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PZC Packet 071806Town of Avon Planning & Zoning Commission ��Meeting Agenda for July 18, 2006 klllqqp�/ VOMeeting Held At: Avon Town Council Chambers �o � o a A D 0 Meetings are open to the public Avon Municipal Building / 400 Benchmark Road - REGULAR MEETING AGENDA - (ALL TIMES ARE ESTIMATED) I. Call to Order (5:30 pm) II. Roll Call III. Additions and Amendments to the Agenda IV. Conflicts of Interest V. Consent Agenda • Approval of the June 20, 2006 Meeting Minutes • Stonebridge Improvements: proposed stone for columns VI. Special Review Use Application (5:35 pm — 6:00 pm) - CONTINUED PUBLIC HEARING Property Location: Lot 4, Block 1, Benchmark at Beaver Creek Subdivision/147 Nottingham Rd Applicant: Dennis Pappas /Owner: Randy Massey Description: The applicant is seeking a Special Review Use (SRU) application for an automotive repair land -use on Nottingham Road. The property is located within the Neighborhood Commercial (NC) zone district, and accordingly 'automobile service and repair' is allowed only with a SRU permit approved by the Planning and Zoning Commission. VII. Special Review Use Application (6:00 pm — 6:30 pm) — PUBLIC HEARING Property Location: Lot 5, Filing Block 1, Village at Avon Applicant/ Owner. Stone Creek Elementary Schooll Town of Avon Description: The applicant is seeking a Special Review Use (SRU) permit for a temporary school site. The property is located within the Village at Avon PUD, and accordingly a school site is an allowable use only by approval of a Special Review Use permit approved by the Planning and Zoning Commission. Vlll. Sign Design (6:30 pm - 6:45 pm) Property Location: Lot 25, Block 1, BMBC Subdivision / 820 Nottingham Road Applicant., Corporate Identity Solutions / Owner. U -Store -IT Description: Sign Design application to replace the existing "Self Storage" pan channel sign with a new pan channel °U -Store -It° sign on Nottingham Road. Town Code requires that all signs not part of an approved Master Sign Program be approved by the Planning and Zoning Commission. IX. Final Design Plan - Residential (6:45 pm - 7:05 pm) Property Location: Lot 24, Block 4, Wildridge Subdivision / Coyote Ridge Applicant: Andrew Abraham/ Owner. Mike Farr Description: Andrew Abraham is proposing a single-family home on this Coyote Ridge property in Block 4 of the Wildridge PUD. The home is large with approximately 9,000 square feet of livable Posted on July 14, 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.org / Please call (970) 748.4030 for directions space with 7 indoor garage parking spaces. A Sketch Design plan was reviewed by the Planning and Zoning Commission at their May 16, 2006 meeting. X. Minor Project - Residential Modifications (7:05 pm - 7:20 pm) Property Location: Lot 43, Block 1, Benchmark at Beaver Creek / 520 Nottingham Road Applicant. Ronald Tribelhorn /Owner. • Ronald Tribelhorn Description: The applicant is requesting an extension to the design approval that was granted in August of 2004 for exterior improvements. The project is incomplete and the applicant has provided a summary of progress and is requesting a 15 -month extension for design approval. XI. Sketch Design Plan - Residential (7:20 pm - 7:45 pm) Lot 6, Western Sage Subdivision, Block 4, Wildridge / 5775 Wildridge Road East Applicant. /Owner: Bob Sutter /Buz Reynolds Description: The applicant is proposing a single-family home on lot 6 of the Western Sage PUD. The sketch review also includes the review of a shared access proposal with the adjacent lot 7. XII. Other Business (7:45 pm - 8:00 pm) A. Update of Various Projects B. Town Center East Charrette XIII. Adjourn (8:00 pm) Posted on July 14, 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.oro / Please call (970) 748.4030 for directions 4 Town of Avon Planning & Zoning Commission � i/rr AV O N Meeting Minutes CD LD R ADO June 20, 2006 I. Call to Order The meeting was called to order at 5:45 pm. II. Roll Call All Commissioners were present. III. Additions and Amendments to the Agenda A. DOLA Planning & Zoning Commissioner 101 Meeting (12:00 pm -1:30 pm) Training course intended for new Planning and Zoning Commissioners with Andy Hill from the Department of Local Affairs (DOLA). This will take place in the Council Chambers. Open to the Public. Commissioners Struve, Goulding Foster, Lane, Green, and Evans were present. B. Site Tour - 95 Avon Road (5:00 pm) Description: Meeting at the Confluence Site to Review the mockup for the Westin Hotel and Riverfront Lodge. Open to the Public. IV. Conflicts of Interest Commissioner Evans and Commissioner Lane revealed a conflict of interest with Items XI, Sketch Design - Commercial Property Location: Confluence / 95 Avon Road and XII, Final Design — Commercial, Property Location: Confluence /.95 Avon Road. V. Consent Agenda A. Approval of the June 6, 2006 Meeting Minutes Commissioner Struve moved to approve the Consent Agenda and Commissioner Smith seconded the motion. All commissioners were in favor and the motion carried unanimously. VI. Stonebridge Streetscape Improvements - CONTINUED Property Location: Stonebridge Drive & Eaglebend Bridge, Eaglebend Subdivision Applicant. Town of Avon Description: Overview of the proposed streetscape improvement project on Eaglebend Drive and Stonebridge Road for construction this summer. This project consists of installing curb and gutter, bus pullouts, streetscape lighting, and a separated pedestrian/bicycle path on the south side of Eaglebend Drive. Also included is the replacement of the rails on the Stonebridge Road bridge. Jeff Schneider, Assistant Town of Avon Engineer, approached the podium to present this project. Mr. Schneider began by giving historical data to the railing issue under discussion and the concerns of Town Council. He began with a picture presentation of the project in 'before and after format with the two concepts that had been created. Scott Nunnery of Eric Smith and Associates was introduced by Mr. Schneider to present the concepts for the bridge. Lighting and an additional bus stop were discussed as well as the stone, railing and colors. Cost estimates of the two concepts were presented. Commissioner Evans inquired to the number of lights with the response that the monuments and the lighting totaled eight. Commissioner Green questioned the fixtures and how the light shone. The response was that the light would reflect down. Commissioner Goulding began commissioner review with the glass to be used, lighting was for aesthetic value, questioned the guard rail for the bridge itself and that the green rail was an auto rated rail, use of river rock with its roundness as not as easily buildable, and commented his preference of Concept Two. Commissioner Struve questioned if Town Council asked for the river rock and received an affirmative response, lighting was to be white per Town Council suggestion, and he approved of either concept. Commissioner Foster leaned toward Concept One, as did Commissioner Smith with her comment of not seeing the light bulb in the fixture. Commissioner Lane preferred Concept Two and expressed that the fixture should be enlarged. Commissioner Green preferred Option Two, commented that a non -river rock stone might work better, suggested a cap to create a transition from the rock to the band on the monument, questioned painting the concrete versus staining and the maintenance issue created. Commissioner Evans questioned Concept Two that has a lantern that looks too small, with Concept One he questioned the stone and how it would best be presented when build from grade up, agreed that river rock was out of date as an architectural finish and perhaps sandstone squares could be a better product, confirmed that the light fixture was copper and suggested the light bulb would be best as a bounced light to the ground. Commissioner Green commented on the mass on Concept Two as more appropriate and suggested a hybrid of the two concepts. Commissioner Foster was concerned with the height of the monument as pedestrians walked under it. Commissioner Evans suggested taking the height of the columns in Concept One with the overall mass in Concept Two and reduces the height. Commissioner Smith commented that this suggestion might help. Commissioner Struve motioned for approval of the bridge design of Item VII, Stonebridge Streetscape Improvements, Property Location: Stonebridge Drive & Eaglebend Bridge, Eaglebend Subdivision, with the conditions that Concept One have the rock go to the ground and to the light, no sandstone collar on the top, banner be organic, if possible the rock be something other than river rock, cement not be painted and staining be investigated, intermediate massing between Concept One and Concept Two, recommend the light fixture reflects up instead of reflects out, and an option not to change the stone. Motion died with no second approval. Commissioner Green motioned for a massing of the inner most monument adjacent to the river that is in-between options One and Two, the stone on goes all the way to grade on all bile lasters, there will not be river rock and the rock comes back to Planning and Zoning Commission for final review and approval, the light fixture has a reflective, indirect light character to it with translucent glass, cement stain or natural and not painted, the 'T' goes away, sandstone collar needs to transitioned. Commissioner Lane seconded and the motion passed 6 —1 with Commissioner Struve objecting. VII. Minor Project - ERWSD Building - CONTINUED Property Location: Tract N, Block 3, Benchmark at Beaver Creek Subdivision Applicant/Owner: Ronald Siebert, Eagle River Water and Sanitation District Description: Design review for a new building at the Eagle River Water and Sanitation building fronting the Eagle River between the bike path and the railroad tracks. The building is required for UV water treatment and would have a 28' x 44' footprint and is located on the south side of the main treatment facility. The building would have cedar sided walls and a metal roof. Matt Pielsticker presented the Staff Report. Mr. Ronald Siebert, project manager for the Water Department, approached the podium to address commissioner queries. Commissioner Struve questioned the slats in the fence. Mr. Siebert expressed that the slat would eliminate the need for landscaping by hiding the site. Commissioner Goulding suggested more native landscaping and revealed that the fencing did not conform to Design Guidelines. Commissioner Smith requested to see a landscape plan. Commissioner Green suggested moving the current fence behind the existing landscaping. Mr. Seibert commented that the screening and moving of fences would be cause for him to pull the application from consideration. Commissioner Struve voiced no problem with fencing but with the landscaping needed to be addressed. Commissioner Smith motioned to approve Item VIII., Minor Project - ERWSD Building, Property Location: Tract N, Block 3, Benchmark at Beaver Creek Subdivision fpr the building with Staff conditions as presented in the staff report and required a landscape plan be provided and approved prior to occupancy TCO or CO. Commissioner Goulding seconded the motion. All commissioners were in favor and the motion passed unanimously. VIII. Minor Project - Commercial Design Modifications Property Location: Lot 1, Block 1, Benchmark at Beaver Creek Subdivision / 63 Nottingham Rd Applicant. Rich Keeren, Deer Creek Corp. /Owner.Suncor Energy Description: Design review for a new lighting plan, canopy fascia, and building stucco color change for the Phillips 66 gas station on Nottingham Road. This application was received in February and the application has updated the application with revised plans since that time. A sign application is being reviewed in conjunction with this Minor Design application. Matt Pielsticker presented the Staff Report. Commissioner Struve questioned if signage would be on canopy and the response was negative. Rich Keeren, Deer Creek Corp, approached the podium to answer commissioner concerns. Mr. Keeren voiced that he could reduce the light fixtures to 12 to reduce the lumens of the site. Mr. Keeren continued with the history of the site and that the merger of Conoco and Phillips 3 years ago brought the need for change of the colors, lighting, fascia and stucco to comply with corporate policy. Commissioner Foster motioned for approval of the canopy lighting plan and building fascia change for Item VIII, Minor Project - Commercial Design Modifications, Property Location: Lot 1, Block 1, Benchmark at Beaver Creek Subdivision / 63 Nottingham Rd„ with the following conditions that must be resolved prior to submittal of a building application: there will not no more than 12 ECTA Flat Lens fixtures at no more than 175 watts, the red strip on the building fascia will be removed from the building with this fascia color change, and landscape plan will be submitted for commissioner review within 60 days in order to provide landscaping on the west side of the property as well as a revised lighting plan. Commissioner Green seconded. Motion passed 6-1 with Commissioner Goulding opposing approval. IX. Sign Designs A. Phillips 66 Gas Station Property Location: Lot 1, Block 1, Benchmark at Beaver Creek Subdivision/ 63 Nottingham Rd Applicant. Marti Powell, Aspen Sign Co /Owner. • Suncor Energy Description: Sign Design application for a new monument sign at the Phillips 66 gas station. This application is to replace the existing pole mounted sign. The existing building mounted sign would remain in place. Matt Pielsticker presented the Staff Report to the Commission. Rich Keeren, Deer Creek Corp, approached the podium to present this application and began with discussing the two options of either a dual -pole mounted design similar to the current sign or a monument sign on a brick base both with visible pricing. Mr. Keeren mentioned that should either design being presented not meet with commissioner approval, he would withdraw this application and keep the current sign. Commissioner review consisted of discussing the options, colors, pricing display, and materials. Commissioner Green motioned for approval of Item IX, Sign Designs, A. Phillips 66 Gas Station, Properly Location: Lot 1, Block 1, Benchmark at Beaver Creek Subdivision/ 63 Nottingham Rd, for the monument sign with a stucco base and with gas pricing required on the sign. Commissioner Goulding seconded and all commissioners were in favor. B. Trees of Colorado Property Locatign: Lot 3, McGrady Acres Subdivision/ 0095 Post Boulevard Applicant: Paul Doughty /Owner. Traer Creek, LLC Description: Sign Design application for a new freestanding sign at the Trees of Colorado location on post Boulevard. This business location was approved with a Special Review Use application and is limited to the 2006 calendar year. The sign is unlit and constructed of painted plywood. Matt Pielsticker presented staff's report. Commissioner review discussed the orientation of the sign to traffic and to the property, Commissioner Struve motioned for approval of the sign design Item IX, Sign Designs, B. Trees of Colorado, Property Location: Lot 3, McGrady Acres Subdivision/ 0095 Post Boulevard, with the following conditions: 1. If the SRU is not renewed or extended, the sign is removed at the end of 2006, 2. Landscaping will be installed at the time of sign placement, and 3. The sign not be lighted. Commissioner Smith seconded the motion and it passed unanimously with all commissioners in favor. X. Sketch Design Plans- Residential A. RAL Spec Duplex Property Location: Lot 34, Block 2, Wildridge Subdivision / 2661 Beartrap Rd. Applicant., Bobby Ladd, RAL Architects / Owner. Robert B. Thomas Description: Design review for a duplex on Beartrap Road. The building is comprised of stucco with wood and stone veneer siding. Asphalt and metal roofs are proposed with varying roof pitches. Matt Pielsticker presented staff's report. Bobby Ladd, project architect, presented the project from the podium. Commissioner Evans expressed concern with an'11-foot retaining wall and. that looping the garage doors creates excessive disturbance, and suggested a model be presented to the commission. Commissioner Foster agreed with Commissioner Evans' comments on -the wall, it's being in the setback line, and the front entrances look mirrored suggesting changes should be made. Commissioner Struve agreed with previous statements, agreed the doors should be varied, and the driveway design needs to be revisited. Commissioner Goulding revealed a clipped gable. Commissioner Smith commented that the house next door has similar garages, concerned with the setbacks, lot was too small for rear garages, and building height was an issue as well as the height of the retaining wall. Commissioner Green agreed with Commissioner Lane that the building was too big for the site, light reflectivity of the home was a concern, and elevations needed massaging. B. Hubbard Single Family Property Location: Lot 3, Dry Creek PUD, A Resubdivision of Lot 44, Block 2, Wildridge Subdivision / 2510C Old Trail Road Applicant: Michael Sanner, Architect / Owner: Trent Hubbard Description: Sketch Design review for the third (upper most) single-family home in the newly created Dry Creek PUD. The building is comprised of stucco, wood and stone veneer siding, asphalt and cor- ten metal roofing. A building permit has been issued for Lot 1 of Dry Creek, and Final Design approval was recently granted to Lot 2 of this subdivision. Matt Pielsticker presented the report by staff. Michael Sanner, architect, took to the podium for commissioner questions. Commissioner Struve commented on the interesting design, Commissioner Smith had issue with the height of the chimney. Commissioner Lane questioned deck design. Commissioner Green queried Z f the vehicle turnaround and the size of the hammerhead, size of the chimney was an issue, and some minor design issues were apparent. Commissioner Goulding agreed with his fellow commissioners and mentioned the dormers. Commissioner Evans voiced that the chimney needed architectural integrity as the massing does not look right, snow storage needed to be demonstrated at Final Design, and revealed concern for a lock -off. XI. Sketch Design - Commercial - CONTINUED Property Location: Confluence / 95 Avon Road Applicant: Zehren & Associates / Owner: East West Partners Description: The applicant is proposing a Sketch Design application for the Riverfront Lodge. The proposed building is comprised of approximately 75 whole ownership units and has a maximum building height of approximately 95'. This item was first reviewed by the Commission at their May 16, 2006 meeting. Eric Heidemann presented the staff report to the Commission on the Riverfront Lodge Jim Telling approached the podium to address the project and its changes. Dave Kaslak, Zehren and Associates, discussed the site, its elevations, draws and landscape options, new entry design and demonstrated the design changes from the original lodge design to the current presentation. Commissioner Goulding queried Mr. Telling about the tree issue and it was recommended that the trees be kept. Commissioner Goulding supported Option One to save the trees, recommended widening the gables, balance of the cantilever with the stone, and perhaps a railing by the large windows. Commissioner Struve voiced to save the trees providing the barrier doesn't block public access, questioned material of the roof and ski storage availability. Commissioner Foster requested to view specific presentation from the bike path to understand the trees and walls to the lodge. Commissioner Green commented on the long and high view of the roof, appreciated the central gable and voiced concern of the continuous long high ridgeline. Commissioner Smith preferred to see the trees stay if it will work. Mr. Telling agreed to revisit the roof design as long as it did not impact the number of units as units drive the hotel. Commission and staff agreed that the applicant could return as Final Design. XII. Final Design - Commercial Property Location: Confluence / 95 Avon Road Applicant. East West Partners / Owner: East West Partners Description: The applicant, East West Partners Inc., is proposing a Sketch Design application for the Westin Riverfront Resort and Spa. The proposed hotel building includes a hotel programmed as a condo -tel, a spa facility, meeting space, restaurant, retail, and professional offices. Several reviews of this application have taken place, with the most recent sketch review being at the Planning and Zoning Commission meeting on May 16, 2006. Eric Heidemann presented the report by staff to the Commission and handed out a revised Addendum to the Staff Recommendations as presented in the staff's report. Andy Gunion, East West Resorts, presented a visual mock up on the screen for commissioner review. Andy White, Oz Architecture, discussed changes as discussed at Sketch Design. Commissioner Gould asked if the pre -cast panels are painted and the response was they come color treated. Commissioner Goulding questioned the rust color, as it was not presented at the on-site mock-up. Burt Miller responded with how the materials and colors were to be used on the public level to give it greater depth and richness to the retail area. Commissioner Goulding continued with questioning the two pipes from the gondola building and their purpose with the response that they were plumbing vents and gave greater composition to the gondola building to project a cabin -like feel. Discussion continued with the shrouds on the rooftop and its purpose was not for chimneys but for venting. Commissioner Struve questioned the fireplace venting and the response was that some were in recess or side walls to minimize impact and would be painted to match their wall. The maintenance issue of the vents and the soot was discussed. Commissioner Green motioned to approve Item XII, Final Design — Commercial, Property Location: Confluence / 95 Avon Road, with staff recommendations per the Addendum handed out. Commissioner Struve seconded the motion and the motion passed with all commissioners in favor. XII. Other Business A. Update of Various Projects - Nothing to report at this time. XIII. Adjourn Commissioner Green motioned to adjourn. All Commissioners were in favor. The meeting was adjourned at approximately 10 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Chris Evans Chairman Phil Struve Secretary To: Planning and Zoning Commission Thru: Norman Wood, Town Engineer From: Jeffrey Schneider, Engineer H Date: July 12, 2006 RECEIVED JUL 12 2006 Community Development Re: Eaglebend Drive/Stonebridge Road Streetscape Project — Stonebridge Road Bridge Design Stone Columns Summary: This summer, the Town of Avon is preparing to implement a streetscape improvement project on Eaglebend Drive and Stonebridge Road. Part of this project is installing decorative stone pillars and lighting on the Stonebridge Road bridge. At the June 20, 2006 Planning and Zoning Commission meeting, conditional approval was received on the stone column and lighting design. One of the conditions of approval was that the stone finish on the pillars be changed from river rock, and that the revised stone design be presented again to the Commission for approval. Discussion: The final design for the project incorporates the elements of both concepts presented at the June 20, 2006 meeting. The stone pillar shape will be similar to Concept 1, though it will extend down to grade. The 'T-shaped' cross section presented as Concept 2 was removed in favor of a more traditional rectangular cross section. Color elevations are attached as Attachment A. The stone finish, as shown on the included Materials Board, is a stacked sandstone arrangement, consisting of varying shades and shapes in an angular stacked arrangement. It is a thin cut stone veneer, meaning that it is a 3" thick real stone finish. The thin cut veneer allows application similar to manufactured stone. Staff feels that this adequately addresses the stonework concerns and offers an attractive alternative to the original river rock fapade. Attachments: Attachment A — Color Elevations 1AFnginaring�CIVaglebend Slme=pcW Piul;iei5 Dwgs\&2606 Final Amh\P & Z Mena 7.18-06 Meedng.Doc Reccomendation: Conditional approval (provided that comments are incorporated) for the stonework design for the Stonebridge Road Bridge as presented to the Planning and Zoning Commission on July 18, 2006. Town Manager Comments: 1:1Engincering�CIMbIcbcnd Su=m=pc\3.3 Pmgcss Dwg\6-26-06 Final AmWP & Z Mann 7.18-06 Mecting.Doc 2 S 'i F in_ ve rnseOBBiroarvai� U oavao'1oo `Nona Bi3Ri GVOa 3941a83NOlS e _ra c "aiu a .aid S1N3W3AOadVT 394188P3JaI 3NO1S • Anyo 41\Aem COLORADJUI To: Planning and Zoning Commission From: Eric Heidemann, Senior Planner Date July 10, 2006 Re: Lot 4, Block 1, BMBC Subdivision — SRU Update Memo PUBLIC HEARING Summary: The applicant, L & H Auto Body Inc., is requesting a Special Review Use (SRU) Permit to operate a vehicle service and repair facility. The types of service to be preformed on site included "tire changes, oil changes, various filter changes, wiper blade and batteries." In addition to these general maintenance services, the applicant is requesting to perform auto body repair such as replacement or repair of bumpers, fenders and touch-up painting. At the Commission's May 16, 2006 meeting this application was tabled at the request of the applicant to allow sufficient time to respond to the Commission's request for additional material and information. The items requested included: the need to define the building's use; proposed signage; landscaping and site screening; on-site drainage; environmental concerns relative to discharge of fluids; and because the site was a gateway to the Town — improvements to the architectural style and aesthetics of the building was important to the Commission. Please refer to the attached meeting minutes. Discussion: In their letter dated July 5t', 2006, the applicant requests the application be placed on the agenda and also request the Commission take formal action. The letter also attempts to address the Commission's prior concerns. However, the response falls short of addressing the Commission's primary issues relative to the aesthetics of the building and screening of the use. The applicant states that they are reluctant to obtain the services of a licensed architect for the site and building improvements because there may be a need to expand