx Tax rats applicable to taxable activities on the property and Tmet 9, the calculation of the rebate percertags for rebates due to the Districts shall be recalculated oro that the. Districts shalt receive rebates throughout the terra of this agreement a if no changes in tax rata had occurred. In the event the ?own increases the Sales Tax, Lodging Tax, or Real Estate Transfer Tax pursuant to an election and the incremental increase in the tax rate is earmuked for a spatial • purpose puraumn to the ballot question that is passed by the voters; such. addition taxes resulting from the tax increase and collected by the Town applicable to the Property and Tract B shall not be subject to allocation and rebate by the Town to the Districts 5.8 Rggka and Records. Both the Town and the Districts shall maiatain adequate books and records to accurately perform and account far thew respective obligations under this Agreement. Town and District representatives shall be granted remnable accen during of mal business hours to such books and records in order to determine.compliance able with the halt use their best efforts is Agreement or the accuracy of such books and records. The parties to resolve any issues, discrepancies, or inaccuracies discovered in any review of either parties' books and records. 5.9 Ti3 GL4.ft (a) In the event the Town is prevented by binding court order from paying rebates with respect to the Property or otherwise fails to appropriate, owner shall have the option of disconnecting the Confluence from the Town as contemplated herein. An the event Owner determines not to disconnect the Confluence, or if the Town contests or otherwise fails to assure said disconnection in any way, the provisions of Section S.g(b) hereof shall be immediately binding upon the Town. In the event the Town is prevented by binding court order fiom paying rebates with respect to Tract B. or otherwise fails to appropriate, the provisions of Section S.g(b) hereof shall be immediately binding upon the Town. • 17 Final 10127t9S (b) Each taxpayer liable for Sales Tax, Lodging Tax or Real Estate Transfer . Tax on taxable transaction within the Property or Tract B shall receive t credit againat such taxes in each year equal to the total amount of the rebate which wed otherwiscollect se ha wee Brom a ve.been due from the Town. The Town shall notiEj► all persons who would typical m fees sial such taxpayer that taxes shall not be due Brom such taxpayer in an amount equal p by such taxpayer. Such credit shall be automatic and shall take effect immediately al « imed on taxpayer's return relating to the applicable tax and without any requirement other action by the Town, but the transactions and payments supporting the credit for any given year shall nevertheless be subject to audit to the acme extent, for the sane limitadon periods and in the same manner u the items which ars required to be reported on the taxpayer's return relating to the applicable tax. This Town's agreement to Start such credit shall not be considered a multiple fiscal year financialobligation of any kind. The credits contemplated in this Section shall continue until bonds or other instruments of indebtedness issued by the Districts or other eligible non-profit 'corporation acting an behalf of the Districts which aro paid by the fns received from such taxpayersvebeen paid in fiM es that a and notice thereof hu been delivered to the Town. It is the expect the pardIe. C that a separate series of bonds shag be issued for Confluence parking improvements,sum credal unless improvements and Trad B puking improvementa. The Town shall girt any action is commenced challenging the prevented by court order Brom so doing. In the even right of the Town to grant such credits, the Town shall notify Owner and Sbapiro in writing of such action prior to the Town filing its first responsive pleading in such action and shall allow the Owner and/or Shapiro to participate in any defense to such action as ad forth in Section 2.4 above. The Town agrees that it shall take no action to prevent. and shall not fill to take any action necessary to allow. Owner andlor Shapiro, or coons they organize, from imposing and/or collecting fees as contemplated herein. 5.10'a,;,°t Challenge to T•_= AQreemect .In the evert any agreement contained herein regarding taxes is ever the subject of a suc cessfisl legal challenge, the Town shall diligently resist such challenges in cooperation with the Owrur as act. forth in Section 2.4 above. If such challenges are successful in any material way. the Town shall undertake such curative actions as are necessary to attempt to fully restore the benefits of this Agreement to each of the pasties. 5.11 Tows Dem&L The Town may make other deposits from any other taxes or funds of its own to the rebate accounts 5.12 Town Exoensea Upon receipt of an invoice from the Town, the Districts shall pay the reasonable expenses of the Town for calculating and administering the rebates hereunder. ARTICLE VI SPECIAL DISTRICTS 6.1 j ecid Districts The Town agrees to take all reasonable action necessary to approve an amendment to the service plan for the Districts to conform to the financial provisions of this Agreement and to permit the Districts to form qualifying non-profit corporations to carry Find 10/27/98 • out the purposes of this agreement and the amended service plm. The Man sball be included in The Districts at the reg4est of the Tow& Is additio4 properties known as Avon Town Square, Lot 619 and other properties maybeincluded in the Districts upon reasonable terms and conditions. 6.2 nhRh8W1 of Districts. Dissolution of the Districts shall occur in the manner set forth in the service plan for the Districts and in accordance with the provisions and procedures sat forth in C.R.S. 44 32-1-701, et seq. as in cfrect as of the date of this Agreement ARTICLZ VII DEFAULTS, REMEDIES; AND TERMIIYA"ON 7.1 Defih �k Town. A "brachy or "default' by the Town under this Agreement shall be defined at, (a) any =gig. land use or other action at inacdoq direct, indirect or pursuant to an initiated measure. taken without Owner's consent: that materially alter, impairs. development, del prevents, dnmmisha, imposes a montomun on delays or otherwise materially and adversely affects any development, use or other righb of Owner under this Agreement or the Development Standards or PUDK or (b) the Town* fiuhnre to lihlfdl or Perform any material obligation of the Town contained in this Agreement 7.2 Defbuk by Owner.. A "breach" or'de&W by Owner shall be defined as Ownees • failure to fulfill or pufbrm any material obligation of Owner contained in this Agreement. 7.3 *aia �, es of Deflh In the event of a ddk& by either party under thio Agreement, the non-defhuhing party shall deliver written notice to the defauking Party of such definhk. at the address specified in Section 8.8, and the defaulting Party shall have thirty (30) days fiom and after receipt of such notice to cure such default.. if such defwlt is not of a type which can be sued 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 cuM the defaulting party shall have a reasonable period of time given the nature of the ded'auk 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 purs<ung such sue. (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 obligations hereunder by an action for any equitable remedy, including injunction and/or specific performance, and/or an action to recover 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) The Town acknowledges that since this Agreement and the Development Standards constitute a development agreement which confers rights beyond those provided by Final 10127/99 the three (1) year statutory vesting approach described is the Vested Property Rights Statute. in . the cveot of a breach or default by the Town, in addition to nay of the foregoing remedies. Owner shall be entitled to: (i) recover &am the Town any damages that should have been specifically available to Owner u contemplated in Colorado Revised Statutes Section 24- 69.105(lxc) as in effect on the Effective Data plus aft other and additional damages Provable at law, acrd (u) came the Confluence, or any portion thereof designated by Owmer. to be disconnected from the Town. 7.5 MMUSAM. The Town acknowledges that Owns het agreed to develop the Confluence at significantly lower density than Owner originally desired in conaideratioo of the Towa's agreement to rebate taxes u set forth her K and that hilum of the Town to appropriate revemes sufficient to pay the rebates contemplated herein will substantially impair the value of the Confluence. Accordingly, in the event the Town exercises 'to discretion in arty year and determines not to make sufficient budget appropriations to pay such rebates. fails to make any be required by law to -cable the Town to perform' this other appropriations which may Agreement in all respeW6 if the Town contests disconnection Of otherwise acts (or tills to act) in any way to avoid disconnection, if the Trow is prevented by appropriate judicial order from making arch appropriations, or if any other event occurs to cause rebates not to be paid as , contemplated herewOwner shall have the immediate and conunuinXr'gbf4'&t he elefdoe' to � the parts hereto disconnect the Confluence from the Town it being texpress agreement expragr that nay such ad, at the sole election of Owner, shall be deemed to be a tiu'lure of the Town to meet Coca a condition of annexation of the Confluence cur data fa!�ediserve the C(Mflui in the aft disconnection of the manner agreed herein,' and shall entitle Owner requirement for disconnection by Confluence notwithstanding any statutory Procedure a ntsthat petition. In furtherance of said agreement, the Town represent that ut a home or-uleProceMundure for this contractual right of disconnection shall be in addition to arty statutory. right or procedure for disconnection. which may exist undo law which shall not be deemed exclusive right and Procedures. The Town agrees in such event that it will take all necessary steps to accomplish such disconnection and shall not contest any disconnection effort by owner, The Town shall cooperate in all respects to accomplish such disconnection whether under the agreements set forth herein or under any applicable statutory disconnection procedure, which a court may require. Said disconnection shall not affect any development right concerning the Confluence which aro vested under common law vesting principles or which are vested pursuant to this Agreement, in the event the Town breaches this Agreement by failing to pay rebates, credit taxes or amend its Municipal Code as agreed in Article V hereof; Owner shall have all rights of disconnection set forth herein Final 10/27199 ARTICLZ VIII MLSCIILL.AnO178 &I Aoniicable Lew. Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 8.2 Ngsoint Ventum or Partnership_ No form of joint venture or partnership exists between the Town and Owner, and nothing contained in this Agreement shall be construed as making Town and Owner joint venturers or partners. 8.3 EUSDM Except as otherwise provided in a separate written agreement. Owner and the Town shall each bear their respective costa and expense associated with implementing and enforcing the terms of this Agreement 8,4 gjjyg{ No waiver of one of note of tlua tams of this Agreement shall constitute a waiver of other terms, No waiver of any provision of this Agreement in any instance shall constitute a waiver of such provision in other instances. i.S Town Findings, The Town hereby finds and determines that Pteeution of this Agreement is in the best interests of the. public healtl4.sefety, and general welfAM and the provisions of this Agreement. the PUDX Development Standards, and vesting agreements contained herein are consistent with the Comprehensive Plan. Municipal Code, and other • applicable regulations and policies of the Town. S.6 $.oembilRlf. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid. void of unenforceable, the remaining provisions of this Agreement shall continue in toll force and effect so long a 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. 8.7 Further Assurances, Each party shall execute and deliver to the other all such other further instruments and documes as may be reasonably necessary to carry out this Agreement in order to provide and secure nte to the other party the full and complete enjoyment of its right and privileges under this Agreement. illi 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 fust to occur of (7 actual receipt by any of the addresses designated below as the party to whom notices are to be sent, or (u) five days after 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 17 Final 10/17198 address is substitution of the address to which such notice or communication shall be given , Such notices or communications shag be given to the parties at their addressee set forth belogr if to Town: Toon° of Avaa P.O. Boat 975 Avo% Colorado SIM Attentiosa Town Manager Itto Owner: Vag Associates Investments, 1Oe• do James S. Mandel, Esq. P.O. Box 7 Vsk Colorado 81658 Atte: Legal Department Atm: lama P. Thompson W ith a Copy to: Sheldonth � Street Parkway' Suite 902 Dens. Colorado 80237 Atm: b�Bcbael A. Sheldon, Esq. and to. White and Associates Professional Corporation 8005 S. Chats Street, Suite 125 Englewood, Colorado 80112 Attention Gary& Wbite,EW If to Shapiro: Avon Commercial Center Ltd, a Colorado limited partnership, Shapiro Development Co., general Partner do Shapiro Development Cc- P.O. aP.O. Box 5640 Avon, CO 81620 Attn: Ken Shapiro s,9 Anignmam This Agreement shall be binding upon and except es otherwise provided in this Agreement, shall inure to the benefit of the successors in interest or the legal s of the parties hereto. Except as specifically set forth herein,Owner shall haveunder right to assign. delegate or transfer all or any portion of its interests, rightsobligations not this Agreement to third parties acquiring as interest or estate in the Property, including, arcdsor of any limited to, purchasers or long tens ground lessees of individual lots, P improvements now or hereafter located within the Property. Provided that the Towels approval of the assignee or transferee is first obtained, an assumption or transfers providing for express assumption of any of Owner's obligations under this Agreement by its assignee or transferee shall be relieved of any further obligations under this Agreement with respect to the matter 30 Find 10127196 • assumed. The Town's obligations hereunder may not be assigned or delegated without Owner's written consent, and any attempted assignment or delegtttioe, by the Town not in compliance herewith shall be null and void. The Town's approval Of "I such assignee or transferee shall not be unreasonably withheld or delayed. - 0 8.10 CoMjjal This Agreement shall be executed in multiple counterparts, each of which sball be deemed to be an original and all of which taken together shall constitute one and the same Areemeat S.11 Amendments and W16 No amendment of waiver of any provision of this Agreement. nor consent to any departure herefrons, shall in any event be effective unless the sone shall be in writing and signed by the parties hereto, and then such waiver of consent shall be effective only in the specific instance and for the specific purpose for which given. IN WITNESS WHEREOF. Owner and the Town have executed this Agreement n of the date first written above. TOWN: TOWN OF AVON. a municiPal corporation of the State of Colorado STATE OF COLORADO ) ) SL COUNTY OF ) �4h Subscribed beforeme this _ of Town T wn 1998, by Mayor of Avon, Colorado and Town Clerk of Avon. hf) Cominia*n Eon 0228/= My commission expires: Notary Phlike Final 10127/98 OWNEL VAIL ASSOCIATES RM T TENTS. INC.. a Colorado limited liability company STATE OF COLOMM ; SL COUNTY OF ) Su rtb bef re me f V M as 0 Investments, Inc. and IAM+AAn LU�A�MeFII Vail Associates Investments, Inc. My commission expires: 111101, l ..�� Notary Public `t/lo`' •�O Ry OR rm ANF, _..QZ as 0 1998. by Associates 0 Final 10/YN98 SH"MO: Avon Commercial Center Ltd, a Colorado limited partnership, Shapiro Development Co., general partner ATTEST STATE OF COLORADO ) )IL COUNTY OF E t ) Subscn-bed before me this o? day of OC�O be 1998, as u:ce Pees: a t ps•� MAMt IORrneydr C.O- and Oct SOf Siw.Ozc-0 at�1�1 ey�Ntnl b My commission expires: VAMC%0KWRW 10011001910 241.2076 by Of as f 1b,"Olt A -t Final 10127/98 The ConBaem Leel DaeriptlN • A plral of land located in the south~ % of the northwest % of Section 12, 7ownabip S South, Rants 82 West of the Sbtdt "cipd Ma1dLa, Eagk County. Colorado` being mon particularly desafld as rollowt: Ikginniug at a point on dw wudtaly rigpt-O way line ofthe Denver At Rb Orwida We= Rai Rod and de we" rl jW4way Ike of Avon Road, hm whisk the Cmw % corn of Section 12 bean S 04.1 rO 11, 612.39 ha; tbcoct along de southerly mlkoad rigAao" N 65'2377" W, 1729.75 Ret to the soutbeastarly moat cava of Tran IL Beaebmrk at Brava Creek Subd vbW% Amendment Number 4. s recorded Is book274 is pap 701; therm deporting the watbalr rlghtotwagy Btu aad along do southerly be of That H N t9'32'01" W, 39729 hd to a point as Am easterly Ibw of Beswr Cn* Subdlvbiaa. Ttxm O and P.ere eeeotded is Book 656 a page 667, said lke being also the appaoxim m aatrraw of de &gk Riva, dnenm along the "Maly line the following tea (10) count 1) S 48'08'55" I1. 132.70 flu; 2) s 572274' 8; 341.00 Greg 3) S 4VW3Y 1.455.67 fiat 4) S 4747'00' 1.291.81 flet, 5) S 43.40'09" I,.MA1 fle; 6) S 50'10'13" 1.154.96 GK 7) s s3.4r43" 2,18719 !bay 0 S 61'2674.1.214.114 flat 9) N t4i'00'S9• t. 16221 Get lo) N Mro5" IL 197.35 Got to it palm on the wahrly rlghFo&way Tina of Avoc Road; dunea &bag de westerly righ"&way Use de fallowing far (4) eourseet 1) N 12005'O8" 13,120.18 Geer, 2) N 12 -Mr IL SC00 flat. 3) N 21.17-14" 432.00 Mt 4) N 04 -29 -SC IL 119.79 rM to dw Point of Begiontog. Peril torch~ 1 R11S6 ager LI Find 10127/98 Bsblbk A-3 LeaC teo13eKr"m . A pmt of lad dcurtbed a Lot C, Aron Cents at Beaver Otd4B ncbmmk a Bova Cm*, Aanandmaht Dia, 4, Tows of Avcm6 U& County, Cokrado, bebag am pwdcW r &ew bW a IbBox. Beibotog a<dw e&mmmm cwm of Lot C, abo bckg tba oaadianmaat Comet of 1.at B; tbmea alm6 tba Qss comp a a Lou B sad C, SST 41*M"W, 39737 feet &am &vmt6y said commas tot Baa, N6r 36'U'W. 2272 het thea NOT 30't2"W, 37633 "to a pubs as Aa soo*aty r%b o -way of Bewhmok Road; &CM aloft Ur ri6Wtt6vray N39.20'02"R 160.00 feet t0 a poet as tlw weataty nab►oEway of Besvet CratBoukvaad theses alorc; uM rig"wq SV 05'23"!,400.62 het d mm caadnai g ak% said ri*A d --war almg tba ahs ora tangm Catnc to do k1110.63 het. Iwvbq a mdbn *0 0.00 he, a mud a61e of or 34'36' and a Chad wbkb bars 5319 22'41"8, UL76 feet to the Paiot of Bt&mbt=. Pawl =aia 324 aetat 0 0 Find 10/27/98 Ezhibit A-3 LEGAL DESCRIPTION: Lot 6, Avon Center at Deaver Creek The point of beginning being the southwest corner of Lot 0. Avon Center•,. thence N.62'41101'E., a distance of 397.67 fest to a point on a curve'to this right, said curve having.a radius of 460.00 fest; thence along said curve a distance of 187.14 feet through a central angle of 19'61'21', having a chord bearing and distance of 8.46136139'E., 180.20 feet; thence S.62'64'370W., • distance of 16.00 feet; thence 3.27'06'230E., a distance of 12.03 feet: thence 9.82'64'370W., a distance of 137.49 het; thence 9.27807'370E:, a distance of 66.63 feet; thence 5.62'62'230W.. a distance of 66.86 feet; thence S.27'06'230E., a distance of 01.17 fevU thence 9.82'54127"W., a distance of 12.10 feet; thence S.27106'23'E.. a distance of 40.06 feet; thence N.66'68'08'W., a distance of 3615.19 feet to the True Point of Deginnino. Said parcel of land contains 76,617 square feet (1.738 acreal, more or less. Is 0 Find 10127/98 Exhibit B + r • • 4 Exhibit C-1 9..6 Fmd 10/27198 Confluence PUD Revised Submittal No.3 October 27,199: SECTION Yls Zoning Reviews Title 17' I DEVELOPMENT STANDARD& A. Intentions This development is intended to complement the adjacent town center developments, fituse developments and etpensions and to provide a variety of uses on the Confluence such as lodes, commercial establishments and offices in a predominantly pedestrian envittmment. These development standards are intended to provide a development which distinguishes this development f mm other area ' within the Town. B. Allowed Uses: The following uses shall be permitted in this Confluence development and thtse designated with a ■ shall also be allowed at plan / ground level, those use not designated with a ■ shall not be permitted at plazal ground level. Commercial uses designated with a O shall be permitted to a maximum of 40.000 SF OLFA. 1. ■ O Retail Storm; 2 ■ O Specialty Shops, 3. ■ O Restaurants. excluding drive-through windows; 4. ■ O Cocktail Lounges; S. ■ O Ptf$=W service Shope. 6. ■ O Prof sssiard offices; 7. ■ Hotels; L ■ 1 odess; 9. Apartment 10. Condominiums; 11. ■ indoor recreation 12 ■ O FinancialInstitudons; 13. Bed and brtak&S lodge 14. Timesham interval ownership, and fractional fee ownership projects; 1S.6 intercept/day-skiespirkfng; 16. • O Entertaiameat Facilities 17. ■ Additional uses determined to be similar to allowed uses in accordance with the intent of this zone district, to be approved by the zoning admininistatoc C. Special Review Users 1, Public Transportation facilities; I Public parking facilities except for intercept / day -skier parking provided at initial development phase, 3. Theatres; 4. Conference / Convention Facilities; S. Aboveground public utility Wtalladons; 6. Churches; 7. Drive-through windows. • E Confluence PUD Revised Ubmittal Nei October' 27,1998 Page 2 of 2 D. Development Standardw L Lot Areas 18.886 Acres [Not to be affected by fUture condominium and/or subdivision plattind L Building Aelght: No building at portion thereof may extend above a plana 10 feet below drat pwiected horizontally Seom the top of the Avon Ceusm Building, and in no can shall any building be taller than 120 feat. measuring said bcigbt as defined in Title 17 of the Avon Municipal Coda. SpeaSe buildings will provide for appropriate view corridors am town core areas. 3. Building Setbacks: See Building Setback Diagram— EAWAN (Revised 10x9/98) A. Rhm*oae Seva* Five Feet [751 Brom the mean annual high water malt. If tt too yea flood plain or identified wetlands exceed the 75' setback those exceptions will constitute the designated setba4C 8. Side [East]: 'Twenty Feet [201 C. Rea [North]: Ten Feat [10'] Zero Feet [01 for stroMm pertaining to transportation system and or buildings or pedestrian linkages. Non -habitable porweochem log lewd roof strwenrres covering open air pedestrian ways and awnintys relating to commercial uses may encroach into setback. 4. Maximum Site Coverages Seveagr per cm [70%] S. Maximum Density- 456 Dwelling Units which equates to 30 Dwelling Units per acn ofbur7dable ares. (3 hotel rooms at Accommodation Units - 1 Dwelling Unit) fi. Parlrings A. CommacW: Frve spaces per thousand square fed gross leasable floor area [GLFA] applied to a full ray of commercial uses (allowed in 'Town Center' zoning such as retail, restauran% and/ or office] excluding parking requirements for incidental guest oriented commercial uses with hotel. B. Residendal/Lodging: 1. Hotel: 1.0 perking space per room (Including parking requirements for incidental guest oriented commercial uses within ho4 2. Timesbare / Interval Ownership Units: 0.6 parking spaces per bedroom 3. Dwelling Unit: 2.0 parking spaces per unit up to two [2] bedrooms plus. 0.5 parking spaces per additional. bedroom. 4. Deed Restricted Employee Housing: 0.5 parking spaces per bedroom C. No additional guest spaces shall be required All surface and below grade parking spaces shall be counted toward meeting these requirements. Final ion7f91 Exhibit C -Z Lot C PUD Revbed Submittal October 27.1991 • SECPION IL- Zoning Review: Title 17 I DEVMOPM r STANDARD& A. latention This development is intended to complement the surrounding town cam developmenm titrant developments and expansions and to provide a variety of uses on Lot C such as lodges, commercial establishments and offices in a predominantly pedestrian environment. These development standards are intended to provide a development wldch distinguishes this development fiom odaer sone diateiets within the Town. 1l,. Allewed Uawa The following uses shall be permitted in this Lot C development and those designated with a 0 shag also be allowed at plaza / pound level. those uses not designated with a • AA not be permitted at plana /ground level: 1. ■ Retail Std 2. ■ Sp9dit Shops; 3. ■ . Restaurants, excluding drive-through windows, 4. ■ cocktail Lounges s. ■ Personal, service shom. 6. ■ Professional odic@% 7. ■ HOW* •. L 9. ApartmetM 10. Coudowiniurox 11. ■ indoor remeadon and/or entatairmmt Sd7ideS 12 ■ Financial lnsritudQM% 13. Bed and b makfiSt 10(19%. 14. Time-sbar4 interval ownership. and fractional fee ownership penjccW, and, l s. ■ Additional uses determined to be similar wallowed uses in accordance with the intent of Us zone district, to be approved by the zoning administrator. C special Review Uses` 1. Public Transportation facilities; 2. public parking facilities 3. Theater 4. Conference I Convention Facilities; S. Churches S. Aboveground public utility installationsy and. 6. Drive-through windows. 0 D. Development Sbudardm L Lot Areas Lot C PUD Revised Submittal October 21,1998 , Page 2 of 2 3.24 Acres [Subject to litnue condominium and/or subdivision Pig] 2. Building Hefts. Subject to a Building HeISk equal to the Avon Center Building Height subject to ve dication by a licensed professional surveyor. 3. Building Setbaekes A. Front * _ Benchmark Road— Twenty Feet [20']� Feet [20'] Front[Wes[West): $ Side [Bast]; Lot `W —Tea Fes [I0'j Side West): Benchmark Road—Tea Fest [10'] C. Rat [South]: The Town of Avon Mall - Tea Feet [10'] (Nps -habitable porwcochere, lour level roof structures covering open air pedestrian ways and awnings relating to commercial uses may encroach tea fleet info setbacks.) 4. Ma=isnm Site Coverage: Seventy per cent [70%1 S. Maxioom Dcosiel .. (3 hotel rooms or Accommodadon Units Dwelling0DwellingUnits �. Site Density of 63 Dwelling Unit 6. Parking A. Com= to a ful! rane Five spaces per thousand square feet gross leasable floor area [OLFA] applied g of commercial uses [allowed is Town Center' wrung such as retail, restaurant, and /err oftIce] excluding incidental guest oriented commercial uses within hold. . B. RaideatiaUi.odgiog: 1.0 parking space Perroom 1. Haat: (Including incidental guest oriented commercial uses within hotel) 2. Timeshares I Interval ownership Units: 0.6. parking spaces per bedroom 3. Residential Unit: 2.0 parking spaces per unit up to two [2] bedrooms PION . 0.5 parking spaces per additional bedroom. 4. Deed Restricted Employee Housing: O.S puking spaces per bedroom C. No additional guest spaces shall be required. An surface and below grade parking spaces shall be counted toward meeting these requirements. I _.— • q n 4� O><a I _.— E.«r • q n 4� gg Ei S a o �Q O O F J r: v e0.ASO fv eo SO O O O X O � haw 4 O 2� 4� ss, � • ; w p p= 6m. u n a! cc tl, E'+ rA u V O O � 4D ti +� v4-4 z i.; 8 pZ ZO � �c ca Ei E.«r n 4� gg a O O F J r: O O O X O O O O 2� p p at p p= 6m. u n a! u V O � z 8 pZ ZO � QW a' = '2go��� O z is VI W y! W W p b x W W W O a � O E.«r F J r: m tura ! f! mmw ! ! ! ! ► .A ! �1 � � r '� �� tom► 7x��bl a v Town District Planning Principles ❑..q... ,.n Roundabout / Gondola to L:� Vehicular and Pedestrian Crossing Re:rvrr Creek 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 residentiall 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 levet. • 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 h V II Page 7 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 condor 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 wayftnding 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 a 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. Town of Avon Comprehensive Plan Page 8 a I -ji 3287185 comer• / -64 r/� ie COr"ITY OEV LCWMEW 08*XTMMT (170) ]26070 FAX (170)375-7145 Em@ xarmw4DUOKWAKI•w www. 13 October 2005 Town of Avon CommunityDevelopmet Attu: Eric Heideman P. O. Boot 975 Avon, CO 91620 RE; Amendment to the Confluence PUD Eagle County File No. IAR-00161 Dar Is& Heidanann: We have received your referral of the proposed amendment to the Confluence PUD in Avon and appreciate the opportunity to comment on this proposal. We understand that the development proposed pursuant to this amended PUD would create a rlverfroM resort and linear riverhont park on an 15.9 scree site featuring • Westin Riverhatit Resort and Spa Hotel condominium and vacation-ownssjWp residence. The site would with •entail plan surrounded by resort be connected to Beaver Creek Mountain with a high-speed publ s or automobiles to ea Avon's (subject stn PTbollo Center via two proposed surtice railroad crossings for pedestrian Utilities Commission approval of tho Town's application). We fmtber understand that the proposed hotel will consist of W to 100 studios,(Uml rooms) and up to 80 condominium units and have a maximum height of 120 Het. The developer will pursue brarim level L EBD (L.eadaehip in Energy and Environmental Design) certifictica. The eommercW space would include ftm 20,000 square feet to 40,000 square feet of dross L.eaable Floor Area (OLFA) within and now the hotel which would serve both resort guests and the general public The commercial uses might include restaurants, bats, delis, cafey welhren facilitiea, ski shops, ticket offices, ski schools, ate, but not be intended a a retail destination - Current plane wMa nplate up to 160 whole -ownership residential units outside of the hotel which may consist of a mut of condominiums and townhomes in buildings as high as 85 feet Up to 120 vacation ownership wits in a 2 -bedroom lock -off unit configuration an contemplated in buildings of up to 100 fed. Combined, the whole -ownership and vection-ownersbip residential component would consist of up to 316 dwelling wits. The"atire Confluence development may feature as many as 456 dwelling units, including the equivalent of 140 wits in the hotel and 316 wits outside of the hotel. The existing FUD requires one employee housing unit for every ten Dwelling Units created at the situ. The revised proposal calls fbr Eat West Partners to pay a fee in lieu equal to $20,000 for every 15 Dwelling Units developed on the sits. A high speed, g person cabin, public gondola with an uphill capacity of 1,200 to 1,600 people per hour's proposed to connect the site to Beaver Creek landing. The lower gondola terminal is proposed to be located about 400 feet from the Town's proposed bus transit center, the two being connected by a Earle Cwnry a AWS, sae arwdwge PQ ata, 171, E.