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PZC Packet 082112Staff Report —Preliminary PUD August 21, 2012 Planning & Zoning Commission Meeting Report date August 17, 2012 Project type Preliminary PUD Amendment Legal description Lot 1, Brookside Park, Eaglewood Subdivision Zoning Planned Unit Development (PUD) Address 37347 Highway 6 & 24 Prepared By Jared Barnes, Planner I Introduction The Applicant, Rick Pylman of Pylman & Associates, representing the owners, Riverview Park Associates, has submitted a Preliminary PUD Application (Exhibit B) ("the Application"). The Application requests a modification to the allowed uses to include up to twenty-four (24) residential dwelling units. Application Process (§7.16.020, AMC) Public Notification In order to comply with the Public Hearing and pertinent noticing requirements, a mailed notice was provided to all property owners within 300' of the property. In addition, a notice was published in the Vail Daily newspaper on Friday, July 27, 2012. Public Hearings The PZC shall review the PUD application and provide a recommendation to the Town Council after conducting a public hearing. The PZC held a public hearing on August 7, 2012 with the hearing being continued to the August 21, 2012 PZC meeting. The Avon Municipal Code allows thirty-five (35) days for PZC to act on the application from the first meeting date on August 7, 2012. The Town Council will then review and render a final decision on the Application after conducting a public hearing. If approved, the Applicant can apply for a Final PUD which will involve a similar process. Background The Brookside Park PUD was approved via Ordinance 96-8. The Brookside Park PUD allowed the development of forty-six (46) dwelling units and 30,000 square feet (sq. ft.) of commercial space. The PUD development plan and accompanying plat subdivided the parcel into three (3) lots. Lot 1 consists of the Brookside Center office building, which contained the entirety of the allowed commercial square footage, as well as the pool and hot tub amenities for the entire PUD. Lot 2 comprised of the Lodge at Brookside Park, which was to be developed with thirty- two (32) multi -family dwelling units. Lot 3 included the Townhomes at Brookside Park and was developed with fourteen (14) townhome dwelling units. A regional trail and associated easement along the Eagle River was provided as a public benefit with this approval. The Brookside Park PUD was first amended via Ordinance 97-3. The amendment increased the total allowed dwelling units from forty-six (46) to fifty-four (54). The additional units were added to Lot 2, which increased the allowable density from thirty-two (32) condominium units to forty (40) condominium units. The amendment also included increasing the height for Lot 2 from sixty (60) feet to sixty-three (63) feet. The amendment included a public benefit of a four (4) foot wide sidewalk along the southern property line from the site entrance to the eastern property line and three (3) deed -restricted housing units. August 21, 2012 Planning and Zoning Commission Meeting Page I 1 Lot 1, Brookside Park Preliminary PUD Amendment—PUBLIC HEARING The Brookside Park PUD was amended a second time via Ordinance 97-13. This amendment included "restaurants" as an allowed use for Lot 1. The Brookside Park PUD was amended a third time via Ordinance 10-04. The amendment only pertained to Lots 2 and 3 and modified the PUD to include "short term rentals" as a use by right. The attached PUD Guide (Exhibit C) includes the original PUD as well as the two (2) 1997 amendments (Ordinances 97-3 and 97-13). Update The Planning and Zoning Commission (PZC) reviewed the preliminary PUD amendment at their August 7t", 2012 meeting. The PZC ultimately continued the public hearing and application citing a need for additional discussion. The PZC had concerns over the lack of information provided with regard to: parking analysis for the various conversion scenarios; water rights increase and associated dedication; density cap for second story conversion only; and public benefit. The applicant has addressed these issues within a memo to Town Staff (Exhibit E) on August 16, 2012. Staff will address each of these issues in the subsequent sections of the staff report. Proposed PUD Amendment The application proposes to amend the PUD to allow future flexibility to convert a portion or all of the Brookside Center office building to residential dwelling units. The application proposes a maximum of twenty-four (24) dwelling units in a loft style consisting of two (2) and three (3) bedroom configurations. The amended PUD Guide is proposed as Exhibit D and includes the above mentioned modifications as well as other minor amendments. Within the first few paragraphs of the proposed PUD, the applicant has modified language to: (1) correct the legal description; (2) update the total allowed dwelling units to include the requested 24 additional units; and, (3) include residential in the intention of the PUD. The first substantive amendment is the inclusion of Short Term Rentals as an allowable use by right. This inclusion formalizes and expands upon Ordinance 10-04. As stated above, Ordinance 10-04 only applied to Lot 2 and 3, but with the inclusion of residential uses on Lot 1, the Applicant is requesting this use be applied uniformly on each parcel within the PUD. The next amendment is the inclusion of Section I. This section provides a maximum density allocation per lot for the Brookside PUD. As exhibited in this section, Lot 1 is allocated twenty- four (24) dwelling units, Lot 2 is allocated forty (40) dwelling units, and Lot 3 is allocated fourteen (14) dwelling units. The final amendment is the addition of Section J. This section provides parameters for how the existing Brookside Center building may convert to partial residential or completely residential. As stated in the proposed PUD guide, Brookside Center would be limited to the following options if this application is approved: 1. Up to 30,00 sq. ft. of useable commercial space; 2. A residential building of up to 24 dwelling units; or, 3. Commercial on the first floor and residential on the second floor. Planning Analysis Staff supports the above mentioned amendments as they provide greater clarity to the allowed uses throughout the PUD as well as provide strict density allocations to each Lot. The inclusion of Section J also assists in clarifying how Lot 1 would transition to include residential uses. Staff August 21, 2012 Planning and Zoning Commission Meeting Page 1 2 Lot 1, Brookside Park Preliminary PUD Amendment—PUBLIC HEARING does have concerns that the language would not prohibit the allowance for twenty-four (24) dwelling units on the second floor. In the update memorandum (Exhibit E), the applicant is proposing to limit the maximum number of units allowed on the second floor to sixteen (16). The applicant has indicated this will allow the units to range in size from 800 to 1,000 square feet. The proposed modifications will ultimately result in a reduction in required parking due to the less restrictive requirements of residential parking. Commercial uses are parked at a rate of four (4) spaces for every 1,000 feet of gross floor area (GFA), while office uses are parked at a rate of three (3) spaces for every 1,000 feet of GFA. Multi -family residential units are required to have two (2) spaces for each unit. The chart below outlines the parking provided as of today, while also depicting the required parking for the mixed-use building option and the full residential building option. As seen in the above table, the applicant is indicating that when a conversion occurs some of the existing surface spaces will be removed and replaced with a landscaped area or pocket park. In either instance, the current provided parking is sufficient to allow a conversion of uses to occur on the site. The proposed modification will result in a need for additional water rights. Currently, the Brookside Center building is allocated 10.3 single family equivalents (SFE). If the entire building converts to twenty-four (24) dwelling units as proposed, the building will need twenty-four (24) SFEs. If the project contains both commercial and residential uses, the SFE requirement will be more complicated to calculate, but will likely result in a need for additional SFEs. The applicant will be required to provide proof of sufficient water rights, through either dedication or payment - in -lieu from the Upper Eagle Regional Water Authority prior to any issuance of a building permit for conversion to residential uses. The applicant has acknowledged the need for additional water rights and has committed to returning with more accurate information as well as an "ability to serve letter" prior to submission for a Final PUD Amendment. Review Criteria Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the PZC and Town Council shall consider a number of review criteria when evaluating this application. The following criteria must be considered when forming the basis of a recommendation or decision on a PUD plan: (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 August 21, 2012 Planning and Zoning Commission Meeting Page 13 Lot 1, Brookside Park Preliminary PUD Amendment—PUBLIC HEARING Full Commercial Building 1 St Floor Commercial/ 2 nd Floor Residential Full Residential Building Parking . 120 (@ 4 per • Commercial: 60 (@ 4 per 54 (@ 2 per unit + 6 guest Required 1,000 SF); 1,000 SF); spaces) • 90 (@ 3 per • Residential: 37 (@ 2 per 1,000 SF) unit + 5 guest spaces) • Total: 97 spaces Parking 122 spaces (35 • 97 spaces (35 garage • 54 spaces (35 garage Proposed garage + 87 remaining) remaining) surface spaces) • 27 surface spaces • 68 surface spaces converted to a landscaped converted to a landscaped area area. As seen in the above table, the applicant is indicating that when a conversion occurs some of the existing surface spaces will be removed and replaced with a landscaped area or pocket park. In either instance, the current provided parking is sufficient to allow a conversion of uses to occur on the site. The proposed modification will result in a need for additional water rights. Currently, the Brookside Center building is allocated 10.3 single family equivalents (SFE). If the entire building converts to twenty-four (24) dwelling units as proposed, the building will need twenty-four (24) SFEs. If the project contains both commercial and residential uses, the SFE requirement will be more complicated to calculate, but will likely result in a need for additional SFEs. The applicant will be required to provide proof of sufficient water rights, through either dedication or payment - in -lieu from the Upper Eagle Regional Water Authority prior to any issuance of a building permit for conversion to residential uses. The applicant has acknowledged the need for additional water rights and has committed to returning with more accurate information as well as an "ability to serve letter" prior to submission for a Final PUD Amendment. Review Criteria Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the PZC and Town Council shall consider a number of review criteria when evaluating this application. The following criteria must be considered when forming the basis of a recommendation or decision on a PUD plan: (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 August 21, 2012 Planning and Zoning Commission Meeting Page 13 Lot 1, Brookside Park Preliminary PUD Amendment—PUBLIC HEARING 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 stated purposes of §7.04, Development Code, AMC, and §7.16.060, PUD, AMC, include statements regarding the implementation of the Comprehensive Plan; regulating intensity of use; regulating and determining the area of open spaces; establishing building lines; avoiding increased demands on public services and facilities; providing for phased development of government services; minimizing adverse environmental impacts of development; provide for compatibility with the surrounding area; preservation of natural features; minimize adverse environmental impacts; and promoting sufficient, economical and high quality provision of all public services and public facilities. PUD zoning by nature of its composition inherently affords opportunities to provide creative site design and planning. The proposed amendment provides flexibility going forward as it allows for both residential and commercial uses, but provides a set amount of commercial square footage and maximum number of residential units. This amendment to this zone district brings the standards more in line with mixed-use districts that allow both commercial and residential uses. The PZC must determine whether the Application confers a substantial benefit to the Town and/or incorporates creative site design to achieve the some of the purposes of the Development code cited above. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: The Application does not negatively affect the public health, safety and welfare. The inclusion of residential uses modifies the Brookside Center building to become more compatible with the immediately adjacent multi -family residential uses. (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 proposed PUD amendment appears to meet all of the eligibility criteria as outlined in §7.16.060(b). The applicant is not proposing any specific public benefit related to this requested amendment, but instead stating that the previously provided benefits are sufficient. §7.16.060(b)(5), Public Benefit, states: "A recognizable and material benefit will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be infeasible or unlikely." As was discussed previously in this report, the original PUD and the first amendment provided the public benefits that exist today: three (3) deed restricted units, a regional trail and associated easements, and a sidewalk along the southern property line. The regional trail is not only a benefit to the residents of the Brookside Park PUD, but also the residents of Avon and Eagle County who use the regional trail system regularly. At the previous meeting the PZC discussed the potential for installing a sidewalk to connect the subject property to the W. Beaver Creek Blvd and Hwy 6 intersection, while also connecting to the bus stop along the southern property line of Sunrdige Condominiums. As stated in this report a pedestrian path was installed doing exactly this. At the time the path August 21, 2012 Planning and Zoning Commission Meeting Page 14 Lot 1, Brookside Park Preliminary PUD Amendment—PUBLIC HEARING was provided as a public benefit there were issues with gaining easements on the Sunridge property, installing a path that did not interfere with underground utilities, and avoiding the need for retaining wall within the CDOT right-of-way. The applicant ultimately paved a four (4) foot wide path that connects the subject property to the bus stop and intersection on their property and CDOT ROW. Photographs of the path are shown in Exhibit E. Staff has determined that the Brookside Park PUD has already been established and the above-mentioned public benefits meet the intentions of the code requirement. The modification of commercial uses to residential uses lessen the impact of the project on neighboring properties by having compatible uses as well as reduce the number of vehicle trips per day on Highway 6. The Avon Comprehensive Plan includes this property within District 20: River Residential District. It is a low priority district and some of the planning principals include: • Encourage redevelopment to take into consideration the objectives of the Eagle River Watershed Management Plan including river setbacks and best practices for development in proximity of the river; • Encourage the further connection and enhancement of the ECO Trail; • Plant indigenous trees and shrubs to screen existing large residential buildings along US Highway 6 and provide landforms and landscaping between residences and US Highway 6; • Enhance the pedestrian experience by adding sidewalks along all roads on the valley floor. The current development and PUD takes into consideration these planning principals. The previous PUD establishment and amendments provided a development plan that included a regional trail along the Eagle River, a sidewalk along the southern property line, and a development configuration that responded to the river and adjacent properties. The Future Land Use map included in the Comprehensive Plan identifies Lot 1 as "Neighborhood Commercial". The intent of this district is to allow for a mix of residential, small-scale neighborhood serving commercial and civic uses. It specifically states that townhouse and multi -family units are allowed within this district. The dimensional standards do not specify a maximum density or units per building, but the subsection discussing water rights dedication identifies seven and one-half (7.5) dwelling units (DU) per acre. The PUD amendment proposes eleven and four -tenths (11.4) DU/acre. As was discussed at the previous meeting, the zoning code allows maximum densities as follows: Residential Low Density (RLD) — seven and one-half (7.5) DU/acre; Residential Medium Density (RMD) — fifteen (15) DU/acre; and, Residential High Density (RHD) — twenty (20) DU/acre. As seen the proposed density falls within the RMD district and compatible with the surrounding property's density as follows: Sunridge Phase II — approximately twenty (20) DU/acre; Lodge at Brookside — thirty-three (33) DU/acre; and, Townhomes at Brookside — eleven (11) DU/acre. Following is a list of Goals and Policies from the Comprehensive Plan to consider when reviewing in light of this amendment request: Goal C1. Provide a balance of land uses that offers a range of housing options, diverse commercial and employment opportunities, inviting guests accommodations, and high quality civic and recreational facilities, working in August 21, 2012 Planning and Zoning Commission Meeting Page 15 Lot 1, Brookside Park Preliminary PUD Amendment—PUBLIC HEARING concert to strengthen Avon's identity as both a year-round residential community and as a commercial, tourism and economic center. Staff Response: The proposed PUD amendment will increase the opportunities for housing options by allowing an additional twenty-four (24) multi -family dwelling units as well as guest accommodations through the inclusion of Short Term Rentals as an allowed use. Policy C.2.1. Promote a wide range of residential uses including single family, duplex, multifamily, and vertically integrated residential units (housing on the upper floors of missed -use buildings) throughout the town. Staff Response: The Application would afford a level of flexibility for the property not currently allowed. The allowance for conversion of the second story to residential uses, while maintaining the commercial uses on the first floor, will create the vertically integrated residential units discussed in this policy. Policy D.2.3. Improve the streetscape along US Highway 6 to strengthen Avon's overall community image and to stimulate future development and redevelopment by providing a more attractive and cohesive street edge. Staff Response: The current development on the property maximizes the developable area with building and surface parking. As stated previously in this report, the conversion from commercial uses to residential uses will result in a reduction in required parking thus allowing the property owner to reduce the amount of surface parking and return some of the area to a landscaped state. Although a specific plan is not being proposed, the option exists to remove parking along US Highway 6 and replace this with landscaping, thus improving the streetscape of this gateway property. Policy E.1.2. Permit home occupations and live/work opportunities where there is minimal negative impact to the neighborhood to reduce traffic%ommuting impacts in the community and provide affordable options for local entrepreneurs. Staff Response: Although the PUD amendment doesn't commit to a specific live/work design, the allowance for the second story residential units with the ground level commercial office provides an opportunity for live/work scenarios. (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: As proposed, the PUD amendment has no effect on most services. As mentioned previously in this report, Staff believes additional water rights will be required to adequately serve the Property when a conversion to residential units begin. An "Ability to Serve" letter shall be provided prior to submission of a Final PUD amendment. (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; Staff Response: The property was rezoned in 1996 from Residential High Density Commercial (RHDC) to PUD. Ordinance 96-8 clearly states that the RHDC zoning and any August 21, 2012 Planning and Zoning Commission Meeting Page 1 6 Lot 1, Brookside Park Preliminary PUD Amendment—PUBLIC HEARING of its associated development rights were lost with this rezoning, therefore no underlying zoning exists. When compared to the existing PUD, the proposed PUD amendment will not result in any adverse impacts upon the natural environment as setbacks from the Eagle River have been established. In addition, the reduction of asphalt and increase of landscaped area should reduce the demand on the storm water management that exists on the property. (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 approval of the PUD amendment would reduce any adverse impacts that commercial office has on adjacent residential properties. In addition, the increase in residential uses are consistent with adjacent properties including: Lodge at Brookside Park, Townhomes at Brookside Park, and Sunridge Condominiums. (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: As proposed, the Application will either increase the compatibility with uses or potential future uses on other properties in the vicinity or will result in no change to uses as currently exist. Staff Recommendation Staff recommends the PZC recommend approval of the PUD Amendment through a record of decision, as attached. Exhibits A: Vicinity Map B: Application Binder C: Approved PUD Guide D: Proposed PUD Guide E: Memo from Applicant dated August 16, 2012 F: Record of Decision August 21, 2012 Planning and Zoning Commission Meeting Page 17 Lot 1, Brookside Park Preliminary PUD Amendment—PUBLIC HEARING „t, •t �' F .aa�a1 '� E R"� �• ,. r �;r rt` ry S�-y;. y , 'k �Jjs'� ' .'lu-. '� �=. c� � `�o�l�.. r sem, _-.nom '� 11 flY g r2 i, a f•� .