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PZC Packet 121812
Staff Report — Temporary Use Permit — PUBLIC HEARING December 18, 2012 Planning $ Zoning Commission Meeting A V 0 t_`1 Report date December 14, 2012 Project type Temporary Use Permit — Temporary Construction Parking Legal description Lot 2, Block 1, Benchmark at Beaver Creek Subdivision Zoning Neighborhood Commercial (NC) Address 111 Nottingham Road Prepared By Jared Barnes, Planner I Summary of Requests Dominic Mauriello, Mauriello Planning Group, has submitted a temporary use permit for temporary construction parking located on Lot 2, Block 1, Benchmark at Beaver Creek Subdivision ("the Property'). The application proposes install a temporary parking lot that can accommodate ten (10) to fifteen (15) vehicles and temporary fencing along the east property line. The proposed temporary use is intended to provide for contractor parking during the tenant finish of the Northside Coffee and Kitchen building. The end date of the proposed temporary use will be discussed later in this Staff Report. Background During the fall of 2010, a design approval was granted for a multi -tenant building on Lot 67, Block 1, Benchmark at Beaver Creek Subdivision. The building was under construction during 2011 and Northside Coffee and Kitchen was issued a permit to finish a portion of the building that same year. During the summer of 2012, after experiencing parking constraints, the property owner of Lot 67 entered into a lease with the Town of Avon for additional parking on Lot 4, Buck Creek PUD. This fall the property owner was issued a building permit to finish the remaining portion of the first floor to expand upon the current tenant. After the permit was issued the contractor came to the realization that additional contractor parking was necessary to allow for construction work to commence without impacting the existing business. The contractor inquired about the process to utilize the Property for temporary construction parking and was directed to the Temporary Use regulations. Process Chapter 7.24.080 of the Avon Development Code (ADC) regulates Temporary Uses and Structures on private property. This section requires all construction -related activities to be processed as a temporary use permit, if the activity is not related to an active building permit issued for the subject property. In addition, this section requires the PZC to make the final decision on any temporary use exceeding thirty (30) days or three -hundred (300) people. Since the proposed construction parking lot is not located on the same property the building permit for Northside Coffee and Kitchen (Building Permit #TBP12007) was issued for and the requested timeframe exceeds thirty (30) days, it is being processed as a PZC reviewed Temporary Use Permit. Furthermore, all Temporary Use Permits reviewed by the PZC shall be publicly noticed through a mailing of all property owners within three -hundred (300) feet. The mailing was performed on Friday, December 7, 2012 by Town Staff. A Public Hearing is required during the meeting for this agenda item. Property Description The Property is 0.54 acres (23,522.4 square feet) in size, and zoned Neighborhood Commercial (NC). The site is undeveloped and in a relatively natural state. The Property is located on the Temporary Construction Parking Lot December 18, 2012 PZC Meeting south side of Nottingham Road immediately to the west of the Shell Station. A vicinity map is included as Exhibit A. Planning Analysis The Applicant is requesting approval for a temporary construction parking lot as well as temporary fencing along the eastern property line of the Property as shown on the attached map (Exhibit B). The temporary parking lot will be accessed off of Nottingham Road through an existing break in the split rail fence. The temporary construction parking lot is intended to hold approximately ten (10) to fifteen (15) vehicles and will be surfaced with a mixture of gravel and road base. The intent of a hardened surface is to assist with the snow removal operations on the site. The applicant is also proposing to install a temporary fence (Exhibit C) along the eastern property line. The fence will be a green plastic mesh fence and is intended to stop vehicles from accessing the site from the neighboring Shell Station property. The applicant is proposing to conclude the temporary construction parking upon the earlier of the following dates: (1) start of a new project on Lots 2 and 3; or, (2) May 31, 2013. Staff is concerned with this request as the first option is ambiguous as to what constitutes the start of a project. Furthermore, if the tenant finish is completed prior to May 31, 2013 and a new project hasn't started the temporary parking lot will continue to exist. Staff recommends a condition of approval be added so that the temporary construction parking will conclude and the site be restored to its natural state prior to: (1) the issuance of a permit for construction on Lots 2 and 3, Block 1, Benchmark at Beaver Creek Subdivision; (2) May 31, 2013; or, (3) the issuance of a TCO or CO for Building Permit #TBP12007, whichever occurs first. Staff expressed concern with the safe crossing of construction employees from the Property to the construction site. The applicant has indicated they are willing to install temporary pedestrian crossing sign on either side of the road to inform motorists of the potential conflict. Staff also requested a re -vegetation surety prior to the issuance of a Temporary Use Permit to allow the Town to remove the temporary parking lot and re -vegetate the site. The applicant has provided a bid from Rocky Mountain Environmental Construction to perform this work (Exhibit D). Staff recommends that a condition of approval be added to require a cash surety or a letter of credit in 125% of the bid amount to comply with the Town's regulations for re -vegetation surety. Review Criteria §7.24.080(h), Temporary Uses and Structures (1) The temporary use or structure shall not cause unreasonable negative impacts to properties, residents, business or public uses in the vicinity, which cannot be mitigated through the imposition of conditions on such temporary use or structure, such negative impacts to consider include, but are not limited to: visual, noise, vibration, trash, hours of operation, traffic congestion, parking, safety, soil and vegetation disturbance, natural resource impacts and reasonable expectations of enjoyment of property based upon zone district designations and community planning documents; (2) Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection, roads and transportation, as applicable) will be available to serve the proposed temporary use or structure while maintaining adequate levels of service for existing development; (3) The temporary use shall comply with all applicable general' and specific regulations of this Section, other Town ordinances, and state law unless otherwise expressly stated; (4) The applicant has demonstrated that he or she possesses the requisite skills and experience to ensure that the particular activity will be conducted in a safe and orderly manner; AVONN Temporary Construction Parking Lot o December 18, 2012 PZC Meeting 2 (5) The temporary use or structure is not of a nature that will become impractical to cease or remove over time; (6) Adequate plans or sureties are proposed to guarantee restoration of the property after the temporary use or structure ceases; (7) All temporary signs associated with the temporary use or structure shall be properly permitted pursuant to Chapter 15.28, Sign Code and removed when the activity ends or permit expires, whichever occurs first; (8) The temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use on the site; (9) The temporary use regulations of this section do not exempt the applicant or operator from any other required permits, such as food service or building permits; (10) The temporary use or structure, including any associated parking and traffic circulation, shall not disturb sensitive or protected resources, including required buffers, 100 -year floodplains, and required landscaping and the applicant shall agree to restore all disturbed areas of the site to the condition that existed prior to the temporary use or structure; (11) Tents and other temporary structures shall be located so as not to interfere with the normal operations of any permanent use located on the property, shall be anchored, and meet the requirements of the building official, including fire rating; (12) Off-street parking shall be adequate to accommodate the proposed temporary use or an acceptable parking plan shall be approved with the temporary use or structure; (13) The temporary use will not result in excessive demands for police, ambulance, fire, or other essential public services which may negatively impact the capacity of existing public services to meet existing public service demands or the applicant agrees to mitigate the increased demands for public services; (14) The size, nature, or location of the temporary use or structure is not reasonably likely to cause a clear and present danger of injury to persons and property; (15) Another temporary use permit application has not been received prior in time or has already been approved for the same time and place requested by the applicant or so close in time and place to that required by the applicant that the issuance of both permits would cause undue traffic congestion; (16) The location of the temporary use or structure will not substantially interfere with any construction or maintenance work scheduled to take place upon Town streets; and (17) The temporary use or structure shall be for a duration which is appropriate considering the location, use, planned development and activities in the vicinity and impact on nearby properties; however, in no event shall a temporary use be granted for more than three (3) years. Recommended Motion Move to approve a Temporary Use permit for temporary parking lot on a portion of Lot 2, Block 1, Benchmark at Beaver Creek Subdivision as shown on Exhibit B, with the finding that all the applicable approval criteria have been met and with the following conditions: 1. The temporary construction parking will conclude and the site be restored to its natural state prior to: (1) the issuance of a permit for construction on Lots 2 and 3, block 1, Benchmark at Beaver Creek Subdivision; (2) May 31, 2013; or, (3) the issuance of a TCO or CO for Building Permit #TBP12007, whichever occurs first; 2. Temporary pedestrian crossing signs be installed on both sides of the road subject to approval from the Town of Avon Public Works Department; 3. A cash surety or letter of credit be provided in the amount of 125% of the qualified bid received from Rocky Mountain Environmental Construction (Exhibit D); Mw° Temporary Construction Parking Lot NV ON December 18, 2012 PZC Meeting Exhibits A: Vicinity Map B: Temporary Parking Lot site plan C: Picture of Temporary Construction Fencing D: Bid from Rocky Mountain Environmental Construction Temporary Construction Parking Lot Q' December 18, 2012 PZC Meeting 4 ,� �, •� Iit - � X71 � � �'�� - _ ..tri. ,�y ufC K � � � "i y �,�r'�,f„r���y �1 ; ,� �`��, a. y a. � - •. � P� � �� f •syr, *-ON {' • �;�' ` �� '�� i � �a IL m "'` r`•w _ p 1' •� 'fit y'�'tt�y��'�r�,,,; -" ��E tip" 4 � ��s � ' • } 't _ •_�+�'. 4i NO w .5 / EX W 7� V C— m= - +,, \ 4 t, / /—/ , \• s, f6 C: •� / C \ / O > Q / � f E�- C E � i / O 4 O / 3�L9gq +O V pp _G / 1 LL �m n O / I pp2, �a N i W 7� \ 4 t, ° /—/ , \• s, iii � f / i Q \\\ / ~ O r � / in�� i2�� �`R 5 � x W2 g In q 3 a Pain fat ; Ila c rid¢ lgp4 a5 a@;:Eq Eli a aG Yr� 2;;A°6 i9E 6pS y5 � 5$c3� 5�3p" 5a's q9� py3ep.' ygE���� B 9§3 a:n2 pp(B Qi C fplip; Mij Iii aF y4 3 b q61 ��pyh In jYp p9[ag A LIVE z p3 y 3F a F9�9EkY4 � �3vGk �h t 6e RIBIT B Exhibit D f_.,f,va.MY nitalaCllONK 1060 East County Road 6C •(970) 532-1717' FAX (970) 532-3634• Email-RMECINC@att.net www.rockymountainenvironmentalconstruction.com December 7, 2012 George Shaeffer Construction Company Post Office Box 373 Vail, Colorado 81658 41011 Highway 6 Avon, Colorado 81620 ATTN: Dennis T. Dear Dennis, RMEC Inc. is pleased to offer the following proposal for reseeding of the parking lot at lot 2 at Nottingham Road in Avon, CO. This includes the removal and disposal of any existing gravel (approx. 1 load). Install, spread and grade approx. 50 C.Y. of topsoil (approx. 