&, c wm& 4 1631-0171 3287185 comdav 4 r , Town of Avon Atm: Eric Heidernew RE: Amandes" to the Coafhrera:a PUD Ea& County Fila No. LAR -00162 13 October 2005 Page 2 of 3 pedestrian walkway and retail plana. The gondola would be frac to the public sad would transport riders from Avon to the Lower Heaver Creek Mountain Express Litt in approximately throe minutes. Finally, we understand that the proposed development would also provide for improved access between nd Avon,s western Town Center, Nottingham Park athe rivW&Mt Through deeds, eaaments or other mechanisms. Public mass to the existing bice and pedestrian Pada, p wall as the riparian corridor along e River would be preserved in perpetuity. However, proposed enhancements the north bank of the deli lighting and seating ansa. would include clearly delineated river accea point~ additional plantfrcg.,�ng 1�. The minimum Kayaks s and boom would be able to put -in and tatraout at desi�t d Po setback from the Eagle River would be reduced from the 75 feet currently approved for the PUD to 50 feet We oft the following observations and contmoma: development that the gondola would reduce the need Esdling — We see as a pwitiw allied of the proposed consideration of adequM for parking within the Beaver Creek PUD. However, we would encourage parking and transit fion eilities in the immediate vicinity of Tha Cfluatae development to acoonmrodate all users of the gondola, as well a those who may Boom the Eagle River and the regional trails system at this point hiding �glg�p — The davelopunerrt will generate additi improvements iculr'dtr�atlfmade toc in e 11 that uaffiew nc roundabout on Highway 6. Adequate off-site road flows smoothly and safely in this area. Mykg=gggLkWAgjg— 7Ue proposed development will create mon pedestrian activity in the area along the Balk River identified as a rivertrott pads While assurances have bean provided that the riparian arm along this reach of the Eagle River will be preserved, special attmtion should be directed to enmritg that the measures proposed to protect those sensitive vas are adequate and will be properly enforce& u irnd T ' l._ n a 9v=— The ECO Trails Program Manager reviewed the pmjod submittal and recommends thin the existing pawl trail that parallels the river be upgraded to include repair of cracks. removal dvegetedon causing oraeb or installation of root barriers to prevent Botha damage to the widens g ata an overlay trail me12gent is sLr�reco m recall ommech isnded nations showing signs tttacan >�� widening of site existing accommodated without impacting adjacent riparian vegetation or wetlands. The tnfhc volumes on the river trail will increase with the success of the Confluence development, and the trail is ,beady popular now that it connects on the act and west and to other paved trails. The extra width will improve safety by allowing bikes to more easily navigate around pedestrians, dogs and other user typos, and we want to encourage bikers to use these paved trails a much a possible. Also regarding safety, the design of the spur trad intersections should consider possible conflicts between use types (bikers vs. pedestrians, bikers vs. bikers itedfsuncethe questdesign ions co tau d perpsign psreferences,Solnf the counectiorn could be consolidated. If you Y additional plane do not hesitate to contact Ellie Caryl of ECO Trails at 323-3323. 3267195 comdev Towm of Avon AWL Eric Heideeresn A�dmem to Confluens PUD E.& 13 October 2003 P"e3of3 t of cash of $20,000 for cverY — We see that the developer n propo provinj ided dw plication to ImdWale the bub t S dwelling units developed on the site. No dbcuuion b ptov to which the proposed for the proposed payment in Iia, aur is en analysis provided to indicate the extent consider the pts the local resident bamsinf impact. We emcouraga �e Town to adhat th psymat will mitt v„u pn� by this development and ansa the resulting need for local resident bowing that mitigation is seasonable and apProPdse . _liti developments We There is no menti Of child son facilities ff visitors and emPioyow of The QUQME"ififtancoursp you to idar the necessity Cont]traos become. a reality. j,IgMM—It bas been noted that the Eagle valley may at wme point be em by light tell. We might be Wa cnewate at is” initial consideration by the Town of how light tell, if it ever b accommodated in the sea. Thank you again for the opportunity to comment an this proposal. Sincere -e o� Forinasb, AICP Plammw Copy: Bob Narrawi. Planning Division Manager Keith Montag, Director of Commumity Development Ellie Caryl, Trails Program Manager Chrow File P:,�AgsagRevtew\lAR00n62ConrlusFw"v0.apenrwDtx 4 Town of Avon Planning & Zoning Commission Meeting rvoN Minutes 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 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. 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 much of the riverfront and the natural environment but leave 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 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. 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 % 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. 05-12, 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 1°t, 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 ,r EXHIBIT D TA _. _ }Staff Report =- =� 'z� �T __.._ -- `;;' ,,� � � .\ ...�. 7,, "PUDAMENDMENT ,'0� 1 11.. e' " err "2 "• 941r .. ., ,w C O L O M A D O November 1", 2005 Planning & Zoning Commission meeting * F ,Report date;, . October 26, 2005 Project type Mixed -Use Planned Unit ° . ia..e yy l �a. '�, ' , ' _' µ, ' Development'('PUD) Amendment° ` - Legal description ,: The Confluence PUD,(" Beaver Creek- , Landing"),,, a _ Current zonin4a PUD - Address 0095 -Avon Road - Introduction k ` On October 18th, 266 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 rinanag`eable and discussion focused. r 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 issbes"and the time required for staff 'and the applicant to adequately respond"to the Commission deliberations.. Staffs -goal is to` sy§tematically review each topic area through several meeting's before providing you with a formal recommendation to forward to Council. .w.S'.n _ .y: ;. .. t t 1 Outlined below are several of the major components of the land'usec plan reviewwe. wd at-ttie initial hewa,ring that we hope` to'review at this meeting (please referto the application submitted for specific details of each area highlighted below). The applicant has .requestedfurther 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" item`s were outlined in the prior'staff .ret` to porthe Commission, and where necessarywe' are providing a more'expansive and detailed discussion of areas within each category to explore with the applicant at this time. ' 7' i° 1. Development Slte Planning: r sr PUD Development Plan The''site planning for the Confiuence PUD amendment is presented in two'forms= the illustrative site plan (color) and the`preliminafy subdivision plan which is a requirement of°the subdivision application. Town of Avon Community Development (970)74&4030 Fax (970)949°5749 The Confluence PUD- Ament nt 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 Aroadway £: alignments. Staff has requested that the applicant yprepare I a PUD Development Plan that consolidates the features of each plan into a format that will; eventually 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, 7 l . `s r `,. rt t t , f .," w. f.- The site plan as presented would function well given the proposed uses, activity, relationship with surrounding activity centers;f and- assuming,thes et grade crossings i. were approved. However, staff has identified several, areas where site planning requires refinement. Those areas inciude'pro'vi`sion's for a`future'below'`grede crossings, on-site roadway improvements, building setback"and location, 'and impacts to theI 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 ,_k^ 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 l; crossing,are,for some.reason closed or not secured, staff is requesting that a condition of approval include provisions for: (1) converting the western and of the drive into a cul-de- sac/hammerhead and ensuring that there Ji. 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 pedestriancrossing at the location of the proposed easternmost railroad crossing.'- On rossing.- 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 eight •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.. f , On the eastern crossing from the Avon Transit Center site, a below grade crossing is the only practical altemative 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 foF 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) 7484030 Fax (970) 949.5749 f ! The Confluence PUD- Amends. -.rt to the 1998 PUD approval Novembei 1", 2005 Planning & Zoning Commission meeting' : 1 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. _ 0 Likewise, we expect the site plan and preliminary subdivision plan to specify minimum widths for all sidewalks and public paths shown on the plans" x •.`ik4-[. (fr:: 4JJ 2 .g .Yv `. rf� i ✓z ',—d Building Setbacks "r The building setbacks and •locatiori were'items`of discussion at the last meeting: After hearing concems"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 meefing.` ,-n,- rC �r t BGilding Locations and Public Plaza/promenade Considerations -•' a r, F The Building location's were also discussed at yoar last meeting, particularly the timeshare west "building and the Gondola termlri6l. 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 Gonaola terminal lies partially within the 100 -year Floodplain and rr, 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 tum may also help achieve a strongef'visual cbhhectiori to the gondola. ' Likewise, there was some discussion at your last "hearing about understanding the activatiorfof the river connection though the public promenade iri more detail and the applicant is working on a concept thab will, be presented'to you at the meeting,in this regard t4 :; , t.h..." - .., ` J'r a" r:.. .G, � a 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 J 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 T-w�4+• 11� ' W `The concept plans do not fully correspond in 'termsof the width of.the easement being provided on Lot 2 (the hotel site) and the desired width of the plaza are&.1The 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 anycase, that specific design approval of the public promenade' and plaza be reviewed in combination with the final,design for the hotel site. v`+ . Y� : •.,I j s , ; ,,_.;V :., ° jn ,'` • a: sr t "v % { " ,p. 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. rfts. `s t<� .r5 s;;'i -•1:. {• }' .r t` -".y. Town of Avon Community Development (970) 748.4030'• •- Fax (970) 949.5749 The Confluence PUD- Amend.. at 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 f, r2 and 4 on the Preliminary Subdivision Pfans) 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 ttiat an overall maximum building height.+`' i r r; r _ K • t. r �, t 03 The PUD amendment includes maximum building heights for the hotel of 130ft, timeshare 100ft and whole ownership 85ft. The Preliminary Development Plan will refinelthese maximum height limitations by describing development standards for each of the proposed lots (1-5), and as mentioned ,x specific building envelopes where:possible. This will provide the Town ,with some levet ofdcsrtainty.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. t� t:14 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 uturer.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 CounciUexplore 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. y 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) 948.5749 IC i tf'1 The Confluence PUD- Amend,_ at to the 1998 PUD'approval `' `" ' Page 5 of l3 November 1", 2005 Planning & Zoning Commission meeting " structure is stepped away form the setback line. Staff will continue todevelop 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. it < a I Other Discussion Items 1 " "° ` ) 0'. Incentives to rental pool Although, the applicant is not proposing mandatory participation in a rental pool for the whole ownership tMits'in the hotel and project, the applicant does describes'peciflc incentives that, according to the applicant, will be- attractive to � property' owners and plead to successful Participation. Staff bas discussed with'tfie applicant the range of incentives and whether'the.incentives 1 1.proposed'are 'adequate` to ensure a` high 'rate of `occupancy, and encourage"'hot beds' as r - desired." The applicant is`confiden.Y in the incentives propdsed,` indicated Ahat • the Westin program has had a relativehigh-occupancy ratefof projects similar to this. The applicant has agreed to supplement information or data that supports this position at this'meeting.- "Meeting Space in Hatel 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. • _ � t, a f . ,. W ._ Financial Analysis and Considerations` " Thought the financial'= model' provided' by the applicant demonstrates` that the "amendment proposed provide's 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:.. a 75% of all Sales Takes; and x' Ac - 75% of all Lodging Taxes; and 50% of all Real Estate Transfer Taxes r ,t 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; The Confluence PUD- Amen! nt to the 1998 PUD approval t , November 1", 2005 Planning & Zoning Commission meeting- > Page 6 of 13 t . 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 October4,•2005•memo to Larry Brooks- Tab 13 in the application): .. ' q The Town should base the proposed financial model and build -out of the proposal on the "Conservative CasexRental and Average, Daily Rate (ADR) and,Moderate.Build-out Assumptions". 4, The request for operational funding of the gondola should be tied to the build -out of the La• ;; hotel/timeshare portion -of. the project,; so that should, the ,Town: choose -to fund the .operationsi,it is only, fully funded• commensurate to when the main hub of hotel activity y ze; 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. t; Staff will continue to work with the Town Manage?, 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, livery 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 rt 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. 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- Amends at to the 1998 PUD approval 'i November t", 2005 Planning & Zoning Commission meeting _ Page 7 of l3'` 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 RivecFiie Protection District -' "` =sc h No comments have been received at this time regarding the request for comments. Vail Resorts Development ComDanV s Iq p� No comments have been received at this time regarding the re_ quest for comments. ,. ECO Trails Comments, ,, ., -_ xs t == Comments have been emailed By Ellle'Ce"ryl, the ECO'TrailsyProgram 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 accomrfiodated without impacting t adjacent riparlan vegetation or wetlands: j! ,The traffic ,volumes on the ,river trail, will increase with 'the #success of_ the Confluence ,fit, development, and the trail is already popular now that it connects_ on the east and west and 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 intersection`s should ciin§ider possible conflicts f rlietween'use types (bikers' vs. -pedestriansbikers 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 eacfi' of, the -following design criteria or demonstrate that one or more of them is not applicable, or that a particular development solutiod 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 November l°, 2005 Planning & it to the 1998 PUD r 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 odor 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. 199e 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 f described below:, " 'Mixed -Use River Corridof t 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 "orporate screening and landscaping,'to emphasize positive river.' Developrrlent plans should inc visual quallry:• Conslderation'should be given to annexation ofthese properties;aa opportunities arise::. sA r t' r., Resort Services ¢U, ''loll it 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, toencourage 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, whichcurrently represents a significant barrier to circulation and land use pattems. 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. " 3" 2001 Town Center Implementation Plan 1:. •* t' Below are general and specific guidance policies provided from the 2001 Tgwn 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" 19 970 748-4030 - Fez (970)949.5749 Town of on Community Development ( 1 Ji t i The Confluence PUD- Amend,,,.nt to the 1998 PUD approvals ` ✓ rt ; i,., v l':'" Y November l'; 2005 Planning & Zoning Commission meeting` -e' i ± " " "" P' ' 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" . t s _ : ,rs ° . 4 t' _ . nr ,nye "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 inountairi People will walk past stores and restaurants to get to the gondola` making a much 'inore attractive location for commercial` and' condominium activity" Specific Policy guidance on, the Gondola (Confluence), Site: "Connect across railroad'nght of way at ATS1Lot 61 properties" " t "Develop pedestrian walkway between railroad and Eagle River" - Finally, thetinformation 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, a`s 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 theX-, I 'neighborhood in which it is located: Policy Flexible zoning such as Planned Unit X i 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 i 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 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. r Policy The Town will, to the extent practicable, X A2.4 coordinate its land use policies and ' ' 11r " ulations with other local jurisdictions. Policy Encourage mixed-use development X A3.6 c" 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 r— IN The Confluence PUD- AmenL...nt to the 1998 PUD approval - November la, 2005 Planning & Zoning Commission meeting Page 10 of 13 - Policy , The Eagle River should be maintained as a X ;r •� .,. A3.8 „ riparian corridor. New development and , redevelopment should be compatible with theriparian environment. COMMUNITYANDPolicy Commercial areas will be supported X ECONOMIC ;- ' a B1.2 ` through creation and maintenance of DEVELOPMENT effective vehicle access andparking, transit services, all -season pedestrian grid 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 r 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 s assistance. Policy, Establish the Town Center Area as an X I B2.2 inviting, vibrant and safe pedestrian- oriented cultural, retail and entertainment hub. r 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 ` C1.4- - compatible in de -sign, scale and use with existing neighborhoods. Policy-. New development, annexations, and major X C2.1 IT redevelopment shall include or otherwise provide for affordable housing. Policy, Wherever possible, affordable housing will X C2.2 be integrated witti, 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. r TRANSPORTATION, Policy ,> Streets.should, to the extent possible, X PARKING, AND E1.1,,., effectively accommodate transit,, CIRCULATION pedestrian,; bicycle, and other modes of transportation. rans ortation.Policy 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 EIA 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 Y The Confluence PUD- Amendt.._nt to the 1998 PUD approval `• November 1", 2005 Planning & Zoning Commission meeting Page I I of 13 Y s 1. Conformity and compliance with the overall design theme of the town, the sub- area design recommendations and design guidelines of the Town., .A Staff-. Response: '),,,The 1996 Comprehensive Plan is the guiding, document that this application is being'reviewed for compliance -and •conformity:'o 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. • B• 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. Y rDesign compatibility,,, with the Immedlate 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 relatlonbhip 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) 7484030 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 r,.•. environment, particularly in sensitive ° naturalareas.-� Policy The river corridor will be protected as an 3 X F1.3 important riparian habitat. y' Policy Major development proposals will be' X F1.5 referred to the Colorado Division of Wildlife forreview and"comment regarding wildlife' ' , 3 issues.' �' a '' 11 0'! Y rE'.. * V,-%-Zr% X."'t `ic PARKS, Policy New residential and resort developments ~ X RECREATION AND G1.1 will incorporate recreational amenities. OPEN SPACE . .. New annexationst and,. development will X GL4 Include or, otherwise contribute to land, trails, open sace and recreation purposes Y s 1. Conformity and compliance with the overall design theme of the town, the sub- area design recommendations and design guidelines of the Town., .A Staff-. Response: '),,,The 1996 Comprehensive Plan is the guiding, document that this application is being'reviewed for compliance -and •conformity:'o 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. • B• 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. Y rDesign compatibility,,, with the Immedlate 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 relatlonbhip 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) 7484030 Fax (970) 949-5749 The Confluence PUD- A=4 November 1", 2005 Planning & i .t to the 1998 PUD approval i i L/ oninit Commission meeting Page 12 of 13' 5. Site plan, buliding,design and location and open space provisions designed to produce a functional development' responsive: and sensitive to natural features, vegetationand'overall aesthetic quality of the community: i Staff Response: - a 0. 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:' 7. Functlonal and, aesthetic 'landscaping and open space in order to optimize and preserve natural features, recreation, views and function. t 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 phase*. Staff Response: 9. Adequacy of public services such as sewer, water, schools, transportation systems,• roads, parks; and police and fire protection. : „ V Staff Response: s- - . I' . ",. M 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 Responses- ti•.k - . ,,:s. - - ,i. , t. t•! .1 Y'., .. Vii. ::nAY- ^ti•. ,.. �a< -t]r i '( 11. That the PUD or amendment to PUD requestedprovides 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: x B. Approval of the zoning application provides long term economic, cultural or social community benefits that are equal'to of greater than potential adverse impacts as a result of the changed zoning rights. Staff Response: i 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:- , - V; - Town of Avon Community Development (970) 748.4030 Fax (970) 949-5749 r The Confluence PUD- Amend -at to the 1998 PUD approval November 1', 2005 Planning & Zoning Comrtiiiiion meeting Page 13 of 13 Recommendation Staff recommends that you review the area 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 yon 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, z., 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) 3 n .q , k -;n, 1 a -z u i:tr r w D. 2001 Confluence Proposed Illustrative Site Plan (available at meeting only) E. Proposed massing model (available at meeting only) ..- Vo F. Draft Comprehensive Plan District Policies sf „ a .. " P , Town of Avon Community Development (970) 748.4030 Fax (970) 949-5749 October 26, 2005 EXHIBIT A . A East West Partners To Town of Avon Planning and Zoning Commission. ° n From: John Evans, East West Partners ,. it 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. I f i'e i t . —0. :t- a *1 , 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 area 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. h, 0. ♦p. 1 + r o 1 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. 'I" 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 coneept plan. • ,* : l: r, Hotel w A Roof materi11 al: We will have samples of our proposed recycled roof material for o ' o you to see. 011 .. i 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' C, o We have a physical model (alieady 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 area 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. h, 0. ♦p. 1 + r ( EXHIBIT F C Town District Planning Principles Roundabout } Gondola to f=� Vehicular and Pedestrian Crossing Beaver Creek T rrSnsit 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 residentiaV rI .:..: 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. r 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 Page 7 1i 11 IT , .• °'fj '7 'f :l.. l N�4--. ". ^4` ls: 11 ° n -�i' J:r ZW ��rhConFluence Cevel�opment Site Urn,�en, nnr \� Upj Roundabout } Gondola to f=� Vehicular and Pedestrian Crossing Beaver Creek T rrSnsit 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 residentiaV rI .:..: 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. r 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 Page 7 1i 11 f` 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 wayfmding 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 a 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. Town of Avon Comprehensive Plan Page 8 m ; I opo R Qz-1 2-1 w � oObo :3o N a W ; � V z¢z w' �b a� won z C) 4-' cn V W H A c- a I I I I I I I I I I I F"hi ooO O C N W ; � V z�z w' �b a> w� z� V c- O' K6 ��R a�� � w ,. •~ t : J �1,V� t ..� __ c I t..t .J�w� �3HJ_ NOAV V EIONEm� - --------- -4- _-..�.-'--�.-....� �_ �_ �.. - -.__. _. UJ 0 LU ."_R VYMu 2 J Z F- Y) Al ZL m 44 . 46T I ��OPM 71 F asp MV - , It p �Itt■ � 1w ►s 1a \w �i ' ttii' ice" �, ~, let e`,� s 1w,1+,ta>•,a��twt1 _�r ' 117♦ c-_ ..— 11SAMNIN 6 ,,`1,�,\ i 11� ;i '� il.�. �' �' . � {� „iia. _ t�'�! � ® ..a.a.....aari, . J �r i��i � Town of Avon Planning & Zoning Commission Meeting �o 0 N Minutes November 1, 2005 4:00 pm Work Session with Town Council • Comprehensive Plan Review Eric Heidemann introduced Council. Ms. Leonard Rebecca Leonard, Conversation revolved gave a brief histo Design Workshop, to the regional/commercial designation, raround egard history °t the Co members of Town use of the Comp Plan to date and its direction. Town Code definitions and their correlation light Comp Plan, uses in with vague parameters versus definitive g Pollution and definition, various areas, density issues b locations, chronology with the Com historic designations, Y Y as with building P Plan. Continued discussion dealt 9y of the data in the om�ghts and commercial designation, • P plan and it presentation. Concept Review of 150 Room Hotel Project Folsom Prope Call to Order rty, Highway 6 $ 24 1• The meeting was called to order at 6:10 pm. II. Roll Call All Commissioners were in attendance. 111• Additions and Amendments to the Agenda There were no additions and amendments to the Agenda. IV. Conflicts of interest There are no conflicts of interest to report. V• Consent Agenda: Approval of the October 18 • Commissioner Struve requested ' 2005 Planning 8 Zoning Commission Page 2, 4� a change Meeting Minutes, environment but leparaave as man retain asg °n the Minutes for October much of the riverfrond 16, 2005, on y Cottonwood trees as and the natural Commissioner Struve motioned for a Possible". seconded the motion. Motion passed approval of the Consent Agenda and absence at the meeting. 