� %r'�4 kms, • ' y�� re �� }�`�, t �y�� c,s,' 'I . 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EXHIBIT B BROOKS l DE PAR K A NavdrroLowrg E C O p L E> y Project 2012 PUD AMENDMENT APPLICATION Prepared For: Riverview Park Associates, Inc. 37347 US Highway 6 Avon, Colorado Prepared by: Pylman & Associates, Inc. 137 Main Street C107W Edwards CO 970-926-6065 Sherman & Howard L.L.C. 37347 US Highway 6 Brookside Park Suite 210 Avon, Colorado TABLE OF CONTENTS 1.0 Introduction 1 2.0 Summary of PUD Changes 2 3.0 Avon Comprehensive Plan 4 4.0 PUD Intent & Eligibility 4 5.0 PUD Review Standards 4 6.0 Subdivision Review Criteria 6 7.0 Summary 7 Appendices Existing approved PUD Guide Proposed Revised PUD Guide Existing Approved Site Development Plan Conceptual Proposed Site Plan Existing approved Final Plat Conceptual Residential Unit Layout Introduction/Description of Request Brookside Park is a mixed use office and residential campus located at 37347 US Highway 6 in Avon, Colorado. The Town of Avon approved Brookside Park as a PUD in 1996 via Ordinance # 96-8. The approved Site Development Plan consists of three separate development parcels. The Townhomes at Brookside Park ("Lot 3") consists of 14 townhome units with individual garage bays and additional surface parking. The Lodge at Brookside Park ("Lot 2") includes 40 condominium units with underground and surface parking. Brookside Center ("Lot 1") is a 30,000 square foot two story professional office and retail building with underground and surface parking. All three buildings share a common access point off of US Highway 6. The access point is located on the Brookside Center parcel. An easement allows access across this parcel to the Lodge and Townhomes parcels. The purpose of this PUD Amendment is to propose a concept that would allow future flexibility to convert the Brookside Center office building to a residential loft use of up to twenty-four dwelling units. No change is proposed to either the Lodge or Townhomes parcels. Riverview Park Associates, Inc. ("RPA") was the original developer of the Brookside Park project and has maintained ownership of the Brookside Center office building since its construction fifteen years ago in 1997. At that time, there was a lack of new Class "A" office space in Avon and the Brookside parcel offered an opportunity for new construction of a modern office building. Originally envisioned as an office and retail complex, the retail uses never materialized while the office space has been successful. Since 1997, a significant amount of new office space has been built in the core areas of Avon and Edwards and the competition for Class "A" office space has resulted in varying levels of demand for office space in the Brookside Center building. This proposal would amend the existing Brookside Park PUD to create the opportunity, if desired, to convert the existing 30,000 square foot office building into a loft style residential building of up to 24 dwelling units. The proposed amendment only considers the following use mix possibilities; a) all allowed current uses of retail and office, b) all residential or c) current allowed uses of retail and office on the first floor and residential on the second floor. A Town of Avon PUD Amendment and a Major Subdivision process is required to obtain approval for this proposed change to the PUD. In accordance with the Avon Development Code, these applications may be reviewed concurrently under one application that addresses the information requirements of each individual application. This application and the information contained herein have been designed to address the requirements of both the Preliminary PUD and Subdivision applications. The only Brookside PUD 2012 1 subdivision action that would be associated with this PUD proposal is a condominium map, if and when the residential conversion is completed. No external lot lines or internal parcel lines would be altered. A very conceptual residential floor plan has been included in this application for purposes of understanding how the residential conversion may be achieved. There is very little to no change to the Brookside Center property associated with this amendment. The current commercial parking provision of 4 spaces per 1000 square feet of commercial will result in an excess of parking under a residential conversion. The residential parking demand is 2 spaces per unit, so a conversion of 2000 square feet of office to one residential unit leaves an excess of 6 parking spaces. An area existing parking in front of the Brookside Center and Lodge buildings could be converted to a landscape yard area and plaza. A conceptual plan indicating this landscape opportunity has also been included with this application. Minor architectural revisions to the building would occur with the residential conversion. The architectural and landscape revisions would be properly addressed through the Town of Avon design review process. Summary of PUD Guide Changes The approved Brookside Park PUD Site Development Plan details the approved and allowed site development standards for Brookside Park. The following section describes these site development standards and compares them to the proposed amendment. Intention The listed intention of the Brookside Park PUD is to ""provide for an architecturally integrated mixed use residential and commercial campus with appropriate uses, development standards and regulatory controls." The proposed concept remains in compliance with this overall intent. To amend the PUD to allow for the potential conversion of the Brookside Center office space to residential, the above written intention would be amended as follows: The intention of the Brookside PUD is to provide for an architecturally integrated residential or mixed use residential and commercial campus with appropriate uses, development standards and regulatory controls. Allowable Uses -Residential The approved plan lists townhomes, condominiums and apartments as allowable uses and does not categorize these uses by separate parcel. This may be interpreted to clearly state that residential uses are already allowed on the Brookside Center parcel and does not require any amendment. Brookside PUD 2012 Allowable Uses — Commercial The approved Site Development Plan lists professional offices, restaurant and retail furniture, home furnishing, architectural products, appliances, antiques and art stores as allowed uses in Building A — Brookside Center. The approved site plan shall be amended to state that Brookside Center shall allow the above listed uses and/or up to 24 dwelling units. Development Standards The maximum residential density of the current approved plan Brookside Park PUD is 54 units. As currently constructed the density is allocated as 14 townhouse units to The Townhomes at Brookside Park and 40 units to The Lodge at Brookside Park. An additional 24 dwelling units must be added to the overall density and allocated to the Brookside Center parcel. This will result in a new total density of 78 dwelling units. The maximum building height of 60 feet does not require any amendment. The conversion of office space to residential will be able to take place well within this existing height limit. Existing building setbacks as written in the PUD Site Development Plan are 25 feet to the front (street), 7.5 feet to the side property line, 10 feet to the rear and thirty feet to the Eagle River. Property lines are defined as the exterior boundary of the approved Site Development Plan and not to interior parcel boundaries. There is no issue with the existing setback requirements with this revised PUD. There is room to expand/add building balconies around most of the Brookside Center building. Maximum site coverage for the PUD is currently listed at 50%. This requirement may remain unchanged within the revised PUD Guide. The minimum landscape area requirement is 20% of the overall site area. This requirement may also remain unchanged within the revised PUD Guide. Parking The current parking requirements for the Town of Avon as they apply to Brookside are as follows: Commercial — General commercial 4 per 1000 sq. ft. Restaurant — 1 per 60 sq. ft. of seating area Office is 3 per 1000 sq. ft. Residential 2 per unit plus guest, Guest -2 for 3-5 units 3 for 5-10 units 4 for 11-15 units 5 for 16-20 units 6 for 21-25 units 7 for 25 units +1 for every additional 5 units. Brookside PUD 2012 The existing Brookside Center office building is in full compliance with the current parking requirements. There are both surface and underground parking spaces associated with the building. The conversion of the Brookside Park building from commercial to residential will create a parking surplus that will allow for some asphalt parking and circulation areas to be removed and replaced with a substantial landscape plaza or "pocket park" in the front of the Brookside Center and Brookside Lodge buildings. Avon Comprehensive Plan The Avon Comprehensive Plan Future Land Use Map indicates the Brookside Park area as residential for the Townhomes and Lodge building and neighborhood commercial for the Brookside Center parcel. The "Future Land Use Map" reflects the current uses. The Avon Comprehensive Plan details localized sub -districts within the community. Brookside Park is located within District 20: River Residential District. The proposed amendments to Brookside Park are in harmony with all of the identified planning principles for Planning District 20. PUD Intent & Eligibility The Avon Development Code includes sections on PUD intent and eligibility. The Brookside Property was designated as a Planned Unit Development in 1997, well before the current Development Code was adopted. However, the existing Brookside property and the proposed amendment is in full compliance with Section 7.16.060,(a), 1 through 9, which describes the intent of a PUD. The existing Brookside Park and the proposed amendment are also in full compliance with Avon Development Code Section 7.16.060 (b), Eligibility Criteria. PUD Review Standards The Avon Development Code Section 7.16.060(e) 4 details criteria that shall be considered by the PZC and Town Board as a basis for their recommendation or decision for a new PUD. The following criteria must be met by any new PUD or for any amendment to an existing PUD. Due to the nature of the proposed amendments several of these elements are not applicable to this particular proposal. (1) 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 provisions and access; environmental protection: tree/vegetation preservation; efficient provision of street, roads and other utilities and Brookside PUD 2012 4 services; or increased choice of living and housing environments. The Brookside Park PUD was initially established in 1996 as a mixed use residential and office complex. At that time, there was no existing applicable zone district that would allow for both the residential uses and office/retail uses in a manner envisioned for the property. The creative site design and the setting along the Eagle River made the application of PUD zoning appropriate for Brookside. This proposed amendment is in harmony with the original concept and the PUD amendment process remains the appropriate method for reviewing this application. (2) The PUD rezoning will promote the public health, safety and general welfare; The existing PUD zoning has been in place for fifteen years and has been appropriate for the neighborhood and for the property. This proposed amendment is in harmony with the ideals of promoting public health, safety and general welfare. (3) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code and the eligibility criteria outlined in Subsection 7.16060(b); The amendment to the PUD is in complete conformance with the Avon Comprehensive Plan. Section 7.04.030 (a) through (p) of the Avon Development Code details the purpose of the code. This proposed amendment is consistent with each one of the purpose statements. Section 7.16.060(b) lists seven eligibility criteria that must be met for establishment of a PUD District. Although this district is already established, the proposed amendment is consistent with and meets all of the eligibility criteria. (4) 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; All services to serve the existing development are in place and available. (5) 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; The only proposed change to the current approved uses is to allow the conversion of the 30,000 square foot Brookside Center building from commercial to residential uses in accordance with this application. This conversion should not create any significant adverse impact upon the natural environment. Brookside PUD 2012 (6) 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; The potential conversion of Brookside Center from commercial to residential should not create any adverse impacts to adjacent properties. Brookside is bordered by Highway 6 to the south and the Eagle River to the north. West of the property is the edge of the Arrowhead Golf Course. A portion of the Sunridge Condominiums borders Brookside on the east side. The only site changes that would be a direct result of the conversion would be a reduction in parking areas and an increase in landscape area. Traffic in and out of the site would likely decrease. (7) 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. The proposed amendment will not change the scale of development on the Brookside site and should be consistent with this review criteria. The existing Brookside PUD and the adjacent Sunridge Condominiums have been compatible neighbors for the past fifteen years. Subdivision Review Criteria Section 7.16.070 of the Town of Avon Development Code details seventeen criteria by which a Preliminary Plan subdivision application shall be reviewed. As the only subdivision action required by this proposed amendment would be a condominium map of the residential units several of the criterion are not directly applicable. For those criteria that are applicable this application is in full compliance with the requirements and intent of the subdivision code. No actual site changes would be necessary to complete the conversion, however, a decrease of parking area and an increase in landscape area could be accomplished and would be a benefit to the properties. Beaudin Ganze Consulting Engineers has completed a preliminary level examination of the existing building and it has concluded that existing water service, fire service, sewer service and roof drain lines are all adequately si9zed to allow for a conversion to residential use. No significant changes will be required for gas, electric or communication services to the building. There may be some additional water and sewer fees required for converting commercial uses to residential based on increased in house water demand. However, the majority of water demand is from landscape irrigation, which would not change significantly. When architectural plans are advanced enough to produce a fixture count and square footages, and landscape plans are finalized then the project should be analyzed through the Eagle River Water and Sanitation District water demand worksheets to determine of additional fees to the Town of Avon or Brookside PUD 2012 6 Eagle River Water and Sanitation District will be required. The change of use form office to residential should result in an overall and peak hour decrease in trip generation. No revision to the existing CDOT Access Permit is anticipated. No impact to the existing drainage improvements are anticipated. Summary The proposed PUD Amendment to allow for the potential conversion of the Brookside Center building from commercial to residential is in compliance with the both the intent and regulations of the Town of Avon Development Code and the Town of Avon Comprehensive Plan. Brookside PUD 2012 7 Brookside Park PUD Guide as Exhibit A to Ordinance 96-8 (existing approved version) The following Planned Unit Development Guide will serve as the governing regulations which will control development on Lot 1, Eaglewood Subdivision, known as the Brookside Park PUD. This PUD Guide is intended to become a part of the Brookside Park Planned Unit Development and serve as the "Zone District Regulations" for the PUD as required by Section 17.20.110.1 of the Municipal Code of the Town of Avon. The Brookside Park PUD authorizes a total 54 dwelling units and 30,000 useable square feet of commercial space on 4.7 acres of land within the Town of Avon, Eagle County, Colorado. Development within the PUD is administered by the Town of Avon through the provisions of this PUD Guide. Building construction within the PUD is governed by the applicable Town of Avon ordinances, rules and regulations. Intention The intention of the Brookside Park PUD is to provide for an architecturally integrated mixed use residential and commercial campus with appropriate uses, development standards and regulatory controls. B. Definitions All terms used in this PUD Guide shall be as defined in Chapter 7, Development Code of the Town of Avon Municipal Code unless otherwise defined in this section of the PUD Guide. C. Allowable Uses by Right — Residential 1. Multiple Family dwelling units including townhomes, condominiums and apartments. D. Allowable Uses by Right — Commercial Building A contains 30,000 useable square feet that is designated as commercial space. The following uses are allowed within the areas designated as commercial on the Building A floor plans that are incorporated within this PUD Development Plan. 1. Professional Offices including Design Studios 2. Medical Outpatient Offices 3. Retail/Wholesale Furniture Stores and Showrooms 4. Retail/Wholesale Home Furnishing Stores and Showrooms 5. Retail/Wholesale Architectural Products Stores and Showrooms 6. Retail/Wholesale Household Appliance Product Stores and Showrooms 7. Antique Stores and Showrooms 8. Art Galleries/Frame Shops 9. Restaurants E. Allowable Uses By Right — General 1. Recreation Amenities including swimming pools and hot tubs F. Special Review Uses 1. Home Occupations 2. Retail Stores not specifically listed as a Use by Right. 