the size of the operations. Nonetheless, staff believes that this application is still in conflict with the SRU review criteria. Specifically, compatibility with existing and planned adjacent residential land uses. The proposed use is a highly intensive land use that is inappropriate for this site primarily because of compatibility issues with the surrounding properties. The existing residential uses several hundred feet to the west and planned residential uses to the north coupled with July 16, 2006 Planning and Zoning Commission mee6ngPage 1 of 2 Loss 4, Block 1. BMBC — SRU Application the proximity to the Buck Creek drainage makes this use inappropriate for the area and subject to adverse impacts (i.e. noise, odor). Understanding that the building is designed for a single purpose - automobile repair, and the site has historically been used for automobile repair, the intensity of the proposed land use is contrary to the intent of the zone district. Furthermore, staffs recommendation is that land uses in this area transition from less intensive uses (residential) to higher intensive uses at the roundabout (service station). As proposed, the transition in land use is abrupt with residential uses adjacent to an industrial type land use. The proposed use would better serve the community in the IC Industrial/Commercial Zone district. Staff Recommendation: Staff recommends that the Commission hold a public hearing. Once the hearing is complete, staff recommends the Commission deny the proposed SRU because the application fails to meet the criteria necessary to recommend approval. Recommended Motion "I move to approve Resolution 06-10 thereby denying the applicants request to operate a vehicle service and repair facility on Lot 4, Block 1, Benchmark at Beaver Creek Subdivision. Exhibits: A— Response letter from applicant dated July 5, 2006 B — Planning Commission Meeting minutes dated May 1 e, 2006 C - Staffs report, dated. May 5, 2006 July 18, 2006 Planning and Zoning Commission meetingPage 2 of 2 Lots 4, Block 1, BMBC — SRU Application i 11 .iul 05 06 03:43p RECEIVED JUL 0 5 2006 Community Development Expert Unibody, Frame eW&Finishing Environmentally Responsible Went Store North Store 4790 Independence 8123 West I-25 Wheatridge, CO 8003 Erie, CO 80516 303424-2565 303-702-9010 Mr. Eric Heidemann Senior Planner Town of Avon 400 Benchmark Road Avon, Colorado 81620 Dear Eric, Mountain Store Toll Free 147 Nottingham 866424-2565 Avon, CO 81620 970-845-6059 Fu 970-845-7278 July 5, 2006 This letter is to officially request that L & H Auto Body, Inc. would like to be placed on the July 18th, 2006 agenda of the Town of Avon Planning & Zoning Commission Meeting. We are requesting that a vote be taken on our request for a Special Review Use for us to operate an automotive body shop at the proposed site of 147 Nottingham Road. Attached is a listing of answers to questions that the commission posed to us at the May 16th, 2006 meeting. While some questions were not answered, they will be addressed at/during the public meeting. We understand that this site represents your gateway into the town and certain restrictions to an SRU may apply. Thank you for your consideration. Sincerely, //ii��en D Chief Operati Officer p.2 J,61 05 06 03:49p Answers to the Planning & Zoning Committees Questions Thank you for the opportunity to address some of the concerns that you expressed during the May 16th, 2006 meeting. I will address those concerns as best I can and if further concerns or questions arise, please feel free to present them to me. L & H Auto Body is a Direct Repair Company for several large insurance companies. Those companies generally send all of their collision work in a twenty-five mile radius to your shop. This alone will bring considerable business to Avon that would otherwise not be here. We estimate that three to four vehicles per weekday will arrive at the Avon store. It is estimated that of those three or four, three will be transported to our main shop in Wheat Ridge for repair and one will be repaired in Avon. Determination of what will be repaired in Avon as apposed to what vehicles will be shipped will depend greatly on the particular job that has to be done. We will not be able to accommodate painting large areas of a vehicle, nor will we be able work on any vehicle with heavy frame damage at the Avon facility. Both of these operations require special equipment that will not fit in the space available at the Nottingham location. Those vehicles will be transported to one of our full service facilities. Since there may be some concern by those not in the industry that these decisions can be subjective, L & H has adapted a rule that will simplify the process considerably. Our manager at the Avon facility has been instructed to ship to our full service facilities any vehicle where the estimate for the repair exceeds four thousand dollars. This rule will insure that no heavy work will be performed in a shop that is neither designed nor equipped to handle damage that exceeds that level. The rule is not arbitrary, at $4,000.01, the vehicle is shipped. Our transport trucks will make no less than one trip per day to the Avon facility. No vehicle will remain on the lot outside for more than one day. Damaged vehicles or vehicles with parts removed will be kept inside the building until they are completed. Completed vehicles that are ready for delivery will be washed and set outside. Owners would have two days to pick up their vehicles. p.3 Jul 05 06 03:49p The committee asks that we obtain the services of a licensed architect to determine what can be done with the building and grounds to enhance it's appearance and L & H is a bit reluctant to do this because after doing the research on this issue we determined that within approximately two years the size of the location would probably have to be expanded due to expected increased business. For that issue to be handled our alternatives are limited in that we would have to purchase the land to the East of the present site. Because of the estimated cost of the land itself, the cost to develop the land for it to be useable by us, and the time and energy necessary to bring this about, further major investment in changing the building and grounds would be prohibitive. p.4 Town of Avon Planning & Zoning C ommiss►on Meeting Minutes 1' Call to Order May 16, 2006 The meeting was called to order at 5:35 ll. Pm. Roll Cali All Commissioners were present. 111. Addltlo ns and Item VIII M cku Amendments to the q Claire Subdivisio P Design .Gates Agenda Property Location. Lot8374 -.Gates ons 6 Beaver Subdivision Creek -Properly Location: Lot / 251013 2' Dry Creek Subdivisionnd Item XI, Final Old Trail Road b (A Resub Desi 1 Chateau St. Commissioner a moved to the es division gn Plant Reside Lane Goulding Co of Lot 44, Block `2 Wild q' were Present alon mmissioner Consent Agenda. Wildridge IV. 9 with the Struve, Commissioner Conflicts of applicant for the site to Commission interest ur at the Foster and Sketch Desi Lane And Co Confluence. Commissioner Location gns — Commercialnmissioner Evans r proConfluence/95 Avon RoCOnflue revealed West y Locate°n: Conflu ad and ce Rrvertro Sub conflict of interest Partners. ence/95 Avo Item B nt division Hotel with Item n Road, q Confluence - Bu/down XII, V. Swearingpplicant. 2ehre Riverfro Lod 9- Property A in and q Associates Ppointme PPointme n $ ge Building Village at of e� East Avonf Chairperson, Vice Chair new Commissioners: Phil DRB. Person, Debbie Secretary and it Struve and Padillaassistant T COMM. r Chris Evans. Zoning Comm.,ssio ePresentative to Hers. own Clerk, swore in Phil St Commissioner Chris Struve and Chris the Position Evans was Evans as Planning nominated fort Chairperso nominated and and all Co the Position n and all Commissio Commissioner S secreta mrssioners of Vice Chair. Comm,ners were i mith second rY with Co were in favor,ssioner n favor. ed the motion for accepted the mmissioner Commissioner Green sec Commissioner Smith was nomination and all Sith second' Struve was Onded the Commissioners g the nomination mated for nomination and Commissioner Smith was were ' the position of DRB' Commissio nominated in favor. he motion. Smith acceptede thetruve e n Her to b Co The motion ani the nomination Comm.nd n representative VI. Consent A Passed unanimously. , mously. Commissio tO Village at Agenda Her Gouldin Avon Approval of the 9 seconded Approval of the Mal 18, 2006 Planning the correction t y 02, 2006 Planning Zoning Co Approval hat Commissione�lanning g Zo mmissfon Meetin 1 Chat eauf Item Vill, Mocku Smith was swung Commission Meg Minutes. selection. SI' Claire P Design - Gatesson in at this Meeting Minutes Subdivision / on Beav meeting• with 38374 Highwayser Creek -Property Location: Lot 6 & 24, with tha a_, Approval of Item Item XI, Final Design Plan — Residential, A, Property Location: Lot 2, Dry Creek Subdivision (A Resubdivision of Lot 44, Block 2, Wildridge Subdivision) / 2510B Old Trail Road. Commissioner Green moved to approve the Consent Agenda with corrections as noted and Commissioner Smith seconded. All commissioners were in favor and the motion carried unanimously. VII. Special Review Use Application - PUBLfC HEARING Property Location: Lot 4, Block 1, Benchmark at Beaver Creek Subdivision/147 Nottingham Rd Applicant: Dennis Pappas/ Owner: Randy Massey Description: The applicant is seeking a Special Review Use (SRU) application for an automotive repair land -use on Nottingham Road. The property is located within the Neighborhood Commercial (NC) zone district, and accordingly "automobile service and repair is allowed only with a SRU permil approved by the Planning and Zoning Commission. Eric Heidemann presented the Staff Report to the commission. Commissioner Green questioned the uses that were incompatible and was referenced to the Comprehensive Plan, page 25 under Neighborhood Commercial definition, by Eric Heidemann. Commissioner Evans referenced the parking summary as it pertains to the designation of 5 spaces for the Dollar Rental Company. Mr. Heidemann voiced that code requires 3 spaces per 1000 sq ft of gross floor area and proceeded to elaborate on the spaces and their locations. OPEN PUBLIC HEARING Dennis Pappas, Chief Operations Officer for L & H, approached the podium to address this application and continued to explain the proposed usage of the space as light maintenance and do estimates with extensive work shipped out for repair. He continued that he was in disagreement with the staff report. He stated that the building on the property was designed for automotive. Randy Massey, owner, explained the company's use of the facility. Mr. Pappas responded that 8 employees would be on site with a car wash in answer to Commissioner Fosters prior question. Commissioner Evans asked if either would be on site to handle operations. Mr. Massey would be in daily per Mr. Pappas and Mr. Pappas would be in three times a week. Commissioner Evans stated that no damaged cars would be housed outside and asked who will be enforcing it. Mr. Massey responded that a local resident has been hired to maintain the facility and its contents. Commissioner Evans questioned the comment that "their place is a showplace" with the response that it would be kept clean and maintained, pleasant to look at. Commissioner Struve asked for this item to be tabled for commissioner input. No members of public addressed the issue. CLOSED PUBLIC HEARING Commissioner Evans voiced that the applicant needs to define and commit to the building's use, and commented that the building was very use specific and the commission may make suggestions but the applicant was responsible for presenting the commission with their ideas of the project. Commissioner Struve commented to the applicant that the building would be used for the highest use possible for the Town of Avon with no large trucks on site, no for sale vehicles, signage, landscaping and screening. Commissioner Goulding commented on the aesthetics of building, landscaping for softness and drainage, policing of activities proposed by applicant, and $4000 damage or over would need transport truck and how was that truck used? Commissioner Foster commented on exterior_ C aesthetics, cedar fence indicated a junk shop, and a visual of how it would be a showcase. Commissioner Smith commented that it has been a junkyard for a long time and queried how would the screening look. Commissioner Lane agreed with Commissioner Smith on the screening and was concerned with the look in the community. Commissioner Green agreed with his fellow commissioners comments, how was the environmental situation of fluids and such being dealt with, and the site was the entry to Avon and the architectural was important to the commission. Commissioner Evans remarked that the site could embellish the building. Commissioner Struve motioned to table Item VI, Special Review Use Application - PUBLIC HEARING Property Location: Lot 4, Block 1, Benchmark at Beaver Creek Subdivision/147 Nottingham Rd, with Commissioner Foster seconding the motion. All commissioners were in favor and the motion to table was approved unanimously. VIII. Mockup Design - Gates on Beaver Creek - CONTINUED Property Location: Lot 1, Chateau St. Claire Subdivision 138374 Highways 6 & 24 Applicant: Steven Heinen, Ivins Design Group Description: This is to discuss the on-site mockup. Action is required on the mockup design panel, and approval of this mockup must take place prior to May 31, 2006 in order for the property to remain in compliance with its current Development Agreement. This item was moved to the Consent Agenda. IX. Minor Project - ERWSD Building - CONTINUED Property Location: Tract N, Block 3, Benchmark at Beaver Creek Subdivision Applicant/Owner.Ronald Siebert, Eagle River Water and Sanitation District Description: Design review for a new building at the Eagle River Water and Sanitation building, fronting the Eagle River between the bike path and the railroad tracks. The building is required for UV water treatment and would have a 28' x 44' footprint and is located on the south side of the main treatment facility. The building would have cedar sided walls and a metal roof. Matt Pielsticker presented the staff report. Tim Reitz, ERWSD, approached the podium to address commissioner concerns of this application. He presented some photos to the commission to show the trees and berms proposed to hide the site. Commissioner Struve voiced concern regarding the bike path, lack of trim on the roof, which makes it look industrial, and would prefer more bushes and trees. Commissioner Goulding was concerned with light from the top of the building's skylights. Mr. Reitz responded that the facility typically functions only during the day. Commissioner Foster remarked that landscaping would make it;visually appealing. Commissioner Smith agreed with the landscaping. Commissioner Lane agreed Commissioner Green that architectural continuity would be ideal but landscaping plan would be appropriate. Commissioner Evans agreed with his fellow commissioners. Commissioner Green moved to table Item IX, Minor Project - ERWSD Building, Property Location: Tract N, Block 3, Benchmark at Beaver Creek Subdivision, until a landscape plan was back from the applicant. Commissioner Goulding seconded the tabling and all commissioners were in favor. X. Sketch Design Plans - Residential A. Property Location: Lot 47, Block 4, Wildridge 15141 Longsun Lane - CONTINUED Applicant: Rick Dominick, Aker Architects /Owner: Tanavon Corporation Description: Sketch design review for duplex on the downhill side of Longsun Lane. The building would be comprised mainly of stucco and wood and is situated on a steep lot. This lot was tabled from the Commission's April 4, 2006 meeting. Matt Pielsticker presented to the commission the staff report. Kirk Aker and Rick Dominic, Aker Architects, approached the podium for review of the application. _ Mr. Aker began with the steepness of the slope and the driveway reconfiguration. Commissioner Struve requested discussion of the roof materials. Mr. Aker responded that shingles could now be used instead of metal since the roff pitch has been modified. Commissioner Foster discussed the landscaping in the driveway and snowmelt. Commissioner Goulding addressed parking maneuverability and backing out not into the roadway, north elevation garage and entry elements continued to look mirrored. Commissioner Smith suggested a model. Commissioner Evans commented on the north elevation with some covered roof form over the stairs, perhaps cross bracing, anchored visually. Commissioner Struve mentioned the metal was fine as accents pieces and landscaping was key, mirrored images need to be changed and the two front doors shouldn't look so similar. B. Property Location: Lot 3, Block 4, Wildridge Subdivision Applicant/Owner.George ("Tripp") Plavec Description: Design review for a new duplex structure on Wildridge Road East in the Wildridge Subdivision. Proposed materials include stucco, bev lap siding, stone, and heavy timbers. The structure would total approximately 8,300 square feet, with each unit measuring approximately 4,100 square feet. Matt Pielsticker presented the staff report. George ("Tripp") Plavec, owner, approached the podium to discuss the project, showed the commissioners a rendering with greater space on the front elevation, discussed the setbacks and the spacing away, driveway maneuverability has 29 feet, discussed the size of the garage, back slope was pretty buried and was concerned with future maintenance, two stucco colors are being proposed and siding could be an option if required. Commissioner review discussed view from each side, appearance of the mirrored image, driveway maneuverability, landscaping was important; tandem parking was a concern, and a change of dormer from one side to another. C. Property Location: Lot 24, Block 4, Wildridge Subdivision / Coyote Ridge Applicant: Andrew Abraham /Owner. Mike Farr Description: Andrew Abraham is proposing a single-family home on this Coyote Ridge property in Block 4 of the Wildridge PUD. The home is large with approximately 9,000 square feet of livable space with 7 indoor garage parking spaces. Matt Pielsticker presented the Staff Report to the Commissioners. Andrew Abraham, architect, approached the podium to discuss the application and began that he lowered the project to accommodate neighboring view corridors. Mr. John Sweedem, neighboring property owner, was concerned with the 18 foot above grade that blocks his view corridor and would appreciate 6 feet lower. Jim Wiley, 5586 Coyote Ridge, commented on the interesting design and was concerned with the substantial sprawl of the project. Commissioner review began with Commissioner Evans asking of the ridge height with the response of 35 feet. Commissioner Green questioned the materials being proposed, stucco may not be appropriate for this project and a 35 -foot garage structure may not be necessary and could be mitigated. Commissioner Struve remarked on this the architecture was interesting, with the free standing garage, there were too many buildings on site. Commissioners concurred that landscaping would be an important aspect, to review eliminating the bridge element and create a single structure, perhaps by pulling the house closer to the bam. XI. Final Design Plan - Residential A. Property Location: Lot 2, Dry Creek Subdivision (A Resubdivision of Lot 44, Block 2, Wildridge Subdivision) / 2510B Old Trail Road Applicant: Michael Sanner, Architect/ Owner. Trent Hubbard Description: The applicant is submitting a final design plan for a single-family residence in the Dry Creek PUD on Old Trail Road. The sketch design review for this property took place at the Commission's April 18th, 2006 meeting. A final design plan was approved for a single-family home on Lot 1 of the Dry Creek PUD at the April 4th, 2006 Planning and Zoning Commission meeting. Moved to Consent Agenda. XII. Sketch Designs - Commercial - CONTINUED A. Confluence - Riverfront Subdivision Hotel Building Property Location: Confluence/95 Avon Road Applicant: East West Partners / Owner. East West Partners Description: The applicant, East West Partners Inc., is proposing a Sketch Design application for the Westin Riverfront Resort and Spa. The proposed hotel building includes a hotel programmed as a condo -tel, a spa facility, meeting space, restaurant, retail, and professional offices. This item is continued from the Commission's March 7, 2006 meeting. Commissioners Evans and Lane have reclused themselves from this agenda item due to conflict of interest. Eric Heidemann presented the Staff Report and discussed the material and structural changes to the project. Commissioner Struve questioned the shading and the December 21" presentation and Staff addressed the applicant to respond. The response was that their architectural firm would review it. Andy Gunion, East West Partners, began his presentation with historical data of the project in order to bring the newly appointed commissioners up to date. Andy White took over the presentation and discussed the new elevations, the darkening of the exterior colors, less glass by moving the showers in the units, and changing the window design, the upper most floors were no longer iron clad but changed to stucco. The south elevation had changed by color, extension of the shed dormer by 20 feet and the change to the top story material. Conversation arose regarding the changes to the exterior color and what had prompted said changes. Mr. White continued by presenting each floor plate of the structure and voiced that parking was appropriately adjusted to the changes in unit numbers. B. Confluence - Riverfront Lodge Building Property Location: Confluence/95 Avon Road Applicant: Zehren & Associates I Owner. East West Partners Description: The applicant is proposing a Sketch Design application for the Riverfront Lodge. The proposed building is comprised of approximately 75 whole ownership units and has a maximum building height of approximately 95'. Eric Heidemann presented the Staff Report to the Commission. Jim ?, East West Partners, presented the project and began that there are 75 whole ownership condominiums for sale with two and three bedroom units primarily and larger units on the top floor. There would be a small check-in and lobby area, 2 or 3 hot tubs and the amenities at the Westin would be a the owners disposal. Exterior materials would include duplication materials from the Westin with attention to consistency but not duplication. This building was phased to be erected after hotel completion. Tim Losa, Zehren and Associates, approached the podium to continue the discussion of the project and present preliminary details. Commissioner Green began comments that the intent of the guidelines was not being met, a color rendering would be beneficial, articulation of the fagade was necessary, needed more interest in the structure, would like repetitiveness eliminated, entry seemed disproportionate and needed attention, and the hot tub area could use landscape element. Commissioner Foster commented that dormers don't solve issue of a long plane, needed image of retaining walls to determine if trees should be saved, and the hot tub needed to be addressed. Commissioner Struve voiced that the challenge was to be complimentary but not the same, walls between the bike path and retaining walls cannot be an unwelcome look in the project, save the tree, use pavers and not stamped concrete. Commissioner Goulding stated that the trees and spa area are codependent on what the best look for the tubs location can be: elevations show no soft corners as desired in the guidelines, stone along the decks and patios needs balance, east exterior elevation stone foundation stops at the window bottom, and to consider rich colors and texture. Commissioner Smith voiced that the entryway was blah, and a better illustration would be encouraged XII. Other Business A. Update of Various Projects Tambi Katieb, Director of Community Development, updated the commission on the Town Center Study looking at new development and infill development, what was possible and what were the goals, and this final portion was financial and would be presented to council on Tuesday, June 1V, at 2:30 pm. for two hours. Color renderings should be provided to the commissioners in the packets and a conceptual landscaping plan provided at sketch design review. XIII. Adjourn Commissioner Green motioned to adjourn. All Commissioners were in favor. The meeting was adjourned at approximately 9:45 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Chris Evans Chairman Phil Struve Secretary Staff Report WTvi PECIAL REVIEW USE SCOLORADO May 16, 2006 Planning & Zoning Commission meeting Report date May 5, 2006 Project type Special Review Use (SRU) Permit Legal description Lot 4, Block 1, Benchmark at Beaver Creek Subdivision Zoning, Neighborhood Commercial (NC) Address 147 Nottingham Road Introduction The applicant, L & H Auto Body Inc., is requesting a Special Review Use (SRU) Permit to operate a vehicle service and repair facility. The types of service to be preformed on site included "tire changes, oil changes, various filter changes, wiper blade and batteries." In addition to these general maintenance services, the applicant is requesting to perform auto body repair such as replacement or repair of bumpers, fenders and touch-up painting. The subject property is approximately .70 acres and is located on the south side of Nottingham Road. The existing building includes 12 service bays and a caretakers unit above the office. The property formerly operated as Golden Eagle Auto as an approved SRU for automobile maintenance and oil and lube. However, according to the Town records the property was both inactive and in violation (storage of junk vehicles) since November 2005. Consequently, the previously approved SRU is no longer valid and the new owner is required to obtain SRU approval. The property is zoned Neighborhood Commercial (NC), which according to the purpose statement for that zone is intended to "provide sites for commercial facilities and services for the principal benefit of residents of the community and also to highway - oriented convenience commercial needs." Because the proposed land use in not included in the list of allowed uses (Exhibit B), the applicant is requesting a SRU under the category of "Automobile service station and repair." The existing land use and zoning for the surrounding properties are as follows: North: Undeveloped - Cottonwood PUD (planned hotel/residential) South: Interstate 70 East: Undeveloped — NC (Neighborhood Commercial) Town of Avon Community Development (970) 9494280 Fax (970) 949-5749 Lot 4, Block I, Benchmark at Beaver Creek May 16, Planning & Zoning Commission meeting Page 2 of 5 West: Buck Creek Drainage/Batas Townhomes - OLD (Open Space, Landscape, and Drainage)/RLD (Residential Low Density) This application is a noticed public hearing with written notice provided to property owners within 300' of the subject property. To date, staff has received no public comment regarding the applicant's request. Criteria for Review According to section 17.48.040 of the Avon Municipal Code, the Planning & Zoning Commission shall consider the following criteria when evaluating an application for a Special Review Use permit: 1. Whether the proposed use otherwise complies with all requirements imposed by the zoning code. The proposed use is inconsistent with the authorized SRU categories enumerated in the zone district. The NC zone permits "Automobile service station and repair" through an approved SRU process; however the zoning code carefully defines this use and explicitly prohibits auto body repainting or repair. Although the applicant has stated that only "minor" auto body repair and painting will occur on site, the zoning code does not distinguish between minor or major auto body repairs. Therefore, this application does not comply with the requirements of the zoning code. Below is the current definition of automobile service station and repair: "17.08.080 Automobile service station and repair. "Automobile service station and repair means any premises where gasoline and/or other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication and minor repairs are conducted; but shall not include premises where heavy automobile maintenance activities such as engine overhauls tire recapping, and body repainting or repair are conducted. (Ord. 91-10 §1 (part))." 