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TC Packet 02-13-2018 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, FEBRUARY 13, 2018 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 1 AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3) AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:10 PM (SEE AGENDA BELOW) 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. MEETING PROCEDURES FOR THE MEETING OF FEBRUARY 13, 2018 ACTION ITEMS • PRESENTATION OF ITEM • PUBLIC COMMENT – THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME • COUNCIL DISCUSSION • MOTION • COUNCIL DISCUSSION • VOTE WORK SESSION AND PRESENTATIONS • PRESENTATION OF ITEM • COUNCIL DISCUSSION • PUBLIC COMMENT – THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME • COUNCIL DIRECTION 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA* THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME (5 MINUTES) 5. ACTION ITEMS 5.1. FIRST READING OF ORDINANCE 18-01, APPROVING A REZONING OF THE FOLSON PROPERTY, FROM PLANNED UNIT DEVELOPMENT TO THE MIXED-COMMERCIAL AND OPEN SPACE, LANDSCAPING, AND DRAINAGE ZONE DISTRICTS (PLANNING DIRECTOR MATT PIELSTICKER) (20 MINUTES) 5.2. PUBLIC HEARING FOR PRELIMINARY PUD APPLICATION, COLORADO WORLD RESORTS, FOLSON PROPERTY (PLANNING DIRECTOR MATT PIELSTICKER) (45 MINUTES) 6. PRESENTATIONS 6.1. VAIL CENTRE PRESENTATION: CREATING COMPELLING COMMUNITY IDENTITY (ROSS IVERSON, CEO THE VAIL CENTRE) (60 MINUTES) 7. ACTION ITEMS 7.1. DIRECTION TO TOWN STAFF REGARDING PREPARING A RESOLUTION FOR REBATING CERTAIN FEES FOR WALKING MOUNTAINS SCIENCE CENTER IMPROVEMENTS (DEPUTY TOWN MANAGER PRESTON NEILL) (15 MINUTES) 7.2. ACTION ON EAGLE COUNTY CLIMATE ACTION PLAN COLLABORATIVE MEMBERSHIP FEE REQUEST (DEPUTY TOWN MANAGER PRESTON NEILL) (15 MINUTES) TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, FEBRUARY 13, 2018 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM AVON TOWN HALL, ONE LAKE STREET ___________________________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 2 7.3. FIRST READING OF ORDINANCE 18-02, AMENDING THE OUTDOOR LIGHTING ORDINANCE TO EXTEND PERMITTED DURATION OF SEASONAL HOLIDAY LIGHTING (PLANNING DIRECTOR MATT PIELSTICKER) (10 MINUTES) 7.4. CONSENT AGENDA (5 MINUTES) 7.4.1. APPROVAL FOR MAYOR JENNIE FANCHER TO SIGN THE LETTER URGING CONGRESS TO NOT MOVE FORWARD WITH THE DESTRUCTIVE ONSHORE AND SECURE ACTS (MAYOR PRO TEM SARAH SMITH HYMES) 7.4.2. APPROVAL OF MINUTES FROM JANUARY 23, 2018 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE) 8. PRESENTATIONS 8.1. PROCLAMATION CELEBRATING AVON’S 40TH ANNIVERSARY (MAYOR JENNIE FANCHER) (5 MINUTES) 8.2. RECREATION DEPARTMENT & RECREATION/PARKS WORK GROUP (RECREATION DIRECTOR JOHN CURUTCHET) (25 MINUTES) 9. WRITTEN REPORTS 9.1. ABSTRACT FROM FEBRUARY 6, 2018 PZC MEETING (PLANNING DIRECTOR MATT PIELSTICKER) 9.2. UPPER EAGLE RIVER WATER AUTHORITY JANUARY 25, 2018, BOARD MEETING SUMMARY (MAYOR PRO TEM SARAH SMITH HYMES) 10. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (20 MINUTES) 11. ADJOURNMENT _______________________________________________________________________________________________________________________________________________________________________________________________________ *Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item, and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. TOWN OF AVON MEETINGS FOR TUESDAY, FEBRUARY 13, 2018 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 3 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. RENEWAL OF LIQUOR LICENSES 4.1. APPLICANT: FIESTA JALISCO NUMBERO TRES, LLC D/B/A FIESTA JALISCO LOCATION: 240 CHAPEL PLACE B-12 TYPE: HOTEL AND RESTAURANT LICENSE MANAGER: JOSE G. RODRIGUEZ 5. MINUTES FROM JANUARY 23, 2018 6. ADJOURNMENT ATTACHMENT TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JANUARY 23, 2018 AVON TOWN HALL, ONE LAKE STREET Page 1 1. CALL TO ORDER AND ROLL CALL Chairwoman Fancher called the meeting to order at 5:00 p.m. A roll call was taken and Board members present were Sarah Smith Hymes, Scott Prince, Amy Phillips and Megan Burch. Jake Wolf arrived at 5:01 p.m. Matt Gennett was absent. Also present were Town Attorney Eric Heil, Police Chief Greg Daly, Recreation Director John Curutchet, Planning Director Matt Pielsticker, Public Works Director Gary Padilla, Deputy Town Manager Preston Neill and Secretary Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA No public comments were made. 4. PUBLIC HEARING FOR TRANSFER OF OWNERSHIP Start time: 01:06 4.1. Applicant: China Garden, Inc. d/b/a China Garden Current Owner: 3 Dragons, LLC. d/b/a QI Address: 100 W. Beaver Creek Blvd. New Owner: Sharon Mou Chairwoman Fancher opened the public hearing and no comments were made. Sharon Mou was present to answer any questions. Board member Wolf moved to approve the Transfer of Ownership application for China Garden, Inc. d/b/a China Garden. Vice Chairwoman Smith Hymes seconded the motion and it passed unanimously by Board members present. Board member Gennett was absent. 5. RENEWAL OF LIQUOR LICENSES Start time: 03:26 5.1. Applicant: Bob’s Place, LLC d/b/a Bob’s Place Location: 100 W. Beaver Creek Blvd. Type: Hotel and Restaurant License Manager: Chris Doyle The application was presented with no concerns. Board member Prince moved to approve the renewal application for Bob’s Place, LLC d/b/a Bob’s Place. Board member Phillips seconded the motion and it passed unanimously by Board members present. Board member Gennett was absent. 5.2. Applicant: Millers Bottle Shop, LLC d/b/a Joe’s Liquors Location: 1060 W. Beaver Creek Blvd. #1b Type: Liquor Store License Manager: Bill Holm The application was presented with no concerns. Board member Phillips moved to approve the renewal application for Millers Bottle Shop, LLC d/b/a Joe’s Liquors. Board member Burch seconded the motion and it passed unanimously by Board members present. Board member Gennett was absent. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JANUARY 23, 2018 AVON TOWN HALL, ONE LAKE STREET Page 2 5.3. Applicant: Vistana Colorado Management, Inc. d/b/a Sheraton Mountain Vista Location: 160 Beaver Creek West Type: Hotel and Restaurant License Manager: David Weiss The application was presented with no concerns. Vice Chairwoman Smith Hymes moved to approve the renewal application for Vistana Colorado Management, Inc. d/b/a Sheraton Mountain Vista. Board member Prince seconded the motion and it passed unanimously by Board members present. Board member Gennett was absent. 5.4. Applicant: PHO 20, LLC d/b/a PHO 20 Location: 47 E. Beaver Creek Blvd Unit C13-C14 Type: Hotel and Restaurant License Manager: Cong Huang The application was presented with no concerns. Board member Prince moved to approve the renewal application for PHO 20, LLC d/b/a PHO 20. Board member Phillips seconded the motion and it passed unanimously by Board members present. Board member Gennett was absent. 6. REPORT OF CHANGES- CORPORATION MASTER FILE Start time: 06:54 6.1. Applicant: Dillon Companies, Inc. d/b/a City Market #26 Location: 72 Beaver Creek Place Manager: Jeff Gentilini The application was presented with no concerns. Vice Chairwoman Smith Hymes moved to approve the Report of Changes – Corporation Master file for the Dillon Companies, Inc. d/b/a City Market #26. Board member Phillips seconded the motion and it passed unanimously by Board members present. Board member Gennett was absent. 7. MINUTES FROM JANUARY 09, 2018 Start time: 07:30 Vice Chairwoman Smith Hymes moved to approve the minutes from the January 09, 2018, Liquor Authority meeting. Board member Phillips seconded the motion and it passed unanimously by Board members present. Board member Gennett was absent. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JANUARY 23, 2018 AVON TOWN HALL, ONE LAKE STREET Page 3 8. ADJOURNMENT There being no further business to come before the Board, Chairwoman Fancher moved to adjourn the liquor meeting. The time was 5:08 p.m. RESPECTFULLY SUBMITTED: ____________________________________ Debbie Hoppe, Secretary APPROVED: Jennie Fancher ______________________________________ Sarah Smith Hymes ______________________________________ Jake Wolf ______________________________________ Megan Burch ______________________________________ Matt Gennett ______________________________________ Scott Prince ______________________________________ Amy Phillips ______________________________________ Colorado World Resorts - Rezoning – Ordinance 18-01 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Meeting Date: February 13, 2018 Agenda Topic: FIRST READING OF ORDINANCE 18-01, APPROVING A REZONING OF THE FOLSON PROPERTY, FROM PLANNED UNIT DEVELOPMENT TO THE MIXED-COMMERCIAL AND OPEN SPACE, LANDSCAPING, AND DRAINAGE ZONE DISTRICTS ACTION BEFORE COUNCIL Vote on first reading of Ordinance 18-01 (Attachment A), approving a Rezoning Application for the Folson Property from Planned Unit Development (PUD) to the Mixed-Commercial (MC) and Open Space, Landscaping, and Drainage (OLD) zone districts. PROPOSED MOTION “I move to approve Ordinance 18-01, thereby approving a Rezoning Application for the Folson Property from PUD to the MC and OLD zone districts.” SUMMARY The Folson property was annexed 1985 and has retained PUD zoning status, without an approved PUD development plan. Past proposals were reviewed by the Planning and Zoning Commission (PZC) in 1997, 2006, and 2007, however, no zoning application was ever fully processed or approved by the Town. Last summer staff was approached by the prospective new owners of the property to determine next steps in bringing back a proposal. The development code no longer offers PUD as an optional standalone zone district classification; therefore, an underlying zone district and PUD overlay were recommended to proceed through a review process. PZC WORK SESSIONS At the request of the applicant, the Planning and Zoning Commission held two work sessions to review the updated proposal and to provide guidance prior to filing an application. The work sessions, held on September 19, 2017, and November 21, 2017, were noticed on meeting agendas. While not required, due to the size and location of the project, each work session’s materials were also posted on the Town of Avon webpage, as additional outreach for people to become informed of the development. Direction was provided by PZC to pursue Mixed-Commercial (MC), instead of the originally contemplated Town Center (TC), as the new underlying zoning for the property. The Commission also gave guidance on the mass and scale, height, parking requirements and deed restricted worker housing units. During the work sessions, the PZC learned, through the work of the owner’s geotechnical studies that the concrete drainage structures above the retaining walls would not be needed, plans for a restaurant, trail construction details, and bike share program. Colorado World Resorts - Rezoning – Ordinance 18-01 2 APPLICATIONS Zoning and PUD applications are before the Town Council. The applications were referred to ERWSD, Eagle Vail Community, Eagle County, ERWFD, and USFS. Conversations with CDOT have been ongoing since before the work session took place last year. The PZC did not ask for other agencies, which they may direct, to be included in the referral. Zoning: The attached Application is for two zone district classifications: MC for the Highway 6 & 24 frontage, and OLD for the upper portion of the site which is to remain open space. The Application was reviewed at the February 6, 2018 PZC meeting, where the Commission made a unanimous recommendation for approval. All the PZC materials, including the applications and analysis of the applicable review criteria, are included as Attachment B. While no comments have been received from outside agency referrals, written public comments (Attachment C) were received and are now included in the public record. Additional correspondence and communication from the Town Attorney, Eric Heil, regarding Ex Parte communication is also attached (Attachment D) for Council consideration. Preliminary PUD: The corresponding Preliminary PUD application materials are included herein; a memorandum and separate action for the Preliminary PUD are included as Item 5.2 on the agenda. PROCESS SUMMARY July – August 2017 Pre-Application Meetings September 19, 2017 Pre-Application PZC Work Session No. 1 November 21, 2017 Pre-Application PZC Work Session No. 2 January 15, 2018 Application Complete January 17, 2018 Agency Referrals January 26, 2018 Public Notification and 300’ Mailings February 6, 2018 PZC Public Hearing and Recommendation AVAILABLE ACTIONS • Approve First Reading, setting the Public Hearing date for February 27, 2018. • Continue First Reading to the February 27, 2018 Meeting. • Deny First Reading ATTACHMENTS A. Ordinance 18-01 B. PZC Materials, including Applications C. Written Public Comments received through February 9, 2018 D. Memorandum from Town Attorney, dated February 8, 2018     Ord 18-01 Folson Property Rezoning February 13, 2018 FIRST READING Page 1 of 5    TOWN OF AVON ORDINANCE 18-01 APPROVING A REZONING OF THE FOLSON PROPERTY, TOWN OF AVON, FROM PLANNED UNIT DEVELOPMENT TO THE MIXED- COMMERCIAL AND OPEN SPACE, DRAINAGE, AND LANDSCAPING ZONE DISTRICTS RECITALS WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, The Town of Avon (“Applicant”) has submitted a Rezoning application affecting the following property (“the Property”) by applying the Mixed Commercial (“MC”) and Open Space, Landscaping, and Drainage (“OLD”) zone district classifications: Folson Property, Located in Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian; WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on February 6; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence and staff reports; and then took action with a unanimous recommendation to the Town Council for approval of the Application; and WHEREAS, in accordance with AMC Section 7.12.020, Town Council, and in addition to other authority granted by the Town Charter, its ordinances and State of Colorado law, the Town Council has application review and decision-making authority to approve, approve with conditions or deny the Application; and WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, held public hearings on February 13, 2018 and February 27, 2018, and prior to taking final action considered all comments, testimony, evidence and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, pursuant to AMC Section 7.16.050(c), Review Criteria the Town Council has considered the applicable review criteria for a Rezoning application; and WHEREAS, the Application complies with AMC Section 7.16.050(c), Review Criteria, and is consistent with the Comprehensive Plan’s goal of providing a balance of land uses, and inviting guest accommodations that strengthen Avon’s identity as both a year-round residential community and a tourism center; and ATTACHMENT A     Ord 18-01 Folson Property Rezoning February 13, 2018 FIRST READING Page 2 of 5    WHEREAS, the Property is physically suitable for mixed-use projects as outlined in development standards and AMC Section 7.24.040, Table of Allowed Uses; and WHEREAS, the Application will provide for orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in the Town in accordance with the Purpose statements in the Avon Development Code; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing in order to provide the public an opportunity to present testimony and evidence regarding the application, and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Rezoning. The Property is hereby rezoned and the Official Town of Avon Zoning Map shall be amended to designate the Property as MC and OLD as depicted in Exhibit A. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect upon satisfaction of the condition sets forth in Section 4, but in no event shall take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of pubic convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. ATTACHMENT A     Ord 18-01 Folson Property Rezoning February 13, 2018 FIRST READING Page 3 of 5    Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] ATTACHMENT A     Ord 18-01 Folson Property Rezoning February 13, 2018 FIRST READING Page 4 of 5    INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on February 13, 2018 and setting such public hearing for February 27, 2018 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on February 27, 2018. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney ATTACHMENT A     Ord 18-01 Folson Property Rezoning February 13, 2018 FIRST READING Page 5 of 5    EXHIBIT A ATTACHMENT A CO World Resorts Rezoning & Preliminary PUD 1 Staff Report – Rezoning & Preliminary PUD February 6, 2018 Planning & Zoning Commission Meeting Project Files Case #REZ18001 & #PUD18001 Current Zoning Planned Unit Development (PUD) – No Development Plan Proposed Zoning Mixed Use Commercial & PUD Overlay Address Not Assigned | Highway 6 & 24 Legal Description Folson Property Subdivision Prepared By Matt Pielsticker, AICP, Planning Director Introduction The Planning and Zoning Commission will conduct a public hearing and review two development applications, collectively referred to as the “Colorado World Resorts” Hotel and Condominium project. The applications include: 1) Rezoning. Change the underlying zoning from the Planned Unit Development (PUD) designation to the Mixed-Use Commercial (MC), and Open Space, Landscaping, and Drainage (OLD) zone districts. 2) Preliminary PUD. This overlay district is processed in two steps: preliminary and final. The PUD overlay would be on top of the MC zoning classification and is intended to allow a flexible development pattern not specifically provided for in the Development Code. Variations to the building height (increase), natural resource regulations (40% slope development), and parking regulations (reduction) are sought. The applications include a project description narrative (Attachment A), and plans (Attachment B) to detail the site and building design characteristics. In addition to the public notification requirements and mailing to owners within 300’, agency referrals were sent to special districts and adjacent land managers for comments. Written comments received by February 2, 2018 are included as well (Attachment C). Process The review processes require a noticed public hearing with PZC, and a recommendation on both applications forwarded to Town Council. The Town Council shall review and render a final decision on the Rezoning application after conducting another public hearing, and action on two readings of an Ordinance. The Preliminary PUD requires a public hearing before Council. Unless otherwise approved by the Town Council, approval of a preliminary PUD application shall vest no rights to an applicant other than the right to submit a final PUD development plan. There is a six (6) month timeframe following approval of a Preliminary PUD plan, whereby the applicant must initiate the second stage of the process by filing a Final PUD plan and proceed through the same process with PZC and Town Council. Property Background The property was annexed in 1985. Shortly after annexation, the Town of Avon Official Zone District Map was amended to include the property as zoned Special Planned Area (SPA); the SPA zoning was the precursor to PUD and allowed development proposals that vary from the Town’s zoning ordinance. ATTACHMENT B CO World Resorts Rezoning & Preliminary PUD 2 However, no development plan has ever been approved for the property. Over the years there have been several development proposals and conceptual reviews, the most recent concluding in 2007. Rezoning Review Criteria Analysis The review process and review criteria for zoning amendments are governed by AMC §7.16.050, Rezonings. PZC shall use the following criteria as the basis for a recommendation on the Rezoning Application to the Avon Town Council: (1) Evidence of substantial compliance with the purpose of the Development Code; Staff Response: The Purpose of the Development Code is to divide the Town into zones and regulate the siting and appearance of built structures. The overarching goals of the Development Code are summarized below: • Avoid traffic congestion and promote mass transportation and enhancement of attractive and economical pedestrian opportunities. • Promote light, air, landscaping and opens space while avoiding sprawl and hapless environmental degradation. • Sustain our local water resources. • Provide adequate open space, while sustaining the tourist-based economy, and preserving property values. • Promote architectural design which is compatible, functional, and complimentary to Avon’s sub-alpine environment. • Achieve a diverse range of attainable housing. The rezoning application has been reviewed and found complimentary to the purpose statements of the Development Code. The MC zone district strikes a balance between tourist-based needs and the preservation of property values and the environment. The proposal for MC zoning on the Highway 6 & 24 frontage, coupled with OLD zoning on the upper hillside, will ensure a compact development form that meets the goals of the development standards. Additionally, a mix of housing is proposed in order to offset some of the employee generation of the project on-site. (2) Consistency with the Avon Comprehensive Plan; Staff Response: The rezoning application is consistent with the overall goals and policies of the Comprehensive Plan. General land use goals and policies from the Avon Comprehensive Plan worth noting include: Goal B.1: Provide a balance of land uses that offer a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities that work in concert to strengthen Avon’s identity as both a year- round residential community and as a commercial, tourism and economic center. Goal B.4: Encourage commercial development that enhances Avon’s overall economic health, contributes to the community’s image and character, and provides residents and visitors with increased choices and services. Policy B.5.1: Ensure infrastructure improvements include sidewalks, utilities, and controlled access from collector roads, like Nottingham Road. Policy C.1.4: Extend Town Center urban design principles to appropriate adjacent Districts. ATTACHMENT B CO World Resorts Rezoning & Preliminary PUD 3 Policy C.2.3: Reinforce community gateways along major roadway corridors that strengthen Avon’s community identity. Policy E.1.4: Integrate attainable housing within large developments and throughout Town. The property is located in District 4: U.S. Highway 6 Gateway District. The area includes all of the Highway 6 frontage from the subject property to West Beaver Creek Boulevard, and is focused on the day skier parking lots of Beaver Creek. The plan acknowledges that most of the parcels are outside of Avon’s municipal boundaries, but seeks coordination with Eagle County on future plans for the area. The planning principles for this district include: • Work with CDOT to enhance the U.S. Highway 6 right-of-way to provide a sense of arrival and departure for those traveling to and from Avon, and to strengthen Avon’s overall community image and identity. • Screens ski area parking and other accessory uses. • Creates strong pedestrian connections to the Riverfront and Town Center Districts. • Minimizes cut areas and preserve areas of steep slopes. Buildings should be built into the hillside and stepped up with rising topography to reduce their dominance above U.S. Highway 6. • Shares property access when appropriate. • Preserves access to the Eagle River. DISTRICT 4 – HIGHWAY 6 GATEWAY DISTRICT ATTACHMENT B CO World Resorts Rezoning & Preliminary PUD 4 While the rezoning application in and of itself does not achieve the principles outlined for the U.S. Highway 6 Gateway District, the design plans submitted (Attachment B) with the PUD demonstrate a commitment to a structure that will be built into the hillside, limiting development on steeper portions of the property, with shared (emergency) access. The development concept for CO World Resorts would preserve all areas above the structure with passive use and multi-use trails. The building is set into the hillside with a single step back on the highway side of the building where the height reaches up to 95’ tall, as evidenced by the building sections in the plans. The finer details of how a project would fit onto the property would be vetted with a forthcoming development plan application. The perspective and 3-D modeling demonstrates the intent to provide a landmark development that fits into the steep topography of the site. (3) Physical suitability of the land for the proposed development or subdivision; Staff Response: The property is largely non-developable; areas abutting highway 6 and 24 are generally more suitable to development called out for the MC zone district. There are a series of retaining walls required to support the site plan and adjacent parking areas, which is expected with the abrupt topography. The upper 15 acres of the site are not suitable for development, which makes the OLD zone district appropriate to preserve the land as it is today, and to accommodate passive recreation use. Staff will propose a covenant restriction for the upper lot to ensure uses are controlled in addition to the zoning designation. (4) Compatibility with surrounding land uses; Staff Response: The surrounding is undeveloped open space, United States Forest Service property, as well as a tract of undeveloped land between the River Oaks condominiums to the east. In many ways the lot is considered an “island” property, with limited direct impact to adjacent development. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned; Staff Response: The property has been historically zoned SPA and PUD without a development plan or approved standards. Rezoning to MC and OLD is found to be appropriate given that all Town properties in the vicinity have been developed. (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; Staff Response: Much of the infrastructure needed to serve the development is in close proximity. No water rights have been assigned to the property; therefore, water rights from the Upper Eagle Regional Water Authority (UERWA) must be obtained. The applicant must secure an appropriation with approval by the UERWA board and a cash-in-lieu payment; otherwise water rights will need to be secured. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district(s); Staff Response: The rezoning is found to be consistent with the stated purpose of the MC and OLD zone districts. As outlined in Sec. 7.20.080(b), the MC district “is established to group and link places ATTACHMENT B CO World Resorts Rezoning & Preliminary PUD 5 used for working, shopping, educating and recreating with residential uses, thereby creating a compact community form. This district allows commercial, office, civic, townhouse and apartment uses and….is the preferred district and development type in Avon. The mostly vertical mix of uses will reduce vehicle trips, relieve traffic congestion and provide an urbanized, pedestrian environment. MC implements the mixed-use land use classification of the Avon Future Land Use Plan and should be located adjacent to the Town Center as a transitional district.” The property is suited to a mix of land uses that is connected with pedestrian improvements and regional transportation networks. The OLD district is “intended for areas that will be public or private undeveloped open spaces. Some landscaping and drainage control work may be necessary and desirable. The OLD district may also be used to preserve and protect land areas of special or unusual ecological or geographic interest. There are no dimensional requirements for this district.” The upper reaches of the property have unique rock formations and a tree canopy distinct from other valley floor parcels in Avon. The upper areas within the open space will be preserved and open to public use. (8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; Staff Response: Staff does not anticipate any adverse impacts upon the natural environment. By rezoning the majority of the upper portion of the property as OLD, it would be protected from development or further impacts. Development must conform to the environmental regulations contained in Title 7: Development Code. To provide assurance that water use for landscaping is meeting the goals of the Landscaping Regulations and those of the ERWSD, staff recommends that additional informa tion be provided at Final PUD. This would include items such as a water budget, irrigation requirements, and clear enforcement provisions moving forward. (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Staff Response: No substantial impacts to other properties in the vicinity are envisioned with MC or OLD zoning designations. Natural and manmade buffers existing in all directions of the property. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and, Staff Response: The existing PUD does not have an associated Master Plan or development plan approval. Therefore, this criterion is not applicable. (11) Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. Staff Response: No direct mitigation is recommended for the rezoning application. If rezoned MC and OLD, staff does not foresee a significant increase in demands on public facilities. The accompanying PUD application presents additional development potential and therefore some mitigating “benefits” are offered by the applicant and addressed accordingly with the PUD application. ATTACHMENT B CO World Resorts Rezoning & Preliminary PUD 6 Preliminary PUD Review Criteria Analysis The Development Code process for a PUD overlay is governed by Section 7.16.060 of the Development Code, and includes a multiple step process: 1) Determine Eligibility; 2) If found eligible move to Preliminary PUD Application; 3) If approved, move to Final PUD Application. Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the PZC shall consider the following criteria when forming the basis of a recommendation: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Staff Response: The PUD overlay district confers several public benefits as outlined in the attached project narrative. If developed as proposed, there would be guaranteed worker units constructed on and offsite, as well as additional public open space for trailhead and access to an overlook of Town. Staff also finds that the property is unique in its location and physical constraints, and a sound candidate for a PUD overlay based on the Development Code standards being more suited toward smaller lots in the Town Core. Most of the trees and vegetation on upper benches of the property would be preserved in perpetuity, which ensures the long-standing aesthetic of a natural forest unique within the municipal boundary. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: Staff finds no detrimental effects on the public health, safety or general welfare with a change in building height or small reduction in parking requirements for a standalone project. With any hillside development, drainage and physical concerns must be mitigated and addressed with a development plan application. (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b); Staff Response: The attached Preliminary PUD was found to be eligible with the criteria set forth in Section 7.16.060(b), Eligibility Requirements, with public benefit commitments and preservation of natural site features. Additionally, compatibility with the Avon Comprehensive Plan is cited above in the Rezoning analysis. (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; Staff Response: The facilities and services necessary to serve the development are either in place, in process, or will be addressed with a Final PUD application. Staff is recommending that a General Improvement District be created, like that which was approved for the neighboring Ascent project, to off-set demands on services (i.e. transportation) with a levy of taxes. Water supply and demand assurances must be approved by UERWA and addressed with a Final PUD. No comments were received from the fire district or other emergency service departments. (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; ATTACHMENT B CO World Resorts Rezoning & Preliminary PUD 7 Staff Response: The proposed Application will not result in any “significant” adverse impacts upon the natural environment, compared to the underlying (blank PUD) zoning. Mitigation is required by the Development Code for all development within the Town. For example, a stormwater control plan is a requirement with a Development Plan submittal and must demonstrate water quality standards. Other details would be vetted with a Development Plan application. (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and Staff Response: The underlying zoning is proposed to be Mixed-Use Commercial. If the new MC zoning classification is approved, there are no significant adverse impacts anticipated with a parking reduction and building height increase for portions of the mixed-use hotel/condominium structure. Keeping development contained to a single structure with mostly underground parking is found to mitigate externalities that are experienced with other large developments in Town that do contain expanses of surface parking. If palatable to PZC, staff would recommend additional decreases in parking standards which would eliminate the surface parking extending as far east toward the bus stop. (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Staff Response: Hotel, condominium, restaurant, and small retail spaces are found to be compatible with existing and potential future uses in the vicinity. The area is a mix of affordable, local, and second home- owner residential development. State highway requirements will ensure that access is safe and does not present conflicts with other properties in the immediate area. Available Options 1. Continue the Public Hearing to a date certain, pending additional information. 2. Approve Findings of Fact and Record of Decision recommending that the Town Council approve the application(s), together with findings. 3. Approve Findings of Fact and Record of Decision recommending that the Town Council deny the application(s), together with findings. Recommended Motions: MOTION NO. 1 - Rezoning “I move to recommend Town Council approval of Case #REZ18001, an application for rezoning of the Folson Property from PUD to MC and OLD zoning, together with the findings of fact listed in staff’s report.” The following Findings may be applied to the Rezoning Application: 1. The Application was reviewed in accordance §7.16.050, Rezonings, Avon Development Code, and is found to be in substantial compliance with the review criteria and Avon Comprehensive Plan, as outlined in staff report; 2. The Application is substantially compliant with the purpose statements of the Development Code by providing for the orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in Town; and 3. MC and OLD districts are found to be compatible with adjacent residential development based upon the intent to integrate mixed-use buildings that transition from residential to commercial development found in the Town Core. ATTACHMENT B CO World Resorts Rezoning & Preliminary PUD 8 MOTION NO. 2 – Preliminary PUD “I move to recommend Town Council approval of Case #PUD18001, an application for a Preliminary PUD, together with the findings and conditions listed in staff’s report.” The following Findings may be applied to the Preliminary PUD Application: 1. The property and project are eligible for PUD approval based on the eligibility requirements in Section 7.16.060 (b), Eligibility Criteria. 2. The Application is substantially compliant with the purpose statements of the Development Code by providing for the orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in Town; and 3. The Application demonstrates compliance with the goals and policies of the Avon Comprehensive Plan. 4. Compared to underlying MC zoning, the PUD overlay exceptions would not result in significant adverse impacts upon other properties. 5. The tangible public benefits presented with the PUD application are commensurate with the increase in building height, reduction in parking, and limited development on 40% slopes. Conditions to be addressed with Final PUD Application: 1. A complete Final PUD must be submitted within six (6) months of Town Council action. 2. The application will include the following submittal requirements: a. Landscape Plan prepared by a Licensed Landscape Architect. Irrigation and water budgeting based on best management practices and environmentally responsible/reasonable use shall be incorporated into the PUD guide at the requirement of the Upper Eagle Regional Water Authority (UERWA). b. Preliminary Subdivision, as specified by Section 7.16.060(e), Procedures, shall be submitted concurrently with Final PUD. c. Comprehensive Plan Amendment will be submitted for Mixed-Use designation on Future Land Use Map. d. Water Rights obtained by UERWA. e. Development Agreement addressing the following requirements: i. Worker Housing Units ii. General Improvement District iii. Trail Construction, Pedestrian Gathering, and Restrictive Use of Open Space iv. Landscaping Guarantees v. ECO Bus Shelter Replacement Attachments A. Application Narrative B. Application Plans C. Public Comments ATTACHMENT B Colorado World Resorts, LLC TAB Associates, Inc. Colorado World Resorts PUD Preliminary PUD Application & Re-Zoning Project Description January 15, 2018 ATTACHMENT B 1 | Page TABLE OF CONTENTS Page 2 PROJECT TEAM Page 3 Project Overview and Process Page 5 Town Center Zoning – PUD Differences Page 6 Building Mass Page 7 Building Height Page 8 Front Door Experience Page 9 Amenities Page 10 Fire Egress Page 11 Traffic and Parking Page 13 Connectivity Page 14 Value Add to Town Page 16 Findings and Conclusions Page 16 DESIGN STANDARDS PUD Information Review of PUD Application Public Benefit Criteria Page 20 Rezoning Criteria Page 23 PROJECT DESCRIPTION Introduction Existing Conditions Existing Zoning and Land Use Page 24 Town Center – Dimensions Chart Page 25 DEVELOPMENT PLAN Project Phasing Page 26 Access and Circulation Employees Page 27 Parking Analysis Shuttle Service Open Space Page 28 Geological Study APPENDIX Exhibit A Comparison Chart of example projects – Height, Massing, Density, Disturbance. Exhibit B Possible Square Footage and Program Information – numbers may vary from PUD application. PUD application supersedes. Exhibit C Traffic Report Exhibit D Partial Avon Multimodal Transportation and Parking Plan Final Report July 2017 - - LSC parking report and support data. Exhibit E Geotech Report – Revised 2017 Exhibit F Goetech Report – Original 2006 Exhibit G Project Images ATTACHMENT B 2 | Page PROJECT TEAM Owner Colorado World Resorts, LLC 6460 S. Quebec St Building 5 Centennial, CO 80111 Colorado World Resorts LLC and its predecessor companies have been family owned and operated in Denver, CO for over 25 years. Since founding, the company has built, remodeled and operated 17 branded hotels in the Denver area (3 new and 14 remodeled). Including other members of the team over 60 hotels have been owned and/or operated in the Denver market area. The company is an approved Hilton Hotel brand builder and operator. Brands built and operated include Ramada, Days Inn, Hampton Inn and Suites, Fairfield Inn and Suites, Microtel, Wingate, Clarion and Super 8, IHG Hotels and independently branded hotels. The company also has roots as a European custom home builder. They have built over 500 homes (ranging from 3,000s.f. - 40,000 s.f.) in the Denver area and has also completed over 2 million square feet of home and commercial remodeling. This combined with the teams avid love of skiing, mountaineering, golf, outdoor sports and the Vail Beaver Creek area, will result in a beautifully designed and meticulously operated property over the long term. CWR (as a show of good faith) has recently closed on this property showing the dedication to making this project work. Architect TAB Associates, Inc. 56 Edwards Village Blvd Suite 210 Edwards, CO 81632 Tab Bonidy, President Greg Macik, Principal Civil Engineering Alpine Engineering, Inc. P.O. Box 97 Edwards, CO 81632 (970) 926-3373 (970) 926-3390 fax Geology Hepworth-Pawlak Geotechnical 5020 Road 154 Glenwood Springs, CO 81601 (970) 945-7988 (970) 945-8454 fax Wetlands Western Ecological Resource 711 Walnut Street Boulder, CO 80302 (303) 449-9009 (303) 449-9038 fax Traffic LSC Transportation Consultants, Inc. 1889 York Street Denver, CO 80206 (303) 333-1105 (303) 333-1107 fax Environmental Impact Report Watershed Environmental Consultants, Inc. P.O. Box 4618 Eagle, CO 81631 (970) 328-4364 (970) 328-4364 fax ATTACHMENT B 3 | Page Project Overview and Process We have currently reviewed this project with the Planning and Zoning commission during two previous work sessions in September and November of 2017. We have worked through many issues brought up by the Commission with continual development for a great project. Although, we do understand some members still have concerns about multiple issues and conditions. We will continue to work as a team with the Commission to make the BEST project for the Town of Avon and our community. This submittal is for two items. Re-Zoning of the existing property to Mixed-Use Commercial and then Re- Zoning with a PUD overlay of the new mixed-use commercial zoning. Property The property is commonly known as the Folson property. Colorado World Resorts, LLC, as of December 20th is the new Owner of the property. The 21.52 acres site is contiguous to and east of the Ascent Development which is directly east of the Beaver Creek Roundabout. Colorado World Resorts, LLC is proposing a Hotel/Condominium complex located in the lower west portion of the property. The project is being proposed as a single phase project. The project site does begin to rise steeply after the rather flat front portion of the site. We have concentrated the development on the lower flat section of the site to avoid as much as possible the steep slopes of the site. Condominiums will be for sale units. Hotel portion will be a boutique Hotel without a major brand attachment at this time. Additional Mixed-use commercial is also being planned. Some ideas to still be coordinated and discussed is small commercial spaces (Ski shop, Barista, Jewelry, Art Gallery and Restaurant) TAB Associates, Inc. began working with a developer on this site in 2006. By January of 2008 we were close to an approval prior to economic issues and Owner withdraw from the project. Since 2008 we have had at least six different developers approach us to help research and purse a new development. Projects similar to this one, hotels, commercial and etc have been discussed. In most cases the potential developer withdrew due to the complexity of the site and limited site area in relationship to potential salable square footage. Colorado World Resorts, LLC approached us in July of 2017 to potentially resurrect the project that was abandoned in 2008. We do believe the process we went through in 2006 and 2007 developed a project that met and still meets the Town Code. We purposefully followed the previous process so as to build upon all the work and decision making previously done and agreed upon, and this is a foundational premise so as to not waste building or P&Z time. As you will learn we have carefully reviewed the new Avon Town Code, Comprehensive Plan and Strategic Plan to assure we meet the current plans and Code. . Proposed Use Description Colorado World Resorts, LLC is proposing a Planned Unit Development (PUD) overlay of the Mixed-Commercial Zoning pursuant to the Town of Avon Comprehensive Plan and direction received from the Planning Staff and the Planning and Zoning Commission. We will be asking for various deviations from the Mixed-Commercial Zone District and Town Code. Building Height Revised Setbacks Parking Requirements Building in Steep Slopes ATTACHMENT B 4 | Page The following pages provide charts which are a point by point response to what we heard during our September and November work sessions. November work sessions comments added in italics. Items we heard that were issues or items which needed further explanation and information: Town Center Zoning/ PUD Differences Building Mass Building Height Front Door Experience Amenities Traffic and Parking Connectivity Value Add to Town ATTACHMENT B 5 | Page Town Center Zoning/ PUD Differences P& Z Comments – 09/19/17, 11/21/17 Response  Is the site Residential? Should we consider this a Grandfathered, continuation of 2007 applications? Is the project appropriate for site and Avon? Some Favored the project on the site. Base Camp- Ex PUD Zoning. Town Center is not appropriate Site is transitional site  Residential – It is part of a transitional zone from condo to medium density o Continue to review as PUD o Town Center Comparison o Creates transitional zone considering Eagle Vail medium density is over 350 yards away and separated by large mountain.  We have revised underlay zoning to Multi Use-Commercial  Height (MC-60 feet) – (PUD-95’) o Stepped VS Flat o Average TC Height – 93’-3” (5 Studied) o We will be restricted to 45% of building. TC does not limit. Could build 60 feet across entire project. We are restricting our project more than other projects in Town.  Increased Setbacks o Front – (MC-10) – (PUD-40’) o Side – (MC-0) – (West - PUD-22’, East- PUD-80’) o Rear – (MS-10) – (PUD-50’) o PUD is More restrictive than MC projects.  Lot Coverage (MC-50%) – (PUD-50%) o Building – Lot Coverage 33.9% of 40% slope o Impermeable Site and Building – 65% of 40% slope. o Building - Lot Coverage 16.3% of entire north portion o Impermeable site and Building – 31.5% of entire north portion o Site Disturbance 58.4% of entire north lot o Average Town Center coverages – 80% (5 Studied) o No comparison. Disturbance is less than any other project in Avon   Landscaping (MC-20%) – (PUD-30%) of North Lot  Goal of PUD standards are to create the transition wanted from the Ascent and put restrictions on the property which are much more restrictive than Multi-Use Commercial (MC) guidelines. We are only asking for the height and in addition burden the project with other items beyond the MC. Height – Stepping (more restrictive height limitations) Setbacks – More restrictive larger setbacks. Landscaping – Higher percentage of landscaping ATTACHMENT B 6 | Page Building Mass P& Z Comments – 09/19/17, 11/21/17 Response  Move mass east Shift lower floor to create more stepping Correct disturbance numbers Perspective showing massing comparison Small building on east side Provide additional pedestrian views Provide additional clarification of pavilion building  Stepped west portion and shifted height to middle of building  Moved garage entry  Lowered building levels 5 feet o Overall height to 95 feet.  Site Disturbance (All walls, grading, building, etc) – 16.3% entire site  Added more massing examples o Examples and comparisons show we are in the average across the Town. o Additional site sections and pedestrian 3-D views provided.  Stepped building to lower height zone on west o We have continued to step the west portion of the building by removing an additional floor on the end so the building lines up with the Ascent roof line. We did add some additional length to the east end of building to replace the 8 units lost on the west.  Discussing small pavilion building for trail usage o Define building – Welcome center type building with trail maps for site and Town of Avon trail system. Covered for protection. Approximately 30’ x 30’. o Possible Picnic location. See also the appendix for Town of Avon Comparison Chart. Chart shows the comparison of a number of development items for 5 existing structures in the Town. Square Footage Units Density Footprint Disturbance Height Parking ATTACHMENT B 7 | Page Building Height P& Z Comments – 09/19/17, 11/21/17 Response  Show Height Comparisons to other buildings Comparison showing year built, parking, square footages of disturbance and footprint, density Height not an issue vs massing Precedent Set in TC. Is it a Transitional Property? Height reduction enough? East hill not part of transition. Overall agreed building fits against hill  Lowered height from 104’ to 95’  We have kept the stepping limitations  Comparisons are shown in new images as well as noted in Comparison Chart in Appendix.  Compatible with Avon structures in height and massing o Continued to reduce massing on west end to better tie into Ascent  Can argue fits better against hill than in middle of town  Transitions from Ascent to hillside to Eagle-Vail   West lowest height is equal to height of the Ascent.  We are asking for a restricted stepped building height as outlined further in this description. This would put restrictions in the PUD which would allow us to only achieve certain heights as percentages of the building length. This would insure a stepped building height. Town Center building height is noted as 80 feet but the Avon Center, Sheraton and Westin are above 90 feet. We maintain the building mass becomes a part of the massive mountain that creates the site. It blends more appropriately versus a longer lower building. We have pushed the building further back up the hill to move it further from the road and thus give more relief. We feel the building mass creates an extension of the existing developments and does not create a canyon effect. We could achieve a lower building height by creating a similar situation as the Accent by digging out the grade and starting the building lower on the site. We chose to work with the site instead of digging it out. We still feel the building height proposed is the best compromise to address the site constraints as well as economic constraints. a) Proposed 95 foot height is 24 feet higher than Ascent as measured per Town Code. i) This development should not be held to the fact the Accent removed grade to achieve a lower main level. ATTACHMENT B 8 | Page Front Door Experience P& Z Comments – 09/19/17, 11/21/17 Response  Entry Not so Massive Decks and overlooks Green Space in Front- Reduce Asphalt What are retaining walls? Pedestrian Perspective South Façade more attractive Parking Lot Lighting Provide landscape plan accurate to town standards Concern about height of walls  Many items are more for the Design Review Stage – still working on  Reduced entry elements  Reduce asphalt and created more green space to the west. o Fire Access confirmed but reduced in scale and paving material. Grass Crete. o Will consider and use Landscape Architecture for Mitigation  Will hire Landscape Architect for future submittals and design review. Still compelled to provide high level of landscaping. o Parking discussion – Plans show possible full code parking to east. Can be deleted if parking reduction is acceptable.  More images showing stone veneer retaining walls. Walls are reduced at the street frontage. o More consideration for the street level - Pedestrian Images  Parking Lot lighting – Night sky compliant. Reduce tall lights against Hwy 6, address from farther back in lot. o Will further develop lighting plan with emphasis on low or bollard lighting against hwy 6.  Lower site walls – We will attempt to keep the exposed walls along Hwy 6 to under 6 feet high. We have begun to break up the upper walls above the parking lot to lower the heights as well as provide larger planting areas for more landscaping. We have reduced the retaining walls along Hwy 6 to very minimal in height. The more parking not installed the less walls will be required. ATTACHMENT B 9 | Page Amenities P& Z Comments – 09/19/17, 11/21/17 Response  Employee Housing a must. Off site not preferred Mixed use necessary? Discussions about trail- is bike or hiking appropriate? More definition of trail amenities  8 Units o Deed restricted housing on site. o Or off site o What would be needed if site required housing? None are required due to size and site disturbance being less than 60%. If we used the housing mitigation calculations on this project 8 units are calculated.  Typical housing minimums per Town of Avon Code - 1 bedroom suite 500 sqft or 1 bedroom in a housing unit 750 sqft. o We are proposing 8 units with a minimum of 4 on site. We would consider additional units provided offsite. These offsite units would not be provided in existing low income areas. For example: purchase of housing units in Chapel Square of similar locations in the Town of Avon could occur. We are open for further discussion.  Feel some Commercial can be a further draw to site and amenity for users on site.  Developed a possible Trail System o Conservation Easement TBD o Trail is designed for a bike which means it is flatter than a possible hiking trail. Bikes were considered since there is a bike trail in close proximity at the top of the mountain. Working with the National Forest could occur to connect paths. o The trail as designed could access at least two current view points.  The first bench is near the first switch backs and is a bench just west and above Eagle-Vail. Great place to watch the sun rise.  The second spot is the incredible valley views from the gypsum hills above Beaver Creek. Sunsets, fireworks – best seat in the house.  The TOA Bike Share program was researched. Project will support a bike share location on site.  Sustainable Design o Shuttles – Fuel efficient and possible electrical vehicles for local routes o Design – Most codes require efficiencies in design. The ATTACHMENT B 10 | Page intent is to establish additional sustainable goals in the design beyond those required by code. o Zero Waste – Develop a “zero” waste program for the building operations which would include using all recyclable products sending no products to the landfill. Fire Egress P& Z Comments – 09/19/17, 11/21/17 Response  Other design options? Follow up with Fire Department- Update? A Option Preferred  Site Plan o A Option – drive through  There is an Easement in place on the ascent property. Would need to adjust south for road alignment.  Preferred option by FD. o B Option – hammer head no access road. Created more wider disturbance.  Discussed with FD – Fire access to west portion of building is required. o Building can not be reached from Hwy 6. ATTACHMENT B 11 | Page Traffic and Parking P& Z Comments – 09/19/17, 11/21/17 Response  CDOT Concerns Show Comparisons How does Shuttle Service work? More information about operation, stops, etc. Correct Employee Count Employee Parking Plan Where would employees actually park if not on site. Not in favor of parking reductions Majority on board with parking reduction with additional information about shuttles. Challenge of Historic Study numbers.  Updated traffic study o 20% reduction for Shuttle o Initial discussion with CDOT and TOA. o Site plan shows suggested turn lanes and Hwy 6 improvements.  24 hour shuttle service - operation and benefits o Safety o High Level of service o 3 Shuttles (Local, Eagle, Denver) o Additional fuel efficient cars will be used as need. o Additional information has been provided in the following guide.  Employees o 53 on site o Parking Plan  Use of shuttle of local routes  On bus route  It is our intent at least 25% of the employees will be able to park on site in designated areas.  Parking Reduction o 20% Standard CDOT reduction (for traffic) with use of shuttle o 9% overall reduction o Our current numbers still show a reduction of 9%. The site plan included in the drawing set show in the red box the possible parking we would need to add to meet the Town code. We still make the point the parking is not required and reducing the surface parking even more is a better site plan. The parking if proven later that it is needed it could be added. o We have updated our Traffic report which lays out a number of discussions backup up our proposed reductions. See page 3 of the Traffic Report. o July 2017 – Avon Study (suggestions and findings) Partial copy attached in Appendix. This is provided for a comparison only. Report is still pending TOA review and approval. ATTACHMENT B 12 | Page  Study attached in appendix. Provides actual parking counts which were used to determine reduction possibilities.  15% 2017 Avon Study – Mixed Use  2017 Avon Historic Study - .8-.94 parking used per unit.  Suggested parking option - 1.25 per unit – Covers all uses on site. We would only need to add 20 more spots to meet this requirement. This would be calculating parking a different way than the current code. ATTACHMENT B 13 | Page Connectivity P& Z Comments – 09/19/17, 11/21/17 Response  Sidewalk extents Bike route What facilitates pedestrian use? Who owns conservations easement and trail system? It is what it is?  Sidewalk extends to bus drop off o Topography interrupts o Extension of sidewalk system to bus stop and possible trail system  Extension, trail and uses facilitates o New Biking and Hiking trail could possibly connect to other existing trails in Beaver Creek and the National Forest.  Ownership of Easement still TBD o Eagle Valley Land Trust? o On site Ownership? o Other  It is what it is? o Topography – extends to bus stop o Building is end of path, extension of Trail  Replace existing bus stop with new ECO standard bus stop with upgrades per ECO transit. ATTACHMENT B 14 | Page Value Add to Town P& Z Comments – 09/19/17 Response  Room Occupancy need? Open Space Plan  Need for Middle Upper Class Rooms   Continued growth since 2010.   Westin, BG Ritz, Park Hyatt, Four Seasons  o Average Daily Rate (ADR) increase 37%  o Revenue Per Available Room(RevPAR) increase 57%  o Room Demand up 15%  o 61% average occupancy (12 month)  o 90%‐100% during peak  o 2016 revenue up 58%     Trail – Proposed hiking and biking trail o Proposed pavilion (information building) at trail head o Connection to existing hiking and biking trails above mountain. Possible connectivity. o New Path provides various opportunities for access to view areas and connectivity to existing trails. o Parking – 6 spaces can be dedicated for trail parking.  Spaces are included in current parking count.  