3. Church 4. On -Site Rental Office G. Accessory Uses 1. Interior and Exterior uses customarily accessory to residential and Commercial uses shall be allowed. H. Development Standards Maximum Density: 54 dwelling units Maximum Useable Commercial Area: 30,000 Square Feet Building Height: 60 feet Minimum Building Setbacks: Front: 25 Feet Side: 7.5 Feet Rear: 10 Feet Eagle River: 30 Feet as defined in Section 17.50.110 of the Town of Avon Municipal Code. Building setbacks shall apply to the PUD perimeter property line only. Internal lines created for phasing delineation of for individual unit ownership shall not apply. Maximum Site Coverage: 50% Minimum Landscape Area: 20% Parking: Residential: 2 spaces per dwelling unit 10 guest spaces Commercial: 4.3 spaces per 1,000 square feet of useable floor area Brookside Park PUD Guide as proposed for revision June 2012 (revisions indicated in a strikethrough/underline format) The following Planned Unit Development Guide will serve as the governing regulations which will control development on Lot 1, Eaglewood Subdii i , Brookside Park, A Resubdivision of Lot 1, Eaglewood Subdivision, Town of Avon, Eagle County, Colorado, known as the Brookside Park PUD. This PUD Guide is intended to become a part of the Brookside Park Planned Unit Development and serve as the "Zone District Regulations" for the PUD as required by Section 17.20.110.1 of the Municipal Code of the Town of Avon. The Brookside Park PUD authorizes a total -5478 dwelling units and 30,000 useable square feet of commercial space on 4.7 acres of land within the Town of Avon, Eagle County, Colorado. Development within the PUD is administered by the Town of Avon through the provisions of this PUD Guide. Building construction within the PUD is governed by the applicable Town of Avon ordinances, rules and regulations. Intention The intention of the Brookside Park PUD is to provide for an architecturally integrated residential or mixed use residential and commercial campus with appropriate uses, development standards and regulatory controls. B. Definitions All terms used in this PUD Guide shall be as defined in Chapter 7, Development Code of the Town of Avon Municipal Code unless otherwise defined in this section of the PUD Guide. C. Allowable Uses by Right — Residential 1. Multiple Family dwelling units including townhomes, condominiums and apartments. 2. Short term rentals D. Allowable Uses by Right — Commercial Building A contains 30,000 useable square feet that is designated as commercial space. The following uses are allowed within the areas designated as commercial on the Building A floor plans that are incorporated within this PUD Development Plan. 1. Professional Offices including Design Studios 2. Medical Outpatient Offices 3. Retail/Wholesale Furniture Stores and Showrooms 4. Retail/Wholesale Home Furnishing Stores and Showrooms 5. Retail/Wholesale Architectural Products Stores and Showrooms 6. Retail/Wholesale Household Appliance Product Stores and Showrooms 7. Antique Stores and Showrooms 8. Art Galleries/Frame Shops 9. Restaurants E. Allowable Uses By Right — General 1. Recreation Amenities including swimming pools and hot tubs F. Special Review Uses 1. Home Occupations 2. Retail Stores not specifically listed as a Use by Right. 3. Church 4. On -Site Rental Office G. Accessory Uses 1. Interior and Exterior uses customarily accessory to residential and Commercial uses shall be allowed. H. Development Standards Maximum Density: 54 dwelling units Maximum Useable Commercial Area: 30,000 Square Feet Building Height: 60 feet Minimum Building Setbacks: Front: 25 Feet Side: 7.5 Feet Rear: 10 Feet Eagle River: 30 Feet as defined in Section 17.50.110 of the Town of Avon Municipal Code. Building setbacks shall apply to the PUD perimeter property line only. Internal lines created for phasing delineation of for individual unit ownership shall not apply. Maximum Site Coverage: 50% Minimum Landscape Area: 20% Parking: Residential: 2 spaces per dwelling unit 10 guest spaces Commercial: 4.3 spaces per 1,000 square feet of useable floor area I. 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THF TOV-AHOMES .1T BROOKSMF P jibt -61 Eagle Rimer TIN...44 I j VAWGUI Us fuglimtV S BROOKSIDE PARK CONCEPT SITE PLAN FEBRUARY 17, 2012 THE LODGE AT BROOKSIDE PARK UAR9Y ARCHITECTS BROOKSIDE PARK AIVmurroimny ECO OFLESG PM]kl AMENDED FINAL PLAT BFROOKSIDE PARK A RESUBDIVISION OF LOT 1, EAGLEWOOD SUBDIVISION TOWN OF AVON, EAGLE COUNTY, COLORADO TOWN CERTIFICATE %is plot, including v,mt,.n of any lot ling, eI ments and right, of way, previously dedicated ant not deeillted hereon i DDrwedeby the Town Council of the Town of on, County of Eagle, Colorado this _ t day If, 191, , A.D., for filing with the Clerk Intl Recorder of the County of Eagle Ind for ronveynnce to the town of the public dedications shown hereon, the ._to supersede the pnor Nat subject to the provision Uot approval in no way obligates the Town of Avon for financing or consbodion of improvements on rands, streets. or easements aedicoted except a, specifi-y agreed to by the Town Council and further that said app, -1 shop in way obligate the Town of Avon for maintenance of streets until construction of improvements thereon shall have been ompW,d to the satisfaction of Inc Town Council. Approval of this plot by Ne Town is thsent only Ind is not to be con"a Ipp,..l of the technical correctness of is plat Ir any documentotion relating III,- WITNESS MY HAND AND SEAL OF THE TOWN OF AVON: •/�y,,� By QQwiSal_\_-_- ack Fawce M CD AttestPat y lambet, Town Clerk TITLE CERTIFICATE Land TV, Guarantee Company does hereby certify Not it has exominM the title to all lands shown upon this Plot and that title to such land is vested in: Riverview Park Associates, Inc., free and clear of all liens, encumbrances and asse-nts except as follows: OItM lhisJ_L_doy A.D., 1A.D, 1919977 as J CERTIFICATE OF TAPES PAID I, the undersigned, do hereby certify that the entire M of taxes and as meats due and payable Is of faY` ___ .,on all parcels .1 " I estate Gescnbsd on this Plot are prod n lull. Doth this -aAL day of 1rbwo,Lµ A.D., 1997. Treasurer of E ,Count J I O SURKYORS CERTIFICATE 1, Kendrick E Neubecker, do hereby certify that ora a RegisterM lane Surveyor licensed under to Incas of the Stale of Colorado, that this plot is tine, ort t and chalets pplot of Brookside Park, a mid J. platted, dedicotedc ona shown Hereon, that such plot was matle brim on ceurote survey of said property by me and antler my supervision and anClly shows the location and dimensions of Ue lots, en meats tl sheets of said subdivision Is the same ore stoked upon the ground in amplionce with applicable ;7ubtsns governing the subdivision cIf land. Al' m ments ore set as required by the Sub -, Regulations of feu Town of Avon. I also hereby certify that this plot contains all the information required by Section 38-33.3-209. C. R. S. IN WITNESS whereof I hove set on, bond Ind sent is Z7°' day of AD. 1997. 9g AFdI,SA Kendrick E. Nuebec. , LS 24325 K 24325 '• t.tr4. F�� a�dW4t Ut19 Sa GENERAL NOTES CERTFICATKIN OF DEDICATION AND OWNERSHIP Know all men by these presents thud Riverview Park Associates, Inc., a Colorado corporation, being sole owner in fee simple of all that real properly described as follows: Lot 1, Englewood Subdivision as cartled in Book 497 d Page 919, Town of Avon, C-ty of Ea91e, Slate of Colorado, and containing 4.709 acs reor less, has by thea presents laid out, platted and subdivided Uesl into Lots o,. shown hereon and designates the sa, OF OKSIDE PARK'. Town of Avon, County of Eagle, State of Colorado and dedicatedfors public taethe streets shown herein mowding ave es, dines, boulewrds, loner, courts and alleys to he Town of Awn; and andicsto the utlhty and doings somsnts shown hereon only for the ry puose old to the paaies aescnbed in this Final Plot; ado do further state that this subdivision shall be subject to the Master Declaration for Brookside Park filed Ind recorded for this Subdivision in the Office of the clerk and Recorded of Eagle County, Colorado, in Book , Page Executed this a� doy of -"Ir A.D., 1997, OWNER: Riverview Park Associates, Inc., I Colorado mrpomiion .0. Box 18223 a CO 1 0 nk No--, Vice -President SFATE OF �p1�i0ASQ) COUNTY OF The f�ores oiny Certif"I e 01 [� lion d Pxnership was acknowledged before this of5_, A O-, 1997, by Frank Nawrro, Inn S. ''• : jR1tFN6rtElf• v: os Yce-President of Riverview P`ayrk�A1ssociates, Inc., a Colorado corporation. My Commissmn expires �11T '••re..�`•¢p'� WITNESS my bond antl official seal.` Notary P plc THE 100 -YEAR FLOODPLAIN IS OUTSIDE OF THE BROOKSIDE PARK PROPERTY BOUNDARY 1. The pu,- of this plot is to subdivide Lot 1, Eagmwood Subdivision into Lots as shown. 9. Rwv w Pork Ass int Inc., for itself, its --1 n to res e u o sements Ind to vacate the existing Irrigation Ditch Easement and and assigns, hereby (I) reserves o perpetual non eK-wn easement for the installation and to recreate ondreserve the Irngation Easement os shown on this final plot. mointena ce of drainage pipes and related aM,rt<narces th-gh Nose portions of the Lots shown on this final plot designated 'Drainage Easement os sM1own hereon together with 2. Otte of Survey: March 1996 perpetual nghts of ingress rid egress for instollolion, -i—n- Ind replarement of s M1 facilities ane lines (b) ,on. to third podia homing historic drainage nghts over the property 3. Basis of Beanng: The sosb dy line of Lot 1, Englewood S.Ndivision from the found I ~ndl non-exclusive cos enl for drainage purpsm in such amount whi h conform to historic meat It the northeast ro net f Lot 1, (found p5 resat and aluminum cap Is 5447) use thraugh tbose portions of the lots shown on this plot as 'Drainage Easemenr such ....ment tooth, southeast corner of Lar 1, (set rsbo, Ind cap Is 24325). being 50Uo3'43'W. being limited to dran,cge within improvements installed on the lots by Ne owners thereof. 4. No development will be permitted except in accord- with detailed drairmge plans providing for it, control of drainage and Imgatlon ditch flows across the site Is requlrM for protection of the ,it, development. 5. Eagle River Woter and SonNation District (formerly Upper Eagle Valley Sanitation District) must approve any building or structural footings oceurnng within IY of the sewer ea meat. Footings within Nis or re la be lowered to a point intersected by m curing four -so -L (4') south Ina siKainches (C) serve Ue invert of the sewer ..in ona then an a 2:1 slope up. This sna if a building was— It the -lint line (ten feet south of se main), the bottom of the footing. d mbe at an I -f- o Intl Doer hIK feel (1.Y) above the top of the twelve inch (12') sewer ..in. 6. This properly is subject to the terms, conditions and provisions of the Planned Unit Devel,pment for Brookside Park Is recordM in Book _ _Z _, It Page . 7. This pfoperly is s,bj cl to Ne terms, conditions and provisions of the Master Declaration for Brookside Park as recorded in Book , a Page . 8. Riverview Pork Associates, Inc., for itself its su ceaors and assigns, subject to onstruction of required improvements and acceptance by the Town of Avon, hereby dedicates to the Towno1 Awn a perpetual no--Iuciw eI meat for the installation and aintenance of water lines Ind rested appI-tonon,so Uough those potions of the Lots shown on Uis final plot designolod 'Waterline Easement os shown hereon together with perpetual rights of ingress and egress for installation, -int enonce and replacemenl of such facilities Ind hoes. 10. Riverview Park Associates, Ira for itseK, its succmars Ind assigns, hereby grants to the Owners, Tenants, Guests and other inAdo of Lots 2 ant 3, os shown hereon, a PefpauaI Tusive easement for ingress and egress th gh ona wet those portions of Lots 1 and 2 exns shown on this final PIIt daignoted 'As- Eaamenr. 11. Riverview Pork Is rotes, Inc., for itself, its successors and assigns, hereby dMicotes to the Town of Avon, for the purpose of a public pedestrian Ind bicycle poth, a perpetual non-exclusive easement for the installation and m int-oc, of toils and paths through those portions of the. Lots shown on this final plat designatM 'Trail Edw-nr , shown hereon together with ,c Idol rights of ingoss and egress for insm tallation, ointenonce and rement eplac of such facilities. 12. Riverview Pork Associates, Inc., being the suttesor to Ns Awn Ranch Company, has poviously reservM an Iniga ion Ditch Easement as sM1own on the cndN d plat of Englewood Subdivision (Book 49 T, Page 919)- By virtue of is final plot Riv m- Park Associate. Inc., hereby vacates Us pne iously --ol Ini'.U.n Ditch Easement and serves for itself, its successors and assigns. as perpaull eIsment Ind right-ol-way on, ave-. oc and though those portions of this final plot designated hexon Is'Irngolion Easanent which easement may be used to wnstrucp operate, maintain, o,dw, replace sod smwater og, a ter ditch, pipeline or other water delivery facilAies umnq the route of the kon Easeme ngoUnt, together with perpetual nghls of Ingres and egress thereto. It — - •�f��ll CLERK AND RECORDERS CERTIFICATE &.0 This Plat was filed� ��f99 record t office of the C�I£rk d Hoc 1 9 o clock e M, this _L% x- doy If Ind is duty r Rook -7�- ___. pods No13, GIG5ag rid and�`�er VACATED IRRIGATION DITCH LINE TABLE uNE Di9Ecn0N rnsrancE IDA3 IOA1 X705] 12 E 12.49 IDAS 595'3,14 )1.2t S545D01 E, 5382 — IDA, S]3141E 2 111 IDAS X8514111 33 E . IDA6 N-509 IDA) Nit'312 E 25.83 IDAS X35'1523 3551 IDAS N' 35. SB IDA1D X191-1106. IDA11 X59311] E 8121 N)Al2 N631831 NA13 X661139 IDA11 N86V913 11803 IDMS X6{1656 120.99 IOAib 4622114E 50.99 AMENDED FINAL PLAT BFROOKSI[:)E PARK A RESUBDIVISION OF LOT 1, EAGLEWOOD SUBDIVISION TOWN OF AVON, EAGLE COUNTY, COLORADO VACATED IRRIGATION DITCH EASEMENT DETAIL LINE TABLE WAIERLME EASEMENT LINE 01RE"DINOISTANOE WI X8425 20.00 W2 W3 X053402 N84'25 3.95 24.26 W4 NOS'3402 20. W5 X84'15 24.26 we N841533 31. W] 405442 17.14 W8 N84153YW 20.Off W9 .0 N05'44'2 N 41 17.14 37.11 LINE TABLE IRRIGATION EASEMENT CENTERLINE ""n�EPAabLz YHR) b N'eNi ANO I � k / mal ai L BOONTL9. vACE1�'2 p1 __ A7 � G rRAcr W L / HOLY CROSS ELECTRIC ASSOCIATION. INC. EASEMENTS:1� THIS PROPERTY IS SUBJECT TO THE TERMS, CONDITIONS AND PROVISIONS OF A HOLY CROSS ELECTRIC ASSOCIATION, INC. UNDERGROUND RIGHT OF WAY EASEMENT, 20 FEET IN WIDTH, THE CENTERLINE OF SAID EASEMENT BEING AN UNDERGROUND POWERLINE AS CONSTRUCTED, Ff3� / �• 17 RECORDED IN BOOK 712, AT PAGE 294, EAGLE COUNTY RECORDS; AND TO A TRENCH, CONDUIT n..14 (n9 SIT x702J1..87'87' $ n �}. AND VAULT AGREEMENT AS RECORDED IN BOOK 712 AT PAGE 296tv 94.4r / Y / xwxarz � � / IZi \ «.A'rt`y LOT 1 Z L or z H . / 116.69, OT P6 / / aes I Q D TRACT W 2.097 0 N" '' �', m;. y A'i.' ° / e.w' ma9 �1i oA E>� EAGL.EWOOD SUBIDIVISION 513'33 - /' 9� / 9'• / / 1 SUBLD/VISION (BOON 491. \ \ --- --- LOT 2 l� \ 53112b2'E , _ ramwl 1.297 0— aovni0 I. g l� 31.04' 20' 1415 W / re'�.s. va rNl RU 4R _M014 7305 •Nms umivlE 5 t). a , ° q G 11. o LOT 3 LO , 2ltsYp 1.3,5 00.1 9 1-:Tvur1E0 gTTAxcE 9 m .37247 % a,.r 1�A 'OyY/ I ANrtmx F txvvwr I r ^4 EA6ENFNr �� 1 S�Q1TW Ne TT N054127E 8415'33'W 4z5r 14 y 2 i t9.0rr� YI A/,: I z ,uw"A FAgteN1 s a C OE) Ail — ' ___L 21 = 0997031 �r II _ R = 2615.00' a 64,9' 'er _-am �ryJ T = 222.39 3 _ I L – 443.66' AI aI CHD = S79Y4'31'E room b eEeAR waWA6E S8415'33'E ._._ax_ -s =16 3j IN 40.1.40' US, F HIGHWAY VWO) R.O.W. �ar LEGEND 734 PLATTED ADDRESS (U. S. HIGHWAY 6) GRAPHIC SCALE 9 SET PIN k CAP LS #24325 D FOUND PIN @ CAP t gib) n LAND USE SUMMARY LOT ACREAGE USE 1 2.097 ACRES COMMERCIAL 2 1.297 ACRES MULTI -FAMILY 3 1.315 ACRES MULTI -FAMILY TOTAL 4.709 ACRES BROOKSIDE RESIDENTIAL FIRST FLOOR PLAN CONCEPT AUGUST 15, 2011 DAR&Y ARCHITECTS BROOKSIDE PARK A NmaarmUun+ ECO J'LE X HVji a BROOKSIDE RESIDENTIAL SECOND FLOOR PLAN AUGUST 15, 2011 DAR&Y ARCHITECTS BROOKSIDE PARK A NmaarmUun+ ECO J'LE X HVji a MAIN LEVEL FLOOR AREA 1,759 SF BROOKSIDE RESIDENTIAL UNIT 203 FLOOR PLAN DAR&Y ARCHITECTS AUGUST 15, 2011 BROOKS IDE PARK A NmaarmUun+ ECO J'LE X HVji a DECK m MASTER BEDROO — —I M. CLO. M. BA MECH/LD C 1 TH "I i 0 KITCHEN FOYER DECK 11-1 LIVING ROOM 0 DEC MAIN LEVEL FLOOR AREA 1,479 SF BROOKSIDE RESIDENTIAL UNIT 206 FLOOR PLAN DAR&Y ARCHITECTS AUGUST 15, 2011 Q �r-,r�Le Q, nc� aA a Le A NmaaryvUun+ ECO J'LE X HVji a A,REA 1,847 SF BROOKSIDE RESIDENTIAL UNIT 207 FLOOR PLAN DAR&Y ARCHITECTS AUGUST 15, 2011 BROOKSIDE PARK A NmaarmUun+ ECO J'LE X HVji a EXHIBIT C Brookside Park PUD Guide as Exhibit A to Ordinance 96-8 (existing approved version) The following Planned Unit Development Guide will serve as the governing regulations which will control development on Lot 1, Eaglewood Subdivision, known as the Brookside Park PUD. This PUD Guide is intended to become a part of the Brookside Park Planned Unit Development and serve as the "Zone District Regulations" for the PUD as required by Section 17.20.110.1 of the Municipal Code of the Town of Avon. The Brookside Park PUD authorizes a total 54 dwelling units and 30,000 useable square feet of commercial space on 4.7 acres of land within the Town of Avon, Eagle County, Colorado. Development within the PUD is administoe e Town of Avon through the provisions of this PUD Guide. Building c within the PUD is governed by the applicable Town of Avon ordin ad regulations. Intention The intention of the Brookside Park PUD 4ampus or an architecturally integrated mixed use residential and co with appropriate uses, development standards and regulato B. Definitions All terms used in this PUD de ha s defined in Chapter 7, Development Code of the Town of Avon ode unless otherwise defined in this section of the PUD Guice C. 1. ult' e FaNily dwelling units including townhomes, c miniums and apartments. D. All e ses by Right — Commercial Builg A contains 30,000 useable square feet that is designated as commercials ace. The following uses are allowed within the areas designated as commercial on the Building A floor plans that are incorporated within this PUD Development Plan. 1. Professional Offices including Design Studios 2. Medical Outpatient Offices 3. Retail/Wholesale Furniture Stores and Showrooms 4. Retail/Wholesale Home Furnishing Stores and Showrooms 5. Retail/Wholesale Architectural Products Stores and Showrooms 6. Retail/Wholesale Household Appliance Product Stores and Showrooms 7. Antique Stores and Showrooms 8. Art Galleries/Frame Shops 9. Restaurants E. F. G. H. Allowable Uses By - General 1. Recreation Amenities including swimming pools and hot tubs Special Review Uses 1. Home Occupations 2. Retail Stores not specifically listed as a Use by Right. 3. Church 4. On -Site Rental Office Accessory Uses 1. Interior and Exterior uses customarily accessory to residential and Commercial uses shall be allowed. Development Standards Maximum Density: 54 dwelling s Maximum Useable Commercial 00 Square Feet Building Height: 60 feet Minimum Building Setbacks: Front: 25 Feet Side: 7.5 FOiciDalCode. Zk1V\** Rear: 10 Fe Eagle River:s defined in Section 17.50.110 of the To etbac s shall apply to the PUD perimeter T only. Internal lines created for phasing ion of for individual unit ownership shall not apply. Coverage: 50% lscape Area: 20% .tial: 2 spaces per dwelling unit 10 guest spaces Commercial: 4.3 spaces per 1,000 square feet of useable floor area Exhibit D Brookside Park PUD Guide as proposed for revision June 2012 (revisions indicated in a strikethrough/underline format) The following Planned Unit Development Guide will serve as the governing regulations which will control development on rot 1, g.,gleux,,„a Sub -di -vision, Brookside Park, A Resubdivision of Lot 1. Eaglewood Subdivision. Town of Avon. Eagle County. Colorado, known as the Brookside Park PUD. This PUD Guide is intended to become a part of the Brookside Park Planned Unit Development and serve as the "Zone District Regulations" for the PUD as required by Section 17.20.110.1 of the Municipal Code of the Town of Avon. The Brookside Park PUD authorizes a total X4-78 dwelling square feet of commercial space on 4.7 acres of land withii County, Colorado. Development within the PUD is adm* Avon through the provisions of this PUD Guide. Buil g c PUD is governed by the applicable Town of Avon Intention The intention of the Brookside P integrated residential or mixed use appropriate uses, development, B. Definitions All terms used in this Code of the Town of section of the C. d 30,000 useable of Avon, Eagle e Town of [on within the and regulations. e for an architecturally and commercial campus with egulatory controls. 1 be as defined in Chapter 7, Development Code unless otherwise defined in this PlulW#le Family dwelling units including townhomes, condominiums and apartments. D. Allowable Uses by — Commercial Building A contains 30,000 useable square feet that is designated as commercial space. The following uses are allowed within the areas designated as commercial on the Building A floor plans that are incorporated within this PUD Development Plan. 1. Professional Offices including Design Studios 2. Medical Outpatient Offices 3. Retail/Wholesale Furniture Stores and Showrooms 4. Retail/Wholesale Home Furnishing Stores and Showrooms 5. Retail/Wholesale Architectural Products Stores and Showrooms 6. Retail/Wholesale Household Appliance Product Stores and Showrooms 7. Antique Stores and Showrooms 8. Art Galleries/Frame Shops 9. Restaurants E. Allowable Uses By Right General 1. Recreation Amenities including swimming pools and hot tubs F. Special Review Uses 1. Home Occupations 2. Retail Stores not specifically listed as a Use by Right. 