2. Whether the proposed use is in conformance with the Town Comprehensive Plan. The areas within the Comprehensive Plan that offer policy direction relative to the proposed land use are the Future Land Use Plan, the District #13 special area policies, and the General Goals and Policies of the Plan. The Future Land Use Map designates the property as Neighborhood Commercial. The definition of Neighborhood Commercial is slightly different than the zoning definition of neighborhood commercial in terms of preferred land uses. The Comp Plan appears to be more descriptive in the intended uses that include °neighborhood focused retail and services (such as markets, childcare, restaurants, and caf6's) that are conveniently located and connected to surrounding residential uses." Based on these uses, the application is inconsistent in terms of land use and intensity. The subject property is also located within District 13: Nottingham Road Commercial District (Exhibit C). These special area policies don't address this type of land use other than to state that uses "should not compete with the Town Center in terms of size of buildings or intensity of development." Town of Avon Community Development (970) 7484030 Fax (970) 949.5749 Lot 4, Block 1, Benchmark at Beaver Creek May 16, Planning & Zoning Commission meeting Page 3 of 5 Below is a list of regional goals and policies that are germane to the applicant's request. Policy B.1.9: Encourage redevelopment and revitalization of currently outdated, rundown, or otherwise neglected areas. Comment: The property has been inactive and left in deplorable condition for several months. The applicant has made significant improvements to the site during this time by removing junk vehicles and trash on the site. However, this application does not propose any exterior modifications or enhancement to the site other than what has already been done. Approving the proposed use diminishes our opportunity to work with the property owner to redevelop the site as an alternative use. Policy C.1.1: Ensure that proposed development and redevelopment projects conform to the Future Land Use Plan's designations and are at a scale and intensity appropriate for the planning district in which they are located. Comment: The property is currently zoned Neighborhood Commercial, which is consistent with the Future Land Use designation of Neighborhood Commercial. However, the intensity of the land use is inconsistent with the plan designation in terms of prescribed uses. Goal DA: Ensure that development and redevelopment is compatible with existing and planned adjacent development and contribute to Avon's community image and character. Comment: The proposed auto body and repair use is not compatible with the existing residential land uses to the west nor the planned residential land use to the north. Goal E.3: Increase the number of visitors to Avon by enhancing our attractiveness as a destination resort community. Comment: Because of the site's proximity to the interstate, the area serves as a gateway to the community. Therefore, greater consideration should be given to the opportunity to further enhance the site through possible redevelopment. 3. Whether the proposed use is compatible with adjacent uses. Such compatibility may be expressed in appearance, architectural scale and features, site design and the control of any adverse impacts including noise, dust, odor, lighting, traffic, safety, etc. Compatibility with existing and planned adjacent residential properties is staffs primary consideration with this land use application. The proposed use is a highly intensive land use that is inappropriate for this site primarily because of compatibility issues with the surrounding properties. The existing residential uses several hundred feet to the west and planned residential uses to the north coupled with the proximity to the Buck Creek drainage makes this use inappropriate and for the area and subject to adverse impacts (i.e. noise, odor). Understanding that the building is designed for a single purpose - automobile repair, and the site has historically been used for automobile repair, the intensity of the Town of Avon Community Development (970) 748.4030 Fax (970) 949.5749 Lot 4, Block 1, Benchmark at Beaver Creek May 16, Planning & Zoning Commission meeting Page 4 of 5 proposed land use is contrary to the intent of the zone district. Furthermore, staffs recommendation is that land uses in this area transition from less intensive uses (residential) to higher intensive uses at the roundabout (service station). As proposed, the transition in land use is abrupt with residential uses adjacent to an industrial type land use. The proposed use would better serve the community in the IC Industrial/Commercial Zone district. 4. That the granting of the special review use requested provides evidence of substantial compliance with the 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 applicant has made a compelling argument for the demand for this type of service in the community. However, a similar argument could be made for demand for other uses permitted in the zone district (retail, restaurant). Therefore, the application does not present a public purpose, which the current entitlements could not 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. Staff believes that approval of the proposed SRU has potentially greater adverse impacts to the existing and future land use in the area than the estimated long- term economic impacts described in the application. 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 property is currently developed will little opportunity for sitting of the development or preserving valued environmental and cultural resources. Staff Recommendation Staff recommends denial of the proposed SRU because the application fails to meet the criteria necessary to recommend approval. Recommended Motion "I move to approve Resolution 06-10 thereby denying the applicants request to operate a vehicle service and repair facility on Lot 4, Block 1, Benchmark at Beaver Creek Subdivision. Town of Avon Community Development (970) 748-4030 Fax (sou) U4am14a Lot 4, Block I, Benchmark at Beaver Creek May 16, Planning & Zoning Commission meeting Page 5 of 5 If you have any questions regarding this or any other project or community development issue, please call me at 748-4009, or stop by the Community Development Department. Respectfully Effilc HeidBmann Senior Planner Exhibit A- SRU application dated April 17th, 2006 Exhibit B- Municipal Code Section 17.20.040 Exhibit C- Excerpt from Comp Plan - District 13: Nottingham Road Commercial District Exhibit D- Aerial photograph (Lot 4, Block 1, BMBC) Exhibit E- Resolution 06-10 Town of Avon Community Development (970) 748-4030 Fax (970) 949.5749 RECEIVED APR 14 2006 SPECIAL R E V I E Community Development USE Resi16 Feesdential j 1 jj ResldentlalOnly: / Gi—Q U 00(0'- < CommerclaUlnduatrlal 1 500 CONTACTAPPLICANTS •- • Name Rc','14 15(31(1 r: N )qt)o as TN�r (Last) (AISOf� Address ;PF -5"& M4."� PLO@.Ci(. tjI..aoT,r��dlo>• . Co. Qoas3 (Street) (City) ( rare) (Zp Code) Telephone 303-914-16%J5- Fax Cell •WNER'S CONTACT INFORMATION nn Name YNa�stV (�ccY (tasU (FlrsU Address 414D��et (sm. (City) (State) (ZIP Code) Telephone 3Q 7K- y'Zq—Ar6S Fax 303 - Cell Ulot.r.G PROJECT•R• 6e�aje.V Lot_ Block_ Subdivision&"Wamk 0:r- Street Address 147 7runk�� Current Zoning Classification Type of Special Review Use Requested (Please be Specific) To TD Te o ocJ1 Pe -4e z5n azo ld cruixk up pa%M .4a '1 at =,,e REVIEW CRITERIA Please respond to the following review criteria on a separate sheet of paper: A. Does the Proposed use otherwise comply with all requirements imposed by the Zoning Code? B. Does the proposed use conform to the Town of Avon Comprehensive Plan? C. Is the proposed land use compatible with adjacent uses? ,ACKNOWLEDGEMENT I (we) represent that all information provided to the Town of Avon in connection withIthia'cation as true and correct, that I (we) understand the Town of Avon regulations applicable to this project, andt a complete submittals will delay application review. Owner designates'Applicant'as Indic r is representative in all application sub foals related to this roject. Applicant44 AA Owner /.-A R YtJ7T ('3 0.1 / :t Name 1 (Print Name) 1�— tis Date 60.1 13; Date 40101.1 A6M Community Development, PO Box 975, Avon, CO 81620 - Phone (970)748.4030 Fax (970)949,5749 (last revised 212005) Page 3 of 5 Zoning — Zone District Regulations (8) Bakery; (9) Medical center/hospital; (10) Restaurants; (11) Cocktail lounges; 12) Bowling alleys; ( ) Accessory apartm un level story; (14) Indoor recreation (15)u (16) A lar to allow of this zone (c) Special. (1) Aut (2) Car (3) Abc tions. (d) Develol exclusive of the entertainment ional usiF determined to be simi- uses in Accordance with the intent service station and repair; public utility installa- lot siz one (1) acre; buildin eight: forty-eight Minimum building set\acks: Front: twenty-five (25 eet; Side: seven and one -ha (7.5) feet; Rear: ten (10) feet; Maximum site coverage: y percent Section 17.20.030 Minimum landscape area: (6) Ma ' um dens' seven and one-half (7.5) units per uildable area for acces- sory units. Th um residential floor area of the acc ry units 1 not exceed a 2:1 ratio commercial floo (Ord. 91-10 17.20.040 Neighborhood Commercial—NC. aw (a) Intention. The Neighborhood Commercial Zone District is intended to provide sites for commercial facilities and services for the principal benefit of residents of the community and also to highway -oriented convenience commercial needs. (b) Allowed uses. The following uses shall be permitted in the NC District: 17-20 Supp.3 (1) Retail stores; (2) Professional offices; (3) Car wash; (4) Restaurants; ; (5) Accessory apartments, exclusive of the ground -level story; (6) Churches; (7) Additional uses determined to be simi- lar to allowed uses in accordance with the intent of this zone district; (e) Special review uses. rt (1) Automobile service station and repair; (2) Commercial printing facility; (3) Aboveground public utility installa- tions. Zoning — Zone District Regulations (d) , Development standards. (1) Minimum lot size: one-half (.5) acre; (2) Maximum building height: thirty-five (35) feet. (3) Minimum building setbacks: Front: twenty-five (25) feet; Side: seven and one-half (7.5) feet; Rear: ten (10) feet; (4) Maximum site coverage: fifty percent (50%); (5) Minimum landscape areas: twenty per- cent (20%); (6) Maximum density: seven and one-half (7.5) units per acre of buildable area for acces- sory units. The maximum residential floor area of the accessory units shall not exceed a 2:1 ratio of the commercial floor area. (Ord. 93-1 §1; Ord. 91-10 §I(part)) \famdwellings 50 Residential Single -Family —RSF. Intention. The Residential/sitec lt' istrict is intended to provide - on separate lots, ry (b) A c wed uses. The allowed in Ike RSF District: (l) Onl (2) Ac( (c) Special (1) Fol Aboveground (3) Churches. uses shall be and uses. private utility Section 17.20.040 (d) Development standards. (1) Minimum lot size: seven tl undred (7,500) square feet; (2) Maximum building height: (3 feet; Minimum building Front: twenty-five Side: seven and one -if Rear: twenty (20) (4) imum site cov (50%); (5) percent (6) Maximu (Ord. 91-10 §I(pa 17.20.060 Resident (a) Intention. Th is intended to provide tial development. (b) Allowedus permitted in the RD (1) Single ai 17-21 Supp.3 five .5) feet; fifty percent mdsc area: twenty-five len : one (1) unit per lot. uplex — RD. idential Duplex District tes r low-density residen- The fo wing uses shall be trict: ly homes; (2) Dupl homes; (3) Ac ssory caretaker [I] per unit) (c) Speci review uses. (1)omeoccupations; (2) esidential bed and breakfast; (3) Aboveground public utility tions; Churches. (one �r,lektbl k C - Town District Planning Principles Medium Priority Districts BScreening Diagram District 13: Nottingham Road Commercial District This area's proximity to the I-70/Avon Road Interchange establishes its importance to the Town's identity. Development and redevelopment that occurs here should reflect the standards in the Town Center, but should not compete with the Town ' Center in terms of size of buildings or intensity of development. Planning Principles: • Limit access points on Nottingham Road to simplify traffic movements. • Require landscape setbacks and internal landscaping of parking lots. • Screen all equipment and storage areas from view. • Limit building heights to that which is compatible with the existing surrounding development. • Development intensity and activity should diminish when traveling north on Buck Creek Road. Town of Avon Comprehensive Plan Page 93 A secondary comworcial distract. • �xlnib� �' TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 06-10 A RESOLUTION DENYING A SPECIAL REVIEW USE PERMIT TO OPERATE A SUTO BODY SERVICE AND RETAIR FACILITY ON LOT 4, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, L & H Auto Body Inc. has applied for a special review use permit to operate a auto body service and repair facility, as described in the application dated April 17, 2006, as stipulated in Title 17, of the Avon Municipal Code; and WHEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Avon, pursuant to notices required by law, 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 Special Review Use permit application; and WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered the following: A. Whether the proposed use otherwise complies with all requirements imposed by the zoning code; and B. Whether the proposed use is in conformance with the town comprehensive plan; C. Whether the proposed use is compatible with adjacent uses; and D. That the granting of the special review use requested provides evidence of substantial compliance with the following public purpose provisions: The application demonstrates a public purpose which the current zoning entitlements cannot achieve. 2. Approval of the zoning application provides long term economic, cultural or social community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights. The 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. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby denies a Special Review Use permit to operate a auto body service and repair facility, as described in the application dated April 17, 2006, as stipulated in Title 17, of the Avon Municipal Code for Lot 4, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado, based upon the following findings: 1. That the proposed use does not conforms to the requirements as imposed by the Town Zoning Code; 2. That the proposed use does not conforms to the Town Comprehensive Plan; and 3. The proposed use is incompatible with existing planned and approved adjacent uses. Adopted this 16th day of May, 2006 Signed: Date: Chair Attest., Date: Secretary BMBC - Blk 1, Lot 4 e Lot Zoning DlWkb Q NC Tw Property Boundaries -OLD YON Q PUD uc RLD ..«.-....,,...�.....,. Staff Report 7vi SPECIAL REVIEW USE C D L O R A U O July 18, 2006 Planning & Zoning Commission meeting Report date July 5, 2006 Project type Special Review Use (SRU) Permit Legal description Lot 5, Filing 1, Village at Avon Zoning Planned Unit Development (PUD) Address 375 Yoder Avenue Introduction The applicant, Stone Creek Elementary School, is requesting a Special Review Use (SRU) Permit to operate a new public charter school on the above-mentioned property. The subject property is located at the terminus of Yoder Avenue and is approximately 4 acres in size. The site, identified as Planning Area "L", is designated as Regional Commercial in the Village at Avon (VAA) PUD. According to the VAA PUD Guide, an educational land use is permitted subject to a Special Review Use (SRU) Permit. In addition to an approved SRU, the applicant must also provide the Town with an approval letter from the VAA Design Review Board. The Stone Creek Elementary School would provide a preschool, kindergarten and 1st through 8t' grades. The proposed facility would consist of an 18,200 square foot modular building containing 22 units and would accommodate space for approximately 275 students. The site is currently undeveloped and therefore requires infrastructure and other site improvements (see attached site plan). The existing land use and zoning for the surrounding properties are as follows: North: Undeveloped — Interstate 70 South: Church — Unincorporated Eagle County East: Undeveloped — P (Parkland) West: Commercial Retail — Regional Commercial This application is a noticed public hearing with written notice provided to property owners within 300' of the subject property. To date, staff has received no public comment regarding the applicant's request. Town of Avon Community Development (970) 949.4280 Fax (970) 949.5749 Lot 5, Filing 1, Village at Avon July 18, Planning & Zoning Commission Background 2of5 According to the Annexation Agreement between the Town of Avon and the VAA, the property owner was to convey to the Town a site within the VAA boundaries for the purpose of a future Public Works site. The conveyance of the property to the Town is subject to several conditions (see attached) prior to the ownership transfer. On June 13th, 2006 the Town Council approved Resolution 06-29 approving a License Agreement between the Town and Traer Creek whereby the Town will lease the subject property to Stone Creek Elementary School for a term from July 1, 2006 to June 30, 2007. Please refer to the attached Lease Agreement for the terms and conditions of that agreement. Site Plan Accompanying the SRU application is a site plan, which demonstrates how the site would function. Because the site is undeveloped, the applicant is required to make the necessary improvements, (grading, drainage, landscaping, asphalt and striping) consistent with the Town of Avon Municipal Code as well as the policies found with the VAA pUD guide. The site plan features two entrances to the school facility. The first will be the Main entrance located off of Yoder Rd in the South. West corner of the lot. Traffic flow will be split beyond this entrance to separate Pickup and Drop-off from parking access. The path of the Pickup and Drop-off road will be circular in nature and will enable one-way traffic flow to the front of the building from right to left (similar to a roundabout). This will provide adequate loading and unloading for all of the children. The 22' wide road and 50' inside radius of the turning circle will accommodate all emergency vehicles and full size busses. There will be a parking lot off to the right (east) of the circle and will provide parking for approximately 55 vehicles, which will more than satisfy The Village at Avon Parking Regulations. The parking space dimensions will comply with the Town of Avon design guidelines. All roads and parking areas will be paved and snow maintenance during the winter months will be provided with plowing to the perimeter of the roads and parking lot. Exterior lighting will be installed in the parking lot. There will be a separate entrance for service vehicles, such as delivery and trash, which will access the premises from the West through an existing access and utility easement behind (north of) The Home Depot. This access will require permission and/or approval from Traer Creek and The Home Depot. This entrance will separate the service vehicle entrance from the public and staff entrance to help traffic flow at the main entrance and enhance safety. It will also provide a more convenient access to the rear of the school facility for loading and unloading of materials and waste. Criteria for Review According to section 17.48.040 of the Avon Municipal Code, the Planning & Zoning Commission shall consider the following criteria when evaluating an application for a Special Review Use permit: Town of Avon Community Development (970) 748.4030 Fax (970) 949.5749 Lot 5, Filing (, Village at Avon July 18, Planning & Zoning Commission meeting Page 3 of 5 1. Whether the proposed use otherwise complies with all requirements imposed by the zoning code. Staff has evaluated the proposed SRU and associated site plan and it appears that all requirements of the Municipal Code have been adhered too. Any exterior lighting must comply with the Outdoor Lighting Ordinance. 2. Whether the proposed use is In conformance with the Town Comprehensive Plan. The areas within the Comprehensive Plan that offer policy direction relative to the proposed land use are the Future Land Use Plan, the District #8 special area policies, and the General Goals and Policies of the Plan. The Future Land Use Map designates the property as Civic/Public. The Comprehensive Plan describes the Civic/Public designation as "Public areas intended to contain uses related to community services, such as fire stations, schools, community centers, hospitals, municipals centers, police stations, and municipal maintenance yards. Each proposed public use should be evaluated separate in terms of its land area and topographical constraints, as well as compatibility with adjacent uses." Based on these uses, the application is in conformance with the Future Land Use Plan. The subject property is also located within District 8: Village at Avon East District (Exhibit C). The special area policies don't address this type of land use other than to state "Screen large regional commercial uses from 1-70 with trees and berms." Although the proposed use is not a regional commercial use, it is important that adequate landscape screening be placed between the propose school site and the commercial uses to the west. It appears that the applicant has provided landscaping and a privacy fence along the northern property line. Below are some regional policies that are germane to the applicant's request. Policy J.2.2: Locate schools, parks and other civic facilities along trails, sidewalks, and transit facilities. Comment. The school location can be accessed from an existing sidewalk which runs the entire southern property line of this site. This sidewalk also connects to a transit facility which only crosses one roadway at the intersection of Yoder Avenue and Fawcett Road. Policy C.1.6: Include sufficient land for public uses such as schools, recreation, community facilities, and government services near the people who use them. . Comment: This appears to be an appropriate land -use and is centrally located in the valley with good access to the interstate, Highway 6 & 24, and local Avon roads. 3. Whether the proposed use is compatible with adjacent uses. Such compatibility may be expressed in appearance, architectural scale and features, site design and the control of any adverse impacts Including noise, dust, odor, lighting, traffic, safety, etc. Tann of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 5, Filing I, Village at Avon Julv 18. Planning & Zoning Commission 4of5 Although the site will only be used on a temporary basis, compatibility with adjacent land uses is important in the evaluation of this application: Stone Creek Elementary is considered an educational use, where the abutting properties are commercial and church uses. Since The Home Depot will share a common border with Stone Creek Elementary, there will need to be a, measure taken that will ensure the properties have adequate separation. Stone Creek Elementary will be a closed campus and will utilize a fence along the perimeter of The Home Depot border to provide the enclosures and ensure the separation. Since the land parcel is adjacent and in close proximity to commercial space, The Home Depot and Wal-Mart, a standard fence will be installed that will provide adequate separation and to enforce the school's policy of a closed campus. The chain link fence will be four feet in height and will run along the perimeter of The Home Depot lot border. The color of the fence will be a neutral color and will blend in naturally with the environment to maintain the aesthetics of its surroundings. The Presbyterian Church is across the railroad tracks to the South of campus and should not conflict with its use. Since the school will operate Monday through Friday during a 9 -month calendar year, traffic should not impact the use of the Church for its weekend services. No adverse impacts are anticipated and this use should be generally compatible with adjacent uses. 4. That the granting of the special review use requested provides evidence of substantial compliance with the 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. Applicant's response: "As the area continues to grow, so will the population. The school will assist in the growth process and will provide a viable education option to the Town of Avon residents as well as the residents in Eagle County." 