2") to the disturbed area and hydroseed. TOTAL: $3,980 All materials and workmanship will carry a one-year warranty from date of installation. We appreciate the opportunity. If you have any questions, please call. Thank you. Regards, Shawn Flynn ROCKY MOUNTAIN ENVIRONMENTAL CONSTRUCTION, INC. (970)532-1717 STAFF REPORT December 18, 2012 Planning and Zoning Commission Meeting Report Date December 14, 2012 Applications Rezoning♦ Major Development Plan♦ Alternative Compliance File No. REZ12001♦ MJR12006♦ AEC12004 Existing Zoning Planned Unit Development Prepared By Matt Pielsticker, AICP Introduction The Applicant, OZ Architecture, representing the owner of the site (the "Property"), Wyndham Vacation Resorts, Inc., has submitted a Rezoning application with a concurrent Major Development Plan, and Alternative Equivalent Compliance request (collectively the "Application") — Exhibit A. The Major Development Plan is for the development of a fifty-eight (58) unit Wyndham timeshare project, with supporting retail space. The Application materials include a written narrative provided by Mauriello Planning Group, design plan set, and miscellaneous technical reports including a traffic study and drainage report. The Planning and Zoning Commission ("PZC") will review the Application and conduct a public hearing on December 18, 2012. After reviewing the Application materials, Staff's analysis, and public input, the PZC will forward a recommendation to the Town Council for their consideration. Background The following abbreviated development approval background to highlight what has occurred on the subject Property, starting with a rezoning approval in 1999: 1999 A rezoning was approved from Town Center (TC) to Planned Unit Development (PUD). Along with the zoning, a PUD Development Plan was approved for a mixed-use development including: eighty-nine (89) residential units, or two hundred (200) accommodation units, or a maximum of 155,000 sq. ft. of residential space above retail/office space on the ground level. J ' 1999 PUD Schematic 2004 A PUD Development Plan was approved by Ordinance #2004-01 for another mixed-use development. A replat of the Property also occurred, which included carving off Benchmark Court (aka "Lettuce Shed Lane") to be a 50' dedicated Town right-of-way. The PUD Development Plan included the requirement for a minimum of 17,000 sq. ft. of retail in combination with at least one of the following minimum residential densities: 125 timeshare units, or 160 accommodation units, or 100 condominium units. The maximum entitlements December 18, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 1 1 would consist of 280,000 sq. ft. of Gross Floor Area in total, of which up to 60,000 sq. ft. could be retail/commercial. There were no design plans approved with the 2004 approval, only design guidelines. 2006 Ordinance #2004-01 was declared invalid by the Court; the subdivision that created Lettuce Shed Lane, a 50' Town right-of-way, remained in place. 2008 The Town Council vacated the three-dimensional subdivision plat that accompanied the 2004 PUD since that development would not be employed. At the same time, the Town was moving forward with a Main Street improvement plan to use the areas surrounding Lot 61 including Lettuce Shed Lane. 2011 A development team from Arizona presented design schemes to the PZC and Council for a potential seventy-one (71) unit timeshare project. The design included a restaurant facing the transit center and limited retail. There was resistance to building encroachments over Lettuce Shed Lane, which created a "canyon effect" and an un -inviting space for residents and guests walking towards the transit center and gondola. The schematic drawings indicated parking on the north side of the building, which conflicted with recent mall improvement plans that included a widened path, improved landscaping, and other place making enhancements. July 17, 2012 This process began with a PZC Work Session in July to introduce the refined project concept and to gain initial feedback. October 23, 2012 The Town Council consented to allow the Applicant to incorporate the area of the Town owned 50' Lettuce Shed Lane, and the platted 20' Transportation Easement, in the Applicant's Application. It must be noted that the Council acknowledged that Council's consent to use these areas in site calculations is in no way to be construed as an "approval" and will not obstruct the PZC, Council, or general public the full opportunity to review the collective Application against the applicable review criteria in the Municipal Code. October 29, 2012 Staff determined that the Application was complete for the purpose of referring to other outside review agencies, including the following entities : Eagle County Planning, Eagle County School District, Eagle River Water & Sanitation District, Eagle River Water & Sanitation District, Eagle River Fire Protection District, Eagle County Health Service District, ECO Transit, Xcel, Holy Cross Electric, Comcast, Beaver Creek Resort Company, Union Pacific Railroad, and the Public Utilities Commission. December 18, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 2 1 P a g e November 5, 2012 A revised Application was submitted to Staff incorporating Council's direction and responding to some of Staff's initial comments. November 9, 2012 The Application was found complete by Staff for the purposes of scheduling a Public Hearing before PZC. December 4, 2012 PZC continued the noticed public hearing at their regular meeting to the December 18, 2012 regular meeting. Process The review process for the Rezoning application includes a noticed public hearing with the PZC and recommendation to Town Council. Another public hearing is required with the Town Council before approval or denial. The Major Development Plan does not require a public hearing, however, since the Property is located in the "Town Core" final review is required by Town Council after reviewing a recommendation by PZC. Pursuant to AMC §7.16.020(b)(4), Concurrent Review Permitted, where multiple development applications cover the same property, the Director may permit concurrent review of the development applications for efficiency and practicality. The Director has determined that concurrent review of the Rezoning, Major Development Plan, and Alternative Equivalent Compliance ("AEC") applications is practical in this instance, therefore, the Rezoning, Major Development Plan Application and AEC Application is presented to PZC for concurrent review. As evidenced below by AMC Table 7.16-1: Development Review Procedures and Review Authority, all final decisions will be made by Council: T.W 7.16-1: DecelDp —t Reciexc Proeedure5 and Reci,im author iti Procedure Director PZC TC C..F,,b... w, Plaa A—dmrnt 4j7.16.030) R H -R H -D Co&TrxtA—dmeao t§'.k6.6J07 R H -R H -D Armon (§7.16.050) R H -R H -D Pl--d U- k D—Il pmrnt f§7.16.0601 Admint,-H,, PITT D PrIk i— PUD R H.R H -D rival PrD R H -R 8-D Ad.ministratire S¢kdniuon. f§7.16.070) D A ]Guar Snbdnisiaa (§7.16.070) R H -D ]fajer Sn6disisiea ;§x.16.0701 Preliminan Flan R H -R 1€D riaal Plan R H -D Baena nen f6' -to R R -R H -D \Gnor Dn- hpmxnt Fl.. l§?.16.080) D .� Alapo D ... hPmant Fl.. ('17.16.080) R H -D Major DtTelopm t Plan in Torra Cc it f§'.16.630) R H -R H -D Drsiia R,.ie.. t§?.16AOP) R H -D Special Rnirsr Uw(§x.16.100 R H -D A V.,L ... f§x.16.110) R H -D .�. Attermril, Equiraknt Complicate l§?.76.1:0) R 8•D A -R A H•D Right-et-W.y Canaea 01.16.136) R R- V,ut d Praprrl.- Rilkt f§x.ld.l J01 R H -R 8-D L—WO. Ckucner. cad Exsrat (§7.16.M) R H -D .+. Appeal %7.16.160) H -D R=ReN1WRerouunm1atious: H=Public Heariog;D=DecWou; A=Appeal December 18, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 3 1 P a g e Rezoning The Application includes a Rezoning request to rezone the Property from the Planned Unit Development (PUD) zone district to the Town Center (TC) zone district. The review process and review criteria for zoning amendments are governed by AMC §7.16.050, Zoning Amendments. The PZC shall use the criteria below as the basis for a recommendation on the Rezoning portion of the application. Staff responses to each review criteria are provided. (1) Evidence of substantial compliance with the purpose of the Development Code; Staff Response: The Application is substantially compliant with the purpose statements in the Development Code. The Rezoning will provide for the orderly use of the Property, while at the same time conserving the value of the investments of owners of property in Town. Any anticipated impacts to public services and facilities will be properly mitigated by a Development Agreement to be approved by Council. (2) Consistency with the Avon Comprehensive Plan; Staff Response: Staff finds the Rezoning Application to be consistent with the Avon Comprehensive Plan; by definition, this includes other master plans such as the West Town Center District Plan, and the Avon Comprehensive Transportation Plan. The Application conforms with the principal Land Use Goal (Goal C.1) which is to "provide a balance of land uses that offers a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities, working in concert to strengthen Avon's identity as both a year- round residential community and as a commercial, tourism and economic center." The Avon Comprehensive Plan envisions mixed-use development with convenient circulation through the Town Center towards the Gondola. There is a mix of uses proposed with this application, and the pedestrian corridor is improved on the west side of the Property within Lettuce Shed Lane. (3) Physical suitability of the land for the proposed development or subdivision; Staff Response: The Property is suitable for any development planned for the Town Center (TC) zone district. (4) Compatibility with surrounding land uses; Staff Response: The immediate surrounding area is generally mixed-use with emphasis on wholly-owned residential units, office, and retail. The transit center borders the entire southern property line and is a regional hub of activity. Additionally, all of the Town's guest accommodations are within a 5 minute walk from the Property. The proposed land uses are compatible with all of the surrounding land uses. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned Staff Response: The proposed rezoning is consistent with neighboring Town Center (TC) zoned properties. The immediate area has been improved with streetscape December 18, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 4 1 P a g e improvements compliant with the West Town Center Plan, and this Application proposes to extend those improvements with a path connection on Lettuce Shed Lane. (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; Staff Response: Adequate facilities are available to serve the development. Staff will continue to work with the Applicant to better understand the scope of the heat recovery system expansion analysis and determine whether or not it is feasible to connect the Town's system to this property's snow -melt system. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district; Staff Response: AMC §7.20.080(c) states that the TC district is intended to provide sites for a variety of uses, such as hotels, commercial establishments, offices and residential uses. AMC §7.24.040, Table of Allowed Uses, includes lodging and retail as permitted uses. The Application proposes lodging uses and retail uses, therefore, the proposed rezoning is consistent with the stated purpose of the TC zone district. (8) That, compared to the existing zoning the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; Staff Response: The existing zoning is a defunct PUD, and there should not be any significant adverse impacts resulting from rezoning to the TC zone district. Furthermore, prior to approval of PUD zoning in 1999, the Property was originally included in the TC zone district. (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Staff Response: There are no significant adverse impacts anticipated to surrounding properties. In certain respects, the rezoning would result in a project with lesser impacts upon other properties in the vicinity. For example, this Application proposes a lower building height than surrounding buildings and PUD approvals. There is a larger setback from the property to the west when compared to previous designs, which results in an improved pedestrian experience and more solar gain throughout the year. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and, Staff Response: This criterion is not applicable because the Applicant is seeking to rezone the Property to the TC zone district. (11) Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. December 18, 2012 Planning and Zoning Commission Meeting —PUBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 5 1 P a g e Staff Response: The rezoning does not create a greater intensity of land use, because the Property was zoned Town Center previously. As mentioned, any increased demand on the heat recovery system would be handled through a Development Agreement. Major Development Plan All new development is subject to the standards and requirements outlined in AMC §7.28, Development Standards. The purpose of these standards is to establish the minimum requirements for the physical layout and design of all development including: access, parking, landscaping, screening, architectural, and other design standards. These provisions address the physical relationship between development and adjacent properties and public streets in order to implement the Avon Comprehensive Plan's vision for a more attractive, efficient, and livable community. The Application was evaluated by Staff against the General Development Standards in AMC §7.28; the Project was found to be either in compliance with the standards or requiring an AEC application in one instance. Table 1 demonstrates general conformance with the General Development Standards, with an AEC request from landscaping irrigation requirements as discussed below: Table 1: General Development Standard Compliance Development Standards AMC Section Compliant N/A AEC Parking & Loading §7.28.020 X Access Drive §7.28.030 X Mobility & Connectivity §7,28.040 X Landscaping §7.28.050 X Screening §7.28.060 X Retaining Walls §7.28.070 X Fences §7.28.080 X Parking and Loading The Application is in conformance with the Parking and Loading provisions of the AMC, and all parking spaces required to serve the buildings are located on the Property. Per AMC Table 7.28-2: Off -Street Parking, the Application provides one (1) space per unit, and four (4) spaces per 1,000 square feet of retail. The AMC allows the Director to apply a Mixed -Use reduction of fifteen percent (15%) to the total parking calculation. In this case the project is required a total of fifty-three (53) spaces, and a total of sixty (60) are provided and therefore is in compliance with parking regulations. On November 14, 2012, PZC requested further information on how the peak demand periods would be handled. Specifically, PZC wanted to understand how employees would be accommodated on-site and in the event more than one (1) vehicle is required per unit (i.e. the three (3) bedroom units). December 18, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 6 1 P a g e In response to this request, the revised Application demonstrates the ability to add more parking spaces in the structure when valet service is utilized during peak times of the year. See Page 34 of the Major Development Plan submittal for more detailed information. The Applicant responded to Staff's initial comment letter related to parking concerns, and that letter is also attached with all other correspondence as Exhibit B. Loading to accommodate trash removal is proposed via Lettuce Shed Lane. Pursuant to AMC §7.28.090(m), Off -Street Loading, access must be designed "with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement, as approved by the Town Engineer." The Application includes a turning movement exhibit on Sheet C2 of the plans, or alternatively Page 9 of the MDP submittal, indicating access immediately west of the transit center. Trash service vehicles would maneuver approximately 100' up Lettuce Shed Lane to the service entrance which is located on the west side of the building. Access Drive The access drive is on the East side of the property, where it was originally planned for during the design of the transit center Main Street Plan. The Applicant has submitted a traffic impact study and demonstrates that access design and location can comfortably handle the additional traffic generated by this project. Access for emergency and service vehicles is accommodated in the motor court area and fire department staging will be from Benchmark Road in the transit area. No access by fire trucks is necessary on Lettuce Shed and Main Street pedestrian areas. The Application is in compliance with all other access requirements, including but not limited to: minimum width (24'), maximum grade (4%), and sight distance triangle requirements. Snow Storage and Drainage Pre -development hydrology patterns are to be maintained in accordance with AMC §7.32.050, Stormwater Drainage. Additionally, the AMC requires that snow storage must be accommodated on-site, unless waived by the Town Engineer. The Application proposes to snowmelt all parking and loading areas, and therefore the Town Engineer has granted a waiver to the on-site snow storage requirements. A preliminary drainage report was provided to Staff in order to evaluate the pre -developed and post -developed discharge rates for 25 -year and 100 -year storms. The preliminary drainage report finds that the site will not require detention, and a stormceptor water quality control chamber will be provided to handle water quality. All storm water will pass through the site as indicated on the plans and the existing storm sewer infrastructure in Benchmark Road can accommodate the storm runoff generated by this project. December 18, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 7 1 P a g e Bicycle Facilities Developments that contain twenty-five (25) or more parking spaces must provide bicycle parking facilities, with at least one (1) space for every ten (10) vehicle parking spaces. The Application proposes two (2) bike rack locations — one (1) in the parking garage intended for on- site employees and guests, and another located near the pedestrian mall on the northwest corner of the building. Mobility and Connectivity Bicycle and pedestrian path connectivity is included in the site design with a multi -use path on Lettuce Shed Lane, and stairway connections on the west and south sides of the building. Extensive sidewalk improvements surround the property and the future pedestrian mall and park improvements on the north side of the property will be constructed by the Town in concert with this development if possible. As mentioned above, bicycle parking facilities will be provided, as required by AMC §7.28.020(j), Bicycle Facilities. Landscaping The stated purpose of the landscaping standards is to ensure that the Landscape Plan: (1) Integrates building sites with natural topography and existing vegetation, (2) Minimizes disturbed areas, (3) Respects the limitations and best uses of water resources, (4) Reduces the amount of reflected glare and heat absorbed in and around developments, (5) Breaks up large expanses of parking lots, and (6) Preserves residential neighborhoods by lessening the impacts of potentially incompatible uses. The minimum landscaped area required for the TC zone district is 20%, and according to the landscaping standards the maximum irrigated area is 20% of the landscape area. In order to comply with the 20% minimum requirement, the areas west of the Lettuce Shed Lane path must be included in the area requirements. The Applicant is seeking relief from the 20% maximum irrigated area requirement as part of the AEC application, discussed below. The Property is exempt from the parking lot perimeter landscaping requirements since it is located in the TC zone district. The Landscape Plan was modified pursuant to Staff's initial comments, and includes landscaping both on the Property and in some cases in the Town's right-of-way. As submitted in the revised Application, there is a request for the Town to complete the Landscaping improvements on the west side of Lettuce Shed Lane. Screening Conformance with the Screening standards is demonstrated in the Application, including screening of the roof mounted mechanical equipment with "architectural features." In order to December 18, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 8 1 P a g e comply with the service area requirements, the trash truck delivery schedule may not interfere with "the normal activities of building occupants or visitors on driveways, walkways, in parking areas or at entries"; in other words, any potential conflict between trash removal operations must be ensured. When considering the limited potential for conflict with trash services, the benefit of including the permanent refuse storage inside the building and completely screened from view should be a balanced consideration by the PZC. Retaining Walls Retaining walls are limited to areas supporting the motor court area. The walls are generally between 3' and 5' tall, and will be faced with stone to match that used elsewhere on the building. If this design is approved the walls over 4' in height would need to be structurally designed and certified by a Colorado licensed professional engineer. Fences The fences and railings at the ground level along Main Street and Lettuce Shed Lane will be architecturally compatible with the style, materials, and colors of the balconies above. General Design Standards The design standards contained in §7.28.090, Design Standards, AMC, are the cornerstone of the Development Code. This Chapter deals with all architectural standards to determine compatibility with the Town's overall appearance, and surrounding development. While the immediate area of the Property is dominated by stucco construction, a shifting theme is emerging with this project and others in the area. More stone is being introduced to the base of buildings, and additional materials such as hardi-board siding are more commonly found on newer construction. The application was evaluated by Staff against the Generally Applicable Design Standards from §7.28.090(c), ADC; the Project was found to be in compliance with all of the Generally Applicable Design Standards, and are listed in Table 2 below: Table 2: Design Standard Compliance General Design Standards AMC Section Compliant N/A AEC Site Disturbance X Envelope §7.28.090(c)(1) Site Design §7.28.090(c)(2) X Building X Materials/Colors §7.28.090(c)(3) Roofs (general) §7.28.090(c)(4) X Weather X Protection §7.28.090(c)(5) Site Design December 18, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 9 1 P a g e The site design is centered on the auto -courtyard in the center of the Property, and the building borders all property lines as required by the AMC and envisioned in the Avon Comprehensive Plan. The Building is oriented to optimize solar access and views, in conformance with AMC requirements. All new development is required to define a "site disturbance envelope" on the site plan, and this is demonstrated on Sheet C3. The disturbance envelope respects the southern property line bordering the transportation center, and extends into the Town right-of- way on all other sides of the property. In light of the work outside the boundaries of the property, including but not limited to landscaping improvements, a Development Agreement is required to address construction and post -construction responsibilities. The Development Agreement is currently being drafted by the Town Attorney for review and approval by and between the Town Council and Property owner. Building Materials and Colors The use of high quality, durable building materials is required. Additionally, "Indigenous natural or earth tones, such as brown, tan, grey, green, blue or red, in muted flat colors with a Light Reflective Value (LRV) of sixty (60) or less are required." The material and color palette are in compliance with these design standards. It should be noted that the stone siding base of the building has been changed since the last presentation to PZC: from Arriscraft Arris -stack Stone in Ash color to Glen Gery Stone in Granite color. The Glen Gery Stone will be presented at the meeting with a new material sample; the Granit color appears to be more earth -tone in nature. Roofs The Design Standards require roofline modulation and varied roof forms for all buildings in Town. Additionally, for buildings exceeding four (4) stories, the minimum overhang length shall be thirty six (36) inches for primary roof forms. Primary roof forms shall have a pitch of not less than four -to -twelve (4:12). The roof design is in compliance, proposing mostly 6:12 roof pitches, and