15.5+ acres open conservation easement  Additional 2+ acres not developed on building lot The Vail Valley area has a well-established lodging market that offers a wide range of product. At the higher end of the range are luxury projects that have good locations relative to skiing and the resort core areas, and usually a sizable amount of meeting space. The latter is important for supporting occupancy during the summer and off-seasons, particularly for larger properties. Lodging market conditions have been improving since 2010. The state economy is expected to continue to grow, and lodging demand year-round is expected to increase, and Vail-Beaver Creek are expected to continue to be a world leader. Based on a proprietary STR report produced on October 6, 2017 for 4 key properties in the area (Westin Riverfront, Ritz-Carlton Bachelor Gulch, Park Hyatt Beaver Creek, and Four Seasons Resort Vail, taken as a group from 2011 through August 2017): ADR ($) has increased from $341.05 to $467.11, up 37%; RevPAR has increased from $182.36 to $286.44, up 57%; ATTACHMENT B 15 | Page Supply of rooms is essentially flat and demand for rooms is up 15% and trailing 12 month average occupancy is 61%, with particular days of the week during peak season at 90-100% occupancy. Revenue ($) for the group was $48.6mm in 2011, and $76.7mm in 2016 (up 58%). 2017 YTD is running approximately $2mm ahead of 2016 pace. These are very strong ADR’s with very stable resort occupancy in a top world renown resort community. Conditions are perfect for developing a property that is positioned on the mountain side of Route 6, positioned as middle upper class luxury segment, just below the upper upper class luxury segment (Westin) and luxury class segment (Ritz, Park Hyatt and Four Seasons). Volume of residential sales has gradually increased with steady improvement in prices per square foot. ATTACHMENT B 16 | Page Findings and Conclusions  We are disturbing approximately 3.5 acres of the entire site including buildings and all site walls.  15.5 acres dedicated as conservation easement.  Trail system extension.  The new access will provide better emergency access to our site, as well as The Ascent.  The plan provides a continuation of pedestrian access along the south side of U.S. Highway 6 and access to the site above via a hiking trail system. Safer public transit access.  Most of the parking is structured with shuttle service.  Massing of the building is appropriate with the slope of the land. We are building on the flatter section of the land with limited disturbance of the upper slope.  The building will provide additional high quality residences and hotel units to the Town of Avon.  The use is appropriate to the Town of Avon Code.  Sustainable building design and sustainable building operations.  The development will create an enhanced visual impact for the east entry to Avon in regards to Comprehensive goals to promote the resort image.  Long-term economic gains via transfer taxes for the Town through first sales and re-sale of the units will continue.  The hotel, restaurant and limited commercial will also provide a tax source. Additional information and potential Design standards are provided below for consideration. ATTACHMENT B 17 | Page DESIGN STANDARDS PUD Information We have responded below to many of the direct questions and goals listed in the Town documents. But, many of these items are also supported and mentioned in the following pages and description. Review for PUD Application 7.16.060 (e) (4) The Planning and Zoning Commission and Town Council shall consider the following criteria as the basis for a recommendation or decision to rezone a property to PUD overlay, approve a preliminary PUD plan or process a PUD amendment: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/ vegetation preservation; efficient provision of streets, roads and other utilities and services; or increased choice of living and housing environments. 1- 16 acres of dedicated conservation easement. 2- Improved pedestrian access along the south side of Hwy 6. 3- Preservation of natural resources. 4- Hwy 6 CDOT upgrades. 5- Additional residential and short term rental options. (ii) The PUD rezoning will promote the public health, safety and general welfare; 1- Extension of Town of Avon trail system. 2- Sustainable building design and sustainable building operations. 3- Safer public transit access. (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code and the eligibility criteria outlined in Subsection 7.16.060(b); 1- There are no direct discussions in the Comp Plan in regards to this area of the Town. The future land use plan shows the site as high density residential and the Community framework plan shows it as regional commercial. District 4 – US Highway 6 Gateway Corridor does include the site. Even though the description describes this district as flat areas. A. Some of the planning principals for District 4. 1) Work with CDOT and create a gateway and sense of arrival and departure. The project creates a high quality sense of arrival to the Town. Once you leave Eagle-Vail and come around the corner of the mountain the project will provide an inviting quality structure built into the hillside. 2) Create strong pedestrian connection to the Riverfront and Town Center. The extended walk along Hwy 6 across the frontage will tie the bus stop and existing walks to our project and the main north south Town connection. 3) Minimize cuts and preserve steep slopes. We are building into some of the steep slopes but the majority of the building is within the lower flatter section of the site. There is also over 70% of the site remaining as undisturbed. The large front setback we have proposed as well as the bend in the west portion of the building actually makes the disturbance worse. If we kept the existing allowable setbacks we would reduce the steep slope disturbance. But, during the design process with the P&Z it was our understanding the tradeoff could occur. ATTACHMENT B 18 | Page 4) Share property access. The shared emergency access and possible future trail expansion is part of the project. 5) Preserve access to the Eagle River. Although not directly connected the sidewalk expansion provide access from the bus stop and project to the Eagle River through the Town walk and trail system. 2- The Comp plan lays out a strategy for a vibrant Town Center and the areas around it. So, we looked at the Comp plan as an overall guidance for an area it does not fully address. 3- If we look at the various Goals and Policies we can provide support for the project. Many of the Goals and Policies actually address more of the Town Center and not specifically this site so we try to address many of the items which do impact this site: A. Built Form: 1) Compact Community Form: This property is one of the last remaining lots in Avon which was (until very recently) Owned by the same Owner for about 30 years. Our project has been developing to provide a building which is a balance of scale in comparison to the hill side. Keeping the mass on the west side of the site adjacent to the Ascent has created a more compact developed area. The density of the development in comparison to various models is much lower than Town Center developments. The connectivity to adjacent properties is strong. 2) Distinct and visual separation between Avon and surrounding Communities and preserving natural environment: This part seems a bit contradictory to the District 4 principals but with a majority development to the west we do have a transition to the east. B. Land Use: 1) Balance of land uses providing range of housing, commercial, employment opportunities, accommodations, high quality civic and recreational facilities for a year round community: We are not focusing the guest accommodations to the Town Center because we feel this site is more productive for guest accommodations due to the unique views and enhanced natural environment of the site. You come to the mountains for the nature not a downtown feel. This site fits within that attraction. 2) Develop safe, interactive and cohesive neighborhoods contributing to the Town’s overall character and image: Our project continues the stage set by the Ascent for residential and resort housing on this side of Hwy 6. We our proposing a much more developed site providing high quality accommodations, activities and mixed uses. The intent is to create a part of the community not an island. Connectivity with the walks, shuttles to the Town and ski areas, trail development and the commercial spaces create a project which will interact with the Town. 3) Encourage commercial development which enhances economic health, image and character while providing residents and visitors increased choices and services: Ditto what we have said above. Goes without saying the economic boost from the housing, hotel rooms, and commercial will be noticeable. The project is committed to sustainable design, zero waste, low emission shuttles. Trail development to continue the Towns efforts in creating a vibrant trail system in the Town. C. Community Character: 1) Ensure the development is compatible with existing planning, Create community gateways and streetscapes to strengthen Avon’s community character and image: As we have noted above the projects strengths are the ability to create a vibrant development providing a variety of housing and hotel units within the Town of ATTACHMENT B 19 | Page Avon. High Quality Architecture, sustainable design, preserving of the natural environment, trail development, connectivity to existing modes of transportation and mixed uses on site all contribute to a well balances project at a gateway to the Town. D. Economic Development: 1) Promote high quality investments, enhance year round activities: The mixed use components of restaurant, health, commercial space can provide local residents additional opportunities for small businesses and exposure. The projects ability to attract new visitors to the Town is possible due to the location of the building. Currently the Town provides a certain “Town/City” feel to the accommodations. Our project can provide a more mountain feel for those who want to be part of the environment and a ski town feel. The proximity to public transportation is a plus. E. Housing: 1) Achieve a diverse range of housing, styles, types. Attainable or employee housing: Although not required through the code the project will provide onsite employee housing. F. Multi-Modal Transportation & Parking: 1) Minimize dependence on automobile travel, improve connections with Beaver Creek, encourage park once environment: 80% of the proposed parking is underground, shuttle service proposed. G. Environment: 1) Protect Avon’s natural settings, mitigate potential environmental hazards, discourage air, water, light, and noise pollution: 80% of property being preserved, sustainable design, dark sky lighting with limit of tall pole lighting along hwy 6. During our 2007 studies we did have an Environmental Impact Report and Wetlands study completed. The studies showed there are No Wetlands on the property. The summary from the EIR - In conclusion, the proposed project will have no significant impact on sensitive environmental resources identified herein. Care must be taken to develop more specific mitigation measures where necessary as the project continues to move forward. These mitigation measures should include, but are not limited to specific recommendations on stormwater management and abatement of geologic hazards. H. Parks, Recreation, Trails & Open Space: 1) Provide system of trails, parks, recreation: Trail system developed in approximately 15.5 acre conservation easement with dedicated parking and possible information pavilion. Pocket pedestrian seating areas along hwy 6. (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; A. We have begun working with the Water District and CDOT. Initial approval from the Water district has been discussed that they can serve the site with existing facilities. Initial meetings with CDOT have occurred to discuss road improvements. Initial discussion with the Fire department have also occurred. The Owners dedication to sustainable design will lessen the loads on the electrical, water and sewer systems. Zero waste goals could drastically reduce trash pick up. ATTACHMENT B 20 | Page (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife and vegetation, or such impacts will be substantially mitigated; A. Our project does not adversely effect the natural environment since we are limiting the development to the lower section of the property which is flatter and less forested. Air, water, noise and storm water are all items which are addressed in sustainable designs to limit the effects on the environment. Preliminary landscape plans show we are dedicated to mitigating any landscape removal. (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. A. We have worked with the Town staff and the commission to continue to develop a project that fits well against the existing slope of the mountain and transition from the adjacent property. (1) The application demonstrates a public purpose which the current zoning entitlements cannot achieve. The property is currently not zoned. So, the new PUD zoning overlay of the Mixed-Commercial zone district provides a vehicle to develop the property for a public use. Providing for sale units hotel rooms, open space, and a restaurant. (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. 1. The development will create an enhanced visual impact for the east entry to Avon in regards to Comprehensive goals to promote the resort image. 2. Long-term economic gains via transfer taxes for the Town through first sales and re-sale of the units will continue. 3. The restaurant will also provide a tax source. 4. Significant tax revenue from hotel rooms. 5. Pedestrian access across hwy 6 and onto hillside via a hiking trail system to multiple viewing benches. Existing views areas, one on the east above Eagle-Vail and one to the west on the Gypsum cliffs. 6. Conservation easement dedication of upper 15+ acres of lot. 7. Sustainable building design. 8. Sustainable operations. (3)The flexibility afforded in approval of the zoning application will result in the better siting of the development, preserving valued environmental and cultural resources and increasing the amount of the public benefit consistent with the community master plan documents. New zoning allows us to provide a development located out of visual corridors and provides a large amount of open space. Rezoning 7.16.050(c) (c) Review Criteria. The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications for rezonings: (1) Evidence of substantial compliance with the purpose of the Development Code; A) The following is a list of items which we are asking for which differ from the development code and the Mixed Use Commercial Zone district. If not asked for below we intend to meet the current Town Code requirements for this site. ATTACHMENT B 21 | Page 1) Height Variance – Height increase from 50 feet to a maximum of 95 feet. We have included in the following pages other restriction on the height to assure a stepped building and to create massing in locations more desirable. 2) Setback increases. We will increase setbacks. 3) Parking reduction as outlined in following pages. 4) 7.28.100 (a) (3) Natural Resource Protection – 40% or greater slope protection. We are building into areas which are great than 40% slope as designated in the submitted site plans. We will support slopes as shown with stepped retaining walls with Code required landscaping. The preliminary landscape plan also shows our intent to mitigate lost vegetation with a highly re-vegetated site. When you look at the 40% slope map you will noticed the the hatching is broken up showing flatter sections mixed in with the 40% slopes. Beside building in these mixed areas the majority of the other building will be retaining walls outside of the building footprint. As mentioned above, if we kept the existing setbacks and did not articulate the building on the west end much of the building in the 40% slopes would not occur. (2) Consistency with the Avon Comprehensive Plan; A) See detailed response above. (3) Physical suitability of the land for the proposed development or subdivision; A) The existing land form provide a developable bench on the west end of the site and slopes which are appropriate for development of this sort. The attached soils reports provide information to support buildable land for this type of development. (4) Compatibility with surrounding land uses; A) Existing surrounding uses are residential. Townhomes, Condos and Apartments. New uses are compatible condo and hotel uses. Mixed Use commercial will provide some limited commercial support with restaurant and small commercial spacs. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned; A) The property is current not zoned. Adjacent properties are currently zoned PUD. Our request for the underlying Mixed Use Commercial Zone district provides the property the flexibility (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; A) See section above for initial evidence of utility support. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district; A) 7.20.080 (b) Mixed-Use Commercial (MC). The MC district is established to group and link places used for working, shopping, educating and recreating with residential uses, thereby creating a compact community form. This district allows commercial, office, civic, townhouse and apartment uses and, along with Neighborhood Commercial, is the preferred district and development type in Avon. The mostly vertical mix of uses will reduce vehicle trips, relieve traffic congestion and provide an urbanized, pedestrian environment. MC implements the mixed-use land use classification of the Avon Future Land Use Plan and should be located adjacent to the Town Center as a transitional district. Our project is adjacent to existing PUD zoning. The Mixed-Use Commercial (MC) district was chosen because the project is providing a mix of uses in the development. The intent is to provide some additional commercial opportunities within the area in which are none existing on the south side of Hwy 6. This mix could help reduce traffic if the commercial uses provide amenities useful for the adjacent properties. Uses such as the restaurant, health facility, ski shops, art and gifts shops could provide a great place to shop. ATTACHMENT B 22 | Page (8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife and vegetation, or such impacts will be substantially mitigated; A) See similar explanation above. (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; A) The property is not currently not zoned. If compared to existing adjacent uses the new district is similar in comparison to what is being proposed. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and A) Not applicable. (11) Adequate mitigation is required for rezoning applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. A) Since the property is not zoned there is no comparison whether or not there is increased intensity on land. It is vacant land so yes it is more intense than existing. But, in comparison we can compare the unit density of the Ascent and our project. The Ascent has a unit density of 6.9 units per acre (based on original full property). Our project density is 4 units per acre for the entire property. ATTACHMENT B 23 | Page PROJECT DESCRIPTION Introduction The subject tract 21.52 acres and much of this property is heavily forested with the exception of the lower section adjacent to highway 6, as well as a small additional portion mid-way up the site on the east side. Approximately 1000’ of the north property boundary is contiguous with U.S. Highway 6 ROW. The property has never been developed and is currently not zoned with no specific entitlements. We are proposing to develop the lower, flatter section of the property that is contiguous with U.S. Highway 6. Mixed-Use Commercial will be used as the Zone District with the PUD overlay. Colorado World Resorts, LLC and its consultants have reviewed several options for access, orientation, and massing. The following proposal represents our desire to provide the Town with a project that is compatible with the current Town goals, massing, potential use and site adaptiveness based on feedback from the current staff, Planning & Zoning Commission and the Town Council. Existing Conditions The existing lot size is 21.52 acres located south of U.S. Highway 6 east of the Beaver Creek roundabout. There are approximately 2.9 acres of buildable area with grades of 40% or less. The site flows down to Highway 6 and provides a number of possible access locations. The property is adjacent to a developed Condominium project “The Ascent”. In comparison the adjacent property was developed much differently than we are proposing. The Ascent dug a big hole with a large retaining wall to fit the building on the site at the Hwy 6 level. We are building on the flatter portion of the site and building into the hillside as well as placing the building much further back on the site to reduce the canyon effect of the building adjacent to Hwy 6. This is a more appropriate way to integrate into the site. Existing Zoning and Land Use Existing zoning is none with no specific entitlements and is currently undeveloped. We are planning a PUD development as an overlay over the Mixed Use - Commercial Zoning. The following is a comparison of the Mixed Use - Commercial requirements and our proposed PUD. 7.20.800 Mixed-use and commercial districts purpose statements. Mixed-Use Commercial (MC). The MC district is established to group and link places used for working, shopping, educating and recreating with residential uses, thereby creating a compact community form. This district allows commercial, office, civic, townhouse and apartment uses and, along with Neighborhood Commercial, is the preferred district and development type in Avon. The mostly vertical mix of uses will reduce vehicle trips, relieve traffic congestion and provide an urbanized, pedestrian environment. MC implements the mixed-use land use classification of the Avon Future Land Use Plan and should be located adjacent to the Town Center as a transitional district. We are asking for the following changes: 1- Minimum front setback from 10 to 40 feet. Providing for a buffer from Hwy 6. 2- Minimum side setbacks from 0 to 22.5 and 80 feet. The 80 feet east setback is also in consideration of a setback to the east steep slopes and open space. 3- Maximum building height to provide a variety of maximum roof heights to create a stepping of the roof form across the site. ATTACHMENT B 24 | Page Table 7.20-8 Dimensions for Mixed-Use Commercial District PUD dimensional changes underlined and in Italics. Min. Lot Size (acre s or sq. ft.) Min. Lot Width (feet) Max. Lot Coverage (%) Min. Landscape Area (%) Min. Front Setback (feet) Min. Side Setback (feet) Min. Rear Setback (feet) Max. Building Height (feet) TOA [3] 40 50 [4] 20 10 0 [1] 10 [2] 60 PUD 21.52 1000 50 30 40 22 /80 [6] 50 95 [5] [1] MC abutting a residential district shall match the side setback of that district. [2] When abutting a public street, alley or public right-of-way. The rear setback for MC abutting a residential district shall be 20 feet, regardless of the location of any street, alley or ROW. [3] Must meet density and setback requirements. [4] May be increased to 70% if employee housing mitigation is provided in accordance with Section 7.20.100. [5] Height requirements vary across east west façade to create a stepping of the roof forms. Building Height 60’-0” and no more than 95’-0” Zone 1- 45% of building length – maximum 95’-0” Zone 2 (Transition)- 15% of building length – 95’-0 to 75’-0” Zone 3- 20% of building length – maximum 80’-0”. Zone 4- 20% of building length- Maximum 60’-0” [6] West side setback is a minimum of 22’6”. East side setback is 80 feet. ATTACHMENT B 25 | Page Development Plan Proposed Density: Condominium Break Down: 3, 2 and 1 Bed Units – (2,400 sqft Max) Unit Total – 25 Hotel: 195 Units (Effective units 65 Units) Site Unit Total: 220 Unit Total (Effective units 90 Units) Density of 35 units per developable acres of 2.9 acres (40% slope or less) Density of 15 units per north lot of 6 acres. Density of 4 units per acres of total site or 21.52 total acres. Building Square Footage: Main Structure 350,000 Sq.Ft. Maximum Setbacks: Refer to Development Plan for Building envelops. Site walls, signs and amenities can be located outside of the Building Setback. Landscaping: Minimum of 20% (As Presented) 30% Building Height: Condominium Height: Building Height 60’-0” and no more than 95’-0” Zone 1- 45% of building length – maximum 95’-0” Zone 2 (Transition)- 15% of building length – 95’-0 to 75’-0” Zone 3- 20% of building length – maximum 80’-0”. Zone 4- 20% of building length- Maximum 60’-0” Building length along the Street frontage will be limited to a maximum of 500’-0” in length along U.S. Highway 6. Lot Coverage: Building footprint coverage is 42,737 Sq.Ft. Maximum. Lot Coverage: Maximum of 50% Building Lot Coverage – 33.9% of 40% or less slope. Impermeable Site and Building Coverage – 65% of 40% or less slope. Building Lot Coverage – 16.3% of entire north lot. Impermeable Site and Building Coverage – 31.5% of entire north lot. Site Disturbance 58.4% of entire north lot. Uses: Planned Unit Development Condominium Hotel and Restaurant. Mixed-Use Commercial Project Phasing The project is proposed as a single phase project. ATTACHMENT B 26 | Page Access and Circulation We have revisited the Traffic with a new Traffic Study and a meeting with the Fire Department. History On October 31, 2006, a meeting was held with the Colorado Dept of Transportation and Town of Avon to discuss Highway Dept Access Permit issues, prior to submitting an application for State Access Permit (meeting minutes are attached). The intent of the meeting was to gather information from CDOT and TOA for the design criteria. It was discussed (among other things) that a shared/joint access with the Accent was highly recommended, and that additional traffic studies should be completed. Upon completion of requested information and studies (per the October meeting), we met with CDOT again on November 29th. 3 new options were presented, and new traffic study results were reviewed, (including the Level of Service of each driveway option, queuing lengths, delays, and safety). The updated Traffic Study supports the access geometry and layout shown on this submittal, which is also supported by CDOT and TOA representatives. This access plan involves coordination and approvals from the Accent Owners. Details of the access design is somewhat dependent on the outcome of the meeting with the Gates (primarily involving whether the “frontage” road connection to the Gates has a gate (at the Gates’/Folson property line, or not), and whether the Folson Access (to US Highway 6) is a full movement or partially restricted left turn (either in or out). However, the location of the access to US Highway 6, and the internal driveway layout as shown on this submittal is not expected to change, and the requirements of CDOT, the TOA and Fire District can be accommodated by use of a gate operable only by the Fire Department onto the Gates property or onto Highway 6 Once the meeting with the Gates has been held, we are ready to meet with CDOT and TOA again. We are happy to accommodate the TOA and CDOT in participating in a shared access agreement with the Gates on rational terms, but such is not necessary to the development of the Project. Meetings were held with Eagle River Fire Protection District regarding Fire Dept Access issues, in September and November of 2006, for which the recommendations have been incorporated in the plan. We have revisited the access road with Eagle River Fire in September of 2017. At this meeting it was confirmed the FD still requires access to the west end of the building. Access can be from the through road or a possible turn around at the west side of the site. Employees Hotel/ Condominium Front Desk- 6 Concierge – 1 on staff Laundry - 3 Housekeeping - 10 Maintenance – 3 on staff per 2 shift, Amenity Staff – 2 maximum Shuttle Drivers - 3 Valet – 5 (See breakdown per phase below) Phase 1 only, peak period – 2 + Phase 2 only, peak period – 2 (This includes Valet for Restaurant) + Phase 3 only, peak period - 1 Restaurant Per shift 6 Servers 1 Busperson 1 Hostess 1 Manager 1 Bartender 6 Kitchen Staff – Total 16 Commercial Spaces - 6 Total Possible Employees – 53 ATTACHMENT B 27 | Page Parking Analysis Min. Width 9’-0” Min. Depth 18’-0” Min. 24’-0” wide aisle for 90 degree parking. MOST OF THE PARKING IS STRUCTURED PARKING, BELOW OR ABOVE GRADE, BUT WITHIN THE BUILDING FOOTPRINT. Town of Avon Requirement Type – Use Units Multiplier Qty Hotel Units 185 Units 1 per unit 185 Condo Units 25 Units 1 per unit 25 Restaurant 3,000 Sq.Ft. with 1,500 Sq.Ft. of Seating/ 1 per 60 25 Guest Spots 10 Total 245 PUD Request Type – Use Units Multiplier Hotel Units 185 Units .85 per unit 158 Condo Units 25 Units 1 per unit 25 Restaurant 3,000 Sq.Ft. with 1,500 Sq.Ft. of Seating/ 1 per 60 25 Trail Parking 6 Guest Spots 10 Total 224 9% Reduction We currently have 224 Parking Spaces provided. 187 Structured Spaces (21 spaces are double stacked designated for Valet), 36 Surface. Other items to be provided are bike storage, bike share program and a property supplied shuttle system. Shuttle Service The project will be served by Fuel Efficient shuttle buses. The actual plan at time of operation can be reviewed by Town of Avon staff at initial operation and we would suggest an every other year review of the program. These additional reviews could provide future evaluation for our site but also provide the Town with valuable evaluation information for future Town projects.  