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. Applicant's response: "Even though the use of this property is temporary, Stone Creek Elementary will have an impact on the community of Avon. As the school establishes itself in the Avon community, the value of the area developments and its amenities will appeal to more potential families and households moving to the area. The school is currently looking at two permanent sites within the Town of Avon." C. The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and of Avon Community Development (970) 748-4030 Fax (970) 949.5749 Lot 5, Filing I, Village at Avon July 18, Planning & Zoning Commission meeting Page 5 of 5 cultural resources, and increasing the amount of public benefit consistent with the community master plan documents. Applicant's response: As shown in the enclosed site plan, the school will be oriented on the land parcel that will follow that of Walmart and The Home Depot buildings. The school will comply with the overall master plan that calls for'the building 'scales to decrease as you move away from the center of the development. There will be many improvements to the land, including the excavation and landscape that will lend itself aesthetically to the community. The restoration process will follow, once the term of the use has ended, which will provide back the land to the Town of Avon in a condition that satisfies there need for construction of the Public Works Facility and that stated in the Lease Agreement." Staff Recommendation Staff recommends APPROVAL of the proposed SRU through Resolution 06-13. Recommended Motion "I move to approve Resolution 06-13, thereby approving the applicants request to operate a public charter school facility on Lot 5, Filing 1, Village at Avon. If you have any questions regarding this or any other project, please call me at 748- 4009, or stop by the Community Development Department. Senior Planner Exhibit A- SRU application dated, 2006 Exhibit B- Site Plan Exhibit C- Comp Plan, District 8 Exhibit D- Lease agreements (unexecuted) Exhibit E- Council Resolution 06-29 Exhibit F- Proposed Resolution 06-13 Town of Avon Community Development (970) 748.4030 FaX (970) 949.5749 C O L O R A D O SPECIAL REVIE USERes dential Only: $200 CommerclaVindustrial: $500 CONTACT•- • Name- - OAt-t� (last) `� (Firsp I Address — T ° �'� �J� (street) (City) (state) (Tip Code) Telephone Fq — 6( Y�- Fax 532 -5?30 Cell •WNER'S CONTACT INFORMATION Name a, -,j o F A✓a.� (Last) Address (street) (City) (state) (Z1p Code) Telephone —1K8— y oc" Fax Cell PROJECT•- • l.` n - Lots Subdivision IAYEA, : �� /TVkJ Street Address Current Zoning Classification �y P Type of Special Review Use Requested (Please be Specific) REVIEW CRITERIA Please respond to the following review criteria on a separate sheet of paper. A. Does the Proposed use otherwise comply with all requirements Imposed by the Zoning Code? B. Does the proposed use conform to the Town of Avon Comprehensive Plan? C. Is the proposed land use compatible with adjacent uses? F-affm k, LOIT111 4 4 • I (we) represent that all information provided to the Town of Avon In connection with this application as true and correct, that I (we) understand the Town of Avon regulations applicable to this project, and understand thatromp to submittals will delay application review. Owner designates 'Applicant' as indicate to act as owner's re tative in all application submittals related to this project. Applicant O ner (Print Name) (Print Name) i e v Date Date /; Community Development, PO Box 975, Avon, CO 81620 - Phone (970)748.4030 Fax (970)949.5749 (last revised 2/2005) Page 3 of 5 Type of Special Review Use Requested (Please be Specific): Stone Creek Elementary is a new public charter school approved by the Colorado State Charter School Institute. The charter will be operated by a group of parents, teachers, and/or community members as a semi -autonomous school of choice within a school district, in which there is a contract between the members of the charter school community and CSCSI. The charter was granted in January of 2006. Stone Creek Elementary will provide a preschool, kindergarten and 1t through 8"' grades with a Core Knowledge curriculum. This school will be open to all children within the Eagle County Community. All children will be offered the opportunity to excel in academics, arts, music, foreign language, physical education and character development. We are the only Core Knowledge school within a 100 mile radius of Eagle County. Core Knowledge schools are always among the highest performing schools on the Colorado CSAP tests. The mission of Stone Creek Elementary is to enable students to achieve academic excellence and to become self -motivated, competent, lifelong learners by providing a multi -cultural, student -centered environment, utilizing the tools of rigorous, sequenced, research -based educational programs. This mission will be accomplished with a structured learning environment, using the Core Knowledge curriculum and Colorado State Educational Standards, parental involvement, staff development, and a fun atmosphere created by the community as a whole. Stone Creek Elementary is a school created by a grass roots effort of concerned parents. Our Board of Directors consists of parents of children who will attend Stone Creek and our school bylaws specifically state that the Board of Directors must always consist of a majority of parents whose children attend the school. The entire staff for the school is in place and under contracts, including the new principal, Betsy Hill. The proposed facility will be a newly constructed 18,200 square foot modular building comprising 22 units (see facility layout enclosed) and will accommodate space for approximately 275 students. The construction of the modular units will begin the third week in July of 2006 and they are scheduled to be shipped the first week of August. The modular units will fit together to form one building containing classrooms, administrative offices, interior hallways, library, computer lab, art room, music room and a cafeteria. A. Does the proposed use otherwise comply with all requirements imposed by the zoning code? Stone Creek Elementary will be constructing anew modular facility to be used for the temporary location at 0375 Yoder Avenue. The building plans have already been submitted to Traer Creek for Design Review Board consideration and approval. A site plan has been attached to this application to show orientation of the facility with respect to the 4.03 acre parcel. There will a specified area designated for five additional modular sections to accommodate student population growth. There will be two playgrounds on campus with space allotted for another for any future expansion. The first will be situated directly behind the school building adjacent to the Northern comer. The Northernmost playground will be for the younger classes and the preschool. The other playground will contain playground equipment suitable for the upper elementary school grades. The equipment will be wood in nature and will blend in nicely with the landscape. There will be two entrances to the school facility. The first will be the Main entrance located off of Yoder Rd in the South West comer of the lot. Traffic flow will be split beyond this entrance to separate Pickup and Drop- off from parking access. The path of the Pickup and Drop-off road will be circular in nature and will enable one-way traffic flow to the;front of the building from right to left (similar to a roundabout). This will provide adequate loading and unloading for all of the children. The 22' wide road and 50' inside radius of the turning circle will accommodate all emergency vehicles and full size busses. There will be a parking lot off to the right of the circle and will provide parking for approximately 55 vehicles, which will more than satisfy The Village at Avon Parking Regulations. The parking space dimensions will comply with the Town of Avon design guidelines. All roads and parking areas will be paved. Snow maintenance during the winter months will be provided and all snow will be plowed to the perimeter of the roads and parking lot. Exterior lighting will be installed in the parking lot. There will be a separate entrance for service vehicles, such as delivery and trash, which will access the premises from the West through an existing access and utility easement behind (North of) The Home Depot. This access will require permission and/or approval from Traer Creek and The Home Depot. This entrance will separate the service vehicle entrance from the public and staff entrance to help traffic flow at the main entrance and enhance safety. It will also provide a more convenient access to the rear of the school facility for loading and unloading of materials and waste. The campus will be adequately landscaped with trees, flowers and sod. There will be trees and flowers in the center of the entrance circle and along the perimeter of the building to create a warm and inviting appearance. The play field in the East end of the parcel will have plans to either have sod, artificial turf, or provide a natural habitat that will allow for outdoor education. The facility will fully comply with all fire codes and will provide a fire alarm and sprinkler system. The school does not contain a working kitchen and will not require a grease trap. All Utilities will be accessed at the West end of the parcel and will run directly into a designated utility area within the building. There will be two sets of boy/girl bathrooms located at each end of the building — East and West ends. The Stone Creek Elementary facility and campus plans will fully comply with all of The Village at Avon Planned Unit Development Regulations speck to the General Section and the sections relating to Planning Area L. B. Does the proposed use conform to the Town of Avon Comprehensive Plan? Schools are a key component for the Town of Avon and its Master Plan. More residential and commercial growth is slated for the next 5 years, with the Confluence, East West Partners and Traer Creek Development. It is referenced in The Village (at Avon) PUD specifically and Stone Creek Elementary will provide relief from an overcrowding challenge already present at existing schools within the area. This will provide an immediate benefit to the Town and will accommodate growth moving forward. The Vision and Mission of the school is to provide a viable school option for the communities of Eagle County and offer families a choice in their children's education and curriculum. Avon is the perfect choice, since it is the heart of the valley. The demographics of the school are striving to be diverse and multi -cultural, which will allow Stone Creek Elementary to open its doors to any family wishing to attend. Since Stone Creek Elementary is a public school, there will be no discrimination and no enrollment slots reserved for any classification of student or family. The Core Knowledge program that the school will use for its curriculum has an excellent history of proven success and is used throughout Charter Schools nationwide. In addition to the educational factor, the school will bring in potential revenue to the Town of Avon for patronage at local businesses. The school has enrollment package demographics that range from East Vail to Gypsum. The lease agreement between the Town of Avon and Stone Creek Elementary will also provide an additional $21,200 in annual revenue. C. Is the proposed land use compatible with adjacent uses? Stone Creek Elementary is considered an educational use, where the abutting properties are commercial and church uses. Since The Home Depot will share a common border with Stone Creek Elementary, there will need to be a measure taken that will ensure the properties have adequate separation. Stone Creek Elementary will be a closed campus and will utilize a fence along the perimeter of The Home Depot border to provide the enclosures and ensure the separation. Since the land parcel is adjacent and in close proximity to commercial space, The Home Depot and Wal-Mart, a standard fence will be installed that will provide adequate separation and to enforce the school's policy of a closed campus. The chain link fence will be four feet in height and will run along the perimeter of The Home Depot lot border. The color of the fence will be a neutral color and will blend in naturally with the environment to maintain the aesthetics of its surroundings. The Presbyterian Church is across the railroad tracks to the South of campus and should not conflict with its use. Since the school will operate Monday through Friday during a 9 month calendar year, traffic should not impact the use of the Church for its weekend services. The exterior of the building will be painted tan for the base and a rich forest green for the trim. 17.28.085 Zoning Applications 1. The application demonstrates a public purpose which the current zoning entitlements cannot achieve. The current PUD states that schools can be permitted through a Special Review Use process which will fit in with the overall master development plan for The Village at Avon. As the area continues to grow, so will the population. The school will assist in the growth process and will provide a viable education option to the Town of Avon residents as well as the residents in Eagle County. 2. 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. Even though the use of this property is temporary, Stone Creek Elementary will have an impact on the community of Avon. As the school establishes itself in the Avon community, the value of the area developments and its amenities will appeal to more potential families and households moving to the area. The school is currently looking at two permanent sites within the Town of Avon. 3. The flexibility afforded in approval of the zoning application will result in better sitting of the development, preserving valued environmental and cultural resources and increasing the amount of public benefit consistent with the community master plan documents. (Ord. 05-05 &1) As shown in the enclosed site plan, the school will be oriented on the land parcel that will follow that of Walmart and The Home Depot buildings. The school will comply with the overall master plan that calls for the building scales to decrease as you move away from the center of the development. There will be many improvements to the land, including the excavation and landscape that will lend itself aesthetically to the community. The restoration process will follow, once the term of the use has ended, which will provide back the land to the Town of Avon in a condition that satisfies there need for construction of the Public Works Facility and that stated in the Lease Agreement. Project Schedule JUL 1 Lease commences between Stone Creek Elementary and the Town of Avon JUL 17-31 Production of modular units in North Texas JUL 24—AUG 7 Water Tap / Sewer Tap JUL 24—AUG 7 Site excavation AUG 7-14 Delivery of modular units to Avon site AUG 15-22 Electrical / Natural Gas hookups AUG 15 -SEP 1 Installation / Construction of modular units at Avon site SEP 6 School Opens ABUTTING PROPERTIES WITHIN A 300 FOOT RADIUS: Owner: KRUEGER, CAROL D. & JOHN C. Address: PO BOX 1551 VAIL, CO 81658 Subdivision: MCGRADY ACRES / LOT 8 Owner: TRAER CREEK METRO DISTRICT Address: 141 UNION BLVD STE 150 LAKEWOOD, CO 80228 Subdivision: VILLAGE AT AVON FIL 11 TRACT C Owner: PRESBYTERIAN PARISH OF MINTURN Address: PO BOX 70 MINTURN, CO 81645 Subdivision: MCGRADY ACRES / LOT 9 Owner: TRAER CREEK -HD LLC Address: PO BOX 640 VAIL, CO 81658 Subdivision: VILLAGE AT AVON FIL 1 / LOT 4 Owner: TRAER CREEK METRO DISTRICT Address: 141 UNION BLVD STE 150 LAKEWOOD, CO `80228 Subdivision: VILLAGE AT AVON FIL 1 / TRACT A Owner: TOWN OF AVON Address: PO BOX 975 AVON, CO 81620 Subdivision: MCGRADY ACRES NOTICE OF PUBLIC HEARING TO: Whom it May Concern You are hereby notified pursuant to provisions of Section 17.12. 100 of the Avon Municipal Code, that a Public Hearing on a Special Review Use (SRU)ill be held and considered at the meeting of Planning and Zoning Commission of the Town of Avon, on '(I I b 0 G at 5:30 PM in the Avon Municipal Complex, 400 Benchmark Road, Avon, Colorado, at which time and place you are hereby invited to be present and be heard. PROPERTY OWNER(S): APPLICANT: LEGAL OF PROPERTY: ADDRESS OF PROPERTY: DESCRIPTION OF REQUESTED SRU: DEADLINE: PUBLIC REVIEW: Town of Avon PO Box 975 Avon, CO 81620 Stone Creek Elementary PO Box 208 Vail, CO 81658 Lot:5 Filing:I Subdivision: Village at Avon 0375 Yoder Avenue Avon, CO 81620 A request for review of a Special Review Use, pursuant to Section 17A8.020B of the Avon Municipal Code for temporary use of Lot 5 for an educational facility supporting a Charter School, which will provide public education for Kindergarten through eighth grade. There will also be a preschool program located within the facility. If you wish to be heard on this matter, you may appear personally or by desi at agent at the public hearing on 'I I 'A o OR you may file a written statement with the Recording Secretary, Town of Avon, P.O. Box 975, Avon, Colorado 81620. In order to be considered by the Planning and Zoning Commission, such written statement must be received in the Town offices no later than 4:00 PM, Tuesday, l8 2?ll 5" A copy of the application is available in the Community Development Office for review during regular business hours by the public. Sign up to receive meeting agendas at www.avon.ore. For further information, call 970.748.4030. J POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON: • MAIN LOBBY, AVON MUNICIPAL COMPLEXES • MAIN LOBBY, AVON RECREATION CENTER • MAIN LOBBY, ALPINE BANK • AVON CITY MARKET / Mailed and posted on 71 I 0 �' by xnu"nr r"ur.u.m .... w.."«.'•".'� a $ 'e�8urraau>z8ag �-.." �. �._ � .^',.. ��,,;,•-1� oaraoioo •eanr �o ruAu }, n me{unoy(p-ra�ulu .�.100HM X13Ll t00FgS AW1N3I1373 KiiN7 3N015 1 a9 ® 100Fp5 ANr1N3VQ13 M331A 3N01S 4 If / I 1 •mss qrs \ % :• 1 , \\ u \ \Ott pI I 1 I 00 � � ` • t '��Il� ® I 1 \ \ I It Wd 0I:8Z:Z1 900VOfl9'lInoAwl'8mP'oELOOABmREL009\S3Wa t� A1'6H- c Town District Planning Principles I:ker:.rnr t.. ,, r.•. :fit: iCtt Nwndabwn 4 f G.gMMbui _M District 8: Village at Avon East District The Village at Avon East District is the region's commercial center. It is intended to provide the Village at Avon West District with supporting commercial development and regional commercial uses associated with the I-70 and Post Boulevard interchange. The site is characterized by gently sloping topography along the valley floor with steeper slopes rising up to I-70. Planning Principles: • Create a unified and cohesive physical framework and community image (compatible building orientation, scale, massing, street alignments, streetscape furnishings, signage, lighting, etc.) between the Village at Avon West District and the rest of the Town. • Site buildings of various sizes (but smaller than those found in the West Town Center District) to maximize sun exposure, protect views, and break up building bulk. • Create a strong overall pedestrian -orientation with tree lined streets and walking paths. • Screen large regional commercial uses from 1-70 with trees and berms. Town of Avon Comprehensive Plan Page 85 AVON: Planning Areas J, K, L. M — Regional Commercial. (a) Purpose: IMP To provide sites for a variety of regionally oriented commercial, residential, lodging and service oriented uses and activities in order to serve the needs of residents and guests of the Upper Eagle River Valley. (b) Uses by Right: (i) Commercial uses including, but not limited to any activity for the purpose of generating retail business or consumer services with the intent of producing a financial profit including, but not limited to; retail stores, professional offices and businesses, banks and fuiancial institutions, personal services, food and beverage establishments, clubs and recreation and entertainment complexes. (ii) Residential uses including, but not limited to single-family, duplex and multi -family dwellings including interval ownership. (iii) Lodging facilities including, but not limited to hotel, motel and bed and breakfast. (iv) Public or private transportation, transit or parking facilities including, but not limited to bus, rail stations, tramways, gondolas and lifts. (v) Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings. (vi) Churches, museums, libraries and public buildings. (vii) Indoor and outdoor recreation and/or entertainment facilities. (viii) Parks and open space. (ix) Temporary real estate sales offices and construction offices. (x) For Planning Areas K, L and M: Service commercial uses including, but not limited to; service stations, auto repair, car wash, lumber yard, building materials sales and storage, rental and leasing businesses and automobile sales. (xi) For Planning Areas J, K, and L only: No more than two (2) retail stores occupied by a single retail business shall exceed 60,000 square feet of Commercial Space per store. 156101 14 M"YER 1111111 111111111111 11111 HIM IIII HIM III 1111111 II IN 677744 11/25/1998 01107P 304 Sara Fisher 21k of 21 0 498 00 a 0.00 N 0.00 Paola CO (xii) Additional uses which the Director of Community Development determines to be similar to uses by right. (xiii) Accessory Uses and Structures customarily appurtenant to uses by right. (c) Special Review Uses: (i) Medical facilities including, but not limited to offices, clinics, group and congregate care facilities, nursing homes and hospitals. (ii) Educational facilities including, but not limited to public and 1 private schools, universities, colleges and day care. I (iii) Emergency heliport. (iv) Outdoor entertainment facilities that include the use of amplified music. (v) For Planning Area M: In addition to those Special Review Uses listed above, the following use shall be Special Review Uses: Light industrial uses including, but not limited to manufacturing, repair, warehousing and distribution facilities; wholesale facilities; and indoor and outdoor storage, display and sale of equipment, supplies and merchandise. (vi) For Planning Area J: Service commercial uses including, but not limited to; service stations, auto repair, car wash, lumber yard, building materials sales and storage, rental and leasing businesses and automobile sales. (d) Building Setback Requirements: Front: 25' Side: 7.5' Rear: 10'. The setback adjacent to the Railroad Right -of -Way and the I-70 Right -of - Way shall be 20'. (e) Maximum Building Height: 48 feet. Single-family or duplex residential structures shall not exceed 35 feet. Non -habitable architectural features such as chimneys, towers, steeples and similar features shall be excluded from the calculation of building height. I Illlll lllll Illllll VIII Illll Illl IIIIII III Illllll II I'll 316NI 14 M�YER 677744 11/25/1998 01:07P 304 Sara Fisher 29 of 91 R 456.00 D 0.00 N 0.00 Eagle CO STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE CREEK ELEMENTARY 1. PARTIES. The parties to this Lease are the TOWN OF AVON, COLORADO (Town), a Colorado municipal corporation, and STONE CREEK ELEMENTARY (School), a Colorado Nonprofit Corporation. 2. PURPOSE AND AUTHORITY. The parties enter into this Lease for the benefit of the School for the education of the children of Eagle County. C.R.S. § 31-15- 713(1)(c) grants to the Town the right to enter into this Lease. 3. PREMISES. The Town hereby leases to the School the surface rights for the property described as Lot 5, The Village at Avon, Filing 1 (Premises), situated in the Town of Avon, Colorado. Attached as Exhibit A is a schematic map depicting the building, parking lot, playground, utililities and other improvements, all of which shall have the prior approval of the Town staff. Attached as Exhibit B are elevations of the building including depiction of its exterior construction. 4. COVENANT OF QUIET ENJOYMENT. The Town warrants that it owns the Premises in fee simple; that the property is clear and clear of all liens and encumbrances; and that it has the full right and authority to enter into this Lease. The Town warrants that the School shall enjoy the possession and use of the Premises in peace and without disturbance or interference. 5. TERM OF LEASE. This Lease shall commence on July 1, 2006 and shall continue for a period of one year, ending June 31, 2007. The Premises are currently in use by the Town for snow storage and in the future will be a permanent public works site. During the term of this Lease and for the term of this Lease, the Town will enter into a lease with Traer Creak RP, LLC for a replacement site described as a part of Tract B, The Village (at Avon), Filing 3. Upon termination of that lease, the Town will have an immediate need for the premises which is recognized by the School. This Lease will therefore not be renewed or extended for any reason. The School will inform its teachers, parents and students of this provision and will actively discourage them from any efforts, whether before the Town's council or in the press, seeking extension or renewal of this Lease. The School will provide the Town with quarterly written reports describing its efforts at locating a permanent site. 6. RENT. The School shall pay rent of TWENTY-ONE THOUSAND TWO HUNDRED Dollars ($21,200) per year, $5,000 of which shall be due and payable on the first day of the Lease, and the balance of which shall be due and payable on October 15, 2006. The School shall also pay any real property taxes assessed against the Premises and any additional insurance costs incurred by the Town. 7. OBLIGATIONS OF THE SCHOOL. 7.1 Use Restriction. The School shall use the Premises only for school purposes and in compliance with any and all restrictions contained in its Charter and state law, any and all restrictions contained in the approval of a special review use by the Town and any and all restrictions contained in the approval of the The Village Design Review Board. The School shall establish and maintain an outreach program for "at -risk" children and shall provide evidence thereof to the Town along with quarterly reports as to the success of that program. Any non -scholastic use of the Premises shall have the prior approval of the Town staff. In the event the School persists in using the Premises for a purpose other than school purposes in violation of this Lease or violates the restrictions as aforesaid, the Town may terminate this Lease by giving prior written notice of the violation. The School shall then cease using the Premises for the remainder of the term. 7.2 Right to Cure. Upon receipt of a notice of violation or presumption of abandonment, the School shall have the right to cure such violation within 10 days of such notice before the Town may terminate the School's leasehold interest for violation or initiate a civil action in the District Court for Eagle County, Colorado. 