at least thirty six inches (36) inch overhangs for the majority of the primary roof forms, and even larger overhang where balconies are located. It must be noted that the main roof material proposed is asphalt siding, which is "discouraged" by the standards. The PZC should review the acceptability of asphalt roof shingles for this Property and provide a recommendation on the acceptability of that roof material. Secondary roof areas would be metal roofing in Dark Bronze color. Weather Protection Building entrances are protected, as are balconies and pedestrian walkways and sidewalks. A snow control plan (page 30 of reduced plan set) is included in the submittal to address rooflines that slope towards pedestrian areas. Mixed -Use and Nonresidential Design Standards In addition to the generally applicable standards, this Application is subject to AMC §7.28.090(j), Mixed -Use and Nonresidential Design Standards. These standards include an extra layer of review, including some standards specific to Town Center (TC) zoned properties December 18, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 10 1 P a g e located in the Town Core. The following chart includes each mixed-use standard, and outlines conformance, or non-conformance with each one: The application was evaluated by Staff against the Mixed -Use and Non -Residential Design Standards from §7.28.090(j), AMC; the Project was either found to be in compliance with the standards, not applicable to the standards, or requiring the processing of a concurrent AEC application. Table 3 indicates that some of the standards were found to be either not applicable or requiring AEC approval to implement the proposed design. For standards requiring approval with a concurrent AEC application, please refer to (Exhibit A) and the AEC portion of this report below, with responses to the AEC review criteria. Table 3: Mixed-use and Non Residential Design Standard Compliance Standard AMC Section Compliant N/A AEC Building Orientation §7.28.090(j)(3)(i) X Outparcels §7.28.090(j)(3)(ii) X Parking §7.28.090(j)(3)(iii) X Common X Spaces §7.28.090(j)(3)(iv) Building Layout & X Design §7.28.090(j)(4)(i) Four-sided Design §7.28.090(j)(4)(ii) X Compatible Design §7.28.090(j)(4)(iii) X Mixed -Use §7.28.090(j)(4)(iv) X Scale and Massing §7.28.090(j)(4)(v) X Development Transitions §7.28.090(j)(4)(vi) X Storefronts & Pedestrian Entrances §7.28.090(j)(4)(vii) Materials §7.28.090(j)(4)(viii) X Roofs §7.28.090(j)(4)(ix) X Windows §7.28.090(j)(4)(x) X Parking Structures §7.28.090(j)(5) X December 18, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 111 P a g e Building Orientation The building design reinforces the street edge, maximizes solar orientation, and is in compliance with this subsection. Outparcels Not applicable. Parking The majority of the parking is located underground, and is in compliance with this subsection. Common Spaces This Application provides both indoor and outdoor common areas. While the owners lounge patio on Lettuce Shed Lane is not open to the public, the area at the northwest corner of the building is situated well for public amenities such as park benches. Staff recommends that the Applicant provide park benches (or other acceptable street furniture) in the common space to the northwest corner of the building near where the three -sided directional sign is indicated on the plans. Building Design The building design is appropriate for the site it is situated on. Staff recommends that the PZC review the building materials carefully, particularly the asphalt shingles and stone selection to determine their appropriateness in this setting. Four-sided Design This property effectively has four "fronts", and each building elevation is designed with equal care and quality as the principle face on Benchmark Road. Compatible Design A clearly defined and appropriate architectural theme has been established. In compliance with the design standards, a number of architectural features have been utilized to create compatible design, including but not limited to the following: overhangs, peaked roof forms, outdoor patios, vertical elements, and horizontal banding. Mixed -Use Buildings in Town Core This subsection requires retail, personal service, or restaurant uses for portions of the building fronting Lettuce Shed Lane, Benchmark Road, and Main Street. An accompanying AEC application was submitted in order to seek relief. Scale and Massing These standards seek to break up building mass to ensure a pedestrian -friendly scale at the ground level of new buildings. In all instances, buildings taller than two (2) stories or thirty feet (30') "shall be designed to reduce apparent mass and visually anchor the building to the site by December 18, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 12 1 P a g e including a clearly identifiable base, body and top, with horizontal elements separating these components." This section requires a step back between twelve feet (12') and forty-five feet (45'); the Application includes an AEC request from this particular standard. Development Transitions The project successfully fits into the context of the area, and appears to frame the adjacent rights-of-way in a positive manner. Storefronts & Pedestrian Entrances The Applicant is seeking an AEC approval due to variations from this subsection. See below. Materials Multiple high quality materials are proposed on each building elevation. There is a weighted hierarchy, with heavy materials at the base of the building and lighter materials (i.e. stucco siding) above. Roofs The roof design is proportional, varied with dormers, and generally in compliance with the standards. The design standards discourage asphalt roofing, and also state that any metal roofing should be muted. As proposed, the design includes asphalt roofing for the majority of the roof, with areas of dark metal roofing. Windows All buildings on Main Street, Lettuce Shed Lane, and Benchmark Road are required to use large display type windows to activate the street experience. This design standard is not met with the Major Development Application, and the Applicant has provided rationale in their project narrative booklet. Parking Structures Not applicable as the parking structure is sub -grade. The limited area that is exposed on the west elevation uses compatible building materials with the rest of the building. Major Development Plan Review Criteria Pursuant to AMC §7.16.080(f), Review Criteria, the PZC is charged with reviewing this Design and Development application against the following Development Plan and Design Review Criteria: (1) Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; Staff Response: As documented in this report and in the Applicant's submittal, this Application is found to be in compliance with the purpose statements from the Development Code. The purpose statement directly germane to this Application is §7.04.030(1), which reads "Promote architectural design which is compatible, functional, practical and complimentary to Avon's sub -alpine environment." December 18, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 13 1 P a g e (2) Evidence of substantial compliance with the §7.16.090, Design Review. Staff Response: The Major Development Plan provides compliance with the design review chapter. The proposed materials and colors are visually harmonious with the Town's overall appearance, and that of the buildings in the immediate vicinity. (3) Consistency with the Avon Comprehensive Plan; Staff Response: The Avon Comprehensive Plan goals and policies related to the built environment and land use are very much in tune with the purpose statements in Title 7: Development Code. The Planning Staff supports the Applicant's detailed responses and analysis of the West Town Center District Plan goals, policies, and design guidelines. (4) Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; Staff Response: The site design is generally in conformance with the governing subdivision plat: A RESUBDIVISION OF A REPLAT OF LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK (reception #868662). Staff has communicated to the Applicant that a minor subdivision may be required to implement the proposed design in order to accommodate the at -grade and aerial encroachments into Lettuce Shed Lane. At the same time, the request to eliminate the utility easement bordering Lettuce Shed Lane could be accommodated with a replat. +c. c A REPLAT OP LOT 61, BLOCK 2 „ BENCHMARK AT HEAVER CREEK LIT 11 t •9yrt Y- '' _ _ M.lkLIN^ExG3NEEN]NG (5) Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and December 18, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 14 1 P a g e Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; and Staff Response: Compliance with the applicable development standards has been documented in the report, or otherwise addressed through the AEC application. (6) That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services. Staff Response: The development can be adequately served by city services. The Applicant has worked with the fire district to facilitate a successful fire protection plan, including a control panel at the southwest corner of the building. Pursuant to comments provided by the fire district, one (1) additional hydrant may be required if found necessary by a fire protection engineer. §7.16.090(f), Design Review (1) The design relates the development to the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole; Staff Response: The Design of the building compliments neighboring existing development and should be compatible with any surrounding redevelopment that could occur. Design queues are taken from other recent construction, including that on the Riverfront Subdivision, and more recently updates to the Seasons building immediately to the west. (2) The design meets the development and design standards established in this Development Code; and Staff Response: The design is in general conformance with the development and design standards established in the Municipal Code; where literal conformance is not met, the Applicant has proposed an alternative design through the AEC process. (3) The design reflects the long-range goals and design criteria from the Avon Comprehensive Plan and other applicable, adopted plan documents. Staff Response: Avon's long range planning documents Alternative Equivalent Compliance Accompanying the Major Development Plan submittal is an AEC request from some of the design standards. This procedure allows development to meet the intent of the design -related provisions of this Chapter through an alternative design. It is not a general waiver or weakening of regulations, rather, this application procedure permits a site-specific plan that is equal to or better than the strict application of a design standard specified in this Development Code. AEC are site specific and shall do not establish a precedent for approval of other requests. The Application request AEC approval from the following standards: December 18, 2012 Planning and Zoning Commission Meeting — 'UBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 15 1 P a g e • Maximum Irrigated Area - Table 7.28-6, Minimum Landscaped Area and Maximum Irrigated Area by Zone District, AMC Table 7.28-6: Minimum Landscaped Area and _Maximum Irrigated Area by Zoning Disti is t Zonmg Districts -Mi= inn Landscaped ,area (percent of Gross Lot Size) -Maxinium Im¢ated Area (percent of Landscaped Area) NC. MC, TCf IC 20 20 RSF, RL, RM, RH ?5 20 R PF, OLD 0 NIA Ground Floor Commercial - §7.Z8.090 (iv) Mixed -Use Buildings in Town Core. To encourage appropriate commercial and mixed-use development in Town Core any portion of a new mixed-use building with street frontage floor area located on E. Beaver Creek Boulevard, Lettuce Shed Lane, Benchmark Road, or Main Street must be occupied by retail, personal service and restaurant uses, as listed in Table 7.24-1. All ground floor commercial space must be at least twelve (12) feet in height as measured from finished floor elevation to finished ceiling. Building Stepping - §728.090(j)(4)(v)(D) (D) 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 shall generally occur between twelve (12) feet and forty- five (45) feet above the finished grade, depending on the height of the structure and the surrounding development context. • Ground Floor Glazing and Entrances - §7.28.090(j)(4)(vii) (vii) Storefronts and Pedestrian Entrances. (A) The first floor of all new buildings shall