The shuttle will be available 24 hours. On-demand/concierge/scheduled service with passenger vans and resort cars operated by Hotel.  3 dedicated shuttles.  Passenger Vehicles will be added for the quick in and out trips.  Access to: o Defined local route – Town of Avon- Various locations, Beaver Creek Base, Vail transportation Center. 45 minute loops. o Eagle Airport – Approximately every hour and a half. o Denver Airport – Approximately 4 trips per day. o Or as need and available to each location.  Benefits and experience gained while operating 17 hotels  Guests value and appreciate the vehicle free experience, especially when toting gear, as a vehicle is rarely needed “in resort”  Safer (weather and night driving, apres ski)  More time efficient (loading/unloading/parking a vehicle)  More flexible for family members to travel intra-resort at different times, care free transport experience Open Space Approximate developed area is 3.5 acres (building, parking, drives) with 2 acres of the north lot not ATTACHMENT B 28 | Page disturbed. The approximate remaining undeveloped area of 15.5 acres will remain as a Conservation Easement. Geological Study Original Soil studies determined the site consisted of a debris flow area. This determination meant the developer would need to address potential large debris activity in the design of the site. This was originally part of the 2008 submittal. In 2008 we were prepared to additional studies of the site with more extensive studies to confirm the debris flow. With the withdrawal of the application this never occurred. Colorado World Resorts per TAB Associates, Inc. suggestions obtained a permit to pursue the additional test. The test was conducted the week of August 21st 2017 and we do have preliminary results. The results were very positive and the Geotech Engineer has determined the site is Not at risk for debris flow. It will be reclassified as an alluvial fan. We still need to address storm water and minor erosion but we do not need to provide large diversion ditches behind the building. ATTACHMENT B 29 | Page APPENDIX ATTACHMENT B 30 | Page Exhibit A Comparison Chart of example projects – Height, Massing, Density, Disturbance. ATTACHMENT B Town of Avon  Building Comparisons Ascent CWR PUD  Building Units Site Acres Actual Elevation Building Units Site Acres Actual Elevation Square Feet 141,636.00 SqFt 105,351.00 SqFt 2.42 Square Feet 315,800.00 SqFt 213,444.00 SqFt 4.90 Building Ht 74.00 Feet  7,536.00 Building Ht 94.00 Feet  7,563.00 Units  40.00 Units 210.00 Site Coverage/  Footprint 23,800.00 Sqft 22.59% Site Coverage/  Footprint 43,900.00 Sqft 20.57% Disturbed 73,616.00 Sqft 69.88%1.69 Disturbed 172,275.00 Sqft 34.49%1.69 Density 16.54 Per AC  Density 15.00 Per AC   Parking 120.00 3.00 Per Unit Includes sqft for spa, etc.Parking 243.00 1.16 Per Unit   Original Property prior to subdivision 2.42 Current Original Property prior to subdivision 4.90 Current 3.38 Dedicated to TOA 16.62 Dedicated 252,648.00 5.80 Total Lot 937,411.20 21.52 Total Lot Unit Density 6.90 Per AC Unit Density 4.00 Per AC Disturbed 73,616.00 29.14%1.69 Disturbed 172,275.00 18.38%1.69 Westin Restaurant 3,000.00 60 Per Sqft 50  Building Units Site Acres Actual Elevation Parking 193.00 Square Feet 544,325.00 SqFt 183,400.00 SqFt 4.21 0.92 Building Ht 137.00 Feet  7,565.75 Units  291.00 Footprint 114,345.00 62.35% Disturbed 139,840.00 76.24%3.21 Density 69.12 Per AC   Parking 319.00 0.91 Per Unit Includes sqft for spa, etc. Restaurant 5,512.00 60 Per Sqft 92 Parking 227.00 0.78 Per unit, does not include SPA, Gym, Pool and etc. Sheraton  Building Units Site Acres Actual Elevation Square Feet 141,985.00 SqFt 141,134.00 SqFt 3.24 Building Ht 97.00 Feet  7,556.00 Units  100.00  Site Coverage/  Footprint 43,250.00 30.64% Disturbed 62,932.00 44.59%1.44 Density 30.86 Per AC Phase 1A Only Parking 163.00 1.63 Per Unit   Avon Hotel  Building Units Site Acres Actual Elevation Square Feet 101,405.00 SqFt 73,709.00 SqFt 1.69 Building Ht 69.00 Feet  7,523.00 Units  148.00 Includes 6 Employee Site Coverage/  Footprint 24,716.00 33.53% Disturbed 73,709.00 100.00%1.69 Density 87.46 Per AC   Parking 204.00 1.38 Per Unit   Restaurant 3,709.00 60 Per Sqft 62 Parking 142.18 0.96  Per Unit WYNDHAM  Building Units Site Acres Actual Elevation Square Feet 132,355.00 SqFt 46,522.00 SqFt 1.07 Building Ht 73.20 Feet  7,528.00 Units  58.00   Site Coverage/  Footprint 31,051.00 SqFt 66.74% Disturbed 46,522.00 SqFt 100.00%1.07 Density 54.31 Per AC   Parking 58.00 1.00 Per Unit   Avon Center  Building Units Site Acres Actual Elevation Square Feet 165,000.00 SqFt 118,300.00 SqFt 2.72 Building Ht 90.00 Feet  7,550.00 Units  50.00   Site Coverage/  Footprint 35,317.00 SqFt 29.85% Disturbed 35,317.00 SqFt 29.85%0.81 Density 18.41 Per AC   Parking 0.00 0.00 Per Unit   ATTACHMENT B 31 | Page Exhibit B Possible Square Footage and Program Information – numbers may vary from PUD application. PUD application supersedes. ATTACHMENT B Folson Property ‐ Concept Square Footage Summary Lower Level Parking Parking Garage 38,450 83 spots Back Off House 8,700 47,150   Main Level Parking Parking Garage 46,200 101 spots Mechanical 2,800 Lower Lobby 3,800   Loading/Unloading 1,800 54,600 184 Spots   3rd Level  Units 15,300  Keys SQFT Type SQFT Common Space 4,900 23 485 Typical 11,155 Restaurant 4,000 3 923 Suite 2,769 Gym/ Restrooms 3,000 26  13,924 Lobby 4,600    Administration 8,000 Commercial Element 1,200 41,000    4th Level Units 34,800  Keys SQFT Type SQFT  46 485 Typical 22,310  2 672 Plus 1,344 Common Space 7,200 8 923 Suite 7,384 42,000 56 31,038 5th Level Units 34,800  Keys SQFT Type SQFT  46 485 Typical 22,310  2 672 Plus 1,344 Common Space 7,200 8 923 Suite 7,384 42,000 56 31,038 6th Level Total Units 33,400  Keys SQFT Type SQFT  46 485 Typical 22,310  1 672 Plus 672 Common Space 6,600 7 923 Suite 6,461 40,000 54 29,443 7th Level Keys SQFT Type SQFT Units 24,350  1 1,100 One Bed 1,100 Common Space 4,500  10 1,550 Two Bed 15,500 28,850  3 2,400 Three Bed 7,200  14 23,800 8th Level Keys SQFT Type SQFT Units 18,150  2 1,100 One Bed 2,200 Common Space 2,050  5 1,550 Two Bed 7,750 20,200  3 2,400 Three Bed 7,200  10 17,150 Total Square Footage 315,800  Keys SQFT Type SQFT Measured to outside of wall 161 485 Typical 78,085   5 672 Plus 3,360   26 923 Suite 23,998  3 1,100 One Bed 3,300 15 1,550 Two Bed 23,250 6 2,400 Three Bed 14,400 Totals 216 146,393 Measured interior of walls ATTACHMENT B 32 | Page Exhibit C Traffic Report ATTACHMENT B LSC TRANSPORTATION CONSULTANTS, INC. 1889 York Street Denver, CO 80206 (303) 333-1105 FAX (303) 333-1107 E-mail: lsc@lscdenver.com December 20, 2017 Mr. Greg Macik TAB Associates, Inc. 56 Edwards Village Blvd., Suite 210 Edwards, CO 81632 Re: Colorado World Resorts PUD Traffic Impact Analysis Avon, CO LSC #171070 Dear Mr. Macik: In response to your request, LSC Transportation Consultants, Inc. has prepared this traffic impact analysis for the proposed Colorado World Resorts PUD development. As shown on Figure 1, the site is located south of US Highway 6 and east of Village Road/Avon Road in Avon, Colorado. REPORT CONTENTS The report contains the following: the existing roadway and traffic conditions in the vicinity of the site including the lane geometries, traffic controls, posted speed limits, etc.; the existing weekday peak-hour traffic volumes; the existing daily traffic volumes in the area; the typical weekday site-generated traffic volume projections for the site; the assignment of the projected traffic volumes to the area roadways; the projected short-term and long-term background and resulting total traffic volumes on the area roadways; the estimated parking demand; the site’s projected traffic impacts; and any recommended roadway improvements to mitigate the site’s traffic impacts. LAND USE AND ACCESS The site is proposed to include 25 residential townhome units, a 185-room hotel, a 100-seat restaurant, about 1,200 square feet of supportive retail, and 243 parking spaces. Full move- ment access is proposed to US Highway 6 as shown in the conceptual site plan in Figure 2. ROADWAY AND TRAFFIC CONDITIONS Area Roadways The major roadways in the site’s vicinity are shown on Figure 1 and are described below. ATTACHMENT B Mr. Greg Macik Page 2 December 20, 2017 Colorado World Resorts PUD •US Highway 6 (US 6) is an east-west, two-lane state highway roadway north of the site. It is classified as NR-A (Non-Rural Principal Highway) by CDOT. The posted speed limit in the vicinity is 45 mph but transitions to 35 mph just west of the site. Existing Traffic Conditions Figure 3 shows the existing lane geometries, traffic controls, posted speed limits, and traffic volumes in the site’s vicinity on a typical weekday. The weekday peak-hour traffic volumes and daily traffic counts are based on US 6 traffic data from the CDOT website. The directional distribution of existing and site traffic was based on the attached traffic counts conducted by Counter Measures, Inc. in October, 2017 at the existing The Ascent driveway just west of the site. 2020 and 2040 Background Traffic Figure 4 shows the estimated 2020 background traffic and Figure 5 shows the estimated 2040 background traffic. The projected 2020 and 2040 background traffic volumes assumes an annual growth rate of about 0.34 percent based on the CDOT 20-year growth factor of 1.07. TRIP GENERATION Table 1 shows the estimated weekday, morning peak-hour, and afternoon peak-hour trip generation for the proposed site based on the formula rates from Trip Generation, 9th Edition, 2012 by the Institute of Transportation Engineers (ITE) for the proposed land use. The proposed land use is projected to generate about 1,582 vehicle-trips on the average week- day, with about half entering and half exiting during a 24-hour period. During the morning peak-hour, which generally occurs for one hour between 6:30 and 8:30 a.m., about 69 vehicles would enter and about 63 vehicles would exit the site. During the afternoon peak-hour, which generally occurs for one hour between 4:00 and 6:00 p.m., about 76 vehicles would enter and about 64 vehicles would exit. This assumes an internal capture of 20 percent for the restaurant use and 50 percent for the supportive retail use and a 20 percent alternative travel mode reduc- tion for the residential and hotel use. The alternative modes will be largely from a proposed 24- hour shuttle service planned between the site and the Eagle County Airport, DIA, and the ski resorts in the area as well as local bus service which will likely be utilized by a portion of staff. TRIP DISTRIBUTION Figure 6 shows the estimated directional distribution of the site-generated traffic volumes on the area roadways. The estimates were based on those in the attached traffic counts conducted by Counter Measures, Inc. in October, 2017 at the existing The Ascent driveway just west of the site. TRIP ASSIGNMENT Figure 7 shows the estimated site-generated traffic volumes based on directional distribution percentages (from Figure 6) and the trip generation estimates (from Table 2). ATTACHMENT B Mr. Greg Macik Page 3 December 20, 2017 Colorado World Resorts PUD 2020 and 2040 TOTAL TRAFFIC Figure 8 shows the 2020 total traffic which is the sum of the 2020 background traffic volumes (from Figure 4) and the site-generated traffic volumes (from Figure 7). Figure 8 also shows the recommended 2020 lane geometry and traffic control. Figure 9 shows the 2040 total traffic which is the sum of 2040 background traffic volumes (from Figure 5) and the site-generated traffic volumes (from Figure 7). Figure 9 also shows the recommended 2040 lane geometry and traffic control. PROJECTED LEVELS OF SERVICE Level of service (LOS) is a quantitative measure of the level of congestion or delay at an inter- section. Level of service is indicated on a scale from “A” to “F.” LOS A is indicative of little congestion or delay and LOS F is indicative of a high level of congestion or delay. Attached are specific level of service definitions for unsignalized intersections. The US State Highway 6/Site Access intersection was analyzed to determine the 2020 and 2040 total levels of service. Table 2 shows the level of service analysis results. The level of service reports are attached. •US State Highway 6/Site Access: All movements at this unsignalized intersection are expected to operate at LOS “C” or better during both morning and afternoon peak-hours through 2040 with implementation of the recommended improvements. PARKING SUPPLY VS. DEMAND The Town of Avon requires a total of 270 on-site parking spaces. The applicant is proposing a ten percent parking reduction with 243 on-site parking spaces with valet service. This reduc- tion is supported by shared parking principles as well as an applicant-funded 24-hour shuttle between the site and the Eagle County Airport, DIA, and the ski resorts in the area. Table 3 shows the code required parking for each of the four land uses proposed on the site along with the number of parking spaces being proposed for each. Table 3 shows the applicant proposing 158 parking spaces for the 185 hotel rooms with the code level of parking being provided for the other three uses on the site. Table 3 includes a time of day parking demand for each of the four land uses on the site based on the recommended time of day factors for each from Shared Parking from the Urban Land Institute. Excerpts from Shared Parking are included in the appendix. To remain conservative, the condo and guest parking spaces were assumed to be fully parked at all times. This data shows the maximum parking demand is expected to be 245 spaces at 9:00 PM on both week- days and weekends. This is only two spaces more than is being provided by the applicant. The 24-hour shuttle service being provided by the applicant and local bus service are expected to reduce overall volume to/from the site by about 20 percent and reduce the shared parking demand of 245 parking spaces to well below the 243 parking spaces being provided on the site. ATTACHMENT B Mr. Greg Macik Page 4 December 20, 2017 Colorado World Resorts PUD CONCLUSIONS Trip Generation 1. The proposed land use is projected to generate about 1,582 vehicle-trips on the average weekday, with about half entering and half exiting during a 24-hour period. During the morning peak-hour, about 69 vehicles would enter and about 63 vehicles would exit the site. During the afternoon peak-hour, about 76 vehicles would enter and about 64 vehicles would exit. This assumes an internal capture of 20 percent for the restaurant use and 50 percent for the supportive retail use and a 20 percent alternative travel mode reduction for the residential and hotel use. The alternative modes will be largely from a proposed 24- hour shuttle service planned between the site and the Eagle County Airport, DIA, and the ski resorts in the area as well as local bus service which will likely be utilized by a portion of staff. Projected Levels of Service 2. All movements at the US Highway 6/Site Access intersection analyzed are expected to operate at LOS “C” or better during both morning and afternoon peak-hours through 2040 with implementation of the recommended improvements. Parking Demand vs. Supply 3. A parking reduction of about ten percent (243 spaces provided vs. 270 spaces required by the Town) is supported by shared parking principles and a 24-hour shuttle between the site and the Eagle County Airport, DIA, and the ski resorts in the area. Conclusions 4. The impact of the Colorado World Resorts PUD development can be accommodated by the existing roadway network with the following improvements. RECOMMENDATIONS 5. The northbound access approach to US 6 should be stop-sign controlled. 6. An eastbound right-turn deceleration lane is recommended on US 6 approaching the site. An appropriate length for the 35 mph posted speed limit is a 190-foot deceleration lane plus a 120-foot transition taper. 7. A westbound left-turn deceleration lane is recommended on US 6 approaching the site. An appropriate length for the 45 mph posted speed limit is a 300-foot deceleration lane (275 feet for deceleration and 25 feet for vehicle storage) plus a 160-foot transition taper. An appropriate redirect taper would be 45:1. 8. A westbound left-turn acceleration lane is recommended on US 6 departing the site. An appropriate length for the 35 mph posted speed limit west of the site would be a 150-foot acceleration lane plus a 120-foot transition taper. ATTACHMENT B ATTACHMENT B Table 1ESTIMATED TRAFFIC GENERATIONColorado World Resorts PUDAvon, COLSC #171070; December, 2017Vehicle - Trips GeneratedTrip Generation Rates(1) PM Peak - Hour AM Peak HourAveragePM Peak HourAM Peak HourAverageOutInOutInWeekdayOutInOutInWeekdayQuantityTrip Generating Category6131431880.2460.5000.5450.1127.52DU (3)25Townhomes (2)545740581,2730.2940.3060.2170.3136.88Rooms185Hotel (4)182323244830.1760.2340.2260.2444.83Seats100Restaurant (5)3333532.8902.2702.2702.89044.32KSF (7)1.20Retail (6)819680881,997TotalInternal Capture (8)455597Restaurant (20%)111126Retail (50%)5666122Internal Capture =Alternative Travel Mode Trips (9)133138Townhomes (20%)1111812255Hotels (20%)12141113293Internal Trips =647663691,582Net External Trips =Notes:Source: Trip Generation, Institute of Transportation Engineers, 9th Edition, 2012.(1)ITE Land Use No. 230 - Townhomes - formula rates(2)DU = Dwelling Unit(3)ITE Land Use No. 310 - Hotel (formula rate for weekday rate)(4)ITE Land Use No. 932 - High-Turnover (Sit-Down Restaurant) - average rates(5)ITE Land Use No. 826 - Specialty Retail Center - no AM rates are available, so the PM rates were reversed. Formula PM rate is above range so(6)the high end of range was used.KSF = 1,000 square feet(7)20% of restaurant trips and 50% of retail trips are expected to be from guests staying on-site so do not generate vehicle-trips.(8)20% of residential and hotel trips are assumed to be alternative travel modes. The majority of alternative travel mode trips is expected to be via the(9)proposed 24-hour shuttle service planned between the site and Eagle County Airport, DIA, and the ski resorts in the area as well as local bus servicewhich will likely be utilized by a portion of staff.ATTACHMENT B Table 2Intersection Levels of Service AnalysisColorado World Resorts PUDAvon, COLSC #171070; December, 20172040 Total Traffic2040 Total Trafficwith Left-Turnwithout Left-Turn2020Accel LaneAccel LaneTotal TrafficLevel ofLevel ofLevel ofLevel ofLevel ofLevel of ServiceServiceServiceServiceServiceServiceTraffic PMAMPMAMPMAMControlIntersection LocationTWSCUS Highway 6/Site AccessCCEEDENB LeftBBBBBBNB RightAAAAAAWB Left20.420.738.441.733.235.9Critical Movement Delay ATTACHMENT B Table 3Shared Parking PrinciplesColorado World Resorts PUDAvon, COLSC #171070; December, 2017Weekday Parking Demand by Hour (1)ProposedRequired12:00 PM11:00 PM10:00 PM09:00 PM08:00 PM08:00 AM07:00 AM06:00 AMParkingParking185185176176167167176176158185Hotel25252525252525252525Condo152030343515505050Restaurant10101010101010101010Guest Spaces235240241245237217216211243270TotalWeekend Parking Demand by Hour (2)ProposedRequired12:00 PM11:00 PM10:00 PM09:00 PM08:00 PM08:00 AM07:00 AM06:00 AMParkingParking185185176176167167176176158185Hotel25252525252525252525Condo152030343515505050Restaurant10101010101010101010Guest Spaces235240241245237217216211243270TotalNotes:Based on time of day factors from Table 2-5 of Shared Parking by the Urban Land Institute.(1)Based on time of day factors from Table 2-6 of Shared Parking by the Urban Land Institute.(2)Peak demand assuming 100% usage of condo and guest parking.ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B LEVEL OF SERVICE DEFINITIONS From Highway Capacity Manual, Transportation Research Board, 2010 UNSIGNALIZED INTERSECTION LEVEL OF SERVICE (LOS) Applicable to Two-Way Stop Control, All-Way Stop Control, and Roundabouts LOS Average Vehicle Control Delay Operational Characteristics A <10 seconds Normally, vehicles on the stop-controlled approach only have to wait up to 10 seconds before being able to clear the intersection. Left-turning vehicles on the uncontrolled street do not have to wait to make their turn. B 10 to 15seconds Vehicles on the stop-controlled approach will experience delaysbefore being able to clear the intersection. The delay could be upto 15 seconds. Left-turning vehicles on the uncontrolled street may have to wait to make their turn. C 15 to 25seconds Vehicles on the stop-controlled approach can expect delays in therange of 15 to 25 seconds before clearing the intersection. Motorists may begin to take chances due to the long delays, thereby posing a safety risk to through traffic. Left-turning vehicleson the uncontrolled street will now be required to wait to make their turn causing a queue to be created in the turn lane. D 25 to 35seconds This is the point at which a traffic signal may be warranted for thisintersection. The delays for the stop-controlled intersection are not considered to be excessive. The length of the queue may begin to block other public and private access points. E 35 to 50seconds The delays for all critical traffic movements are considered to beunacceptable. The length of the queues for the stop-controlled approaches as well as the left-turn movements are extremely long. There is a high probability that this intersection will meet trafficsignal warrants. The ability to install a traffic signal is affected by the location of other existing traffic signals. Consideration may be given to restricting the accesses by eliminating the left-turn move-ments from and to the stop-controlled approach. F >50 seconds The delay for the critical traffic movements are probably in excess of 100 seconds. The length of the queues are extremely long.Motorists are selecting alternative routes due to the long delays.The only remedy for these long delays is installing a traffic signal or restricting the accesses. The potential for accidents at this inter- section are extremely high due to motorist taking more riskychances. If the median permits, motorists begin making two-stage left-turns. ATTACHMENT B HCM 6th TWSC 2020 Total 3: Site Access & Highway 6 AM Peak Synchro 9 Report KMK Intersection Int Delay, s/veh 1.9 Movement EBT EBR WBL WBT NBL NBR Lane Configurations Traffic Vol, veh/h 600 51 17 400 48 16 Future Vol, veh/h 600 51 17 400 48 16 Conflicting Peds, #/hr 0 00000 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - 0 0 - 0 0 Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 80 80 80 80 80 80 Heavy Vehicles, % 2 22222 Mvmt Flow 750 64 21 500 60 20 Major/Minor Major1 Major2 Minor1 Conflicting Flow All 0 0 814 0 1292 750 Stage 1 - - - - 750 - Stage 2 - - - - 542 - Critical Hdwy - - 4.12 - 6.42 6.22 Critical Hdwy Stg 1 - - - - 5.42 - Critical Hdwy Stg 2 - - - - 5.42 - Follow-up Hdwy - - 2.218 - 3.518 3.318 Pot Cap-1 Maneuver - - 813 - 180 411 Stage 1 - - - - 467 - Stage 2 - - - - 583 - Platoon blocked, % - - - Mov Cap-1 Maneuver - - 813 - 175 411 Mov Cap-2 Maneuver - - - - 175 - Stage 1 - - - - 455 - Stage 2 - - - - 583 - Approach EB WB NB HCM Control Delay, s 0 0.4 30.5 HCM LOS D Minor Lane/Major Mvmt NBLn1NBLn2 EBT EBR WBL WBT Capacity (veh/h)175 411 - - 813 - HCM Lane V/C Ratio 0.343 0.049 - - 0.026 - HCM Control Delay (s) 35.9 14.2 - - 9.5 - HCM Lane LOS E B - - A - HCM 95th %tile Q(veh) 1.4 0.2 - - 0.1 - ATTACHMENT B HCM 6th TWSC 2020 Total 3: Site Access & Highway 6 PM Peak Synchro 9 Report KMK Intersection Int Delay, s/veh 1.5 Movement EBT EBR WBL WBT NBL NBR Lane Configurations Traffic Vol, veh/h 445 57 19 665 48 16 Future Vol, veh/h 445 57 19 665 48 16 Conflicting Peds, #/hr 0 00000 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - 0 0 - 0 0 Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 90 90 90 90 90 90 Heavy Vehicles, % 2 22222 Mvmt Flow 494 63 21 739 53 18 Major/Minor Major1 Major2 Minor1 Conflicting Flow All 0 0 557 0 1275 494 Stage 1 - - - - 494 - Stage 2 - - - - 781 - Critical Hdwy - - 4.12 - 6.42 6.22 Critical Hdwy Stg 1 - - - - 5.42 - Critical Hdwy Stg 2 - - - - 5.42 - Follow-up Hdwy - - 2.218 - 3.518 3.318 Pot Cap-1 Maneuver - - 1014 - 184 575 Stage 1 - - - - 613 - Stage 2 - - - - 451 - Platoon blocked, % - - - Mov Cap-1 Maneuver - - 1014 - 180 575 Mov Cap-2 Maneuver - - - - 180 - Stage 1 - - - - 600 - Stage 2 - - - - 451 - Approach EB WB NB HCM Control Delay, s 0 0.2 27.8 HCM LOS D Minor Lane/Major Mvmt NBLn1NBLn2 EBT EBR WBL WBT Capacity (veh/h)180 575 - - 1014 - HCM Lane V/C Ratio 0.296 0.031 - - 0.021 - HCM Control Delay (s) 33.2 11.5 - - 8.6 - HCM Lane LOS D B - - A - HCM 95th %tile Q(veh) 1.2 0.1 - - 0.1 - ATTACHMENT B HCM 6th TWSC 2040 Total - w/o LT Accel Lane 3: Site Access & Highway 6 AM Peak Synchro 10 Report KMK Intersection Int Delay, s/veh 2 Movement EBT EBR WBL WBT NBL NBR Lane Configurations Traffic Vol, veh/h 645 52 17 425 47 16 Future Vol, veh/h 645 52 17 425 47 16 Conflicting Peds, #/hr 0 00000 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - 0 0 - 0 0 Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 80 80 80 80 80 80 Heavy Vehicles, % 2 22222 Mvmt Flow 806 65 21 531 59 20 Major/Minor Major1 Major2 Minor1 Conflicting Flow All 0 0 871 0 1379 806 Stage 1 - - - - 806 - Stage 2 - - - - 573 - Critical Hdwy - - 4.12 - 6.42 6.22 Critical Hdwy Stg 1 - - - - 5.42 - Critical Hdwy Stg 2 - - - - 5.42 - Follow-up Hdwy - - 2.218 - 3.518 3.318 Pot Cap-1 Maneuver - - 774 - 159 382 Stage 1 - - - - 439 - Stage 2 - - - - 564 - Platoon blocked, % - - - Mov Cap-1 Maneuver - - 774 - 155 382 Mov Cap-2 Maneuver - - - - 155 - Stage 1 - - - - 427 - Stage 2 - - - - 564 - Approach EB WB NB HCM Control Delay, s 0 0.4 34.9 HCM LOS D Minor Lane/Major Mvmt NBLn1NBLn2 EBT EBR WBL WBT Capacity (veh/h)155 382 - - 774 - HCM Lane V/C Ratio 0.379 0.052 - - 0.027 - HCM Control Delay (s) 41.7 14.9 - - 9.8 - HCM Lane LOS E B - - A - HCM 95th %tile Q(veh) 1.6 0.2 - - 0.1 - ATTACHMENT B HCM 6th TWSC 2040 Total - w/o LT Accel Lane 3: Site Access & Highway 6 PM Peak Synchro 10 Report KMK Intersection Int Delay, s/veh 1.6 Movement EBT EBR WBL WBT NBL NBR Lane Configurations Traffic Vol, veh/h 475 57 19 715 48 16 Future Vol, veh/h 475 57 19 715 48 16 Conflicting Peds, #/hr 0 00000 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - 0 0 - 0 0 Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 90 90 90 90 90 90 Heavy Vehicles, % 2 22222 Mvmt Flow 528 63 21 794 53 18 Major/Minor Major1 Major2 Minor1 Conflicting Flow All 0 0 591 0 1364 528 Stage 1 - - - - 528 - Stage 2 - - - - 836 - Critical Hdwy - - 4.12 - 6.42 6.22 Critical Hdwy Stg 1 - - - - 5.42 - Critical Hdwy Stg 2 - - - - 5.42 - Follow-up Hdwy - - 2.218 - 3.518 3.318 Pot Cap-1 Maneuver - - 985 - 163 550 Stage 1 - - - - 592 - Stage 2 - - - - 425 - Platoon blocked, % - - - Mov Cap-1 Maneuver - - 985 - 160 550 Mov Cap-2 Maneuver - - - - 160 - Stage 1 - - - - 580 - Stage 2 - - - - 425 - Approach EB WB NB HCM Control Delay, s 0 0.2 31.8 HCM LOS D Minor Lane/Major Mvmt NBLn1NBLn2 EBT EBR WBL WBT Capacity (veh/h)160 550 - - 985 - HCM Lane V/C Ratio 0.333 0.032 - - 0.021 - HCM Control Delay (s) 38.4 11.8 - - 8.7 - HCM Lane LOS E B - - A - HCM 95th %tile Q(veh) 1.4 0.1 - - 0.1 - ATTACHMENT B HCM 6th TWSC 2040 Total - w LT Accel Lane 3: Site Access & Highway 6 PM Peak Synchro 9 Report KMK Intersection Int Delay, s/veh 1 Movement EBT EBR WBL WBT NBL NBR Lane Configurations Traffic Vol, veh/h 475 57 19 715 48 16 Future Vol, veh/h 475 57 19 715 48 16 Conflicting Peds, #/hr 0 00000 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - 0 0 - 0 0 Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 90 90 90 90 90 90 Heavy Vehicles, % 2 22222 Mvmt Flow 528 63 21 794 53 18 Major/Minor Major1 Major2 Minor1 Conflicting Flow All 0 0 591 0 1364 528 Stage 1 - - - - 528 - Stage 2 - - - - 836 - Critical Hdwy - - 4.12 - 6.42 6.22 Critical Hdwy Stg 1 - - - - 5.42 - Critical Hdwy Stg 2 - - - - 5.42 - Follow-up Hdwy - - 2.218 - 3.518 3.318 Pot Cap-1 Maneuver - - 985 - 163 550 Stage 1 - - - - 592 - Stage 2 - - - - 425 - Platoon blocked, % - - - Mov Cap-1 Maneuver - - 985 - 160 550 Mov Cap-2 Maneuver - - - - 287 - Stage 1 - - - - 580 - Stage 2 - - - - 425 - Approach EB WB NB HCM Control Delay, s 0 0.2 18.3 HCM LOS C Minor Lane/Major Mvmt NBLn1NBLn2 EBT EBR WBL WBT Capacity (veh/h)287 550 - - 985 - HCM Lane V/C Ratio 0.186 0.032 - - 0.021 - HCM Control Delay (s) 20.4 11.8 - - 8.7 - HCM Lane LOS C B - - A - HCM 95th %tile Q(veh) 0.7 0.1 - - 0.1 - ATTACHMENT B HCM 6th TWSC 2040 Total - w/ LT Accel Lane 3: Site Access & Highway 6 AM Peak Synchro 9 Report KMK Intersection Int Delay, s/veh 1.2 Movement EBT EBR WBL WBT NBL NBR Lane Configurations Traffic Vol, veh/h 645 52 17 425 47 16 Future Vol, veh/h 645 52 17 425 47 16 Conflicting Peds, #/hr 0 00000 Sign Control Free Free Free Free Stop Stop RT Channelized - None - None - None Storage Length - 0 0 - 0 0 Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 80 80 80 80 80 80 Heavy Vehicles, % 2 22222 Mvmt Flow 806 65 21 531 59 20 Major/Minor Major1 Major2 Minor1 Conflicting Flow All 0 0 871 0 1379 806 Stage 1 - - - - 806 - Stage 2 - - - - 573 - Critical Hdwy - - 4.12 - 6.42 6.22 Critical Hdwy Stg 1 - - - - 5.42 - Critical Hdwy Stg 2 - - - - 5.42 - Follow-up Hdwy - - 2.218 - 3.518 3.318 Pot Cap-1 Maneuver - - 774 - 159 382 Stage 1 - - - - 439 - Stage 2 - - - - 564 - Platoon blocked, % - - - Mov Cap-1 Maneuver - - 774 - 155 382 Mov Cap-2 Maneuver - - - - 288 - Stage 1 - - - - 427 - Stage 2 - - - - 564 - Approach EB WB NB HCM Control Delay, s 0 0.4 19.2 HCM LOS C Minor Lane/Major Mvmt NBLn1NBLn2 EBT EBR WBL WBT Capacity (veh/h)288 382 - - 774 - HCM Lane V/C Ratio 0.204 0.052 - - 0.027 - HCM Control Delay (s) 20.7 14.9 - - 9.8 - HCM Lane LOS C B - - A - HCM 95th %tile Q(veh) 0.7 0.2 - - 0.1 - ATTACHMENT B 33 | Page Exhibit D Partial Avon Multimodal Transportation and Parking Plan Final Report July 2017 - - LSC parking report and support data. ATTACHMENT B LSC Transportation Consultants, Inc. Avon Multimodal Transportation and Parking Plan Page 31     Chapter 4  Existing Parking Conditions    Existing Public Parking Supply and Regulations  The current public parking supply within the commercial core area is shown in Table 12.  