0 with Commissioner Evans abstaining Commissioner Green VI, Unfinished Business - due to his Description: Comprehensive Plan - The Commission will review the complete d_raftLfo HEAR/NG Prior to a recommendation being made to the Town Council. review in the office of Com of the Comprehensive Plan Resolution No. 05.12 Community Development and will be available o ies P are available for Eric Heidemann oduring W°� Session. Public comment letter Public Comments discussion by his comments on the work session entered into the public record. November 1" and requested a 2005, from the Mauriello Planning Group to be Lj OPEN PUBLIC HEARING Dominic Mauriello, Mauriello Planning Group, representing an owner of property on Nottingham Road, approached the podium to comment. Mr. Mauriello provided to the Commission two letters and continued with comments .regarding specificity, redevelopment and possible incentives for redevelopment within the Comprehensive Plan for Nottingham Road. CLOSED PUBLIC HEARING Mr. Mauriello commented that the Land Use Map needed to be reviewed for accuracy. Commissioner Smith motioned to move the Comprehensive Plan to Town Council with addition of the three maps that were added today at Work Session. Commissioner Struve seconded the motion. All Commissioners were in favor and the motion carried unanimously. VII. PUD Amendment / Chateau St Claire - 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 C-keau St. Claire PUD. The proposed amendment to the PUD includes an extension of tr development schedule and period of vested property rights. Resolution No. 05-13 Matt Pielsticker , .sented the Staff Report to the Commission. In the fifth recital of Planning ar nission Resolution No. 05-13, Item a, should read, ..... Goals and Objects has squired ....". Commissioner Savage questioned where the Town stood financially with this project. Tambi Ka' �t �,�sponded that the Town has $100,000 in cash with $60,000 intended as restoration br, S40 Or') for employee housing fee that was to be dedicated when the project received tificate of Occupancy (TCO). This amount is different from the $250,000 re�torabui ; e quired by Town Council. Ron Wood, project manager for the CSC Land, approached the podium for Commissioner questions. Mr. Wood related that all items would be finalized by the specified date. OPEN PUBLIC HEARING Drew Dodd, Town of Avon homeowner, commented on the project by questioning what transpires when deadlines are not met and would it be quickly addressed. Commissioner Evans responded that it wouldn't be immediately accomplished. Mr. Dodd continued with commenting on issues of sufficient funds for restoration and having this project accountable for its deadlines. CLOSED PUBLIC HEARING Commissioner Evans questioned Mr. Wood as to why the extension should be granted. Mr. Wood responded that it would benefit the Town with revenue and the basic needs of Avon. Mr. Wood was questioned regarding the funding issue and he responded that there has been an influx of equity money and all contractor debt has been brought current. Mr. Wood continued that they were moving towards the proof and commitment to the Town of Avon Town Council that funding is guaranteed by a lender. Commissioner Evans questioned if that funding is i guaranteed at this point in time. Mr. Wood responded that it is a requirement of the PUD Amendment that there be a proven letter to the Council. Loan commitment to cover construction costs and other associated development costs of this project were concerns for Commissioner Evans and he found it difficult to send anything to Town Council without said documentation of development proforma and a loan commitment for costs. Commissioner Smith questioned the lender to be used and was responded that it was one bank. Commissioner Green asked if the building permit had expired and was replied that there have been numerous expirations and extensions on this project. Tambi Katieb interjected that the project was reinstated by MOU by Town Council. The building permit was reinstated to winterize the site only. Commissioner Green questioned if approved what would occur. Mr. Katieb responded that the Development Agreement Amendment was amending the term and certain points of the existing Development Agreement and would be reinstating the Building Permit; the Final Design to the point already adopted, and directed the Commission review Exhibit E, page 14 of the Agreement. Mr. Wood discussed the progression of the project with the ordering of the structural steel and completion of the steel erection by August 16, 2006 and the exterior finishes completion in April of 2007. A commitment/deadline date to prove to the Town that steel was ordered by March 30, 2005 and ordering steel requires a considerable amount of money. A new commitment that the order has been place and the funds have been submitted to the steel company by March 30, 2005. As well, by this date, the CDOT Permit must be back in place from its current expired status. Commissioner Savage asked if the March 30, 2006, deadline were not met what would happen. John Dunn, Town of Avon attorney, approached the podium and commented that the Town has an MOU from CSC Land that requires that CSC Land provide adequate evidence, to the satisfaction of Council, that there are sufficient funds to complete the project and they have a December 13, 2005, Council Meeting deadline. Mr. Dunn continued that N the funding was in place, the project could go on and the other deadlines would be less important, but the problem has been that the project has never been sufficiently funded. Mr. Dunn revealed that this matter was before the Planning and Zoning Commission in order move the deadline from 2006 to 2008 and in doing so required an amendment to the PUD Ordinance and as a change to a zoning ordinance, must be present to Planning and Zoning Commission prior to being presented to Town Council. The Development Agreement was still under negotiations. Mr. Dunn remarked that the MOU stated that the Development Agreement be concluded to the satisfaction of the Council by a December 13°i, 2005, deadline as well. Mr. Katieb commented that the Commission has a need for greater information in order to base a recommendation to Town Council. Commissioner Green motioned to approve Resolution 05 -13 which recommends to the Town Council to approve the Amendment to the Chateau St. Claire PUD and Development Agreement which would included the staff recommendations as noted and the additional following conditions, that the Town impose a Performance Bond on the project and that if, and only if, the fiscal financing of the project for its completion, for the entire duration of the project, the financial backup to that extent has been given to the Town Council and is to the satisfaction of the Town Council within the time frame set in the MOU and that this approval expires December 13, 2005, if those conditions are not met. Commissioner D'Agostino seconded and the motion passed 6 —1 with Commissioner Evans opposing. VIII. 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. Eric Heidemann presented the Staff Report. John Evans, East West Partners, approached the podium and remarked that a physical model was available but the model did not reflect the latest changes from the previous Planning and Zoning Meeting. He continued with modifications to the view corridor, grade changes, and transition from the river and the river activity area, along with an architecturally rendering. Mr. Evans demonstrated the site plan revisions and building redesign. Commissioner review discussed building heights. Eric Heidemann brought to the attention of the Commission the need for alternative roadway(s) and/or cul-de-sacs for ERFPD access and turnaround in the event the railroad lines were reactivated. Parking, employee housing will be discussed in the upcoming meeting. Commissioner Evans suggested that technical issues be addressed along with the PUD and the preliminary design. OPEN PUBLIC HEARING No public response was provided. CLOSED PUBLIC HEARING Commissioner consensus was for "nuts and bolts" of the project to be discussed by the applicant. Mr. Evans responded that the hotel was to be first phase built. Commissioner Savage motioned to table this application for the next commission meeting. Commissioner Green seconded the motion and all commissioners were in favor. XI. Other Business 1. Application filed by the RR to close the West Beaver Creek Crossing was voluntarily withdrawn. 2. Lot C was withdrawn at the last Town Council meeting. XII. Adjourn Commissioner Green motioned to adjourn. All Commissioners were in favor. The meeting was adjourned at 8:45 pm. Respectfully submitted, Ruth Weiss Recording Secretary 4 APPROVED: Chris Evans Chairman / Phil Struve Secretary ',d .. ` EXHIBIT E Staff Report PUD AMENDMENT November 16, 2005 Planning & Zoning Cc Report date November 7, 2005 Project type Mixed -Use Planned Development (PUD) Legal description The Confluence PUD Landing") Current zoning PUD Address 0095 Avon Road ission meeting Unit Amendment ("Beaver Creek Introduction Outlined below are several of the remaining discussion Items of the PUD amendment reviewed at the Initial hearing that we hope to complete at this meeting (please refer to the application submitted for specific details of each area highlighted below). In some cases the applicant has either responded to the Commission's suggestions regarding specific revision to the site plan (i.e. gondola location and building orientation) and/or has provided a more detailed analysis of specific areas of the plan (parking). Because the applicant submitted the parking analysis by Walker on November 10"', staff has had little time to review and comment on this report and encourages the Commission to explore the assumptions of both this report and the parking demand analysis located in Tab II of the appendix of your original bound application. We suspect that the majority of this meeting will be devoted to the parking analysis and discussion, and as such, we will focus the report primarily on that topic. If possible, we will also touch on the proposed employee housing mitigation. PUD Parking Background 6 Review Documents The applicant has provided an in-house analysis of the anticipated parking demand generated from the site along with analysis performed by Walker Parking Consultants (Exhibit A). Both analyses estimate the total parking demand projected based on use and anticipated management/control of the of the structured parking. The models used for this analysis are relatively sophisticated and staff has asked the applicant to provide an overview of both the in- house analysis and the consultant's findings during the meeting. Again, staff has had minimal time to review this analysis as it was submitted a day before the packets were distributed to the Commission. The proposed parking for all land uses (hotel, timeshare, and whole ownership) would be developed below grade, in some cases two levels below grade. The below grade parking would be connected in some areas with control devices allowing for access. For example, the timeshare west building would locate the retail component of the required parking in the shared parking area of the hotel. Staff prefers the use of below grade parking, as it is not only a more efficient use of the site; it helps to achieve the pedestrian environment that both staff and the applicant desire. This is a large departure form the existing PUD that contemplated all surface Town of Avon Community Development (970) 749-4030 Fax (970) 949.5749 The Confluence PUD- Amendment to the 1998 PUD approval Nnvember t5'". 2005 Planning & Zoning Commission meeting 2of8 parking, the extent of which would encompass approximately 1l3 of the site. That said, our goal is that the below grade parking is an effective, safe and convenient experience for the public. The analysis of parking performed by the applicant was developed using data provided by the Eagle County Airport along with data provided by Colorado Mountain Express (CME). In general terms, the purpose of the analysis is to explain visitor travel behavior in terms of the percentage of visitors that fly versus those that drive for each guest type. The model then takes that percentage of visitors that fly and generates a percentage of visitors who rent cars versus those that take a shuttle form the airport (Sections 1 and 2). Using these percentages, the model then calculates the projected percentages of owners/users that will have a car during their stay and therefore require a parking stall. This model is used for both the whole ownership and timeshare components of the development. It is important to note that the model assumes 100% occupancy, which represents the most conservative occupancy assumption. Of most Importance in your review, please consider the following requests being made by the applicant: A request for a fifteen percent (15%) reduction for 'shared parking' that is proposed for gjj parking in the application (however this is inconsistent with the 'Parking Analysis Summary Matrix' provided by Walker Consultants in Tab 2 of the November 10, 2005 Parking Analysis Handout). This additional reduction was not approved as part of the development standards that currently exist in the PUD. A request for the 30% maximum allowance of compact spaces for the entire project. This is the maximum amount permitted by Town Code. A request for a lowered parking ratio for 'Incidental Commercial' versus Standard Commercial, which include the Spa and Meeting Facilities. Please keep these items at the forefront of your review and in context to the existing PUD standards and the standards required by the Town Code, particularly the request for r a fuhave rther shared use reduction when the required Town Code ratio is not also being app attached the relevant sections of the Town Code. Because of the range of uses and the flexibility to permit different types of uses, the aggregate number of required parking spaces for the entire project is difficult to determine at this stage. Staff's analysis of the parking is therefore predicated on the specific land use and corresponding parking ratio. The following section is a parking comparison by land use based on the existing PUD, the proposed PUD, and the Town Zoning Code. Hotel Perking Proposal The proposed hotel will be programmed as a condo -tel, which combines owner occupied condominiums with an option to enter these units Into a rental pool. The program would allow for a mix of studio units, 1 -bedroom units, 2-bedrrom units, and 3 -bedroom units, all of which could be lock -off in various rental configurations. The parking ratio, however, is irrespective of the mix of units since this may vary through the design review approval process. As proposed, the parking ratio for the residential portion of the hotel is a request for a reduced parking ratio from both the existing approved PUD and Town Code. Town of Avon Cammunlry DevelWnent (970) (970) The Confluence PUD- Amendment to the 1998 PUD approval November 15th. 2005 Planning & Zoning Commission meeting Page 3 of 8 The hotel also includes commercial uses, which are discussed in detail below, however the Walker Study is applying a 15% shared use reduction to this portion of the project and the original application is proposing a 15% reduction to the entire project. The applicant should clarity this condition for staff and the Commission; however, irrespective of the request staff does not support a further reduction from a standard they would like to create for this project specifically. The 15% reduction should not be taken out of context to the required ratio that it is attached to in the Town Code (see AMC requirements attached as Exhibit B). Under the proposed use configuration, the application seeks a variance from the Town Code of approximately 56 spaces for the hotel. Compared to the current PUD standard, the variance is only 10 spaces. Again, the Commission should consider that the ratio is capped with a maximum of 1.2 spaces per unit maximum, so that a 2 or 3 bedroom unit Is parked the same as a 2 bedroom unit in the hotel. The application also suggests that the maximum allowance for compact spaces ("Parking Space Size Reduction for Compact Cars", AMC 17.24.020/ Exhibit B) be employed in this PUD, which amounts to 30% of the entire parking. In the specific analysis provided by Walker and assuming that 601 total spaces would be constructed as a result of the unit counUmix, that allowance would permit the construction of 180 compact spaces. Irrespective of the ,unit mix or total number of spaces or final parking ratio that might be acceptable to the Town, staff would strongly recommend that you not approve greater than a 10% allowance for compact car spaces if any at all considering that all the parking provided is underground. Compact spaces are functionally incompatible with the type of vehicles used in our mountain resort community and cause poor circulation and parking experiences for the users in all structures that are constructed in this area. Also important to note for parking under the hotel is the use of at least 25 'tandem/stacked spaces' (See Floor Plans under Tab 4 of the Walker Parking Analysis dated November 10, 2005). The Town Code does not address stacked or tandem parking and this situation has historically not been allowed on any commercial site, however, there should be consideration for a limited allowance of tandem parking provided the valet management of that situation is codified through the PUD approval and runs with the project In perpetuity. Commercial Perking Proposal With the exception of the commercial uses located on the ground floor of the timeshare west building, the majority of commercial land uses will be located along the public plaza and in the hotel building. The parking required for these uses will be located in the shared use parking of the hotel. The applicant is proposing two standards for commercial uses; standard commercial and incidental commercial. As proposed, the existing PUD and the proposed PUD have the Town of Avon Community Development (970) 748.4030 Fax (970) 949.6749 Parking Comparisons Land Use Existing PUD Proposed PUD Town Code Variation by use Hotel 1 per BR 1 per BR, 1.2 1 per BR, 15 No per BR % maximum (any ff space per add space/ 1.2 max add. BR's) BR The hotel also includes commercial uses, which are discussed in detail below, however the Walker Study is applying a 15% shared use reduction to this portion of the project and the original application is proposing a 15% reduction to the entire project. The applicant should clarity this condition for staff and the Commission; however, irrespective of the request staff does not support a further reduction from a standard they would like to create for this project specifically. The 15% reduction should not be taken out of context to the required ratio that it is attached to in the Town Code (see AMC requirements attached as Exhibit B). Under the proposed use configuration, the application seeks a variance from the Town Code of approximately 56 spaces for the hotel. Compared to the current PUD standard, the variance is only 10 spaces. Again, the Commission should consider that the ratio is capped with a maximum of 1.2 spaces per unit maximum, so that a 2 or 3 bedroom unit Is parked the same as a 2 bedroom unit in the hotel. The application also suggests that the maximum allowance for compact spaces ("Parking Space Size Reduction for Compact Cars", AMC 17.24.020/ Exhibit B) be employed in this PUD, which amounts to 30% of the entire parking. In the specific analysis provided by Walker and assuming that 601 total spaces would be constructed as a result of the unit counUmix, that allowance would permit the construction of 180 compact spaces. Irrespective of the ,unit mix or total number of spaces or final parking ratio that might be acceptable to the Town, staff would strongly recommend that you not approve greater than a 10% allowance for compact car spaces if any at all considering that all the parking provided is underground. Compact spaces are functionally incompatible with the type of vehicles used in our mountain resort community and cause poor circulation and parking experiences for the users in all structures that are constructed in this area. Also important to note for parking under the hotel is the use of at least 25 'tandem/stacked spaces' (See Floor Plans under Tab 4 of the Walker Parking Analysis dated November 10, 2005). The Town Code does not address stacked or tandem parking and this situation has historically not been allowed on any commercial site, however, there should be consideration for a limited allowance of tandem parking provided the valet management of that situation is codified through the PUD approval and runs with the project In perpetuity. Commercial Perking Proposal With the exception of the commercial uses located on the ground floor of the timeshare west building, the majority of commercial land uses will be located along the public plaza and in the hotel building. The parking required for these uses will be located in the shared use parking of the hotel. The applicant is proposing two standards for commercial uses; standard commercial and incidental commercial. As proposed, the existing PUD and the proposed PUD have the Town of Avon Community Development (970) 748.4030 Fax (970) 949.6749 The Confluence PUD- Amendment to the 1998 PUD approval November 151°. 2005 Planning & Zoning Commission meeting Page 4 of 8 same standard with respect to the standard commercial uses (i.e., retail, office space). However, the incidental commercial ratio is proposed at a much lower ratio (2:1000) For the standard commercial uses, the applicant has proposed a higher ratio (5:1000) than required by the Town Code (4:1000). For the restaurant use, the applicant's proposed standard, which is a standard that applies to all commercial uses, is less than required by the Town Code. However, the difference in the aggregate required commercial spaces appears too be a wash. Because the square footage of the restaurant and retail space is not fixed, it is difficult to determine the precise total required commercial parking spaces, but it is reasonable to assume that of the commercial space proposed (20,000 square feet — 40,000 square feet) the restaurant use would be a maximum of 20% of the commercial space required (4,000 square feet), and therefore the variation in ratio for the restaurant use would be negligible given the proposed increase in the standard commercial parking ratio. The Incidental Commercial proposed parking ratio would apply to the spa and meeting (conference) facility. There was specific discussion at the prior meeting regarding the use of the spa and whether guests outside the resort would be permitted to use the facility. In the event the spa is available for guests outside the resort, the Commission should consider whether the proposed parking ratio (2:1000) is sufficient for this use. Likewise, staff has expressed concern to the applicant that such a limited parking ratio for a meeting facility that could host small local conferences or weddings could create a poor user experience. Staff would prefer to park both the spa and meeting facility at the standard commercial ratio of 5:1000. Timeshare Parking Proposal There are two proposed timeshare buildings located on the east and west sides of the hotel. The parking ratios proposed for this use are greater than the existing PUD by .3 spaces per unit (two bedroom lock off unit), but less than required by the Town Code by .5 spaces per unit. The analysis provided by the applicant and their consultant concludes, "that 1.5 spaces per unit required is appropriate for timeshare parking." The report also Indicates "national research data for all rental—type residential units (including apartment) shows an average peak parking demand ratio of 1.5 cars per two-bedroom." The consultant assumes that the parking demand for the Westin may actually be slightly lower given some guests may arrive at the resort using a shuttle. Under the proposed use configuration, the application seeks a variance from the Town Code of approximately 56 spaces for the timeshare. Compared to the current PUD standard, the Town of Avon community Development (970) 748-4030 Fax (970) 949-5749 Par Ing Com arisons Land Use Existing PUD Proposed PUD Town Code Variation by use Commercial 5 per 1,000 5 per 1,000 GLFA 4 per 1,000 +1 per 1,000 Retail GLFA GLFA GLFA Standard - Commercial 5 per 1,000 5 per 1,000 GLFA 1 per 60 s.f. -16 per 1,000 Restaurant GLFA seating GLFA Standard Commercial 5 per 1,000 2 per 1,000 GLFA 4 per 1,000 -2 per 1,000 GLFA Spa GLFA GLFA Incidental Timeshare Parking Proposal There are two proposed timeshare buildings located on the east and west sides of the hotel. The parking ratios proposed for this use are greater than the existing PUD by .3 spaces per unit (two bedroom lock off unit), but less than required by the Town Code by .5 spaces per unit. The analysis provided by the applicant and their consultant concludes, "that 1.5 spaces per unit required is appropriate for timeshare parking." The report also Indicates "national research data for all rental—type residential units (including apartment) shows an average peak parking demand ratio of 1.5 cars per two-bedroom." The consultant assumes that the parking demand for the Westin may actually be slightly lower given some guests may arrive at the resort using a shuttle. Under the proposed use configuration, the application seeks a variance from the Town Code of approximately 56 spaces for the timeshare. Compared to the current PUD standard, the Town of Avon community Development (970) 748-4030 Fax (970) 949-5749 The Confluence PUD- Amendment to the 1998 PUD approval Page 5 of 8 November 15d. 2005 Planning & Zoning Commission meeting 8 variance is 90 spaces. Again, the Commission should consider that the ratio is capped with a maximum of 1.5 spaces per unit maximum, so that a 3 bedroom unit is parked the same as a 2 bedroom unit. ss roposed PUD t Town-do—d-ij Variation by 11 Timeshare 6 per BR 75 per BR, 1.5 per 1 per 600 sq. 25 per studio, .5 unit maximum (any ft. per Add BR # add. BR's) Whole Ownership parking Proposal The whole ownership portion of the development represents the largest variation in parking when comparing the proposed PUD with the Town Code. The variation in most cases would be approximately .7 spaces per unit, assuming all the whole ownership units are greater than one - bedroom. Please refer to page 9 of the Walker memo and Tab II of the PUD amendment application for the explanation of the analysis relative to whole ownership units. Land Use Parkin Com arisons Proposed PUD Town Code ExistinEunitup Variation by Condo/Town home 2.0 per 1.2 per unit1.5per1BR,2 to 28Rmaximum (any #all others add add. BR's .3 up to one unit, .7 all other Under the proposed use configuration, the application seeks a variance from the Town Code of approximately 126 spaces for the whole ownership portion of the project. Compared to the current PUD standard, the variance is 136 spaces. Again, the Commission should consider that the ratio is capped with a maximum of 1.2 spaces per unit maximum, so that a 2 or 3 bedroom unit is parked the same as a 2 bedroom unit in the hotel. Total Parking Summary According to the current configuration proposed by the applicant and located in Tab 2 of the Walker Parking Analysis, the total parking being provided for the Confluence is summarized as follows: Proposed PUD Application Total Parking of 601 Against Approved PUD Standards Total Parking of 752 Against Town Code Standards Total Parking of 839 Thus, the application represents a reduction in proposed parking to Town Code standards of approximately 238 total spaces, and 151 total spaces against the existing Confluence PUD standards. In percentages, this is a reduction of approximately 29% from existing Town Code standards and approximately 20% from the existing and approved PUD standards. Town of Avon Community Development (970) 749-4030 Fax (970) 949.5749 The Confluence PUD- Amendment to the 1998 PUD approval November 15'", 2005 Planning & Zoning Commission meeting Page 6 of B Employee Housing As previously reviewed, the existing PUD development agreement requires one employee housing unit for every ten dwelling units created on site. This requirement was a product of negotiation and standing inclusionary policy, not based on any well-defined Town housing plan or regulation at the time. The current proposal states that to satisfy the Town's need for employee housing, a pay in lieu fee In the amount of approximately $600,000 (i.e. $20,000 for every 15 dwelling units constructed, or an equivalent of approximately $1,300 per unit). Irrespective of the proposal, the application should be reviewed in context of the Town's existing policies on housing and also in context of the type of project the Confluence represents - a catalyst for development of the Town Core. The Town's existing Comprehensive Plan supports affordable housing through a variety of means, including: public and private efforts, upgrading existing affordable housing, and the development of additional affordable housing on appropriate sites. We do believe that a contribution and creation to a Town capital fund for employee housing can further the long-term goals of the Town. However, the contribution of funding without a place of 'deployment' does not necessarily contribute to or alleviate the issue of employee housing needs being generated by the development. Most recently, we have engaged in discussions with Eagle County as they update their housing plans and policies and (potentially) enact legislation that will require a percentage of Inclusionary/employee housing for all project approvals in the County. We have also discussed the potential to create a Housing Authority that would be better able to coordinate and manage employee housing projects county -wide, Including the programs of the Towns. The contribution of $600,000 (based on full build out) has no correlation to the average annual estimate of Full Time Equivalent employees generated by the project - submitted by the applicant as 211 (261 during peak season and 161 during shoulder season). As previously discussed, it also bears no obvious correlation to the savings realized by the applicant in not constructing on-site housing opportunities. In response, however, the applicant has suggested that the project brings substantial public benefit to the Town through other means (the gondola, riverfront park experience, the catalyst for new development and redevelopment, etc.). Staff does not argue with this premise, however we also recognize that this project will generate a certain amount of demand on employee housing, either rental or ownership, that does not necessarily bear any correlation to the proposed fee being dedicated. We also recognize that the Confluence, as with any project reviewed or approved by the Town, would need to find 211 housing opportunities to entirety 'close the gap' in theory and that this solution is Impractical and does not respect the economic and social benefits created by the type of project proposed. As with any affordable housing policy or regulation, the 'benchmark' of new housing which must be provided or otherwise accommodated by new development is a function of public policy as well as proportionality. In Eagle County, a benchmark of 100% would still not meet the needs of the Town or County as a result of past development approvals. Combined with the lack of a clear written policy or regulatory instrument, this makes the subject of employee housing difficult for staff to evaluate, as the end result will be a product of negotiation and not necessarily based on clear direction. Town of Avon Community Development (970) 748.4030 Fax (970) 949-5749 rf• the Confluence PUD= Amendment to the 1998 PUD approval Page 7 of 8 November 15i°. 