provide: a pedestrian friendly environment, with human -scale and natural building materials; extensive storefront windows for display and views into the business, and access directly from adjacent sidewalks. (B) When transparency is in conflict with internal functions of the building, other means shall be used to activate the street facing facades such as public art, architectural ornamentation or details, or color patterns. (C) To encourage activity along the building frontage, entrances shall be located at intervals of a maximum of thirty-two (32) feet. (D) The primary access to retail spaces on Benchmark Road, Main Street, and W. Beaver Creek Boulevard, shall be from the sidewalk. December 18, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 16 1 P a g e According to AMC 7.16.120(d), Review Criteria, PZC shall use the following review criteria as the basis for a decision on an application for AEC: (1) The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; (2) The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; (3) The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and (4) The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this ordinance. Staff Response: The requirement to provide and design buildings with pedestrian level retail/commercial development is rooted in the West Town Center District Investment Plan ("Main Street Plan"). The Main Street Plan was an elaboration of previous Town Center Plans and was developed to build predictability and direction into the design review process, while outlining reasonable expectations for growth. As the Applicant points out, the Main Street Plan was designed around "Main Street"; tax -increment financing was modeled around the development and funding that was necessary to fuel the extensive Main Street public improvements. Goals for the Main Street Plan boundaries included: • Intensely developed District in Town • Diverse retail, lodging, and housing mix • Pedestrian -oriented • Gathering place for visitors and residents Some of the design and programming concepts that formed the basis for the Main Street Plan ended up directly informing the Avon Municipal Code updates that were approved in 2010. For example, requiring extensive window glazing and programming space for retail uses adjacent to public rights-of-way (current or planned), was a result of the Main Street Plan goals. The Landscape Plan exceeds the maximum allowed irrigated area requirements. These requirements were codified with the 2010 Avon Municipal Code updates, and are a carryover from the 2001 Design guidelines. These requirements are intended to reduce water consumption. Staff finds benefits with the proposed irrigated landscaping that outweigh strict and literal compliance. It must be noted that the December 18, 2012 Planning and Zoning Commission Meeting —PUBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 17 1 P a g e Landscape Plan is consistent with the Mall Improvement Plan approved last year, utilizes several drought tolerant plant species, and will include a rain sensor. The Application appears to achieve the overarching goals of the Comprehensive Plan which speaks to creating vibrate pedestrian friendly developments with attention to the human scale. Outstanding Items Staff continues to work with the Applicant to refine some of the non -design related business points. The PZC should be aware that Staff and the Applicant continue to address the following items: Lettuce Shed Lane. The Applicant is proposing to install and maintain all improvements including, and to the east of the Lettuce Shed Lane path. The proposal is for the Town to install and maintain the landscaping improvements to the west of the Lettuce Shed Lane path. The cost to the Town would be approximately $20,000. This particular landscape area would be counted towards the required landscape area (20%) for the project. By including the Lettuce Shed Lane 50' right-of-way in the site coverage and landscaping area requirements, the Applicant is afforded the luxury of not falling subject to Employee Housing Mitigation requirements contained in AMC §7.20,100. Also, there would be no requirement for a Variance application for landscaped area. Heat Recovery. The Town is planning on extending the Heat Recovery system to the Avon Station and the mall in 2013 to be used for snow -melting these areas. As part of this expansion, the Town is offering to connect the Applicant's snowmelt system for the auto -court to the Heat Recovery system. Negotiations are on-going between the Applicant and Town, and if the Applicant ultimately connects to the system the terms will be included in the Development Agreement. Trash Removal. The specific details of trash vehicles using Town property, and impacts related thereto will be included in the Development Agreement if determined necessary. Financial. Typical lodging -related developments in the Town of Avon generate revenues from four (4) main sources: real estate transfer taxes (RETT), time share amenity fees, sales and accommodation taxes, and property taxes. However, unlike the other lodging developments that currently exist within in the Town, Wyndham Vacation Resorts utilizes a vacation club concept versus an interval ownership. Specifically in the areas of RETT and time share amenity fees this concept raises a number of questions with Staff. Below are the issues and questions of each category and an explanation of the nexus of the tax/fee to the project. Real Estate Transfer Tax. RETT in the Town of Avon are accounted for in the Town's Capital Projects Fund and are required to be used only for capital improvements. This includes railroad crossings, bridges and streets and other public rights-of-way. RETT is currently the only source of revenue for these types of capital improvements. At first glance, it does not appear that December 18, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 18 1 P a g RETT will apply in this instance because the units will not be individually owned, and will not be sold as deed interval ownership units. Timeshare Amenities Fees. A timeshare amenities fee is a fee collected by an owner's association from the owner of an timeshare interval on behalf of the Town, and is used by the Town to help offset the costs of providing transportation to guests and for recreational services (interval owners receive a resident discount on recreation admission fees). Because of the vacation club concept, it is unclear how this fee will be administered and collected. Sales and Accommodation Taxes. Short-term rentals (30 days or less) are subject to both the Town's sales and accommodation taxes. Because of the use of a point system in the vacation club, it is unclear how these taxes will be calculated and collected. The Applicant has acknowledged that any potential nightly rentals would be subject to this tax. Property Taxes. A typical hotel, wholly owned and operated, would normally be assessed at a commercial -type property assessment ratio of 29% (ie. Comfort Inn). The Westin Riverfront Hotel, because of its individual ownership of units, is largely assessed at a residential rate of 7.69%. It is unclear how this Property will be assessed. In addition, it should be clear that this Property resides within the Town Center West Urban Renewal Plan Area; therefore, all incremental property taxes received will go to the Avon Urban Renewal Authority. Subdivision Plat. A subdivision would be required in the future to accommodate this development proposal. Specifically, the following items would be handled with a replat: 1) The Applicant desires to vacate the drainage easements on the north and west sides of the Property, 2) Lot line adjustment for building encroachments, and 3) Potential Condominiumization. The timing of the subdivision plat is to be determined. Available Actions 1. Provide a Recommendation for Approval to Town Council, as submitted. 2. Provide a Recommendation for Approval with conditions to Town Council. 3. Provide a Recommendation for Denial to Town Council. 4. Continue the public hearing for the Application for a period not to exceed thirty-five (35) days, unless the Applicant consents to a longer time period. Staff Recommendation Staff recommends that PZC use the attached (Exhibit D) draft Findings of Fact as the foundation of a formal recommendation to Town Council. Staff recommends that PZC incorporate the following specific findings and recommended conditions of approval: A. Rezonine. The PZC recommends that Town Council APPROVE the REZONING Application with the findings set forth below: Findings: December 18, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 19 1 P a g e (1) The Rezoning application is in substantial compliance with §7.16.050(c), Rezoning Review Criteria, AMC; (2) Town Center (TC) zone district is in compliance with the Avon Comprehensive Plan and compatible with surrounding land uses; (3) The Rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated B. Major Design and Development Plan. The PZC recommends that the Town Council APPROVE the MAJOR DESIGN AND DEVELOPMENT PLAN Application, with the findings and conditions set forth below: Findings: (1) The Development Plan and Design review criteria in AMC §7.16.080(5), and §7.16.090(f) respectively, have been considered by PZC and the Application is found to be either in strict conformance with the criteria or otherwise fulfilled with an alternative design that meets the requirements of AEC approval; (2) PZC finds that the Application is in conformance with AMC §7.20, Zone Districts and Official Zoning Map, §7.24, Use Regulations, and §7.28, Development Standards; (3) The Lighting Plan and all proposed exterior lighting is in conformance with AMC §15.30, Outdoor Lighting Standards. (4) Pursuant to AMC §7.04.090(b), strict compliance with the Avon Comprehensive Plan, and sub -area plans, is not required due to the following: a. The development application is consistent with the general goals and intent of the Avon Comprehensive Plan taking into consideration the unique circumstances of the property, market conditions, and the current needs of the community; b. Strict compliance with multiple provisions of the Avon Comprehensive Plan is not practical; and, c. The procedures for amending the Avon Comprehensive Plan are not beneficial as applied to the development application for the purpose of promoting public involvement, community planning, updating the Avon Comprehensive Plan, or adopting or clarifying the precedence of a decision. Conditions: December 18, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 20 1 P a g e (1) Building Height must be confirmed at foundation and framing inspections to ensure compliance with the 80' maximum height requirement for the Town Center (TC) zone district; (2) All potential exterior signage must be approved by the PZC with a Master Sign Program application submitted by the property owner; (3) Prior to the issuance of any permits related to the construction of the project, the Town and Property owner will execute a Development Agreement incorporating elements including, but not limited to those cited in Matt Pielsticker's December 14, 2013 Staff Report; and (4) Pursuant to §7.28.090(j)(3)(iv)(A), the Property owner will provide park benches (to the specifications of the Main Street Plan), or other acceptable street furniture in the common space near the northwest corner of the building where the decorative patio is indicated. C. Alternative Equivalent Compliance. The PZC recommends that the Town Council APPROVE the concurrent ALTERNATIVE EQUIVALENT COMPLIANCE Application, with the findings and conditions set forth below: Findings: (1) The design alternatives contained in the Major Development Plan application meet the intent of the subject design and development standards to the same or better degree than the subject standard; and (2) The Application and building design impose no greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Development Code. Exhibits A—Application Materials B — Staff/Applicant Correspondence C — Public Comments D — Draft Findings of Fact and Recommendation December 18, 2012 Planning and Zoning Commission Meeting — PUBLIC HEARING Lot 61 Rezoning, Major Development Plan, Alternative Equivalent Compliance 211 P a g e Exhibit A to 12/14/12 Staff Report The following bound documents comprise Exhibit A: • 8 1/2" x 11" Binder, dated October 31, 2012 • 11" x 17" Binder, dated December 5, 2012 Applications to the Town of Avon