As  indicated, there are a total of 359 spaces, of which 299 are west of Avon Road and 60 to the  east.  Of the total, 21 percent are on‐street spaces and the remainder in lots.  While none of the  public spaces require a fee, just under half of these spaces (47 percent) have a 2 or 3 hour  parking time limit.  As noted, all of the parking areas are served by Avon Transit, and two areas  are within a convenient 5‐minute (quarter‐mile) walk of the gondola base.    In addition to these spaces, beyond the commercial core area 19 public spaces are available on  the north side of Nottingham Park, 72 spaces are available at Avon Elementary School on  weekends, 170 public spaces are available at Traer Creek Plaza, and there are a total of 765  spaces available for skier overflow at the Rodeo Grounds.  East of the study area, there are a total of 170 covered parking spaces in Traer Creek Plaza,  served by both Avon Transit and Eco Transit.  The Town has also made agreements with  individual private property owners to allow parking for special events when spaces are  available, as follows:  TABLE 12: Existing Public Parking in Avon Commercial Center Area Spaces Current Restrictions Transit Stop Gondola West Town Center Town Hall/Lake St 123 Weekend Only  Rec Center/Fire 93 3 Hr Max  West Beaver Creek Blvd On‐Street 22 2 or 3 Hr Max  Library On‐Street 25 2 Hr Max  Mikaela Way Public Lot (New Town Hall) 36 None  Subtotal 299 East Town Center E. Benchmark Rd On‐Street 21 2 Hr Max  Chapel Place 9 2 Hr Max  Behind Chapel Sq.30  Subtotal 60 Total 359 Note: No overnight parking on any facilities (12 AM to 6 AM).  Excludes loading spaces. Within Convenient 5‐Minute  Walk Of… ATTACHMENT B LSC Transportation Consultants, Inc. Avon Multimodal Transportation and Parking Plan Page 32      Nottingham Park evening special event parking ‐‐ US Bank after 6:00 p.m., First Bank  after 6:00 p.m.     Weekend special event parking ‐‐ Mtn. Vista Office Building, US Bank and FirstBank after  12:00 p.m. on Saturday; all day Sunday, Beaver Creek Bear Lots (overflow only).  Existing Private Parking Supply  There are a total of 3,767 private parking spaces in the Town Core, consisting of 1,812 surface  spaces and 1,039 underground spaces.  The largest of these private parking areas (with 200 or  more spaces) consist of the following:   Chapel Square (excluding Tract A)  604 spaces   Christie Lodge     401 spaces   Sheraton Mountain Vista    374 spaces   Westin      314 spaces   The Seasons at Avon    291 spaces    Of the total parking spaces in the Town Core, 13 percent are public and 87 percent are private.  Existing Parking Counts and Utilization   Winter Counts  Parking accumulation counts were conducted throughout the Avon commercial core area over  the course of a busy winter day (Saturday, February 18, 2017, which was the Saturday of  President’s Day Weekend).  LSC staff conducted parking counts at a total of 15 on‐street and  off‐street parking areas every hour between 7:00 AM and 9:00 PM.  The individual areas are  depicted in Figures 11 and 12, while the results of the counts are shown in Table 13.  A review  of this data indicates the following:   The parking spaces in the 15 areas total 887.  At the peak time of overall parking  utilization (6:00 PM hour), 402 vehicles were observed in these areas in total (45  percent utilization).     The overall parking utilization is depicted graphically in Figure 13.  As shown, utilization  grows at a rapid rate until the 12:00 PM hour, and then grows at a slower rate over the  afternoon before falling starting at 7:00 PM.     A review of hourly utilization by specific area, as depicted in Figure 14, shows how  parking is utilized in different patterns.  Many areas see the highest utilization in mid‐ day or the early afternoon hours.  The Rec Center parking lot grows over the day to a  peak at 5:00 PM, after which it drops quickly.  Other areas such as the Loaded Joes,   ATTACHMENT B LSC Transportation Consultants, Inc. Avon Multimodal Transportation and Parking Plan Page 33       H = East BenI = Chapel PJ = Behind CK = Chapel SL = Loaded Jnchmark Rd Place Chapel Place Square Joes a Figure 11: Avon Parking Count Areas - EastATTACHMENT B LSC Transportation Consultants, Inc. Avon Multimodal Transportation and Parking Plan Page 34       A = Town HaB = Lake St C = Rec CenteD = Fire E = W BeaverF = Library G = New TowM = Bob’s PlaN = DMV ll er r Creek wn Hall ace Figure 12: Avon Parking Count Areas - WestATTACHMENT B LSC Transportation Consultants, Inc. Avon Multimodal Transportation and Parking Plan Page 35    TABLE 13: Avon Commercial Core Parking Accumulation Counts ‐‐ Saturday, February 18, 2017ID Parking Location Type Capacity 7:00 AM 8:00 AM 9:00 AM 10:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PMA1 Town Hall‐Police Lot2011121112121212141211109ATown Hall Lot6510111014181817171110 8 8BLake StOn‐street382 101219302830271911 7 3CRec CenterLot 80 9 22 31 35 47 46 48 49 70 61 43 29DFireLot433 1121252319242426252112EW Beaver Creek On‐street30131410111100F LibraryOn‐street 25 1 0 2 3 15 15 20 17 5 7 7 7GNew Town Hall Lot37122327273231352917151310MBob's Place Lot135626670637065746878868896NDMVLot42101417211618232022303220HEast Benchmark Rd On‐street21063237514109167IChapel PlaceOn‐street9001111121088JBehind Chapel Place Lot 30 12 12 14 20 21 25 21 16 20 19 17 17KChapel SquareLot 239 11 19 28 36 40 52 55 59 57 47 36 29LLoaded Joes Lot73263330322930172944706963Subtotal: West Side515 121 172 202 223 264 252 284 266 261 257 229 194Subtotal: East Side372 49 70 76 91 94 115 99 120 132 145 146 124Subtotal: Public West Side318 38 80 104127 166 157 175 164 149 130 99 69Subtotal: Public East Side60 12 18 18 23 25 33 27 32 31 28 41 32Subtotal: Public378 50 98 122 150 191 190 202 196 180 158 140 101TOTAL887 170 242 278 314 358 367 383 386 393 402 375 318Percent of CapacityA1 Town Hall‐Police Lot2055% 60% 55% 60% 60% 60% 60% 70% 60% 55% 50% 45%ATown Hall Lot 65 15% 17% 15% 22% 28% 28% 26% 26% 17% 15% 12% 12%BLake StOn‐street 38 5% 26% 32% 50% 79% 74% 79% 71% 50% 29% 18% 8%CRec CenterLot 80 11% 28% 39% 44% 59% 58% 60% 61% 88% 76% 54% 36%D FireLot 43 7% 26% 49% 58% 53% 44% 56% 56% 60% 58% 49% 28%EW Beaver Creek On‐street 30 3% 10% 3% 13% 3% 0% 3% 3% 3% 3% 0% 0%F LibraryOn‐street 25 4% 0% 8% 12% 60% 60% 80% 68% 20% 28% 28% 28%GNew Town HallLot 37 32% 62% 73% 73% 86% 84% 95% 78% 46% 41% 35% 27%MBob's PlaceLot 135 46% 49% 52% 47% 52% 48% 55% 50% 58% 64% 65% 71%N DMVLot 42 24% 33% 40% 50% 38% 43% 55% 48% 52% 71% 76% 48%HEast Benchmark Rd On‐street 21 0% 29% 14% 10% 14% 33% 24% 67% 48% 43% 76% 33%IChapel PlaceOn‐street 9 0% 0% 11% 11% 11% 11% 11% 22% 11% 0% 89% 89%JBehind Chapel Place Lot 30 40% 40% 47% 67% 70% 83% 70% 53% 67% 63% 57% 57%KChapel SquareLot 239 5% 8% 12% 15% 17% 22% 23% 25% 24% 20% 15% 12%LLoaded JoesLot 73 36% 45% 41% 44% 40% 41% 23% 40% 60% 96% 95% 86%Subtotal: West Side23% 33% 39% 43% 51% 49% 55% 52% 51% 50% 44% 38%Subtotal: East Side13% 19% 20% 24% 25% 31% 27% 32% 35% 39% 39% 33%Subtotal: Public West Side12% 25% 33% 40% 52% 49% 55% 52% 47% 41% 31% 22%Subtotal: Public East Side20% 30% 30% 38% 42% 55% 45% 53% 52% 47% 68% 53%Subtotal: Public Total13% 26% 32% 40% 51% 50% 53% 52% 48% 42% 37% 27%TOTAL19% 27% 31% 35% 40% 41% 43% 44% 44% 45% 42% 36% ATTACHMENT B Avon Multi      B ev    U T co u    W a ex   imodal Transpo ob’s Place a vening hour Utilization rat he highest u omparison, t tilization in t While the tot reas indicate xceeding 80 o Rec Ce o The N in the o Chape o The lo o Loade ortation and Pa nd Chapel P rs.  tes were obs utilization we the east side the 5:00 PM tal utilization es areas of h  percent con enter – 87 p ew Town Ha  2:00 PM ho el Place – 89 ot behind Ch ed Joes lot –  arking Plan Place parking served to be est of Avon R e of the com M and 6:00 PM n rate was o high parking  nsisted of th percent at 5: all lot – Betw our  9 percent in t hapel Place – After 6:00 P g areas, how e higher wes Road was ob mmercial core M hours.  bserved to b utilization.   he following: 00 PM  ween Noon a the 6:00 PM – 83 percent PM, with a p LS wever, see th st of Avon Ro bserved to b e had a max be relatively Parking are :  and 2:00 PM M and 7:00 PM t at 1:00 PM eak of 96 pe SC Transportat he highest ut oad than eas be 55 percen ximum of 39 y low, a revie as with utiliz M, with a pea M hours  ercent in the tion Consultant Pa tilization in t st of Avon R nt, at 2:00 PM  percent  ew of specifi zation rates  ak of 95 perc e 6:00 PM ho   ts, Inc. age 36 the  oad.   M.  In  c  cent  our  ATTACHMENT B Avon Multi     Another  Study con conducte (totaling  and Sun  overall o maximum These av parking s two walk Summer  In the su facilities   O fi a   imodal Transpo recent sourc nducted by W ed for the Av 297 spaces) Road on Frid ccupancy of m of 173 veh vailable park shortages at  k at all times Counts  mmer of 20 shown in Fig On the date o lled all publi lso highest i ortation and Pa ce of winter Walker Park von Center a ) along the s day, Februar f 193 vehicle hicles (58 pe ing counts in peak times. s.  15, Town sta gure 15.  The of the evenin ic parking w n the areas    arking Plan parking occ king Consulta area, consist outh side of ry 26, 2016 a es (65 percen ercent) on Sa ndicate that  .  However, p aff conducte e results sho ng count (Au est of Avon  east of Avon cupancy data ants.  This in ting of the pa f West Beave and Saturday nt) was obse aturday (at 7 there are sp public parkin ed a series o own in Table ugust 6th) the Road.  Parki n Road, thou LS a is the Avon ncludes park arking lots a er Creek Bou y, February  erved on Frid 7:00 PM).    pecific sub‐a ng is typicall f counts for  e 14 indicate ere was a sp ing utilizatio ugh this reac SC Transportat n Center Lot  ing occupan and below‐gr ulevard betw 27, 2016.  A day (at 10 AM areas that ex ly available w key times in e the followin pecial event  on during thi ched only 47 tion Consultant Pa B Parking N ncy counts  round space ween Avon R A maximum  M) and a  xperience  within a bloc n the parking ng:  that comple s period was 7 percent.  ts, Inc. age 37 Needs  es  Road    ck or  g  etely  s  ATTACHMENT B LSC Transportation Consultants, Inc. Avon Multimodal Transportation and Parking Plan Page 38         Figure 15Summer Parking Count AreasP41st BankATTACHMENT B LSC Transportation Consultants, Inc. Avon Multimodal Transportation and Parking Plan Page 39        Other than during this evening special event, there were several specific times when  some individual facilities reached 100 percent utilization, in the vicinity of Benchmark  Road/Mikaela Way.  In all these cases, however, there were available spaces in other  nearby facilities.     Overall, parking utilization during these summer counts was observed to reach a  maximum of 76 percent during the special event, and 45 percent in other periods.  West  of Avon Road the maximum occupancy beyond the special event was 56 percent, while  it reached a maximum of 32 percent east of Avon Road.    TABLE 14: Summer Parking Counts 7/30/2015 7/31/2015 7/29/2015 7/28/2015 7/27/2015 8/5/2015 8/3/2015 8/6/2015 9:00‐9:30am10:30‐11:00am12:00‐1:00pm12:30‐1:45pm1:00‐2:00pm 3:15‐4:00pm 3:30‐4:00pm 8:00‐9:00pm G1 39 12 15 14 32 21 13 21 39 G2 37 17 26 25 29 30 33 24 37 G3 12 9 9 10 11 12 11 6 12 G4 12 6 9 6 11 12 11 8 12 G5 15 8 10 12 10 11 10 10 15 P1 7 2 1 2 5 4 4 4 7 P2 18 2 9 16 11 16 13 16 18 P314435345314 P4 8 8 2 2 1 2 3 3 8 B1 84 37 39 42 29 34 36 31 84 B2 14 8 15 15 12 13 11 12 14 Y1 36 12 13 9 12 7 10 6 36 TA 150 9 34 0 41 49 43 41 65 TB‐1 84 15 7 26 0 24 9 10 42 TB‐2 17 15 12 12 13 8 10 11 12 Subtotal: West Side 296 125 151 158 166 166 160 144 296 Subtotal: East Side 251 39 53 38 54 81 62 62 119 TOTAL 547 164 204 196 220 247 222 206 415 Percent of Capacity G1 31% 38% 36% 82% 54% 33% 54% 100% G2 46% 70% 68% 78% 81% 89% 65% 100% G3 75% 75% 83% 92% 100% 92% 50% 100% G4 50% 75% 50% 92% 100% 92% 67% 100% G5 53% 67% 80% 67% 73% 67% 67% 100% P1 29% 14% 29% 71% 57% 57% 57% 100% P2 11% 50% 89% 61% 89% 72% 89% 100% P3 29% 21% 36% 21% 29% 36% 21% 100% P4 100% 25% 25% 13% 25% 38% 38% 100% B1 44% 46% 50% 35% 40% 43% 37% 100% B2 57% 107% 107% 86% 93% 79% 86% 100% Y1 33% 36% 25% 33% 19% 28% 17% 100% TA 6% 23% 0% 27% 33% 29% 27% 43% TB‐1 18% 8% 31% 0% 29% 11% 12% 50% TB‐2 88% 71% 71% 76% 47% 59% 65% 71% Subtotal: West Side 42% 51% 53% 56% 56% 54% 49% 100% Subtotal: East Side 16% 21% 15% 22% 32% 25% 25% 47% TOTAL 30% 37% 36% 40% 45% 41% 38% 76% Parking Lot Total  Spaces ATTACHMENT B LSC Transportation Consultants, Inc. Avon Multimodal Transportation and Parking Plan Page 40     Existing Parking Code  The provision of parking in Avon is regulated by Section 7.28.020 of the Code of Ordinance.  The  base parking rates (spaces required per unit of development) are shown in Table 15.  In  addition, the Code identifies several adjustments/considerations that impact the number of off‐ street spaces required:     A 15 percent reduction can be applied if the Town determines that an appropriate mix  of uses is proposed.    TABLE 15: Town of Avon Off‐Street Parking Requirements Dwelling, Single‐Family, Duplex 2 per unit; 3 per unit for units over 2,500 sq. ft. Studio/ Lockoff/ Accommodation unit ‐ 1 per unit 1 bedroom/ DU over 2,500 sq. ft. ‐ 2 per unit 3‐5 units ‐ 2 spaces 5‐10 units ‐ 3 spaces 11‐15 units ‐ 4 spaces 16‐20 units ‐ 5 spaces 21‐25 units ‐ 6 spaces Over 25 units ‐ 7 spaces plus 1 space for each 5 units  in excess of 25 up to a maximum of 10 additional  spaces. Group Homes 1 per bed plus 1 per 100 sq. ft. of GFA Retirement home, nursing home or assisted living  facility 1 per 4 beds and 1 per employee with  consideration to the number of shifts worked. Art gallery or museum 4 per 1,000 sq. ft. GFA Community centers 4 per 1,000 sq. ft. GFA Government services, offices and facilities 4 per 1,000 sq. ft. GFA Library 4 per 1,000 sq. ft. GFA Religious assembly 4 per 1,000 sq. ft. GFA Child care center 2 per 1,000 sq. ft. GFA Preschool, nursery school 2 per 1,000 sq. ft. GFA College or university (non‐exempt)4 per 1,000 sq. ft. GFA School, K‐12 (public and private)4 per 1,000 sq. ft. GFA School, vocational‐technical and trade 4 per 1,000 sq. ft. GFA Medical center/ hospital 4 per 1,000 sq. ft. GFA Medical and dental clinics and offices 4 per 1,000 sq. ft. GFA Urgent care facility 4 per 1,000 sq. ft. GFA Parks and Open Space Golf course 4 per green 4 per 1,000 sq. ft. GFA Food and Beverage Services Restaurants, bars and taverns 1 per 60 sq. ft. of indoor seating area. Office Administrative and professional offices 3 per 1,000 sq. ft. GFA Recreation and Entertainment, Outdoor Outdoor commercial recreation/ entertainment Determined by the Director Recreation and Entertainment, Indoor Indoor commercial recreation/ entertainment Determined by the Director Wholesale Business Wholesale business 1 per 800 sq. ft. GFA 1 per 800 sq. ft. GFA https://www.municode.com/library/co/avon/codes Residential Uses Community Services Residential and Accommodation Uses General Industrial Uses unless otherwise stated Day Care Educational Facilities Health Care Facilities Commercial Uses General Commercial Uses unless otherwise stated Industrial Service Dwelling, Multi‐Family Guest Parking for Multi‐Family Group Living Public and Institutional Uses ATTACHMENT B LSC Transportation Consultants, Inc. Avon Multimodal Transportation and Parking Plan Page 41      Adjacent on‐street parking along the front property line may “count” towards the total  parking supply, at the discretion of the Town.     Off‐site parking may be considered as part of a planned unit development, so long as it  is within 500 feet from the use and a direct, adequate and convenient pedestrian  connection is available.   The maximum number of off‐street spaces that may be provided is 125 percent of the  required minimum number of spaces.  Comparison of Parking Counts with Code  The parking counts provides the opportunity to compare the existing Code requirements  against the observed peak parking demand.  The close proximity between uses in the Avon  commercial core makes it a challenge to find parking areas with observed use that can be  directly compared against the land uses served.  Two specific areas allowed this direct  comparison:   The Chapel Square commercial center Building B consists of 53,318 square feet of  commercial floor area.  At the Code rate, it would require 214 spaces.  A maximum of 59  parked vehicles were observed, indicating that the current parking rate is almost 4 times  the observed peak rate.       Given this high occupancy, it is probable that approximately 10 of the peak 16 vehicles  parked in the adjacent East Benchmark on‐street spaces were also generated by this  center.  This indicates that the current Code rates are approximately 132 percent of the  observed peak.     The Avon Center Lot B Parking Needs Study data can also be used to compare Code  requirements with observed parking.  Current Town Code parking requirements for the  existing land uses would require 218 spaces.  Compared with the maximum observed  parking demand, and adjusting for the five spaces included in the counts but used for  equipment storage, the current Code requires 16 percent more spaces than observed at  maximum.  ATTACHMENT B 34 | Page Exhibit E Geotech Report – Revised 2017 ATTACHMENT B Wiss, Janney, Elstner Associates, Inc. 3609 South Wadsworth Boulevard, Suite 400 Lakewood, Colorado 80235 303.914.4300 tel | 303.914.3000 fax www.wje.com Headquarters & Laboratories–Northbrook, Illinois Abu Dhabi | Atlanta | Austin | Boston | Chicago | Cleveland | Dallas | Denver | Detroit | Dubai | Honolulu | Houston | Los Angeles Minneapolis | New Haven | New York | Princeton | San Francisco | Seattle | South Florida | Washington, DC September 12, 2017 Mr. Greg Macik TBA Associates 56 Edwards Village Boulevard, Suite 210 Edwards, Colorado 81632 Re: Geological Engineering Services Folson Project, Hwy 6 Avon, Colorado WJE No. 2017.4534 Dear Mr. Macik: Wiss, Janney, Elstner Associates, Inc. (WJE) is pleased to submit this report detailing the geological engineering services performed and the associated findings, interpretations, and recommendations related to the characterization of debris flow hazards at the above referenced project site. Background Michael W. West & Associates, Inc. (MWWAI) submitted an engineering geological and geotechnical review on December 10, 2007 which included a site characterization description, a review of a proposed mitigation approach, and a proposed scope of work with respect to further site investigation. In this review, MWWAI stated the following: “A terrain feature consistent with physical characteristics of an alluvial or debris fan is present on the site… (W)e are not sure at this time whether the feature is an alluvial fan or debris fan… We believe that further investigation into this issue or question is appropriate, especially considering the level of mitigation (and cost) associated here with debris flows. We recommend additional investigation and characterization of this feature… At one extreme, this additional investigation may support the characterization of the feature as an alluvial fan, resulting in substantially reduced mitigation effort. The other extreme would be a confirmation (approximately) of the current characterization and approach. We believe an outcome between these two extremes is more likely, although we do not guarantee any outcome.” MWWAI was acquired by WJE on July 1, 2017. Consequently, WJE submitted a field work proposal for continuation of the project on July 25, 2017, which outlined a scope of work and schedule, consistent with MWWAI’s earlier recommendations. Michael W. West, Ph.D., P.E., P.G., WJE Principal, and Emma Bradford, WJE Associate II, performed the site investigation on August 24 - 26, 2017. Ms. Bradford prepared a draft of the report, and the final report was reviewed and finalized by Dr. West and Frank Harrison, P.E., WJE Associate Principal and Project Manager. Site Investigation On the morning of August 24, 2017, WJE directed Site Resource Management (SRM) to excavate a trench according to specifications outlined in the July 25, 2017 field work proposal. Specifically, the trench, located within the upper part of the fan and oriented perpendicular to the slope, was excavated with three ATTACHMENT B Mr. Greg Macik TBA Associates September 12, 2017 Page 2 4-foot high sub-vertical walls separated by 6-foot wide benches on the upslope side. Photos of the site are appended to this report. The downslope side of the trench was laid-back to an approximately 1.5h:1v slope similar to the benched upslope side of the trench. The trench was oriented approximately 101° from North. Following the completion of excavation, WJE established survey control on the sub-vertical trench walls, delineated geological units exposed in the trench, mapped unit contacts, took photos, and noted other relevant site characteristics. Before backfilling the trench on August 26, 2017, WJE recorded soil descriptions and took soil samples of each geologic unit. SRM backfilled in the trench per the terms stated in the July 25, 2017 field work proposal. Trench Stratigraphy We identified six geological units along the walls of the trench, all of which are silty fine-grained soils or silty to sandy gravels. River terrace alluvium with sub-rounded cobbles and gravels (Unit 1) is the relatively oldest unit that was identified in the trench. Photo 1 highlights the signature of Unit 1 dominated by sub- rounded clasts. Areas of high clast concentration show 100% carbonate coverage. Unit 2 contains mixed facies of both river terrace alluvium and drainage alluvium (Unit 2). Photo 2 displays the variability of clast concentration laterally along the unit. A carbonate-rich drainage alluvium (Unit 3) which dominated Bench No. 3 exists above Unit 2. Photo 3 depicts the low clast percent by volume (5% - 10%) and mottled carbonate presence throughout Unit 3. Unit 3 is overlain by a drainage alluvium (Unit 4) which grades vertically upward into a secondary textural B soil horizon (Unit 4-Bt). We identified carbonate-rich gravel lenses and channels (Unit 4-CA) within both the secondary textual B soil horizon and the drainage alluvium. Photo 4 demonstrates the distinct increase in percentage of clasts by volume in Unit 4-CA compared to Units 4 and 4-Bt. Above Unit 4-Bt is a younger textural B soil horizon (Unit 5-Bt) that contains both a drainage alluvium lens (Unit 5) and a drainage alluvium lens with carbonate (Unit 5-CA). Unit 5-CA is easily distinguishable due to its high carbonate content as represented in Photo 5. The first unit at the ground surface underlain by Unit 5-Bt is a modern A soil horizon (Unit 6). Photo 6 illustrates the soil structure of Unit 6. Above referenced photos of trench stratigraphy and geologic relations are included in the appendix. Please use the approximately quarter-sized yellow flagging shown in these photos for scale. Furthermore, the orange flagging ties are one meter apart. In addition, a trench log and corresponding unit descriptions that depict geological unit contacts and more detailed unit descriptions, respectively, can be found in the appendix. Interpretation The Eagle River runs to the north of Highway 6, north of the site. Unit 1, river terrace alluvium, represents a former floodplain of this river. The sub-rounded to rounded clasts that dominate Unit 1 are a product of erosional activity commonly associated with high-energy flow. Subsequently, the river has cut into the terrace level (Unit 1), ultimately reaching its current elevation. Unit 2, associated with the steep drainage to the south, likely eroded the terrace gravels as the river down-cut its channel. Localized fine-grained drainage alluvium and angular clasts from a source basin within the steep drainage likely cut into and intermixed with the river terrace alluvium creating a mixed facies unit (Unit 2) which contains both river terrace alluvium sub-rounded to rounded clasts as well as sub-angular clasts. Units 3, 4, 4-CA, 5, and 5- CA were similarly transported from the southern source basin to the fan predominantly by alluvial processes, evidenced by the sub-angular clasts within these units. A period of stability occurred on the fan surface after the deposition of Unit 4, allowing Unit 4-Bt to develop. Unit 4-Bt was likely covered by ATTACHMENT B Mr. Greg Macik TBA Associates September 12, 2017 Page 3 additional material across the fan surface associated with the source basin to the south. Unit 5 and Unit 5- CA represent a second period of stability which prompted the formation of both Unit 5-Bt and darker- colored Unit 6, the modern A horizon. The term debris flow describes a slurry of poorly-sorted, highly-concentrated sediment that acts as a fluid. At concentrations of up to 80 percent solids, debris flows have a high density, allowing them to transport boulders that are up to meters in diameter (Cruden and Varnes, 1996). Debris-flow deposits typically contain large cobbles and boulders and other debris (tree, brush, etc.) suspended in a matrix of gravel, sand, and/or silts and clays (Boggs, 2006). Debris-flow deposits are characterized by poorly-sorted angular, sub- angular, and/or sub-rounded clasts in a relatively fine-grained matrix. No internal layering or imbrication of clasts is typically present in a debris-flow deposit, but individual debris-flow events in a debris fan can sometimes be recognized by crude layering defined by variations in debris composition and the presence of soil-forming intervals between subsequent events. The trench showed no evidence that a debris flow has taken place on the fan of interest. Only two units in the trench exhibited a clast-dominated matrix-supported signature. One was clearly fluvial in origin as the clasts were predominately sub-rounded to rounded (Unit 1), and the other contained a maximum clast size of small (approximately 3 inch diameter) sub-angular gravel and cobbles (Unit 4-CA) where a significant debris-flow event would be expected to deposit boulder-sized clasts. Although it is likely that small-scale flow events have occurred on the fan of interest in the past, the material in the trench is not characteristic of a relatively large debris-flow deposit which would typically contain sub-angular cobbles and boulders in a clay-dominated matrix. The destructive potential of relatively small-volume flows containing a maximum clast size of gravel or small cobbles compared to those of a large debris flow are of less concern, though this condition should still be considered in design as recommended below. Recommendations Based on the characterization discussed above, we do not believe that a debris flow hazard exists at this site to the degree that specific debris flow mitigation is required. The site will be subject to precipitation and runoff, and thus normal, prudent storm water engineering practices should be followed. Large runoff events with significant overland flows may indeed contain sediment, but large bulking factors as are typically associated with debris flow events need not be considered in such designs. It would, however, in our opinion, be prudent to oversize conveyance channels, culverts, and related structures by 25 to 50 percent to account for sediment loading. Best management practices to control erosion and minimize sediment generation should be followed. We are available to consult with the civil designer, and to review any plans or calculations if requested. Our scope of work on this project has been limited specifically to review, investigation, and recommendations related to potential debris flow hazards for the site in question. We have not investigated other geologic hazards such as rockfall, landslides, or collapsible soils, nor does our scope of work currently include foundation recommendations or recommendations or designs related to earth retention or slope stability. Please call if you require such services. ATTACHMENT B ATTACHMENT B Mr. Greg Macik TBA Associates September 12, 2017 Page 5 References Boggs, S. (2006). “Principles of Sedimentology and Stratigraphy - 4th Edition.”, Transport and Deposition of Siliciclastic Sediment, Pearson Prentice Hall Inc., Upper Saddle River, NJ. Cruden, D. M., and Varnes, D. J. (1996). “Landslides Types and Processes.” Landslides: Investigation and Mitigation Special Report 247, National Academy Press, Washington, D.C., 36-71. ATTACHMENT B Appendix A ATTACHMENT B Site Location and Site Photos ATTACHMENT B DATE: 09-06-17BY: ELB PROJ. #: 2017.4534 FIGURE: 1 Figure: Site Location (after GoogleEarth, 2017) Project: FolsonLocation: Avon, Colorado nn Approximate location and orientation of trench ATTACHMENT B DATE: 09-06-17BY: ELB PROJ. #: 2017.4534 FIGURE: 2 Figure: General Site Photos Project: Folson Location: Avon, Colorado ATTACHMENT B Trench Stratigraphy Photos ATTACHMENT B DATE: 09-06-17BY: ELB PROJ. #: 2017.4534 FIGURE: 3a Figure: Trench Stratigraphy Photos Project: Folson Location: Avon, Colorado Photo 1: River terrace alluvium Unit 1 dominated by sub-rounded clasts Photo 2: Clast concentration variability of mixed facies Unit 2 Photo 3: Mottled carbonate and low clast concentrations within Unit 3 Photo 4: Channelized 4-CA Unit in Bench No. 1 with much higher clast concentration than Units 5-Bt, 4-Bt- and 4 (on Bench No. 2) Unit 3 Unit 4 Unit 5-Bt Unit 4-Bt ATTACHMENT B DATE: 09-06-17BY: ELB PROJ. #: 2017.4534 FIGURE: 3b Figure: Trench Stratigraphy Photos Project: Folson Location: Avon, Colorado Photo 5: White coloration highlights the high carbonater presence in Unit 5 Photo 6: Soil structure of Unit 6 Unit 5-Bt ATTACHMENT B Trench Log and Unit Description ATTACHMENT B Abbreviated Stratigraphic Explanation: 6. Modern A Horizon 5-CA. Drainagea alluvium lens with carbonate 5. Drainage alluvium lens 5-Bt. Textural B Horizon 4-Bt. Secondary textural B Horizon (gradation contact with 4) 4-CA. Drainage alluvium gravel lens or channel with carbonate 4. Drainiage alluvium (gradational contact with 4-Bt) 3. Drainage alluvium with carbonate 2. Mixed facies - River terrace alluvium/Drainage alluvium 1. River terrace alluvium METERS -1 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24MATCH LINETRENCH ORIENTATION: N101°E -2METERS7 6 5 4 3 2 1 0 2 2 2 1 1 1 3 4 3 4 3 33 4 4 4-CA 4-CA 4 4-CA 4-CA 4-Bt 4-Bt 4-Bt 5-Bt 5-Bt 5-Bt 5-CA 6 6 6Bench No. 1 Bench No. 2 Bench No. 3 5 ATTACHMENT B UNIT ID.NAMEDESCRIPTIONUSCS Name: Percent clasts by volume, clast rounding, carbonate presence, Munsell soil color6 A HorizonSilt (ML): Very minimal pebble presence, rounding not applicable, no carbonate present, 10YR 4/25-CACarbonate HorizonSilt (ML): Very minimal pebble presence, rounding not applicable, carbonate uniformly present throughout, 2.5Y 6/25 Drainage alluviumSilt (ML): Very minimal pebble presence, rounding not applicable, no carbonate present, 10YR 4/25-BtTextural B HorizonSilt (ML): 5% coarse gravel with some pebbles, sub-angular, typically no carbonate present but some ghosted coverage, 10YR 4/24-BtSecondary textural B Horizon (gradation contact with 4) Silt (ML): 5% - 10% coarse gravel with minimal small-sized cobbles and some pebble clusters, sub-angular to sub-rounded, typically no carbonate present but concentrated pebble clusters show ghosted coverage, 10YR 4/24-CADrainage alluvium lens or channel with carbonateSilty gravel (GM): 70% - 85% coarse gravel with some small-sized cobbles and pebbles, sub-angular to sub-rounded, ghosted carbonate coverage to full carbonate coverage, from top to bottom: 2.5Y 6/2, 2.5Y 5/24Drainage alluvium (gradational contact with 4-Bt)Silt (ML): 5% - 10% coarse gravel with pebbles concentrated in clusters or filling void space in between gravels near bottom of unit, sub-angular to sub-rounded, typically no carbonate present but small amount of mottled carbonate observed on west side of bottom of unit, from top to bottom of unit: 10YR 4/2, 2.5Y 4/43Drainage alluvium with carbonateSilt (ML): 2.5% - 10% coarse gravel with few small concentrated pebble clusters at bottom of unit, sub-angular to sub-rounded, mottled carbonate to full carbonate coverage, from top to bottom of unit: 10YR 5/2, 2.5Y 5/2, 10YR 4/32Mixed facies - River terrace alluvium/Drainage alluvium Sandy silt with gravel (ML): Average of 15% small- to medium-sized cobbles and coarse gravel with pebbles but clast concentration is highly variable laterally, predominantly sub-rounded to rounded with some sub-angular, typically no carbonate present except for full carbonate coverage in areas with high clast concentration, 10YR 3/31River terrace alluviumSandy silt to silt with gravel and cobbles (ML): 15% - 20% small- to large-sized cobbles with coarse gravel and pebbles near bottom of unit and average of 70% small- to large-sized cobbles and coarse gravel in middle and top of unit where clast concentration is highly variable laterally, predominantly sub-rounded to rounded with some sub-angular, typically no carbonate present but some clusters of gravels and pebbles show full carbonate coverage, from top to bottom of unit: 2.5Y 5/2, 10YR 4/2 UNIT DESCRIPTIONATTACHMENT B 35 | Page Exhibit F Geotech Report – Original 2007 ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B 36 | Page Exhibit G Project Images ATTACHMENT B 37 | Page ATTACHMENT B 38 | Page ATTACHMENT B 39 | Page ATTACHMENT B ATTACHMENT B ATTACHMENT B Parking notrequiredwithreductionATTACHMENT B ATTACHMENT B EAGLE-VAIL/VALLEY OVERLOOKGYPSUM CLIFFSVALLEY OVERLOOKBIKING AND HIKINGTRAIL TOOVERLOOKSPOSSIBLE LINK TONATIONAL FORESTBIKING/ HIKINGTRAILSPOSSIBLE LINK TOEAGLE VAIL TRAILDEDICATEDPARKING FOR TRAILPAVILIONTRAIL CONNECTIONATTACHMENT B ATTACHMENT B L1.0PROPOSED TRAILEXISTING TREE LINEEXISTING TREE LINEPEDESTRIANAREA - SEATINGGATHERINGPEDESTRIANAREA - SEATINGGATHERINGTRAIL PARKINGPEDESTRIANAREA - SEATINGGATHERINGATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B From: Matthew Abramowitz   Sent: Sunday, January 21, 2018 2:25 PM  To: Matt Pielsticker <mpielsticker@avon.org>; jeff layman   Cc: Peter Dillon  Subject: 38388 Highway 6 Development  Hi Matt & Jeff,  I recently saw that 38388 Highway was sold and I understand that the developer plans to build a large residential / hotel  property on the site. As a neighbor in RiverOaks, I am very excited about another wonderful development that will add  to our amazing community.  However, as a neighbor, I also have some concerns regarding the added traffic to the area  and the impact that may cause.    Currently, as a resident of RiverOaks, we have no way to access the path directly across the way without running across  highway 6 (with children in tow) or the main roundabout without walking down highway 6 until we reach the path by  the Ascent.  Both options are extremely dangerous!  And now a new development has the potential to increase traffic  exponentially.    With that being said, we would like to make sure everyone involved understands our residents concerns.  When  considering the new new development,  Please consider building a path all the way from the round about to RiverOaks  and possibly a lighted crosswalk (at the round about and /or in front of RiverOaks).  In an effort to work with the  developer, the town of Avon & EV, I believe that we would be willing to sell a portion of our property on the west side to  facilitate the walkway.  This would also provide EV with an option of extending their trails and have access to a path that  leads directly into Avon.  I believe a win for all parties.  As you move forward with the approval process for the new development, we would like to be part of the discussions so  that we can come to the best possible outcome for everyone!  Thanks in advance for your time in regards to this matter!  I look forward to hearing back from you and working  together!    Thank you for all that you do for our communities!  Thanks,  Matthew Abramowitz  ATTACHMENT C 1 From: Thomas Heston  Sent: Sunday, January 28, 2018 9:59 PM  To: Matt Pielsticker <mpielsticker@avon.org>; Matthew Abramowitz   Cc: jeff layman ; Pete Dillon  Subject: Highway 6 development/Riveroaks Condo."  Dear Matt,  My name is Tom Heston.  My wife, Marlene, and I have owned property in the River Oaks  Condominium  complex since  1995. We recently learned from Matt Abramowitz that the  property west of our complex will soon be home to a 200  plus room hotel/condo development. We are pleased the development  should be a huge asset to the neighborhood,  however the project does create concerns for myself and  the residents of River Oaks.   Since the bike path completion on the north side of Highway 6, it has become evident that the path has  shortcomings  related to River Oaks residents. The most serious concern for our residents is the danger involved in  accessing the bike path. With no crosswalk on highway 6, it becomes a matter of "taking your life in your own hands" in  order to cross the highway to get to the path. The only other alternative is to walk down highway 6 to the round‐about  by the Accent, which may be possibly even more life threatening.   The east bound bus  stop is only accessible from River Oaks by walking  west along the berm of Highway 6. This is also  quite dangerous with the absence of a walkway.  I've investigated some old  River Oaks planning documents from 1980, and discovered the parcel of land just west of the  existing complex was earmarked for a second phase of development. The parcel,  approximately 7 acres on top, was  to  accommodate 3‐4 additional building sites. My thought is, with cooperation between River Oaks, Eagle‐Vail, Avon, and  the developers, possibly an arrangement  could be struck to alleviate the pedestrian safety shortcomings on highway 6  by creating a sidewalk, or path. Or, perhaps additional options could be created utilizing the 7 acres to provide the new  development  with more parking  for their planned Eagle‐Vail Trail Head, or low cost employee housing, etc.    Realizing  there would be a vast amount of excavating to be done, the 7 acres from River Oaks might possibly be a great  location for a transit sub‐station. Additional parking at the site might provide a solution for the parking issues currently  experienced at the Avon Transit Station.  In closing, I would  hope  the concerns of the residents of River Oaks would be considered in any decisions that are made  regarding the forthcoming development.  Sincerely,  Thomas C Heston Jr  River Oaks E202  ATTACHMENT C 1 From: James Gregg    Sent: Friday, February 02, 2018 3:20 PM  To: Matt Pielsticker <mpielsticker@avon.org>  Subject: PUD Colorado World Resorts  Matt  I looked through the proposal on line, as you suggested.  In my opinion, 95' is by far too tall for a building on this site, especially since it is an uphill site, which will make it appear  even taller and it sounds like they are not planning to set it down below existing grade. In addition, the building is  massive and will dwarf everything else around it, including the Ascent. I don't think comparing heights of buildings with  those in the town center is a valid argument. This area is transitioning to residential and there is no commercial zoning  around it,  My other concern is the amount of new traffic that will be generated. I've spent a lot of time on that corner in the last  few years and can attest to the fact that there is a high volume of cars on that roundabout all day long.  Obviously there is going to be development on that parcel. I'm sure Planning and Zoning will make every attempt to  have it blend both into the site and with the surrounding properties.  Thank you  Jim Gregg  Red House Avon LLC  ATTACHMENT C 1 From: Kristi Ferraro    Sent: Monday, February 05, 2018 6:22 PM  To: Matt Pielsticker <mpielsticker@avon.org>  Subject: Folson Property  Hi Matt, Can you please provide the following comments on the application for the Folson property to P&Z at the February 6, 2018 meeting? I believe a 95 foot building height is very inappropriate in this location. As I stated in my comments on the Traer Creek application, the comprehensive plan contemplates that the building heights in Avon should be greatest near the Avon Center and the Westin and taper down radiating outward from that area of Town. Approval of this application will create a canyon wall of height and mass along Highway 6, and will make this entrance to Avon quite unappealing. I also don't believe that a variance to allow construction of improvements on 40% slopes should be granted. Building on such steep slopes will be environmentally disastrous and will create unsightly development from both inside and outside this building. Approving this application will result in development that is detrimental to Avon. Thank you, Kristi Ferraro 3860 Eaglebend Drive  Avon, Colorado 81620  ATTACHMENT C 1 From: Tamra  Sent: Tuesday, February 06, 2018 4:27 PM  To: Matt Pielsticker ; David McWilliams  Cc: Preston Neill <pneill@avon.org>  Subject: Folson Property ‐ public hearing tonight  February 6, 2018 Dear Planning & Zoning Commissioners: I am in receipt of the Notice sent to property owners within 300 feet, but I cannot attend the P&Z hearing tonight. I am writing to oppose the Colorado World Resorts application for the Highway 6 property known as the Folson property. To summarize, I have severe concerns with a 195-room hotel and mixed use commercial structure being on “the far side” of Highway 6….nowhere close to our urban core and with hotel guests unwittingly becoming endangered pedestrians as they try to cross Highway 6 to make the long walk to Avon’s restaurants, shops and services. In addition, a 95’ height is not simply appropriate outside Town Center. I have looked at P&Z’s 11 Rezoning Review Criteria for this application and it’s clear to me that this project fails miserably and simply cannot be approved by your commission. Among the problems: 1) It does not comply with the Development Code, in fact it violate the goals of the Development Code in that this massive hotel/mixed-use/condo structure will: increase traffic congestion outside of the urban center, promote vehicle trips (not mass transit) and create a deadly pedestrian environment with hotel guests desiring to walk across Highway 6 create significant urban sprawl and environmental degradation including a 95’ building blocking light from Highway 6 and the surrounding land 2) It does not comply with the Comprehensive Plan This Gateway District is supposed to create a community gateway (not with a massive 95’building), work well with CDOT’s improvements (again, having so many hotelguests/pedestrians on “the far side” of Highway 6 is just too dangerous) and minimize cut areas (the slope cuts are too great) 3) The land is not suitable for this use ATTACHMENT C 2 Just look at the Staff Report – Staff states that the land is “largely not developable”! 4) The proposed project is not compatible with its surroundings Again, please look at the Staff Report where staff says it is “an island property”… Avon cannot put a 195-room hotel on an island property! 6) The developer brings no water rights (or other “facilities”) and yet asks for incredibly dense use 7) The application is not consistent with the proposed zoning…it actually does the opposite of theMC zone: MC zoning is supposed to “link places” MC zoning is supposed to “create a compact community form” MC zoning is supposed to “reduce vehicle trips, relieve traffic congestion, and provide aurbanized pedestrian environment”…we simply cannot put Avon hotel guests at risk for being pedestrians on Highway 6 8) The project creates adverse impacts on the natural environment – the steep slope construction and huge retaining walls are a clear threat to wildlife, vegetation and stormwater management on the lot and surrounding lands 10 ) There is no mitigation of all the above-described negative impacts Given the above, and the numerous other problems identified with this project, I ask that you vote to DENY the application and NOT recommend it for approval by the Avon Town Council. Very truly yours, Tamra N. Underwood   ATTACHMENT C 1 From: Carroll Tyler     Sent: Thursday, February 08, 2018 1:59 PM  To: Preston Neill <pneill@avon.org>  Subject: Proposed hotel  The site in question is too tight for a 315 room hotel rising 95 feet in the air next to the Ascent. This is way out of  character for Avon. And there are already several projects in the works that will impact the town with extended  construction for years. Thank you.  Carroll Tyler  4737 Wildridge Road  Carroll Tyler Broker Associate | Realtor Slifer Smith & Frampton Real Estate Protect yourself from wire fraud; Slifer Smith and Frampton associates will never send you wiring instructions.  ATTACHMENT C Heil Law & Planning, LLC E-Mail: ericheillaw@gmail.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Colorado World Resorts Application: Disclosure of Ex Parte Communication; Colorado Open Records Act and Development Applications DATE: February 8, 2018 DISCLOSURE OF EX PARTE COMMUNICATION: Council member Matt Gennett sent e-mail messages on February 8, 2018 concerning the Colorado World Resort zoning and preliminary PUD application which was sent to Mayor Jennie Fancher, Council member Scott Prince, Town Manager Virginia Egger and Planning Director Matt Pielsticker. The e-mail messages ask procedural questions concerning the review timeframe, analysis of impacts, and referral agencies. The e-mail messages also express strong concerns that could be interpreted as formulating an opinion prior to the public hearing. Furthermore, the e-mail messages include accusations of wrong doing on the part of the Town Manager. It is my opinion that these e-mail messages constitute Ex Parte communication and warrant disclosure. Ex Parte communication is a Latin phrase meaning “on one side only; by or for one party” and refers to when a party to a judicial proceeding communicates with the judge directly without the other parties’ knowledge. The concern and recommended restriction on Ex Parte communication applies to “quasi-judicial” proceedings, in which the reviewing body is acting as a “judge” to review an application at a public hearing, must make a decision based on upon established review criteria, and which decision is subject to judicial review. Typically, Ex Parte communications in quasi-judicial development applications occur when the Applicant or an interested member of the public communicates directly with a member of the reviewing body outside of the public hearing. This situation is slightly different because it is a communication from one member of the review body to two other members of the review body. There is no express written rule concerning Ex Parte communication in the Colorado statutes. Rather, the case of Booth v. Town of Silver Plume, 474 P.2d 227 (Colo. App. 1970) stands for the rule that Ex Parte communications should be disclosed, and that failure to disclose can result in invalidating a decision. The underlying consideration is that parties to a quasi-judicial proceeding have a constitutional due process right to a fair and impartial proceeding, and evidence of bias or pre-judgment before a public hearing can result in invalidating the vote of biased member of the reviewing body, or potentially invalidating the vote of the entire reviewing body. In addition, the e-mail messages included three Council members and should be disclosed under the Colorado Open Meetings Act. My recommendation is that Council member Gennett affirm at the beginning of the public hearing that he does not have a bias and is able to judge the application on its merits, or if he has already formulated an opinion on the application, to recuse himself from voting or participating on the application review. COLORADO OPEN RECORDS ACT AND DEVELOPMENT APPLICATIONS: The Town Manager characterized to the Avon Town Council that the Colorado World Resorts Development was “confidential” when first received and during the initial review period to determine if the application was M EMORANDUM & PLANNING, LLC ATTACHMENT D Avon Town Council Ex Parte Communication and Public Records February 9, 2018 Page 2 of 2 complete. Council member Gennett questioned the correctness of this characterization and stated that development applications are public record when received. I have reviewed this question. The Colorado Open Records Act establishes a general rule that every document in the Town’s possession is a public record and then sets forth a series of exceptions for documents and records that the Town may claim are not public records. None of the exceptions applies to development applications. There is not a specific mention of development applications in the Colorado Open Records Act and there is not any case law in Colorado that specifically addresses if development applications are public records when initially submitted and during the initial completeness review period. I have researched other states which have held that development applications are public records once submitted and filed with the local government. I have also found examples of local governments in other states that include a simple disclosure on development applications stating, “This Application constitutes a public record and is subject to closure under open records laws.” This memorandum does not address any formal or informal policies regarding the reporting to Council and/or the Avon Planning and Zone Commission of the filing and pendency of development applications and does not address how development applications are publicized. The Town’s only legal requirement is to post and publish notice of development applications as required by the Avon Development Code. Thank you, Eric ATTACHMENT A: Copy of E-Mail correspondence ATTACHMENT D From:Matt Gennett mgennett@avon.org Subject:Re: Council Updates Date:February 8, 2018 at 1:28 PM To:Eric Heil ericheillaw@gmail.com Cc:Jennie Fancher jfancher@avon.org,Virginia Egger vegger@avon.org,Matt Pielsticker mpielsticker@avon.org,Scott Prince sprince@avon.org Eric, all of my questions and concerns raised thus far have been strictly procedural rather than substantive regarding the application. How does this constitute ex-parte communication? I am not judging or discussing the contents or merits of the application itself. More importantly, WHEN did thiscommunication become ex parte, according to your assessment? I didn't even know the application had been deemed materially complete until Iread the paper today. We were told to keep the knowledge of it even having been submitted "CONFIDENTIAL" in writing on January 8, 2018. We both know that if aCouncil person is asked whether an application has been submitted for a certain property, answering "yes, please talk to staff" does not constitute exparte communication.What I have described above represents the catalyst of this entire discussion. Again, no one bothered to follow-up and let me know that thisZONING application had been officially deemed materially complete and eligible to proceed through the development review process. When did this occur?THESE QUESTIONS DO NOT REPRESENT EX PARTE COMMUNICATION in my opinion. Should I consult private counsel?Thank you.Sincerely,Matt Sent from my iPad On Feb 8, 2018, at 12:10 PM, Eric Heil <ericheillaw@gmail.com> wrote: Matt, this communication is ex-parte communication between Council members concerning a pending quasi-judicial application and thereforeneeds to be disclosed along with other public comments in the Council packet for the public hearing. The questions you raise below concerningthe application review process will be answered in the staff report accompanying the application. Thank you, Eric Eric J. Heil, Esq. A.I.C.P.Dir 970.468.0635Cel 303.518.4678ericheillaw@gmail.com This communication may contain confidential attorney-client privileged information. Unauthorized receipt or use of this communication is not permitted. If you have received this message in error, please delete the message and any attachments and contact Heil Law & Planning, LLC immediately. On Feb 8, 2018, at 10:29 AM, Matt Gennett <mgennett@avon.org> wrote: Jennie, Yes, it's really for Virginia (Matt reports to Virginia) but given the context of all the previous emails on this since 1/9 and my expressed concernsabout the required public process for this project and a blatant lack of transparency (we were told the application had not been found completeand was therefore 'confidential' as of 1/8/18, that's 28 calendar days ago) the questions are for everyone's attention. How could such a humungous Zoning application with so many large-scale impacts on the Town have been thoroughly analyzed and vetted insuch an incredibly short period of time by staff, referral agencies, and the public (there were just 18 working days from 1/8 through 2/2)? For aproject of this scope and scale, just sorting through the Fiscal Impact Analysis should take at least that long. A maximum of 350,000 square feetand 95 feet tall?!?! Walmart is 180,000 square feet, by way of comparison. I realize that Virginia does not think very highly of our collective intellect, but personally, I consider this is a severe insult to my intelligence (soshould the rest of Council) and I am DONE with being lied to on a regular basis. The appearance of impropriety looms large here and it certainlystinks of a shady back-room deal that was railroaded through an abbreviated "fast track" opaque process. Thanks, Matt Sent from my iPad On Feb 8, 2018, at 9:30 AM, Jennie Fancher <jfancher@avon.org> wrote: Matt, I am guessing you meant these questions for Matt P and Virginia. I do not have the answers but am hoping Matt and Virginia do. Sincerely, ATTACHMENT A: E-MAIL MESSAGES Sincerely, Jennie Fancher970-390-3089jfancher@avon.org On Feb 8, 2018, at 8:48 AM, Matt Gennett <mgennett@avon.org> wrote: Wow. That was fast! As of January 8, the Zoning Application had yet to be deemed complete and was still "CONFIDENTIAL", and less thanone month later it has already sailed through Planning Commission with a recommendation of approval. Did this go out for referral agency review and how long were they given to respond with comments? What did CPW say? They certainly had plenty of concerns when Madison Partners applied for a smaller development on the Folson Property. What did USFS and ECO Transit say? What did Eagle County say? How about the School District? Anybody? Speaking of the Madison Partners PUD, that application took over a year to get through Planning Commission. Just by way of comparison... Sent from my iPad On Jan 12, 2018, at 9:46 AM, Matt Gennett <mgennett@avon.org> wrote: Okay, but please hear me out. By way of example and comparison, in my day job in a different jurisdiction, I give regular staff updates to Planning Commission andCouncil. In these updates I include a verbal report on current and new projects. All new submittals are included in these reports, includingthose recently received and in the 10-day completeness review process. We also inform everyone that the submitted materials areavailable for review in our offices with the caveat that an application may not have been deemed complete yet and may not be going to public hearing as submitted.What this provides and embodies is complete transparency and offers the public full disclosure of every single Development ReviewApplication received in our office to date. We are particularly careful to make certain that new zoning applications are highlightedimmediately upon receipt to expedite public notice.Regardless of whether an application is ever deemed complete, we keep a record of it having been submitted and a copy of the submitted materials on record for accountability purposes.In my professional capacity as Planning Manager, I do not tolerate any attempts to keep submitted applications "confidential" because theyare not. Prior to submittal? Sure. After Submittal? Never.Thanks,Matt Sent from my iPad On Jan 11, 2018, at 9:15 PM, Jennie Fancher <jfancher@avon.org> wrote: Ok. I read it differently - that it is incomplete. In my eyes that makes it unprepared for the process. I think maybe we should reviewconfidentiality at our retreat. Jennie FancherSent from my iPhone On Jan 11, 2018, at 2:26 PM, Matt Gennett <mgennett@avon.org> wrote: Jennie,I know of no complaints other than mine. The words "a zoning application has been received" are all you need to read!A zoning application is a public document that requires a PUBLIC PROCESS, from start to finish, and once such an "application hasbeen received", it is in the public domain and on the public record. It is public information and I will not pretend it doesn't exist, or thatit is "Confidential", as I am being told to do. What this demonstrates is a willful lack of transparency, honesty, and accountability. It ishighly unethical and simply unlawful to withhold pubic information, which is what we are being told to do if asked about it by a member of the public. Please keep in mind, I do this for a living and deal with this exact scenario regularly. Words and terms such as"Confidential", "Freedom of Information Act", and "Open Records Request" have actual meaning and can have grave legalconsequences for a municipality.The principles being violated here should not be mine alone but everyone's, including those of the public, mainly their trust in ourgovernment. Frankly, I cannot believe that I need to explain these fundamental differences between right and wrong. We're giving a protection to one individual or developer that is not available to everyone else (because it is illegal), which alsoconstitutes a grant of special privilege. Thank you, and I hope you're having a good day as well.Matt Sent from my iPad ATTACHMENT A: E-MAIL MESSAGES On Jan 11, 2018, at 10:25 AM, Jennie Fancher <jfancher@avon.org> wrote: Matt, I have no idea why you have read so much into this simple paragraph in the Council Update: "A zoning application has been received for 25 condominiums, 