2005 Planning & Zoning Commission meeting That said and after much internal dialogue on the subject, staff remains unconvinced that the existing. 101/6 dedication on-site is an unreasonable request, and the applicant should be prepared to evidence to the Commission and Council why this cannot work. Though we may not have solved the problems of the Town through our existing negotiated 10% exaction, staff is very pleased with the historical results: mixed-use projects like Chapel Square or Lot C that incorporate employee housing on-site add long-term community benefits to the Town Core and diversity our housing stock. To that end, adding a slight increase to the total allowable units is not an issue in staffs opinion if the desire of Town remains to have employee housing mixed with the market housing on-site where employment is generated. Should the Commission and Council agree with the applicants position that employee housing on site Is not possible, guidance should be provided to the applicant as to the fee in lieu dedication amount and timing that would be acceptable. Water Rights Staff has met with the applicant on several occasions to discuss the projected demand for water and the necessity of the developer to provide the anticipated water. It is staff's expectation that this analysis and the subsequent review by the Town's water attorney may not be complete between now and the December 20'" meeting. However, to ensure this item does not hold up the PUD review process and is satisfactorily addressed by the applicant, staff will prepare a condition requiring this item is resolved prior to the issuance of any building permit. Topics for Next Meetings Review Our subsequent meetings will review the PUD Development Plan and Development Standards, Preliminary Subdivision comments, proposed conditions of approval recommended by staff and any other areas you identify as requiring further discussion. 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. Staff Recommendation Staff recommends that you review the areas outlined for discussion in this report, also reviewing the applicants response to the discussion held at prior first meetings, and then motion to continue the file to the regular meeting of the Commission on December 20, 2005, with submittal of revised plans no later than December 6, 2005. To continue to the next regular meeting of December 6, 2005 will not allow staff adequate time to review the final development plan, the revised subdivision plan, or the revisions that may result from your deliberation as a result of the holidays and the anticipated time it will take the applicant to respond. Town of Avon Community Development (970) 748.4030 Fax (970) 949.5749 The Confluence PUD- Amendment to the 1998 PUD approval November 151'. 2005 Planning & Zoning Commission meeting Page 8 of 8 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 ric Heidemann, AICP Senior Planner Attachments: A. Parking Analysis dated November 100', 2005 B. Avon Municipal Code Parking Requirements C. Ordinance 98-20 A 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 (070) 748-4030 Fax (970) 949.5749 To: Tambi Katieb, Planning Director, Town of Avon From: Carol Gill-Mulson, Deputy Chief, ERFPD Date: 11/15/2005 Re: The Confluence at Avon, Site Plan, Alternate L Study The above submittal was reviewed for emergency vehicle access with the following comments: - Based on the number of stories of Buildings A, B, and C, the cul-de-sac identified as the "RR crossing contingency" may need to accommodate the turning requirements of the ladder truck. This will require verification with a site plan submittal signed by an engineer. - The round -about at Building D appears adequate for ladder tnick access. It's my understanding this building is greater than 3 stories in height. - Accesses in front of Buildings E, F, and G have been previously reviewed and if no changes are proposed, they appear to accommodate the ladder truck. Again, this would need to be verified with a site plan submittal signed by an engineer. Please contact me with any questions at 970-748-4741 RECEIVED NOV 1 5 2005 Community Development Arn M. Menconi 3023A Wildridge Road Avon, CO 81620 November 14, 2005 Re: The Westin Riverfront Resort & Spa To: Avon Planning & Zoning Commissioners I am sorry I will not be able to attend the hearing on Tuesday, November 15"'. I have anxiously been awaiting this file. I wish this letter to be read into the record and sent to the town council as well. I received from East West Partners a conceptual plan of this project this summer. I reviewed It and the application for amendment to the 1998 PUD (Version A). I understand this might not be the most current version of the application, but as It was the only one available it is what I used to prepare my comments. I have lived in Avon since 1991. I moved into Avon Crossing in 1996, as one of the first residents, and I witnessed the construction of Canyon Run. The town of Avon made a grave error in not requiring the applicant to respect the river environment as a public amenity. I see the confluence PUD as a renewed opportunity to not take anything for granted from the original PUD approved In 1998 on this and other issues. This site is a metaphor for much of the dual nature of Avon. Avon is both a resort and a community; a beautiful natural environment and an urban center and both of these dualities cross at the confluence. To me this application must be reviewed to find the best balance between these sometimes conflicting requirements. I understand that the current design has somewhat evolved away from the original concept of smaller, human scaled buildings on the western end of the site (as depicted in the plans I have) to a larger condominium building of greater height. This change must be fully evaluated for its impacts. Is it better for the river environment to have larger single buildings? Or more human scaled dispersed buildings that allow the natural environment to blend and mix into the built environment? One thing that Canyon Run did was to form a wall along the river and I believe that was a mistake. A central theme must be to preserve the natural attributes of the river environment. I learned this from working with Mr. Frampton, the Vail Valley Foundation and Eagle County on preserving 72 acres in Edwards along the river. The Eagle River is a unique asset and one that should remain for public enjoyment. It is even more special when river preserves are located within urban communities. The balance between community and resort is also central to this location and should be central to this application. I recognize that the gondola and the proximity of the transit center make this an ideal location for resort amenities. I also recognize the efforts the developer has taken to preserve the connection from the town center to both the gondola and the river, but I think that more can be done. . The connection from the public plaza to the river seems tenuous and forced and too urban. I believe that this connection should be a transition and dissolve Into the natural environment In much the same way that I feel the townhome scheme was a better transition In.building scale. I also feel that there should be some method to ensure the public nature of this connection either in the form of an easement or other measure. A permanent view corrldor should also be identified to preserve the visual connection from town center to Beaver Creek. Another way that community and resort should be balanced, in my opinion, Is for there to be some measure of residents that can obtain and live permanently on the site along with the resort guests. This applies to both employee housing and to town citizens who wish to live on the river adjacent to resort amenities. I am opposed to the proposed pay -In -lieu of contribution to satisfy the employee housing requirement. The original, 1 unit per 10 dwelling units, is more appropriate. I have been studying the numbers and predictions being generated by NWCCOG and I am becoming increasingly concerned about these predictions, which negatively affect the Job/Housing Ratio. There Is no question in my mind that we cannot continue to push this problem away and into the future. A project such as this is an ideal place to begin a new paradigm of integration and community planning. I know that the Council has been presented with the data I speak of, but I am not sure that the Commission has seen this data. I would encourage the Commission to become familiar with this data and for them to direct staff to evaluate the housing issue fully before making a recommendation. Find Impacts of Second Home study at' http://www.nwc-co(i.co.u5iSecond%2oHome%2)Stu econd home study.htm). Most importantly Is that you see this a new beginning and the last most important landuse decision for the Town of Avon. I would hope that this file and Its concerns such as housing, traffic, design, community benefits, cost to serve, road Impacts, and environmental Integrity are truly vexed. Thank you for your service to our town, Arn Menconl Town Resident CONFLUENCE DEVELOPMENT PLAN Development Standards by Lot RECEIVED u L 0 ZOOS Community Develop mt III 'WOO 1Q1Q, vacaiwn vwnersrnp ana rractionai ree Ownership Apartments, Condominiums and Townhomes Lodging Support Uses Standard Commercial Uses Incidental Commercial Uses Temporary Vacation Ownership Sales Center Maximum Height 40 ft. Maximum Dwelling Units 30 DU's Minimum Commercial 20,000 sq. ft. on Lot 1, 2 & 4 combined if hotel is built Maximum Commercial 5,000 sq. ft. on Lot 1a and Lot 1b combined Minimum Setbacks: River 60 ft. East 0 ft West 0 ft North 0 ft. CONFLUENCE DEVELOPMENT PLAN Development Standards by Lot Allowed Uses Timeshare, Vacation Ownership and Fractional Fee Ownership Apartments, Condominiums and Townhomes Lodging Support Uses Standard Commercial Uses Incidental Commercial Uses Temporary Vacation Ownership Sales Center Public Uses Maximum Height 100 ft. Maximum Dwelling Units 90 DU's Minimum Commercial 20,000 sq. ft. on Lot 1, 2 & 4 combined if hotel is built Maximum Commercial 5,000 sq. ft. on Lot 1a and Lot 1b combined Minimum Setbacks: River N/A East 0 ft. West 0 ft. North 0 ft. CONFLUENCE • DEVELOPMENT PLAN Development Standards by Lot LOTT f.,�G '.t'{i ll rgt:�l��,f S.y tai' ?Cdt ylt R- t��b$G�tw•I'{i{;�`Vi P.F. X55 wy t �y 'Mls9 �Yr�1 Y /V • � ��� � "�tl�i,l"l 1l 1 4 �il• ���•'+� �t i$ ;1 d �1di� � i���qY� s. It �y; i y � Kr ,�4 i N t +t4lt( e��'.! ( .. C] y, >_ ., N.. mT_# 4o..,Z•.ii. �.±�x+... sa ice._.. ii1 '�...) .. x..l lt.l.. _. ... ,. .txn_C .. 1: _., .:?7 Allowed Uses Residential/Lodging Uses Lodging Commercial Uses Standard Commercial Uses Incidental Commercial Uses Lodging Support Uses Temporary Vacation Ownership Sales Center Public Uses Maximum Height 130 ft. Maximum Dwelling Units 140 DU's Minimum Commercial 20,000 sq. ft. on Lot 1, 2 & 4 combined if hotel is built Maximum Commercial 40,000 sq. ft. Minimum Setbacks: River 75 ft. East 0 ft. West 0 ft. North 0 ft. CONFLUENCE DEVELOPMENT PLAN Development Standards by Lot Lori Allowed Uses Open Space Public Uses CONFLUENCE DEVELOPMENT PLAN Development Standards by Lot rinn. .. +.. . ..`,. .n ♦ �_. ;y� !!. +. 1� y. .,, _.�.�,� i w'+4.aJ� �lsi+.k...in.N .x`4c qi:e�._... f.. .ri and Fractional Fee Ownership Apartments, Condominiums and Townhomes Lodging Support Uses Standard Commercial Uses Incidental Commercial Uses Temporary Vacation Ownership Sales Center Public Uses Maximum Maximum Dwelling Units ou vu ts Minimum Commercial 20,000 sq. ft. on Lot 1, 2 & 4 combined if hotel is built Maximum Commercial 10,000 sq. tt. River 75 ft. East 0 ft. West 0 ft. North 0 ft. l CONFLUENCE DEVELOPMENT PLAN Development Standards by Lot v �eS `t�Y "• 11c rrt' 3 f� ys' ♦ -u•r � Allowed Uses Timeshare, Vacation Ownership and Fractional Fee Ownership Apartments, Condominiums and Townhomes Lodging Support Uses Standard Commercial Uses Temporary Vacation Ownership Sales Center Public Uses Maximum Height 85 ft. Maximum Dwelling Units 160 DU's Minimum Commercial None Maximum Commercial 5,000 sq. ft. Minimum Setbacks: River 75 ft. w/ encroachments permitted for balconies, eaves and porches for no more than 15% Lot 5 river frontage East 0 ft. West 0 ft. North 0 ft. EXHIBIT B 17.24.020 Off-street parking. (a) General requirements. (1) Location. a. All parking spaces required to serve buildings or uses erected, established, altered or enlarged after the effective date of the ordinance codified in this Chapter shall be located on the same lot as the building or use served, except that up to forty percent (40%) of the parking spaces required to serve industrial buildings or uses may be located within rive hundred (500) feet of the building or use served, or to serve commercial and residential buildings or uses may be located within three hundred (300) feet of such building or use served, but only if such parking is developed in accord with all the applicable district regulations. Off-site parking shall not be located in such a location so as to require the user to cross a major barrier such as a street, river, ditch, etc., in order to reach the use requiring the parking. Establishment of off-site parking shall be a special review use. b. Buildings or uses existing on the effective date of this Chapter which are subsequently altered or enlarged so as to require the provision of parking spaces under this Chapter may be served by parking facilities located on land other than the lot on which the building or use served is located, provided such facilities are within five hundred (500) feet walking distance of a main entrance to the use served for industrial uses and three hundred (300) feet for commercial uses. c. Owners of property nonconforming as to parking requirements who elect to provide additional parking may locate such parking on land other than the lot on which the building is ( located, subject to the provisions listed immediately above. d. Off-street parking spaces, including the adjacent area used for turning movements necessary to enter or leave the parking spaces when open to the sky, may be located in any yard except the front ten (10) feet of the required front yards, and unless otherwise specifically restricted by this Chapter. Enclosed buildings and carports containing off-street parking shall be subject to the applicable district yard requirements. (2) Control of off-site parking facilities. a. In cases where parking facilities are permitted on land other than the lot on which the building or use served is located, such facilities shall be in the same possession as the lot occupied by the building or use to which the parking facilities are accessory. Such possession shall be by deed or lease, and such deed or lease shall be filed with the recorder of deeds of Eagle County. b. If possession is by lease, the term of the lease shall be perpetual in nature running for the duration of the use requiring the parking. Should the lease be terminated prior to the termination of the use, the person operating the use shall provide evidence that all off-street parking requirements are being met. Failure to do so shall classify the use as an illegal nonconforming use and appropriate action shall be taken by the zoning administrator to terminate the use or bring it into compliance with the requirements of this Chapter. (3) Size and vertical clearance. All minimum requirements as to size, shape and design of spaces, aisles and drives shall meet standard Town specifications. Such space shall have a vertical clearance of at least seven and one-half (7.5) feet, a minimum width of nine (9) feet and a depth of eighteen (18) feet for ninety degree (900) parking. All spaces exposed to the weather shall be marked with yellow striping at least once a year. (4) Access. Except on lots accommodating single-family or duplex dwellings, each off-street parking space shall open directly upon an aisle or driveway of a width of twenty-four (24) feet for ninety -degree parking and design meeting standard Town specifications. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement, and all such points of access must be approved by the Town Engineer. (5) Shared parking provisions. a. Private facilities. off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements governing location of accessory parking spaces in relation to the use served and adhered to. Further, no parking space or portion thereof shall serve as a required space for more than one (1) use unless otherwise authorized by the Planning and Zoning Commission. b. Public facilities. I. Where the Town has constructed or proposes to construct public off-street parking facilities, the Town Council may, by resolution, establish a shared parking district within the boundaries of an area set forth by the resolution. When such a shared parking district has been established, all, or a part, of the private off-street parking spaces required within the parking district may be provided by a public off-street parking facility located within said district. Prior to property owners within the established parking district being allowed to so reduce the number of private off-street parking spaces, such owners shall submit, and the Town Council must approve, a parking and site development plan for the affected properties within the parking district. Such plan shall show proposed development of the area and how the total number of required off-street parking spaces will be provided by the use of public and private facilities. In addition to an approved parking and site development plan, the Town Council may, as it deems necessary and appropriate, require formal agreements with the property owners concerning land dedications and easements, participation in construction and maintenance costs of the public facilities and other related matters. Subsequent to formal execution of agreements and availability of the parking facilities, property owners may reduce the number of private off- street spaces required in accord with the approved parking and site development plan. 2. The total number of off-street parking spaces provided by the combined public and private facilities within the shared parking district shall not be at any time less than the number required by this Section. (6) Reduction in parking requirements for mixed-use projects. Notwithstanding the provisions of Subsection (c) hereof, the minimum parking requirement for a mixed-use project shall be determined by the Planning and Zoning Commission as part of its review of any plan for development and shall be calculated as follows: Main level — 5.5 spaces/ 1.000 square feet; Additional levels, including basements— 4.0 spaces/1,000 square feet; Residential — in accordance with Section 17.24.020(c)(1); Provided, said minimum requirement may be reduced by a factor of fifteen percent (15%) upon determination by the Planning and Zoning Commission (as part of plan approval and not as a special review use) that the following criteria are met: a. , No parking spaces are reserved for use (except by handicapped persons); b. The mixed-use project will be served by the Town's bus system; c. The mixed-use project is located within a TC, SC, RHDC or PUD zone district; d. Adequate snow storage on site will be provided; e. At least seventy-five (75) parking spaces are provided; if application of the reduction formula results in the requirement of less than seventy-five (75) spaces, the minimum requirement hereinabove provided shall govern and reduction will not be permitted. Reductions in the number of required parking spaces for mixed-use projects shall not be made in combination with a reduction made on a large single -use basis. (7) Parking space size reduction for compact cats. Up to thirty percent (30%) of the total number of parking spaces provided in covered or underground structures on lots containing twenty-five (25) or more parking spaces may be reduced in size down to a minimum of eight (8) feet in width by sixteen (16) feet in length for use by compact cars. Such spaces shall be clearly signed for compact cars only and marked with double yellow striping. (8) Reduction in parking requirements for large single -use projects. Minimum requirements for large single -use projects shall be determined in accordance with Subsection (c) hereof. The minimum parking requirements for commercial uses established by Subsection (c) hereof may be reduced by a factor of fifteen percent (15%) in the case of large single -use projects upon determination by the Planning and Zoning Commission (as part of its review of any plan for development but not as a special review use) that the following criteria are met: a. No parking spaces are reserved for use (except by handicapped persons); b. The large single -use project will be served by the Town's bus system; c. The large single -use project is located within a TC, SC, RHDC or PUD zone district; d. Adequate snow storage on site will be provided; e. At least seventy-five (75) parking spaces are provided; if application of the reduction formula results in the requirement of less than seventy-five (75) spaces, the minimum requirement hereinabove provided shall govern and reduction will not be permitted. Reduction in the number of required parking spaces for large single -use projects shall not be made in combination with a reduction made on a mixed-use basis. (9) Computation. When determination of the number of off-street parking spaces required by this Chapter results in a requirement of a fractional space, any fraction shall be counted as one ( I ) parking space. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty and/or residing on the premises at any one ( I ) time. (10) Utilization. Except as may additionally be provided for the parking of trucks and other large vehicles, accessory off-street parking facilities provided in accord with the requirements of this Chapter shall be solely for the parking of passenger motor vehicles of patrons, occupants, visitors or employees of such uses. (11) Design and maintenance. a. Plan. Except for single-family and two-family residential uses, the design of parking lots or areas shall meet standard Town specifications. b. Character. Accessory parking spaces may be open to the sky or enclosed in a building. c. Surfacing. All open, off-street parking areas shall be surfaced with asphaltic concrete, concrete or other approved hard surface, which shall be constructed and maintained in accord with specifications of the Engineering Department. d. Drainage. All open off-street parking areas shall be graded and drained to dispose of surface water accumulation in accord with standard Engineering Department practices. e. Landscaping. All open vehicle parking areas containing more than six (6) parking spaces shall contain at least five percent (5%) of the area in landscaping that blends in compatibly with adjacent existing or proposed developments. Such landscaping shall be in keeping with the character of the Town. Large lots containing more than thirty (30) parking spaces shall be periodically broken with islands containing landscaping similar in character to that found throughout the Town. Said landscaping shall be evenly spread throughout the parking area. The area located outside the actual perimeter of the parking lot shall not be counted in the five percent (5%)landscaping area. f. Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties and public streets in such a way as not to create a nuisance. All lighting shall be a sodium vapor type light. g. Wheel guards. All perimeter parking spaces, except for single-family and duplex family use, shall be provided with wheel guards or bumper guards so located that no part of parked vehicles will extend beyond the property line. h. Vehicle repair and service restrictions. No vehicular repair, service or maintenance activities done anywhere upon a residential district lot shall be done for remuneration; additionally, no such activities whether or not for remuneration shall be permitted on any vehicle with either a gross weight or a gross carrying weight of ten thousand (10,000) pounds or more. (b) Specific requirements. (1) All off-street parking spaces required by this Chapter, except those required for single-family and two-family dwellings, shall be designed in accordance with the standard Town specifications. Off-street parking spaces shall be provided in accordance with the specified parking requirements as hereinafter set forth in the Off -Street Parking Table. (2) Parking spaces for major accessory uses which are specifically enumerated within the Off - Street Parking Table shall be provided in addition to those required by the principal use. Parking spaces for accessory uses not specifically enumerated within the Off -Street Parking Table shall be assumed to be included in the principal use requirement. (3) If for any reason the classification of any use for the purpose of determining the amount of off-street parking, or the number of spaces to be provided by such use is not readily determinable hereunder, the parking requirements of such use or the number of spaces to be provided shall be determined by the zoning administrator, after recommendation by appropriate Town departments, based upon the most similar uses for which specific requirements are provided. (c) Off -Street Parking Table. Off -Street Parking Table (I) Residential Land Use a. Per dwelling unit: 1. Single-family or duplex 2. Multifamily building and townhouses a) Studio b) One bedroom c) All others Per accommodation unit including lockoffs: I. One bedroom 2. Over one bedroom c. Guest parking spaces: I. Multifamily and townhouses a) 3-5 units b) 5-10 units c) 11-15 units d) 16-20 units e) 21-25 units I) over 25 units d. Mobile home parks: e. Timesharing units: (2) Commercial Land Use a. Shopping and convenience goods retail b. Personal services and repair est.8usinesses and professional services0f£ce buildings and banks (except drive-in banks) c. Drive-in banks d. Restaurants- food consumed within structure only, outside patio used with a bar or restaurant do not require any additional parking. e. Restaurants - carry -out only - food consumed on premises L Restaurants with drive -up window g. Service stations h. Commercial recreation facilities, bowling alleys Tennis courts Handball and racquetball courts Swimming pools Minimum Requirements 2 spaces/unit3 spaces/unit for units over 2,500 sq. A. not including garage I space I spaces 2 spaces I space I space plus % space for each additional bedroom in excess of one 2 spaces 3 spaces 4 spaces 5 spaces 6 spaces 7 spaces plus I space for each 5 units in excess of 25 up to a maximum of 10 additional spaces 2 spaces�mobile home space I space per 600 square feet but not less than I space per unit unless reduced as part of a mixed-use project reduction. Minimum Reauirements 4/1000 sq. fl. GLFA 3/1000 sq. ft. GLFA 3/1000 sq. ft. GFA plus 5 storage spaces/outside teller window or drop station 1/60 sq. fl. of seating area 10/1000 sq. n. GFA 1/60 sq. n. of seating area plus storage r'or 7 car/drive-up window 2/1000 sq. fl. GFA 4/alley plus I/employee 4/court plus I/employee ?'court plus I/employee 20/1000 sq. R. G WA Skating rinks 10/ 1000 sq. It. GFA (J) Industrial Land Uses Minimum Rcuuircments Manufacturing plants, warehousing, wholesaling I/goo sq. ft. GFA establishments, frcight terminals Off -Street Parking Table (cont'd) (4) Education Land Use Minimum Requirements a. Nursery schools and day care centers 2/1000 sq. A. GFA b. Elementary and junior high schools I/employee c. Senior high schools I/employee plus I /each 6 students based on design capacity d. Trade schools 1/each 2 students (5) Medical Land Use a. Doctors' of ices, including optometrist, medical, dental, chiropractor, chiropodist and all others b. Hospitals (6) Public Buildingg a. Auditoriums, theaters, stadiums and arenas b. Museums and libraries c. Public utilities companies (7) Other Land Use a. Churches b. Clubs and lodges c. Other uses (d) Payment -in -Lieu Program Minimum Reauirements 5/1000 sq. R. GFA I/bed Minimum Requirements 1/4 seals 4/1000 sq. R. GFA 3/ 1000 sq. R. GFA Minimum Reauirements I/each 3 seats provided in main seating area 5/1000 sq. ft. GFA As determined by zoning administrator (1) Designation of exempt areas. Notwithstanding any other provision of this Section, the Town ( Council by resolution may exempt designated areas from the off-street parking requirement of this Chapter if alternative means will meet the off-street parking needs of all users in the area. Prior to exempting any area from the off-street parking requirement, the Town Council shall determine that the exemption is in the interest of the area to be exempted and in the interest of the Town at large. (2) Parking fund. There is established for the purpose of meeting the demand and requirements for vehicle parking, the Town parking fund. The parking fund shall receive and distribute funds for the purposes of conducting parking studies or evaluations, including evaluations of alternative transportation means; acquisition, design and construction of parking facilities or alternative transportation means in any area exempted from the off-street parking requirements; maintenance of public parking facilities; payment of bonds or other indebtedness for parking facilities; and administrative services relating to parking. (3) Payment in lieu. a. Application. An applicant for planning and zoning approval for a development plan in an area exempted from the off-street parking requirements may seek a mitigation of the off-street parking requirements via a payment in lieu. Such an application may be approved by the Planning and Zoning Commission only if the applicant demonstrates that the parking needs of the residents, customers, guests and employees of the project have been met, taking into account potential uses of the parcel, the projected traffic generated by the project, how the project impacts on the parking of the neighborhood, and the project's proximity to mass transit routes. The decision of the Planning and Zoning Commission may be appealed to the Town Council. b. Approval. Approval of an application for payment in lieu shall be at the discretion the Town. c. Fee. In all cases in which approval has been given for a payment in lieu of parking, the applicant shall make a one-time only payment to the Town, in the amount of thirty thousand dollars ($30,000.00) per parking space. This fee shall be automatically adjusted on the first day of January, annually, by the percentage the Consumer Price Index of the city of Denver has increased over each successive year. The payment in lieu shall be due and payable at the time of the issuance of a building permit. All funds collected shall be transferred by the Building Official to the Finance Director, for deposit in the Town parking fund. (Ord. 04-12 §9; Ord. 99-05 §1; Ord. 91-16 §1; Ord. 91-10 §1(part)) 17.24.030 Off-street loading. (a) General requirements. (1) Location. All required loading berths shall be located on the same lot as the use served. No permitted or required loading berth shall be located within thirty (30) feet of the nearest point of intersection of any two (2) streets. No loading berth shall be located in a required front yard. (2) Size. Unless otherwise specified, a required off-street loading berth shall be at least twelve (12) feet in width by thirty-five (35) feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least fifteen (15) feet. (3) Access. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement, and shall meet standard Engineering Department specifications. All driveways servicing off-street loading berths shall be in accordance with applicable Town driveway standards. (4) Utilization. Space allocated to any off-street loading use shall not, while so allocated, be used to satisfy the space requirements for any required off-street parking facilities or portions thereof. (5) Central loading. Central loading facilities may be substituted for loading berths on individual lots, provided the following conditions are fulfilled: a. Each lot served shall have direct access to the central loading area without crossing streets or alleys at grade. b. Total off-street loading berths provided shall meet the minimum requirements herein specified, based on the sum of the several types of uses served. (6) Minimum facilities. Uses.for which off-street loading facilities are required herein, but which are located in buildings of less floor area than the minimum prescribed for such required facilities, shall be provided with the adequate receiving facilities accessible by motor vehicle off any adjacent alley, service drive, parking lot or open space located on the same lot. (b) Specific requirements. The minimum amount of off-street loading or unloading space to be provided shall be as follows: Land UseCross Floor Area Floor Area Requiring Floor Area Requiring an Floor Area Requiring One 12' x 35' Berth Additional 12'.x 35' Berth 12' x 55' Berth ( I ) Residential: Multifamily Dwellings As determined by the Planning and Zoning Commission (2) Office — Institutional — Educational: � � I a. I Icallh and medical Institutional use's; educational, cultural, religious Institutions; recreation and social; banks, financial institutions; medical - dental clinics; business and professional offices 10,000 sq. R Over 100,000 sq. ft. (3) Commercial Uses a. Retail 5,000 sq. ft. Over 20,000 sq. ft. Over 35,000 sq. tl. b. Hotels -Motels 10,000 sq. Il. Over 100,000 sq. ft. ----- c. Commercial recreation (including bowling alleys) 10,000 sq. fl. Over 100,000 sq. ft. ..... d. Wholesale 10,000 sq, ft. Over 40,000 sq. ft. ----- e. Restaurants 5,000 sq. ft. Over 25,000 sq. ft. ..-_ f. Laundry 10,000 sq. fl. Over 25,000 sq. ft. ----- g. Funeral homes 5,000 sq. ft. Over 100,000 sq. ft. ----- (4) Industrial Uses a. Manufacturing and warehousing Up to 5,000 sq. ft. Over 40,000 sq. ft. ---- b. Storage Up to 10,000 sq. ft. Over 25,000 sq. ft. ..... (5) Other Uses a. Stadiums, auditoriums and arenas Up to 20,000 sq. ft. ----- Over 20,000 sq. R. b. Transportation terminals 5,000 sq- R. Over 40,000 sq. Il. ----- c. Sewage treatment plants — municipal 10,010 sq. fl. ----- ...-- (Ord. 91-10 §I (part)) CHAPTER 17.28 Amendments to Zoning Codeand District Map 17.28.010 Authority. The Town Council may, from time to time, amend, supplement or repeal the regulations and provisions of this zoning code. (Ord. 91-10§I(part)) 17.28.020 Initiation of procedures. Amendments to the text of the zoning code may be initiated by the Town Council, the Planning and Zoning Commission or by written application of any property owner or resident of the Town. Amendments to the zoning district map may be initiated by the Town Council, the Planning and Zoning Commission or by a real property owner in the area to be included in the proposed amendment. (Ord. 91- 10 §I(part)) 17.28.030 General rezoning of Town. Whenever the zoning district map is in any way to be changed or amended incidental to or as part of a general revision of the zoning code, whether such revision be made by repeal of the existing zoning code, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change, shall be waived. However, the proposed zoning map shall be available for public inspection in the Town Town of Avon Planning & Zoning Commission Meeting TVO Minutes AN November 15, 2005 C_0 L O R A D O I. Call to Order The meeting was called to order at 5:40 pm. Roll Call All Commissioners were in attendance with the exception of Commissioner Buckner and Commissioner Savage. III. Additions and Amendments to the Agenda There were no additions and amendments to the Agenda. Item VI, Fence Application, Lot BOA, Block 1, Wildridge Subdivision/2465 Draw Spur, to be moved to the Consent Agenda. IV. Conflicts of Interest There were no conflicts of interest to report. V. Consent Agenda: Approval of the November 1, 2005, 2005 Planning & Zoning Commission Meeting Minutes. Approval of Item VI, Fence Application, Lot BOA, Block 1, Wildridge Subdivision/2465 Draw Spur. Commissioner Green voiced a correction to the Minutes of November 1, 2005 to reflect a change of the recorded motion to read on page 3, last paragraph to be changed from "and that if to the satisfaction and payment and if" be omitted; omission of the word "for" to be inserted after the "fiscal financing of the project for its completion, " and the addition of the words "and is to the satisfaction of the Town Council" following "to that extend has been given to the Town Council". The executed minutes reflect said changes. Commissioner Green motioned for approval of the Consent Agenda and Commissioner Smith 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. Eric Heidemann provided to the Commission two letters, one from Carol Mulson, Eagle River Fire Protection District Fire Marshal, and another public comment letter from Eagle County Commissioner Am Marconi. r- Mr. Heidemann presented the Staff Report. Commissioners Green and Struve sought clarification of the parking criteria. John Evans, East West Resorts, approached the podium to begin his presentation with the Wetland Mitigation Conceptual Sketch and Development Standards by Lot. Mr. Heidemann requested that these standards be presented in the PUD. Mr. Evans continued by describing each lot, its location and its proposed intended use. Commissioner Evans suggested to Mr. Evans to identify Lot 5 as three lots, with Lot 5 being the largest structure, the middle structure to be labeled Lot 6 and the two smaller structures at the west end of the project to be identified as Lot 7. Mr. Evans continued the discussion by focusing on parking and began with the hotel parking configuration, comparisons with other destination ski resorts, i.e., Steamboat, Breckinridge, Telluride and others, and additional commercial parking comparisons with other communities along with whole ownership comparisons. Commissioner Smith questioned employee housing. Mr. Evans used the Walker Parking Analysis for his presentation and provided the Walker Total Parking Recommendations to the Commission. Commissioner D'Agostino questioned the compact car parking issue and Commissioner Green asked for definition for a 30% compact space since it appears in the Code. OPEN PUBLIC HEARING Drew Dodd, Avon Town Resident, approached the podium to comment that the project was very positive for Avon. Commissioner Green voiced caution regarding the parking proposal and concern for locals/residents parking to use the waterfront. Commissioner Struve commented on the people in the valley and their needs along with questioning if an attractive parking nuisance being created. Vacation ownership and employee parking seemed inadequate. Commissioner Smith commented on the compact car percentage, and concern for the hotel, timeshare and employee parking numbers. Commissioner D'Agostino questioned interpretation of the PUD and Eric Heidemann responded that 2 per 1000 as its own ratio. Mr. Evans suggested to Commissioner D'Agostino to review the initial application. Commissioner D'Agostino continued with the need for additional parking in order for the public to access the amenities. Commissioner Evans asked to review the Parking Analysis Summary Matrix from a common sense perspective by suggesting that certain criteria would benefit from higher parking ratios and calculated a 66 space variation. Chuck Madison approached the podium to comment regarding the need for adequate parking and remarked that there is sufficient parking for kayakers at the east lot of Beaver Creek parking. Mr. Madison discussed employee housing and its impact on the hotel project by displacing dollars that should be used to make the hotel work. He continued by proposing a $20,000 fee in lieu per housing unit or $560,000 based on units proposed. Commissioner Evans advised Mr. Madison that the Planning and Zoning Commission's role was not to make policy but to recommend to Town Council. , Larry Brooks, Town of Avon Manager, approached to comment on affordable and attainable housing for Avon. Mr. Brooks continued by discussing Kayak Crossing, Buffalo Ridge and their availability on the housing market. He expressed that the Confluence site was too valuable for employee housing and a fee in lieu might be better suited for development of projects within Avon for families and locals outside of a tourist based location. Commissioner Evans voiced similar concerns and agreement with Mr. Brooks' comments. Mr. Madison revealed the risk �rt factors associated with the development of this project. Mr. Madison sought clarity in the next meeting on the issue of housing. John Evans returned to the podium to discuss connectivity and way-finding. Eric Heidemann mentioned that Norm Wood, Town of Avon Engineer, and the applicant discussed the water issue of the project. Mr. Heidemann voiced that the report would not be available but could be used as a condition of the PUD. Commissioner Smith questioned if there were any issues with the development plan. CLOSE PUBLIC HEARING Commissioner Smith motioned to table Item VI, PUD Amendment / Confluence, Property Location: Confluence/95 Avon Road to the December 6'", 2005, Planning and Zoning Commission Meeting. Commissioner D'Agostino seconded the motion to table and all Commissioners were in favor. VI. Other Business A. Fence Application Property Location: Lot 80A, Block 1, Wildridge Subdivision/2465 Draw Spur Road Applicant/Owner. William Vancuren Description: This application has been remanded back to the Planning and Zoning Commission for further review. The Planning and Zoning Commission denied this application at their December 7, 2004 meeting. The fence is split rail and approximately 3 feet high. Moved to Consent Agenda. VII. Other Business 1. Christmas lighting contest date was questioned. Check with patty on judging date. 2. Commissioner Smith questioned the house on Saddle Ridge and it was completely contained. Mr. Pielsticker commented that he would review the situation. VIII. 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'� �t'ui -, ;. i`v�Ya EXHIBIT H MEMORANDUM DRAFT.PARKING OPERATIONS PLAN WALKER rnzra+ccowsuuwrs PAGE 1 Walker Parking Consultants PROJECT NUMBER: 2550 Hollywood Way, Suite December 5, 2005 303 DATE: Burbank, CA 91505 To: Don Schieferecke Andy White : 818.953.9130 x 818.953.9331 Foe COMPANY: OZ Architecture www.walkerporking.com ADDRESS: CITY/STATE CC: Andy Gunion, East West Partners John Evans, East West Partners Tom Romine, Walker Parking Consultants Jeremiah Simpson, Walker Parking Consultants HARD COPY TO FOLLOW: No FROM: Bill Francis PROJECT NAME: Confluence at Avon PROJECT NUMBER: 23-7017.00 SUBJECT: Preliminary Parking Operations Plan INTRODUCTION The following technical memo outlines a (possible) parking operations plan for the Confluence / Westin Resort & Spa. These recommendations are based on the anticipated usage projected in Walker's Preliminary Parking Demand Assessment dated November 9, 2005. Please refer to this document for more detail on anticipated user groups and overall parking demand. PARKING GARAGE The planned parking garage consists of two subterranean levels, totaling approximately 461 parking spaces and located beneath the hotel (center) and the timeshare units (west wing and east wing). The first level down (P-1) contains a total of 169 parking spaces of which the westerly 32 spaces and the easterly 72 spaces will be reserved for timeshare owners. The second level down (P-2) contains 296 parking spaces of which the westerly 32 spaces and easterly 35 spaces will be reserved for timeshare owners. The condominium units will have their own parking separate from the rest of the development. A valet porte coch6re will be located one level above P-1, at the main entrance to the hotel. Hotel guests and other visitors to the development, with the exception of the timeshare and condominium owners, will have the option of utilizing valet parking or parking their vehicles themselves. Selfparkusers will enter and exit the garage at the P-1 level. Timeshare owners and hotel guests will utilize key cards to activate the entrance and exit barrier gates. Others will obtain a time stamped parking ticket from the ticket dispenser, which will activate the entrance barrier gate. Upon exiting the cAdocuments and settings\simpson1\my documents \23-7077-00conlluence_ol_avon\shared use analysis\operations onaysis\mem120505- parking operations plan.doc Y 1 MEMORANDUM WALKER DRAFT PARKING OPERATIONS PLAN PAUNGCON$N7AWS PAGE 2 garage, the patrons surrender their ticket to a cashier who enters the ticket into the fee computer, which automatically calculates the fee owed. Once the transaction is completed, the exit barrier gate is automatically activated. If the patrons received a validation, the cashier enters the validation into the fee computer, which automatically subtracts the value of the validation from the fee owed. Valet parkers will drop off and pick up their vehicles at the valet porte cochere. They are issued sequentially numbered parking tickets. One part is issued to the patron, a second part will be placed under the windshield wiper, and the third part will be placed with the car keys, after the vehicle is parked. When the valet runner parks the car, they write the parking space number on the stub that is kept with the keys. When the patron is ready to exit the facility, they surrender their ticket to the valet cashier who collects the parking fee and retrieves the car keys from the key rack. A valet runner retrieves the vehicle and returns it to the porte cochere where it is surrendered to the patron. Fees Parking fees charged to hotel guests (valet and self -park) will be included on the guests' hotel bill — likely at a set rate of $15 - $20 per night (per rates charged at other comparable hotels). Visitors to the retail, spa, and restaurants will be validated for two or three hours with a certain value minimum purchase. Note that charge backs for certain tenants at the resort may be an option to help offset lost parking revenues and also to protect against possible abuses of the validation system We recommend a charge - back rate of 25% to 50% of the 30 min ticket value to ensure that validations are carefully managed by supervisors at the restaurant, retail, etc. Timeshare and condominium guests and parkers from outside the development who wish to use the garage will be required to pay the self -park or valet cashier. During the peak season, the daily parking rates will be priced high enough to discourage these user groups from parking in the garage. During the off-peak seasons, the rates will be set low enough to encourage use of the garage. Condo -tel owners may also be charged for parking at a rate similar to the hotel guest parking rate. These fees could either be collected from owners directly or included as part of their overall membership dues. A 30 -min grace period is recommended for all self -park for pick-ups/deliveries at the ski shop, deli, and other auxiliary uses. Keycards Timeshare owners will be issued key cards that will not only activate the entrance and exit barrier gates, but will also activate "nested" gates that will separate the timeshare spaces from the main garage. During the peak season, resort operators may want to consider options to ensure that timeshare owners do not use "overflow' parking spaces in the visitor areas in the garage for second or third vehicles or extra (free) guest parking; enough parking for the timeshares should be provided within the reserved areas. c:\documents and senings\simpsonj\my documents\23-7017-0O-confluence_ol omn\shored use analysis\operations analysis\mem)20505- porking operations plan. doc I MEMORANDUMWALKER DRAFT PARKING OPERATIONS PIAN PARQNG CGNSUITAMS PAGE 3 Many of the newer access control programs have features available to specifically manage this type of issue. Options include: • Time Limited Keycords = The timeshare owners must use their key card to activate the gate within 15 minutes of entering the garage or the key card will automatically deactivate. Also, the key card must also be used to activate the exit barrier gate within 15 minutes from the time the key card is used to activate the gate at the exit from the timeshare parking area. • Anti- Pass Back = The time share owners will not be able to hand off keycards to park additional vehicles. Hard anti -pass back simply disables the keycard if the owner has parked one vehicle and attempts to enter the garage again using the some card before the first vehicle has exited. Soft anti -pass back allows the keycard to work for both cars but issues a violation report so that the parking manager can follow up on the situation. Either option could be utilized if needed. The timeshare parking is located in four separate areas: P-1, West; P-2, East; P-1 East; and P-2, East. With the exception of P-1 East, all timeshare owners must utilize the main entrance and exit in order to get to their parking spaces. However, the P-1 East porkers will have their own exit lane. The barrier gate at this exit can be activated with their key card. Each timeshare owner will be assigned to one of the four areas; however, they will not be assigned a specific space in that area. Valet With the exception of the two timeshare areas, the remainder of the P-1 parking spaces will be reserved for valet parking. These spaces are the most convenient and will allow for quicker service and reduce staffing needs. Overflow valet parking will be located in the P-2 tandem spaces and, if needed, a portion of the single spaces in P-2. The tandem spaces will include signage, but any other spaces in P-2 set aside for valet parking will be reserved by placing cones in the spaces on days when the regular valet areas are expected to overflow - All entrances and exits will be connected (via intercom) to the valet parking office that will house the valet parking cashier. In case of equipment failure, any of the gates will be able to be opened remotely by the cashier. PARKING EQUIPMENT BUDGET A detailed parking equipment list is provided in Exhibit 1 of the Appendix. The equipment budget estimate is provided in Table 1 on the following page, c\documents and settings\simpsonj\my documents\23-7017-00cmiluence ol_ovon\shored use analysis\operations onaly5is\mem120505- parking operations plon.doc MEMORANDUM WALKER DRAFT PARKING OPERATIONS PLAN PAKKW coNSLVAtns. PAGE 4 Table 1: Equipment Budget Estimate EQUIPMENT BUDGET ESTIMATE EQUIPMENT nit Frice ($/Unit( Quantity Subtotal Proximity Card Readers $1,500 7 $ 10,500 Magnetic Stripe Ticket Dispenser $17,000 1 $ 17,000 Automatic Gates $5,500 3 $ 16,500 ADA Booth $13,000 1 $ 13,000 Fee Computer $23,000 1 $ 23,000 Customer Fee Display $1,300 1 $ 1,300 Vehicle Detector Loos $750 14 $ 10,500 Remote Intercom Units $400 7 $ 2,800 15' Rollin Gate $15,000 4 $ 60,000 Command System Master Intercom/Telephone dialing $5,600 1 $ 5,600 Proximity Cards $6 500 $ 3,000 Facility Management System $50,000 1 $ 50,000 Installation 25% $ 53,300 Spare Parts (10% - $ 21,320 Documentation, Training, and Warranty (15%( $ 31,980 Total $ 319,800 'Source: Walker Parking Consultants, 2005. REVENUE AND EXPENSE PROJECTIONS Our revenue and expense projections are based on the Following seasonal usage (as discussed with the developer): • Winter (Peak) Season = Thanksgiving through March 31, Hotels occupancies at 90%- 100%, • Summer Season = June 15 through Labor Day, Hotel Occupancies at 60%- 80%, and • Shoulder Seasons = April 1 through June 15 and Labor Day through Thanksgiving, Hotel occupancies at 30% on average. The parking rate assumptions on the following page have also been used. Note however, that parking rates could be adjusted if the daily max is not high enough to discourage skier parking during the winter peak season. cAchocuments and settings\simpsonj\my documents\23-70)70Oconfluence_at_avon\shored use ona)ysis\operations analysis\mem120505- parking operations plon.doc MEMORANDUM WALKER DRAFT PARKING OPERATIONS PLAN PAWJNccoHsurrnnrrs PAGE 5 • SeIF-Park - 30 -min grace period at all times - Peak Winter Season - $4 each half hour; $40 maximum - Summer Season - $1 each half hour; $S maximum (weekends and holidays) $5 maximum (weekdays) - Shoulder Seasons - Free for self -park visitors; no cashier - Restaurant and Retail Validations - first two to three hours free with minimum purchase (no multiple validations); possible charge backs (not reflected on the revenue tables) - Employee Parking - $100 per month during peak and summer seasons; this rate will be generally high enough to limit garage usage to hotel executives and retail and restaurant managers. • Valet Peak Winter Season - $4 each half hour; $50 maximum Summer Season - $2 each half hour; $20 maximum Shoulder Seasons - $2 each half hour (if valet is offered); valets would also act as cashier during shoulder seasons Restaurant Validation - first two to three hours $5 with validation. • Hotel Guest (and condotel owner) - All Times - $10 - $15 per night The proposed parking rates are intended to encourage short-term parking for non -guest restaurant and retail users and to discourage any other non -guest users during the peak season. Staffing schedules (peak and non -peak) are provided in Exhibits 2 and 3 of the Appendix. Note that for shoulder seasons the parking system would not be staffed except for valet (as needed) for hotel guests. Our revenue and expense estimates are provided on the following pages. Our projections are expressed in 2005 dollars and are based on stabilized occupancy. c:\documents and settings\simpsanj\my documents \23-7017-00oonlluence_af ovon\shared use anclysis\operolions analysis \mem120505- parking operations pion. doc It STATE OF COLORADO Bill Owens, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Bruce McCloskey, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 October 13, 2005 Town of Avon Community Development ATTN: Eric Heidemann PO Box 975 Avon, CO 81620 RE: Amend the Confluence PUD Dear Mr. Heidemann: EXHIBIT I RECEIVED OCT 1 7 2005 Community Development For Wildlife - For People After reviewing the proposed amendment to the Confluence PUD, the Colorado Division of Wildlife (CDOW) offers the following comments and recommendations regarding wildlife for your consideration. The wildlife report has an error on wildlife species using the site. Abert's squirrels are not found in Eagle County. The correct species would be the Red Squirrel (Tamiasciurus hudsonicus). In addition to this error, the wildlife report also doesn't mention the use of the site by black bears. The Eagle River riparian corridor provides an excellent movement corridor for wildlife. The areas surrounding and adjacent to the project (Eagle -Vail, Beaver Creek, Bachelors Gulch) have all had increases in bear human conflicts that have centered on improperly stored trash, especially at construction sites. The CDOW recommends that bear - proof trash containers be used throughout the construction, build -out, and finished product of this development. The CDOW can provide information on types or methods of trash storage. The project proposes a fifty foot (50') setback from riparian areas and removal of riparian vegetation for the gondola crossing. It is our recommendation that a seventy five foot (75') setback from all riparian habitats along the Eagle River be implemented. This setback should be maintained in natural vegetation and not be manicured within the seventy five foot (75') setback. The wildlife report understates the value of the riparian habitat to wildlife. Riparian ecosystems constitute one of the most limited yet species rich ecosystems in Colorado. The majority of the upland portion of the site has been heavily impacted from previous uses, however the riparian area is in good condition and still provides excellent wildlife habitat. Protecting and enhancing the riparian habitat along the Eagle River benefits both terrestrial and aquatic wildlife species. Some of the limiting factors the Eagle River faces include: low water flows and high water temperatures. The reduction in riparian habitats impacts the DEPARTMENT OF NATURAL RESOURCES, Russel