for: Rezoning Major Development Plan Alternative Equivalence Compliance Submitted: September 24, 2012 Rev. October 26, 2012 Rev. October 31, 2012 Submitted by: u Mauriello Planning Group Consultant Directory Pak Koong,A.I.A. Senior Director Development Planning & Construction Wyndham Worldwide 8427 South Park Circle Orlando, FL 32819 206.724.5306 pak.koong@wyn.com Ted Hunter Senior Vice President Development Planning and Construction 407.626.4554 ted.hunter@wyn.com Oz Architecture Becky Stone 3003 Larimer Street Denver, CO 80205 303.861.5704 bstone@ozarch.com Mauriello Planning Group ' I Id Dominic Mauriello, AICP u PO Box 4777 Mauriello Planning Group Eagle, CO 81631 970.376.3318 dominic@mpgvail.com Marcin Engineering Tom Marcin 970.748.0274 MARCIN tom@marcinengineering.com ENGINEERING DHM Design Gregg Brown 1390 Lawrence Street, Suite 100 I RUM Denver, CO 80204 303.892.5566 2 Table of Contents A. Introduction 4 B. Background 5 C. Existing Site 6 D. Project Proposal and Detail 8 1. Program 8 2. Access and Service 9 3. Traffic Effects 10 4. Fire Department Access 10 5. Architecture 11 6. Signs 11 7. Lighting 12 8. Snowmelt and Snow Storage 12 9. Stormwater and Roof Drainage 12 10. Bicycle Racks 13 11. Parking 13 12. Water and Sewer 13 13. Easements 13 E. Zoning Analysis 14 F. Comprehensive Plan 15 1. Avon Comprehensive Plan 16 2. Avon West Town Center District Investment Plan 17 G. Zoning Map Amendment 23 H. Development Plan 27 I. Alternative Equivalence Compliance 31 J. Adjacents 34 K. Appendices 36 Application Forms 36 Tltle Report 36 Ability to Serve Letters and Easement Vacation Letters 36 Traffic Report 36 3 A. Introduction Wyndham Vacation Resorts (WVR), is submitting applications to the Town of Avon for the development of a 58 -unit timeshare and mixed-use project located at 75 Benchmark Road / Lot 1, Resubdivision of Block 2, Lot 61, Benchmark at Beaver Creek Subdivision. WVR is one of the world . A leaders in the vacation ownership business and is credited for having started the point based and transferrable timeshare products that dominate the market place today. The demand for timeshare structured ownerships is extremely high especially in unique destinations like the Town of Avon, a Rocky Mountain resort destination. WVR brings this strong background and its ability market this project world wide. One of the unique aspects of this WVR project is that it is being developed with 100% of the units developed to it highest quality standards - the Presidential Level. More typically in other resort locations Presidential Level units are limited to a lesser percentage of units within a project. This will be the first project developed by WVR with this high quality characteristic. The proposed five -story project will insert new life and vitality into the core of the Town of Avon with the addition of 58 new timeshare units, translating to new owners shopping, eating, and participating in all that the Town has to offer. These new guests will help to activate all of the existing businesses in this area of the Town and throughout. The project recognizes and respects the most recent redevelopment plans for Main Street and Lettuce Shed Lane. The proposed plan helps the Town implement its vision for the streetscape improvements desired in the Main Street area. All required parking is provided in a below grade parking structure with some additional short term parking available at the porte cohere which is accessed directly from West Benchmark Road. The project incorporates lodge amenities, including a grotto area with hot tub facilities, a guest lounge, a fitness center, sales office, a 1,000 sq. ft. retail space, and other lobby facilities typically found in a lodge facility. The following applications are included in this submittal: 1. Rezoning: The PUD approved in 2004 has since expired. The proposed zoning is Town Center, the zoning on the property prior to the approval of the PUD. 2. Major Development Plan: The project includes a 5 -story building containing 58 timeshare units varying in size from 778 sq. ft. to 1,973 sq. ft. with underground parking, lobby amenities uses on the first floor, and a retail component. d 3. Alternative Equivalent Compliance: There are various design -related issues that have been dealt with in a different manner than contemplated by the Avon Development Code. B. Background In 2004 the Town approved a PUD for Lot 61 (Ordinance No. 04-01) which allowed for residential, timeshare, and lodging densities of up to a maximum of 285 units plus 160 hotel rooms and a building height maximum of 105 ft. As part of the approval the previous owners dedicated a 50 ft. wide right-of-way for Lettuce Shed Lane and a 20 ft. easement for the transit center which substantially reduced the development envelope of the property. The PUD was vested for five years and expired in 2009. Although no development occurred on the property, but consistent with the development agreement, the dedication of the 50 ft. right-of-way and the 20 ft. transit center easement exactions survived the expiration of the PUD to the benefit of the Town. On October 23, 2012, the Avon Town Council, recognizing this dedicationis impact on the lot, agreed to allow the area of the Lettuce Shed Lane right-of-way to be included in the total lot size for the purpose of calculating lot coverage and landscape area. The proposed development plan for Lot 61 recognizes these previous exactions and all development occurs within the remaining site. \ \ \ FINAL PLAT \ TRACT G \ \ A REPLAT OF LOT 61, BLOCK 2 \ \ ore \ BENCHMARK AT BEAVER CREEK AVON CENTER AT BEAVER CREEK TOWN OF AVON, EAGLE COUNTY, COLORADO WI -6N,CO MERCIAL CENTER 50 ft. right-of-way platted a _ "`°° s°ss°° <\ f i Benchmark Court �` ^ ss a°s \ \ TRACT G \ /\ % < LOT 56, BLOCK 2 \ BEERK AT BEAVER CREEK O- INDICATESMET BENC_A WRESE ON ROAD \ \ TRACT G ry OT / 20 ft. transportation sR easement / \� A REPLAT CF LOT Bt, BLOCK 2 \ BENCHMARK AT BEAVER CREEK MARCIN ENGINEERING LLC \ AVON TOWN _ \ SQUARE CONDOS PA. B. X182 P.O. III.50113 \ - AVOK CO 81620 0AGM CO 131631 " ]98-0274 MO ) 82W F (970) 7913-8021 FAX (970)A(R FAX 5 C. Existing Site The site is located at 75 Benchmark Road / Lot 1, Resubdivision of Block 2, Lot 61, Benchmark at Beaver Creek Subdivision. The property is currently vacant, though it is occasionally used as informal parking, accessed from West Benchmark Road. The site is relatively flat with little existing vegetation and a large portion of it is graveled. There is a 20 ft. transportation easement along the southern property lie, which includes a portion of the bus lane, sidewalk, and transit shelter. Along the west property line is a 50 ft. public right-of-way, identified on the plat as CBenchmark Court❑ but commonly referred to as Lettuce Shed Lane. A Surrounding properties include the Seasons Building to the west, Avon Transit uses to the south, the Avon Town Square Center (i.e. Slifer Smith and Frampton Center) to the east, and the Avon Center Building to the north. iransir uses 7 D. Project Proposal and Detail 1. Program The Lot 61 development for Wyndham is proposed as 107,020 gross square building, with one level of underground parking and 5 stories of above -grade timeshare ownership units. The building is located in a welcoming landscape with public gathering spaces, enhanced pedestrian connectivity, visual connections from the intersection of Lettuce Shed Lane and Main Street as well as the main roundabout. The project includes 80,458 net sq. ft. of residential in a total of 58 units proposed for timeshare ownership sale, with hot tub amenities for project owners. The project also includes a total of 791 sq. ft. of commercial space suitable for retail. Specifically, the project includes: 58 time share units (density of 69 units per acre) 32 one bedroom units (778 - 1,033 sq. ft. each) 34 two bedroom units (1,248 - 1,463 sq. ft. each) 8 three bedroom units (1,866 - 1,973 sq. ft. each) 791 sq. ft. of retail/food space 650 sq. ft. of sales space 1,250 sq. ft. indoor whirlpool 515 sq. ft. fitness center 1,1 15 sq. ft. owner lounge 1,500 sq. ft. lobby area 9,417 sq. ft. of storage, offices, and other back of house uses 60 parking spaces including 2 ADA spaces The project is being developed in a five -story building, which allows the building to respect the views and reduce impacts to adjacent properties. The prior PUD approval allowed a height of up to 105 ft. which generated outcry and lawsuits from neighbors, therefore a more sympathetic height and profile is proposed. Additionally, given the small size of the site, development costs of parking and other infrastructure, and building code restrictions, five stories allows for a balanced and economically viable project. Another benefit of a lower profile building is that it can be developed in a more traditional way with a simple and straight forward approach and orientation to the pedestrian. This low profile allows the designers to move away from the complicated and cumbersome series of overhangs and stepbacks that were previously necessary for mitigating the impacts of a significantly taller building. The Wyndham Vacation Resorts in Avon is a four-sided property with pedestrian and visual connections to and from Main Street, Benchmark Road and Lettuce Shed Lane. The entry auto -courtyard and main guest lobby will be housed along the street -front of Benchmark Road. Adjacent to the entry drive is the entrance to the underground parking. The building has a series of stepbacks from the two ends A facing the mountain side of the building. These stepbacks are primarily to create a pedestrian scale at the street level and then also to step the roof to maintain interest in the massing. The ground floor on all three sides of the site includes active ground floor space (a mix of residential and non- residential use) that helps energize the pedestrian streets. Even with the lower profile of a five story building, the project achieves a high density in this core location at 58 units or 69 units per acre (by comparison, the Confluence project had an overall density of approximately 32 units per acre after removing the 5 -acre stream tract dedication). 2. Access and Service Lot 61 is a unique site within the Town of Avon. constrained sites in the Town with essentially a and with differing influences on each side: *Heavy traffic of the TownCs primary transit hub on the south side and 201i into the property; *Automotive traffic along the east side on Benchmark Road; Pedestrian traffic on the north and west sides. These constraints, along with the small size of the parcel, make it challenging to provide access and services necessary for the project. The project team overcame these obstacles with a simple and creative design that provides vehicular access directly to and from Benchmark Road without affecting the Main Street pedestrian -way and desired public plazas. This site is probably one of the most Cfront❑ on every side of the building The proposed project has vehicular access from Benchmark Road to an auto court and lobby entrance and underground parking access. The project has convenient access to transit. Town bus service is available approximately one foot from the southern boundary of the project at the transit stop constructed by the Town of Avon. Primary loading, trash removal and delivery for the project is via a multi -use corridor between Lot 61 and The Seasons, on Lettuce Shed Lane. Smaller service and delivery vehicles may access the project within the auto -court if needed or utilize the on -street pullout proposed by the Town on Benchmark Road intended for this purpose. The most challenging aspect was finding an appropriate location for trash collection and removal while minimizing impacts to Benchmark Road, the front door of the project where every guest arrives, the Townl3 transit operations, and pedestrian movements on Main Street and Lettuce Shed Lane. The trash collections space is located within the building and located at grade level. At collection time, a dumpster is rolled into Lettuce Shed Lane for a few moments and a refuse vehicle collects the trash from Benchmark Road to the south. The impacts will be managed in non -peak hours and only occur for a few minutes on collection days. The trash facilities for the Seasons Building are also located in this area just west of Lettuce Shed Lane. Because there are not significant food service uses within the project, the amount and character of the refuse is not significant or objectionable. Loading and delivery functions will occur in the proposed pull out area as shown in the Town Main Street Plan or within the porte cochere of the building. 