185 hotel rooms and a small restaurant. The developer is Colorado World Resorts, LLC. The application is not complete, so the project remains confidential. As I shared with youpreviously, the developer would like to break ground this year." Your principals are disrupted but why? I read this to mean that the project will become public when the application is complete. Isee no mention of fees. If you have been getting complaints from people wanting to know more about this project why are you notdirecting them to Matt Pielsticker? Mat, I am not trying to be confrontational but would really like to understand what is upsetting you so much about this simple paragraph. I hope you are having a good day. Jennie Fancher jfancher@avon.org On Jan 11, 2018, at 9:26 AM, Matt Gennett <mgennett@avon.org> wrote: Eric,Please don't bother spending much time on this because my point more about principals.Just because someone would like to keep an application a secret doesn't make it confidential. If I or anyone else walked into Town Hall right now and asked Com Dev what applications are currently under review in the development review process, at allstages of the process including completeness, is staff going to be honest?My point about fees is that once they're paid, a public record exists of the application having been submitted - time, date,everything. It is now a matter of public record. Instructing staff or Council that a public document is to be considered confidential is clear direction to hide something from the public that is absolutely a matter of public record. I am not okay with this...Thanks,Matt Sent from my iPad On Jan 10, 2018, at 7:45 AM, Eric Heil <ericheillaw@gmail.com> wrote: Matt, thanks for bringing to our attention to the confidential or public status of a development application. The general rule isthat any record or document the Town has is a public document and then there are a series of exemptions which are not always clear. I don't recall that there is any specific guidance by either statute or case law on development applications, but I'lltake a closer look and provide guidance on development applications as well as correspondence with applicants. Beyond theimmediate question you raised, we often do have initial communications, correspondence and development plan materialsthat applicants and the Town desire, and expect, to keep confidential. I'll try to get back as soon as possible with a specificanswer on the question of whether a submitted development application is a public record during the initial completeness review period. There are a few other matters I have to work on today and tomorrow, so it will probably be on Friday. I'd alsolike to give Com Dev comprehensive guidance on public records and development applications as long as I'm reviewing theColorado Open Records Act. Thanks, Eric On Tue, Jan 9, 2018 at 9:00 PM, Matt Gennett <mgennett@avon.org> wrote:Sure, no problem. The fee payment is inferred.If the submitted application is undergoing the 10-day completeness review by staff, the codified development review fee must have been paid.If the standard fee has not been paid, then staff should not be reviewing the submittal at all. Sent from my iPad On Jan 9, 2018, at 8:50 PM, Jennie Fancher <jfancher@avon.org> wrote: Thanks for the explanation. I am just not sure where you saw that fees were collected because I did not see that in theupdate. Jennie Fancher ATTACHMENT A: E-MAIL MESSAGES Jennie Fancher jfancher@avon.org On Jan 9, 2018, at 7:34 PM, Matt Gennett <mgennett@avon.org> wrote: Jennie, If the fee has been accepted and the application is being processed, it is public and there is a record of it's existence. If the fee has been accepted, so has the submittal and it is currently under review by staff at whatever stage of review (completeness, substantive analysis, etc...). If anyone wants information about the property or any development proposals submitted for it, and they file a public records request, the application must be disclosed. So, it cannot be confidential because it has already been accepted, incomplete or otherwise. It is all a matter of public record. Therefore, if someone asks whether an application has been submitted for this property, the answer has to be yes. Thanks, Matt Sent from my iPad On Jan 9, 2018, at 11:14 AM, Jennie Fancher <jfancher@avon.org> wrote: Matt, The way I read the council update was that an application was received but was in complete. I’m not sure why fees are an issue right now and what that means to you if the application is incomplete. Would you mind explaining? Jennie Fancher Sent from my iPhone On Jan 9, 2018, at 9:59 AM, Matt Gennett <mgennett@avon.org> wrote: Hi Virginia, I am somewhat confused about the status of the latest Folsom property application. The update to Council states that an application has been "received", which implies that the appropriate fee has been paid, certain materials accepted, and the new file is under review in the Community Development Department. Unless the application has been rejected and all associated materials, fee included, returned to the applicant because the submittal is incomplete, it is an active application and available to the public for viewing at Town Hall. Any development application for a high profile (pun intended) property such as this requires transparency on all levels, including the submittal stage of the proposal. If a member of the public asks Com Dev staff whether any development application for the subject property has been received by the Town, what is the answer? The answer is yes, and the predictable follow-up questions regarding the details will ensue. Thanks for listening, Matt Sent from my iPad On Jan 8, 2018, at 7:54 AM, Virginia Egger <vegger@avon.org> wrote: <image001.jpg> Good morning, ATTACHMENT A: E-MAIL MESSAGES Good morning, The updates are attached. See you tomorrow evening. Best regards, Virginia ________________________________________ Virginia C. Egger, Town Manager 970.748.4452 (D) | 970.331.1439 (C) | 970.748.4000 (O) www.avon.org <image002.jpg> <Town Council Update January 8 2018.pdf> <CONFIDENTIAL ITEMS - Town Council Update January 8 2018.pdf> -- Eric J. Heil, Esq., A.I.C.P.Heil Law & Planning, LLC 1022 Summit DriveDillon, CO 80435 O 970.468.0635M 303.518.4678 This communication may contain confidential attorney-client privileged information. Unauthorized reciept or use of this communication is not permitted. Ifyou have received this message in error, please delete the message and contact Heil Law & Planning LLC immediately. ATTACHMENT A: E-MAIL MESSAGES Colorado World Resorts - Preliminary PUD TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Meeting Date: February 13, 2018 Meeting Agenda Topic: PUBLIC HEARING FOR PRELIMINARY PUD APPLICATION, COLORADO WORLD RESORTS, ON THE FOLSON PROPERTY ACTION BEFORE COUNCIL Vote on record of decision concerning a Preliminary PUD Application for Colorado World Resorts Hotel and Condominium Project PROPOSED MOTIONS “I move to approve the Findings of Fact and Record of Decision, thereby approving the Preliminary PUD Application for Colorado World Resorts.” SUMMARY The preliminary (PUD) overlay request from Colorado World Resorts is being reviewed concurrently with a rezoning application for new underlying zoning of the property. Both applications were evaluated and acted upon separately by the Planning and Zoning Commission (PZC) on February 6, 2018. Final action of the Preliminary PUD is by motion and vote and approval of a Findings of Fact and Record of Decision. Conditional approval of the Preliminary PUD, as recommended by PZC and staff, would not provide vested development rights; rather, it would provide the ability to submit a Final PUD application request. All details and application materials for the Preliminary PUD request are bundled together with agenda Item 5.1 – Rezoning from PUD to MC and OLD zone districts. Attached to this report is a draft Findings of Fact and Record of Decision document for Council consideration. It was drafted to incorporate and expand upon the motion and vote approved by PZC. Staff has outlined the applicable conditions to be addressed with a Final PUD submittal, including details for a Development Agreement. AVAILABLE ACTIONS • Continue Public Hearing for a maximum of sixty-five (65) days without consent of applicant, or ninety-five (95) days with consent of the applicant. • Approve Findings and Fact and Record of Decision, as drafted. • Approve Findings of Fact and Record of Decision, with amendments. • Deny the Preliminary PUD application. ATTACHMENT Findings of Fact and Record of Decision Colorado World Resorts Preliminary PUD Findings of Fact and Record of Decision: #PUD18001 Page 1 of 3 AVON TOWN COUNCIL FINDINGS OF FACT AND RECORD OF DECISION PRELIMINARY PLANNED UNIT DEVELOPMENT APPLICATION FOR COLORADO WORLD RESORTS HOTEL & CONDOMINIUM PROJECT DATE OF DECISION: February 13, 2018 APPLICATION TYPE: Preliminary PUD FILE NUMBER: #PUD18001 PROPERTY LOCATION: Folson Property | Highway 6 & 24 APPLICANT: Colorado World Resorts, LLC (represented by TAB Associates, Inc) PROPERTY OWNER: Colorado World Resorts, LLC These findings of fact and record of decision for the Colorado World Resorts LLC application (“Application”) is made in accordance with the Avon Development Code (“Development Code”) §7.16.020(f): PRELIMINARY PUD: The Avon Town Council hereby approves the Preliminary PUD Application for the Folson Property (“Property”), with the following Findings and Conditions: FINDINGS: 1.The Planning and Zoning Commission held a public hearing on February 6, 2018, after posting notice of such public hearing in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, and recommended approval of the Application citing conformance with the review criteria. 2.The Avon Town Council held a public hearing on February 13, 2018, and after posting notice as required by law, considered all comments, testimony, evidence and PZC staff report prior to taking action on the Application. 3.The Application is eligible for Preliminary PUD approval based on the eligibility requirements in Section 7.16.060 (b), Eligibility Criteria, as is more particularly described in the staff report, the recommendation of the Avon Planning and Zoning Commission, and the Application. 4.The Application meets the PUD Amendment Review Criteria in Section §7.16.060(e)(4), as is more particularly described in the staff report, the recommendation of the Avon Planning and Zoning Commission, and the Application. 5.The Application materials include detailed architectural drawings and specifications with respect to building size, location, setbacks, extent of building height increases, future potential to expand parking and operation plans to provide and utilize shuttle services for guests and employees; therefore, the Application provides sufficient information to determine that the Application complies with the review criteria. 6.The Application is substantially compliant with the purpose statements of the Development Code by providing for the orderly, efficient use of the Property, while at the same time conserving the ATTACHMENT Colorado World Resorts Preliminary PUD Findings of Fact and Record of Decision: #PUD18001 Page 2 of 3 value of the investments of owners of property in Town. 7. The Application demonstrates compliance with the goals and policies of the Avon Comprehensive Plan as is more particularly described in the staff report, the recommendation of the Avon Planning and Zoning Commission and the Application. 8. Compared to proposed underlying Mixed-Commercial (MC) zoning, the PUD overlay exceptions to development standards in the Development Code would not result in significant adverse impacts upon other properties. 9. Future residents and the Town will realize a recognizable and material benefit as a whole through the establishment of this PUD, such benefits include but are not limited to: increased quality hotel accommodations development in the Town of Avon, increase to economic activity in the Town of Avon, location of the development on the lower portion of the Property to minimize site disturbance, preservation of steep hillside open space and construction of a public trail, and provision of deed restricted worker housing units, which benefits would not be feasible and would be unlikely without the PUD approval and the exceptions to the development standards for Mixed- Commercial (MC) zoning, including more specifically, the increase in building height for a portion of the development on the Property and a reduction in required parking. CONDITIONS: Approval of the Preliminary PUD Application is subject to performance, satisfaction and completion of the following conditions: 1. Preliminary PUD approval is contingent upon approval of the underlying rezoning application (File #REZ18001). 2. A complete Final PUD application must be submitted within six (6) months of Town Council final action on the Preliminary PUD. 3. The Application shall include the following submittal requirements: a. Landscape Plan prepared by a Licensed Landscape Architect. Irrigation and water budgeting based on best management practices and environmentally responsible/reasonable use shall be incorporated into the PUD guide at the requirement of the Upper Eagle Regional Water Authority (UERWA). b. Preliminary Subdivision, as specified by Section 7.16.060(e), Procedures. c. Comprehensive Plan Amendment will be submitted for Mixed-Use designation on Future Land Use Map. d. Water Rights obtained by UERWA. 4. The complete Final PUD application shall include a proposed Development Agreement that addresses the following minimum requirements: a. Worker Housing Units b. School Site Dedication c. Park Land Dedication d. Trail Construction, Pedestrian Gathering, and Restrictive Use of Open Space Colorado World Resorts Preliminary PUD Findings of Fact and Record of Decision: #PUD18001 Page 3 of 3 e. Landscaping Guarantees f. ECO Bus Shelter Replacement g. Other matters concerning required infrastructure improvements. 5. The PUD Guide shall be amended for Building Height in order to include Zone 5, with assurance that the building design as presented in the Application and the “L” shaped portion of the structure is regulated in a similar manner to the Highway 6 side of the building. APPROVED on February 13, 2018, AVON TOWN COUNCIL By:_____________________________________ Attest:___________________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Virginia Egger, Town Manager Meeting Date: February 13, 2018 Topic: VAIL CENTRE PRESENTATION: CREATING COMPELLING COMMUNITY IDENTITY ACTION BEFORE COUNCIL This is a presentation by the Vail Centre. No action is required. SUMMARY Please welcome the Vail Centre’s Executive Director Ross Iverson, who will be presenting a vision for a potential learning, education and cultural center, in Avon. Ross will be joined by the following team of presenters: Terry Minger – Gregory Canyon, LLC Meredith Miller – 20th St. Strategy, LLC Stephanie Copeland – Executive Director - Office of Economic Development & International Trade Materials, which provide the Presentation Agenda and introduction to the topic are included as Attachments 1 and 2. ATTACHMENTS ATTACHMENT 1 - Vail Centre Presentation Agenda ATTACHMENT 2 – Creating Compelling Community Identity PowerPoint Town of Avon Vail Centre/Town Center Presentation Tuesday, February 13, 2018 Executive Summary: A team of community building experts will present their vision of a future community identity for Avon. The presentation will address the potential that Avon has to link existing assets with new assets that can create a compelling future pathway for the Town. This presentation is an initial presentation to the public and council regarding the potential to engage with this planning team and others to explore the identity of the Town. The outcome of this presentation is to begin a conversation to evaluate if this vision not only aligns, but may play a role in Avon’s future. Presenters: Terry Minger – Gregory Canyon, LLC Meredith Miller – 20th St. Strategy, LLC Stephanie Copeland – Executive Director - Office of Economic Development & International Trade Ross Iverson – Executive Director - Vail Centre Agenda: 1.Vail Centre Overview What is the Vail Centre? What are its current/future needs? What can It offer the Vail Valley? What opportunities exist for a Vail Centre/ Town of Avon collaboration? 2.Innovative Town Center Models What types of models can we look to? (Architectural, Economic, Collaborative, etc.) Which models best inform Avon’s future? Which elements are most exciting and/or applicable to Avon’s situation? 3.Town of Avon (Discussion) What is the Current Avon DNA? Future (Preferred) DNA? Is there a fit between the examples above and Avon’s vision and potential? 4.What Next? (Next Meeting or Additional Discussion) How can you get from here to there? ATTACHMENT 1 Creating Compelling Community Identity Prepared for Avon Town Council February 13, 2018 ATTACHMENT 2 Introduction Terry Minger – Gregory Canyon, LLC Meredith Miller – 20th Street Strategy, LLC Stephanie Copeland - Executive Director Office of Economic Development & International Trade Ross Iverson – Executive Director Vail Centre Mission & Vision Mission The Vail Centre helps communities and organizations develop talent for the future. The Vail Centre is a 501c3 non-profit learning organization Vision In five years, the Vail Centre will be the most robust community learning platform in Colorado. Through a collaborative approach working with individuals and organizations, the Centre’s high quality and relevant programs will be making a measurable difference in communities. Through an innovative campus model, the Centre will be the connecting hub for career growth and organizational learning. Learning  &  Educa.on   Con.nuum  E.C.  Schools  CMC  VVF  Symposium  Vail  Centre   Pre  K-­‐12  (6-­‐18)  X  X  X   Undergraduate  (18-­‐24)  X   Post  Graduate  (25-­‐55)  X   Mid  Career     Professionals  (25-­‐55)  X   Post  Career  (re.rees)  X  X   Filling a Crucial gap on the Western Slope Program Overview Individuals   • Career   Advancement   • Wage  Growth   • Cri.cal  thinking   Organiza.ons   • AUrac.on  +   Reten.on   • Improved   culture   • Expansion   Communi.es   • Economic   growth   • Collabora.on   • Public  service   effec.veness   Partners Fuel a World Class Platform Vail Centre - Community Build Out (10 Years) Program  Planning  Phase   Program  Launch  Program  Growth  Facility  Planning  Open  Facility   Deliver  Economic  Impact   2016  2018-­‐2019  2020-­‐2025   2020  2017-­‐2019  2015   Progress! Vail Centre vs. Aspen Institute Avg.  Course  Fees  %  of  Programs  for  Locals   Annual  Learning  Program  Days  in   Colorado   Accredited  Courses  Year  Founded   $9,500  47   1949   90%   2015   5%   $3,500  8  48   0   Meeting Focus : Elements of a Project Iden%ty   Process/Sequence   Funding  Mechanisms   Partnerships  Structure   Leadership   Community  Engagement   TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Deputy Town Manager Meeting Date: February 13, 2018 Topic: DIRECTION TO TOWN STAFF REGARDING PREPARING A RESOLUTION FOR REBATING CERTAIN FEES FOR WALKING MOUNTAINS SCIENCE CENTER ACTION BEFORE COUNCIL Council is asked to review a request from the Walking Mountains Science Center for the rebate of certain fees and taxes estimated at $78,000.00. Pending Council review, if the majority wishes to provide rebates at any level, staff will prepare a resolution for the rebate(s) for action at the February 27, 208, Council meeting. SUMMARY The Town has received a letter, included as an Attachment, from Markian Feduschak, President of Walking Mountains Science Center, asking the Town to rebate the anticipated tax on construction materials and building permit fees associated with the construction of their new Center for Sustainability. The letter indicates that the estimated amount of tax on construction materials for this project will be around $40,000.00, while the estimated amount of building permit fees will be around $38,000.00. The total amount requested for rebate, while estimated, is $78,000.00. Rebates, if any, would be funded from the 2018 General Fund Contingency line item. The line item balance is $165,628.00. ATTACHMENT ATTACHMENT – Letter from Walking Mountains Science Center February 6, 2018 To: Avon Town Council Members RE: Construction Materials Tax and Building Permit Fees Refund Request From: Markian Feduschak, President Walking Mountains continues to make positive progress towards our expansion plans as we have previously shared with town council members. With the recent approval of the minor amendment to the Buck Creek PUD we are working towards a spring 2018 ground breaking on our new Center for Sustainability, pending fundraising progress relative to construction costs. The new Center for Sustainability will allow Walking Mountains to better serve our community with expanded educational and meeting space and provide much need office and work space for our growing staff. As we finalize the design of the Center for Sustainability we have received updated pricing that is significantly higher than the anticipated budget, most recently in excess of $300K. The total building costs, including an additional parking lot, will be approximately $4M and all these funds will be raised from private sources. We have done all we can to reduce these higher costs through value engineering and reasonable design changes and we continue to work hard to raise additional funds. None the less, due to increase costs we are at risk of delaying construction, which could further increase costs. For this reason, and as a 501(c)3 tax exempt educational organization, we are requesting from the town of Avon a refund on the anticipated construction materials tax and the building permit fees. These fees are estimated to be approximately $40,000 and $38,000 respectively and a refund of this total amount would make a real difference in our ability to break ground this spring. The town of Avon continues to be an important partner and generous supporter of Walking Mountains. Support such as the 96 acres conservation easement and the refund of the Real Estate Transfer Tax make a real difference in our ability to provide our mission to the residents of Avon and the community at large. As an important community asset, we do hope you will agree that the benefit the town of Avon receives from Walking Mountains out weights the amount of the refund we are requesting. We are most grateful for all the support the town of Avon provides to Walking Mountains. I look forward to providing you with more information in person regarding our expansion plans and thank you again for your consideration of this request. Best regards, ATTACHMENT 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Virginia Egger, Town Manager on behalf of Mayor Pro Tem Sarah Smith Hymes Meeting Date: February 13, 2018 Topic: ACTION ON EAGLE COUNTY CLIMATE ACTION COLLABORATIVE MEMBERSHIP FEE REQUEST ACTION BEFORE COUNCIL Mayor Pro Tem Sarah Smith Hymes is bringing to Council, as Town Council representative to the Climate Action Collaborative (CAC), funding requests to support the CAC’s: 1) Hiring of a Project Manager; and, 2) Delivering an education campaign to the community to reduce emissions. She is also recommending that a research paper be prepared regarding steps and options to achieve Avon’s 100% renewable power goal. Action to approve, in whole or in part, with or without conditions, or to deny the funding requests is by motion and vote. PROPOSED MOTION The following motion is drafted to reflect the recommendation of Mayor Pro Tem Sarah Smith Hymes: I move to appropriate funding in the amount $14,034.00, for the CAC to: 1) Hire a Project Manager; 2) Deliver an education campaign to the business and residential community to reduce emissions; and, 3) Provide to Avon a research paper on steps and options for Avon to reach the Town Council adopted goal of “becoming a municipality which runs 100% on Renewable Power by 2030”. In addition, I move to appropriate an additional $6,000.00, as a Leadership Funding Challenge, as an approach to raise matching funds from other communities. Monies raised would be exclusively used for increasing the compensation package for the Project Manager. All monies appropriated will be from the 2018 General Fund Contingency line item; and, will be released when an entity has been identified, which meets financial budgeting and reporting accountability. SUMMARY The Climate Action Collaborative (CAC) was formed in 2017 to bring together Eagle County, and its jurisdictions, to address the strategies in the Climate Action Plan for the Eagle County Community, adopted in December 2016. From the work of the CAC, two priorities have evolved, which require funding: 1) Hiring of a Project Manager; and, 2) Delivering an education campaign to the community to reduce emissions. • Attachment 1 details the funding request and formula for the Town of Avon funding share. • Attachment 2 lists the activities CAC intends to support. • Project Manager - In review of the CAC budget for the Project Manager, totaling $85,000.00, Mayor Pro Tem Sarah Smith Hymes questioned whether a $60,000.00 salary would be 2 sufficient to attract qualified applicants to meet the important work of the CAC. The CAC representatives indicated that a higher salary would most likely be required. As a result, Mayor Pro Tem Hymes is recommending the salary be raised, if funding can be raised. She is recommending Avon lead the salary increase through a Leadership Funding Challenge, with Avon committing $6,000.00, if an additional $6,000.00 is matched by one or more jurisdictions. • Community Education - The Town Council, in its adopted Town of Avon priorities (March 28, 2017) for implementation of the County Action Plan, identified that the CAC, rather than the Town, should develop and deliver an education campaign, which may require additional funding. The CAC is requesting $85,000.00 for this work, in addition to other strategies listed in Attachment 2. It should be noted that Eagle County, with its approval of $56,000.00 to the CAC, also has approved: • $20,000 for the Climate Change Community Survey, which was released this week; and, • $24,000 for the Actively Green certification program for businesses - this supports GHG reduction in businesses • 100% Renewable Energy Research Paper – The Town Council, in addition to the strategies identified in the Climate Action Plan, adopted a goal for Avon to become a municipality which runs 100% on Renewable Power by 2030. In discussions with CAC representatives, Mayor Pro Tem Hymes, asked that the addition of the CAC providing research for this goal be added to the CAC activities during the funding period. Funding - Funding, if appropriated, would be from the 2018 General Fund Contingency line item. The current balance is $165,628.00. ATTACHMENTS ATTACHMENT 1 - Climate Action Collaborative, Funding Request to Avon Town Council. ATTACHMENT 2 – Climate Action Plan – Sector Working Groups ATTACHMENT 1 ATTACHMENT 2 1 Climate Action Plan – Sector Working Groups, December 2017 Sector: Commercial Buildings & Industrial Focus on energy efficiency Provide incentives Adopt “above building code” standards Promote and incentivize efficient use of water Co-chair: Nikki Maline (Energy Smart CO/Walking Mountains) Co-chair: Mary Weiner (Holy Cross Energy) Aaron Sifuentes (Eagle County School District) Sarah Gruen (Basalt Green Team) Roberto Morales (Vail Valley Medical Center) Derek Schmidt (East West Destination Hospitality) Brian Tracy (Eagle River Water and Sanitation District) Sector: Residential Buildings Focus on energy efficiency Expand Energy Smart Colorado program and incentives Adopt “above building code” standards Promote and incentivize efficient use of water Co-chair: John-Ryan Lockman (Energy Smart CO/Walking Mountains) Co-chair: Barry Monroe (RA Nelson) John Gitchell (Eagle County) Glenn Phelps (Eagle River Water and Sanitation District) John Widerman (Town of Minturn) Sector: Transportation & Mobility Include local commuter train or bus rapid transit Expand use of electric vehicles Encourage multi-modal transportation systems Strive for efficient land use patterns with housing in proximity to workplaces Co-Chair: Chris Lubbers (Eagle County) Co-Chair: Fritz Bratschie/Brian Rodine (Vail Resorts) Jared Barnes (Eagle County) Kristen Bertuglia/Mark Hoblitzell (Town of Vail) Anne McKibben (Town of Eagle) Adam Palmer (Eagle County) Sarah Smith-Hymes/Justin Hildreth (Town of Avon) Conner Van Loan (Tesla Vail) Sector: Waste & Landfill (Materials Management) Set a waste diversion goal that is above the national average Develop a plan to increase waste diversion through recycling and composting Install waste-to-energy methane capture system at landfill Provide residential and commercial composting services ATTACHMENT 2 2 Co-chair: Melissa Kirr (Walking Mountains) Co-chair: Jesse Masten (Eagle County) Shawn Bruckman (Ground Up Composting) Kate McDonald (RA Nelson) Matt Donovan (Vail Honeywagon) (And all other members of the EC Materials Management Steering Committee) Sector: Education & Outreach Establish climate education team Create county-wide marketing campaign Enhance Eco-Schools for K-12 schools Expand Actively Green business trainings and certifications Leverage special event platforms to change behaviors Co-chair: Tom Boyd (Vail Valley Foundation) Co-chair: Kim Langmaid (Walking Mountains) Co-chair: Mikayla Curtis (Eagle River Youth Coalition/WECMRD) Emma Sloan (Intern at Walking Mountains) Gina Van Hekken (Walking Mountains) Lana Gallegos (Town of Gypsum) Preston Neill (Town of Avon) Buck Elliott (Vail Symposium), Dale Mosier (Alternate, Vail Symposium) Scott Robinson (WECMRD) Ray Merry (Eagle County) Mercedes Quesada-Embid (Colorado Mtn College, BASS) Suzanne Silverthorne (Town of Vail) John Gitchell (Eagle County) Sector: Energy Supply Expand local exterior energy offset programs (Eco-Build example) Identify locations for local solar arrays Encourage energy utilities to set aggressive GHG emission reduction goals Ad Hoc Group: CAP Structure John Gitchell Adam Palmer Kim Langmaid John-Ryan Lockman Kristen Bertuglia Fritz Bratschie Sarah Smith-Hymes Sarah Gruen Anne McKibben Tom Boni John Widerman TOWN COUNCIL REPORT   To:Mayor and Town Council  From:  David McWilliams, Town Planner  Matt Pielsticker, Planning Director  Meeting Date: February 13, 2018  Agenda Topic:  First Reading of Ordinance 18‐02, Approving changes to the Outdoor Lighting Standards  ACTION BEFORE COUNCIL  Before Council is action on First Reading of Ordinance 18‐02, approving changes to the Outdoor Lighting  Standards.   