3. Church 4. On -Site Rental Office G. Accessory Uses 1. Interior and Exterior uses customarily a sso o residential and Commercial uses shall be allowed. H. Development Standards Maximum Density: 54 dw Maximum Useable Comme 30,000 Square Feet Building Height: t Minimum Building ack Front: 25 e Side: t Rear: et 30 Feet as defined in Section 17.50.110 of e To o Avon Municipal Code. Bu g setbacks shall apply to the PUD perimeter erty line only. Internal lines created for phasing delineation of for individual unit ownership shall not apply. Maximum Site Coverage: 50% inimum Landscape Area: 20% Parking: Residential: 2 spaces per dwelling unit 10 guest spaces Commercial: 4.3 spaces per 1,000 square feet of useable floor area I. Density Allocation Lot 1, Brookside Center 24 dwelling units Lot 2 The Lodge at Brookside Park 40 dwelling units Lot 3 The Townhomes at Brookside Park 14 dwelling units J. Brookside Center The Brookside Center building may consist of up to 30,000 square feet of useable commercial space or as a residential building of up to 24 dwelling units, or may be commercial on the first floor and residential on the second floor. EXHIBIT E PYLMAN 6L ASSOCIATES MEMORANDUM TO: Jared Barnes FROM: Rick Pylman DATE: August 15, 2012 RE: Brookside Park As we discussed earlier today, the purpose of this memo is to provide some additional information on several topics that were discussed and left unresolved at the Planning Commission hearing of August 7. As I was not able to attend the August 7 hearing I appreciate the thorough update you have provided regarding the discussions that occurred. Specifically, the topics covered in this memorandum are: • Water rights • Partial conversion density and parking analysis • The dwelling unit per acre discussion • Public benefit Water rights The applicant understands that any conversion from office to residential will increase the water demands of the building and therefore require additional water rights. As all water rights originally associated with the property were dedicated to the Town of Avon long ago, at the time of annexation, there are no additional water rights still associated with the property. As such, it is assumed that the water rights dedication will occur as a cash -in -lieu payment. The exact amount will be determined by a fixture count at the time final detailed plans are approved. We believe the general assumption in the staff report is correct and that the dedication amount will be in the range of 10-14 SFEs of indoor consumption and likely with somewhat less of an outdoor irrigation increase. This is typically an issue that is understood at this level of review and addressed in detail at the Final PUD level of review. Of note, Brookside Park earned several water savings credits under the LEED EB Certification it was awarded in 2010 so hopefully, our net need for more water will be minimal. 137 Main Street, Suite C107W Edwards, Colorado 81632 Phone: (970)-926-6065 Fax: (970)-926-6064 Email: rick -'.4 pylman.com Partial conversion The PUD Amendment application does request the opportunity to make a partial conversion of the commercial space. If a partial conversion were to occur it would be a conversion of the second floor space to residential. A mixed use building has a somewhat different character than a single use residential building and we assume that a partial conversion would be more along the lines of live/work housing and/or would be designed to be more attainable and local resident oriented. Therefore we believe the units may be somewhat smaller than indicated on the full conversion concept plans. A maximum residential density of sixteen (16) dwelling units is proposed for a partial conversion. This would leave the building at approximately 15,000 square feet of commercial and sixteen (16) units of residential. This density limitation can be easily documented in the proposed PUD Guide. The existing site includes thirty-seven (37) garage parking spaces and eighty-eight (88) surface spaces for a total of one -hundred and twenty-five (125) parking spaces. The parking demand for a partial conversion at sixteen (16) dwelling units would be: Commercial at 15,000 square feet at 4 spaces per 1000 = 60 parking spaces Residential at 16 units x 2 per unit = 32 parking spaces Guest parking at 5 spaces per 16-20 units = 5 parking spaces Total requirement 97 parking spaces This would allow a conversion of up to twenty eight (28) parking spaces to landscape area. It is likely that either conversion design would include some additional parking beyond the minimum standard. A concept plan for the partial conversion that indicates some parking conversion to landscape area is attached for review. No garage parking spaces would be lost in either conversion scenario. Unit per acre discussion Apparently there was some discussion about whether there was any Town requirement specifying a maximum dwelling unit per acre density for this site. The property was zoned RHDC and designated for 20 units per acre when the existing PUD was proposed in 1995. At that time, unlike the current land use code, the Avon Land Use Code did not retain the underlying zone district when a PUD was established. The Future Land Use Map designates the office building as Neighborhood Commercial. This is not a very accurate depiction of the existing use, nor is there any discussion at all in the document to indicate this is an expression of a desire for the office building to become a neighborhood oriented commercial use in the future. It is likely that as there is no pure office designation in the legend of the FLUM that this designation was used because it was the only designation that was somewhat close to the existing condition. The density associated with this designation does not seem applicable to this specific proposal. 137 Main Street, Suite C107W Edwards, Colorado 81632 Phone: (970)-926-6065 Fax: (970)-926-6064 Email: rick@pylman.com The Avon Comprehensive Plan includes this property within District 20: River Residential District. Residential is the predominate use in the district, with the exception of the Brookside Park office building. Residential use on this site seems well supported by the Comprehensive Plan. The proposal for a maximum of twenty-four (24) units on two (2) acres, which equates to twelve (12) units per acre seems appropriate to the existing neighborhood. The immediately adjacent Sunridge Phase II is approximately twenty (20) units per acre. The Lodge at Brookside exists at thirty-three (33) units per acre and the Townhomes at Brookside density is just over ten (10.7) units per acre. The proposed twenty-four (24) units on 2.097 acres equates to twelve (12) units per acre. Public Benefit Section 7.16.060(b)(5), Public Benefit, states: "A recognizable and material benefit will be realized by both future residents and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be infeasible or unlikely" When the Brookside PUD was established significant public benefits were provided in the form of three (3) deed restricted housing units, a regional riverfront trail was constructed and easements were provided, and a four foot wide pedestrian path along Highway 6 was constructed from the Brookside driveway east to the intersection of West Beaver Creek Boulevard. The path lies within the Highway 6 right-of-way across the length of the adjacent Sunridge property. I understand there was some discussion regarding the status of this pedestrian path. This path remains in place today and serves the existing uses very adequately. The pedestrian path was designed at a four foot width in conjunction with the Town of Avon engineer in order to respect Sunridge property boundaries, to avoid removal of mature trees on the Sunridge property, to minimize utility impacts as there are extensive utility lines in this area, and to avoid extensive retaining walls in the Highway 6 right of way. The 1997 engineering plan for this path is attached to this memo. This proposal does not expand the land area or the building square footage of the existing PUD; it merely provides an opportunity to convert a commercial land use to a residential land use. We believe the proposed residential land use has a lesser impact on the community than the existing commercial land use. The applicant believes that the public benefit that was provided at the establishment of the PUD remains appropriate and sufficient. Again, thank you for the update on the August 7 discussion. If you need any additional information please let me know. Thank you for the attention to this application. It is a pleasure to work with the Town of Avon staff. Attachments: 1997 AEI Pedestrian Path Plan Mixed Use Conversion Concept Site Plan 137 Main Street, Suite C107W Edwards, Colorado 81632 Phone: (970)-926-6065 Fax: (970)-926-6064 Email: rick@pylman.com f 7"! Xs, � h � i _. .^;. ih Y� y ... � ... �II L— c r O N O UD 4 O 0 m r 0 7� X m O v m n O m O Z r 0 / O 7 m cn m r z 0 ' v CIO) I IIN �\� JA IN It I p $r � a T�. I n I �\It BROOKSIDE PARK PEDESTRIAN PATH ENGINEERING INC Exhibit F AVON PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECOMMENDATIONS CONCERNING THE PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT APPLICATION FOR BROOKSIDE PARK PUD The following findings of fact and recommendations are made in accordance with Avon Municipal Code Section 7.16.060(e)(3): 1. Application Submitted. A preliminary PUD Application (the "Application"), consisting of an Amended Planned Unit Development Guide for Brookside Park ("Amended PUD Guide"), was submitted to the Community Development Department of the Town of Avon (the "Town") on June 20, 2012 by Rick Pylman of Pylman & Associates, representing the owners of the Brookside Center building (the "Applicant"). 2. Determination of Completeness. Pursuant to Avon Municipal Code ("AMC") §7.16.020(c)(1), a determination of completeness was submitted to the Applicant by phone from Jared Barnes of the Community Development Department on June 29, 2012, within ten (10) days of the application submittal. 3. Referral to other Agencies. The Amended PUD Guide was referred electronically via the Town's website, www.avon.org/referral to other agencies for review and comment on July 17, 2012 pursuant to AMC §7.16.020(c)(2). The following agency was notified for referral: Town of Avon Engineering Department. 4. Notice of Public Hearing. On July 27, 2012, pursuant to §7.16.020(d), a notice of public hearing was published in The Vail Daily for the August 7, 2012 Planning & Zoning Commission meeting to review the Brookside Park Preliminary Planned Unit Development application. In addition a mailed notice was sent to all property owners within 300 feet of the property boundaries. 5. Staff Report to PZC. Jared Barnes submitted a Staff report to the PZC dated August 3, 2012. 6. Preliminary Public Hearing before the Planning and Zoning Commission. On August 7, 2012 the PZC held a public hearing on the Application. 7. Continued Preliminary Public Hearing before the Planning and Zoning Commission. On August 21, 2012 the PZC held a continued public hearing on the Application. The PZC took action to provide the following recommendations, findings, and conditions to the Town Council: FINDINGS OF FACT AND RECOMMENDATIONS BROOKSIDE PARK PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT Page 1 of 2 RECOMMENDATIONS: The PZC recommends that Town Council APPROVE the Brookside Park Preliminary Planned Unit Development Amendment based on the following specific findings and with the conditions set forth below: Specific Findings: (1) The PUD is established and the previously provided public benefits satisfy the requirement for public benefits as outlined in §7.16.060(b)(5); (2) The reduction in surface parking and addition of a pocket park and/or landscaping is a public benefit for the residents of the Brookside Park PUD; and, (3) The PUD amendment meets the review criteria for a Preliminary PUD as outlined in §7.16.060(e)(4). Conditions: (a) The proposed PUD Guide be amended to limit the number of residential units allowed to sixteen (16) only in the instance the second story converts to residential uses, while the first floor remains commercial. (b) The proposed PUD Guide section H be amended to clarify the requested maximum density of seventy-eight (78) dwelling units. THESE FINDINGS OF FACT AND RECOMMENDATIONS ARE HEREBY APPROVED: BY: Chris Green, Planning and Zoning Commission Chairperson DATE: FINDINGS OF FACT AND RECOMMENDATIONS BROOKSIDE PARK PRELIMINARY PLANNED UNIT DEVELOPMENT AMENDMENT Page 2 of 2 ^' Memorandum TO: Planning and Zoning Commission CC: Eric Heil, Town Attorney; Larry Brooks, Advisor FROM: Matt Pielsticker, Planner II RE: Village (at Avon) Final PUD DATE: August 17, 2012 Summary: This memorandum provides updates on various topics related to the Village (at Avon) Final PUD application. This application was reviewed and continued from your August 7, 2012 regular meeting and August 13, 2012 special meeting. Attached to this memorandum are several documents referenced herein. Supplemental Hotel Design Standards for Planning Area J. At the August 13, 2012 meeting a draft of revised standards was discussed. Staff was directed to remove standards that were found to be subjective; add other objective articulation standards; and restructure the section such that permitted and prohibited standards were better organized. Once edited and reorganized, the strikethrough version of the standards was difficult to interpret; therefore, a clean copy of the revised standards is attached. School Site. This topic has been discussed at past meetings and deferred in order to afford the Eagle County School District (ECSD) the opportunity to attend and present updated district information. Tom Braun, representing ECSD, will make a presentation at your August 21, 2012 meeting. A Summary of ECSD Land Needs, dated August 16, 2012 is attached for your review. Staff was also asked to bring back further information with respect to existing easements and restrictions related to the proposed Planning Area E. Attached to this memorandum are the following: memorandum from Meredith Van Horn dated June 15, 2012 explaining easements on Planning Area E, and an updated exhibit showing easements and slopes. Staff estimates that of the 3.536 acre school site, the easements consume approximately .83 acres and the area fronting Post Boulevard over 30% slope totals .37 acres — leaving approximately 2.34 acres of relatively flat buildable land. Access to Planning Area I. The conceptual road and trail access study prepared last year for Town Council was provided to PZC via e-mail. It is also available for review on the Town's website at www.avon/referral. Harvey Robertson, RMT Architects, representing the owner, will present this information at the meeting on Tuesday night. Findings of Fact. A draft of the Findings of Fact is attached to this memorandum. The draft includes all action and recommendations on the Final PUD application thus far, and includes placeholders for items yet to be fully addressed. The findings from the Preliminary PUD are highlighted in red text, and included for your information as they may be helpful when revisiting the same topics. Additionally, Staff has provided recommended findings in green. Status Reports. Attached are the most recent Status Reports filed by the Town, BNP Paribas, and Traer Creek. Of interest to PZC is a letter from Brandee Caswell of BNP Paribas, dated August 16, 2012, discussing Final PUD PZC hearings to date. Please take the time to review the reports and letter. August 21, 2012 PZC Meeting — Village (at Avon) Final PUD 9. Supplemental Hotel Design Standards: Plannine Area J Hoteh Motel and Lodge Requirements. The following supplemental design and improvement standards shall apply to any Hotel, Motel and Lodge Uses developed within Planning Area J ("Supplemental Hotel Design Standards") in addition to other applicable design standards set forth in this PUD Guide and the minimum Design Review Guidelines set forth in Exhibit E. Compliance with these Supplemental Hotel Design Standards shall be confirmed by the Design Review Board and the Director prior to issuance of any building permit for a Building designated for Hotel, Motel and Lodging Uses. Variance to these Supplemental Hotel Design Standards may be considered and approved through the Alternative Equivalent Compliance process set forth in Section [CITE SECTION]. The Supplement Hotel Design Standards are set forth as follows: A. Exterior Building Materials and Color Requirements: (i) A minimum of 20% of the vertical surfaces on each side of the exterior building elevation shall be comprised of stone, brick or precast concrete architectural stone. (ii) Indigenous natural or earth tones such as brown, tan, grey, green, blue, or red in muted, flat colors with an LRV (Light Reflective Value) of sixty (60) or less. (iii) All window frames shall be metal clad or alloy extrusions. (iv) Pitch roofs shall be unglazed concrete tiles, slate, copper, zinc or standing seem rusty metal (CorTen or equivalent). B. Prohibited Exterior Building Materials and Colors: (i) Neon, Day-Glo, florescent, reflective and non -earth tone colors are prohibited. (ii) Asphalt siding, imitation brick, asbestos cement shingles or siding, imitation log siding, aluminum, exterior insulated finishing system (EIFS), plastic and vinyl siding are not permitted. (iii) Reflective glass shall not be permitted. C. Roof Requirements: (iv)all primary pitched roofs and secondary shed roofs shall have pitches of no less than four -to -twelve (4:12). (v) Overhangs are required on pitched roofs. The minimum overhang length (measured from the point where the wall meets the roof) is eighteen inches (18") for structures two (2) stories or less; is twenty-four inches (24") for three (3) and four (4) story buildings; and, thirty-six inches (36") for buildings exceeding four (4) stories. (vi) Flat roofs shall have concrete pavers or natural colored stone as ballast, provided that grass roofs and solar and thermal collectors are permitted. (vii) Roof top vegetation is limited to a maximum height of twenty (20) feet. (viii) All mechanical..communications, and electrical equipment (wall and roof mounted) shall be screened from view of the adjacent street level with siding and/or roofing materials consistent with the structure. All vent terminations, flashings, flues, safety apparatus and similar features shall utilize adjacent materials. D. Articulation Requirements: (i) The use of dormers (shed, peaked, or eyebrow) shall be used to break up large expanses of roof to add visuai ince e f such that there shall be a minimum of one such dormer feature for every forty (40') of horizontal roof plane. (ii) Walls shall not span more than fifty (50) feet horizontally without a minimum two (2') variation in the horizontal wall plane. Walls shall not span more than thirt 30' on any floor level without a minimum of one (1) wall penetration b. a window. The following draft standards were removed per direction received at the August 13, 2012 meeting: • The primary entrance of the primary structure must face the adjoining public street. • The use of stone in a rustic style are prohibited. • Where primary building walls exceed three (3) stories or forty-five (45) feet in height, as measured from finished grade to the underside of the eaves, building form shall step back at least eight (8) feet in depth and such step back shall occur between twelve (12) feet and forty-five (45) feet above the finished grade. • All doorway and entryways shall provide protection from sloughing snow or ice, be well lit without light pollution, and offer a spot for pedestrians and bicycle traffic to gather. • The division of large windows shall be consistent with the shape and geometry of the overall window structure. • All Window Glazing Shall be clear or tinted in harmony with the environment. MEMORANDUM TO: Honorable Mayor Carroll and Town Council Members CC: Patty McKenny, Acting Town Manager, Larry Brooks, Town Advisor; Matt Pielsticker, Planner II; and Justin Hildreth, Town Engineer. THRU: Eric Heil, Town Attorney FROM: Meredith Van Horn, Assistant Town Attorney RE: Utility Easements — Planning Area E/Lot 3 Village (at Avon) Filing 1 Re -Subdivision DATE: June 15, 2012 Summary: This memorandum summarizes the encumbrances of utility