7.3 Purchase of Improvements. When this Lease is terminated, the School shall remove any and all improvements that it may have erected on the Premises and restore said premises to essentially the same condition which existed at the inception of this Lease, to the satisfaction of the Town. The School shall provide a restoration bond in the amount of $250,000, in the form of cash, letter of credit or other security acceptable to the Town in its sole discretion, to guarantee its compliance with this Subparagraph. 8. INDEMNIFICATION AND LIABILITY INSURANCE. To the extent permitted by law, the School shall indemnify and keep harmless the Town from: 1) any expense incurred by the Town in entering into and performing this Lease; 2) any and all losses, damages, charges or claims arising out of the operation of a school facility on Town property, including without limitation from any violations of The Village Design Review Board and Town approvals, the School's Charter or state law; 3) any and all losses, damages, charges or claims resulting from personal injury, death or property damages occurring on the Premises; and 4) any costs, including attorney's fees, whether of the Town Attorney or other attorneys, relating to 2) through 4) above. 8.1 The School shall place and maintain at all times, at its sole expense, a general liability insurance policy with respect to the Premises in which the limits of liability shall be not less two million dollars ($2,000,000) for each occurrence and with an annual aggregate coverage of not less than five million ($5,000,000). 8.2 All general liability insurance required of the School shall include the Town as an additional insured and shall include a provision requiring the insurer to give the Town thirty (30) days notice prior to cancellation. 8.3 Certificates of insurance issued by the insurer shall be filed by the School with the Town within 10 days after the date of this Lease is executed by the School. 9. PROPERTY INSURANCE. The School shall obtain and maintain during the term of the Lease and any renewal period, property insurance in an amount equal to or greater than the current appraised value of the school buildings and other improvements on the Premises to insure said improvements with respect to fire, flood, and other typical local hazards, and certificates of such insurance issued by the insurer shall be filed by the School with the Town within 10 days after the date of completion of the building and other improvements. The School agrees that if any or all of said improvements are damaged or destroyed, said damage shall be promptly repaired or replacement improvements promptly erected on the Premises by the School, applying thereto any insurance payments received by it; provided, however, that if said damage or destruction exceeds 50% of the current appraised value of said improvements, the School shall be required to repair or replace said improvements only in the event it is reasonable at that time for it to continue operating a school on the Premises. 10. UTILITIES. The School shall be responsible for all utilities furnished for the Premises. 11. MAINTENANCE. The'School shall keep and maintain the Premises, including improvements and vegetation, in a good clean and healthful condition, making repairs as necessary at its sole cost and expense. The School shall be responsible for snow removal at is sole cost and expense. 12. IMPROVEMENTS. The School may, with consent of the Town staff and at its sole cost and expense, at any time and from time to time make such alterations, changes, replacements, improvements and additions to the Premises and the buildings and improvements thereon as it may deem desirable, including the demolition of any building, improvement, and/or structure that now or hereafter may be situate or erected on the Premises, provided that the use of the Premises as a school site is not thereby permanently terminated or abandoned, nor curtailed for a period of time longer than reasonably required to effect such alterations, changes, replacements, improvements, or additions. 13. LIENS. The School shall not suffer or permit a lien to be asserted or filed against the Premises arising out of its operations or activities. If a lien is asserted or filed against the Premises, the School shall promptly cause the lien to be removed. Upon failure to do so, the Town may satisfy and cause the lien to be removed and the School agrees to reimburse the Town on demand for the costs and expenses of any such proceeding. 14. CONSULTATION. The parties acknowledge that, over the term of this Lease issues may arise concerning implementation of this Lease that the parties have not now contemplated. Recognizing that a high level of cooperation between the parties is necessary and desirable, the parties agree to consult with each other from time to time concerning this Lease. The parties further agree that their respective representatives will meet to conduct such consultation upon 10 days written request given by one party to the other party. In addition, each party shall from time to time designate in writing such party's "contact person" for all matters involving the administration of this Lease. 15. NOTICES. Any notice required or permitted by this Lease shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail. 16. DEFAULT AND/OR TERMINATION. All terms and conditions of this Lease are considered material. In the event that either party defaults in the performance of any of the covenants or agreements to be kept, done or performed by and under the requirements of this Lease, the non -defaulting party shall give the defaulting party written notice of such default, and if the defaulting party fails, neglects or refuses for a period of more than 10 days thereafter to cure the default, then the non -defaulting party, without further notice, may, in addition to any other remedies available to it, terminate all rights and privileges granted in this Lease and this Lease shall be of no further force or effect. If the non -defaulting party elects to treat this Lease as being in full force and effect, the non -defaulting party shall have the right to an action for damages. The Town further shall be entitled, in the event of default, l) to correct the default itself and to assess the cost thereof to the School, together with interest at the rate of eighteen (18) percent per annum accruing from the time of assessment and 2) to collect interest at the rate of eighteen (18) percent per annum from the time of default in the event of any monetary default. 17. WAIVER OF BREACH. The waiver by any party to this Lease of a breach of any term or provision of this Lease shall not operate or be construed as a waiver of any subsequent breach by any party. 18. ASSIGNMENT. Neither party to this Lease shall transfer or assign any interest in the Premises without first obtaining the written consent of the other party. 19. SEVERABILITY. If any provision of this Lease or its application is finally determined to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision shall be deemed to be severable, and all other provisions of this Lease shall remain fully enforceable, and this Lease shall be interpreted in all respects as if such provisipns were omitted. 20. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent.of this Lease. 21. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Lease. 22. INTEGRATION AND AMENDMENT. This Lease represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Lease may be amended only by an instrument in writing signed by the parties. 23. NO THIRD PARTY BENEFICIARIES. None of the terms, conditions or covenants set forth in this Lease shall give or allow any claim, benefit or right of action by any third person not a party to this Lease. Any person other than the parties to this Lease who or which receive services or benefits under this Lease shall be only an incidental beneficiary. 24. GOVERNING LAW. This Lease shall be deemed to have been made in the State of Colorado, shall be construed under the laws of the State of Colorado and shall be binding upon and inure to the benefit of the successors and assigns of the parties to this Lease. 25. IMMUNITIES PRESERVED. It is the intention of the parties that this Lease shall not be construed as a contractual waiver of any immunities or defenses provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., Colorado Revised Statutes. 26. DATE. 2006 STONE CREEK ELEMENTARY SCHOOL By: TOWN OF AVON By: Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) corporation. Subscribed and sworn to before me this day of 2006, by as President of Stone Creek Elementary School, a Colorado nonprofit Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF EAGLE The foregoing document was subscribed and sworn to before me this day of 2006, by Ronald C. Wolfe as Mayor and Patty McKenny as Town Clerk of the Town of Avon. My commission expires: Witness my hand and seal. Notary Public LEASE AGREEMENT THIS LEASE AGREEMENT (this "Agreement"), made effective as of the 15T day of July, 2006 ("Effective Date"), is among TRAER CREEK RP, LLC, a Colorado limited liability company ("Landlord") and the TOWN OF AVON, a municipal corporation of the State of Colorado ("Town' OR "Tenant'). RECITALS A. WHEREAS, Landlord is the owner of that certain real property, known as Tract B, The Village (at Avon) Filing 3, according to the plat thereof recorded June 29, 2004 at Reception No. 882176 of the Eagle County, Colorado real property records. Such Tract is also informally known as Planning Area N South on the Village (at Avon) PUD Development Sketch Plan. I B. WHEREAS, Landlord desires to lease 4.0 acres of the 5.765 parcel, known as Tract B (or Planning Area N South), to Tenant, as more specifically set forth in the attached map hereto and incorporated herein as Exhibit "A" ("the Premises"). Whereas Landlord further desires to grant Tenant access to the Premises as more specifically set forth in Exhibit "A." C. WHEREAS, Tenant desires to lease the Premises for a period of one year for snow, equipment and vehicle storage. D. WHEREAS, Landlord has agreed to allow Tenant to use the Premises for snow, equipment and vehicle storage, subject to the terms of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration paid by Tenant, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Grant of Lease to Tenant: Subject to the terms, covenants and conditions set forth in this Agreement, Landlord hereby leases the Premises to Tenant, and its employees, contractors, agents and invitees, to use and possess the Premises during the Term of this Agreement for storage of snow, equipment and vehicles. Landlord further grants to Tenant access to the Premises as specifically set forth in Exhibit A. Tenant shall use the Premises only for the purposes described in this Agreement. 2. Term of Lease: The term of this lease (the "Term") shall commence on the Effective Date hereof and terminate at 11:59 p.m. MST on the 365'h day following the Effective Date. 3. Additional Obligations: (a) Tenant shall, at its sole cost and expense, promptly comply with all applicable laws, rules and regulations relating to the Premises. Tenant shall further be obligated to comply with all environmental laws, federal and state rules and regulations and ordinances, as it would have to comply with such obligations on its own property. Tenant, however, shall not be obligated to do more than that which it is already obligated to do pursuant to those laws and should Tenant comply with those laws, Landlord shall hold Tenant harmless from any claims by Landlord, its successors or assigns arising out of the handling, treatment, storage or disposal of any hazardous or toxic substance as defined under any applicable state or federal law including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act. (b) Tenant shall keep the Premises in a neat, clean and sanitary condition, consistent with the uses set forth in this Agreement, at all times during the Term of this Agreement. 4. Alterations: Tenant shall make no material alterations, additions or improvements in or to the Premises without Landlord's prior written approval and consent for items and or improvements. 5. Insurance: (a) During the Term of this Agreement, Tenant shall maintain, at its sole cost and expense, the following policies of insurance: (i) Commercial general liability insurance in an occurrence format in an amount of $3,000,000 per occurrence, including the following coverages: contractual liability, personal injury, broad form property damage, and independent contractors insurance. Such policies shall include a provision requiring a minimum of 30 days' notice to Landlord of any change or cancellation. Landlord shall be named as an additional named insured as its interests may appear on this policy. (ii) Comprehensive automobile liability insurance on all vehicles used in connection with this Agreement, in an amount of $1,000,000 combined single limits for bodily injury and property damage, per occurrence. Tenant shall legally obligate its subcontractors, either contractually or otherwise, to obtain identical coverage. Landlord shall be named as an additional insured as its interests may appear on Tenant's and any subcontractor's policies. (b) During the Term of this Agreement, Landlord shall maintain, at its sole cost and expense, its current commercial general liability insurance on the immediately adjacent property to the Premises, known as Tract G, The Village (at Avon) Filing 3. 6. Ouiet Eniovment: Landlord covenants and agrees with Tenant that upon Tenant observing and performing all the terms, covenants and conditions of this Agreement on Tenant's part to be observed and performed, Landlord shall not, subject to Section 9, below, disturb Tenant's peaceable and quiet enjoyment of the Premises during the Term of this Agreement. 7. Acceptance of Premises: Taking possession of the Premises by Tenant shall be conclusive evidence against Tenant that the Premises were in good order and that the Town accepted the condition of the Property when possession was taken. Notwithstanding that fact, the Premises is made available to Tenant in its "as is" condition on the commencement date of the Tenn. 2 8. Landlord Access to Premises: Landlord and its agents, upon reasonable notice to Tenant, shall have the right to enter the Premises at all times to examine them, to show the Premises to prospective purchasers, mortgagees, lenders or others, and to make and perform such maintenance or repairs as Landlord may deem necessary or desirable, on the condition that Landlord shall use all reasonable efforts to minimize interference with the Tenant's operations. Further, absent a formal assignment of this Agreement, any new owner of the Premises shall also have the right of entry. 9. Assignment and Subletting: (a) Tenant shall not assign, convey, mortgage, hypothecate or encumber its rights in this Agreement at any time during the Term hereof without the prior written consent of Landlord. (b) Landlord may assign, convey, mortgage, hypothecate or encumber its rights and obligations in the Premises at any time during the Term hereof without the prior written consent of Tenant. 10. Indemnity: (a) To the full extent allowed by law, Tenant shall indemnify, defend and hold harmless Landlord, its subsidiaries and affiliates, and their respective agents, officers, directors, servants and employees of and from any and all costs, expenses (including without limitation reasonable attorneys' fees), liability, claims, liens, demands, actions and causes of action whatsoever arising out of or related to any loss, cost, damage or injury, including death of any person or damage to property of any kind, which damage, loss or injury is caused by the breach of this lease or the willful misconduct or negligent acts, errors or omissions of Tenant, its subcontractors or any person directly or indirectly employed by them, or any of them, while engaged in any activity on or associated with the Premises. (b) To the full extent allowed by law, Landlord shall indemnify, defend and hold harmless Tenant, its agents, officers, directors and employees of and from any and all costs, expenses (including without limitation reasonable attorneys' fees), liability, claims, liens, demands, actions and causes of action whatsoever arising out of or related to any loss, cost, damage or injury, including death of any person, or damage to property of any kind, which damage, loss or injury is caused by the breach of this lease or the willful misconduct or negligent acts, errors or omissions of Landlord, its subcontractors or any person directly or indirectly employed by them, Traer Creek Metropolitan District, or any of them, while engaged in any activity on or associated with the Premises. 11. Default: If either party neglects or fails to perform or observe any of the terms or covenants herein contained to be performed or observed by that party, and that defaulting party fails to remedy such default within ten (10) days after receiving written notice specifying such neglect or failure (or within such period, if any, as may be reasonably required to cure such default if it is of such nature that it cannot be cured within such 10 -day period, provided that the defaulting party commences to remedy such default within such ten-day period and proceeds with reasonable diligence thereafter to cure such default), that party shall be declared in default of this Agreement. 3 12. Remedies: If Tenant shall default under this Agreement as set forth in Section 11, Landlord shall have all remedies at law or equity, including but not limited to Landlord's right to terminate this Agreement, re-enter and take possession of the Premises and/or pursue any statutorily mandated court proceeding. If Landlord shall default under this Agreement as set forth in Section 11, Tenant shall have all remedies at law or equity, including but not limited to the remedies of specific performance or termination of this Agreement. The remedies of Landlord and Tenant shall be cumulative and the exercise of one remedy shall not be deemed to have been an election of remedies to the exclusion of any other remedies available. No delay or omissions by either party to exercise any right or power arising from a breach by the other party of any of the terms of this lease shall impair any such right or power or shall be construed to be a waiver of any breach or an acquiescence therein. 13. End of Term: At the expiration of or earlier termination of this Agreement, Tenant shall quit and surrender the Premises to Landlord in as good order as they were in on commencement date of the Agreement and with no material change from the condition they were in on that same date, with all temporary improvements thereon removed, subject to the provisions of 3(a) hereof. 14. Waiver of Subrogation: Landlord and Tenant respectively waive all rights of recovery against the other, or the officers, directors, employees and agents of the other, for loss of or damage to such waiving party of its property or the property of the other under its control, arising from any cause insured against under the standard form of fire insurance policy (with all permissible extension endorsements covering additional perils) or under any other policy of insurance carried by such waiving party in lieu thereof. 15. Holdover By Tenant: In the event Tenant remains in possession of the Premises after the expiration of this Lease, and without the execution of a new lease, Tenant, at the option of Landlord shall be deemed to be occupying the Premises as a Tenant from month to month. Tenant shall be entitled to occupy the Premises at the current rental rate for a period of six months. Thereafter, Tenant shall be required to pay to Landlord rent in the amount of $1,666.00 per month, constituting fair market value of the Premises. Rent shall be paid on the I` day of the month. During the holdover period in question, all of the terms and conditions hereof then in effect (excepting the rent provision) shall remain in effect for the entire holdover period. 16. Subordination Non -disturbance and Attornment: (a) This Lease is also subject and subordinate to any mortgage which may hereafter affect this Lease or the real property of which the Premises are a part provided that (a) each such mortgage shall contain a provision in substance and effect that the Mortgagee, by acceptance of the mortgage, covenants and agrees on behalf of itself and those at any timc holding by, through or under it, for the benefit of Tenant, and those, at any time holding by, through or under Tenant, that unless Tenant shall have suffered an Event of Default under the provisions of this Lease and notice of termination of this Lease shall have been given as provided in this Lease and not revoked, the holder of any such mortgage to which this Lease may be subordinated shall not name orjoin Tenant or anyone holding by, through or under Tenant as a party defendant or otherwise in any suit, action or proceeding for the foreclosure of such mortgage or in any manner interfere with Tenant's rights hereunder and Tcnant shall not be disturbed in its enjoyment of the Premises or its interests herein by the Mortgagee or anyone holding by, rd through or under the Mortgagee to the end that this Lease and the possession of the Premises by Tenant shall not be disturbed or affected by reason of such foreclosure. In lieu of the non- disturbance provision being contained in the mortgage, such provision can be contained in a separate non -disturbance agreement delivered by such mortgagee to Tenant which agreement Tenant shall promptly execute upon request. (b) This clause shall be self -operative and no further instrument of subordination shall be required by any mortgagee, affecting any lease or the real property of which the Premises are a part. In confirmation of such subordination, Tenant shall execute promptly any certificate that Landlord may request. 17. Notice: Any notice, demand or communication which either party may desire or be required to give to the other party shall be in writing and shall be deemed sufficiently given or rendered if delivered personally or sent by first class United States mail, postage prepaid, addressed as follows: If to LANDLORD: Traer Creek RP, LLC P.O. Box 9429 322 E. Beaver Creek Blvd. Avon, Colorado 81620 If to TENANT: Town of Avon P.O. Box 975 400 Benchmark Road Avon, CO 81620 Either party shall have the right to designate in writing, served as provided above, a different address to which any notice, demand or communication is to be mailed. 18. Certificates: Landlord and Tenant shall, without charge, at any time and from time to time, within ten (10) days after request by the other, execute, acknowledge and deliver an estoppel certificate containing such information as the party requesting the same may reasonably request. 19. Paraaranh Headiness Paragraph or other headings contained in this Agreement are for referenced purposes only and are not intended to affect in any way the meaning or interpretation of this Agreement. 20. Bindine Effect: This Agreement will not be binding on or constitute evidence of a contract between the parties until such time as it has been executed by each party and an original thereof delivered to each other party to this Agreement and Ratification has occurred. 21. Additional Documentation: At all times, the parties hereto agree to execute and deliver, or to cause to be executed and delivered, such documents and to do, or cause to be done, such other acts and things as might reasonably be required in order to confirm or effectuate the provisions of this Agreement. 22. No Representations or Warranties: There are no representations and warranties by the parties, their agents, servants•and employees whether oral or in writing, relating to or concerning this Agreement other than as specifically set forth herein. Each of the parties hereto warrants and represents to the other that it is authorized or empowered to enter into this Agreement and perform the terms hereof. 23. Entire Agreement: This Agreement constitutes the entire agreement between the parties hereto and supersedes all prior written and oral agreements and understanding relating to the subject matter hereof. 24. Modification: This Agreement may not be modified, amended or discharged except by an instrument in writing signed by the parties hereto. No waiver or consent may be enforced unless such waiver or consent shall be in writing and signed by the parry against whom enforcement thereof is sought. 25. Applicable Law: This Agreement shall be governed by the laws of the State of Colorado. 26. Successors and Assigns: This Agreement shall be binding upon, and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns. 27. No Negative Inference Against Preparer: This Agreement is the result of negotiations between the parties, each of whom is represented by counsel of its own choosing. All parties shall be deemed to have drawn this Agreement and no negative inference or interpretation shall be made by a court against the party whose counsel drafted this Agreement. 28. No Modification to PUD: This Lease Agreement and the intended use of the Premises are permitted by and do not require or effect a modification to or amendment of the Annexation and Development Agreement between Traer Creek and the Town of Avon, the Village (at Avon) PUD Guide, or the associated PUD Development/Sketch Plan (collectively, the "Development Plan"). Operation on an interim basis of snow, equipment and vehicle storage at the location specified in and otherwise subject to the terms and conditions of this Lease Agreement will not be construed as limiting any future uses within Tract B, The Village (at Avon) Filing 3 that otherwise are permitted under the Development Plan, or as effecting a waiver by Owner or the Town of any rights under the agreements constituting the Development Plan. Operations of the Town pursuant to this Lease Agreement are intended to be on an interim basis only, and do not constitute a commitment by Landlord that the Town's operations will be housed on a permanent or semi-permanent basis at this location or otherwise within the Village (at Avon). 