RECOMMENDED MOTION  “I move to approve first reading of Ordinance 18‐02, thereby approving changes to the Outdoor Lighting  Ordinance.”  SUMMARY  Staff was directed by Town Council to conduct an application process to modify the Avon Municipal  Code (AMC) to extend the duration of the holiday lights “season” currently codified.    Holiday lights, defined as “Temporary festive lighting intended to celebrate the winter season and the  Thanksgiving, Christmas and New Year's holidays”, are exempted from the Outdoor Lighting Standards,  however, they are required to be removed by March 1st.  Staff is therefore proposing the following Text  Amendment to AMC Section 15.30.040(3)(a), with the changes highlighted in red:   (3) All lighting (including, but not limited to street, parking lot, security, walkway and building)  shall conform with the definition for full cut‐off fixtures with the light source downcast and fully  shielded, with the following exceptions:  a.Holiday lighting from November 15th to March 1st April 1st. AVAILABLE ACTIONS  1.Continue the First Reading of Ordinance 18‐02, pending additional information. 2.Approve First Reading of Ordinance 18‐02, and set the Public Hearing and Second Reading of Ordinance 18‐02 for February 27, 2018. 3.Approve Findings of Fact and Record of Decision recommending that the Town Council Deny the amendments. ATTACHMENT  Ordinance 18‐02  TOWN OF AVON ORDINANCE 18-02 APPROVING CHANGES TO THE OUTDOOR LIGHTING STANDARDS RECITALS WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, pursuant to the home rule powers of the Town of Avon ("Town"), the Town Council has the power to adopt lighting regulations, and make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, the Town Council finds that the modification of the Outdoor Lighting Standards will promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Chapter 15. 30.040(3)(a) Outdoor Lighting Standards. Section 15.30.040(3)(a) of the Avon Municipal Code is amended to read as follows, with strike out indicating language to be deleted and underline indicating language to be adopted: a.Holiday lighting from November 15th to March 1st April 1st. Section 3. Codification of Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or ATTACHMENT   application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision " means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on February 13, 2018 and setting such public hearing for February 27, 2018 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on February 27, 2018. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Virginia Egger, Town Manager on behalf of Mayor Pro Tem Sarah Smithy Hymes Meeting Date: February 13, 2018 Topic: APPROVAL FOR MAYOR JENNIE FANCHER TO SIGN THE LETTER URGING CONGRESS TO NOT MOVE FORWARD WITH THE DESTRUCTIVE ONSHORE AND SECURE ACTS ACTION BEFORE COUNCIL Mayor Pro Tem Sarah Smith Hymes is recommending Town Council pass a motion in support of the attached letter regarding pending action before Congress, which would transfer control of oil and gas drilling on public lands to the states. RECOMMENDED APPROVAL MOTION I move to authorize Mayor Jennie Fancher, on behalf of the Town of Avon, to become a signature the letter drafted by Mountain Pact, to our Congressional representatives, opposing H.R. 4239, and S. 2319. ATTACHMENT Mountain Pact Letter [Town Logos] March 2, 2018 Dear Members of Senate and House of Representatives: As mountain communities that serve as world-class tourism destinations we would like to encourage you to consider the implications of H.R. 4239, the SECURE American Energy Act on management of America’s public lands. This bill, along with S. 2319 the ONSHORE Act in the Senate, would transfer control of oil and gas drilling on public lands to states. This action would circumvent critical protections for our watersheds, tourist attractions and outdoor recreation assets, along with public participation requirements that currently give our community members and business owners a voice in the use of nearby public lands. Our communities representing [number of residents] year round residents and [number of visitors] annual visitors rely on a healthy, well managed and balanced public lands system for continued economic success. Public lands are the most basic infrastructure upon which the outdoor recreation economy depends, and therefore public lands management that does not prioritize a balanced multiple-use mandate would be detrimental to the economic base and vitality of our communities. States are not bound by the Federal Land Policy and Management Act and the National Environmental Policy Act (NEPA) that require an environmental review process, public comment period, and a balanced mix of activities on public lands. Because of this, under the SECURE and ONSHORE Acts, drilling on tens of millions of acres of public lands would be exempt from NEPA reviews. Not only would this endanger the health and safety of drinking water and the environment, but it would also keep public voices like ours that will be most impacted out of the development process. Additionally, the expanded financial burden of regulating oil and gas drilling would shift to states. However some states face budget shortages and could be unable to perform the necessary regulation and inspection in spite of promises to do so. Many states are already facing challenges inspecting their existing oil and gas wells. Overall, the SECURE and ONSHORE Acts would be detrimental to public lands activities such as outdoor recreation that drives our economies and communities that rely on the shared and balanced use of our public lands. We urge you to not move forward with this bill. Thank you for your time and your consideration. Sincerely, [List of Town Names] ATTACHMENT TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 23, 2018 AVON TOWN HALL, ONE LAKE STREET Page 1 1.A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:08 p.m. A roll call was taken and Council members present were Megan Burch, Amy Phillips, Jake Wolf, Scott Prince and Sarah Smith Hymes. Matt Gennett was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police Chief Greg Daly, Recreation Director John Curutchet, Public Works Director Gary Padilla, Planning Director Matt Pielsticker, Deputy Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2.APPROVAL OF AGENDA Mayor Fancher requested the addition of an executive session for the purpose of receiving legal advice from the Town Attorney for instructing negotiators under C.R.S. §24-6-402(2)(b). Councilor Wolf asked for item 6.3.2., Resolution 18-04, to be removed from the Consent Agenda. Councilor Wolf moved to accept the changes to the agenda. Councilor Phillips seconded the motion and it passed unanimously by Council members present. Councilor Gennett was absent. 3.MEETING PROCEDURES FOR THE MEETING OF JANUARY 23, 2018 4.PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA* There were no comments made. 5.PRESENTATIONS Start time: 20:41 5.1. VAIL VALLEY SALVATION ARMY PRESENTATION (TSU WOLIN-BROWN) Tsu Wolin-Brown and Emma Von Arx with the Vail Valley Salvation Army, presented their “Bare Roots” and “Get Out and Grow Avon” projects. 5.2. COMMUNITY DEVELOPMENT DEPARTMENT PRESENTATION (PLANNING DIRECTOR MATT PIELSTICKER) Matt Pielsticker gave a brief overview of the Community Development Department. Councilor Prince asked why Council is no longer receiving notifications of Planning and Zoning approvals/actions. Matt said they used to do a meeting abstract and he will start sending it out again. 6.ACTION ITEMS Start time: 54:48 6.1. PUBLIC HEARING AND APPROVAL OF RESOLUTION 18-05, APPROVING A MINOR PUD AMENDMENT FOR LOTS 2A, 2B, 3, AND 5, BUCK CREEK PUD (TOWN PLANNER DAVID MCWILLIAMS) Mayor Fancher opened the public hearing and no comments were made. Councilor Burch moved to approve Resolution 18-05, thereby approving the Minor PUD Amendment for Lots 2A, 2B, 3 and 5 Buck Creek PUD. Councilor Wolf seconded the motion and it passed unanimously by Council members present. Councilor Gennett was absent. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 23, 2018 AVON TOWN HALL, ONE LAKE STREET Page 2 6.2. ACTION ON 40TH ANNIVERSARY CELEBRATION PROGRAM AND FUNDING (COMMUNICATIONS MANAGER LIZ WOOD) Start Time: 76:40 Councilor Burch moved to approve the program and funding for the 40th Anniversary Celebration with funding appropriated from the 2018 General Fund Contingency in the amount of $15,372.00. Councilor Phillips seconded the motion and it passed unanimously by Council members present. Councilor Gennett was absent. 6.3. CONSENT AGENDA Start time: 95:42 Council moved to item 6.3.2. 6.3.2. APPROVAL OF RESOLUTION 18-04, APPROVING EASEMENTS FOR THE BEAVER CREEK BOULEVARD STREETSCAPE PROJECT (TOWN ENGINEER JUSTIN HILDRETH) Councilor Burch moved to approve Resolution 18-04, Approving Easements for the Beaver Creek Boulevard Streetscape Project. Councilor Phillips seconded the motion and it passed with a vote of 5 to 1. Councilor Wolf voted no. Councilor Gennett was absent. Council moved to the Consent Agenda, minus item 6.3.2. 6.3.1. APPROVAL OF RESOLUTION 18-06, APPROVING WAIVER AND RELEASE OF CONSERVATION EASEMENT FOR LOT 90, MOUNTAIN STAR (TOWN ATTORNEY ERIC HEIL) 6.3.3. APPROVAL OF MINUTES FROM JANUARY 9, 2018 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE) Councilor Burch moved to approve the remaining items on the Consent Agenda. Councilor Wolf seconded the motion and it passed unanimously by Council members present. Councilor Gennett was absent. 7. WRITTEN REPORT 7.3. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT MARTHA ANDERSON) 8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start time: 97:33 Councilor Burch asked what the options are for ice removal on the Main Street Mall during the winter months. Several options to remedy the issue were briefly discussed. Council asked staff to evaluate the possibility of adding a snowmelt system on the Main Street Mall, possibly in conjunction with the new hotel development project. Mayor Fancher suggested pushing the February 6th Retreat time to 1:00 p.m. Staff was asked to send out another Doodle Poll with potential meeting dates through mid-March. Mayor Fancher also described some of the topics discussed at the last Mayor/Manager Meeting. Mayor Fancher congratulated Tess Johnson for being named to the Olympic team. She thanked John Minervini for his years of service on the Town’s Planning and Zoning Commission. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 23, 2018 AVON TOWN HALL, ONE LAKE STREET Page 3 Mayor Pro Tem Smith Hymes talked about the success of the post-holiday Recycling Event on January 13th. Mayor Fancher made a motion to pause the regular meeting and convene in executive session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. §24-6-402(2)(e) and for the purpose of receiving legal advice from the Town Attorney under C. R.S. §24-6-402(2)(b) related to the potential rental of Town property. The time was 7:29 p.m. Regular Meeting reconvened at 7:29 p.m. 9. ADJOURNMENT There being no further business to come before the Council, Mayor Fancher moved to adjourn the regular meeting. The time was 7:42 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk’s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ___________________________________ Sarah Smith Hymes ___________________________________ Jake Wolf ________________________________ Megan Burch ________________________________ Matt Gennett ________________________________ Scott Prince ________________________________ Amy Phillips ________________________________ PROCLAMATION Town of Avon, Colorado TOWN OF AVON 40TH ANNIVERSARY WHEREAS, Avon was incorporated on February 24, 1978, and marks the 40th anniversary of its incorporation in 2018 with a year of celebration and special events; and WHEREAS, the Town of Avon honors the hard work of its early citizens and volunteers who loved their thriving community and organized the successful campaign which resulted in incorporation in 1978; and WHEREAS, Avon anticipates a future town that continues to appreciate the beauty of its natural environment, the livability of the community, and its active and involved citizens; and WHEREAS, the Town of Avon dedicates 2018 as a year of community-wide celebration to honor our past, celebrate our present and embrace our future. NOW, THEREFORE, we, the Avon Town Council of the Town of Avon, Colorado, hereby proclaim 2018 as a year of celebration of the Town of Avon 40th Anniversary, and we urge all citizens to join in the festivities. Mayor Jennie Fancher On behalf of the Town of Avon, Colorado TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: John Curutchet, Director of Recreation Meeting Date: February 13, 2018 Re: RECREATION DEPARTMENT & RECREATION/PARKS WORK GROUP BACKGROUND The attached PowerPoint presentation has been prepared to provide an update on the Parks Work Group Work Plan and Recreation Department business and programs. The presentation will include information and discussion on the following topics: •Parks Work Group Work Plan •Community Swim Program •Adult and Youth Programs •Summer Beach and Park Programs •Winter Ice Program •Revenue, Expense and Visitation report •Future Projects ATTACHMENT PowerPoint Parks Work Group John Curutchet, Recreation Jamie Taylor, Recreation Gary Padilla, Public Works Greg Daly, Police Louise Duncan, Events Eva Wilson, Mobility ATTACHMENT Playground construction Playground Ribbon cutting plan Playground ribbon cutting ceremony Beach parking plan and traffic calming strategies to be decided: 1.Increase right of way surface area? 2.Lower speed limit? 3.Increase signage? 4.Increase on-street markings? 5.Install speed table(s)? Beach code enforcement, (hours, days, best practice) Dogs on beach; leash law enforcement Park open to dogs, 6:00am to 9:00am, (Trial period) Increase beach swim area; include 50m lanes for long course lap swimming and a Master swim program Park restroom program: Shelters installed over port-o-lets First and Second Quarter Work Plan Recreation Department Update 1.Community Swim Program 2.Adult and Youth programs 3.Summer Beach and Park programs 4.Winter Ice Program 5.Revenue, Expense, Visitation and Pass Sales 6.Department Projects Community Swim Program AES Learn To Swim Program 74 swimmers fall 2017, Fifth grade Spring 2018 Swim Team Participation significantly increased 10 State/Silver State qualifying swimmers (up from 4) Free/Reduced Offerings for entire program (except privates) Private/Semi-Private lesson frequency tripled Group swim lessons are consistently filling Community Swim Program 2016 Highlights Swim Team Revenues: $9,045 87 private lessons 98 semi-private lessons 165 competitive lessons 2016 revenues: $22,738 2017 Highlights Swim team revenues: $33,379 515 private lessons 291 semi-private lessons 170 competitive lessons 2017 revenues: $77,058 Adult and Youth Programs Adult revenues increased from $19,718-$20,835 Tai Chi Baby n’ Me Yoga Tea Kettle Curling Youth revenues increased from $154,319$164,279 Partnered with BMHS Athletics CCAP attendance has grown. Increased field trip offerings Summer Beach and Park Programs SUP and Pedal Boat Rentals $22,618 (up from $15,725 in 2016) Destination: Jump, Splash, Learn! Community Yoga on the Stage Winter Ice Program Social Rink Hockey and League Rink Skate Night January 10th 4:30 p.m. to 7:30 p.m. Skate rentals are about 40% higher from 2016 Revenue, Expense, Visitation and Pass Sales Year Expense Revenue Recovery 2007 $2,610,660 $1,421,814 54.46% 2008 $2,772,757 $1,336,761 48.21% 2009 $2,983,142 $1,272,902 42.67% 2010 $2,580,331 $1,215,478 47.11% 2011 $2,326,601 $1,209,189 51.97% 2012 $2,148,410 $1,123,163 52.28% 2013 $1,631,867 $1,059,637 64.93% 2014**$1,276,370 $1,035,643 81.14% 2015 $1,141,277 $1,063,323 93.17% 2016 $1,266,188 $1,255,790 99.18% 2017 $1,406,151 $1,415,048 100.63%305 358 360 391 428 441 300 320 340 360 380 400 420 440 2011 2012 2013 2014 2015 2016 2017 2018 Average Daily Visits **Recreation Department Business Plan adopted 2012 2013 2014 2015 2016 2017 Adult 2094 3494 3406 4019 4511 4802 Youth/Senior 407 628 739 894 991 866 Family 262 449 503 502 614 472 Punch Cards 1600 2425 2049 2389 2390 2574 0 1000 2000 3000 4000 5000 6000 SalesPass Sales History SOURCE: DW OPEN HOUSE JUNE 8, 2017 SOURCE: DW OPEN HOUSE JUNE 8, 2017 1 Planning & Zoning Commission Meeting Abstract Tuesday, February 6, 2018 I.Call to Order – The meeting was called to order at 5:05pm. II.Roll Call – All members were present with the exception of Commissioner Hardy. Commissioner Barnes acted as interim Chair. III.Additions & Amendments to the Agenda – There were no additions or amendments to the agenda. IV.Conflicts of Interest – No conflicts of interest were divulged. V.Preliminary PUD (Major Amendment) Village at Avon PUD – CONTINUED PUBLIC HEARING File: PUD17001 Legal Description: Lot 1, Filing 1, Village at Avon Applicant: Harvey Robertson Summary: PUD Guide amendment for changes to Planning Area F, a 13-acre property located at the intersection of Post Blvd and East Beaver Creek Boulevard, including: 1) increase density allowance from 18 dwelling unit/ acre to 25 dwelling units per acre; 2) increase maximum allowable residential development from 50% to 100; and 3) increase allowable building height from 48’ to 66’ for multi-family buildings. The applicant requested that the public hearing be continued to the February 20, 2017 PZC meeting. Public Comments: Chris Eckram spoke in general opposition to the application. Action: Commissioner Nusbaum motioned to continue the public hearing until the February 20, 2017 meeting. Commissioner Golembiewski seconded the motion and the motion carried unanimously 5-0. VI.Rezoning and Preliminary PUD – CO World Resorts - PUBLIC HEARING Files:REZ18001 & PUD18001 Legal Description:Folson Property | Highway 6 & 24 Applicant:Greg Macik with TAB Associates Summary:Proposal to rezone the parcel to the Mixed-Use Commercial and Open Space, Landscaping, and Drainage zone districts. The includes a 185 room hotel / 25 unit condominium development, with restaurant and supporting retail uses, with a height of 95 feet. The PUD Overlay would allow for reduced parking supply, increased building height, and development within 40% slopes. . Public Comments: Matt Abramowitz commented about potential additional public benefits for the PZC to consider, including path connection on Highway 6 toward the east to River Oaks. Action: Commissioner Howell motioned to approve file REZ18001 with the following findings: 1.The Application was reviewed in accordance §7.16.050, Rezonings, Avon Development Code, and is found to be in substantial compliance with the review criteria and Avon Comprehensive Plan, as outlined in the staff report; 2 2. The Application is substantially compliant with the purpose statements of the Development Code by providing for the orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in Town; and 3. MC and OLD districts are found to be compatible with adjacent residential development based upon the intent to integrate mixed-use buildings that transition from residential to commercial development found in the Town Core. Commissioner Glaner seconded the motion and it carried 5-0. Commissioner Howell motioned to approve file PUD18001 with the following Findings and Conditions: Findings: 1. The property and project are eligible for PUD approval based on the eligibility requirements in Section 7.16.060 (b), Eligibility Criteria. 2. The Application is substantially compliant with the purpose statements of the Development Code by providing for the orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in Town; 3. The Application demonstrates compliance with the goals and policies of the Avon Comprehensive Plan; 4. Compared to underlying MC zoning, the PUD overlay exceptions would not result in significant adverse impacts upon other properties; and 5. The tangible public benefits presented with the PUD application are commensurate with the increase in building height, reduction in parking, and limited development on 40% slopes. Conditions: 1. A complete Final PUD must be submitted within six (6) months of Town Council action; 2. The application will include the following submittal requirements: a. Landscape Plan prepared by a Licensed Landscape Architect. Irrigation and water budgeting based on best management practices and environmentally responsible/reasonable use shall be incorporated into the PUD guide at the requirement of the Upper Eagle Regional Water Authority (UERWA). b. Preliminary Subdivision, as specified by Section 7.16.060(e), Procedures, shall be submitted concurrently with Final PUD. c. Comprehensive Plan Amendment will be submitted for Mixed-Use designation on Future Land Use Map. d. Water Rights obtained by UERWA. e. Development Agreement. 3. The PUD Guide will be amended, Page 25 -Building Height, in order for the "L" portion of the structure to match the building height of the plans as presented. Commissioner Glaner seconded the motion and it carried 3-2, with Commissioner Barnes and Golembiewski voting in opposition. VII. Meeting Minutes • January 16, 2018 Meeting Action: Commissioner Nusbaum motioned to approve the meeting minutes. Commissioner Howell seconded the motion and it carried 5-0. 3 VIII. Staff Updates Staff updated the PZC regarding the Town Owned Properties planning effort. IX. Adjourn - The meeting was adjourned at 7:10 pm. M E M O R A N D U M TO: Board of Directors FROM: Catherine Hayes, Board Secretary DATE: February 6, 2018 RE: Summary of Authority’s January 25, 2018, Board Meeting The following is a summary of items discussed at the January 25, 2018, Authority Board Meeting: Board members present and acting included: Chair George Gregory, Vice-Chair Sarah Smith Hymes, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, and directors Pam Elsner and Mick Woodworth. Rules and Regulations Updates Tug Birk presented updates to the Rules and Regulations. He reminded directors that the document underwent a major overhaul in 2017; at that time, staff committed to annually updating the document with minor revisions for board consideration. Tug also clarified that Appendix A included rates and fees and was approved with the Authority’s budget in Nov. 2017. Water Dedications for Stillwater and 6 West PUDs Jason Cowles discussed the District’s Stillwater project as well as Eagle County’s 6 West project. Both the District and Eagle County have Eagle Park Reservoir water to dedicate for these projects, and the board was asked to approve such dedications. The dedication amounts were calculated at 100% of the anticipated project demand, per a recent policy approved by the board. Jason reminded the Board that such calculation method is intended to incentivize water efficient design and comes with enforcement mechanisms and measurement capabilities, as well as water service agreements, all of which are detailed in the PUD guides for each development. The board unanimously approved the water dedications for the Stillwater and 6 West developments of 1.68789 and 12.56024 acre-feet, respectively. Restore the Gore Presentation Pete Wadden, town of Vail Watershed Education Coordinator, presented information on the town’s Restore the Gore campaign. The campaign is part of an effort to improve the health of Gore Creek, which has been adversely impacted by urbanization, pesticide use near the creek, and an increase in impervious surfaces. Pete has reached out to landscapers, homeowners, and the community at large to increase awareness of the need to protect and improve the health of the creek. Water Demand Management Update Maureen Mulcahy, the District’s water demand management coordinator, presented an update on water demand management efforts of the Authority and District from the past few years. She also noted completion of a draft of the regional water efficiency plan for the Authority and District. Such a plan is now a statutory requirement, and a grant was received from the Colorado Water Conservation Board to assist with plan costs. Maureen outlined a schedule for plan adoption and hopes to bring the final plan to the board in July for consideration and approval. General Manager Report Diane Johnson, who was acting GM in Linn Brooks’ absence, noted Eric Kuhn’s official retirement as General Manager of the Colorado River Water Conservation District. Staff and counsel met with the new River District GM, Andy Mueller, to provide background on the Authority and District and their relationship with the River District. Ms. Johnson noted meeting with Andy will continue to ensure an ongoing strong relationship with the River District as items of mutual concern continue to be addressed. Summary of Authority’s January 25, 2018, Board Meeting Page 2 of 2 Colorado Basin Roundtable Update Diane Johnson discussed the history of the basin roundtables, which were established by state legislation following the 2002 drought. House Bill 1177 created the nine roundtables in 2005, and the roundtables began meeting in 2006. The Authority and District have had a roundtable presence at the monthly meetings since inception. Diane also discussed funding that the roundtables can provide for various water-related projects, as well as recommend such projects for statewide funding. Statewide funding has decreased in recent years due to declining severance taxes as well as a settlement with BP, by which the state must repay BP a large sum of money. Waters of the US (WOTUS) Update Diane Johnson updated the board on recent developments regarding the WOTUS legislation. The Obama administration introduced a WOTUS update in 2015 to replace 2006 legislation. The 2015 legislation resulted in lawsuits filed against the Environmental Protection Agency (EPA) by 23 states, including Colorado. The Supreme Court recently ruled that any challenge should be heard by federal district court, not the appellate courts. Continental Divide Recreation, Wilderness, and Camp Hale Legacy Act Diane Johnson said Sen. Bennet and Rep. Polis introduced wilderness legislation the previous day. She and Linn Brooks received assurance from Sen. Bennet’s aide, Noah Koerper, that the bill did include the agreed-upon language requested by the Authority and District in the bill’s previous iteration. Glenn Porzak said one addition to the new legislation included recognition of the non-wilderness status of Bolts Ditch in Minturn, which was mistakenly included in the Holy Cross wilderness boundary when the maps were drawn in 1980. Glenn would also like to include language that Bolts Ditch could be used to fill Bolts Lake. Finance Report Highlights Diane Johnson discussed the finance report in James Wilkins’ absence. She called attention to the development impact fees, which for the Authority and Vail water subdistricts and Vail sewer subdistrict, exceeded projections by nearly $800,000. Diane noted payments generally were made for a variety of smaller projects paying tap fees at year end, not one or two large projects. She also reminded directors that in 2018, water sales would be presented quarterly instead of monthly. Proposed Avon Developments Jason Cowles said the town of Avon received notice of a proposed development in Traer Creek, east of Chapel Square in Avon. It is unlikely that the Kansas City-based developer will meet the intended groundbreaking in summer 2018. Jason also received a referral from the town of Avon for a development on the Folsom parcel, east of the Ascent. He said such development would reduce the Authority’s unallocated water pool, though lacking any specifics, he was unable to estimate the impact further. Avon does not have sufficient water to allocate to either project. Traer Creek Update Jim Collins said the Authority has not received Traer Creek’s tank repair plan. Litigators are working to extend the stay of litigation for a fourth time. A late February mediation date is expected.