George, Executive Director WILDLIFE COMMISSION, Jeffrey Crawford, Chair • Tom Burke, Vice Chair • Ken Torres, Secretary Members, Robert Bray. Rick Enstrom • Philp James. Claire O'Neal • Richard Ray • Robert Shoemaker Ex 011cfo Members, Russel George and Don Ament amount of shade on the stream which in turn increases the water temperature and evaporation and consequently negatively impacts the health of the fishery. A If removal of riparian vegetation is required then mitigation should include replacement of the same amount and type of vegetation. Thank you for the opportunity to provide these comments. If you need further information, please contact DWM Bill Andree at 328-6563. Sincerely, I Pat Tucker Area Wildlife Manager Cc: DOW — J. Bredehoft, R. Velarde, B. Andree, file J L COMMUNITY DEVELOPMENT DEPARTMENT (970)328.8730 FAX: (970) 328-7185 Email: comdev@eaglecounty.us www.eaglecountyus 13 October 2005 Town of Avon Community Development Attn: Eric Heidemann P. O. Box 975 Avon, CO 81620 RE: Amendment to the Confluence PUD Eagle County File No. IAR-00162 Dear Mr. Heidemann: RECEIVED OCT 1 7 2005 Community Development We have received your referral of the proposed amendment to the Confluence PUD in Avon and appreciate the opportunity to comment on this proposal. We understand that the development proposed pursuant to this amended PUD would create a riverfront resort and linear riverfront park on an 18.9 acres site featuring a Westin Riverfront Resort and Spa Hotel with a retail plaza surrounded by resort condominium and vacation -ownership residences. The site would be connected to Beaver Creek Mountain with a high-speed public gondola, and to Avon's western Town Center via two proposed surface railroad crossings for pedestrians and/or automobiles (subject to Public Utilities Commission approval of the Town's application). We further understand that the proposed hotel will consist of up to 100 studios (hotel rooms) and up to 80 condominium units and have a maximum height of 120 feet. The developer will pursue bronze level LEED (Leadership in Energy and Environmental Design) certification. The commercial space would include from 20,000 square feet to 40,000 square feet of Gross Leasable Floor Area (GLFA) within and near the hotel which would serve both resort guests and the general public The commercial uses might include restaurants, bars, delis, cafes, wellness facilities, ski shops, ticket offices, ski schools, etc, but not be intended as a retail destination. Current plans contemplate up to 160 whole -ownership residential units outside of the hotel which may consist of a mix of condominiums and townhomes in buildings as high as 85 feet. Up to 120 vacation ownership units in a 2 -bedroom lock -off unit configuration are contemplated in buildings of up to 100 feet. Combined, the whole -ownership and vacation -ownership residential component would consist of up to 316 dwelling units. The entire Confluence development may feature as many as 456 dwelling units, including the equivalent of 140 units in the hotel and 316 units outside of the hotel. The existing PUD requires one employee housing unit for every ten Dwelling Units created at the site. The revised proposal calls for East West Partners to pay a fee in lieu equal to $20,000 for every 15 Dwelling Units developed on the site. A high speed, 8 person cabin, public gondola with an uphill capacity of 1,200 to 1,600 people per hour is proposed to connect the site to Beaver Creek Landing. The lower gondola terminal is proposed to be located about 400 feet from the Town's proposed bus transit center, the two being connected by a Eagle County Building, 500 Broadway, P.O. Box 179, Eagle, Colorado 81631-0179 J Town of Avon Atm: Eric Heidemann RE: Amendment to the Confluence PUD Eagle County File No. IAR-00162 13 October 2005 Page 2 of 3 pedestrian walkway and retail plaza. The gondola would be free to the public and would transport riders from Avon to the Lower Beaver Creek Mountain Express Lift in approximately three minutes. Finally, we understand that the proposed development would also provide for improved access between Avon's western Town Center, Nottingham Park and the riverfront. Through deeds, easements or other mechanisms, public access to the existing bike and pedestrian path, as well as the riparian corridor along the north bank of the Eagle River would be preserved in perpetuity. However, proposed enhancements would include clearly delineated river access points, additional plantings, lighting and seating areas. Kayakers and boaters would be able to put -in and take-out at designated access points. The minimum setback from the Eagle River would be reduced from the 75 feet currently approved for the PUD to 50 feet. We offer the following observations and comments: Parking — We see as a positive effect of the proposed development that the gondola would reduce the need for parking within the Beaver Creek PUD. However, we would encourage consideration of adequate parking and transit facilities in the immediate vicinity of The Confluence development to accommodate all users of the gondola, as well as those who may access the Eagle River and the regional trails system at this point. Vehicular Traffic —The development will generate additional vehicular traffic in the area, including the roundabout on Highway 6. Adequate off-site road improvements should be made to ensure that traffic flows smoothly and safely in this area. Environmental Impacts —The proposed development will create more pedestrian activity in the area along the Eagle River identified as a riverfront park. While assurances have been provided that the riparian areas along this reach of the Eagle River will be preserved, special attention should be directed to ensuring that the measures proposed to protect these sensitive areas are adequate and will be properly enforced. Regional Trails System — The ECO Trails Program Manager 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. If you have any additional questions on trail design references, please do not hesitate to contact Ellie Caryl of ECO Trails at 328-3523. Town of Avon Attn: Eric Heidemann RE: Amendment to the Confluence PUD Eagle County File No. IAR-00162 13 October 2005 Page 3 of 3 Local Resident Housin¢ — We see that the developer is proposing a payment of cash of $20,000 for every 15 dwelling units developed on the site. No discussion is provided in the application to indicate the basis for the proposed payment in lieu, nor is an analysis provided to indicate the extent to which the proposed payment will mitigate the local resident housing impact. We encourage the Town to adequate consider the need for local resident housing that will be generated by this development and ensure that the resulting mitigation is reasonable and appropriate. Child Care Facilities — There is no mention of child care facilities in the proposed development. We encourage you to consider the necessity for adequate child care facilities for visitors and employees of The Confluence. Light Rail — It has been noted that the Eagle Valley may at some point be served by light rail. We encourage at least initial consideration by the Town of how light rail, if it ever becomes a reality, might be accommodated in the area. Thank you again for the opportunity to comment on this proposal. Sincerely, J ;K 3osep orinash, AICP Planner Copy: Bob Narracci, Planning Division Manager Keith Montag, Director of Community Development Ellie Caryl, Trails Program Manager Chrono File F:\PLANNINGVnterAgencyReviewll A R 00162 Confluence\LtrResponse.DOC YUL 1V10a1116d11V11 1V1 1116 L Vl( w1w Eric Heidemann From: Kozinski, Peter[Peter.Kozinski@dot.state.co.us) Sent: Tuesday, October 11, 2005 11:33 AM To: Eric Heidemann Subject: PUD Modification for The Confluence Eric, The Colorado Department of Transportation is primarily concerned about the interaction of this development and the flow of traffic on SH 6 and the spur road. It is my understanding that preliminary discussions have taken place between Vail Corp (Bob Mcilveen) and the Department to gain an aerial lease for the gondola over SH 6. As this project moves forward, please keep the Department apprised of the situations — the gondola can not cross SH 6 until a lease is established. Should you have any questions, please don't hesitate to contact me directly. Sincer6ly, Peter Kozinski, P.E. Resident Engineer CDOT, Region 3 - Eagle Office # 970-328-6385 Cell # 970-471-3540 Fax # 970-328-2368 10/17/2005 J f A. JPD Investments, Inc. 1234 Airport Road, Ste. 124 Destin, Florida 32541 850437-2590 850-837-2176 Fax JPD 10/11/2005 Recording Secretary Town of Avon P.O. Box 975 Avon, Colorado 81620 RE: Proposed Confluence PUD Amendment As owner of The Season at Avon unit 1605, we are writing to support the proposed Confluence PUD amendment to allow the development of a hotel, retail, condos and the gondola. We feel that these improvements, in particular, the high speed public gondola are in the best interest of the community. Sincerely, rry D nkle, CCIM resident AEcroo) 7 2005 Go mmuni�Y pe�elopmeni Beaver Benchmark LLC June 29, 2005 Attention: Tambi Katieb Avon Town Council P.O. Box 975 Avon, CO 81620 Re: The Confluence, Avon, Colorado I am writing in relation to the proposed changes to the Planned Unit Development ("PUD") for the confluence site in Avon. I am Manager and President of Beaver Benchmark, LLC, which is the owner of Benchmark Shopping Center in Avon. We purchased this property in 2004, in part because we believe that Avon is going through a renaissance which we wish to be a part of. I recently had the opportunity to preview East West Partner's master plan for the Confluence site in Avon. I support this on a macro -level for the following reasons: • It will assist to transform Avon into its true calling - a resort town — "the new Vail" • Gondola connection from Avon to Beaver Creek, which has positive benefits for visitors, the Town of Avon and businesses). • Public access to the Eagle River • Provides the catalyst for redevelopment in the Town. This is particularly exciting in regards to the possibilities for redevelopment of our site, and synergies with the Confluence site. We understand that East West is applying for an amendment to the existing PUD. We very much support their application in principal on the basis that the Gondola be accessible for free (no charge) for ALL visitors and residents of Avon. Free public access to the Gondola and Eagle River should be a pre -condition of any approval for the proposed change to the PUD and entrenched in the town's laws and codes. Such a large development should also include on-site public parking. We reserve the right to make further future comments on the proposed architectural character, access to the Gondola, on-site public parking and other pertinent issues. Yours sincerely, Beaver Benchmark, LLC Anthony Cassar Manager/President CC: John Evan's — East West Partners benchmark shopping centre • p.o. box 5830 • avon • co 81620 •usa tel +1 970 748 6886 • fax +1 970 748 6894 Page 1 oI 1 Clear Day � r� Ruth Weiss + om: gvancamp@sbcglobal.net ent: Saturday, December 03, 2005 7:14 AM To: Eric Heidemann; Patty McKenny; Ruth Weiss; Stacy Mays; Mike Bennett Subject: RE: Attached please find the Agenda for the 12/6/05 Planning and Zoning Commission Meeting. I am hoping that serious thought will be given to the planning and zoning of the confluence area. As a homeowner of a condominium I hope that you give consideration regarding the residents that already live in Avon and not just the new money that is coming in. Please take into consideration the heights of new buildings and what effect they will have on the people already in the area that have spent their money in purchasing property and helping Avon grow. Although I live afar I am very concerned about the Master Plan and 'urban style high rises' that have been given the go ahead instead of keeping the town a "western town" theme and keeping the building low rise like in Edwards. The people I know that are coming out west do not want high rises - they are looking for a town with the feel of Brreckenridge - as they say to me "a fun place to go, especially for those that don't ski. Maggie Van Camp From: Ruth Weiss [mailto:rweiss@avon.org] Sent: Friday, December 02, 2005 11:53 AM To: Ruth Weiss Subject: Attached please find the Agenda for the 12/6/05 Planning and Zoning Commission Meeting. 12/5/2005 "r \ EXHIBIT J MEMORANDUM TO: PLANNING AND ZONING COMMISSION FROM: TOWN ATTORNEY RE: THE CONFLUENCE DATE: January 12, 2006 The purpose of this memorandum is to provide you with an update of negotiations between staff and East West Partners, Inc. in connection with their application for amendment of the PUD for the Confluence As a matter of background, the 1998 agreement was entered into at the time the Confluence was annexed into the Town'and included Lots B and C, Avon Center. Since 1998 the successor of Avon Commercial Center Ltd. has entered into a separate agreement with the Town for Lot C. Lot B has its own development agreement but is subject to the Confluence agreement as to revenue sharing. Salient points of the 1998 agreement are as follows: 1. 35 year vesting from 1998. 2. "Development Standards" approved by the Town at that time were vested. 3. Exactions included a) a pedestrian overpass connecting the Confluence with the Town core, b) a 15,000 square foot conference center (to be constricted in two phases, one-half at first phase and the second half at the 100'h dwelling unit), c) 45 affordable housing units, d) an at - grade railroad crossing at the west end of the Confluence, d) dedication of water rights and e) construction and maintenance of the Avon Town Center Mall. 4. Revenue sharing consisting of a) 75% of sales and accommodations taxes collected within the Confluence and b) 50% of RETT'taxes collected on first-time sales within the Confluence. Those revenues were dedicated to repayment of bonds issued by special districts for parking improvements and were to terminate upon the earlier of repayment of the bonds or 15 years. 5. Revenue sharing was subject to annual appropriation, but if the Town failed to appropriate in any year the owner of the property was given the right to disconnect the property from the Town. The draft amended and restated development agreement submitted by East West Partners proposed the following changes with respect to the above salient points: 1. 35 year vesting from 2005. 2. "Development Standards" approved by the Town at the present time will be vested. 3. Exactions include a) a 1,200 people per hour gondola connecting the Confluence to Beaver Creek Landing, b) a "Linear Park" along the Eagle River, together with landscaped walkways and pathways providing public access to the river from the proposed railroad crossings, c) a public plaza with restrooms providing access to the gondola and the river, d) payment of $20,000 for every 15 dwelling units for affordable housing purposes e) construction of improvements to the Hurd Lane/Avon Road intersection and d) dedication of water rights. 4. Instead of revenue sharing, the Town would be obligated to a) pay 50% of the gondola maintenance costs ($245,000 estimate in 2005 dollars), b) contribute $609,000 to the Linear Park improvements, c) contribute 5597,000 to the public plaza improvements, d) construct and maintain the proposed railroad crossings or, if they are not approved, a pedestrian underpass or overpass near The Seasons, d) pay $400,000 to purchase 10,000 square feet of land for a possible light rail station, e) contribute $1,357,000 to the Hurd Lane/Avon Road intersection improvements and f) construct the at -grade railroad crossings, if they are approved by the PUC, at an estimated cost of $854,000 (or a pedestrian separated crossing if they are not approved, without estimate of cost). 5. The Town's financial obligations are subject to annual appropriation, but if the Town fails to appropriate in any year East West is given the right to disconnect the property from the Town. After discussion with Council at their meeting on January 10 and three meetings with East West, the principal substantive issues to be resolved are as follows: 1. Whether the Town will contribute to maintenance of a gondola. 2. Whether the Linear Park shall be subject to a deed restriction limiting it to public ownership forever in its scenic and open space condition and used solely as a recreation area for the enjoyment of the public and prohibiting inconsistent uses such as development or extraction, construction of buildings or improvements, staging of concerts or event. 3. Whether the Town will contribute to maintenance and operation of the public plaza and restrooms, estimated at $40,000 per year in 2005 dollars. 4. What capital contribution, if any, the Town will make, whether by sharing of the real estate transfer tax generated by the development or by up -front contribution. 5. In what way the Town is to be protected against the contingent expense of installation of a separated grade crossing in the event of reactivation of train traffic (assuming the r current application for at -grade crossings is approved by the PUC). JWD:ipse 6. The period of vesting. EXHIBIT K Memo To: Planning & Zoning Commission From: Norman Wood, Town Engineer Date: January 13, 2006 Re: Confluence (Riverfront Subdivision) - Preliminary Subdivision Plan & Variances - Resolution No. 06-02 Summary: East West Partners, Inc. has filed an application for Preliminary Subdivision Plan approval in conjunction with their application for an Amendment to the Confluence PUD. An application for approval of variances from the Subdivision Rules and Regulations was submitted with the Preliminary Subdivision Plan application. Planning & Zoning Commission approval of Resolution No. 06-02 would forward a recommendation to the Town Council for approval of the Preliminary Subdivision Plan and Variance Applications subject to the specific conditions in the Resolution. We recommend approval of Resolution No. 06-02, A Resolution Recommending Approval of Subdivision Variances and Preliminary Subdivision Plan for Riverfront Subdivision in Conjunction with the Confluence PUD, as More Specifically Described in Application Dated August 8, 2005. Discussion: Subdivision: The proposed Riverfront Subdivision (Confluence) is for the subdivision of a parcel of land located in the South 1/2 of the Northwest 1/4, Section 12, Township 5, Range 82 West of the 6th Principal Meridian, in the Town of Avon, Eagle County, Colorado and containing approximately 18.9 acres. The property is generally bounded by the Union Pacific Railroad (UPRR) on the north, Avon Road on the east and the Eagle River on the south. The proposed subdivision creates seven developable lots ranging in size from approximately 0.20 acres to 4.39 acres, two open space tracts of approximately 5.68 acres and 0.13 acres and a road right -of -way of approximately 2.65 acres. Access: Primary vehicle access to the subdivision will be from Avon Road via a new street, Riverfront Drive, which intersects Avon Road across from Hurd Lane, swings north to the UPPR right-of-way and then follows the railroad right-of-way to the West to a proposed at -grade railroad crossing located just to the westerly side of the Avon Fire Station on the North side of the railroad. Riverfront Drive also intersects with a proposed at -grade crossing that provides a direct link with an extension of Benchmark Court (east end of The Seasons I:\Engineering\Confluence\Subdivision\Preliminary\P & Z Res 0602 Memo.Doc building) and the Pedestrian Plaza to the proposed Gondola site as shown on the PUD Application. Variances: The Variance Application is for variances from design criteria for local streets and cul-de-sacs. The proposed Riverfront Drive alignment includes two curves with a centerline radius less than the 100 foot minimum for a local street as required by Section 16.40.080 of the Avon Municipal Code. The first curve requiring a variance is a 56 foot radius curve near the Avon Road intersection and the second curve is an 85 foot radius curve connecting to the western railroad crossing. The Riverfront Drive intersection with Avon Road includes major improvements at the intersection and the variance for the first curve will allow more efficient development of the site. The location of the western at -grade railroad crossing was established by existing and anticipated development conditions across from the proposed subdivision. Consequently, the Riverfront Drive/railroad crossing was pre- established and site constraints in this area dictate the necessity for a reduced radius curve at this location. The third variance request is to reduce the minimum bulb right-of-way diameter for a cul-de- sac from 100 feet to 85 feet. The cul-de-sac is required as a contingency for the possibility that the western at -grade railroad crossing is not approved or is closed at some time in the future and Riverfront Drive becomes a dead end street (cul-de-sac). This variance has been requested due to site constraints in the area. Approval of this variance should be conditioned upon the submittal of plans providing sufficient detail to assure that a satisfactory cul-de-sac with minimum pavement diameter (72 feet) and related improvements including drainage facilities and guardrail can be constructed within the proposed cul-de-sac. (By way of comparison, cul-de-sacs in Wildridge have a right-of-way diameter of 90 feet.) Utilities: Utility services will be provided by the local utility companies; Holy Cross Energy, Excel Energy, Comcast, Qwest and Eagle River Water & Sanitation District. Water Rights for water service will be provided by the Town of Avon through water rights currently owned by the town and additional water rights to be conveyed to the Town as required to serve the development proposed in the PUD Application. Drainage: The proposed subdivision improvements include a relatively extensive storm drainage system to convey off site Stormwater through the site to the Eagle River as well as to collect and convey on-site drainage through the site to the River. The on-site drainage system includes sand/oil separators for pollution control prior to discharge to the River. On-site Stormwater detention is not required due to the proximity to the River. All storm drainage facilities will be located in public rights-of-way or dedicated easements. Pedestrian Access & Circulation: Proposed subdivision improvements include an upgraded pedestrian connection between Town Center, Proposed Transportation Center and Pedestrian Plaza/Gondola at the eastern at -grade railroad crossing and a 10 -foot wide sidewalkibike path at the western at -grade railroad crossing to connect the existing trail along the Eagle River to Nottingham Park and its existing trail and path system. Other pedestrian related improvements include an additional section of path from the existing trail along the I:\Engineering\Connuence\Subdivision\Preliminary\P&ZRes 06-02 Memo.Doc 2 Eagle River to the proposed Riverfront Drive/Avon Road intersection with a crosswalk across Avon Road to connect with the sidewalk/trail to the East along Hurd Lane. Conclusion: In conclusion the proposed Riverfront Subdivision Preliminary Plan is in general conformance with Town of Avon Subdivision Regulations and the proposed Confluence PUD Amendment. Subsequently we recommend approval of the proposed Preliminary Subdivision Plan and Variances in conjunction with the approval of the corresponding Confluence PUD Amendment with the approval subject to the conditions as stipulated in Resolution No. 06-02. Proposed Motion: I move to approve Resolution No. 06-02, A Resolution Recommending Approval of Subdivision Variances and Preliminary Subdivision Plan for Riverfront Subdivision in Conjunction with the Confluence PUD, as More Specifically Described in the Application Dated August 8, 2005. Attachments: l) Resolution No, 06-02 2) Subdivision Variance Application 3) Preliminary Plat Riverfront Subdivision 4) Riverfront Subdivision Preliminary Plans (Road, Grading, Drainage, Water, Sewer and Utilities) I:%Engmeering\Confluence\Subdivision\Preliminary\P&Z Res 06-02 Memo.Doc 3 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 06-02 A RESOLUTION RECOMMENDING APPROVAL OF SUBDIVISION VARIANCES AND PRELIMINARY SUBDIVISION PLAN FOR RIVERFRONT SUBDIVISION IN CONJUNCTION WITH THE CONFLUENCE PUD, AS MORE SPECIFICALLY DESCRIBED IN THE APPLICATION DATED AUGUST 8, 2005. WHEREAS, East West Partners Inc. has filed applications for Variances from the Subdivision Regulations and for Preliminary Subdivision Plan approval for Riverfront Subdivision in conjunction with an Application to amend the existing Planned Unit Development ("PUD") and Development Agreement for the Confluence 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 WHEREAS, the Planning and Zoning Commission of the Town of Avon held public hearings on October 18th, November 1, November 15th, December 6th, and December 20th of 2005 and January 17th, 2006, 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 related Subdivision issues; and WHEREAS, following such public hearings, 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 06-01; and WHEREAS, following such public hearings, the Planning and Zoning Commission forwarded its recommendation for approval of the Subdivision Variances and Preliminary Subdivision Plan to the Town Council of the Town of Avon through Resolution 06-02; and WHEREAS, said Subdivision Variance Application appears to comply with the following criteria for the granting of a variance as set forth in Section 16.20.020 of the Avon Municipal Code: (1) Whether a strict, literal application of these subdivision regulations would result in an undue hardship to the subdivider due to the purpose, size, shape, location and character of the proposed subdivision; (2) Whether the provisions of the regulations from which relief is requested are not materially important, in a planning sense, to the orderly controlled development of the tract in question; (3) Whether the granting of the request might adversely affect the use of the land in the immediate area of the tract in question. ; and WHEREAS, the Preliminary Subdivision Plan appears to comply with the requirements of Chapter 16.20 Preliminary Plans, of the Avon Municipal Code and in particular conformance to applicable regulations as set forth in Section 16.20.040 as follows: (1) The Comprehensive Plan; (2) For Planned Unit Developments, the relevant Planned Unit Development Master Plan and the Comprehensive Plan, as reflected in the approval of the Planned Unit Development; (3) Physical suitability of lots proposed for subdivision; and (4) Compatibility with surrounding land uses. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends approval to the Town Council for the Variances from the Subdivision Regulations and the Preliminary Subdivision Plan for Riverfiont Subdivision as submitted in conjunction with the Confluence PUD Amendment application dated August 8, 2005 with the following conditions that must be addressed prior to Final Plat approval: Define all Easements as required but with at least minimum dimensions a. Drainage Easement Width 20 feet b. Bike Path & Access Easement Width 20 feet C. Utility Easement Width 15 feet d. Public Plaza Easement Width 60 feet e. Public Plaza Pedestrian Access Width 20 feet f. View Corridor Easement Width 60 feet 2. Public Plaza Easement and View Corridor Easement on Final Subdivision Plat shall be subject to additional descriptions and limitations as imposed by the approved PUD and Development Plan. 3. Public Improvements shall include widening of existing bike path the full length of Tract A along Eagle River, to 12 feet per ECO Trails Division request and shall include a 2 -inch thick asphalt overlay over the full width and length. 4. Additional Water Rights shall be conveyed to the Town of Avon as required by DEVELOPMENT AGREEMENT Confluence and Tract C, dated October 27, 1998 prior to Final Plat Approval and Recording. 5. The Final Subdivision Plat shall provide that Tract "A" will be deeded to the Town of Avon and zoned "Open Space, Landscaping and Drainage" (AMC 17.20.120) prior to the issuance of the first Certificate of Occupancy but no later than January 1, 2008. 6. Land Use Table on Preliminary Plan shall be revised to include only basic land use information (Lot, Lot Area and Basic Land Use, i.e., Residential, Lodging, Commercial, etc.) Delete non -applicable setback lines such as those in proposed street rights-of-way. 8. Variance from cul-de-sac diameter requirements shall be subject submittal of an acceptable design conforming to minimum pavement diameter and guardrail contained within requested cul-de-sac right-of-way variance. 9. Emergency access and fire hydrant spacing must be approved by the Eagle River Fire Protection District. 10. Approval of construction plans for all utility services including but not limited to water, sewer, electric, natural gas, phone and cable must be submitted to the Town of Avon by the appropriate entities. 11. Preliminary Subdivision Plan approval is contingent upon final approval of both east and west at grade railroad crossings per PUC Application prior to Final Subdivision Plat approval and recording. 