easements on Planning Area 3/proposed Lot 3, Filing 1, Village (at Avon). There are two utility easements on Planning Area E, otherwise known as Lot 3 on the Village (at Avon) Filing 1 Re -subdivision plat. Although both easements are for utilities underground, both contain provisions that limit the use of the property and the improvements that may be built above ground. Holy Cross Underground Right -of -Way Easement, Reception No. 799223: This easement is ten feet in width and is to be used "to construct, reconstruct, repair, change, enlarge, re -phase, operate, and maintain an underground electric transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in connection therewith, together with associated equipment required above ground, within the above mentioned lands." Holy Cross may install underground or pad -mounted facilities within the easement. The Grantor, Traer Creek -RP LLC, must "insure that splice vaults, switchgear vaults and transformer vaults installed hereunder on said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at all times." In addition, the Grantor has the following responsibilities: • May not alter the ground surface within ten (10) feet of the "splice, switchgear and transformer vaults, nor along the power line route between the vaults." • Keep the ground surface grade near the transformer and switchgear vaults at six (6) inches below the top of the pad and even with the top of the pad at the splice vaults. • The splice vaults manhole opening must be uncovered at all times. • Any improvements or landscaping "in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors." • The ground surface within ten (10) feet of the transformer and switchgear doors must be "flat, level and free of improvements, landscaping, and other obstructions." • Improvements and landscaping must "be kept a minimum of four (4) feet from non - opening sides and backs of said transformers and switchgear." Heil Law & Planning, LLC Office: 303.993.4608 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E -Mail: meredith@heillaw.com Avon Town Council Planning Area E/Lot 3 Utility Easements June 15, 2012 Page 2 of 2 Public Service Company of Colorado Gas Easement, Reception No. 201112314: This easement allows the PSCo "to access, construct, install, operate, repair, remove, replace, reconstruct, alter, relocate, patrol, inspect, improve, enlarge, remove, and maintain gas pipelines, with necessary and proper valves, manholes, and other appurtenances and devices used or useful in connection therewith." This is a 25 foot easement. The Grantor, Traer Creek -RP, LLC, may not: Erect "temporary or permanent buildings, structures (including without limitation any mobile homes), or wells." • Allow "other objects [to] be erected, placed, or permitted to remain on, under, or over Premises by Grantor, which will or may interfere with the Facilities installed." However, the Grantor "reserves the right to use the Premises for any purpose which does not interfere with or endanger the Facilities or interfere with the Company's use of the Premises as provided for herein." Specifically, the Grantor's reserved rights include: • The right to "ingress and egress over and across the surface" of the easement. The right to "construct, maintain, improve, or reconstruct Site Improvements" on the easement "so long as the Site Improvements are designed, constructed, located, maintained, operated and used in a manner which does not interfere with the Company's Facilities or the exercise of the Company's rights under the Easement." Site improvements are defined as: "improvements for the use and benefit of the property on which Premises is located, and includes, but is not limited to: underground utilities, paved roadways, curb and gutter, sidewalks, and related signs." Temporary or permanent buildings and structures are excluded. PSCo must give its consent to allow the Grantor to build any site improvements, alter the ground elevations, or change the soil compaction. Of note is the fact that TCMD is a third party beneficiary of the easement in relation to the protection of its interest in the roadway improvements on Village (at Avon) Filing 1. Thank you, Meredith s $"O oEs � Post Blvd 1s U > e vif yr , co .s na coO y+ in �'v 4 �� 1 �� •�� + � 4Y 4Pf �' ! 7 a l �+ � Fs'•'J }I 1, 11`'�ry '.d . Lf) s ca ca o rn W cLj0� Q2 ' qj +40 416 . .� gyrks i ..,, y - rdl r �' C r �/1►S _ Pa � is 1 p � +� fiJcu L'{ �� ` ?� +, D LU � � r- O U J W rn rn M. • �-_ m O L n d NAWK •! Z Ila e v SUMMARY OF ECSD LAND NEEDS TOWN OF AVON/AVON VILLAGE PUD August 16, 2012 Introduction This information is provided at the request of the Town of Avon relative to ongoing discussions regarding proposed amendments to the school dedication for Avon Village. Proposed amendments to the school dedication site were made in collaboration between the Town and Traer Creek (as articulated in the "Settlement Term Sheet") and have been formally proposed by Traer Creek as an element of an amended PUD Guide and Development Agreement. Information provided herein has been prepared by Tom Braun, Braun Associates, Inc., land planning consultant to the Eagle County School District (ECSD) and Denny Hill, Strategic Resources West, Inc., school demographer consultant to ECSD and District staff has also participated in the preparation of this summary report. Purpose of the Summary Report The purpose of this report is to provide information for the Town regarding the potential impact of the Avon Village project on the ECSD. This information, provided at the request of the Town, is intended to provide background in support of the District's previously stated position regarding the need of an adequate school dedication site to be provided within Avon Village. Specifically, this report addresses: • Overview of 2009 Long -Term Facility Demand and Property Analysis • Potential student impact from Avon Village • Potential student impact from other surrounding development • Current enrollment and capacities of surrounding schools • Changed conditions in the recent past • Report summary 2009 Long -Term Facility Demand and Property Analysis The purpose of the 2009 report was to determine, at a fairly general level, the adequacy of District land holdings to accommodate the future need for new school facilities throughout the District. The report included two main elements - an inventory of all District lands and facilities and an estimation of remaining residential development potential throughout the County. The later element was done with input from local jurisdictions, most specifically Eagle County and their recently completed build -out studies. The 2009 report did not attempt to forecast when development would occur, nor did it get exceedingly specific about defining precise locations for schools. It is also worth noting Town of Avon/Avon Village PUD Summary of ECSD Land Needs that due to the intense level of development in the West End of the District over the past ten years and the fact that the West End has greater potential for future development, more attention was given to the West End of the District. The report includes relatively "broad brush" recommendations for "West of Wolcott" and "East of Wolcott". At a broad level, recommendations for the East End were that up to seven elementary schools may be needed - one or two in Vail/Minturn, one each in the existing Meadow Mountain, Avon, June Creek and Edwards elementary school attendance areas, and a new site in Wolcott. Specific to Traer Creek, land or cash -in -lieu was mentioned as "Possible solutions". Potential Student Impact from Avon Village ECSD has gathered data on student demographics for many years. This data, among other things, includes average student generation rates per dwelling unit. This data has been gathered for the entire District and is generally based on individual school attendance areas. As can be expected, student generation rates vary throughout the District with second -home communities such as Vail and Beaver Creek having much lower generation rates than communities like Edwards or Eagle. In order to forecast the potential student impact from Avon Village student generation rates are applied to the number of housing units proposed by the project. Proposed Development In the District's experience in working on school dedications with large scale developments, Avon Village is very unique given the uncertainty about what the maximum number of dwelling units that may ultimately be and the lack of any definition regarding the type, 'character of units to be constructed. While a maximum of 2400 units is established by the existing PUD Guide, future units on PA -M (now PA -I) are proposed to be in addition to the 2400. Current amendments propose up to 280 units on PA -I and up to 855 units if a secondary access is established. Further, an amendment to not count "secondary units" (toward the 2400 maximum) in PA -K has been proposed. It is difficult to quantify with any precision how many units this may involve within PA -K, but is likely in the range of 100. In summary, while the PUD establishes 2400 as the number of units, with the "exceptions" described above the maximum number of units in the project could reach 3,255 and this number would increase if the secondary unit amendment is approved. For the purposes of forecasting future student impact from Avon Village, a maximum unit number of 2400 will be used. It should be noted that if proposed amendments are approved there would be a significant increase to the number of potential units. This would obviously affect student yield from the project and given this dramatic increase to units would also raise the question of whether the 7.3 acre school dedication should be revisited. The 7.3 acres was negotiated based on 2400 units. If the proposed amendments would allow up to 3,255 units a Town of Avon/Avon Village PUD Summary of ECSD Land Needs proportionate increase to the school dedication site should be provided as a condition of approval to these amendments. Potential Student Generation from Avon Village Per unit student generation rates vary throughout the District from a low of .165 students per unit to a high of over .5 students per unit. Two rates are considered relevant to Avon Village and the "East End" of the District- .165/unit - Red Sandstone Elementary attendance area (Vail) .373/unit - Battle Mountain HS attendance area (includes the entire "East End") Applying these rates to Avon Village would result in a range of 396 students to 895 students. It is acknowledged, however, that neither the very low end of the spectrum reflected in the Vail average nor the East End/BMHS average are likely to occur. An average of these generation rates has been used as a reasonable estimation of the student generation that could result from Avon Village. This would result in a .269 students per unit ratio, or 645 students. Student breakdown is as follows: Elementary - 353 students Middle 126 students High School -- 166 students Rationale could easily be made in support of using higher student generation assumptions and as such the student numbers indicated above are conservative. As a point of reference, the .269 generation rate used in this analysis is less than the average of the BMHS attendance area (.373) and is also less than the current Town of Avon average of .297 -- two valid benchmarks that could be used in this analysis. Regardless, even with these conservative estimates the conclusion regarding the potential impact of the project (as outlined below) are still the same. Potential Student Impact from Surrounding Areas New development that could occur outside of Avon Village (and outside of the Town of Avon) is an equally important consideration for the District and the potential for student generation from such developments must be considered in the context of the Avon Village discussion. Within the East End of the Valley there are a number of approved/unbuilt residential projects. In Edwards the number of remaining undeveloped lots in Singletree, the Homestead and Cordillera are significant. In addition, evolving projects like the West End and Eagle River Meadows involve hundreds of potential units. Exclusive of Avon Village, approved but undeveloped units remain in the Town of Avon. Potential development in Vail and Minturn are also a factor given those areas "feed" into Homestake Peak School. Town of Avon/Avon Village PUD Summary of ECSD Land Needs Potential new dwelling units in other areas of the East End could easily equal, if not exceed the 2,400 units planned for Avon Village and the potential student impact of these projects is likely to be comparable. These potential units must be considered in the context of school capacities. Enrollment/Capacities of Surrounding Schools Capacities and enrollments of surrounding schools are as follows: Current School Ca aci 1 Enrollment Available Ca aci Avon Elementary 410 237 173 Homestake Peak K-5 322 239 83 Homestake Peak 6-8 375 227 148 Edwards Elementary (2) 430 322 108 June Creek 500 299 201 Berry Creek 490 352 138 Battle Mountain HS 1,000 744 256 Notes: (1) ECSD is currently reviewing school capacities utilizing new methodologies for determining a "stressed" and "functional" capacity. This work is not yet completed, however it is not anticipated that capacities will change significantly from the capacities listed above. (2) Edwards Elementary is a 100° o Dual Language school that to some degree limits capacity utilization. Currently all surrounding schools are operating efficiently relative to capacities and enrollment. However, when considering the potential impact of Avon Village: • Elementary school students from Avon Village (353 potential) could utilize all remaining capacity in Avon Elementary, all remaining capacity in Homestake Peak (K-5), and 26% of the remaining capacity at June Creek Elementary. • Middle School students from Avon Village (126) could utilize 85% of all remaining capacity at Homestake Peak (grades 6-8). In summary, the impact of this one project could monopolize all remaining capacity in the elementary schools and nearly all remaining capacity of the middle school that currently serve the Avon area. This leaves no capacity for any other future development within the surrounding area. This demonstrates why the ECSD has been adamant about the potential need for a school site within Avon Village. Changed Conditions in Recent Past Approximately five years ago District representatives informed the Town that it would be unlikely that the District would need to construct a school within Avon Village. The 2009 Long -Term Facility Demand and Property Analysis, while listing either "land or Town of Avon/Avon Village PUD 4 Summary of ECSD Land Needs cash in lieu" as a possible dedication solution for Avon Village, did not specify Avon Village as a potential site for an additional East End elementary school site. Since that time however, a number of things have occurred that have directly influenced the District's long-term need for land. Changes to Avon Village PUD At the time the 2009 report was completed the potential units in Avon Village were discounted from the 2400 to 1800. In light of the applicant's proposed amendments to effectively increase the project density to 3,255, the existing maximum unit potential of 2400 is now being used to forecast student generation. Board Goals for Community Schools Community input received during budget hearings last year was in strong support of community/neighborhood schools. In response the Board made decisions to not close community schools as a means to addressing budget shortfalls. In essence this decision was a mandate, or "informal Board policy" to maintain neighborhood/community schools and to not create situations where kids are bussed outside of their immediate neighborhood. While in some cases this cannot be helped due to the geography of our valley, however with respect to Avon Village it reinforces the District's desire to have schools located within each community. Changes to Wolcott Project The 2009 Long -Term Facility Demand and Property Analysis indicated a need for at least one additional elementary school site in the East End. At the time the project contemplated in Wolcott was seen as a potential location for this site. The Wolcott project evolved and along with changes to other factors in the Wolcott area, it was determined that a school site at Wolcott is not viable (i.e., anticipated future development in the Wolcott area is not expected to be of sufficient scale to warrant a new school). The end result is students from Wolcott will likely be sent to Edwards's area schools, meaning Edwards's schools have diminished capability to accommodate any "overflow" from the Avon area. This also re-establishes Avon Village as a potential location for the additional elementary schools anticipated to be need on the East End. Report Summary It is the District's hope that this information will provide the Town with a greater understanding of why maintaining a school site for ECSD within Avon Village is so important. A few points to consider: Based on development and student generation assumptions outlined above, Avon Village would generate students that would utilize all remaining capacity at Avon Elementary and the K-5 portion of Homestake Peak. 85% of all remaining capacity at Homestake Peak (6-8) would be utilized and 26% of capacity at June Creek Elementary in Edwards would be utilized. This would leave virtually no remaining capacity for other future development in the East End. Town of Avon/Avon Village PUD Summary of ECSD Land Needs • This is not just about Avon Village; it is not just about the Town of Avon. ECSD must look comprehensively at its entire system of schools. This is particularly true given the scale of this development. An analogy would be how a traffic study is done to gauge the impact of a project. Not just traffic generated by the subject project is considered, a traffic analysis considers existing surrounding traffic and future traffic from surrounding areas in order to define potential impacts of the project. The District is doing the same thing in responding to Avon Village. Potential new development outside of Avon Village and in this situation how development is playing out in Wolcott is influencing the District's needs. • The magnitude of this project is enormous. 2400 units would make Avon Village one of the largest, if not the largest, planned community in the County. Given the scale of the project it seems odd to be debating the potential need for a school site within the development. That aside, the information provided herein provides the basis for this need. • The reality is that when Avon Village is developed the project will generate school children. Whether at school site is provided within the development or not, the District will find a way to accommodate students from Avon Village. This will involve utilizing capacity in Avon Elementary, then bussing students to Homestake Peak and ultimately to June Creek. As Wolcott and other surrounding developments occur over time it is expected that there will be a need for an additional elementary school in the East End. If a suitable school site is not provided in Avon Village the degree of irony will be astounding -- in that a new school would be constructed outside of the boundaries of the one project that will likely be creating the greatest need for the school, the end result being many Avon kids who cannot be accommodated locally will be bused. Town of Avon/Avon Village PUD Summary of ECSD Land Needs AVON PLANNING AND ZONING COMMISSION WAl 4 W Id - FINDINGS OF FACT AND RECOMMENDATIONS V O N CONCERNING THE FINAL PLANNED UNIT DEVELOPMENT AMENDMENT APPLICATION FOR THE VILLAGE (AT AVON) The following findings of fact and recommendations are made in accordance with Avon Municipal Code Section 7.16.060(e)(3): 1. Preliminary PUD Approval. A Preliminary PUD Application was approved by the Town Council on July 10, 2012. In accordance with AMC Section 7.16.060(e)(3) the approval of the Preliminary PUD granted the applicant the right to submit a final PUD development plan. 2. Town Staff Comments. Town Staff provided the Applicant with comments on July 17, 2012. A letter from Eric Heil, Town Attorney, provided additional follow-up comments on Version 10 of the Amended PUD Guide. Included in Staff s comments was a redline- strikethrough of the Amended PUD Guide with comprehensive language revisions and footnoted comments. Additional comments on the Street Standards and Final Plat were provided on July 20, 2012 by Justin Hildreth, Town Engineer. 