29. Traer Creek Design Review and Special Review Use: Landlord shall not unreasonably withhold any approval by the Traer Creek Design Review Board to the Town of Avon or unreasonably withhold any consent to the special review use by the Town of Avon, and for which relate to any matter necessary to carry out the purpose of this Agreement. IN WITNESS WHEREOF, the Parties have hereunto caused this Lease Agreement to be executed on their behalf the day and year first above written. TRAER CREEK RP, LLC, a Colorado limited liability company 0 Name: TOWN OF AVON, a municipal corporation of the State of Colorado M Name: Title: Title: LICENSE AGREEMENT THIS LICENSE AGREEMENT (this "Agreement"),. made effective as of the_ day of , 2006 ("Effective Date"), is among TRAER CREEK RP, LLC, a Colorado limited liability company ("Licensor") and the TOWN OF AVON, a municipal corporation of the State of Colorado ("Town" OR "Licensee"). RECITALS A. WHEREAS, Licensor is the owner of that certain real property known as Tract B. The Village (at Avon) Filing 3, according to the plat thereof recorded June 29, 2004 at Reception No. 882176 of the Eagle County, Colorado real property records (the "Premises"). B. WHEREAS, Licensee desires to license the Premises for a period of one year foi snow, equipment and vehicle storage. C. WHEREAS, the Licensor has agreed to allow the Licensee to use the Premises for storage subject to the terms of this Agreement. AGREEMENT NON'f, THEREFORE, in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration paid by Licensee, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Grant of Licensee: Subject to the terms, covenants and conditions set forth in this Agreement, Licensor hereby grants a license (the "License") to Licensee, and its employees, contractors; agents and invitees, to use and possess the Premises during the Term of this Agreement for storage of snow, equipment and vehicles. Licensee shall use the Premises only for the purposes described in this Agreement. 2. Term of License: The term of this license (the 'Tenn") shall commence on the Effective Date hereof and terminate at 11:59 p.m. MST on the 365'h day following the Effective Date. 3 Subordination: This license is subject and subordinate to the lien of the mortgage now affecting the Premises and to the lien of any extension, modification or refinancing of said mortgage (such existing mortgage, as the same may be extended, modified or refinances is called the "Mortgage") with either the same lender or any subsidiary, parent or affiliate of such lender (such holder being called the "Mortgagee"). The foregoing provisions of subordination shall be self -operative and no further instrument of subordination shall be required. However, Licensee shall, at the request of either Licensor or the Mortgagee, promptly execute, acknowledge and deliver an agreement confirming such subordination on the form of Subordination Agreement customarily used by the Mortgagee. 4. Additional0blieations: (a) Licensee shall, at its sole cost and expense, promptly comply with all applicable laws, rules and regulations relating to the Premises. Licensee shall further be obligated to comply with all environmental laws, rules, regulations and ordinances, as it would have to comply with such obligations on its own Property. Licensee, however, shall not be obligated to do more than that which it is already obligated to do pursuant to those laws and should Licensee comply with those laws, Licensor shall indemnify and hold Licensee harmless from any action by any third party regarding the same. (b) Licensee shall keep the Premises in a neat, clean and sanitary condition at all times during the Tetra of this Agreement. 5. Alterations: Licensee shall make no alterations, additions or improvements in or to the Premises without Licensor's prior written approval and consent for items and or improvements. 6. Insurance: (a) During the Term of this Agreement, Licensee shall maintain, at its sole cost and expense, the following policies of insurance: (i) Commercial general liability insurance in an occurrence format in an amount of $3,000,000 per occurrence, including the following coverages: contractual liability, personal injury, broad form property damage, and independent contractors insurance. Such policies shall include a provision requiring a minimum of 30 days' notice to Licensor of any change or cancellation. Licensor shall be named as an additional named insured as its interests may appear on this policy. (ii) Comprehensive automobile liability insurance on all vehicles used in connection with this Agreement, in an amount of $1,000,000 combined single limits for bodily injury and property damage, per occurrence. Licensee shall legally obligate its subcontractors, either contractually or otherwise, to obtain identical coverage. Licensor shall be named as an additional insured as its interests may appear on Licensee's and any subcontractor's policies. 7. Quiet Eniovment: Although Licensor shall also be permitted to utilize the Premises for any purposes not inconsistent with Licen'see's use pursuant to the terms of this Agreement, Licensor covenants and agrees with Licensee that upon Licensee observing and performing all the terms, covenants and conditions of this Agreement on Licensee's part to be observed and performed, Licensor shall not, subject to Section 9, below, disturb Licensee's peaceable and quiet enjoyment of the Premises during the Term of this Agreement. S. Acceptance of Premises: Taking possession of the Premises by Licensee shall be conclusive evidence against Licensee that the Premises were in good and satisfactory condition when possession was taken. Notwithstanding that fact, the Premises is made available to Licensee in its "as is" condition on the commencement date of the Term. 9. Licensor Access to Premises: Licensor and its agents shall have the right to enter and use the Premises at all times to examine them, for storage, to show the Premises to prospective FA purchasers, mortgagees, lenders or others, and to make and perform such maintenance or repairs as Licensor may deem necessary or desirable, on the condition that Licensor shall use all reasonable efforts to minimize interference with the Licensee's operations. Further, absent a formal assignment of this Agreement, any new owner of the Premises shall also have the right of entry. 10. Assienment and 5ublenine: (a) Licensee shall not assign, convey, mortgage, hypothecate or encumber this Agreement at any time during the Term hereof without the prior written consent of Licensor. (b) Licensor may assign, convey, mortgage, hypothecate or encumber its rights and obligations under this Agreement at any time during the Term hereof without the prior written consent of Licensee. H. Indemnity: (a) To the full extent allowed by law, Licensee shall indemnify, defend and hold harmless Licensor, its subsidiaries and affiliates, and their respective agents, officers, directors, servants and employees of and from any and all costs, expenses (including without limitation reasonable attorneys' fees), liability, claims, liens, demands, actions and causes of action whatsoever arising out of or related to any loss, cost, damage or injury, including death of any person or damage to property of any kind, which damage, loss or injury is caused by the intentional or negligent acts, errors or omissions of Licensee, its subcontractors or any person directly or indirectly employed by them, or any of them, while engaged in any activity on or associated with the Premises. (b) To the full extent allowed by law, Licensor shall indemnify, defend and hold harmless Licensee, its agents, officers, directors and employees of and from any and all costs, expenses (including without limitation reasonable attorneys' fees); liability, claims; liens, demands, actions and causes of action whatsoever arising out of or related to any loss, cost; damage or injury, including death of any person, or damage to property of any kind, which damage, loss or injury is caused by the intentional or negligent acts, errors or omissions of Licensor, its subcontractors or any person directly or indirectly employed by them, or any of them, while engaged in any activity on or associated with the Premises. 12. Termination by Morteaeee: This License may be terminated by written notice by the Mortgagee at any time after it sends a notice of default pursuant to the Mortgage to the Licensor. Upon the sending of such notice, this License shall be deemed terminated effective upon the third business day after the sending of such notice as if such date had been set forth in this Agreement as the last day of the Term. 13. Default: if either party neglects or fails to perform or observe any of the terms or covenants herein contained to be performed or observed by that party, and that defaulting party fails to remedy such default within ten (10) days after receiving written notice specifying such neglect or failure (or within such period, if any, as may be reasonably required to cure such default if it is of such nature that it cannot be cured within such 10 -day period, provided that the defaulting party commences to remedy such default within such ten-day period and proceeds 3 with reasonable diligence thereafter to cure such default), that party shall be declared in default of this Agreement. 14. Remedies: If Licensee shall default under this Agreement as set forth in Section 13, Licensor shall have all remedies at law or equity, including but not limited to Licensor's right to terminate this Agreement, re-enter and take possession of the Premises and/or pursue any statutorily mandated court proceeding. Licensor's remedies shall be cumulative and the exercise of one remedy shall not be deemed to have been an election of remedies to the exclusion of any other remedies available. If Licensor shall default under this Agreement as set forth in Section 13, Licensee shall have the remedies of specific performance or termination of this Agreement. No delay or omissions by either party to exercise any right or power arising from a breach by the other party of any of the terms of this license shall impair any such right or power or shall be construed to be a waiver of any breach or an acquiescence therein. 15. End of Term: At the expiration of or earlier termination of this Agreement, Licensee shall quit and surrender the Premises to Licensor in as good order and condition as of the commencement date hereof, normal wear and tear excepted, with all temporary improvements thereon removed. 16. Waiver of Subrogation: Licensor and Licensee respectively waive all rights of recovery against the other, or the officers, directors, employees and agents of the other, for loss of or damage to such waiving party of its property or the property of the other under its control, arising from any cause insured against under the standard form of fire insurance policy (with all permissible extension endorsements covering additional perils) or under any other policy of insurance carried by such waiving party in lieu thereof. 17. Notice: Any notice, demand or communication which either party may desire or be required to give to the other party shall be in writing and shall be deemed sufficiently given or rendered if delivered personally or sent by first class United States mail, postage prepaid, addressed as follows: If to LICENSOR: Traer Creek RP, LLC P.O. Box 9429 322 E. Beaver Creek Blvd. Avon, Colorado 81620 If to LICENSEE: Town of Avon P.O. Box 975 400 Benchmark Road Avon, CO 81620 Either party shall have the right to designate in writing, served as provided above, a different address to which any notice, demand or communication is to be mailed. 18. License Only: This License shall be deemed to create only the relationship of Licensor -Licensee between the parties and shall, in no event, be deemed to create any other relationship, including, without limitation, landlord -tenant, principal -agent; master -servant, employer-employee or panneryoint venturer. This License is personal to Licensee, does not create a servitude, does not run with the land, and shall not be recorded in the real property records as an encumbrance against the Premises. 19. Certificates: Licensor and Licensee shall, without charge, at any time and from time to time, within ten (10) days after request by the other, execute, acknowledge and deliver an estoppel certificate containing such information as the party requesting the same may reasonably request. 20. Paragraph Headings: Paragraph or other headings contained in this Agreement are for referenced purposes only and are not intended to affect in any way the meaning or interpretation of this Agreement. 21. Binding Effect: This Agreement will not be binding on or constitute evidence of a contract between the parties until such time as it has been executed by each party and an original thereof delivered to each other party to this Agreement and Ratification has occurred. 22. Additional Documentation: At all times, the parties hereto agree to execute and deliver, or to cause to be executed and delivered, such documents and to do, or cause to be done, such other acts and things as might reasonably be required in order to confirm or effectuate the provisions of this Agreement. 23. No Representations or Warranties: There are no representations and warranties by the parties, their agents, servants and employees whether oral or in writing, relating to or concerning this Agreement other than as specifically set forth herein. Each of the parties hereto warrants and represents to the other that it is authorized or empowered to enter into this Agreement and perform the terms hereof. 24. Entire Agreement: This Agreement constitutes the entire agreement between the parties hereto and supersedes all prior written and oral agreements and understanding relating to the subject matter hereof. 25. Modification: This Agreement may not be modified, amended or discharged except by an instrument in writing signed by the parties hereto. No waiver or consent -may be enforced unless such waiver or consent shall be in writing and signed by the party against whom enforcement thereof is sought. 26. Applicable Law: This Agreement shall be governed by the laws of the State of Colorado. 27. Successors and Assigns: This Agreement shall be binding upon, and inure to the benefit of the parties hereto and their respective heirs, executors; administrators, successors and permitted assigns. 28. No Neeative Inference Against Preparer: This Agreement is the result of negotiations between the parties, each of whom is represented by counsel of its own choosing. All parties shall be deemed to have drawn this Agreement and no negative inference or interpretation shall be made by a court against the party whose counsel drafted this Agreement. 29. No Modification to PUD: This License Agreement and the intended use of the Premises are permitted by and do not require or effect a modification to or amendment of the Annexation and Development Agreement between Traer Creek and the Town of Avon. the Village (at Avon) PUD Guide, or the associated PUD Development/Sketch Plan (collectively; the "Development Plan"). Operation on an interim basis of snow, equipment and vehicle storage at the location specified in and otherwise subject to the terms and conditions of this License Agreement will not be construed as limiting any future uses within Tract B, The Village (at Avon) Filing 3 that otherwise are permitted under the Development Plan, or as effecting a waiver by Owner of any rights under the agreements constituting the Development Plan. Operations of the Town pursuant to this License Agreement are intended to be on an interim basis only, and do not constitute a commitment by Licensor that the Town's operations will be housed on a permanent or semi-permanent basis at this location or otherwise within the Village (at Avon). IN WITNESS WHEREOF, the Pariies have hereunto caused this License Agreement to be executed on their behalf the day and year first above written. TRAER CREEK RP, LLC, TOWN OF AVON, a Colorado limited liability company a municipal corporation of the State of Colorado 0 Name: M Name: Title: Title: 0 TOWN OF AVON RESOLUTION 06-29 A RESOLUTION APPROVING A LICENSE AGREEMENT BETWEEN THE TOWN AND TRAER CREEK RP, LLC WHEREAS, by Resolution No. 06-30 the Town Council will approve a STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE CREEK ELEMENTARY ("the School Lease") whereby the Town will lease Lot 5, The Village at Avon, Filing 1 ("Lot 5"), to Stone Creek Elementary for a term from July 1, 2006, to June 30, 2007; and . WHEREAS, Lot 5 is currently designated as a public works site pursuant to the Annexation and Development Agreement for The Village (at Avon); and WHEREAS, Traer Creek RP, LLC has proposed to enter into a LICENSE AGREEMENT to provide to the Town an alternative public works site during the term of the School Lease; NOW, THEREFORE, BE IT RESOLVED: 1. The LICENSE AGREEMENT, a copy of which is filed with the minutes of this meeting, is hereby approved. 2. All action heretofore taken by the officers of the Town of Avon relating to the same is hereby ratified, approved and confirmed. 3. This Resolution is contingent upon the adoption of Resolution No. 06-30. ADOPTED at a regular meeting of the Town Council of the Town of Avon the 13th day of June, 2006. ATTEST: Patty McKenny, Town Clerk C Ronald C. Wolfe, Mayor 7vi C O L O R A D O Office of the Town Manager To: Honorable Mayor and Town Council From: Larry Brooks, Town Manager Date: June 9, 2006 Regarding: Resolutions 6-29 and 6-30. Temporary public works site and charter school site. At council's direction from the last meeting, we have worked with the parties involved tc develop the above referenced documents. The license agreement (resolution 6-29) for Tract B must be approved in order for the Town to move the public works uses to the temporary site being offered by Traer Creek. This approval must precede the approval of the lease agreement between the Town of Avon and Stone Creek Elementary, which authorizes the temporary use of the Town site for the school. Both or these agreements have one year terms with no provision for extensions. It is our opinion that any longer term agreement between the Town and the school would have to be approved by ordinance. The implications of the effective date of such legislation are not compatible with the urgency expressed by the school. Each contractual document is summarized below. License Agreement for Tract B This agreement was generated by Inga Causey but appears to be a form document that for .the most part, is acceptable to the staff with the exception of the following issues: First, paragraph 3 subordinates the license to the lien of the mortgage on, presumably, all the holdings of Traer Creek RP, LLC. It is assumed this issue can not be resolved. Second, paragraph 4 and 5 seem to be in conflict. We are currently required to promptly comply with all laws rules and regulations that might apply to this site in paragraph 4, but expressly not allowed to do so in paragraph 5 without prior approval. t4 • Page 2 June 9, 2006 Third, paragraph 9 allows Traer Creek access to the site for storage, maintenance and repairs. Tract B is 5.78 acres compared to the Town site of 4 acres. Traer Creek desires to use the rest of the site. Perhaps this can be resolved by limiting the area to be leased, but we believe it would be inappropriate to expose the Town for damages or repairs to a site that is being used by others. Finally, we have requested indemnification by Traer Creek, its successors and assigns against environmental claims. This request has neither been agreed to or rejected. It is hoped that these issues will be resolved by the council meeting. The council will need to make its own determination whether to bear the risk of termination of the lease through foreclosure. Stone Creek Elementary School Lease for Lot 5 (Public Works Site) This lease was modeled after the lease between the Eagle County School District and the Town of Vail for Red Sandstone Elementary School. This lease is for one year as earlier stated and is commensurate with that for the license agreement with Traer. The resolution approving the lease is contingent upon approval of an agreement between the Town and Traer for an alternative public works site. At the direction of the council, we have arrived at a lease rate which reflects a value to the Town. Based on the fact that the Town itself is no longer using this property during the term of the lease, we would benefit from the fact that 13.339 mills would be assessed the property in taxes if it were sold. The assessed value of the property is $534,540, which would result in a tax obligation of $7130.23 per year. A restoration fee of $250,000 has been included. That amount is the best estimate staff has for removal of the building and restoration of the site. We have expressed to the school a willingness to refine this number based on an estimate from the building supplier as to the cost of removal of the building to be used. If that information is convincing that the current fee is too high, it should be adjusted downward. Again, we may have more information by the council date. TOWN OF AVON VON cu PLANNING & ZONING COMMISSION RESOLUTION NO. 06-13 A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT TO OPERATE A CHARTER SCHOOL AT LOT 5, FILING 1, VILLAGE AT AVON SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Stone Creek Elementary applied for a Special Review Use permit to establish a charter school, as stipulated in Title 17.08.360 of the Avon Municipal Code; and WHEREAS, a public hearing was held and considered by the Planning & Zoning Commission on July 18, 2006; and WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered the following: A. Whether the proposed use otherwise complies with all requirements imposed by the zoning code; and B. Whether the proposed use is in conformance with the town Comprehensive Plan; and C. Whether the proposed use is compatible with adjacent uses; and D. That the granting of the special review use requested provides evidence of substantial compliance with the public purpose provisions as follow: The application demonstrates a public purpose which the current zoning entitlements cannot achieve. 2. 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. 3. 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. N OW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado hereby approves a school use, as stipulated in Title 17.08.360 of the Avon Municipal Code for Lot 5, Filing 1, Village at Avon Subdivision, Town of Avon, Eagle County, Colorado based upon the following findings: 1. That the proposed use otherwise complies with all requirements imposed by the Zoning Code. 2. That the proposed use is in conformance with the Town Comprehensive Plan. 3. The proposed use is compatible with adjacent uses. 4. The application demonstrates a public purpose which the current zoning entitlements cannot achieve. 5. 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. 6. 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. Subject to the following conditions: 1. This permit is for one year and must be re -reviewed and extended, if the elementary school wishes to continue operating, no later than July 18, 2007. 2. Village (at Avon) Design Review Board letter of approval for building and associated improvements must be received by Community Development prior to construction. 3. 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 18th DAY OF JULY, 2006 Sighed: Attest: Date: . Chair Date: Secretary FAPlnnning & Zoning Conrniission\ResnlutionA200b Res 061313 VAA school SRU 1 yrdor v Staff Report SIGN DESIGN AVON cu �u"Auu July 18, 2006 Planning & Zoning Commission meeting Report date July 7, 2006 Sign type Building Mounted Sign Legal description Lot 25, Block 1, Benchmark at Beaver Creek Subdivision Zoning Industrial Commercial (IC) Address 850 Nottingham Road Introduction The applicant, Corporate Identity Solutions (CIS), is proposing a sign for the new property owners named U -Store It. The sign would be the same size and design as the current "Self Storage" sign. The proposed sign would be internally illuminated with channel letters and would be positioned vertically like the current sign orientation. A similar sign design was reviewed by the Planning Commission at the June 6, 2006 meeting. The previous design was denied by the Commission due to conflicts with the following review criteria: 3. The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property; and 4. The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be impaired. There were concerns to the bright "regal red" color of the previous design, and the intensity of lighting which was double -stroke internal neon behind white letters. Attached to this report is a picture showing the existing sign and a visual representation of the new proposed sign. The Sign Code requires that the Planning and Zoning Commission review all signs not part of an already approved Master Sign Program. Design Review Considerations According to the Town of Avon Sign Code, Section 15.28.070, the Planning & Zoning Commission shall consider the following items when reviewing this sign design application: 1. The suitability of the improvement, including materials with which the sign is to be constructed and the site upon it is to be located. The Sign Code encourages quality sign materials, including "anodized metal; routed or sandblasted wood, such as rough cedar or redwood; interior lit, individual Town of Avon Community Development (970) 748.4030 Fax (970) 949-5749 Lot 25, Block I, Benchmai . Beaver Creek Subdivision, U -Store -It Sign D,_ on July 18, 2006 Planning & Zoning Commission meeting Page 2 of 3 plexiglass -faced letters; or three-dimensional individual letters with or without indirect lighting." The existing "Self Storage" cabinet is to remain behind the new proposed sign which would include the fabrication of a new routed aluminum face and channel letters. Sign location would be same as existing. The property is limited for sign placement options, and there is no room (with required setback) for a freestanding sign. 2. The quality of the materials to be utilized in any proposed Improvement. The proposed materials are appropriate for the project. 