12. A Subdivision Improvements Agreement must be approved by the Town of Avon concurrently with Final Plat Approval and the corresponding security must be submitted to and accepted by the Town prior to recording of the Final Subdivision Plat. 13. Completion of technical corrections as identified by Town Staff. Including but not limited to those identified in Memorandum Re: Confluence Preliminary Plan -Second Review, dated December 20, 2005. ADOPTED THIS 17th DAY OF January, 2006 Signed: Chris Evans, Chair Attest: Date: Phil Struve, Secretary Date: APPLICATION FOR VARIANCES TOWN OF AVON SUBDIVISION REGULATIONS Name of Development: Riverfront Subdivision Location: The Confluence Site Size: 18.893 acres more or less Name and Address of Owner: The Vail Corporation P.O. Box 959 Avon, CO 81620 Name and Address of Applicant: East West Partners, Inc. 100 East Thomas Place, P.O. Drawer 2770 Avon, CO 81620 RECEIVED DEC 2 8 2005 Community Developmetn List of Adjacent Owners and their Address: Included in Preliminary Plan Subdivision Application Provisions of Subdivision Regulations from which Variances are requested: 1. Section 16.40.080 (56'radius curve near the Avon Road intersection), 2. Section 16.40.080 (85' radius curve near the proposed Western Railroad crossing), and 3. Section 16.40.080 (85' diameter "contingent" cul-de-sac near the proposed Western railroad crossing) Background: The Applicant has the Confluence parcel (renamed "Riverfront Village") situated between the Union Pacific ("UP") railroad tracks and the Eagle River under contract to be purchased from the Vail Corporation, a subsidiary of Vail Resorts. The Applicant has applied for an amendment to the site's existing Planned Unit Development ("PUD") and for a Subdivision of the site into several development parcels, and other improvements, including roads, a proposed linear park along the Eagle River, a public plaza, public paths and a proposed high-speed gondola. The Gondola would connect the Riverfront Village site to the Beaver Creek Landing site, and to other transportation systems (buses and ski lifts) to Beaver Creek Resort. The PUD and Subdivision applications are both being brought through the Town of Avon's approval processes, including public hearings before the Planning and Zoning Comrnission and the Town's Council. The Town has applied to the State of Colorado's Public Utility Commission ("PUC") for two at -grade railroad crossings from the Town's Western Town Center into Riverfront Village. The PUC's Administrative Law Judge ("ALJ") approved such crossings in November 2005 and the UP, which opposed such crossings, is expected to appeal the ruling. It is not known whether or not the UP will be successful on appeal. The Towns has begun to develop concept work on a new bus transit center "(Transit Center"), to be located North of the railroad tracks, adjacent to the proposed Eastern crossing. It is expected that work on the Transit Center could begin as early as 2006. The proposed at -grade crossings would connect the Town's Transit Center and Avon's Western Town Center to the Riverfront Village site, the proposed gondola and the Eagle River. The primary vehicular and/or pedestrian connections are from 1) Avon Road at Hurd Lane (across from the Burger King and Starbucks), 2) the proposed "Western" at -grade crossing (which would cross into the site between the Town Hall and Fire Station near Nottingham Park) and 3) the proposed "Eastern" crossing near the Seasons at Avon adjacent to the proposed Transit Center. The road is designed to achieve several planning goals. These include: 1. Safety for pedestrians, bicyclists and vehicle occupants, 2. Convenient and safe vehicular access to the development to/from Avon Road and the Western railroad crossing; Riverfront Drive connects Avon Road to the area near the Town Hall and the Town's Recreation Center. 3. Minimize potential interactions between vehicles and pedestrians/bicyclists. 4. Avoid unnecessarily disruption of the environment along the river (a previous plan proposed access to the site via a bridge over the Eagle River) by keeping the road "away" from the river. The proposed road alignment is oriented as close as possible to the tracks. 5. The proposed road alignment also permits the Applicant to better utilize the site and preserve open areas (including a proposed 75' setback from the Mean High Water Mark) along the river. As part of the Subdivision process, the Applicant is requesting three variances to the Town's Subdivision code as noted above. All three variances relate to the design of Riverfront Drive: 1. 56' radius curve near Avon Road. This variance is proposed to reduce the radius of the curve of Riverfront Drive at it turns north from the Avon Road/Hurd Lane intersection. The primary vehicular access to the site is considered to be the Avon Road/Hurd Lane intersection. The location of this intersection, as designed, is appropriate in that it is: 1) Aligned with East -bound Hurd Lane in accordance with recommendations of staff, 2) Adjacent to the Eagle River to the South (a site constraint), and 3) Allows for improvements to this intersection (at the request of the Town's planning staff) ("Staff'), including those recommended by an independent traffic engineer. These include: 1) Traffic movements are limited to right in, right out, and left in (from the South). Left -out movements will not be allowed. 2) A deceleration/tum lane is provided for right turns into the site, and 3). Improved sight distance is provided by moving and reducing the height of the retaining wall between the railroad bridge and the entrance to the site.. Near this intersection, there is proposed access for pedestrians, bicycles and emergency/maintenance vehicles to the Eagle River. Once into the site, the road turns to the right. This is the proposed 56' radius turn, and the reason for the requested variance. This curve is designed to get vehicles to the north end of the site, preserving the planning goals noted above. This turn also provides an early separation of the road from the bicycle/pedestrian path to the river, reducing risk of potential accidents. 2. 85' radius curve near the proposed Western Railroad crossing This variance is proposed to reduce the radius of the curve of the road as it approaches and turns to cross the tracks. The Western railroad crossing provides access to and from the site across the proposed at -grade crossing. This crossing is immediately to the North of the curve for which a variance is sought. This variance allows for better utilization of the site as the site is narrow from North to South at this location, and provides for a perpendicular crossing of the tracks. It should be noted that vehicles are expected to have a stop sign at this crossing. 3. Section 16.40.080 (85' diameter "contingent" cul-de-sac near the proposed Western railroad crossing) This variance is proposed to reduce the radius of the "contingent" cul-de-sac on the Western end of the site. This cul-de-sac is incorporated into the road design at the request of Town Staff. It would only be completed and used in the event the Western crossing is not approved or at some subsequent date the crossing is disallowed by the PUC. It should be noted that the proposed asphalt diameter would be 72', as required by the Town's code. Variance request -all three variances.doc 2 The creation and grading of this cul-de-sac results in some disturbance to wetlands and the creation of a large retaining wall. By increasing the size, it would result in more disturbance as well as a larger retaining wall. Both are undesirable features. Reasons for Request for Variance: We understand the criteria for Variances in Chapter 16.12 of the Town's Municipal Code regarding subdivisions are as follows: 1) "Whether a strict, literal application of these subdivision regulations would result in an undue hardship to the subdivider due to the purpose, size, shape, location and character of the proposed subdivision;' Applicant comments: The literal application of these subdivision regulations would result in an undue hardship not only to the Applicant, but to users of Riverfront Village. The site is bordered by the Eagle River to the South and the UP railroad tracks to the North. It has approximately Vz mile of river frontage, and has limited distance from North to South. Good planning principles dictate the design of the road as proposed. With the proposed variances, we believe that the Riverfrom Village and its linear Riverfront Park would be safe, pedestrian- friendly, and a desirable place to own real estate and visit. Without the variances, it would not allow the development to efficiently utilize the linear nature of the property, and would increase the amount of retaining walls or wetland impacts. In that sense, it would cause an undue hardship on the Applicant, owners of property, and visitors. 2) "Whether the provisions of the regulations from which relief is requested are not materially important in a planning sense, to the orderly controlled development of the tract in question;" Applicant Comments: The provisions of the regulations are not materially important, in a planning sense, to the orderly, controlled development of Riverfront Village. For example, the design of the road and curves provide adequate access to the site for construction vehicles and others based on studies conducted by the Applicant's engineers. 3) Whether the granting of the request might adversely affect the use of the land in the immediate area of the tract in question." Applicant Comments: The granting of the request will not adversely affect the use of the land either on the Riverfront Village or on adjacent areas. To the contrary, as noted above, granting of the variances would improve experiences of users. As noted, the Eagle River, Avon Road and the railroad tracks border the site on the South, East and North, respectively. In addition, the Eagle River Water & Sanitation District borders the site to the West. We see no adverse impacts to any immediate areas. TOWN COUNCIL ACTION Received this _day of _ 2006 The within request for Variances (granted, denied) this day of 2006 for the following reasons: TOWN COUNCIL OF AVON LN Mayor ATTEST: Town Clerk Variance request -all three variances.doc VARIANCE APPLICATION LvirianceReiiewFee: S300.00 t: u L u K A u a V(IJ �I� - Applicant: East West Partners Inc. ]failing Address: P.O. Drawer 2770 City: Avon State: CO Zip: 81620 Phone #: 970-845-9200 Fax #: 970-845-7205 Cell #: Owner of Property: Vail Corporation Mailing Address: P.O. Box 959 Cit}': Avon State: CO Zip: 81620 Phone #: 970-845-9200 Fax #: 970-845-7205 Cell #: Project Description Lot: Block: Subdivision: See attached Project Mame: Street Address: Current Zoning: Descrile the Variance Requested: 7Ak-escribe the relationship of the requested variance to other existing or potential uses d structures in the vicinity: N/Ato Subdivisionvariances `cimaity Ik"'EL3P rs mt P.O. Box 91I5 AM C081613 (973)?4S- M Fax (976)949-57399 (rev. 1217M) Page 1 of 2 l B. Describe the degree to nhich relief from the strict or literal interprelotion and enforcement of a specific regulation is necessary' to achiere compatiblUry and uniformity of treatment among sites In the ►icinity, or attain the objectives of Title 17.36.040 ►sitbout grant of special prisilege: NIA to Subdivision variances C. Describe the effect of the requested ►'ariancr on tight and air, distribution of Population. transportation and traffic facilities, public facllitles and utilities. and pubtle safety: NIA to Subdivision variances D. Auv such other factors and criteria as the Planning Commission mai- deem applicable to the proposed ►nriance: See attached for subdivision variance criteria I (µT) MPtseut that all infoewatias prodded to the Tows of A%,on in cowiection with this application as Ince and correct that I (we) tnufxstand the Tow11 of Aron regtdations applicable to this project. and tutderstvtd that h1complere submittals will delm- application rerietr. Owner desi.mates Appli- cant as indicated to act as ouner's representative in all application subinittals related to this project. Applicant: (Print lame): st West Partners Inc. (Print -Name): The Vail Corporation Date: 12-28-05 Date: 12-28-05 Cmmunity DnTIcpromt, P.O. 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N WN m m W m z Z Ch l w � w u o I w � m e � a I VizZ° WF w wm ai b 0 g� 0� o . u�c o w 41 �o a fy � _� gm II�IIIIIIIIIIIIIIII ' y Zh �m �. Z V \ N I 3IjU0 �n LZ LL 1 lZ£l 3„Ob, 1b.00N 1 .N I ` Y /�• NIF IVw a� Z N p kgF zzwz b M W LA- 0 O N N I II uINZ mNr IIN oe_a a�O Z o- Fr b , LL.I I INIII LLI 5 Z e° °1 ° 'I'll W B . m IM.1 °'Ob �IR o a a° < y e Ex onlR O cl � $ c E E a aK € H. E io °O°�v°,W mm p igmJ :4 z°oE 3 rcI»3,��Dxa° mai io mE EFE 'E E p$EE a oc Rc..�O=� "oS�-n E ' E °$ g� Za m 2'a$a5�� °EgEec c„o «� E E 1C Y «u 5�g�n8n8 C€"°gin .] '' �u ''E O1 aE9 avm E�PAMoS«u RIVERFRONT SUBDIVISION PRELIMINARY PLANS ROAD, GRADING, DRAINAGE, WATER, SEWER AND UTILITY PLANS GENERAL NOTES L The Contractor Is rwponelble fa complying with the terms and cmdlllms of all permits replred 2. Alpine Engineering. Inc., assumes no r@;,w.1bHHy far utAfly locations. It le the Contractor'. responsibility to Heid verify the location of all uIIIItis prior to wmmencemenl of any con.tructlon. 3. The Contractor shall take dl ppropriate precaution. io signlficantiy reduce any yotenlid polutbn caused by his activities, Including vehicle IusiMg, doroge Df fertllizme or chemicals, ac. The Contractor shall here Identified procedures for handling potential pollutants and how Identified spill prevention and reponse procedures prior to any activities at the project elle. 4. The Contractor shall minimize dl off site soil tracking. All as tracked off alto .hall be Immediotely cleaned up to the satisfaction of the Owner. CDOT and the Town of AYon. 5. The Owners representative ON designate staging areae. 8 Safely le the repanelbllity of the Contractor. The Engineer is not responsible for safety In, on or about the project site, net for compliance by the appropriate party with my regulations relating hereto. 7. All conotruclim shall conform to stale, town or district standards and peci8catime and be subject to construction observation by their rpresentaliwe. Copies of stale. county and district standard. must by obtained by line Contractor. Contractor shall have we (1) copy of the plans and me (1) copy of the appropriate specification* an the lob site at all limes. 8. If any groundwater 1* encountered the Contractor Nall cantacl the Deaner. Alpine Engineering. Inc., and the Project Geotechnical Englnwr Immediately. 9. The Contractor Nall maintain existing drainage Mmneli, w1kerts. and appurlwmces during crostructlm as necessary to protect roads and properly. 1G. The Contractor shall protect and preserve dl tress. bushes, shrubs, and ground eowr, not designated ton remold. In a manner aeceptads to the Owner. 11. Obserwtbne of the Work In progres. and an -elle Msits ore not to be construed as a guarantee or w. runty by the Engineer of the Contractor's cmtmctual rwponelbgltlw. 12. All materleis and workmanship Nall be subject to observation by Alpine Engineering. Alpine Engineering reserve. the right to accept or reject any such material. and workmanshlp that do not conform to the approved drawings and/or existing The Contractor Nall provide a chnamstatall,ed ad during entrance at the ac<eas points to existing Awm Road and existing Benchmark Rood during cmetmdlon. 14. The Contractor shall not scale drawings for construction purposes. Any missing dimensions or dlecrpencies in plans, 9wd slaking or physical features shall be brought to the attention of the Eng1reer. If the Contractor proceeds with the work without notifying the Engineer, he does so at his own Hak. H. Contractor shall coordinate all work with the bullding Contractors to help expedite all constructor, The Contractor will not be proNded additional compensation or Her. for delays caused by the other contractors working an the site. CONSULTANT CONTACTS A. East Mint ea nar, (Dwnx), John Eales (9M) 74 7559 B. Nchltwct. 2ehm and AkeweaO, Dcw K-- C. Hgwxth-Pewak owtschnkal, h , Hko)sct Geotechnical Ellnew). Caw Yang / (070) 00-79M D. Alpine Englneeing Inc.. ON. Sper / (970) Est M73 UTILITY CONTACTS k water a Sewer SItm (Eagle Rlw won, ora Sonitatlm DHmct), ERWIW, Fred HMW, Ry alone Adnlnietralar/475-7460 R. Ebctrlc (Hely Gave Enegy) Mwe Mlkdlc /949-5099 C. Twghane HYWM) Scam Conhatm /(970) 554-02. D, lm Prwure ow D(cal Enrgy) Jin Pnwl/(970) ze2-4058 E. High Pre uYe Cor (x. Evenly) Rkh SMnerw/(970) See -2521 r. call. N (Cemcw) Jwe Rama /(970) 949-1224 LOCATED IN THE SOUTH 1/2 OF THE NORTHWEST 1/4 SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6th PRINCIPAL MERIDIAN TOWN OF AVON EAGLE COUNTY, COLORADO NOTE. PLANS INCLUDING LMLI'T1ES ARE BASED UPON PRELIMINARY INFORMATION AND ARE SHOWN SCHEMATICALLY AND ARE NOT FOR PRICING OR SHEET INDEX COWR SHEET SHEET 1 STE GRADING PLAN SHEET 2 ROAD PLAN AND PROFILES SHEET 3-5 PATH PLAN AND PROFILE SHEET 0 SHALLOW UTILITY PLAN SHEET 7-0 WATER AND SEWER PLAN SHEET 9-1D STORM DRAINAGE PLAN SHEET 11-12 SEDIMENT CONTROL PLAN SHEET 13-14 RETAINING WALL PLAN AND PROFILE SHEET 15-18 TYPICAL ROAD SECTIONS AND DETAILS SHEET 17 9Ec F�Ey(:. JAN 12 2006 Community Development RECEIVED JAN 11 2006 Community Development RECEIVED JAN 1 2006 Community Development 91!®®IV�I luul\ LLILL- _ --- --- -- LEGEND W Z Bra RIC4ERtt LIRE R,ow Z ame �v� y .c 110Jmmy MNE Z rc4i CENTERUNE r Y3 y„T L iL \ .. •... . - •.. EASING NE EASING TIES UNE \���� III IIIIIIIII IWW , - EASING EE I FMSINO EDGE Of R0WwAT loo YEAR ROWPWN LII EASING CULWNT EASING CMTWx (0)i ` eAsnNc cONrWR (z9pl� ....„ - ✓.. / / — _ — _ — — — _ —1600— PR POSED ON4 1, ! \ :A NG GONroS (z') ' I � � EASING WENNDS 4 TREES EASING RK HIRAN „r INLET < y \ Ih Jl rr E`�I[ �^ �` A J r� �/ 4k.- w EASING OYER MRS 4 {+01742812 Nuk�B 'i r -� ` �/ TI)E SEASONS BUI LEJ�IVIT� O EASING LIGHT POLF "- ).5' STORM MH ) I i' \ ,{ Y{1 7 y TOP=7425 p ��1111^^^-- OB7+]424.82 "` >, A" 7 R' - / \ �, EASINNG SE'MR MANHciE _ INV::�1(}B')=1422.48 ✓A E - T " } 11 .0 -INLET . `� ^¢'N'* P ,: e�,'1 �'R `y \ \ EASING WATER MANHOLE INV IN(48•)-74)45 1 1'OP+]422.5 ',;f„^,. ,Ky \ " \ INV WT=7404.3 --...� V `ti,INVM22, 75 STORM MH ` '�M�,2� cl \\ W, EASING RIPER " ✓ -•:.p "`"., TOP -7425.5 l .-\ IC •'"T^"^�•�" - EXISTING LULYERi INV IN (1B')=741770 S% "- �"'8 '-', GRAPH SCALE INV IN (48')-741) 30 T • • `w, .. < Ec ' \ LLINGSW V - _- .., z V ..„ PRWOSEO OUPR TIFA INV y� M - PROPusED BUI rnavosm ROADEASEMENT I20 �, - • a !! V\meh - m n u II r. PRCPOSFD ROAD r. RSV R RCWT �i�ilifE M -INLET „ TOP -7426.12 a --- �. 'qtr \ INV 114=742398 a, N7421.OZ .h7k -\ �A A T e \ \ Z V OUT -7423.1$ 0, P r3 ItlV ri1�0 Y r -. ,1 LEO v A\ " r. . .I "2 a TOP 58 ` A \ A INV OUT -7 v INV �p \ . \V' MIT '.I A�-- /A '.1 - "4 knF pW�4•'R\\ W 74OB.b R. L - TOP -742568 - , ..` ro �� . R -INLET f Ico NV O 7421 1. -_ - "" y' INV OUT INV OVT-742130 4 9TQRM4IH �. - TOP -7426.3Z OUT -7 \ \ \ 74080 NV WT=742285 Z r. y _\ R INLET Nv lOU7 �aRza7 TVP 7426 35 1 A \ I O I+ V NOV M=742496 �~<F •./ F rf. \ XISTING 100 YEAR NOVTORM 312 �li / VMIT ]4247BJ J� \ F f, d J "' ICI ER EAGLE COUNTYININ V WT 142292 / 'JJ .q.i, '•.. \ ^i ,\`�. 003.MATRIX STUDY STORM III \ \ \ \- -"t� .. TOP -74M.24' STORM MH / \\y INV IN=7425.88 \ TOP 74 3 �. i, F5S5"�-+� = INV OUT -7425.48 N- �. NV OUT -74 35 r INV pUT='142z t&M A 66 tw rl \ /sTr�u^r41u'w`l'�6tlll' s IEEE um14+m,illllp�'rrs, +a u' 4•Sj�l i- �r V �".. \ "c j.c�=' ^I`I ll INININV 00 . 4 STOR MH TW -7112.81 N lV INV IN -740&30 INV WT 1060 g` ' d � LOT 2 1y' ENO NOTE: PLANS INCLUDING UTILITIE8 ARE BASED �— -74p8.e w z o By UPON PRELIMINARY INFORMATION AND \ \ \ 11,711 ARE SHOWN SCHEMATICALLY AND ARE NOT FOR PRICING OR CONSTRUCTION. \� �-'� _ s' SHEET I a-6fM1w%N1n•Mn+ilm�ln+nnvrt¢41 va1.I J-Y16AGMm. 11,` R,PM. 6ILEs _._._ _�_....,..., 1y' M1 �LPRWERtt LINE /R.Ow Z� z W �1 "k 5f ~Il.l °IY\"__\..\ %`• `\�, . '\ryry N _F%` ,A X ` / / / // , / i/ ^. ^ . 7t ,W_ ' nrl.v. i.. x 9 't _ _:' /\ \ O a \ \ ''�i -.. BOUNDARY UNE pillcENlEalrEK�XISTING ONE r EXISTING MME LINE J III III E !III W ___ ___ EASING TROE OF Ao Q IIII Z ✓ti A4i r r /1 l -•�'�,+� � .�,7 a -g�� L5r Ewsnnc mcE of Ro.wwnr ✓ " 3� ,�"u illi a ",^ •••.,\l r /�.'. "'. lYd lu,: `?5'�. �� .......... ,w HaR ftaWPUIN Z x . 1 WELLS \\ r\ pr e Ewsnnc anvET+TW TEXIsnNG CONTWR (w') RGQErlsnna WNTaR (z') F —wnoo PROPOSED ronTWR (1D') RxaPoo CONTOUR (z'> P.]430 2 I4 "I G� \ WT 7424 78 �/ A A >R V ^.. bX_LF �1 X E.__ X _� 'w-�-'� ! EwsnNc KIlANDs x Y 4' STORM MH m EASING TREES INV IN=]42312 fl - e Oh tD� ' r0 'i "'Y9g, �r v, -. / � Y �'F l ,E B "fig 4'St l f ! LOSING PRE HYDRANT INV OOT ]422 92 e / 4 Rt \ l TI=^ N4\9J� i ^L \ \ \ r x 'T.k �" rt/,`s !S'. / \ vu,f �i '1 7 E4S1NG OVER MRE �' EwSTNO LIGHT POLE !., \, \'r.'.. WELLS' %"' "N.•., ` 4 + * -`, I F_ \ \ / ($� EASING Yw£A MANHOLE 4' STORM MN .,r\-�(\ \ \.'...° s \ V 1:.. �tA .a - <].. .�`.[' t TOP=]428 3 +'38"5 �, �.^^y ,+ �'r. '`, i!W .. `' µ "•y` _ c ..' `.q y \ / { ! EwsnNc WATER MANHOLE INV R1=]422JB gQ,fTV.74Y7.6 RG EwSRN MVER nv our=7a2z fe f'.r I. I w ti F /,moi ()q �; \ '-ec \ GRAPFfIC. SCALE f' J ---... FEASING NGI b mpg A WTTER „a°t F'Pm�^ �` moi" "„`� N, ``` � v�..,,� �•^`�p� rl � % ` � � \ �n _ - � PROPOSED BUIIpHCS l I ` ` �" `' ` -. •. ^-� a M "v %iOPOSED EASEMENT II IIIpII (IIII 11� � / � \ \• • .,,.�� III �XI L� " , `"` ^ � �r� X Y `' PROPOS D R ; E ROAD 0 I A� _ �7 co INV W-7427.21 "i' al,". i• 5 ,a�M1al P'R�y r�'•.-... -„\ 2 �. ee \ \�E-° v (((� y NIV 0Ul 7 2 �`, �� � a TOP.]412.8� R INLET INV WT.]408A0 TIIP-7433.80 PA Oxw� NIV 7428.14 ^ w `3 'fw-� IPecy. INV d1T 7 - ' � 427.Y4 �`I'R'�'� _ t ��. V � IIII V''Ilp,,. III{ \ w co LOT 2 I - ✓I yIT.: ,<-.- g..�:, 'a,'*s 'Sic, ,,.y r Fq pp s a" -...E . .,t. I�• I �, (y - . _, / . ri r;.. " l ° Ilylrly lam'^., 4Iw14N,yI • y€°'V^3tt Jf 7 jNV,�N7.7�{'�7((' ryt \�:�� Z LL %xoP - @' � NV I S7+7A2b so �„ \ \ \ Z C) 2' END P QED / - r u �' .+ h I � , '+ T w — -.r..._ INV=7408.8„I + I/ F Ci�1 3 ... _...'s- .. , [ , M S % 1�q I J I mllrl ”-. . r1 I. "F MI r r .L � „.: II 11 sr T;N r .... 1 ,.a "• i E _.. ✓•' � ' � J.:I vl��'X � 'hs9 HJI Itlj r^,I � I/ �nI �.. � .--: . � n, uil [:L�; c -,.I .; ;.., .- .`t'✓Ir III � „ _. � , �� ,„I ".I I a 38:i� y ��z kAu A.„!„. tNF4,; .. I�I;I � / °u! 4 Ilq!II,II . „.,I ., - ^ „, ..-.., r[:l ;i w, 1 1 y4. ,III J r L. v ryyr4,"" , '4 1,1�1k ' �'R(I1`•x j ter•, �I INBTNLL ON PROPOSED OF LANECftBRUCI24 TAPER. �� .'..r. ..7401 , ��.•.- ., ix Trp �” qi, ! , .. ,. s w I.I 104, LII ur11 • ” „ tlI. sl m I RCP ` 0. ". .' . ,+. F'. ..'.; .... �._� I I r 411r -:.!. ! I "kr��,,' k. • . , - _ iRUC 4" ,Y NIK ro � �ia,lr' ISI#. I � V � GPO ,.. °. ": III rA^^'^ 1¢.41 I II "I 431. , ,,. I vi ,`- y \ �Ex 42 `-,,,'TRAC401° B74D1 k t,•LC_iT 2. : . - : • , y ' .. ,r �� r III Mrr "'fyi .:,.... -: . I .....� III III III T. uA 1;I e RCP, �l � :, N I I � p (� a -I EXISTING 10 YE.4ZNc 3e up FLOODPLAIN �M F. AS 4✓\ \ 1 PPES. Ezra, 38 E%. AND 42'� ��II I� All TTip PER EAGLE C NT \ ",xf+f �l I OTa -. { ^t rAcr 2003 MATRIX Si11 \VI I i 1 L y.. y'.I . , /p { .�.' t ". ,.� 21 IN- ROD Pr TOP-7419.4N�� 4+ P Te• RCP +�2 .._... _.. I, ,.. V:.A.°., :.::.�' `.:.., I. ] _ .: h : i o € al II _ -Sy _ \\ 1 ..u- Y . - . - F F Otl 4 MANHOLE W-7414.8 NV NV OUT -7066 `INV OOT- 10,66 R EXISTING k'SY'H,A{.Y REC PAiH '.. � •. ' � L L. o '� f 1 ry. HIY aU2=]410.74 l/ -" - - 0 IT PROPOSED SAND/OIL INTERCEPTOR TYP. ( ) PROPOSED ON-SITE STORM DRAIN (TYP.) \ € e I _ — w w SHEET 12 ,, ,� '__ _� �� WIIIIIIIIIIIIIIIIIIIIIIIIIIz � 8 I� LEGEND Z 6ma PROPERTY lU AAW. BCUNDmy LENIERLINEZ 00 Fa EMIMG FENCE UNE III III W n YJ5 EYJSIING WEE LINE Q1��� IIIIIIII IIII aR f11NC WgL/ROAO Z A EMSIMG ,...«...... 1W YEMEROCOVWN DGE OF WIY r ...... E%ISIING CULARt W IXISTNG CCNiOUR (10') E%IS11HC CgIiCUR (Y) Mcwc 0 mIN (2) " �t * ! ) PRORDEED CGNIWR (2' EIWIMG WETLANDS EYJSIINC WEES rnmeG EIRE HwRANT • -.... L -__. /'' 1 _ EMISIMG DEER W IE EMSMIG Udli PCIE -INLET \\\\. \ (� EASPNO SE T MANHaE Y5'STOR�A MH S r,_ I jC1Pn]42612`, IE SEASONc EMSTNG WATER MANHOLE TOP= 4200 I '.'7 OUT ]424.62 INV 1 (18')=7 Z 1•I ih'� 1, -'* L r, C r GRAPHIC SCALE _ pIXRIoSvGsm RIVER INV -70 v y WLMT wL 7ixT.5INVO-703V�7i1B.5 )„a' STORM MH as a cuTTrn i�.74255. movoxD Eunnmcs a VAN j a ]41]70 )2]N41]30 _.. - �( W IRET) ______ _ RroGOSED EASEMENT �\ 1 l .h - M It J g '12.0 -7447,30 N '. - � PRGFGYD ROAD a i ... Ri VC' C"5i^ -r D !VL Z - . ✓Q�M4if. r TOP=7424.0 � J QM66rg7D �`*-•.,ar,� _ ��� \v ,,,^: \ i. �� `• Cx INV' qq11 _ R -INLET ��.., ",.__ \) 'Sco z� OV 4 IN IN74 t 2.. R OUT 'INV OUT=742L30 4" 'STORM UH TOPI N4 BN75 "IV _ �74M.0 TOP_]42$62" r„ '^ \\. .� MV \ OU¢7d�22.05 / INV INs]42i9B� `w."" o. INV 0UT-74iQ y z r *• rya`.. Y? ' .r _ .. �W,-7476 \ ' IN'Y'OUT 7422 3] \ a LOT 4' ST ar �w t EXISTING 100 YEAR 4'SroR=74�MH ` n°PWrWTa 2470 FLOODPLAIN LIMIT AS ; 003.MATRIX STU Y r yl EAGLE COUNTY NV IN ]42312 \ \ Tae INV WT 7422 92 \ 4 ST PSR E 1 . F TOP=74283H ,.a q, /..,y.�,..` `:..yi �., "'�M y.. V ;N-7422.38 ri . \ qy IN } �Y � r a 7OP.7412l���..\, NVI 7 o T 7408 0 >" 0.,,� w I' _ \ Y �Vw w _ LOT 2 I al a'I o NOTE PLANS INCLUDING UT#L8 ARE BAKED -- - - �` - - c �IGALa , -- --�`� UPON PRELIMINARY INFORMAMON AND ARE SHOWN SCHEMATICALLY AND er o' ARE NOT FOR PRICING OR, CONSTRUCTK:>N. �� - '= _ _ , //� \ w �r =Ah— 3 - SH r wDS `� J v A,ETI :liffloPo I: I! �o IIIIIIII N � � RTr UNE /R.O.w Z >�sQ. CEMRSFUNE ARY ErL - ` . '� \•��\ _ {k.'. / // / ".. �,. .. O EwsnNG FFNCE LINE \ \\'-..*eRN `fy, //� r// //' •- r .. II ,'.' moo\ \: -_ ___-_ ENSDNG TREE LINE IIIIIIII III Z� "�,• \ EN61mG 1RNL/ROM "'stmt EDGE a Ronownr IIIIIIII III tee' J \ \ ✓ IN ,. \\ IN 1EAR FLOMP Ix Z � -yi•/( i - Y'JE.�LJ 0• ---------- E4STNG CULVERT W B TOP 74X / $_;"J/�' "a a - G -1 A /� - EkSTNG CONTOUR (IV) f• v �d o. Ii;1lJ�V - E4STNG CMT0UR (2') 4' ST0�9'�1 ,b J `+. / `�,t l PRGPVWD CONTOUR (m') s �T 1' `f 1- /%%' ` _ PROPOSED CONTOUR T V OUT -7424.78 J J J 1 • ',a 4 r" a, } EXISTING Wmwos 4' sroRM 1� p a� /y { Ensnxc TREES µµµ 'N 474TOP- C2312 Sr'{1lih�y� _ `d -/ EXISTING FIRE HYDRANT INV OUT 742292 _- / \ �+- EXISTING OVER MRE 4 STORM MN m f r _ ° 1 \ EMSENG LIGHT Pat III I '\, 3439.4 ,, \ •�• ••' "�_ `•� " WELLS EMSIlNG SEIrcR MANN= 1 STORM MN j r ,� '� '' INV IN 742b.69 '-- e I� ' EASTING WATER MNMatt TOP 7428L3 y . \ 4 �q/( \` EARGQ INV IN=742239yam` INV O I T1R5.4! r tM h — _ EASING OVER INV OUT=742118' I' �r "R ••,I„ �„ '-�.v�'\ \ , ro., v- - GRAPHIC SCIALE. _ -' - I '" ""^^�.� \ •' SEH Rpt/ 1 EASING OVER MV -74275 /m FROPDXI) CURB A GUTTER I {IIIIIIIAll Ip.:y1rcr�'"F`n _ « R `F ,. +,..� ..ti-,� - .1.ck. "y«., PROPOSED BUIIOncs ,AI ^Y11'1^ 117 r IIINu 1111Yr'�PI ,M]�'j'w' \r r~ "' �6' " __ __ PROPOSED EASEMENT (IN FM X A .,rr;PQI,lr uam•I'•'IJIYIa IIIW"1�111114y 1N1r,uyaP EJ' III :tt �.: j!,.-.. - \ �_t iae0.)Go IL p " , l"D " L '�. r G D ROM 0 III �, .,_. 4 STORM r4 � k: Ii s.m, dAJ1t �" _ �, 4`. \�� � Z _ W"-• INV OUT=7 7 7 7« N INV OIlT=J4D 0' \ ----. .. r • c: _ 1 ,�- ' _ �Niuu4¢Illu IIIgr,. �. ��� '., _ _ I `) 7 f� v Uu 41r /I911N111 L LL 'l, I � Ap ✓', NIP w 151 1 � 1 1' $Ta1M a N�7100.JD N \......, A•�\ IM ri' Fh? -I�N�k ,..,,..:V MV OMi.7400.10 �, �\.�„C:. ,",n11 '..,. VNO. ExSwIVN`. - . „ -. rv1 Nyi�u1 yym,-,rvl"' R -INLET , IIFIN " NrvI,I IN'1i'", 4TOP-7433.20 i0P-]43423. hull M I:IIF. "�.' fp •'' 4 INV IN=]4P 214 G�'", 4 ,,:F �."e', ' " / �• e A .� \a, Z � a..' ].94 I � �I bell _ P INV OUT 1 1 W....OT G ,: �,_ , y.L�_ �',". e I i INd1 : ' -�. , p �V aw-R� t ��. Cry; -V 10MYR�'ti r .I,r:':I � L=:w •i,,' � n , 'Ni , 41w •.., 1 -. - FLO90PWN'^.. `� .�.. ._. I ' I V�,k 1'I�i �I a III^' I%�`rP I111�611re1I V �� XO., ; .: ?„ ^fn4' 1 Y ,7 :_.• J "1 '� 1 , Itl1 111 Ip 1 11 y1 58':3 _...-.•,',' _ _ �,�:..mm�^ 4• rI • r q'7 TOP „., a-7 INV, IN=7426 ]0 12 ENO PFkOpb �' str :.I .-fi 7426 s0 V -]406B 95Y V/ IN OIJT- } 6 ,MrtP+>'o I.I t Y'4',w,E a ,„^* I \ r , \�, 1, LLJ ;q +r .__ .;L%, - 1Y1 5 .9J / . ,"•. ` z• ` � �, VrA����'r�'4VIi"` +vc .^��'�� a3 .x +p 1¢ dr*: IIIf19O ��- : / __ C— p \ II'XII°7P.NIET: lul :':;,I III Ih ^I f r..' are'. i0P=7435.9 yn,,: x.x n.; ,{ MIP 7::'I. ...,� P".[$. III rg N ° . ,19� ,.I. .\, .. , , ...a „ .. :u. ✓. , ry {. ,. rvj,. alN IY III f,1 Ir, 1 :7 Vis. =X424. Y '4' t r INV IN "mV+* �.:;'',�1. 'F-'„ 15' R -INLET �,..., ,..':.,. ,,,.„v .. ' .:^' .. c'ss,.'„AIN , 11 �I^NI,II,r!I ” . w,:l 6(II""`k':. _ 1Nv our71a4. a° "x. „kl 1„ \ I ' ? ."".':i rF '" rx"”. s.'""s f % u:'.+'.. k'''+ Y N' .S rtl N d ',;,, 1 " 1 ,,' 3; a81 :KI}µ 45 �C'.: Nx4 a- - b CYRP OF PROPOSED .i ,i. ,.. .'', ,. t , '.,`_/„ I I, . 11 .:.., , ,� rs �„•,3 a u, 3+�=: wi„ ,5 N .w : I I AIN 1,1... �: tl „'7 c, ,;. . ` .. • , i s'S' NII aai. a n ^ ,: ..:1 . " .#�L dll 1 r"'r y '� ANI a 'I LLT`" �e,dr- - yr Y' CONS OF LANE TAPER. -., -_�. .�, _- >e 'r^p dd�9N .?r- IjN,xxff�:+1 I:¢ p 4.; �P 1 6 k`]. „ a� .0 A. -q - .--. i - ..Y I s..L✓:">^"M1i sK.,.rrvl: i , s ..-._ - - c .y.. I I' CONSTRUCT 24 RCP 3A01 � - '�' G � sa3' , t9d,lY AIN,�I N. R, =1: su g �L{I .��-. �m '.., , <'# "U �R+ 11 I v ^" i. A.. {1'LI p,FI'IIC 14:k n:"c ':"Jr 6iVl., N N ,�,,.,•r�• a-, .< . - n - AIINd}� it 1 ^IP]N,117M N IIx f.y 114:::3 : 0 r , yil I"IIT a 1111i,. .'.^,�.:,�..',:.�.a_Z'„aww"r _.._ s,ax ., ,„" - � ATM y, .l I N Alp IPI' �'r�I Y. .`,..H 3 .