3. Application Submitted. A Final PUD Application (the "Application"), consisting of an Amended Planned Unit Development Guide for the Village (at Avon), Version 14 ("Amended PUD Guide"), and accompanying Memorandum, was submitted to the Community Development Department of the Town of Avon (the "Town") on July 24, 2012 by Kimberly Martin, representing the owners of the Village (at Avon) property (the "Applicant"). 4. Application Forms Submitted. Harvey Robertson submitted the Final PUD Application (dated July 24, 2012) forms to the Town on July 30, 2012 via e-mail. 5. Notice of Public Hearing. On July 24, 2012, pursuant to §7.16.020(d), a notice of public hearing was published in The Vail Daily for the August 10, 2012 Planning and Zoning Commission meeting to review the Traer Creek LLC Village (at Avon) Final Planned Unit Development application. In addition to the published noticed, mailed notice was provided by Staff to all property owners within 300' of the Village (at Avon) property on July 24, 2012. 6. Staff Report to PZC. Matt Pielsticker submitted a Staff report to the PZC dated July 31, 2012. FINDINGS OF FACT AND RECOMMENDATIONS TRAER CREEK LLC VAA FINAL PLANNED UNIT DEVELOPMENT AMENDMENT Page 1 of 7 7. Public Hearing before the Planning and Zoning Commission. On August 7, 2012 the PZC held a public hearing on the Application. The PZC continued the public hearing for three (3) additional hearings: August 13, 2012, August 21, 2012, and August 27, 2012. PZC RECOMMENDATIONS: A. Vested Property Rights. The PZC recommends that Town Council APPROVE a 6 year extension to vested property rights based on the following specific findings and with the conditions set forth below: Findings: (1) The extended vested property rights are included in the settlement term sheet which were approved by the Town Council; (2) The extended vested property rights make up for lost development time; and (3) The extended vested property rights and inclusion of the sunset clauses could create a benefit to the Town and encourage economic development. (4) Prior conditions of "Master Developer" provisions have been met by the Applicant in Section H.1(b) of the Amended and Restated PUD Guide, and as drafted the Master Developer control over zoning will expire concurrently with the date of the six (6) year extended vested property rights. B. Planning Area J. The PZC recommends that Council APPROVE the change of park land on currently designated Planning Area N south to commercial and other development uses on proposed Planning Area J Condition: (1) The displaced 5.8 acres of park land from N south must be detailed by the applicant and materially equal to the usability of the current site. C. OS -5 and OS -6. The PZC recommends that the Council APPROVE the zoning modifications to OS -5 and OS -6 (now referred to as OS -9 and OS -10 respectively) as submitted. D. Hillside Density Increase. The PZC recommends that the Council APPROVE the modifications to the PUD Master Plan, indicating more developable primary/ secondary "estate" lots in Planning Area K. Conditions: (1) No changes to the Primary/Secondary definition. FINDINGS OF FACT AND RECOMMENDATIONS TRAER CREEK LLC VAA FINAL PLANNED UNIT DEVELOPMENT AMENDMENT Page 2 of 7 (2) Primary/Secondary will be limited to Planning Area K and RMF -1 exclusively, as approved in the Settlement Term Sheet. E. Dedication of Planning Areas B & C. The PZC recommends that the Council APPROVE the consolidation of Planning Areas B and C into one planning area. PZC recommends approval of the allowed uses, special review uses, prohibited uses, and all proposed development standards for Planning Area B. Finding: (1) Parking for Planning Area B must be cooperative between this property and adjoining properties. F. Hotel Design Standards. G. Road Access to Planning Area M. H. School Site Dedication. I. East Beaver Creek Boulevard. The PZC finds that phased construction of the road, now being referred to as "Main Street," is acceptable and recommend that Council APPROVE these modifications. Condition: (1) Adequate provisions for pedestrian facilities (ie. Sidewalk to nowhere) and preliminary level engineering must be required to mitigate impacts of phased developed and the lack of current pedestrian connections. J. Drainage Master Plan. The PZC recommends that Council NOT APPROVE the inclusion of the Johnson Drainage Plan. Finding: (1) Town Staff has not thoroughly reviewed the drainage study at this time, and it is not appropriate to require its inclusion "carte blanche". K. Administrative Subdivision. The PZC finds that the proposed new subdivision regulations do not provide for adequate review criteria and engineering documents for a new development; therefore PZC recommends that the Council NOT APPROVE the revisions. Finding: (1) The Settlement Term Sheet only contemplates Staff Approval for Lot 1 and Planning Area J. FINDINGS OF FACT AND RECOMMENDATIONS TRAER CREEK LLC VAA FINAL PLANNED UNIT DEVELOPMENT AMENDMENT Page 3 of 7 L. DRB Powers. The PZC recommends that Council APPROVE revisions to the VAA Design Review Board with the following conditions: (1) The Town has representation on the VAA Design Review Board; (2) Meeting notices are consistent with Town Design Review Board and PZC procedures (3) VAA Design Review Board meeting are open to the public, (4) Section J.10.A of the PUD Guide is removed from the proposed document; (5) Town oversight and review procedures as stated in Section I.7 of the 1998 Annexation and Development Agreement stay in effect; (6) The VAA Design Review Board meet at least once a month in a public meeting; (7) Adequate public notice of the meeting is required; (8) Town Council clarify the referral process as cited in I.7.(d) of the 1998 annexation agreement; (9) Town Council clarify the enforcement of the VAA Design Review Board and its decisions; (10) All VAA Design Review Board meetings include recording and reporting processes to the Town; (11) The proposed design and development of a proposed gateway entrance to the Town in planning areas J and the remainder of the zoning modifications should be available for public comment and be publicly noticed; and (12) The citizens of Avon should be heard on the proposed development, specifically those citizens directly adjacent to and`or within close proximity to each development area. M. Independent Design Review Board for Planning Areas K_and RMF -1. The PZC recommends that Town Council APPROVE an additional VAA Design Review Board for Planning Area K and RMF -1 as set forth in the PUD Guide. N. School Site Dedication. The PZC recommends that Town Council NOT APPROVE the school site dedication with the following findings (1) Split parcel configuration is not acceptable; (2) 7.3 acres based on public input previously heard is a reasonable size predicated on its location; FINDINGS OF FACT AND RECOMMENDATIONS TRAER CREEK LLC VAA FINAL PLANNED UNIT DEVELOPMENT AMENDMENT Page 4 of 7 (3) Development pattern of the PUD is not known at this time and moving the site off Lotl, Filing 1 is not preferred; (4) The existing gas line is an issue of safety and welfare; (5) The Town will have the responsibility of determining the user of the school site; (6) The site needs adequate access and egress from the site; (7) Planning Area I is not an adequate site due to proposed standard of development for ingress and egress; (8) The timing of the school site dedication is unknown and needs to be further addressed and identified; and (9) The spirit of Ordinance 06-17 regarding the development of a school site on Parcel G is not being followed O. Parkland P1 -P4: The PZC recommends that Town Council APPROVE the parkland modifications with the following specific findings and with the conditions set forth below: Findings: (1) The proposed PUD Amendment provides less parks on the valley floor west of Post Boulevard than originally approved in the 1998 PUD; (2) Existing Nottingham Park and Proposed Planning Area B can serve as destination parks and large parks for the Town; (3) The proposed PUD Amendment appears to result in a net loss of a half -acre in total open space. park area; (4) Further defining the 5.8 acres for A. C, D, and E will help address further conflicts. Conditions: (a) 5.8 acres should be moved from I, J and K to A, C, D, and E; (b) The definitions of Open Space and Parks need to be clarified and further defined; (c) The characteristics of parks as outlined in the AMC are not exempt from being applied to this PUD; (d) PZC questions the demand for large parks and recommends that linear or pocket parks are a more attractive option for the valley floor; FINDINGS OF FACT AND RECOMMENDATIONS TRAER CREEK LLC VAA FINAL PLANNED UNIT DEVELOPMENT AMENDMENT Page 5 of 7 (e) PZC accepts changing Planning Area N -south to commercial use; (f) Trails in -lieu of formally defined parks is recommended for Planning Area K and is consistent with Wildlife Plans. P. Review Schedule. Given the accelerated schedule PZC was not afforded sufficient time to review the breadth of proposed changes. Accordingly, the following list includes some, but not all, of the items that were not addressed by PZC: (1) Special Review Use process modifications; (2) Dedication of Open Space Tracts OS -9 and OS -10; (3) 135' height for Planning Area A; (4) Road Access and Standards for Planning Area I: (5) Increased Hillside Density, (6) Consolidation and dedication of Planning Area B. (7) Narrowed E. Beaver Creek Boulevard (now "Main Street"), (8) Administrative Subdivision Process; (9) Analysis of Planning Areas C, D. F, G, H, I, RN -IF -I and RMF-?: (10) Elimination of Commercial Square footage cap: (11) Village Residential to Mixed Use and Retail Zoning in valley floor; (12) List and understanding of Municipal Code exceptions in Exhibit G; (13) Monument Signage; (14) Master Developer concept, role, rights, duties, duration and impact on P[JD, (15) Wildlife Protection regulations and revisions; and, (16) Analysis of Mandatory Review Criteria from §7.16.06(e)(4). Q. Final PUD Recommendation. The PZC is RECOMMENDING X to the Town Council on the Final PUD amendment dated 7%24112 with the specific findings set forth below: FINDINGS OF FACT AND RECOMMENDATIONS TRAER CREEK LLC VAA FINAL PLANNED UNIT DEVELOPMENT AMENDMENT Page 6 of 7 Findings: Ity, THESE FINDINGS OF FACT AND RECOMMENDATIONS ARE HEREBY APPROVED: BY: Chris Green, Planning and Zoning Commission Chairperson DATE: FINDINGS OF FACT AND RECOMMENDATIONS TRAER CREEK LLC VAA FINAL PLANNED UNIT DEVELOPMENT AMENDMENT Page 7 of 7 TO: Honorable Mayor Carroll and Town Council Members; Planning and Zoning Commission Members CC: Patty McKenny, Acting Town Manager, Larry Brooks, Advisor; Scott Wright, Financial Director; Justin Hildreth, Town Engineer, Matt Pielsticker, Senior Planner FROM: Eric Heil, Town Attorney RE: Status Reports to Court regarding Status of Settlement Implementation DATE: August 17, 2012 Summary: Attached are Status Reports filed by the Town of Avon, BNP Paribas and the Traer Creek Parties. The content of the Status Reports provides a detailed account of the various parties positions with regard to matters related to the CARADA and PUD Guide at this point in the settlement implementation process. Thanks, Eric Heil Law & Planning, LLC Office: 303.975.6120 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E -Mail: eric@heillaw.com DISTRICT COURT, EAGLE, COLORADO P.O. Box 597, 885 East Chambers Road Eagle, Colorado 81631 Plaintiff: TOWN OF AVON, a Colorado home rule municipality Defendant: TRAER CREEK METROPOLITAN DISTRICT, a quasi -municipal corporation and political subdivision of the State of Colorado Plaintiff: TRAER CREEK LLC, a Colorado limited liability company; TRAER CREEK -RP LLC, a Colorado limited liability company; TRAER CREEK PLAZA LLC, a Colorado limited liability company; EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company; TRAER CREEK -HD LLC, a Colorado limited liability company; and TRAER CREEK -WMT LLC, a Colorado limited liability company Defendants: TOWN OF AVON, a Colorado home rule municipality, TOWN COUNCIL OF THE TOWN OF AVON, and INDIVIDUAL MEMBERS OF THE TOWN COUNCIL OF THE TOWN OF AVON — RONALD C. WOLFE, DAVID DANTAS, KRISTI FERRARO, AMY PHILLIPS, BUZ REYNOLDS, BRIAN SIPES, and RICHARD CARROLL, in their official capacities Intervenor -Defendant: BNP PARIBAS. a foreian corn. Additional Party: EAGLE COUNTY Attorneys for Plaintiff/Defendant Town of Avon: Name: Dean C. Heizer, #20679 Kevin C. Paul, #20941 Cynthia A. Coleman, #34217 Address: Heizer I Paul I Grueskin LLP 2401 15th Street, Suite 300 Denver, Colorado 80202 Phone Number: (303) 595-4747 Fax Number: (303) 595-4750 E-mail: dheizerLa�hpgfirm.com kpaul�2 hpgfirm.com ccoleman!a.hnafirm.com ♦ COURT USE ONLY Civil Action No: 2008CV385 0 Civil Action No: 201OCV316 CONSOLIDATED INTO Civil Action No. 08CV385 Division: 3 TOWN OF AVON STATUS REPORT The Town of Avon ("Avon" or the "Town") by and through its undersigned counsel, submits this Status Report in advance of the August 16, 2012 Status Conference as follows: 1. The Town of Avon is continuing to work towards implementing the Settlement Term Sheet. 2. PUD Amendment Application. The Avon Planning and Zoning Commission conducted a continued public hearing for Final PUD Review on August 13, 2012 for approximately four hours. The public hearing was continued to Tuesday, August 21, 2012 in accordance with the schedule previously submitted to the Court. The Town believes that substantive progress has been made with revisions to the PUD Guide document to conform to the Settlement Term Sheet and reconcile concerns of the Town; however, numerous material issues remain outstanding with regard to the PUD Guide document. The following list is not comprehensive, but highlights significant issues which are unresolved and material to amendments to the planned unit development document for the purposes of implementing the Settlement Term Sheet: A. Formal versus Administrative Amendment Process for Changes to Road Alignments. Based on discussions with representatives of the Traer Creek Parties, the Town is optimistic that this issue will be resolved. B. Restriction on Town's General Police Power Land Use Authority! after Expiration of the Vested Rights Term. The parties have not been able to resolve language clarifying the Town's ability to exercise its general police power land use authority over the property after expiration of the term of the vested property rights. Town does not believe it is possible to adopt zoning which restricts the Town's general police power land use authority forever and in perpetuity. Town agreed to extend the term of the vested property rights for six (6) years in the Settlement Term Sheet and the Town has cooperated in good faith to implement this term of the Settlement Term Sheet. C. Increase in Density. The Traer Creek Parties have proposed increases to the maximum allowable commercial density and increases to residential density in certain areas of the planned unit development. As stated previously by Mr. Munsey Ayers for the Traer Creek Parties, early in discussions last winter Eric Heil, Town Attorney, and Larry Brooks, Town Advisor, expressed support for elimination of density restrictions for land use planning reasons which Mr. Heil and Mr. Brooks explained at both Avon Town Council and Avon Planning and Zoning Commission public hearings. During the early discussions last winter Mr. Heil and Mr. Brooks were clear that such representations were not representations of the Town and that any such change to increase maximum allowable density would be subject to the public review process. The Avon Town Council did not support a change in the maximum allowable density for the Village (at Avon) planned unit development project when approving the Preliminary PUD with conditions on July 10, 2012. Changes in the maximum allowable density are included in the Settlement Term Sheet. This matter remains unresolved. In addition to changes to 2 the maximum allowable density the Traer Creek Parties have also proposed eliminating required ratios of residential to commercial uses which currently exist to mandate mixed- use projects within certain planning areas in the Village (at Avon). D. Subdivision Regulations. The Traer Creek Parties have proposed to set forth subdivision regulations within the PUD Guide which would supersede the Town's existing subdivision regulations, adopt criteria which differ from the Town's subdivision regulations, and restrict the ability of the Town to amend and apply future subdivision regulations on a regular and uniform basis throughout Town. The Town has cooperated in good faith to draft language which implements the terms of the Settlement Term Sheet concerning administrative subdivision review process for Lot 1 and planning areas immediately north of the I-70 interchange in the Village (at Avon). Material changes to the Town's subdivision regulations and restrictions on the Town's ability to amend and apply subdivision regulations on a general and uniform basis are not in the Settlement Term Sheet. This matter remains unresolved. 3. Consolidated Amended and Restated Annexation and Development A reement. The Avon Town Council conducted a special work session on August 14, 2012 to continue review Article 6 and to review Articles 1 through 4 of the CARADA with the other parties. The Avon Town Council has scheduled continued review of the CARADA for the August 22, 2012 regular meeting in accordance with the schedule previously submitted to the Court. The following list is not comprehensive, but highlights significant issues which are unresolved and material to amendments to the CARADA for the purposes of implementing the Settlement Term Sheet: A. CARADA Section_ 1.6: Cooperation in -Defending Legal Challenges. The other parties have proposed language which would expand the Town's obligation, including financial obligation, to cooperate to defend any legal challenge. The Town remains committed to a general good faith obligation to cooperate in defending any legal challenge, but seeks to clarify that such provision shall not create a financial obligation of any party to incur legal costs. Furthermore, the Town seeks to clarify that this provision shall not create any obligation on the Town to legally challenge a valid petition for referendum. The prospect of a term in the CARADA which allows a lawsuit within a lawsuit based on the theory that one party is not litigating enough on behalf of another party is the epitome of absurdity. B. CARADA Section 2.3: Vested Pro a Rights. The Traer Creek Parties have proposed material language changes which expand the definition of vested property rights, expand the definition of site specific development plans which are protected by vested property rights, adopt new rules regarding interpretations which clearly benefit the Traer Creek Parties and reduce the Town's authority and restrict the Town's municipal code to the code in effect on the date of adoption of the CARADA. These changes have the effect of reducing the Town's authority to impose regulations on a general and uniform basis as exists under the current Annexation Agreement. Such changes are not in the Settlement Term Sheet and are not acceptable to the Town. C. CARADA Section 4.2(e): Easement to Planning Area I. The Traer Creek Parties have proposed that the Town grant a relocatable roadway easement to Traer Creek to create a property interest for benefit of Traer Creek to cross forest service lands which may be acquired by the Town of Avon. Schedule 3 of the Settlement Term Sheet states that the PUD Plan will be amended to depict road access to Planning Area M. Town has performed that obligation many months ago by preparing an amended PUD Plan document which depicts a road access to Planning Area M. This issue remains unresolved. D. CARADA Section 4.2(f): Amendment of Cha ter 18 of Town Municipal Code. Town has proposed language which amends Chapter 18 of the Avon Municipal Code to make clear that provisions concerning material modification do not apply to the Traer Creek Metropolitan District. The other parties seek a more expansive exemption from the Chapter 18, which sets forth municipal regulations for oversight of metropolitan districts. This issue remains unresolved. E. CARADA, Art 6.: Definition of "Bond Requirements" and Art 6. Definition of "Net Proceeds." The other parties have proposed a definition of "Bond Requirements" and "Net Proceeds" which reduces the amount of bond proceeds which are issued that may be counted as "principal" against the agreed $96 million maximum principal amount for which the Town is obligated to maintain its tax credit until such amounts with