3. Traffic Effects A Traffic Impact Study, completed by Kimley-Horn and Associates, has been submitted as part of this application. The study indicates that the proposed project is anticipated to generate 400 daily trips. The study states that the project will be incorporated into the existing roadway network with no impact on the level of service, which is currently at LOS A/B. The recommendations of the study have been incorporated into the site plan and include the following: *A stop sign for those exiting the property onto Benchmark Road *Appropriate site distance of 280 ft. (right) and 240 ft. (left), 15 ft. behind the edge of Benchmark Road *On-site and off-site signing and striping improvements incorporated onto the plans and to conform to Town of Avon standards. 4. Fire Department Access Fire truck staging will occur within Benchmark Road and within the bus stop areas in close proximity to one existing fire hydrant. Fire trucks will not drive on Lettuce Shed Lane or Main Street and therefore appropriately place standpipes or additional hydrants will be provided. A fire command center is provided within the building on the south west corner of the building. The entire structure is sprinklered. A pre - application meeting was held with the Eagle River Fire Protection District where these 10 details were provided to the development team and preliminarily agreed to by the District personnel, though additional review by the District is required. 5. Architecture The Wyndham Vacation Resorts project meets the intent of the Town of Avon Design Standards, with architecture and site design that contribute to the creation of a more unified architectural character for the Town Center. Materials conform to the permitted building and roof materials, and the building form responds to massing and form standards with particular attention to articulation especially in areas adjacent to significant pedestrian zones and public areas, while also tying into adjacent architecture. The building will be a more modern version of a lodge. The design uses gable roof forms and exterior decks to break up the scale of the building and to achieve 4 -sided architecture. There is no rack❑to this design. The building design includes very large windows and more urban materials to tie into the Town setting it sits in, yet still remains warm and inviting as a resort lodge. A stone base, set in a running brick - laid pattern grounds the structure. Warm, modern materials spring from this base and help to accentuate the building forms. Materials include a stained, cement - board product for a modern interpretation of horizontal siding. The stain will be a warm -wood color and will be accented by a bronze metal material that contrasts the color and highlights the railings and windows. As a backdrop to the stained siding, the building will have a blend of vertical siding in a warm grey tone and some small areas of creamy stucco at upper reaches of the building. The main roof will be asphalt shingles at a 6:12 pitch. There are areas where there are lower slope accent roofs to create a more pedestrian scale along the streets and to help with snow - dump zones at the main roof. These accent roofs will be standing seam metal and will contain snow fences or clips to hold snow. 6. Signs The plan indicates probable locations for future signage. As currently envisioned, signs will be located on the northeast corner of the building, incorporated into a site 11 wall, another smaller sign located on a column at the vehicular access to the garage and front door, surface mounted sign at the public plaza, and another located at the porte cochere. Additional signage is indicated for the proposed retail space. The full sign package will be submitted to the Town for review and approval after the entitlement process is completed. 7. Lighting Building lighting is indicated on the building plans for the project. All lighting is proposed to meet the Town's lighting standards and be dark sky compliant. Additional bollard lighting, which matches the Town's preferred standard for the Town core, is proposed within the porte cohere and auto court area. No additional site lighting is proposed. The plan indicates some preferred locations for the light fixtures proposed in the Town's streetscape plans for Main Street and Lettuce Shed Lane, for those areas adjacent to the property. 8. Snowmelt and Snow Storage The site is being developed with very little onsite paved areas. The auto court located at the porte cochere will be snow melted in order to maintain the entrance to the building in a high quality fashion. Given this small area of surface paving and the provision of a snowmelt system, no snow storage is being proposed. In accordance with section 7.28.020(l)(4), the applicant is requesting that the Town Engineer waive the onsite snow storage requirements due to the presence of a snowmelt system and the limited area of exposed surface parking and auto court improvements. 9. Stormwater and Roof Drainage Today the Town's stormwater system daylights onto Lot 61 on the north side of the property. This stormwater, from other areas north of the property, is being captured in a new stormwater pipe and directed around the property and down Lettuce Shed Lane, reconnecting to the Town's system at the southwest corner of the site. All of the garage and porte cochere drainage is being captured onsite and pumped through a stormwater quality device located under Lettuce Shed Lane which connects to the Town's system. Roof and surface drainage located in the front porte cochere and entry drive is being directed into the garage drainage system. A gutter, downspout, and heat tape system is proposed for those areas of the roof that 12 can be day -lighted into landscape areas. Where there is not an opportunity to daylight roof drainage into a landscape area, this roof drainage is being captured and connected into the garage drainage system eventually making its way to the Town's stormwater system. 10. Bicycle Racks Bicycle racks and storage are planned within the parking garage. An additional bicycle rack is proposed at the northwest corner of the building. 11. Parking There are a total of 60 parking spaces being provided onsite. The parking required for the project is 53 parking spaces - 58 timeshare units (accommodation units), a 1,000 sq. ft. retail space, and taking the 15% reduction allowed for a mixed use project in the Town Center. 12. Water and Sewer The project will connect to existing water and sewer lines located adjacent to the property. According to the Town, the property is vested for for a total of 35.8 SFE water rights credit. At a minimum the project will create 58 SFEs for the timeshare units and likely some additional amount for the amenities, irrigation, and retail space. The additional water rights will be obtained through a payment in -lieu to the Water Authority. 13. Easements Lot 61 is currently encumbered with three easements: a 20 ft. transportation hub easement which is currently developed with the transit center uses; a 7.5 ft. utility and drainage along Lettuce Shed Lane; and a 10 ft. utility and drainage easement along Main Street. As mentioned previously, a 50 ft. wide strip of right-of-way was dedicated from this property to the Town with approval of the previous PUD along with the granting of the 20 ft. transportation easement. Following approval of the project through the entitlement process, the applicant will seek to vacate the 7.5 ft. and 10 ft. utility easements. These easements do not currently contain utilities and are adjacent to 50 ft. rights-of-way which currently contain utilities which serve the area. These easements are redundant and removal allows the project, specifically underground parking areas, to be developed to the fullest extent possible. 13 E. Zoning Analysis The property was most recently zoned PUD #27. PUD #27 was approved in 2004; however, all approvals of the PUD have expired. The PUD allowed for a mixed use project with approximately 60,000 sq. ft. of retail and commercial uses, and approximately 220,000 sq. ft. of residential (including timeshare units, accommodation units, and condominium units.) The current Town of Avon Zoning Map of the property is provided below: ,oning Districts Residential Duplex Town Center Residential Low Density Industrial and Commercial Residential Medium Density C' Public Facility Residential High Density Park Residential High Density Commercial (Retired) Open Space, Landscaping and Drainage Neighborhood Commercial _ Planned Unit Development Shopping Center (Retired) Planned Unit Development, Open Space Mixed Use Commercial %� Short Term Overlay Avon Town Boundary G PUD Boundary Roads 10 PUD Number I-70 Rivers and Lakes The site is proposed to be zoned ❑Town Center,❑the purpose of which is: The TC district is intended to provide sites for a variety of uses such as hotels, commercial establishments, offices and some residential uses in a predominately pedestrian environment. The Town Center should be distinguished from other areas in the Town and serve as the focal point for social, business and cultural activities. This district contains the highest intensity of uses and should serve as the major transit destination as well as provide high levels of pedestrian accessibility. The TC district implements the mixed-use classification of the Avon Future Land Use Plan. The Town Center zone district allows multiple -family dwellings and timeshare units as a permitted use. The Town Center zone district provides flexibility for development in this area of Town, and provides the following dimensional limitations: Table 7.20-9 Dimensions for the Town Center District Min. Lot Size Alin. Lot Max. Lat Min. (acres or sq, Mdth Coverage Landscape Min. Front Min. Side Klin. Rear _flax. Building ft.) (feet) (°o} Area (%) Setback (feet) Setback (feet) Setback (feet) Height (feet) ria Ir a 50 [5] 20 0 [1.4] 7.5 [2] 10 [3] so [1] lufill development shall match the smallest setback of existing, adjacent structures - [2] TC abutting a residential district shall match the side yard setback standards of that district - [3] When abutting a public street, alley or public right-of-way_ The rear setback for TC abutting a residential district shall be 20 feet, regardless of the location of any street, alley or ROW_ [4]Nonresidential development that incorporates public space such as a plaza or courtyard into the building design may increase the front setback by up to 20 feet to accommodate that area up to 40% of the front building line. [5] May be increased to 8010 if employee housing mitigation is provided in accordance with Section 7.20.100. 14 As the following table indicates, the proposal meets the development standards as provided by the Town Center district: Standard Allowed/ Required Proposed Minimum lot size: NA 36,823.68 sq. ft. or 0.845 acres Density: Unlimited 58 units or 69 units per acre Maximum building height: 80 ft. 80 ft. Minimum setbacks: Front: 0 ft. 0 - 20 ft. (all 4 sides are fronts) Maximum site coverage*: 23,273 sq. ft. / 50% 18,780.08 sq. ft. / 40% Minimum landscaped area*: 9,309 sq. ft. / 20% 9,425 sq. ft. / 20.25% Parking 53 spaces 60 spaces * Based on a lot area including Lettuce Shed Lane of 46,546.68 (an additional 9,723 sq. ft.) The following table provides the parking calculations for the proposal: Use Calculation Spaces Required Timeshare Unit 1 space per unit (AU) 58 Retail 4 spaces per 1,000 4 Total 62 Mixed Use Reduction 15% 53 As proposed, the project exceeds the parking requirements of the Avon Development Code. F. Comprehensive Plan Development in this area is reviewed for consistency with the Avon Comprehensive Plan, and more specifically, the Avon West Town Center District Investment Plan, adopted in August of 2007. The adoption of this plan followed several years of research and public process during a time when Avon and the entirety of Eagle County were experiencing exceptional growth and development pressures. The plan was developed somewhat in response to that pressure and the resulting public and private revenues that came with it. Now, five years after its adoption, many of the 15 development assumptions that were reasonable at the time may no longer hold true. Partially in recognition of this fact and given that the Town has a variety of master planning documents that comprise its Comprehensive Plan that contain language that can be interpreted as Emandatory❑ rather than IFcdvisory❑ in nature, in 2010 the Town adopted the Avon Development Code which contains the following policy statements contained within Section 7.04.090(b): zad \• Series of Publk Platys Roundabout Cro \Vept� lar and Pedestr V • ® Zi Dugram roira xale.