�¢. FROM 15.8 -INLET i ' 1 1 0� 111161' .. .; ,'.. ��' `ti ,a .'N,..N 11 1 , , ' "e p ,i p� -7• t +7ao15 k ,......, .,, ' _ oPosEo I 1 MH. � .y p 8 LOT G, jI,'�\ \ ✓ 4 _ "y°?1 N P L,?.;° 11 N;ml Illi ?.4 In. .. L„ �'ua?' --.. 3 "kl,¢,.:.1 ., n y u+ .�Nt.:: _' •5.'' ii 1. • M HOLE lu i CON�TRUCT AT I p . `, . ; :, { s }� ,N^ N:I Iylld 7l ^ I ire... ' a L IN CION OF EXISTING 10 " E tti\\6, aq,,- ^ " r Yr izPMseEm°dD i ." FLOODPLAIN f S (\ \ \n a re �.J � 1 Ex W AND 42'I PER EAGLE C T \ \\ _ J LOT!, 2003 MATRIXUi li [ \ �� i r II� t� _ t �,..,. ,% 1 ...ar. + —_, 1 ::i.• :Niui�;llul�llll / _. /'•' $j I +2z -T� ,, a",,.V '^'T= -.f1—.,..___ I � � .� ""IINN PPP AInki%cTTfIP.i4S19.S ... \„ y�rs"s�l �� 1 ,.:."- � '- „.', � I'�IVh u!f rvlV mloll{�'�"w: �=` ."... _.. , '""'>y;'..,1 4 x11 "'i�. Wv wr7. 21.x9 i :. ,.1 I I' /!� 1`:• ,? I \ ._ I ,. V`• {'?� 1 II I RI GYI CI ' I' 'N Y ... - �. 'p, .;, ��•'e�: .. �`-•..-'ON .�, .n4i +IF ,.. .v,,.iv ;:. INP 1k;.»•,s ss�w.n¢h"r ,y:�L ryl ,r.p MN kg �r. 15 iv€�I 1y "1� .r`z !4' r Ik, r y '" \ \. '• 1 4jO *+-i-�„::,. is 1y„ *P, a :* �, ,r�h� 'x 1 \, .� "\� �\ k� ...ai1-7.✓'V. }ll y' :7 .i•9111±I��Yal kiMM:rlFNra,y 4'Akl�"'""'?`I IIlxl i IFl ."•''E "` R -,i tl' 4• MANHOLE 7a'RCP ., ^JIYP'^;FII, rl .� V""i.l?11I e Alp r= �. o`2R INV TOP -74794 01V�74143�22 k" III ? INV IN -7411 M � l �., TOP-7a1ae \ ! \ MT -74 O.' - .:...c2. 4' MANHOLE 1R 4 MANHOLE LF INV IN -741066 ` _. ...... ]1IH12ED CCNSTRIlD9d1~ .SVT \ RIV OUT=741046, ® 'INVM 74190- 9S pREC -SL ` r • SCT INV OUT-TAT.8 MANR1JEf SLr YR) EXISTING ASPHALT REC PATH ✓L07 LF s TOP -743U - \\ i6.. Rrp INV OUT= 410 S YT SLI - ryS ..—� Z.._� 3T �� 1 'v f 1� a 1 �VGG Yom71 _! SL PROPOSED SAN7DIO)ll INTERCEPTOR ( _ PROPOSED ON—SITE \ STORM DRAIN r NOTE: THESE PLANS ARE PRELIMINARY FOR _. CLIENT REVIEW AND COMMENT AND ARE NOT FOR PRICING OR CONSTRUCTION. \ SHEET 14 I:,ECONNI WxvinRAV,IAm12G I WV] ®b12 30L5154fm Pw0. 1(YN'S 12846 PM. %FILES IN FF -38 0 THIS PORTION OF PROPOSED CONCRETE WALL 7460 _... n4.INCORPORATE 7440 -- E PZTB �_�. _1 746( 7441 7421 DATUM AZ" 7410.00 0+00 TOPII11 OF PROPOSED CONCRETE '(WALL ------- I _ —1----�-- _. M It) O N m VL EASnMG FENCE ME EMI TREE NNE �— - EXISTNG TRAIL/ROM EXISTING EDGE of ROADWAY -- — 100 TEM 1000POUN MSIK CULART — EIp5TN0 Cg1TWR (10') =TWR � EXISnNC (2') -_—l*dC--- , +3' I I1 x EMSTNG NET DS w MX - TREES w 714 -J EX6TNG OYER W RE EXISTNG UMT PIX EM"M YNER MANHOLE EASVN0 WATER NNWCLE EWSnNG RII ExII W64T PRCFOSED CUM a GUTTER PROPoSED EIU INOS FRCP04D EASEMENT 1\ IIt .. �... --..\ ,�"`^ "^., '•. CENTERLINE OF PROPOSED --.+22 10 WIDTH UPPER PATH r :r...-- —�— — 1urv-------._. 1 w 1 , X ------ w nmwnvwmm r oo - '34,50_ _ 3+00 �3+30 —' — — I' EXISTING ASPHALT REC PATH SITE RETAINING WALL'B' \ .l "LOWERED ExlsnNc wnu,raEE-_ r .�_ c am \ ""' �. SEE PROFILE �,✓ _ � Eye `•., `� THIS PORTION OF PROPOSED CONCRETE WALL 7460 _... n4.INCORPORATE 7440 -- E PZTB �_�. _1 746( 7441 7421 DATUM AZ" 7410.00 0+00 TOPII11 OF PROPOSED CONCRETE '(WALL ------- I _ —1----�-- _. M It) O N m ✓t EASnMG FENCE ME EMI TREE NNE �— - EXISTNG TRAIL/ROM EXISTING EDGE of ROADWAY -- — 100 TEM 1000POUN MSIK CULART — EIp5TN0 Cg1TWR (10') =TWR � I N N EXISnNC (2') -_—l*dC--- 1+00 SITE RETAINING WALL 'A' EMSTNG NET DS PORTION OF EXISTING CONCRETE WALL aIn mn M V < < n n t+ n 2+00 2+16.01 IX SEND ING WALL bP ABUTMENT SLAB I-70 BE REMOVED j I I � Z / f W /Q ' I PRbPOSED JEWAlX IEx 4 R W &D CP�ri JPROPOSED E.x I RETFJNINO WALL Ix k �X to I I I I v I I I I` ` 4 Iplf r €XISTI9G WALL I 0 BE (REMOVED ; / I / + lza ! i f i I & J COMA ETF( yI r t Y P . 1 3y.1 3 OONO ETEPAN — l _ HORIZONTAL SCALE: 1" — 20' VERTICAL SCALE: 1" — 20' 0+00 1+00 2+00 SITE RETAINING WALL 'B' l V£LDGSODtWwlaMimN.n-1Jd1A5\AD eoY12 XFM.R. t(YdF911'.41Ot AM. XFILES �� _ ERTY NNE /R.0 W. 9WNDMY NNE W K cEN1ERUNE ... EASnMG FENCE ME EMI TREE NNE �— - EXISTNG TRAIL/ROM EXISTING EDGE of ROADWAY -- — 100 TEM 1000POUN MSIK CULART — EIp5TN0 Cg1TWR (10') =TWR � I N N EXISnNC (2') -_—l*dC--- PNO !) CONT (IO') P Ml) COM UR (2') _ --+ 7 EMSTNG NET DS w MX - TREES w EXIs1IN0 FIRE HYCAMT EX6TNG OYER W RE EXISTNG UMT PIX EM"M YNER MANHOLE EASVN0 WATER NNWCLE EWSnNG RII ExII W64T PRCFOSED CUM a GUTTER PROPoSED EIU INOS FRCP04D EASEMENT PRCP04D ROM SCALE= 1" — 20' NOTE= PLANS INCLUDING UTILITIES ARE BASED UPON PRELIMINARY INFORMATION AND ARE SHOWN SCHEMATICALLY AND ARE NOT FOR PRICING OR CONSTRUOMON. �I Z Q coZw �Jo m0n W (XIX. )0. Z Q ZZZ LL WIII -i WF W(� SHEET 15 W K R V1 N 00 1 I o O Z � I N N w a� N af��a SHEET 15 _ __...I _ _ __. .z-0' Iz•-o• Iz'-D• -Y •r Ic. soEWAu cec ASPHALT CONCRETE CURB A GUTTER • ASPHALT PHµT .. ^ . ••, GRADE TO Yr o 0p\ER\W•E 2 _0• 11/z 4_I RB ^me, ZZ �t 20A rteIB•— 12 EVERY ID W CENTER IN CORS UI�I 1 i' 20. Y EVERT B ON CENTER N PAN I � �Z RA •" I 6•001ANcTE y �� 6 % 8 W1.9 % W1.4 CONTRACTION JOINTS :�' . • i '+' e ^ 3 PLACE AND AWPACT Q (, .. 1.`„ `}Y •' y d di J..I,.A: Yli YYlded Me Fad% *' •$k a u9v�tl'1. Y R Y r�w1 ( SC4 BEHIND CURB •.A:Y'T •. /.. 1.,.''.. Z F ILII MASS 6 ROAD BASE 9' MASS B ROAD BASE T ,,i L:J 9 . �: Itil r" "AI'�SA Sn,YH VERIFY AND CPTUBPADE CLCLASS6 ROADpTOB PffROVDE 3 EACH 3/e• a ROAR CURB O GUTTER i:R"✓r BRO" STANDARD PROCTORMM 9CONTENT 0TO 1J FROM A TYPICAL ROAD SECTION WITH CURB/GUTTER d' YETMFYAHD COMPACT SUBOR E OPTIMUM WSWRE: TO 95%TC PR TOR i' gSTUREOCTOR COANDNTENT 0 TO +3WIfRON • OPTIMUM MOISNFE NOTE: SEE FORTECHNICAL ""CATIONSXS fM CONCRETE I,'MA Cirtt TO PR ASE 8• CLASS 8 ROAD BAY AT phi MOdfIED PROCTOR WTN W CONSTRUCTION JOINTS RE B-z To +2 FROM OPTIMUM M0f5NRCONTENT MCREATCHµ PAIN PAN WE MESH REPLACE WITH ROAR IENGTL CALLED FOR HA. END AREA OF J6 8 x 8 - 1,{ 0.10 FE ( O IB E.W) POURED JOXIT I/Y PRE-NCLOED NOTES 46 6 . 6 - 0.13 Sq. In. Pm FL (/4 O 10• E.W) YAIEF ANT FTLIFR I. BAC W`&L YE MT-Aa. Cf W T/m $LOPE ASPHALT MAi7,i Bd' 6 x e - OA O M . In. Pm FL ( O 12' E W QA ) BV' Two 8x8 - 2,2 D.26 . In. Pm R. V O 9' EW ) RB R CUTLER 2. ACRE Ai 1' PER FORT 3, 1-1/2' RA I4S T11'ICAL 3 20F 3 d, `� •' '•• 9. SLOPE i0 YATgI ADJACENT PA`pAENT o 1 •,'} •' •,. .f': EVERY 300' 8. 5. PPRO�CONIRATMCAL AMNO ENTSECNON MON "1. PRONDE E%PMIS01 ARTS 3W' O.C. MA%MW 0 CLASS 6 ABC EXPANSION JOINTS e. SEE TECHNICAL SPEMP ATrox FOR CONCRETEco N.TS N.T.S. N.T,. N.T.S. B TYPICAL PATH SECTION ici 3' CONCRETE PAN DETAIL D CONCRETE CURB AND GUTTER / SIDEWALK / PANE JOINTS E CONCRETE CURB AND GUTTER ` Z li W Li. J N6TAN .A... x 9 AELDW ARE FAWRI ]" 5•-0• 2'_6• N3Ol£ BAY CWRY IXASTRULT 0.YMRACIM! ANTS .16. OA. A BED. ITPICK 0XI MHD WT1ER ' COIIIRACT4! .IgNi Q 9LaS . a ROW IN( FOR fLOW ACROSS PAN ASPHALT SLOPE 1' F£R FOOT R.C![ 4 e' MLX S. W1.{XW1.9 WAF CCNSIRUCTCN JpNT Q 6 x'A R 1 i : ,xq' ='��3 a� r: •. r t r y 31 i'4! PLAN ME .f Q Z y _R� ..k S`94't , w 5a > t I.�-GCC —►I PLAN r — l __— --._ ___ — — _ _ IyRAMP 1ImW �. am' 8�. Bu�mE \.. Yni:` O: ,SY° —6 ii� VIII EXPINTER PRO ICK AND NAA�SAVf REIN- @t? WE ON UNIFORM GRADE THVE BEINEEN PAPAL PgX15 ' 1 ' GENERAL NOTES: - fLATTFN CIR5 TO 1-1/2' TALL MTTEN am To 1-1/Y T FCR."EMENT AS CROSS PAN W 2'6N MTIpWD 1lMB ANO ILTiR TCGFD SMVi IS REWIND) WREN 1XE cLfb Mp gMwA1% ARE pWREp SFPnRARv aR LW WMCALLv. VNtl 2NI' PAN ARE MESH FEPULE WITH ROAR IENGIN OALIEI F. HANNO END AREA OF 2 PUCE A NINIYW CF 8' CUSS a Ron�ASE UM[R SEE. C1AB AND GUTTER 38 I 6 x 8 - 4.4 10.10 In. Pet ft ( O IB EW. 'I A, I6 x 6 - 2.2 10.13 64' OA .A 84' Two 6x6 - 22100.26 SR. In. Pa ft O a E.W. CENTERLINE M\FRPRENT ROAD NTS INTS. N.TS. F TYPICAL CURB / GUTTER AND SIDEWALK DETAIL G ENTRANCE CURB CUT ON SIDEWALK SIDE WITH HANDICAP RAMP H TYPICAL CROSS PAN DETAIL NOTE: FINISH GRADE OF PAVERS a-D'o.c. SHALL BE SAME AS THAT OF ASPHALT PAVEMENT O ROAD 6' MA Posr CAST IN PLACE CONCRETE BAND. 18' WIDE, 6" DEEP, PRECAST TUMBLED PAVERS, CAST IN PLACE CONCRETE CROWN O CL OF BAND. REINFORCE T'XB"X2 MI'Nf BAND, LCI WIDE, 6" DEEP, SAND-SWEPT JOINTS CROWN O CL OF BAND. REINFORCE ......_ ...: W/ STEEL MESH TO FULL LENGTH W/ STEEL MESH TO FULL LENGTH 3 1/2' DIA Pasr SAND SETTING BED, T" DEEP PROPOSED PIECA6t TUMBLED PAVER6 CASs P PALE CONCRETE B SiAGVdD pAndw, ASPHALT PAVEMENT CONCRETE SUBS-AB, REINFORCED WITH STEEL MESH z IM M uaT BROW FMIv1 sr2o-e6nT Dans (Tm.) lim o W \ CLASS 6 ROAD BASECOURSE r bb .. �.1 mm ilv�, i,,t. .,..,., t 5,. 7 f. � ,.,k\. ,:y `t �,. c ,y,x �, L ' o �� , u;: .ylvg .. •�>� .. •,, .•• � ur � I` 1�• 10'-0• per• a ESI` Y'-'-f I'liftiff REASUBGRADE ®41 UNDER CROSSWALK o N N .12: RIE! NOTE: THE CONCRETE BAND AND SUBSLAB SHALL TYP BE PLACED MONOLITHICALLY � I. ALL FOST MALL BE ACO (AIXALIIN CCPPEA WAIERNART) PRESSURE TREATED L'CNgAN CONS T COJOSTE C ECREATr & PATE IFLMA1g1Il RAM WILL CURB ANO GUTTER RFCRE/,11Wµ PATI 0 � CONCRETE ENCASE EACH ENO POST 2, ALL PO'iT SHµL BE WRIEO A MIN 311' AND EVERY VM POST a ♦ry m NOTE; PLANS INCLUDING UTILMES ARE BASED f 6 w 0 UPON PRELIMINARY INFORMATION AND ARE SHOWN SCHEMATICALLY AND ARE NOT FOR PRICING OR CONSTRUCTION. SHEET 17 T,SS. N.T.S. N.T.F. R PATH RAILING DETAIL (ACQ PRESSURE TREATED) J TYPICAL CROSS WALK DETAIL K TYPICAL CROSS WALK DETAIL � i 1 ` �%♦ / v LEGEND CE E M.aw . ENUMM WELLS NGRWELLS uwwµT sCNT Pa£b Ef SIND WMI p FARGO FARGO Eg91N0 WEE MMHpE wRTNDR PROFICSIEDMIS, aWIT R on alnNc o-._ a,.__v r°L / /~♦ -- ENSTNO PHDr2 ""._..-_ v-----v—q._....._P—v b b - 71 h n_.. _.. P i.��=�z= �g I I,,::\ � ,. ♦,7 F .- EMrnxo DAs v - WATER .xi... \ EXISTING OVER xEID ELECTRIC Q/(� _ MISSNC 1V ._ s --e. i. an. a -.. m c,_ --_-p w -..-. v• _�_ 1 �. t --b "STNO SENIOR EASTNC WATER _ - f `..T , .--.. ........, wPa"lJMI D T TRENCH • WSRMD QIMRT •n ...._ L rt 1 % PRC4Y#D EIEDIIdC IRMSF PROPOSED v IT a- --_.. __ - p, -. --._. __- _- _ _ _.. _ _-_. _ __ __-_ _ -_ - • --- _-�- \\ 1 IN PROPOSED 11w1nND WXGNTCAn PROPOSED WATER MAN —PS— PROPOSED SANITARY SEVER L CA, \ 4v PROPOSPD NRI: xTDRNIr DENVER. &RIO GRANDE WESTERN R.R. NxsTUL (z) it GATE wpeta 4T'}- .•.�¢—a_.. P,_ SIDIER VALVES, I e' GTE SEA 14443.11 - _ se -.. �' ..-a----b-t----V P --.n P ---a Pf ' � DM 1tl 9F1Mgt AND A tril - - 4xw a ---a P --a P a—b—a—b—b�b.. �P "'�'n EMB1�0 Wwer — foo. V.. 2'%I' SE i P Wi N14.b l PROPOSED KIY 1IW J4S010 �Ty\D'. PWS PPCPDSED WATER SERVICE TEE my •• rsx gip,:., k re -aP_ So.., ..Are uww qr —.rwr 1 St IfiloolZMOlAl2s \ `� —PSS— PRGOYD SArNiARYT SE)INCf E -.. Ep69113.iT INV. P _ M p ..._Cx •• _.M__. .y Plea mor \o... O l' PRCP03D'15'SEND w Pxxe n eva, .. � :I° ,,, -�._w, a ----".P N� Wi )�4YII r Fpv>M; Z �`� �� _ `� _ _ _ _ _ b NIC ... - „ ,:: -•'+:-,Ca-__ rv. La�y�ppA s«MLM p r PROPOSED 22.5- REND ----------- --- .,.p_.__ -_..._a.. - 5 TRACT C _ - _. _- _ - --- •a - - _ _ _ _ _ `v,g INV. IN 7MOS te PROPOSED 11,25 REND __ _ ' TRACT B ____ -_ _ _ _ -- -- ---- �- °r eosin fm.0 Lr re-o.� V \ 1 PRO MRIIY. M�)111.33 PS— a- aTa L' 1HnSx 11 J`(1, 1R'%I2�"NE6' RC PRmIRRIGATIONRV CDPPDC IJ'N4R-Y6- lE£ _-' `- RIYFRERGNT DRIVE 11 OW WAv.N MNN PS—E %P�fD 'El X+OYO ,S,yyA� 18YC1.BJ Nx 007PaerascD rz'xax6^sE B10J 0tiT •m J.O �NmP \\ INV.. 74M.23 -- NPN\-. PS es.. P�-Ps-- PS -. Ps Ps— - In>a ie.'Mm N. 7443. LJ 4 ( IE,A 11 4 1% 9 MAry 12' INP wPr4J1 !— s o PS ___ PS P5 —PSP \k ffi '\ \m ��-y� ,a'vALoc u. ro°�Ps I_\.. y-- _ _°--.-�,,_.._ Ea s'Vet UE \ I \\a A ' • i1 Py•ay ..:-,�. PS PSE _ t_-.�-- SPSI \FleorosED J /INV. 742DzEILILL . V�ss Ps 14PPaMsENSEEDR-1.742 IHYDRNT I.qy�' 11Q1 )) Yf 1r5NMi UIIE (TYPICAL) L-2 aa ep \ -_-J PTce03ED 6 oIPD 6 oz STA 12,3525 a \ 5. pry V mM 76uaz I A. 6 V �L WORD. Sol 74x.65 V y] \ e' PSS' INV. IN u22w I ,. STA R 41.53 L -R6' flSl \ \ \ INV. 7422.54 IMV OUT 7421.83 ,`�. RN 7436. 2. \ l 60.Po' o Nv N T4z1.1D \\ \ \ I c 1 \ N NV, OUT 01110 \ V" 74 1 \ x \ RNACATEDv sEWw mmNN Lv(E)ISTND$D-¢ ?. ISL \ \ I I p 76 LOT 3 Ot A A MROR212STA 17+63, S2 3 N \ A N1 )w. 11 \ INV..a1i i{2SN 1� \ LOT 1 MWH1INANT R RE t r A REM01eD /(ID RETURNED s- \ ' . ID ERA9J (IA w5Po5E0 OF PER NrASD) INV. 7iztee u YIN STA .16DO6 So. NV. Wi 7428.55 SII. F(_l - Ll [w ISS 74MSO NV. IN )4=.65 \ �p.n iw win !TA M00 PROPOSED ♦♦♦ ♦♦ '�� \ \\ '.. 1 STA 0150. NY. WT74D71 \ \ 2x12x6 e' , NY. QD 7NZ IP y, ♦ A A LOT 2 /.' ( WA 0+5 v, �? -`♦ �y ��♦ P TV V vv A vv - - ° EoNEeSp,�PNeLr - �� ANT \R(VLD. N 74 a5R NIFNxv ra m(TYPICAL) LOT 2 &l k� ♦ � ,oV , \ PNIN, 1 ✓ \♦ ♦ "� 7 �� A\ \ .11, WN�VII d O ``r.� 7 TRACT B \ o m ♦� eN C� �'�♦ 77 v EXISTING PRW. ExlsO �dP 1 fes- tlA� Y` t QIP � h -"_ ' al_ NOTE: WT EXISTING 24- t WATER UNE AND INSTALL \ (2) 24 GATE VALVES AND FRE xYDRANT LaGAnCN (1) 12- GATE VALVES AND NEEDS TO SE PER \i \ A 24-%24-%12- TEE FIRE DEPARTNENT RENEW /� HORIZONTAL SCALE: 1"=30° PROPOSED WATER CONNECTION a61e.Vw.umq..lzalr�o.®lrxxaswo•..rere.lmoo6lrnre Pu. memo o I LEGM PRaPERv uHE x Io.W. M^ FIRE STATION '� / A — cENTmtInE i' �� �� / A \ EASING MREHYDRANT �¢Ey. r --r EASING SESER MNIHME RILL EASING LIGHT PDIE Z ' — THE SEASONS BUILDING DEASING WATER OSING RIVERMA""ME III III W ' PRO OSD 3pbN6 „ER Q IIIIIIII IIIIZ g& PROPOSED PROPOSED __— = EAmxGPHGNE �� (� B WATER SEWER CONNECTION ------ EAm„G7v w e: -A5: -- EASING WATER CONNECTION HORIZONTAL SCALE: 1"=30' -- roll - EASING GATR HEAD ELECTRIC EASING SEVER EASING WATER EASING PHONE -.- PRGPoSE9 JDNT TRENCH EASING ry A %RCIFCSED ipgSED m WTRANSF °p5TH0 BENCHMARK ROAD SEVEN %xCPOSED UWnND CONDUIT PRGPDSm WATER MAH • , _+'y p'�"--b�.b�---b--_0... R PROPOSED SANITARY YNER [irv.--_._ r,,._ pA, � 0 p"`-_b•�^�•b__�pq b.-� i —CIS R"`0 `: • _. _. G,N»_,.� 5w, ..uwr.. - FIRE HKXNL ASSEMIK MASS, �DSTgN gV£R PROPOSED SANITARY stRllcTUREs c. -•_cp, _-• r r.:on- —NS— MOPOYD WATER SER NCE -....- —052— %ICPbaF➢SANITMY ffRNCE . WIND Ex. MHwz LL _ _.. O r PROPoSD 22! BEND 7 AN Rz1.OG - - O Y ` pv. w){uR0 NNiA�01B&1{ -Y- -. `. T - - _ ©4 PROPDSD n zs REND O / SYA STA w AFF,IBM 7{x&03 IRAIP w y�pR�,-_ --_ RN 7{z3.zz lEC VES INSYALL (z) Iz GATE AM 7421.& EpBINR Nxp( ST.46lm,){ -. pV IN )HB.w (I) 0 CAiE :- - .... I tl1V Wi 7{163J _- / VALVES. AND A 1Y%12- a IN EN 7aG.Os aNp LLK (i) a YE YpILOf THE LONER LEVE OF y bens xW ogy- l NV. aui 7{I&Bz _ 1 u1D A tYxt - _ --. F+1 ! NY..... .vN ___ l 4.. N () GATE iN{i co THE SANITARY ��— ' _ _, _. -_ p x X41 ---b pb.—_p va. --_ —.. 1FE z WiWO W1N1 W. NT4°i4�u•> � Z THE SAD A N1LL u• :I l — _ N - _ -- -N ,AT=p p=p • N p,s._ ax �. rsn,..... -� _,b eL YKA bls as —n® o. WT JtLiJ)— 1 INR THE BU�ILDINO m -f _-_ ...- ®__..-- [.�----.-.- „„iiYT.M �Z i/'' pBag` TO REACH THE ,. / _ -� PROPOSED SERV _ '-_ •,` CONNECTION Izxlz•xe'TEE WAv w n , f �•-- _ - _ 11'%12'%6'iEE I tI )♦ 12 at wnrtR M N - RIVERFRONT DRIVE ' _ - _. BUILDING A PS K P5 L41. P -1 Y DV WAThk MAIN u.I m� r /y :J p5 "i. --PS_ x -a TRACT C LOT 7 :I T -.- - Ps— Ps --Ps— _ I - --Ps =Ss PS__f3 r_ Jv ,r,.__� - rj e � _ n S i—e PFS '�� PSB =R PS PS .- .. - VR6rJ.h - PS y v - ED 12'&11'xC IF - - _ -- _ .. MM uaxle ! rRGrGSEn {IST _ +--.--� . PS y� e” Do- 1. xla xs' ne. Sr NS PrtmG 1�' -.R+5 _'�pv 4` INV.IN 74x1.33co W OSp CRQ PRCPOS£D/ INV 1NA37 a t�Bp 2 DIP µv ThN IHY. Wi ]121.2} I h i B• DIP LuZ)br I PRGpOSm PS MNN Ig. T L�AIB S�� / / v i9' VALVE r FlZFLDING (PTCAL)V B \`\ � s r LOTS MWIL y — _ Z Z Z NOTE: CUT E%ISTINC 24" \ *.I RLYDSEo l,^ / !/ \ I u M WATER LWE AND INSTALL ` I / I I (z) za• GATE vALNEs AND ( � �� I �..� / BUILDING CSDI (1) 12• GATE VALVES AND �_- �! � w.n/ / A /y A 24•%24'X12. TEE S +P ' �AULN / / / Morob� LOT 4 \V t MxC@.w W 7421,00 iiLhh} u li / b1BE1 RSTA OLL41.53 N 71J&x L V20' �� FAlIOI / Pg BUILDING D I E� ( IN IN 140.10 ¢¢ fir( L LOT SYNiIx [ I.. NV DMT 7411:00 EXIS EASEMUAi n \ / I / rRSTAIN u11 ��?f\ _ CII^�1 LOT 3 \\ I owo / sTAnax - I < `� n ' Til /I �_PRQ"ERIY IJNE��\` �ps \, \ DRo snAOi A'--`_`°^�P„.A.,1 'S.S,auA r.— _ Cr / -- - .�...-` \ / / \ \"t---------- -->-- - -- - 'm \ /GIGO avEnnCW4c _ \ \ _ — �.. - i ".w SOMALIA, Aw. W4# NOTE: THE LOWER SEWER ALIGNMENT � ` ` — 9 LOT 2 I \ \ x .. ALONG BIKE PATH INCLUDING THE LIFT STATION AND FORCE MAIN, WILL NOT BE y OWNED AND MAINTAINED BY EAGLE RIDER WATER AND SANITATION DISTRICT I i\ ,� ,� � v -•tea o IF 0 0 I 1 I 1 "., Nx .... _ \ rosnNG NINE _-______� 1 1 ` 1 - o -5)r. �\ y w W G I SHEET wlw..qPwl..q..nzalaawolnxauoset.,.ay.,rnwolx�zaz3 PM. meme, LEGEND K Willi�llill�����������N���Z $n PfNYLEFTEV �� J eouN°nnY C ��•'\\-L_________________� THE 9EA80NS BBUILDING-- EAZ STMG FENCE uc (7 \ \ \ f —-------- msTlHo EDGE or nomPnv Q-' - III III � TGO rEAR rtcaoPleM Iii W allll __ ` �������• ENDING CULVERT W ui J \ ECSIINC flfdllYIXfNli < - --- A EXLSMNo z v A A EpSRIC WATER MANHOLEJW 0 CURB f GUTTER WRLNN ----J , "'M EIf PHCNf oGAS `---- ---'— \ HORIZONTAL SCALE: 1"=30' - EMSTNc ry FIRE <MMG WATER STATION \\ \\ �� / \ \\ — �+ EM ENG OK HEAD EUXMC ..% / / \\OJE W SEWN L' EwstxG WATER PROPOSED ANT TREWl P 01ED TRANSFMNER LMT -136 \ • P OSED em v / CpMUNICATON VAULT r_ r F \ °P.... 061f:. PrlCUmm aw SExER L________sr J f t 'J �' � ) \��✓/ ELECmC SERV¢ _ 1�- � '• --- A `G-777 FM—Mws MMEO mw R Z —_--___-_-- TME HYDRANT ASSEMBLY _ � w p1MWIYwAsC WvAW ____ // .• \ 1 I >� <o z baa - �_ r MIMA ooEnuT UNION PACIFIC PRy _- (D - r PNC PTIDIE arEUITs . _ I COWMCAIION VAULT- --- -_ .. (1)) . T-1iallO'1! MIE1EPHplE- I II W r ff ARV EZEDDBC _ EUEcMGfroo lAMOBCAPE EE/,IUIrEA PRTP05FD EIEG MC- -... ze..--.. vW..,`__wf ;.-. w__ y�, aaB wro uDNTxa TnAxs'cIBILTr(MJ .. _Rm . NUNICnnON SEEDEMSCO VAULTDAR-Y(NCK) fFYRro u,ET L _ _ __ _ _ _ PRreosm EIEmBc -mf i vwLr I - / PI -11-11 PROPOSED GAS "',: ro r w - RIYERFRON T DIM% JJJI_ LL -- J -J- µ . J LOT 7 r —./'.`: In,,, t--'s:--m _ a _- w .� __ , RibERFftONT DRIVE w— _ iTi M�""^"., JJJ Ii J JL IY L1 _ BUILDING A II is / . _ _ - JJJ Ii �\ I��. __"��'N` JJJ w�0 l _ I.. UPws--�-� IC� PnOPoeEo aeB dN t GAS/ WLS feRNLE V l —_ \eRaroao GAs vROPosn cA / w "`�•, JJJJ J I I� y i A � s \ ��� ham' � ��Pn �... LOT 8 \ scmtcE LINE h ••�. 1' t BUILDING B -, _ m_ Pmn: PxaPosso �I. HANSHdE FROM HANDHOLE FlHAI \ ' A _ h p< — YHICEMd11TpCAnaH VAULT CWb11NICnnIX! VAULT `\ m`Po mic ` . r BUILDING C \_ \ I�,�_- .,--•- ADM i Dnun J AND PHONE i0 � � Y" DRANIAE / �� I .- JUTSTATCN I / -OSED GAS/ STAMM�. 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PROPOSED CURB Y GUTTER Ali PROP \ "GI ED Nos�AsP TV - -- «s ' __J_______ _ _ _ EASTNI ASG WATER r EASGOYER HEM EECIRC EA SEWER USING WATER PJi PRII JMNr TRENCH PRGPDYD MARIG ER UNI -us PROPOSED AM' 11 I I. 1 1 ..url�\ 11 ❑. I 1 _. -RAPPED, - i l awuwD STO v \ \ Y A VAURIA LT (2) -. 1' PRIMARY ELECIFIC CCNWIIS _ _ -._ y _. SECONDARY_ - --_ F PRIOPOSED ELECTRIC SGNCE (2) - r P A IIIPHONCQ ICL }} l PG PROPOSED GAS (1) Y PLONLVN Fmt n1FPrOHE EI(C�jg To INA nax -_ j -_ \ - PROPOSED WATER (2) V "MA 00I iii q mX I �• ❑ 1 (2) 2' SECONDARY FIECIMC -. - EIR YNAT -_. _ .-_ -.. r\ — LI PROPOSED WONTING WNWIT _- I O 1 1 OUGSIm° _ t \ t'I Fs'M PRCPo4D FIRE HYDRANT ASSAIBLY `� CDWUNN:ATION VAULT Nome AEATICN YYSIOIs YAWLYW \\ Sm \ 0 11` ,n — ria qn : Yiw, I r w - - ._. INST YY1 E CO R[ACIDIt nmw> _ _ 'qui a/ TAP AND SHALL wOF ME �v'�`ixeBAna aN,YKmL \ AuliFOR PROPOSED A Vi �- -- -� ----� _ _�_—_ _ - - R60C - _ LOCATED FIBER --- ----- ---------------- � TIC AND P - _ \\' HONE `' •� JJJ J SNIRIPiMCK10 PMROPDYD n' _. _. - -..- -- ---- _ — - - \ \ P R E L ❑ 'ATE E X I S T I N A JJJ I sTREEr AIGON Lacen°xs --- -, =_.PTI a'<—u.�-ua �u.� _ __ ____� \ �TI� n - *. — ,=n - FIFE ❑ _ AND RI4ERFRONT DRIVE � "" � ... \/ \\ \ \ N�` QJ IrPHONE MM Q �\ ,— _ PROPOSED -HON W t •.�� ru Pn. _ r per`. i f — �'---__- . —_ �\ ti l \ .+! \ I VA rz M.PI rG _ .h. \ N• yf -a _ . •� CONNECTION h — - - - �Q� v v ,� \ ,• v 1 PROPOSED Co (ro 0 - v- �- ELECTRIC CACTI as � I \� � ° ` \ �► CONNECTION F. � Q PRCPfh2n MS A iRNiSFORMER (TYP.) 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REMOVE PATH uaxi LocenGNs \ - .. • . , +T � \ \Rc / AND IMPOSE OF i sl ' O / a r I LL HORIZONTAL SCALE: 1"=30' �'I 6 NOTE PLANS INCLUDING UTILIII ARE BASED , 'I'„ N Q W m H UPON PRELIMINARY INFORMATION AT7@ ARE SHOWN SCHEMATICALLY AND -A : LE NOT FOR -PAICINOION. . OR CONSTRUCTSHEET ---------- 7 u9 — - -' UNION PACIFIC RAILROAD Z36 Aaa L S 00 NOT tl1ADE Nro ° BEE IIEE'F a FM...._ PROPOYO AIeiK —' >. nndAwLY.PxmEFn oIw1A,GE PLW m E I1PLR1 __. ++-',3x:_........_— �._. " i81A4 AL A a.'. . " PRCPERtt WINE 11 !`$C F.• -Ids ti W CONOTFIE� .+ RIVERFRONT DRIVEi+\ - - - . { n � NOTE. PLANS INCLUDINC1 UTILITIES ARE BASED UPON PRELIMINARY INFORMATION AND ARE SHOWN SCHEMATICALLY AND ARE NOT FOR PRICINGI OR N. NON P T ELEV - ]AH.89 PM STA -A1IWL" HIGH POINT STA - 0+12.53 P& ELEV e-I1GBJN PW STA - W4.YB A0. - -1.5G4,,.. 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PFO D CURB k GUTTER PRWDYD BUILDN05 PflWOSED EASEMENT xq;q .. _.._..- 75SM M SETBACK -- OAS1x011pIGND--- � n LOT 3 0 I _ tPROPE1111' LYIE v 7-7 =1 \ POP a 3 ____________ ___ —��� Mao'"✓ 100-M 4I PA Itl (TIPICIL) �'• PAM LOT, 2. , PM STA -A1IWL" PSG,ESl LINE P& ELEV e-I1GBJN ,,' ✓+ A0. - -1.5G4,,.. _ N-1IM ry n s -- -- --- -- F�+F now NC � � - - _ - - JJJy 100 AZW 1000PLNN -- - EASING CONTOUR (10') EASING WHTOUR (z') —JAW--- PROPOSED CONTOUR (10 —I PRWOSED CONTOUR (Y) EASING MhANDS EASING 1HEE5 -__ PM STA -A1IWL" PSG,ESl LINE P& ELEV e-I1GBJN DCUNDARY LINE A0. - -1.5G4,,.. _ N-1IM ry n s -- -- --- -- F�+F now NC � � - - _ - - au wn we s m s sa �a PRDPOSD FiMA1 QIAOE '.,. _ 'nj I+O) s+OO EASING GiWND PROPOSED FINISH GRADE EIEVAICN (Mc,,L) (TY m) CENTER LINE PROFILE PATH A+W I LEGEND PSG,ESl LINE ---- DCUNDARY LINE _ _ - EASING EENGE LINE s EASING TREE LINE -- — j - - _ - - au wn we s m s 100 AZW 1000PLNN -- - I+O) s+OO EASING GiWND PROPOSED FINISH GRADE EIEVAICN (Mc,,L) (TY m) CENTER LINE PROFILE PATH A+W I LEGEND PSG,ESl LINE ---- DCUNDARY LINE _ CENTEMINE - EASING EENGE LINE EASING TREE LINE -- — EASING MML/IOAD - - _ EVSTING EDGE G' RGAGWAY au wn we s m s 100 AZW 1000PLNN -- - EASING CONTOUR (10') EASING WHTOUR (z') —JAW--- PROPOSED CONTOUR (10 —I PRWOSED CONTOUR (Y) EASING MhANDS EASING 1HEE5 EASING FIRE HMRANT -- EASING GAS WE EASING LIGHT POLE EASING S WNNCLE EASING WATER MANHW — EASING RISEF EASING CUL RT PFO D CURB k GUTTER PRWDYD BUILDN05 PflWOSED EASEMENT PROPoYD ROAD .. _.._..- 75SM M SETBACK HSex +36 Z A LOT 2 HORIZONTAL SCALE: 1" = 30' VERTICAL SCALE: 1" = 10' SHEET 6 I ,! ! LOT 4' A fflopos ` I JJ / 7 I! WOE PAT i7 1 / /fir'.*/ (\\l TCI I Ir r1'snWAM enow C I/ / t Il ` � JIM \ > 3 LOT 1 LOT 3 RE" l Q / n MA C-04 tirtrcrnn� (��1� �� � I /f� //ISI �� .\ ♦��vvv �v 1 � � I� !®, 6 PI TI�ICT,Bw t F 111 7(j' / _ t I / s. r' I1� s I II I LEGEND s I PROPERTY UNE /R.O.w r GOUND,wY u E xSTVIG FENCE LINE I U E%ISMTiEE LME ) ISTNC THE SEASONS BUILDING EnsNGmxkOM 1 \I - - --- EASMG ENE OP ROADWAY IN SEM RWCPWN 1 / ERISM C TWR (10) EXISTNG CWTWR (Y) / —11W-- - PROPOSED C I,WR (10') \ \ /—Tw2--- PRCPGSED MAIWa (2') M BE 0 PANNE! A �/ J I ,RM APPRO_Y4_ a \\ / L_ EIGSTNO E SMSIV� WETANDS \ / TREES " • \ / EXIS11W FREE N1DR.WT E%Is11Nc OVER ARE EASTMG TIGHT PME I INI1N PAC IC RAILROAD / EASTNG s MANNWE / EASNIG WATA MAWME s / E%ISTNG RIVER I / EXISTNG WLF T PRCMSED CLIMB 6 W11ER 9 /J y - y/ PRGPOSED BIMLMNGS -- PROD EASEMENT 75' STREAM YT3ACN /U J � AA1RY L \— a 9IXLAfl05 _ b� -. -• LL; ,law LLL ROAD A i - - --1'`'`., o LL L IA 1 � ✓ 'p § CENTER LINE PROFILE ROAD A NOTE: PLANS INCLUDIN43 UTILITIES ARE BASED UPON PRELIMINARY INFORMATION AND ARE SHOWN SCHEMATICALLY AND ARE NOT FOR PFIICIN43 OR CONSTRUCTION. BY OT MS F _ NMRI PONT ELEV . 11.16.£5 LOW PDMT El _ 7Q9 .75 NIM POINT STA - 0309.?1 LOW PDMT STA - 1+01.'5 PN STA - 0 W..0 PM STA - 2+MA5 PN EI EV - 1136.15 . 16.15 PM ELEV A1 A.D. - -].WO A.D.. 0.55! 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PLANS INCLUDING UTILITIES ARE BASED UPON PRELIMINARY INFORMATION AND ARE SHOWN SCHEMATICALLY AND ARE NOT FOR PRICING OR CONSTRUCTION. MOI POM EDF/ - 744631 LOW PONT ELEV - 7420.22 -. RUN PWi STA_--191H4F -- __ LOW PUNT EIEV MI PUNT ELEV w 742769 -_ - IOW PONT STA . 13!0051 PM WA .'Y ,MLM LOW PUNT STA - 19+05.95 NOR PONT STA - 15+3105 PM STA - 14+7061 PM MUN . 14%A IN WA - 16421.95 PM STA - 16+3103 PN EIEV IN EIE- 7425M AA —_-. -."]p00. _ P%O-742A5J --_ �..... ---1 _... Y--. I42B." -- -. _AD.N .-60 -.. K . IA000 AA - 0000 A.D.- -4000 K - WOOD w N -MD K-3MM INOVw -_ 3UO g 1N00 M. 140 C0' K' cl N Gr C 31 PROPDYD FNR91 OfADE - p S C 19+00 16+0D 17+OD A 1 0 \HeWS- RAMP (MIOK) A I AU.PROPOSU) 10' f MCE PAM I PIC LOT 3 � I 111 I I y 1 x I I 13+00 PM VIA - 12+0361 PN IM - 1415.70 AD,- -2.DDD k . 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ROAD Z ._. _. 7W SWAN S MAd 0 jZO Q - -j A �\------- 0 J J f ' J JJ MM / PAtw W U) � Q J c� � W it (L \ - r I HORIZONTAL SCALE: I" = 30' VERTICAL SCALE: I" = 10' IOW NOW IM - 743 UNI PONT STA - 10+]0.31 PM STA - 10+30.31 PM P - 74x96 JUX - tee0 k -30000 12+M 11+00 m CENTER LINE PROFILE RIVERFRONT DRIVEI SHEET 4 3 � las F a R— 12+M 11+00 m CENTER LINE PROFILE RIVERFRONT DRIVEI SHEET 4 / A RTY 11NE /R.C_W. — 1 \ A I �_ \_ i - —__— BWNDNY UM W' WELLS WELLS EN ER ME �mR .r 4b i 1 " 4. y. `.....rl \ I Ewsmc rErrcc uxE z 7 I I I ,. t FARGO- FARGO \ h a C5 i1 II -r `"l, \, , - " Ensnxc FREE UNE �r 9. ,. '� r. y '� III �� pmn al F x^31 I II lyl q Ewsmvc mA2AWOAill w R 1"'A IAXD -- --- EwsTuw EDGE a ROADWAY J Z Y u. Q x, m IIIIII iW TEAR noWPu+x — a „ 99 .li .:, y.. `` ... u,.'.. - i,_ ! .. mz= - -= nnT Y��J _J M`____-___'Whi_1_____-_, {\ex \ .1�*1 i __- E%IsnNC CCNTWR (ID') z Z a _. . _-. ..:.' 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CQXTMCRN w RENDSE PRCwosED Nu40MC5 T0. mAE7N1O CCNSTIWCT Ei0 mRETNm WNI PROPOSED EASEMENT SII\\\ ___ Daxu1E I _ \ _ _ _ _ _ — JJ�; - r - --------_-- _ �_- J � _ _� _ _ � _ �� - � PRcaoseD ROAo xzsco — _-� �— 15 ST2EMI SEIBACN 0 / PAN RIVERFRONT RI G � � __ � - ' � -` _ -- - -x_•+00 3 - E+ A� x�� coxsmabEWnu°orlaeErE I _---____-.-�-� 4 O --_ COISTRUCf - \, RETWA �MNi c4CAP RAM 3 rDE ICAQ E PAN v ) HANpCN RAMP (iY➢ICAL) � \ I. v. (ttncu> 31 VV _ t .]O Ik .LOT 3 vv v A �� +3e2 1 I .fit I '": II I "'�S �►' N Z 1 A +�0 Z _ III 3< \ I I I I 1 LOT 1 RAW k + -------- -. v ��-- aomc�uiN I— AV - - — xnRwo prs 1 . v IG PPQQ� i6' w¢ \ - \� Ww1E PAM- ..- ASRNNT MIX I \ EA9ENEHi. i �..` .... \ // I , v oI LOT 2 -:- _ 1.. 6� � '�z;' LOT2PRo,[�cr°vw Tei vntlN�. �" NOTE- PLANS INCLUDINQ LMLIIIES ARE BASED UPON PRELIMINARY INFORMATION AND ARE SHOWN SCHEMATICALLY AND ARE NOT FOR PRICING OR CONSTRUCTION. Iql PoNT EIEV . ]A]e.N MW P STA - I"Xn "IMA -1 0+M3) LOW POINT EIf - ]7.W PM EIEV - 7A N - PA STA 7.W A.P -181,11UMNT _x PN STA - 6+07 K - mm PN fIEV - 713282 111.OD'.-M. -. -. -- AD. 38W - _. K-,.,. XLOW 114,W SC 6 n qq $$ xx q - - - - - - - r SEE SHEET C4 to«oD s+x ewo >wo m HORIZONTAL SCALE: 1" = 30' VERTICAL SCALE: 1" = 10' HM POMT MV - 1107.11 NIGH PLANT STA - H5257 PM STA -4+50.0] PM EIN - ]AJI. W A.D. - -3.SW PN e A - 1+1262 K - 30,000 PN ELEV - 113246 Iftw M. .,7660 TAOD'. W -.. O €i AW11 ROA o 0 Ewsnnc onauo N --_ b FIK191 ORAOE z IINN _s „n Y4 kG jj 9.-gF'�''ir ---.1120 rvN N f 3+W 2+W I+W O+W 8 C ENSnW OKPMO PR0P05ED FINISH ORAE EIEVAVC+• (TPICAL) (hpCAL) SHEET 3 CENTER LINE PROFILE RIVERFRONT DRIVE PROPERTY PR LINE /Ti.O.W. WIIIIIIIIIIIIIIIIIIIIIIIIII`_' Z ^ -- BOUNDARY LINE oxy CENTERLINE G4F. - \ EXISTING FENCE LINE /� Z zz4KF2 ' EXISTING TREE LINE III III rR ' =71-- EXISTING TRAIL/ROAD IIII w e _ EXISTING EDGE OF ROADWAY II �Z - - - - - - - 100 YEAR FLOODPLAIN IIIIIIII NIIc a•i i - - - - - - - EXISTING CULVERT HORIZONTAL SCALE: 1'-60EXISTING CONTOUR (10') ' °"y - EXISTING CONTOUR (2') - —T 400-- PROPOSED CONTOUR (10') ' - PROPOSED CONTOUR (2•) EXISTING WFRANDS -- �"-' EXISTING TREES EXISTING FIRE HYDRANT EXISTING OVER WIRE EXISTING LIGHT POLE 7,:., . •, f q _I EXISTING SEWER MANHOLE ._n',p EXISTING WATER MANHOLE V -- - -. - - --_-"-1 -- l ` - EXISTING RIVER 'THE SEASONS BUILDING DG. " EXISTING CU BT _____-- SLIFER BL I 1 PROPOSED tuUnRe s GUTTER PROPOSED BUILDINGS V \ - - - - - - - PROPOSED EASEMENT `LIBRARY " s 0 — � , \� PROPOSED ROAD �\ V �� L \\V A .-., -..- 75 SIREAM SETBACK I I FIRE S vim- i I AVON STATION TOWN HALL __ -- --- ^^LL I WELLS WELLS m W Z rs��I BENCHMARK ROAD fARGO FARGO 4 7 UNION PACIFIC RAILROAD J. T I / ws X cuLWRT v+ laRaPOEop I UNION PACIFIC RAILROAD RIVERFRONT DRIVE.-. DONOTT-p Wro - -.- -I. >. raMea:xr PROPERtt TD•sETBADN .. AancEH} PRaPERtt - 6 � - RIVERFRONT DRIVE Dp rar OIIADE xYro K UY tt / PRCPOSEo REtlSAnm A - I ) -. FNC TY UNE _ _ _ _ _ _ .RETAINING W.LLL .PARI EAS ENi EA ENT _ — _ _ _ 'µ`« _- R —y.— - ___ l \ S - LOT ,. X •, ---- PROI D I I� Pff ROJECT WN ,d RNC PATH E/3MEN � V �� I �•�r/ \ � � \ �V i � . \' � p DIRT STAGING AREA J \ A\, FOR THE HOTEL DIRT STAGING AREA tl;:T'.. '.n+1•r;�, A.A \ unuTr ARD T �� LOT 3 , - T i — " FOR THE HOTEL 1 ' v 1 '� A �� - '-I _NEnArltls MAINA- LO FJ AV A - � (PRGpp npwP CONTRACTOR � - CONTRACTOR \(p EAYNENi SEWER / A A ���"'�"`L`�. cA MFNi l A y A'°'I - ' LO '' LOT 4 II \ TV SMEAM SETBAq WOE ASW T \1 OUTYt OFWN ��• �� �J_ �'•� �' A .� �\ \i AwcGEAION. PAY, A>b \\ ^{ _ i - _....-�.,__-'� \ __�' , �...., - ---•_R'l-..� L --' v�\ _LOT 2 ORaNA�k as 1 '— \ LOT 2 �\ s " °` 1 ),.. v ,rte D q AL r \ 4 l Y 1 MEAN ANiN1Al \ _• _ HK X�Nbs )p MATER ! NEMER: \ wN •r-. Y E,_ w - \ - ssMENT '� Qmcu>-{� '.,- -�1L_-.._-1� 6 AET� 2S ACCESS um"EAEEMENT t - l I READ ETXF/Al ENSnXC HURJ LANE WALL ,BACN / }p BE LONEPED ipWARDS U.S. HWY 6 NOTE= PLANS INCLUDINQ UTILITIES ARE BASED UPON PRELIMINARY INFORMATION AND ARE SHOWN SCHEMATICALLY AND ARE NOT FOR PRICING OR CONSTFIUCTION. SHEET 2 NEAR NINUAL J. la - U.S. HWY 6 TS' SWEAMpSgEIIBACX LO AWEUM EAH NNU L HMD Noeoio MB3 " ' 1._......_. ,. ELOJD HIW WATER MAW Cf DEMO CgISnNCPCN BEYOND IS BY O1KR5 - \ f 4p \ J NOTE= PLANS INCLUDINQ UTILITIES ARE BASED UPON PRELIMINARY INFORMATION AND ARE SHOWN SCHEMATICALLY AND ARE NOT FOR PRICING OR CONSTFIUCTION. SHEET 2