3. The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property. This would be one of the most visible signs in Avon, with high exposure to Interstate 70 and Nottingham Road. Traveling from the west to east, the sign would be somewhat obscured with a large existing tree which blocks sightlines. According to Code, sign lighting should be "no greater wattage than is necessary to make the sign visible at night" according to Code. The lighting remains the same as the previous design with double -stroke 13mm white neon internal lighting. Staff recommends that a diffuser film be used for lettering in order to soften the brightness and to comply with Town Code by limiting lighting to a 'no greater than necessary'. Further, the Commercial Design Guidelines encourage "well-designed and constructed signs that attract attention, create a sense of quality and contribute to the overall urban character of the Town." 4. The objective that no improvement will be so similar or dissimilar to other signs In the vicinity that values, monetary or aesthetic, will be Impaired. It is Staff's opinion that there will be no monetary or aesthetic values impaired with this sign if the available 3M brand diffuser film is utilized to soften the lighting with white lettering. There are similar signs in the area. 5. Whether the type, height, size, and/or quality of signs generally complies with the Sign Code, and are appropriate for the project. The proposed sign generally complies with the Sign Code in terms of size and construction quality. The sign would be 2'x 20', or 40 square feet. For an individual business property the Sign Code permits one (1) square foot of sign area per lineal foot of building front. 6. Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is appropriate for the determined orientation. The primary orientation of the proposed signage is to automobile traffic which is appropriate given its proposed location, size, and orientation facing Nottingham Road and the Interstate. Town of Avon Community Development (970) 7484030 Fax (970) 949.5749 Lot 25. Block I. Benchmark raver Creek Subdivision, U -Store -It Sign Des.__ July 18. 2006 Planning & Zoning Commission meeting Page 3 of 3 Recommendation Staff recommends approval of the sign design application for Lot 25, Block 1, Benchmark at Beaver Creek Subdivision. See recommendation below. Recommended Motion "I move to approve this sign design application for U -Store -It on Lot 25, Block 1, Benchmark at Beaver Creek Subdivision with the following conditions: 1. Lettering will utilize "3M Vinyl Diffuser Film" with 30% light transmission. 2. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative in this application and in public hearing shall be adhered to and considered binding conditions of approval." If you have any questions regarding this project or any planning matter, please call me at 748.4030 or stop by the Community Development Department. Respectfully submitted Matt Pielstick Planner I Attachments: o Aerial Photograph o Sign Design Town of Avon community Development (970) 748-4030 Fax (970) 949.5749 �-o W 1A z 1O a Q W V 0 �O _z" F W L X r_ W W V LL W cr W W U v W 0 N z i O v Z a O o O w p a z Q WW O d NW W J 0 J< W O Z F W ��° =Qz r~,zz ¢� z w N pmzZd�n�d F V W Q W Q Q J H m J 4 z U V O w Z Z V R O W Q W w nm U N W LL Q LL H? ME IN iiaaois•n 4 N 8 go mz r r] BMBC - Blk 1, Lot 25 e [6LpOtp2,5,ty7.vON Boundaries o 625 125 •w• m.o.m..w..n.... mn 0 Staff Report I FINAL DESIGN PLAN VON C O L O R A D O July 18, 2006 Planning & Zoning Commission meeting Report date July 11, 2006 Project type Single -Family w/Accessory Apartment Legal description Lot 24, Block 4, Wildridge Subdivision Zoning 2 Units — Residential Duplex Address 5581 Coyote Ridge Introduction Andrew Abraham is proposing the "Farr Homestead", a single-family home (with potential accessory apartment) on Coyote Ridge road in Wildridge. This is a custom designed home for Mike Farr who is the property owner and builder. The architecture includes barn features, stable, silo, corncrib and other farmhouse elements. The property is big for the Wildridge PUD with 1.61 acres, and is situated on the downhill side of Coyote Ridge at the cul-de-sac. Existing grades are relatively steep off the roadway for the initial 25', most likely a result of roadway fill material during construction of Coyote Ridge. The grades lessen once onto the buildable portion of the site and the lot is clipped in half by a platted 30' Utility Easement. All disturbances would take place above this Easement. The building is large with over 11,450 square feet of enclosed space. There are five enclosed parking spaces, 6,900 square feet of living space, a 438 square foot office, and 1000+ square foot apartment above the garages in the "Barn" portion of building. The building has several 'wings' composing the structure which is connected by bridges and silo features. The proposed building materials are of high quality and include: dry stack stone veneer siding, wood siding (both vertical board on board, and horizontal 4" board on board), rusted corrugated metal corten siding and roofing, metal clad windows, metal/glass doors, heavy asphalt 'water shield shingle roofing, and wrought iron newels. The applicant is proposing the use of reclaimed wood siding as one of the primary building materials. This design appears to adhere to the Residential Design Guidelines and has addressed some of the comments received during sketch review. During sketch design, comments focused on: ridge heights (in relation to the street and neighboring properties), materials and areas of application, interesting architecture, the importance of landscaping, and the possibility of eliminating the bridge elements to create a single structure. Town of Avon Community Development (970) 748.4030 Fax (970) 949-5749 Lot 24, Block 4, Wildridge division -Farr Homestead Final Design July 18, 2006 Planning & Zoning Commission meeting Page 2 of 4 Design Review Considerations According to the Town of Avon Residential. Commercial, and Industrial Design Review Guidelines, Section 7, the Commission shall consider the following items when reviewing the design of this project: 1. The conformance with setbacks, massing, access, land use and other provisions of the Town of Avon Zoning Code. • Allowed use: The proposed use is appropriate given the duplex zoning. • Density. The lot is zoned for a duplex and the density is appropriate. • Lot Coverage: Maximum site coverage allowed for under the Wildridge PUD is 50%. This project is in compliance with the PUD, proposing 17% lot coverage. This coverage ratio is for all impervious surfaces compared to the entire size of the property. • Setbacks: The setbacks for the property are typical for Wildridge with a 25' front setback and 10' side and rear yard building setbacks. All building setbacks have been adhered to. • Easements Utility and Drainage Easements of 7.5' in width border each side of the property. There is also a 10' Utility and Drainage Easement bordering the Coyote Ridge Road Right -of -Way. • Building Height. The maximum allowable building height for this property is 35.' This design is in compliance with the applicable zoning with ridge -heights equaling 35'. A framing Improvement Location Certificate will be required and Staff does not advise pushing the height requirement with any development. . • Grading/Drainage: All existing and proposed grade contours are indicated on the site plan. Drainage appears to be functional and little finished grading is required with this site layout as the building works well with existing grades. • Parking: This design is in compliance proposing 5 internal garage parking spaces and 7 open-air spaces. • Snow Storage: Three separate areas are called out on the Site Plan designated for storage adjacent to the driveway. The areas on the site plan for snow storage appear to be functional and the majority of the driveway should benefit from sun exposure. 980 square feet are required and the three areas provided total 6200 square feet. 2. The general conformance with Goals and Policies of the Town of Avon Comprehensive Planand any sub -area plan which pertains. The project generally complies with the Town of Avon Comprehensive Plan. 3. Whether adequate development rights exist for the proposed improvements. Adequate development rights exist on the property for up to two dwelling units. 4. The Final Design plan is in general conformance with Sub -Sections A through D of the Residential. Commercial, and Industrial Design Guidelines. Town of Avon community Development (970) 748.4030 Fax (970) 949.5749 J Lot 24, Block 4, Wildridge S, _.vision - Farr Homestead Final Design July 18. 2006 Planning & Zoning Commission meeting Page 3 of 4 A. Site Development: o Site Design: The Design Guidelines put emphasis on site layout design and state that structures should blend in with natural settings and limit the need for extensive site grading and slope retention. Additionally, buildings should be stepped in appearance where practical. o Site Access: Access to the site is provided with a 12' wide driveway which starts at a 4% grade and ranges from 8% to 10% where it wraps around the garage portion of the building to lower garage. The Design Guidelines require no more than 4% grade for the first 20' of the driveway entering a site and leaving a garage door and this design appears to be in compliance. o Parking and Loading. The minimum parking standards have been adhered to for this project. Space has been allotted in the lower garage for the owners sporting equipment. B. Building Design: o Building Materials and Colors: A variety of high quality building materials are proposed with this application including: dry stack stone veneer siding, wood siding (both vertical board on board, and horizontal 4" board on board), cedar trim & soffits, heavy plaster stucco, rusted corrugated metal corten siding and roofing, metal clad windows, metal/glass doors, heavy asphalt'water shield shingle roofing, and wrought iron newels. It is important to note that the main portions of vertical siding will be a random pattern of reclaimed siding (8"/10"/12") with a "weathered wood" color." There is also reclaimed 6" horizontal siding with a white -wash appearance. All colors including the stucco are earth tone and in compliance. A color board will be available for review at the work session before the meeting. The applicant will have samples of the reclaimed wood for review at the meeting. o Exterior Walls, Roofs, and Architectural Interest: The building's massing is broken up with varying roof planes and pitches, varied building materials, angled building footprint, and architectural interest with shutters, silos, and different farm features. The roof pitches vary throughout the project with 2.5:12 (corrugated metal), 5:12 (silos), and 10:12 (asphalt). o Outdoor Lighting. Four different light fixtures are proposed and all appear to comply with the guidelines. Attached to this report are cut sheets of these fixtures. C. Landscaping: o Design Character: The provided Landscape Plan appears to comply with the intent of the Residential Landscaping Guidelines. There are various islands of native grass surrounding boulder retaining wall terraces. In terms of plantings there are a total 40 trees, 5 shrubs and 30+ perennials. All of the plant species are drought tolerant and should comply with the Residential Landscaping Guidelines. Town of Avon Community Development 748-4030 Fax (970) 949.5749 A, Lot 24, Block 4, Wildridge, livision - Farr Homestead Final Design July 18, 2006 Planning & Zoning Commission meeting Page 4 of 4 5. The compatibility of proposed improvements with site topography, to minimize site disturbance, orient with slope, step building with slope, and minimize benching or other significant alteration of existing topography. Staff would encourage the Commission to review the expansive footprint of the structure and resulting disturbance required for construction. The building would be visible from properties on Coyote Ridge and from heading down Wildridge Road towards wildwood. 6. The appearance of proposed improvements as viewed from adjacent and neighboring properties and public ways, with respect to architectural style, massing, height, orientation to street, quality of materials, and colors. This criteria was discussed and comments were received from neighboring property owners at sketch design review. The architecture and materials used for this home would be quite different from others in the neighborhood. In order to address some of the concern raised during sketch design review, the applicant has shrunken the length and height of the "barn" portion of the home to help negate some of the effects to the neighbor's views. 7. The objective that no improvement be so similar or dissimilar to others In the vicinity that monetary or aesthetic values will be Impaired. Staff does not feel that any monetary or aesthetic values will be impaired with the proposed improvements. 8. The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon. The project is in general conformance with the Town's adopted goals and policies and is a use by right per the Wildridge Subdivision. Staff Recommendation Staff is recommending conditional approval of this final design plan for Lot 24, Block 4, Wildridge Subdivision. Recommended Motion I move to approve the final design plan for a Lot 24, Block 4, Wildridge Subdivision with the following condition: "Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representatives in this application and in public hearing shall be adhered to and considered binding conditions of approval." If you have any questions regarding this project or any planning matter, please tail me at 748-4413, or sto by the Community Development Department. ully bm' ielsticke Planner I Exhibits: Reduced Plan Set, Light Fixtures, Aerial Map Town of Avon Community Development (970) 748.4030 Fax (970) 949.5749 C 0 L 0 R A D 0 FINAL DESIGN Design Review Fee: S q60— Applicant: %a rQw j w..��. Aht-cu� AXA DlailingAddress: �oX y3Zt✓ City: State:(, Tp:$1(a'12 Phone #: qz(,-1&7y Fax #: 921n-qpp s Cell #: -3'7(g-2-5'-7S% Owner of Property: /YL%4�hrr, Mailing Address: P. (LQ)OX /q % City: -,4v0--' State: 60 71p:'a%Cnz, Phonc#: 7yg p(oyq Fax 7y2) 6(,pry cell#: 370 (O9y3— Lot:z 1-1 Block:_,_Subdivision: (,o Kp f---, t C T'at!A. .e Project Street Address: Project Name: F=Ao= �1e rlGSta� ❑ Addition t4 Single Family ❑ Duplex ❑ Triplex ❑ Other: Please Describe Your Project (arch. style, sq. ft., height, materials, colors, unique features): taw,aoQ„r.� �a �cts�a—> of Pizr�n,•—_...,7 oc�stc.� vaz. c�ie6 � Fb»C oF;y�iUSy� Via trzvD �5,oeL�ynxcb�AttPVa.--cSLk�h�a.+ Rte-"rn . ZVWS OC,�A� S '"� Spm yi-nJt4�c-1.xl.f.S tOvty. 4'>dialtay..7cA, amt (D- IS�d_n.+c Rget�. �ly. �� We (1) represent that all information provided to the Town of Avon in connection with this application as true and correct, that we (1) understand the Town of Avon regulations applicable to this project, and understand that incomplete submittals will delay application review. Owner designates Applicant as indicated to act . is representative in all application submittals eatc� this project Applicant: Owner: M (Print Name): (Print Name): Ms:�e r Date: 6.26 •O!o Date: 6-2-0-0(1 Community Development, P.O. Box 975 Avon, CO 81620 (970)748-0030 Fax (970)949-5749 (rev. 9124103) Page I of 3 I B E R K E L E t in 4& 13B-7G%V Rill Mount The Berkeley Wall Mount, shown above, and mounted on a brick wall highlights any entryway Shown with a verdigris patina finish and gold white iridescent art glass. It is well suited to a wide variety of exterior surfaces. The Berkeley wall mount adds a distinctive touch when used in an interior setting. It is an ideal companion sconce for the Berkeley chandelier, shown at tight and on page 3. BCM -1014'0 -AB F1nsh Ceiling \1otmt The Berkeley Flush Ceiling Mount, .hone above. echoes the grace and elegance of the Berkeley chandelier. 5hrnvn In an antique brass finish with curved white opalescent art glass and a unique glass Hume, this model is available in three sizes. 1 ►SAAT , A yT ry �� ORIGU Y t L. BCH-(d4-IG)V Chandelier The Berkeley Five Light Chandelier, shown above, with its classic lines will enhance any dining room, kitchen nook, or foyer. It is offered in three sizes, with three, four, and five light configurations. Shown with gold white irides- cent art glass and finished in verdigris patina. MODEL O/A DIA. .. OM HEIGHT _ FI_XT_ HEIGHT -- _ B(:H-&4-1 23" 35V 10/-" BOi-7/4-1 28h, 40" 12 1." BCH,'V4-1 33`/" 42 /," 14 A" _ Fne mniium hist irx=4s it hulls"wra 60 Wni m=um mh MODEL ROOF DIA. BODY DIA. HEIGHT PROJECTIO\ 6 to , .. 13CM-10 12" 7/," o/" BC M-12 14" 1 TV 15 71" lCr One medium bass m..mda:ucm bulb, required. 100 Wul mnsimum MODEL '--- O/A D41_.-- --_ OG', IIEIGlIT --- BOD) DIA.^ _ ichor 10" 6 to , .. 13CM-10 12" 7/," o/" BC M-12 14" ID' 1C to BC%1.8 requims onr medium baw mcand, xent hulk; 60 Wait maximum Pd AI -IQ :rad KNI.12 mgmm asn medmm base m"mdcxem bulhs, (10 \6au MINIMUM cXh The Berkeley Free -Hanging Pendant, shown light in an entry porch area, features optional Pate Needles design frosted glass and an antique buss finish. 'Phis charming pendant casts a dramatic glow whether used in an interior or exterior setting. Available in three sizes. MODEL ROOF DIA. BODY DIA. FIXT. HEIGHT O/A HEIGHT BH -6 5X" 4" 10'/." 18" 13H-7 7" 5'/." 12'x" 211h" _ BHd1 81/1, 6'b" 14'/." 22 6" one medium base mcandesceni bulb regmred, 100 Wau. maximum. aH-6 and 1111-7 include 6'of I' dia braes chain. 1111-8 includes 6"of I /" dia, brass chain , Y BC-14GW Coluinn Mount The Berkeley Column Mount, shown above, was designed for a variety of architectural uses. Its cylindrical form complements square or round columns, driveways, or garden areas, while creating an impressive and dramatic approach. Shown with gold white iridescent an glass and finished in a verdi- gris patina. Available in three sizes. MODEL ROOF DIA. BODY DIA, FIXT. HEIGHT BASE DIA. BC -Il Il" 614" 101G" 10" BC -14 14" 714" 12" 12" BC -17 17" 10" 137P 14" Ili. -1I nqu:ns one mechum bre ivand.•�ccm bulb. 60Wait nnamum, MC I4,and 110--17 n<ryirc one medium base incmrksam bulb: 100 %Vau maximum The Bcrkele) Post Mount, shown tight, enhances any landscaped garden When used in conjunction with other Berkeley fixtures it provides a connection betvecen garden and interior hying spaces. Shown with green non art glass and finished ma verdigris patina. Available in three sizes. _ �IODC•L B E R K E L L- Y A BH-7FPF-AB Free -Hanging "It is built of the simplest materials, put together in the simplest ways. Its success is the result of skillful labor-.." —Haney ITIS BP -8G1 Post Mount ROOFNIDTH BODY DIA. ----4" FIXT. HEIGHT BPfi 5U" 9/" BP -7 i 5 /." 11'/." BP" R G" 6,1" 134" on, medium bav uaanJrxrm Imlb nqunrd, 60 %,%au maximum B E R K E L L- Y A BH-7FPF-AB Free -Hanging "It is built of the simplest materials, put together in the simplest ways. Its success is the result of skillful labor-.." —Haney ITIS BP -8G1 Post Mount G L A S S & A E T A L F I N I- H E S METAL FINISHES All MOdcls Verdigris Patina' Sawn Black BK Antique Brass AB Pewter 'Amro Craftsman's vcrligns patina finish is standard on all fixtures unless othcm ise specified. GLASS COLORS All Models B Bunga0C4 Ovcrlayr 6) Cloud Lft Orcrlav° (2) CL H Hillcrest Oveda%GT T T T T -Bar Overla) r (1) TB Turtle Back overlay'e (-,rape Fingrec4 (4) GF (,F HI' l 1-unnun}},,7)irl ringrcc4 i3) HF FF Gold White GLV White Indcscent Opalescent *Notavailable in Berkcle) Sens 1 1 -Bar Overlay � is the only ornamentation available for the Mission Series. FROS"CED GLASS DESIGNS Cloud Lilt OC erlays is standard on the Monterey Senes, Monterc) 12" and 17" sizes, and the Evergreen 9" 12" WO Green Ivoy GI :Amber Mica' Frosted Pine Needler FPF (Available in Berkeley Series 6', 7" and 8" sizes only.) Frosted Eucalyptus* FE (Available in Huntington Series models HCM-14 and HCb1-18 only) Antique Copper AC M Clear Seedy CS SAVIT4, AS ova;;IN kL 0RNAME`TA"rION Monterey Series Evergreen Series Carmel Series Mission Series :fah Ovcrlal c (6) A B Bunga0C4 Ovcrlayr 6) Cloud Lft Orcrlav° (2) CL H Hillcrest Oveda%GT T T T T -Bar Overla) r (1) TB Turtle Back overlay'e (-,rape Fingrec4 (4) GF (,F HI' 1-unnun}},,7)irl ringrcc4 i3) HF FF Pine \cedlc 1'1111 -nee PF SF SF S%caniorc rdigicee 1 1 -Bar Overlay � is the only ornamentation available for the Mission Series. Cloud Lilt OC erlays is standard on the Monterey Senes, Monterc) 12" and 17" sizes, and the Evergreen 9" 12" and 16" sizes. 3. Hummingbird Filigrees is av;alable on the 4. Gmpe F111gree* is available on the :Monterey 12" and 17" sizes, and the F.4crgreen 9". 12" and 16", sizes. 5 Bungalcn% Overlay * is standard on the Carmel Senes. h..tnh OverLq * is standard on the Evergreen Series. 74 "k Wildridge - Block 4, Lot 24 eOLot 24 p Property Boundaries 0 N "�" C,3Avon Town Boundary .,... .. o 180 wo •: ~ At K.I ff�FFiii � ` SabPINY s b m 11 Y U Q _9 41 IPA � JpN �d 9 r g o s c J -(O G J J a W o, o , 0 Wd :1 o r Olttz �u M< opu010) 'uoey 101 p�a�sau�oH ��,� UAeLUqq-M--SWUlMeip-pueUBi§20QLIIOIS14DIj � aOoldpUey N HI �J pp ppp Y1 H Y1 N ppp ppp n N VI YI N J ppp ppp H1 N Y1 •O w y tl w J utl oip ] � Y :N YI 0 {�'J11 " 1 Lj 'JeAOJdClODUIWdCO-3U)r4prqSVEVJ.3y.LNOO-40,014tlojvatnuiwjuojtsiwiativa411imInOLnIMP)nPOjOJOq WHOAWHOANI 1H tbkd ❑ n m 0 iQ• t V1 Y Oi ^ y, v�of P p WW_cd K " 4 ri rvrvO n u~, �YJl iii�l�in�S YJiyii aD ° Y Y $i '✓io g.o N YvSuvNi •o z�1pp 1- 3 P g GI VI N .Y (•1 m b w Y1 n b N n Oi 1�I1 N N N .i .. 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Y Y 15;; 6 '»ally»Y ayz wad uolsstw ua:pNm noy !m pwnpo !Qm onmm m orm� acnry < iO 11n W JC !-UKy�j J J N iOW Qq 3ou Aew y-�lgm sBu!meil aU) < r --i N� W u N i pue uolsop aq] oa S446p A)pa OJa PUB 14!JIlYWH dNl 1H91LAd ❑ C� PEQISQLuOH J-TudIn 66 6 N f•'1 'i 1n h N YI 1d Alz z q¢na e I ion V Vl I �V woy uoi Iwia ua�Nm noyalm m i aq ou ew 43!4m s Im Jp pu u Is 04 7 P 4 u 4 i 4 w y y m puV u q 1 Vry ;N lVWtiOdN 1H91NAd ❑ opuolo) uoey lappps dpm alok) VZ Iol pI3ajsauzoH JJU J geAoi a ul o:) JO) olpnjS VfV DV1N0:)'.Pa 1431V aya w0JJ UOISSIWJad uaUIJM 7noOm PWOPOidW aq IOU Aew 4714m s ulmeip pue u I aP 941 01 S14DIJ AIJDOOJO PuweyeAtl Sawet m i V pue o o!P 1S Y[V :NOI1VWb dNI 1H IUAd ❑ i~' Staff Report Minor Project EoAVON July 18, 2006 Planning & Zoning Commission meeting Report Date July 5, 2006 Project Type Minor Project — Snowrun Townhomes Legal Description Lot 43, Block 1, Benchmark at Beaver Creek Subdivision Address 520 Nottingham Road Introduction On August 3, 2004, the owners of the Snowrun Townhomes (units A, B, and C) received design approval to make exterior building improvements to the West, South, and East sides of the three units. The improvements included the removal of existing siding and trim boards; replace wall insulation and sheathing; and apply stucco material and fiber cement siding to the areas indicated on the drawings. In addition, windows would be repaired or replaced as needed, a bellyband would be installed, and cultured stone base would be applied as indicated on the drawings. To date, the improvements have not been completed and the design approval is set to expire in August 2006. The applicant has submitted a summary table indicating the progress that has been made to date. Understanding that some units are further along than others in terms of completion, staff has advised the property owner to re -apply for design approval. Staff has also requested the applicant provide the Commission with the estimated completion date. According to the applicant, the request is to extend the design approval 15 -months for two of the units (B and C), and 24 — months for unit A. Unit A has yet to begin construction. Design review approvals are ordinarily valid for two years. Design Approval Criteria 1. According to Section 7 from the Residential, Commercial, and Industrial Design Guidelines, the Commission shall review all design plans utilizing specific Design Standards, and by using the following general criteria: 1. The conformance with setbacks, massing, access, land use and other provisions of the Town of Avon Zoning Code. The proposed exterior building improvements appear to be in compliance with the requirements imposed by the Town of Avon Municipal Code. 2. The general conformance with Goals and Policies of the Town of Avon Comprehensive Plan, and any sub -area plan which pertains. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 43, Block 1, Benchmark L aver Creek Subdivision, Minor Project July 18, 2006 Planning & Zoning Commission Meeting Page 2 of 3 The property is located in District 22: Nottingham Road District, and is designated as a Low Priority District. According to the Planning Principles in this district, redevelopment should be "high quality" and be consistent with the land use regulations. The proposed improvements are consistent with this policy statement. However, given the proximity of this property to Avon's town entrance and the prominent visual impression of the property, staff is recommending that completion of the improvements not exceed 1 -year. Furthermore, staff is requesting the applicant post a performance bond in accordance with Section 2.16.120 of the Avon Municipal Code to ensure the completion of the project within 1 -year. According to the applicant, the reason for the delay in construction is because they are doing the work themselves and funding the project themselves. Staff ordinarily would not request this type of condition for a "minor project", but because of the slow progress made staff believes the condition is necessary. 3. Whether adequate development rights exist for the proposed improvements. No changes in use or land use intensity are being proposed with this application. 4. The Design plan is in general conformance with Sub -Sections A through D of the Residential, Commercial, and Industrial Design Guidelines. A. Site Development: No changes are proposed to the site layout. B. Building Design/Materials: The building design and architectural style will not change with the proposed improvements. The guidelines do however require a variety of quality, durable building materials. The materials proposed include: synthetic/real stucco, fiber cement siding, cultured stone, composite/wood decking material. that all building colors be earth tone and shall blend in with the natural setting. All of the proposed materials will improve upon the existing condition of the building. C. Landscaping: There is no landscaping proposed with the application. 