interest are repaid. The Settlement Term Sheet only contemplated principal and interest and did not state, define or contemplate an expansive and discretionary list of other costs and bond proceeds that would not constitute "principal". This matter remains unresolved. The Town has not yet been able to propose alternative language, but intends to do so soon. F. CARADA Section 6.7: Urban Renewal Authority. The Traer Creek Parties have proposed terms which would restrict the Town's urban renewal authority in excess of the terms stated in the Settlement Term Sheet. This matter remains unresolved. G. CARADA Section _ 6.9: CARADA is Subject to Terms of Bond Documents. The other parties have proposed language which states that if the terms of the bond documents conflict with the terms of the CARADA, then the terms of the bond documents shall supersede and apply. This is a change from the existing Annexation Agreement and is not a term stated in the Settlement Term Sheet. Based on recent discussions, the Town believes that the parties may consider alternative language to address matters related to the approval of the CARADA in relation to the review and approval of bond documents which will follow approval of the CARADA; however, the Town remains extremely wary of loophole terms that allow subsequent agreements to control of the terms of the CARADA. Such arrangement exponentially compounds the 4 complexity in administration and interpretation of the documents as well as increases the potential for future legal disputes. H. CARADA Section 6.14: Internet Sales Tax. The other parties have proposed that Town agree to remit a portion of sales tax received from internet and remote sales. The Town's position is that the Town is unable to identify what portion, if any, of retail sales tax from internet sales are derived from the Village (at Avon) and that Town's obligation under the existing Annexation Agreement is only to provide a tax credit for that which the public improvement company is able to impose a fee. There appears to be no common ground on this matter whatsoever and the matter remains unresolved. This matter is not addressed in the Settlement Term Sheet. I. CARADA Section 6.22: Cit}, Market Sales Tax. Town has proposed provisions to address the potential loss of sales tax revenue from any future relocation of City Market to the Village (at Avon), as is currently set forth in the existing Annexation Agreement, but in a manner that is legally enforceable. The other parties have taken the position that Paragraph 2 of the Settlement Term Sheet should be interpreted as Town's agreement to waive any sales tax indemnification for both WalMart and City Market. The Town's position is that the existing controversy and settlement discussions included only the failure to pay sales indemnification for WalMart. Paragraph 2 of the Settlement Term Sheet addresses the imposition of .75% Add -On PIF Fee and states the purpose as. "Avon requires a reliable revenue source for potential growth to compensate Avon for:. . . (2) the sales tax indemnity; ...." The Town is continuing to evaluate its position on this matter, but notes that extending the release of sales tax indemnification to a future relocation of City Market to the Village (at Avon) was never discussed at any time during the settlement negotiations that lead up to the Settlement Term Sheet. 4. The Town does not desire to prejudge the outcome of final discussions concerning revisions to the documents which implement the Settlement Term Sheet; however, the Town recognizes a distinct possibility that the parties will not achieve a final resolution of the language on all documents by October 1, 2012. In such case, the Town may request that the Court enforce the Settlement Term Sheet and order each of the other parties to execute the necessary documents to implement the Settlement Term Sheet. Due to the complexity of the documents and nature of the matter, the Town intends to provide a detailed report with any such request which describes the manner in which each term of the Settlement Term Sheet has been implemented (or not implemented) and any remaining unresolved matters which are not set forth in the Settlement Term Sheet and which should be expunged by the Court from the final documents necessary to implement the Settlement Term Sheet. 5. The Town will attend the August 16, 2012 Status Conference via telephone and will make appropriate arrangements for a conference call. Dated this 16`x' day of August, 2012. Respectfully submitted, s/ Dean C. Heizer Dean C. Heizer Kevin C. Paul Cynthia A. Coleman HEIZER - PAUL I GRUESKIN LLP 2401 1P Street, Suite 300 Denver, CO 80202 Telephone: (303) 595-4747 Fax: (303) 595-4750 E-mail: dheizer(a?hpgfirm.com kpaul,Ahpgfirm.com ccolemanLi,hpgfirm.com ATTORNEYS FOR TOWN OF AVON CERTIFICATE OF SERVICE I hereby certify that on this 16th day of August 2012, a true and correct copy of the foregoing TOWN OF AVON STATUS REPORT was a -filed and served via Lexis Nexis File & Serve, addressed to the following: Brandee L. Caswell, Amber L. Abbuhl, & Katharine M. Gray FAEGRE BAKER DANIELS, LLP 1700 Lincoln Street, Suite 3200 Denver, Colorado 80203-4532 brandee.caswell ci faegrebd.com; amber.abbuhl'?z faevrebd.com: katharine.grgy(a.faegrebd.com Attorneys for BNP Paribas Frances A. Koncilja KONCILJA & ASSOCIATES, P.C. 800 - 18th Street, Suite 300 Denver, CO 80202 mailf ,,koncilia.com Attorneys for the Traer Creek Parties Ben M. Ochoa, Jaclyn K. Casey & Kristin M. Bronson ROTHGERBER, JOHNSON & LYONS LLP 1200 17th Street, Suite 3000 Denver, Colorado 80202-5855 bochoa'&rothgerber.com: jcaseydrothgerber.com, kbronso_ n(&rothgerber.com Attorneys for Traer Creek Metropolitan District Bryan Treu & Robert Morris Eagle County Attorney P.O. Box 850 500 Broadway Eagle, CO 81631 bn;an.treua:eaQlecounty.us; robert.morrisgeaglecounty.us Attorney for Eagle County Eric Heil HEIL LAW & PLANNING, LLC 2696 S. Colorado Blvd., Suite 550 Denver, CO 80202 ericheillawiapmail.com Attorney for Town of Avon Steven J. Dawes Sophia Tsai LIGHT, KELLY & DAWES, P.C. 1512 Larimer Street, Suite 300 Denver, Colorado 80202 sdawes`aA lkdac.com_stsai re Ikdpc.com Attorneys for Tows: ofAvon Corey Y. Hoffmann HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C. 1530 16th Street, Suite 200 Denver, CO 80202 cy hoffmannC&,hohc law.com Attorney for Wolfe, Ferraro, Phillips, Carroll, & Nottingham Underwood s/ Cynthia Coleman Cynthia Coleman A duly signed original is kept on file at the offices of Heizer I Paul I Grueskin LLP. DISTRICT COURT, EAGLE COUNTY, COLORADO P.O. Box 597 885 Chambers Avenue Eagle, Colorado 81631 ♦ COURT USE ONLY Plaintiff: TOWN OF AVON, a Colorado home rule municipality Case No. 2008CV385 V. Division 3 Defendant: TRAER CREEK METROPOLITAN DISTRICT, a quasi -municipal corporation and political subdivision of the State of Colorado Plaintiffs: TRAER CREEK LLC, a Colorado limited liability company; TRAER CREEK -RP LLC, a Colorado limited Case No. 2010CV316 liability company; TRAER CREEK PLAZA LLC, a Colorado limited liability company; EMD LIMITED LIABILITY (Consolidated into COMPANY, a Colorado limited liability company; TRAER Case No. 2008CV385) CREEK -HD LLC, a Colorado limited liability company; and TRAER CREEK -WMT LLC, a Colorado limited liability company V. Defendant: TOWN OF AVON, a Colorado home rule municipality Intervenor -Defendant: BNP PARIBAS, a foreign corporation Additional Party: EAGLE COUNTY TRAER CREEK PLAINTIFFS' STATUS REPORT Traer Creek LLC, Traer Creek -RP LLC, Traer Creek Plaza LLC, EMD Limited liability Company, Traer Creek -HD LLC, and Traer Creek -WMT LLC (collectively the "Traer Creek Plaintiffs") in these consolidated cases, through their respective counsel, submit the following Status Report. The Traer Creek Plaintiffs state as follows: The most recent meeting of the Avon Planning and Zoning Committee ("P&Z') occurred Monday evening, August 130'. The meeting lasted over six hours because the members of P&Z are under the misunderstanding that there is no binding settlement term sheet and appear to believe that they are commenting on whether or not the Town of Avon ("Town") should enter into the Settlement Term Sheet dated October 7, 2011 ("Settlement Term Sheet"), as opposed to how to implement the Settlement Term Sheet. This same attitude has been displayed at the earlier meeting of P&Z, as well as at meetings of the Town Council. In light of the current schedule and the limited extension of time agreed to by BNP to extend the credit facility, time is of the essence. The Traer Creek Plaintiffs are concerned that the representatives of the Town are not seriously and effectively and efficiently implementing the Settlement Term Sheet because several members of the Town Council believe that they can obtain a better "deal" for the Town by proceeding with the litigation. In the opinion of the undersigned, the Parties are in this very expensive litigation (expending funds and time and delaying development opportunities) because at least one current member of the Town Council and one former member decided to delay development in order to negotiate a different agreement than what the Town agreed to in the Annexation and Development Agreement. The Settlement Term Sheet involves compromise by all Parties and should be implemented. The packet that was submitted to the Town Council on Friday, August 10th, explains some of the Town's priorities as well as their allocation of scarce resources of time. The Town, relying on a memorandum prepared by Eric Heil, is considering a Tabor ballot proposal to allow the Town to incur debt to pay off the Credit PIF Cap, to dissolve Traer Creek Metropolitan District ("TCMD") and the Village Metropolitan District and to limit the Town's liability for any monetary award that might be made against the Town in this litigation. While there are some legitimate reasons for the Town exploring a refinancing option, any attempt to dissolve the districts or to deprive the Village of the opportunity to create additional districts, seriously limits the stream of revenue to build additional infrastructure. Any attempt to limit the ability of the Traer Creek Plaintiffs in securing payment of a judgment against the Town in the event of a successful decision at the trial is inappropriate and seems to indicate the Town is not seriously proceeding with implementing the Settlement Term Sheet. In the opinion of the Traer Creek Plaintiffs, these are irresponsible and reckless positions for the Town representatives to take, especially in light of the binding Settlement Term Sheet and in light of the amount of time and costs invested in implementing the Settlement Term Sheet, to date, by the Traer Creek Plaintiffs, TCMD and BNP. The Traer Creek Plaintiffs believe that it will be helpful for all parties for the Court to rule on the Traer Creek Plaintiffs' Motion for Determination of Question of Law filed on September 2, 2011, so that the Town and its professionals as well as all Parties can rationally evaluate the strength of their legal positions and evaluate, realistically, their options going forward. 2 Respectfully submitted, s/ Frances A. Koncilja Frances A. Koncilja, #4320 KONCILJA & ASSOCIATES, P.C. 800 18th Street, Suite 300 Denver, CO 80202 Telephone: (303) 675-0900 Facsimile: (303) 675-0401 fkoncilja;,tukoncilja.com ATTORNEY FOR TRAER CREEK PLAINTIFFS A duly signed original will be kept on file at the offices of Koncilja & Associates. P. C. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 16, 2012, a true and correct copy of the foregoing TRAER CREEK PLAINTIFFS' STATUS REPORT was electronically filed and served via LexisNexis File & Serve on the following: Dean C. Heizer Kevin C. Paul Cynthia A. Coleman Heizer Paul Grueskin LLP 2401 15th Street, Suite 300 Denver, CO 80202 Attorneys for Town of Avon Eric J. Heil (eriche i I I aw@gmai l.com) Heil Law & Planning, LLC 2696 South Colorado Boulevard, Suite 550 Denver, CO 80222 Attorneys for Town of Avon Corey Y. Hoffmann Hayes, Phillips, Hoffmann & Carberry, P.C. 1530 16th Street, Suite 200 Denver, CO 80202 Attorneys for Town Council of the Town of Avon Brandee L. Caswell Amber Abbuhl Faegre & Benson, LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver, CO 80203 Attorneys for BNP Paribas Steven J. Dawes Sophia H. Tsai Light Kelly & Dawes, P.C. 1512 Larimer Street, Suite 300 Denver, CO 80202 Attorneys for Town of Avon Ben M. Ochoa Jaclyn Casey Rothgerber, Johnson & Lyons, LLP 1200 17th Street, Suite 3000 Denver, CO 80202 Attorneys for Traer Creek Metropolitan District Robert L. Morris Bryan R. Treu Post Office Box 850 Eagle, CO 81631-0850 Attorneys for Eagle County s/ Caroline Crow Caroline Crow, Legal Assistant In accordance with CR C.P. 121, § 1-26(7), a printed copy of this document with original signatures is being maintained as stated above and will be made available for inspection by otherparties or the Court upon request. DISTRICT COURT, EAGLE COUNTY, COLORADO 885 Chambers Avenue, Post Office Box 597 Eagle, Colorado 81631 970/328-6373 ♦COURT USE ONLY Plaintiff: TOWN OF AVON, a Colorado home rule municipality Case No. 2008CV385 V. Division 3 Defendant: TRAER CREEK METROPOLITAN DISTRICT, a quasi -municipal corporation and political subdivision of the State of Colorado Plaintiffs: TRAER CREEK LLC, a Colorado limited liability company; TRAER CREEK -RP LLC, a Colorado limited Case No. 201 OCV316 liability company; TRAER CREEK PLAZA LLC, a Colorado limited liability company; EMD LIMITED LIABILITY (Consolidated into COMPANY, a Colorado limited liability company; TRAER Case No. 2008CV385) CREEK -HD LLC, a Colorado limited liability company; and TRAER CREEK -WMT LLC, a Colorado limited liability company V. Defendant: TOWN OF AVON, a Colorado home rule municipality Intervenor -Defendant: BNP PARIBAS, a foreign corporation Additional Party: EAGLE COUNTY Attorneys for Intervenor -Defendant BNP Paribas: Brandee L. Caswell, #30706 David W. Stark, #4899 Amber L. Abbuhl, #36601 Katharine M. Gray, #42331 FAEGRE BAKER DANIELS LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver, Colorado 80203-4532 Phone Number: 303/607-3500 Fax Number: 303/607-3600 E-mail: brandee.caswell(a hegrebd.com; david.stark(cr��faegrebd.com; amber. abbuhl(a_faegrebd.com; katie. erayWaegrebd. com BNP PARIBAS'S AUGUST 16, 2012 STATUS REPORT BNP Paribas (`BNP"), through its undersigned counsel, submits the following Status Report, consistent with the undersigned's statements during the August 9, 2012 status conference: Introduction 1. The undersigned attended the Planning and Zoning Commission ("PZC") hearing on the Amended PUD on August 7, 2012 as well as the special meeting of Avon Town Council on the evening of August 8, 2012 and stayed in Avon to attend to matters related to this case on August 9, 2012. As a result, the undersigned was unable to prepare a status report in advance of the August 9, 2012 status conference. This report therefore includes an update on events of both the week of August 6 and the week of August 13, 2012. 2. As discussed during the August 9, 2012 status conference, BNP plans to submit more frequent and detailed status reports to the Court from this point forward, in an effort to assist the parties in resolving specific issues arising during implementation of the Settlement Term Sheet. 3. Attached as Exhibit A is a letter which addresses (from BNP's perspective) several of the outstanding issues regarding Article 6 of the Consolidated, Amended and Restated Annexation and Development Agreement for the Village (at Avon) ("CARADA"). Article 6 contains most of the key finance issues which are the subject of the parties' settlement agreement. 4. At this week's Council hearing (which occurred on Tuesday, August 14, 2012), Council further discussed, but did not finally resolve the outstanding issues with regard to Article 6 of the CARADA. Council went on to address briefly the Town Attorney's proposed revisions to Articles 1-4 of the CARADA. A meeting between counsel for all parties will be held on August 22, 2012, to address (and hopefully resolve) outstanding issues on Articles 1-4 and 6 of the CARADA. The parties continue to await the Avon Town Attorney's comments on the remaining articles of the CARADA, which are needed as soon as possible. 5. Attached as Exhibit B is a letter which addresses (from BNP's perspective) several issues of concern related to PZC's ongoing review of the Final Amended PUD guide. 6. The list of documents required to implement the STS is very long. The status of several documents is unclear, but BNP plans to submit an updated list of those documents as well as their status to the Court in next week's status report. In the interim, the importance of the following documents merit immediate attention: a. Developer Advances list and back up documentation — Awaiting action and/or approval from the Traer Creek Plaintiffs 2 b. Avon comments on remaining portions of CARADA - Avon provided comments on Articles 1-4 and 5, others remain outstanding c. Closing Escrow Agreement Awaiting response from Avon d. Asphalt Overlay Agreement — Awaiting response from Avon e. Water conveyance deeds — Awaiting resolution of minor issues regarding retention / use of non -potable water by Avon f. Resolution from UERWA to rescind Moratorium — Awaiting draft from UERWA g. Form of Public Improvements Agreement (Exhibit F to CARADA) — Awaiting draft from Avon h. Add-on PIF Collection Services Agreement — Awaiting draft from TCMD and Traer Creek Plaintiffs 7. Progress toward implementing the Settlement Term Sheet ("STS") is occurring but the list of outstanding issues is too long at this stage of the process. Avon has included in its status report a list of issues which are outstanding to Avon. BNP's position relative to some of those issues is addressed in Exhibit A. BNP will provide a comprehensive response on the balance of those issues in next week's report. 8. In addition to the issues identified by Avon, there are a number of other outstanding issues to other parties, including the following (which is likely an incomplete list): a. TCMD operations & maintenance budget — Avon wants a binding promise that the funds for TCMD's operations expenses (approximately $450,000 annually) will be paid solely from property taxes rather than Credit PIF revenue. This was not contemplated by the STS, but in an effort to implement the settlement as a whole, the remaining parties have expressed a willingness to accommodate this request and the relevant documents have already been revised to do so. b. Equitable adjustment of financial provisions in the STS — Avon has requested 8% interest on the Avon Receivable from October 7, 2011 through the date of implementation of the STS, and addition of the accrued interest to the principal amount of Avon Receivable, which would then accrue simple interest at 1.5%. This is addressed in Exhibit A. 3 c. Town council review and approval of TCMD bond reissue documents — Avon wants the right to review and approve the bond documents for the TCMD Bond Reissue. This was not contemplated by the STS. Rather, the STS contemplated that all bond documents would be prepared only after the successful conclusion of the public process. Nonetheless, in an effort to implement the settlement as a whole, the remaining parties have expressed a willingness to accommodate this request and relevant documents have already been revised to provide Avon with a review and approval right. d. A legally binding list of Capital Projects — Avon has requested that the remaining Capital Projects which can be funded with Credit PIF revenues become legally binding. This is contrary to the express terms of the STS. e. Additional design requirements for hotel uses on Planning Area J, some of which are not "objective" as required by the STS — This is addressed in part by Exhibit B. f. Additional design review requirements — Avon wants more control over design review. This was not contemplated by the STS and is addressed in more detail in Exhibit B. 9. A meeting has been set for Wednesday August 22, 2012, at 10:00 a.m. in Avon to address these outstanding issues. 