5. The compatibility of proposed improvements with site topography, to minimize site disturbance, orient with slope, step building with slope, and minimize benching or other significant alteration of existing topography. There is no site or grading changes proposed. 6. The appearance of proposed improvements as viewed from adjacent and neighboring properties and public ways, with respect to architectural style, massing, height, orientation to street, quality of materials, and colors. No negative impacts should be experienced as viewed from adjacent properties once the improvements have been completed. 7. The objective that no improvement be so similar or dissimilar to others in the vicinity that monetary or aesthetic values will be impaired. As proposed, the town home improvements should not impair monetary values or aesthetic values in the vicinity. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 43, Block 1, Benchmark a Iver Creek Subdivision, Minor Project July 18, 2006 Planning & Zoning Commission Meeting Page 3 of 3 8. The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon. As proposed, the townhome improvements appear to conform to the adopted Goals, Policies and Programs of the Town and appears consistent with the Design Guidelines. Staff Recommendation The appearance of the incomplete project when viewed from Nottingham Road and 1-70 has resulted in several complaints relative to the building's appearance. Therefore, staff is not inclined to recommend an additional two-year approval. Staff recommends APPROVAL of the townhome. improvements to Units A, B, C for Lot 43, Block 1, Benchmark at Beaver Creek Subdivision with the following conditions: The owners of each individual unit shall obtain the necessary building permits from the Town of Avon Building Department prior to commencement of construction. 2. The design approval is valid for 1 -year. 3. The applicant will provide the Town with a performance bond to secure the completion of construction in accordance with Section 2.16.120 of the Avon Municipal Code. 4. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. If you have any questions regarding this project or any planning matter, please do not hesitate to call me at 748.4009 or stop by the Community Development Department. Respectf mitted, emanN Senior Planner Attachments A. B. C. D. Minor Project application Comprehensive Plan District 22 Planning Principles Location map Section 2.16.120 of the Avon Municipla Code Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 (5) To review and comment on programs and studies of planning issues for the Town and its environs; (6) To conduct research and appropriate studies of planning issues for the Town and its environs; (7) To act as the Design Review Board of the Town and to perform all duties and exercise all powers assigned to the Design Review Board of the Town; (8) To consider any other matters pertaining to the Commission as provided by law, resolution or ordinance, and to act in an advisory capacity to the Town Council when so requested, and to perform all other powers and duties authorized and required by ordinance or state law; (9) To review and approve, disapprove or conditionally approve design of all proposed structures in the Town, based upon criteria and procedures determined necessary for the health, safety and welfare of the residents of the Town and approved by the Town Council. The Town shall not authorize site preparation, building construction, sign erection or application, exterior alteration or enlargement of an existing structure or paving, fencing, planting or other improvements of open space unless design approval has been granted as prescribed in this Chapter. (Ord. 83-11 §I(part)) 2.16.120 Performance bonding. If the Commission determines such action is necessary to protect the health, safety and welfare of the residents of the Town, prior to issuing approval of any application, the Commission may require permittee to submit, prior to obtaining a building permit, a letter of credit, surety bond or other adequate security, in a form and an amount acceptable to the Town, guaranteeing to the Town the compliance with all requirements of the Commission, or regulations or ordinances of the Town. It is not the intention of this provision that duplicate bonding be a requirement. (Ord. 83-11 §I(part)) 2.16.130 Material to be submitted. (a) The Commission shall adopt rules and regulations for the submission of applications, materials and information requiring action by the Commission. The rules and regulations shall include procedures, schedules, content and quantities of materials to be submitted. (b) The owner or authorized agent of any proposed project requiring action by the Commission shall submit all of the required material and information in accordance with the rules and regulations of the Commission. Any application found incomplete shall not come before the Commission. (Ord. 83-11 § I (part)) 2.16.140 Variances. The Commission may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations. (Ord. 83-11 §I(part)) 2.16.150 Fees. The Town Collnei 1 shall establish a schedule sufficient to cover the cost of Town staff time, consultant's fees, public notices and incidental expenses of the Commission. (Ord. 83-11 §1 (part)) ,1 F, MINOR PROJECT z and/orFees: MINOR MODIFICATION Mixed Use,/Other. �'0 C O L O R A ll 0 Name... R/�3 6 XIMAI _ .. W„ /,q c.J) / A.Qri� �<'Uiti i ✓�%�/v r��s� ............ (Laso (Rrst� Address PC> '90X 5030 /�c/d.✓ �/� �% (sem) (City) (state) (ZJp code) Telephone 97C) ?4T6,302- FaxI ry �4�5'8a67 Cell 76 371 yk)V CONTACT•' • Name , a7-1162 ©l✓itlec.Q.� (Last) (First) Address () (city) (state) (21p Code) Telephone Fax Cell Lot 43Block.._ Subdivisior�&)61119A�K f97- Street Address .5�470 A167Y A4/ , fM Type of Design Change requested: ,?6qV,6c2 GRE b 1t ❑ Fence ❑ Window(s) ❑ Addition ❑ Deck ❑ Modification to Final Design Approval ❑ Color Change ❑ Material Change ❑ Landscaping ❑ Other: (materials, C- FX7 unique features, arch. 4 TQM £ 7'6 r. Submit the following items with application: /1/0 c y.Q,✓Ue,5 r O 5'-CoP,6 0,c ❑ Site Plan - 2 Sets , ❑ Elevations - 2 Sets DQ r�Lo�s . RECEIVED ❑ Colors & Materials JUL 0 5 Z006 I (we) represent that all information provided to the Town of Avon in connection with this application as true and correct, that I (we) understand the Town of Avon regulations applicable to this project, and understand that incomplete submittals will delay application review. Owner designates 'Appllcant' as indicated to act as owner's representative in all application submittals related to this project. / Applicant L'/�'E~ Owner (Print Na (Print Name) Date Date -NOWRUN TOWNHOME` July 5, 2006 i Request for extension of time to complete previously approved Minor Project The owners of the three Snowrun Townhomes are requesting additional time to complete the previously approved Minor Project. The scope of work, materials and colors previously approved is not changed. Since the approval of the current Minor Project in August of 2004, significant progress has been made on two of the three units. The owners are doing the work themselves and funding materials from current cash flow. The current status of completion is attached. Units B and C are requesting an extension of 15 months until October 31, 2007. Unit A was purchased July 29, 2005 which was one year into the currently approved project. The previous owner had made no effort to begin the project. The current owner intends to begin work this month. He is requesting an extension of 24 months. The Snowrun Townhomes have not had a homeowners association since they were built. There has been no money collected for maintenance or repairs. The townhomes are governed by a "Declaration of Covenants, Conditions, and Restrictions" filed, by the original owners in December 1980. The current owners are in the process of amending this document to establish a Capital Fund for the purpose of maintenance of the sole common facility which is the driveway. The maintenance and improvement of each unit remains the owner's responsibility. We are aware that some members of the community believe that the extended construction activity is visually unappealing. The current condition of the exterior siding being replaced is equally unappealing and we believe the improvements being made will add to the appearance of the community. We agree to remove all scaffolding at the end of the construction season and make every effort to complete any areas started this summer. RECEIVED JUL 4 5 2006 Community Development PO BOX 5030 • AVON, CO • 81620 1114ONE: 970-845-6302 • FAX: 770-845-8267 Y O O N Ee- LoO V- T- r- C) - tiO 0 N O r E (` LO O T- T- 00 O O co E 00 IctN H E N O O L M co 0 ti O O C) O O O N r O (i O H 00 LO00) 00 CO M V- U � V �0 oo t� co O O N `- C .� O (9 O Q. N F0 0 M e- O O 00 O N It ? m as D o E O Z C LOA co 0 0 0 C) 3 O = Oo (0 LO N �- C OQ � � N L 3 Cl 00 o Oo 0 O C Q N E o O � O y.. E a m rn c � N N N 00 ch CO N co m m CL CL U ui m CL fl. o U L '00E Y Y �+ U O 00 W ,p (nim O (n �a O O N Ee- LoO V- T- r- C) - tiO 0 N O r E (` LO O T- T- 00 O O co E 00 IctN H E N O O L M co 0 Ht::\R I' ul the \'AI.I.EI' ("�161AOL �P� U8,5`T .49 ovlelo VA �- C O L O R A D O August 4, 2004 Ronald and Marci Tribelhorn P.O. Box 5030 Avon, CO 81620 Post Office Box 975 400 Benchmark Road Avon, Colorado 81620 970-748-4000 970-949-9139 Far 970-845-7708 TTY RE: Minor Project for Lot 43, Block 1, Benchmark at Beaver Creek Subdivision Approved Ronald and Marci: At their August 3, 2004 meeting, the Town of Avon Planning and Zoning Commission approved your Minor Project application for Lot 43, Block 1, Benchmark at Beaver Creek Subdivision with the following conditions: 1. The owners of each individual unit shall obtain the necessary building permits from the Town of Avon Building Department prior to construction. 2. 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. Thank you for your application. Should you have any questions or would like additional information please don't hesitate to contact me at 748.4017. Kind Regards, vvz�!�,cX,ti Kenneth Kovalchik Planner I Cc: File (M-DR2004-28) RECEIVED JUL 0 5 2006 Community Development F. (Planning & Zoning ConimissionlMeeiing Letters1200410803041W Block 1 BMBCMinor Project Snownm TWim Approval.doc AVO N C O L O R A D O MINOR PROJECT and/or a'q� MINOR MODIFICATION Minor Project/Modification Fee: $ 75.00 Applicant: R01-1194-11) � 11.119 ec /�4, Mailing Address: 496 'Sox 51030 City:A✓o,) State: 6.6 Zip:�i % Phone #: 970 C?'� 630v Fax #: ?7z)—PyS_9.2�7 Cell #: Owner of Property: f��,F 01&j- 2 0-7&6,Q 4N�y< Mailing Address: City: State: —Zip: Phone #: Fax #: Lot: Block: Subdivision: Project Street Address: So?Q /> Project Name: SN014)ie6fIJ ot,✓,,lAvUn ev- K.7 Cell #: ❑ Modification to Final Design Minor Addition ❑ Fence ❑ windoNv ❑ Trash Enclosure ,95 Colo aterial Change a Other: �k kEp , / yet, cA-Z Please Describe Your Project (arch. style, sq. t., height, materials, colors, unique features): /-7_r�Ti4 CW,E0 , Submit the following items with the application: RECEIVED —❑- Site Plan - 2 sets A16 CW q 16� %U fY Elevations - 2 sets JUL 0 5 2006 Colors and Materials I (we) represent that all information provided to the Town of Avon in connection with this application as true and correct, that I (we) understand the Town of Avon regulations applicable to this project, and undersuuid that incomplete submittals will delay application review. Owner designates Applicant as indi,,zit,_d to act as owner's representative in all application submi ' is related to this project. Applicant: nif1 c-6 13 11, Owner: (Print Name): (Print Name): Date: 49 Date: Community Development, P.O. Box 975 Avon, CO 81620 (970)748-4030 Fax (970)949-5749 (rev. 1227/01) Page I of l Minor Project and/or Minor Modification Snownm Townhomes 520 Nottingham Rd. Avon, CO Proiect Description Background, Over the past three years the three owners of units A, B, and C have made improvements to the rear or North face of the townhomes pursuant to a previous request and approval. Please see picture #1, the North elevation of a portion of unit C, as an example of the stone, stucco and trim proposed. The South facing elevated decks of units B and C are badly deteriorated and must be repaired or replaced. There are no dimensional changes, i.e. foot print, proposed to any elements of the units. We now request approval to bring those improvements around to the West, South and East faces of the property. I. Work To Be Done To Building Skin • Remove all existing shiplap pine siding and trim boards. • Repair or replace deteriorating wall insulation and sheathing. • Route numerous exterior cable tv and phone lines from exterior to in wall. • Repair or replace windows and doors as needed. • Install building wrap or air and moisture sealant. • Install a belly band as indicated on the drawings. • Re -trim windows and doors as indicated on the drawings. • Apply EFIS synthetic stucco or real stucco to areas indicated on drawings. • Apply fiber cement siding to areas indicated on drawings. • Apply cultured stone to areas indicated on drawings. Materials and Colors • See sample board provided for cultured stone, trim and body colors. • EFIS synthetic stucco will be STO-lite 1.0 over 1 inch foam. • Some owners may opt to use real stucco. • All stucco work will have the same surface treatment, "skip trowel'. • Fiber cement siding will be James Hardie, Select Cedar Mill or similar. • Trim boards will be fiber cement where possible or rough sawn cedar. • Synthetic stone will be Owens Corning, Pro -Fit Ledgestone, color N ariations may be made between units. II. Work To Be Done To Decks And Exterior Stairs • Remove all deteriorated wood structure and decking. • Reconstruct any removed structure to comply with current code. • See included detail drawing for proposed changes to deck box and railing. • Remove existing deteriorated exterior stairs. • Install pre -fabricated steel stair units with grate style treads for snow safety. Materials and Colors • Decking may be either composite or wood. Deck boxes will be fiber cement siding to match siding in color. The owners acknowledge that the approval is valid for a 2 year period. Any owner not completing the approved changes within that period must bear any additional cost of reapplication. Should any owner sell their unit prior to the completion of the approved changes, such changes shall be binding on the subsequent owner and shall be a written condition of the sale. Owners Signatures: //X� Printed Name kwl.,j Unit A Phone # q q_ 1 S -R � Printed Name UrYt B Phone # 5,23 C-27" K3 Printed Name ��9 �.D � /'7AX c•� � .c�� .y�/-, .,l Unit C Phone # ��,f - ��,S) _ 2 gJ� � V 4 � 0 J V1 d gJ� � V 4 � 0 J H W. �� Z V J w r-� c OWV ,� vyT)P/l i �SOGCII� ��..A7'l0 /w,7 C� )j0 36` ,D�Ck SOX 're'viT be-r,914- '7h e-r,91L 7h 01,Pk kaa 1 L c,oa,Ji fe TR Im / ,,,Hpdf�Tr CA'P N 3$° Planning Principles: • Encourage additional informal landscaping to soften the visual impact of large existing structures. • Reseed exposed slopes with native grasses and wild flowers. • Require development to provide a landscape buffer adjacent to Nottingham Road and I-70. • Encourage high quality redevelopment consistent with the land use regulations. • Provide direct access to existing trails and link existing pedestrian infrastructure. • Improve signage for trailheads. 'ct 23: I-70 Gateway The interchan I-70 at Avon Ro e main gateway to the Town. As such, this s o ect the character and quality of the communit reate a sense ival. Currently, a lighted gatewa n is placed along the west boun amp to Avon. # Town of Avon Comprehensive Plan Page 97 - Town District Planning Principles " trict 21: Nottingham Park Residential Distri Nottin am Park is bordered to the west, north, a northeast by existing hi quality residential development rovisions for pedestrians an bicyclists along West Be er Creek Boulevard and adequate scre ing of parking an rash areas would help enhance the character the area. Planning Principle • Encourage ex' mg development d require redevelopment to screen ing and trash areas with ndscaping material. • Sit uildings of varying sizes along the stre to maximize n exposure, protect views, be compatible w existing surrounding development, and break up building bulk. ® District 22: Nottingham Road District This district is characterized by limited developable area due to steep slopes to the north, frontage on Nottingham Road, which is classified as a commercial collector road, and high exposure to I- 70. Existing residential development is typically multi -family buildings. Planning Principles: • Encourage additional informal landscaping to soften the visual impact of large existing structures. • Reseed exposed slopes with native grasses and wild flowers. • Require development to provide a landscape buffer adjacent to Nottingham Road and I-70. • Encourage high quality redevelopment consistent with the land use regulations. • Provide direct access to existing trails and link existing pedestrian infrastructure. • Improve signage for trailheads. 'ct 23: I-70 Gateway The interchan I-70 at Avon Ro e main gateway to the Town. As such, this s o ect the character and quality of the communit reate a sense ival. Currently, a lighted gatewa n is placed along the west boun amp to Avon. # Town of Avon Comprehensive Plan Page 97 BMBC - Blk 1, Lot 43 J Staff Report Sketch Desi A NZ i VON nCO LORA D0 July 18, 2006 Planning & Zoning Commission meeting Report date July 5, 2006 Project type Single Family Residential Legal description Lot 6, Western Sage PUD Zoning PUD Address 5775 Wildridge Road East Introduction The applicant has submitted a Sketch Design application for a single-family residence on Lot 6 of the Western Sage PUD. The site plan features a shared access concept that would be accessed off of Wildridge Road East and traverse across lot 6 to lot 7 in areas on the lot which are in excess of 40%. The proposed residences, measuring approximately 34' in height, would be located on the upper portion of the lot just below Wildridge Road East. The structure is oriented parallel to the contours on the site to maximize viewsheds and solar exposure and to some degree minimize the site disturbance. The Western Sage PUD was approved by Ordinance 04-15 and effectively down zoned Lots 54, 55, 89, and 90, Block 4 Wildridge from an allowed use of 11 dwelling units to 8 single-family lots. The lots contain platted building envelopes as well as defined non -buildable areas. It should be noted that based on the applicant's site plan, the building encroaches onto the adjacent lot (lot 7). The applicant is aware that should this concept and subsequent Final Design receive approval based on the proposed site plan, the existing Western Sage Plat would need to be amended to reflect adjusted lot lines, utility easements, and building setbacks. Staff Comments The design of the proposed building generally conforms to the intent of the Residential Design Guidelines in terms of architectural style and use of quality building materials. In addition to the standard residential design guidelines, the Western Sage PUD contains the following general note: " Future development on Lot 6,7, and 8 shall be constructed with special attention given to minimizing the extent of grading and the use of retaining walls. The purpose of this design consideration is to ensure that future development on each of the lots is responsive to the existing topography of the site. This design consideration, however, shall not in anyway render the lots non -developable." Town of Avon Community Development (970) 7484030 Fax (970) 949-5749 Lot 6. Westem Sage Skt )esign IV July 18, 2006 Planning R Zoning Commission meeting Page 2 of 3 Because the proposed building utilizes a variety of quality building materials (combination of vertical siding and stucco, timber accents, stone veneer, and composition shingles) and the architectural style appears to conform to the guidelines in terms of mass, variation in roof form, and articulation, staffs focus for the Sketch application is in the site planning and access to the site. The access point begins on the western end of lot 6 and carries parallel to Wildridge Road East as it drops down to lot 6 and 7. It appears that the proposed common drive, retaining wall(s), and associated grading encroach into the 10' Slope Maintenance, Drainage, and Snow Storage Easement along Wildridge Road East. Staffs is concerned with this design because this is the fill material supporting Wildridge Road East and as such, no development should occur within this easement. Furthermore, because the common access drive is located directly below Wildridge Road East, staff is also concerned with snowplowing along Wildridge Road and implications of snow accumulation on the shared driveway. Unfortunately, all three of the upper lots within Western Sage (Lots 6-8) contain building constraints in the form of non -buildable areas, which are depicted with cross -hatching, and slopes in excess of 40%. It appears that substantial development is proposed within 40% or steeper slopes along Wildridge Road East, which to some degree cannot be avoided. As a result of these constraints, there are two areas where engineered retaining walls will be utilized. These areas are located above and below access drive, and range between14-16 feet in height. According to the applicant, these walls would be faced with stone. Staff has had several conversations with the applicant regarding the access drive and retaining walls. The discussions revolved around the need to maintain safe driveway grades, which are approximately 10%, and how to prevent the development from extending further down toward the non -buildable areas. It is staffs understanding that the applicant has been exploring other options and will present an alternative site plan during the meeting to further the discussion and attempts to alleviate some of staffs concerns. Staff would also request that the applicant provide a stamped survey and roof plan to more accurately evaluate the proposed building height. Design Review Considerations The Commission and Staff shall evaluate the design of the sketch plan utilizing the following general criteria: A. The conformance with setbacks, massing, access, land use and other provisions of the Zoning Code. B. Riverfront Design Standards Town of Avon Community Development (970) 748.3030 Fax (970) 949-5749 fl Lot 6, Westem Sage Skk Design July 18, 2006 Planning & Zoning Commission meeting Page 3 of 3 C. General conformance with Commercial Development Sections A through D of the Town of Avon Residential. Commercial. and Industrial Design Review Guidelines. The Commission will take no formal action on the sketch plan application. Rather, direction on the design will be given to the applicant from Staff and the Commission to incorporate in a final design application. Staff will provide full plan sets for you to provide written comments and guidance to the application at your July 18, 2006 meeting. If you have any questions regarding this project or any planning matter, please call me at 748-4009, or stop by the Community Development Department. Respectfully submitted, Eric Heidemann, AICP Senior Planner Attachments: Exhibit A: Plan sets Exhibit B: Western Sage Subdivision Plat Exhibit C: Location map Town of Avon Community Development (970) 7484030 Fax (970) 949-5749 Lot 6, Western Sage Ski Design July 18, 2006 Planning & Zoning Commission meeting Page 3 of 3 Respectfully submitted, — Eric He , AICP" Senior Planner Attachments: Exhibit A: Plan sets Exhibit B: Western Sage Subdivision Plat Exhibit C: Location map Town of Avon Community Development (970) 7484030 Fax (970) 949-5749 Y AVON C O L O R A D O 4 Address SKETCH DESIGN Telephone 1910)92'2'2124 ..... = ttr )ROJECT INFORMATION r . Type of .- Gam} � ��,l�s I (Fee:_ o o.oa rF71 (City)// (state) (Zip Cade) Fax \q%�) `4;- V7 Cell 2701\ ;-;'1'5?4V* Fax —1 NJ RIO Address L 2 l Rq 3 35-2 o R OO(o Z Single Family [I Multi -Family ❑ Addition ❑ Commercial [IIndustrial ElOther: RECEIVED Project etc) JUN 2 7 2006 I (we) represent that all information provided to the Town of Avon in connection with this application as true and correct, that I (we) understand the Town of Avon regulations applicable to this project, and understand that incomplete submittals will delay applicat'on review. Owner designates 'Applicant' as indicated to act as ON ner's representative in all application i als t to this project. Applicant Ow n eablA �, (Print Name) �� ' ro v (Print Nameo "' / A Date Cc 29 Date b Qb Community Development, PO Box 975, Avon, CO 81620 - Phone (970)748.4030 Fax (970)949.5749 (last revised 1/2005) Page 3 of 4 Lot Block Subdivision Submittal Shall Include the following: ❑ Conceptual Site Plan ❑ Topographical Survey with signed RLS stamp. Must be less then 3 years old with any areas over 40% slope shaded. ❑ Conceptual Building elevations (all elevations) ❑ Conceptual Building Materials and areas of application ❑ Conceptual Floorplans (all levels) ❑ Conceptual Landscape Plan ❑ Two (2) - 24' x 360 plan sets ❑ Fifteen (15) - 11' x 17" plan sets - no later than one week prior to meeting Notes: *All drawings must be to scale and legible. *The applicant must (with no exception) be In attendance for the scheduled meeting. Reviewed by: ❑ Complete ❑ Incomplete Date: Community Development, PO Box 975, Avon, CO 81620 - Phone (970)748.4030 Fax (970)949.5749 (last revised 1/2005) Page 4 of 4 WR - Blk 4, Western Sage Sub - Lot 6 FIM—Lot Lo —6--1 ANON Property Boundaries v cs Sc e m'u+rtimv�.naroe ne SNOZINOH Wdni3311HDW �� ae r OPLJOI00 I I 'uony uoljeaodio0 Splou*J ayl QJ3dOl3A3a 1N3WdOl3A3a 39VS N�GISW 9101 Jo; a0u9plS9�1 AIlwed aI6uIS M9N y W w ul to eq 0 0 an Im 011 SWld lmil SI1 N 18 UolI qsl sov-A3a o Ste, .Aqum,PI W w ul to eq 0 0 an Im 011 Ll" mgxrnoo u'e.e�axoe oa SNOZINOH NMIMHDW rcecstt ue opejolo0 'uond uoi}ejodjo0 splouAaa ayl :83dOl3n3a 1N3WdOl3n34 39VS N213MM - 9101 jo; aauepisaN Al!we3 aI6uiS M9N b 9 kTd N o w'Id Vu :AqumajP ! d001� 'IW'I MOI 9 kTd N o w'Id Vu :AqumajP ! d001� 'IW'I MOI mmi H. IN ■ � ` � ts�. uu. I� .: I , 1 Ism MINN jj!::;:"! fj T mas It 11, lrj I -itI RUN l um N" N mg Mly rug -p Al V NMI figgi Ili iMM AIR WE �Pt A`2-�Q g. M. 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