10. In the opinion of the undersigned, to the greatest extent possible, principals and decision -makers need to be present for upcoming meetings in the next few weeks to reach final agreements on these outstanding issues so that a complete set of documents and exhibits can be prepared by August 30, 2012. Respectfully submitted this 16th day of August, 2012 FAEGRE BAKER DANIELS LLP Original signature on file with Faegre Baker Daniels LLP By: fsi Brandee L. Caswell Brandee L. Caswell, #30706 ATTORNEYS FOR INTERVENOR - DEFENDANT BNP PARIBAS 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 16th day of August, 2012, a true and correct copy of the foregoing BNP PARIBAS'S AUGUST 16, 2012 STATUS REPORT was electronically filed and served via LexisNexis File & Serve on the following: Dean C. Heizer Kevin C. Paul Cynthia A. Coleman Heizer Paul Grueskin LLP 2401 15th Street, Suite 300 Denver, CO 80202 Attorneys for Town of Avon Eric J. Heil (ericheillaw-O)gmail.com) Heil Law & Planning, LLC 2696 South Colorado Boulevard, Suite 550 Denver, CO 80222 Attorneys for Town of Avon Frances A. Koncilja Koncilja & Associates, P.C. 800 18th Street, Suite 300 Denver, CO 80202 Attorneys for Traer Creek Plaintiffs Corey Y. Hoffmann Hayes, Phillips, Hoffmann & Carberry, P.C. 1530 16th Street, Suite 200 Denver, CO 80202 Attorneys for Town Council of the Town of Avon Steven J. Dawes Sophia H. Tsai Light Kelly & Dawes, P.C. 1512 Larimer Street, Suite 300 Denver, CO 80202 Attorneys for Town of Avon Ben M. Ochoa Jaclyn Casey Rothgerber, Johnson & Lyons, LLP 1200 17th Street, Suite 3000 Denver, CO 80202 Attorneys for Traer Creek Metropolitan District Robert L. Morris Bryan R. Treu Post Office Box 850 Eagle, CO 81631-0850 Attorneys for Eagle County /s/ Valerie Rush Valerie Rush, Legal Assistant In accordance with C.R.C.P. 121, § 1-26(9), a printed copy of this document with original signatures is being maintained as stated above and will be made available for inspection by otherparties or the Court upon request. fb.us.9021707.01 -GRE BW Faegre8D.com t 1 USA • UK n CHINA DWIELS Brandee Caswell +1303 607 3826 brandee.caswell@FaegreBD.com August 10, 2012 Eric Heil Heil Law & Planning, LLC 2696 S. Colorado Blvd., Suite 550 Denver, CO 80202 ericheillaw ajgmail. com Ben M Ochoa Rothgerber, Johnson & Lyons LLP 1200 17`I' Street, Suite 3000 Denver, CO 80202-5855 bochoaia..rothgerber. com Faegre Baker Daniels LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver Colorado 80203-4532 Phone +1303 607 3500 Fax +1303 607 3600 Dean C. Heizer Heizer Paul Grueskin LLP 2401 15`l' Street, Suite 300 Denver, CO 80202 dheizer(d hp firm. com Mary Jo Dougherty & Kathy Kanda McGeady Sisneros, P.C. 450 East 17`I' Avenue, Suite 400 Denver, CO 80203-1214 mjdoiwher•t-v�(c mc,i,,eadi,sisneros.com kkandafcv ii!Qgeadysisneros.com Munsey Ayers Frances A. Koncilja Otten Johnson Robinson Neff & Ragonetti Koncilja & Associates, P.C. 950 17`I' Street, Suite 1600 800 18`I' Street, Suite 300 Denver, CO 80202 Denver, CO 80202 mirnsei, awotteniohnson.com nudl,,3 %oii 4 a.co?,, Re: The Village at Avon - CARADA Article 6 Dear Counsel: VIA E-MAIL I am writing to address Article 6 of the CARADA in hopes of clarifying and resolving some outstanding provisions of the Article. Kathy Kanda and Mary Jo Dougherty are working as quickly as they can to turn around a draft of Article 6 for inclusion in Friday's Council packet. In approaching those revisions, I understand they will ensure consistency with the chart reviewed during our meeting last week and the special meeting of Town Council this week. In addition, however, some particular terms require consensus and resolution. Page 2 1) Interest on the Avon Receivable August 10, 2012 Avon has requested an "equitable adjustment" of certain financial provisions due to delay in implementing the settlement term sheet. Specifically, Section 7 of the Settlement Term Sheet ("STS") provides that the Avon Receivable should accrue simple interest at the rate of 1.5% from the date of settlement forward. Avon has requested 8% interest on the Avon Receivable from October 7, 2011 (the date of the STS) through the Implementation Date and that the accrued interest be added to the principal of the Avon Receivable which would then accrue simple interest at 1.5%. BNP has no objection to the accrual of 8% simple interest on the Avon Receivable from October 7, 2011 to the Implementation Date, but that interest should not be compounded. I do not know the position of the Districts or Developer but I would encourage the Developer to make this accommodation as part of reaching an overall agreement on the CARADA and Amended PUD. 2) Urban Renewal Authority The provisions regarding the Urban Renewal Authority ("URA") have been bogged down in controversy over the Developer's insistence that the URA agree not to exercise condemnation powers and the insertion of some additional provisions which in Avon's view are outside of the STS. I agree that a provision under which a condemning authority agrees not to exercise its eminent domain power would be unenforceable under Wheat Ridge Urban Renevwl Authority v. Cornerstone Group =1, L.L.C., 176 P.3d 737, 745-46 (Colo. 2007), and BNP is unwilling to subject the entire agreement to a legal challenge by inserting a provision known to be inconsistent with Colorado law. I understand, however, that the Developer has a legitimate concern about agreeing to provide its "full, timely, and reasonable cooperation in assisting Avon in the formation of an urban renewal plan area (which is different from providing cooperation in forming "an urban renewal authority"). Avon has asked for the former, but the STS provides for the latter. If the Developer were to agree in advance to provide its full, timely and reasonable cooperation in the formation of an urban renewal plan area, it would effectively waive its right to object to the requisite blight findings, which is the predicate to approving a plan which includes condemnation powers. Simply stated, the Developer has concerns about and would legitimately seek to avoid any attempt by Avon to use Urban Renewal powers to take this land from the Developer and transfer it to another private developer. I note that 2004 amendments to Colorado's Urban Renewal Statutes were designed to avoid just that type of conduct. With the exception of the discrepancy noted above, Mr. Heil's proposed language in Article 6 appears to more closely track with the STS. I therefore suggest that Article 6 be scaled back to reflect the basic language of the STS and provide that any urban renewal plan be developed only with the express consent of the Developer. 3) Remote/Internet Sales Tax Provision Avon objects to this provision proposed by BNP, which requires recognition and payment of sales taxes received by Avon collected on remote,"internet sales transactions because, according to Avon, such transactions "do not meet the clear definition and terms of Town's obligation to provide a tax Page 3 August 10, 2012 credit only for such transactions in which PIC Fees are imposed." Town's July 11, 2012 Status Report at ¶ 13(f). The issue of Avon's receipt and retention of internet sales taxes was at issue in the litigation (as was Avon's receipt of other sales tax revenue streams such as Tax on PIF). The STS identifies all of the revenue streams that Avon would retain in the future under the new financial structure. Internet sales taxes were not among those identified revenue streams. Nonetheless, Mr. Heil's July 24, 2012 revisions to Article 6 inserted language stating Avon would retain such revenues and removed the provision requested by BNP which would have provided for an equitable payment to the District of those revenues attributable to transactions occurring in the Village. Neither BNP nor the District agreed that Avon could continue to retain such revenues. Although the amount of internet sales taxes collected by Avon today may not be material (although that is unknown to BNP), in BNP's view Avon has a current ongoing obligation to remit such revenues to the District under Section 4.4 of the Annexation and Development Agreement. Judge Moorhead recently held that the Town is obligated to provide a waiver or a credit "for so long as the PIC Fee is imposed and proceeds therefrom are used for payment of District obligations." Through the real property covenants, the PIC has imposed the retail sales fee on all Taxable Transactions occurring in the project. Thus this is not a question of imposing the fee; it is a question of collecting the fee. Collection of the fee is not occurring due to a logistical information and accounting problem. Specifically, as I understand it, internet retailers pay out all sales taxes collected to the local taxing authorities based upon zip code. Thus, Avon receives a single check from a retailer for all internet sales transactions for a given period and does not receive any report of the physical location of the persons who made each purchase from that retailer. Accordingly, Avon does not readily know how much of the internet sales tax it collects comes from transactions within the Village at Avon as opposed to other parts of areas within Avon's zip code. Nonetheless, given that 244 units of housing have been constructed in the Village, it is beyond dispute that some of the residents of those units have engaged and will continue to engage in retail sales purchases from their home computers and those purchases which take place on property located within the Village are subject to the retail sales fees imposed by the PIC (this is probably true of businesses as well). The PIC is unable to track and collect those sales because it lacks access to the information which would enable it to do so. Section 4.4 of the Agreement addresses the possibility that retail transactions might occur within the Village for which the PIC is unable to collect the retail sales fee. The Agreement requires the Town to collect the sales tax if the retail sales fee is not paid, and to remit the taxes on the transactions where the retail sales fee has not been paid to the PIC or the District, after deducting certain amounts (costs of collection and 20% admin fee — see § 4.4). Notably, this provision also requires the Town to cooperate with the implementation of the financing. Currently, I do not believe Avon is incurring any expenses to collect these tax revenues. Accordingly, under Section 4.4, Avon must remit 80% of the internet retail sales taxes arising from transactions within the Village. It has not done so. Proposed Section 6.14 of the CARADA is BNP's attempt to address this in an equitable and meaningful way. If Avon does not want to resolve this issue at this time in Article 6, BNP will only agree to remove that provision if this issue is carved out of the dismissal of the litigation and Avon agrees to preserve this issue for future resolution through a tolling Page 4 August 10, 2012 agreement. BNP would like to resolve this issue now, however, rather than risk the possibility of later litigation. 4) City Market Sales Tax Indemnity Under the STS, the .75% Add-on PIF replaces the District's sales tax indemnity obligations. Section 2 of the STS explicitly provides that the Add-on PIF will compensate Avon for the sales tax indemnity: Avon requires a reliable revenue source with growth potential to compensate Avon for: (1) providing municipal services; (2) the sales tax indemnity; and (3) taking on existing annual maintenance obligations currently being performed by the District as well as those identified in paragraph 2(d) (which Avon can likely perform at a lower cost). The remaining provisions of Section 2 establish the framework for creating and implementing the "reliable revenue source with growth potential" — the Add-on PIF. Avon, however, has insisted that it should be compensated for lost sales tax revenue if City Market were to relocate to the Village. In doing so, Avon has reached beyond the STS. Although no one is aware of any plans for City Market to relocate anywhere, the Developer was willing to meet Avon half way and offered to adopt a covenant not to allow City Market to move to the Village unless Avon and the Developer could reach an agreement regarding allocation of City Market sales tax revenues (any such agreement would, however, require BNP and/or successor credit enhancer consent). Through Mr. Heil's July 24, 2012 revisions to Article 6, Avon rejected the Developer's proposal and inserted a provision under which BNP would effectively give up a portion of its pledged revenue to fund the sales tax indemnity by diverting to Avon a portion of retail sales fees generated by City Market if that retailer were to relocate to the Village. BNP cannot agree to this change, as to do so would impair BNP's pledged revenue stream. It remains unclear exactly why Avon rejected the Developer's proposed compromise on this issue. Given Avon's rejection of that compromise, at this point, it is up to Avon to propose anew compromise. Otherwise the remaining parties should adhere to the STS and omit any provision regarding City Market from the CARADA. 5) Past Developer Advances The STS provides that amounts counted against the Credit PIF Cap include "[a]pproximately $12MM Past Developer Advances (including approx. $1.5MM owed to Buffalo Ridge)." Therefore, BNP believes it is more consistent with the letter and intent of the STS to count the full $12MM in Past Developer Advances against the Credit PIF Cap. BNP does not support excluding the proposed $1.6MM in Past Developer Advances (which were not for Capital Projects, but were used to pay for municipal services and the sales tax indemnity) from the Credit PIF Cap, regardless of the purpose of those advances. Page 5 Sincerely, Brandee Caswell BLC:vr fb.us.9000719.03 August 10, 2012 FaegreBD.com FI FGRE PAMR USA • UK • CHINA D MELS Brandee Caswell +1303 607 3826 brandee.caswell@FaegreBD.com August 16, 2012 Eric Heil Heil Law & Planning, LLC 2696 S. Colorado Blvd., Suite 550 Denver, CO 80202 ericheillaw@gmail. com Faegre Baker Daniels LLP 3200 Wells Fargo Center. 1700 Lincoln Street Denver . Colorado 80203-4532 Phone +1303 607 3500 Fax +1303 607 3600 VIA E-MAIL Re: Village at Avon Final PUD Application: BNP Paribas comments from Avon Planning & Zoning Commission hearing held Tuesday, August 7, 2012 Dear Eric: I am writing to address some concerns of BNP Paribas following the Avon Planning and Zoning Commission's ("PZC") meetings on August 7 and 13, 2012. A significant portion of the August 7 and 13 meetings focused on new Planning Area J. The two major areas of concern for PZC seemed to be: 1) control over design review for proposed improvements on this planning area given its "gateway" location to Avon; and 2) the reconfiguration of adjacent park land areas. I have some comments and concerns about how PZC addressed these two issues during its meetings which I hope PZC will take into consideration prior to any final decision on this Final PUD application (to include the PUD Guide and PUD Master Plan). First, as to control over design review of improvements on Planning Area J, I understand that Avon (through PZC or otherwise) would like to have more design review control over future improvements. The Village Design Review Board C DRB") governs design review through a comprehensive set of guidelines which were prepared based on a set of minimum criteria from the 1998 PUD. The DRB Guidelines were prepared following the 1998 PUD with the express review and approval of PZC. While the DRB guidelines can be amended, they cannot be amended in a manner that makes them less restrictive than the original set of minimum standards from 1998. A member of the PZC has a permanent voting seat on the DRB, and this would continue. The only provision of the STS which contemplates additional design requirements relates to hotel uses on new Planning Area J and is as follows: "A short list of minimum design requirements which are objective and reviewable at Page 2 August 16, 2012 building permit level will be developed." Beyond this short list of objective requirements reviewable at the building permit level, no additional design review process or control is contemplated by the STS. To require more is outside of the parties' agreement. It seems as if some progress has been made to come to an agreement on the short list of objective minimum design standards for hotel uses, but several PZC members are asking for very subjective requirements which will only lead to further conflict. Aside from the minimum standards for hotels, however, if PZC wishes to go further and condition approval of the final PUD on additional control over design review for the project in whole or in part, this is a major concern. As you know, in the absence of any STS obligation to do so, the Developer has agreed to add additional layers of process to design review which will allow for increased public input. This is positive and responsive to Avon's request for additional input into design review. Based upon all of this, I would like to understand whether you believe there is any basis for PZC to request additional control over the design review process on Planning Area J or anywhere else in the project. I also wonder if this is contrary to the vested rights already established in the 1998 PUD. Second, 5.8 acres of new Planning Area J were formerly part of a regional park area to be dedicated to Avon at a future date upon the occurrence of certain conditions. The subject 5.8 acres which is now part of Planning Area J is the small rectangular portion of PA -J to the southeast of P3 and adjacent to OS2). In the proposed amendment to the PUD, planning area P3 will remain a park to be dedicated to Avon at a future date upon the occurrence of certain conditions. Existing Proposed On August 7, PZC voted to require the applicant to identify precisely where 5.8 acres of parkland now part of Planning Area J would be relocated within the project. I have three major concerns about this PZC vote. First, the STS, Schedule 3 provides: Planning Areas N South and RMF -1 will be changed to commercial zoning that allows hotel/lodging and additional commercial uses such as gas station, convenience retail, restaurant and similar uses. Traer will agree that the 5.8 acres of park land in Planning Area N South would be replaced with [the] same park land dedications in the Hillside area, Planning Area M and/or Planning Area RMF -1 as determined by Traer. Page 3 August 16, 2012 It does not seem reasonable to condition approval of the Final PUD on identifying today where the 5.8 acres of park land will be located in the remaining planning areas for three reasons. First, as you seemed to acknowledge during the meeting, it is impossible for the Developer to identify today where the 5.8 acres will be relocated because there are no roads or platted lots in existence in the areas where the 5.8 acres of park land will be relocated. Second, as you also know, there is a possibility that the CARADA will be revised in a way that requires the Developer to use its best efforts to locate most or all of the 5.8 acres of park land near the yet -to -be determined school site in Planning Area I. The selection of the school site and the co -location of the park land will depend on road access to Planning Area I, which has yet to be determined. There is simply no way to decide now where the location o these areas can and will be on what is currently vacant, unplatted land with no streets or utilities. Third, PZC's vote assumes that there is some underlying merit to the physical proximity of the 5.8 acres which would now designated as part of PA -J to P3. There was much discussion about the "loss" of this additional parkland "next to" what is now designated P3. Nothing in the record (or any PZC review criteria that I am aware of) provides a factual or other basis for this assumption. In fact, the findings of Avon Council state the exact opposite. The road alignment of long ago which split former park area N (above depiction to the left) into two areas negated the value of the total acreage as a regional park. In its July 10, 2012 findings on the Preliminary PUD, Council found: "Due to the construction of the Post Boulevard interchange and Swift Gulch road, existing Planning Area N has become bifurcated by Swift Gulch road which negatively impacts the functionality of Planning Area N South as a cohesive regional park site." Council went on to find that, "The location of existing Planning Area N -South adjacent to the I-70 interchange reduces the utility and attractiveness of this area for outdoor park uses." (See Council July 10, 2012 Findings of Fact page 5 o 10, paragraph C.) The STS does not require that the Developer identify today where the 5.8 acres of parkland will be relocated and to do so in the absence of any road alignments or platted areas would be a fool's errand. The parties anticipated that as the hillside residential and other similar areas were platted and developed, the Developer would identify where the 5.8 acres of park land would be relocated. Sincerely, Brandee Caswell BLC:vr cc: Munsey Ayers Mary Jo Dougherty Ben Ochoa Kim Martin Frances Koncilja (all via e-mail) fb.us.8890099.01