�rn�..r..9i n, r Any language in the Comprehensive Plan document which states that any provision, guideline or policy is mandatory shall be subject to this Section. This Section shall apply and supersede any language contained in the Comprehensive Plan documents concerning interpretation and application of any Comprehensive Plan document. In all cases where compliance or consistency with the Comprehensive Plan is a criteria for review, the reviewing entity may determine that strict compliance with the Comprehensive Plan is not required under the following circumstances: 1. The development application is consistent with the general goals and intent of the Comprehensive Plan, taking into consideration the unique circumstances of the property, market conditions and the current needs of the community, 2. Strict compliance with multiple provisions of the Comprehensive Plan is not practical; and 3. The procedures for amending the Comprehensive Plan are not beneficial as applied to the development application for the purpose of promoting public involvement, community planning, updating the Comprehensive Plan or adopting or clarifying the precedence of a decision. Therefore, the Avon Comprehensive Plan, including the West Town Center Plan, is advisory in nature despite statements and direction provided in the document to the contrary. 1. Avon Comprehensive Plan The Avon Comprehensive Plan includes discussion regarding the West Town Center and includes the following language: District l: West Town Center District 16 The role of the West Town Center District is to serve as the heart of the community. Social, cultural, intellectual, political, and recreational gatherings occur in this district. In addition, the district acts as the common ground between the full-time residents, part-time residents, and destination guests through diverse retail and entertainment opportunities. The West Town Center District will be an intensely developed mixed use, pedestrian - oriented area that serves as the primary focus for residential and lodging development within the overall Town Center. Currently, this district provides a diversity of land uses in vertically mixed-use buildings. Uses include retail, office, residential, government services, civic facilities, and parks loosely grouped around a 50 -foot pedestrian mall right-of-way. The final sentence and the graphic make it clear that the policies were directed toward Main Street and the i50 -foot pedestrian mall right-of-way.❑ The proposed Wyndham project is consistent with the Avon Comprehensive Plan as the project seeks common ground between full-time residents, part-time residents, and destination guests by providing adding to the diversity of retail opportunities found in Avon. 2. Avon West Town Center District Investment Plan Following the adoption of the Avon Comprehensive Plan in 2006, the Avon West Town Center District Investment Plan was adopted in 2007, specifically providing guidance to development in the West Town Center area, as indicated on the map below: Section B. District -Wide Guidelines, provides the general recommendations for the Town Center District. It states the following with regards for overall objectives: • To make the Town Center and Main Street a focal point of the community. • To utilize the principles of smart growth, urbanism, and sustainability to illustrate the value and opportunity for efficiency and sustainable design. • To create a fitting and genuine character for the community. • To create a safe, comfortable and convenient environment for pedestrians. 17 To further the objectives of this section, the Plan then lists more specific intent and guidelines. The following table summarizes the intent and guidelines and provides an analysis of the proposed WVR development. Intent Summary of Priority Guideline Wyndham Analysis B.1 Dense Establishes minimum and The project meets the maximum FAR of 7:1 and Development maximum FAR to encourage the minimum FAR of 1.5:1. As proposed, the dense development FAR is 3:1. B.2 Mixed -Use Establishes first floor uses as When this concept was developed before the Development commercial with residential recession, there may have been market and office above support for additional retail areas within the Main Street district but in todayLs economic climate and given the great number of vacant retail store fronts, providing additional competition to existing retail and restaurant owners is not prudent especially since the space will likely sit vacant for a decade or more. This policy was developed when the Main Street was envisioned as a automobile and pedestrian street. Main Street is now being developed as a pedestrian only path which significantly reduces the viability of retail along this corridor. Finally, the West Town Center Plan assumed the development of a significant public parking structure to serve this Main Street corridor. Without this parking structure or the demand to fill it, any significant retail offering in this location will likely be unsuccessful. B.3 Jobs -Housing Establishes recommendations This project will provide a wide variety of jobs Balance for creating jobs with wages with a wide variety of wages. The availability that match available housing of adequate and affordable housing, post - choices recession, exists within the Town of Avon. B.4 Civic Art Establishes that civic art should The architecture of the proposed building will be incorporated into provide significance to this area as a gateway infrastructure projects, and the to Main Street. The Towns plan for a public need for gateways at plaza and art installation on Main Street will appropriate locations to the also enhance the civic quality of this area. Town Center B.5 Character Discourages Etheme❑ The proposed architecture is compatible with Misrepresentation architecture (ie. Mining theme adjacent properties and is not theme oriented. and LTheme❑ would be inappropriate for Environments Avon) and encourages compatibility with adjacent properties. B.6 Important Identifies important public view The project is designed to preserve all primary Public Views corridors for protection. views as indicated on the FJmportant Public Views❑diagram. 18 Intent Summary of Priority Guideline Wyndham Analysis B.7 Solar Encourages sun exposure and The site planning and landscape planning for Orientation and the use of deciduous trees in the site encourages sun exposure. Shading Exposure public spaces. B.8 Water Encourages management A stormwater plan is included with the project. Resources principles to reduce surface water pollution, prevent flooding, and conserve potable water E.1 Sustainable A minimum of LEED CCertifiedu As stated above and in the Avon Development Buildings is required of all projects. The Code, this policy is not mandatory nor required. ertified0rating is the lowest The applicant is not proposing to be a LEED requirement LEED certification Certified Building. awarded. E.2 Pedestrian Pedestrian access must be Pedestrian access has been designed to meet Access visually and functionally clear. this guideline allowing clear and easy Winter conditions should be pedestrian access to this building. The taken into consideration. proposed plan incorporates the Towne proposed plans for the redevelopment of Main Street and Lettuce Shed Lane and provides enhancements to those pedestrian -way plans. E.3 First Floors Ground levels of buildings shall The project is being proposed as a five story be pedestrian friendly in scale, building. The first floor is being articulated and expression, and use of designed to a pedestrian scale. Main Street is materials. a very wide corridor of 50]or more of separation of buildings. The width of this corridor naturally reduces the impact of bulk and scale of the buildings that are adjacent. The materials being used on the first floor are generally glass and stone to provide a rich and high quality feel to the pedestrian. EA Building Articulation shall be provided The building has been designed to provide Articulation along facades visible from articulation along the visible streets and streets and residential areas. residential areas. E.5 Rooftops Buildings with flat roofs are The building has been designed with a sloping allowed but must use other roof form to achieve a prominent edge when devices to create a prominent viewed against the sky. edge when viewed against the sky. E.6 On -Site Pedestrian connections must Pedestrian connections have been provided Parking be provided between parking as well as significant landscape screening. lots, and parking lots shall be screened. E.7 Automobile Primary auto access must be Automobile access is provided off of Access off Benchmark Road or East Benchmark Road. Beaver Creek Boulevard. 19 Intent Summary of Priority Guideline Wyndham Analysis E.8 Materials and Buildings should utilize muted No stucco is used on the first floor areas of the Construction colors. Building facades and building. It should be noted that these the veneer of the columns shall statements are advisory and not mandatory in be made of stone, brick, metal, nature. Stone veneer is being used extensively or other. Stucco and drivit are on the exterior of the building. prohibited. E.9 Energy Alternative energy sources are The applicant will be discussing the ability to Conservation recommended for public tap into the Towns heat recovery system for structures, and private many public and provide areas onsite. development is encouraged to tap into city -operated alternative energy sources. E.10 General Sign Signs must be externally Signs will be submitted at a later date, but will Requirements illuminated. Refer to Towne be designed to meet the Towne sign code. Sign Code. E.12 Allowable Wall -mounted, window signs, Signs will be submitted at a later date, but will Sign Types awning signs, vertical blade be designed to meet the Townl sign code. sign E.13 Sign Refer to Avon Sign Code Signs will be submitted at a later date, but will Allowance be designed to meet the Townes sign code. Finally, the Avon West Town Center District Investment Plan, provides specific recommendations for Lot 61. Some of the recommendations of the plan are based on the previously approved PUD and may no longer be valid. The Plan recognizes the importance of Lot 61, stating on pg. 67: Lot 61 is an integral piece of the Town Center streetscape. It forms a major gateway to Main Street. As the centerpiece to the views of Main Street from Avon Road, the northeast corner of the building must be designed in the character desirable for the entire Town Center. Lettuce Shed Lane becomes an extremely important access portal to the Main Street, entering from the gondola and the transit center. This portal must visually and functionally provide a link for pedestrians. Finally, the Avon Station is located directly south of this site. Transit centers are often viewed as a liability to an area because of the bus traffic and occasional crowds of people. This view is incredibly short-sighted. This vitality ensures transit hubs in major cities around the world become the true Etown centers nbecause of the vitality and consistent stream of pedestrians. Main Street will have the opportunity to be the primary pedestrian activity area for the entire redevelopment. However, this corridor runs east to west with larger existing and proposed buildings surrounding it. A concern is that without careful building design, the Main Street could result in an unpleasant pedestrian environment that is overshadowed, cold and uninviting. It is the intent to create the very best possible pedestrian street environments surrounding Lot 61, without compromising the value of the redevelopment. 20 To further the objectives of this section, the Plan then lists more specific design principles and priority guidelines. The following table summarizes these and provides an analysis of the proposed WVR development. Design Principle I Wyndham Analysis Access and circulation will play an important urban design role in the build out of Lot 61. Lot 61 is surrounded by streets, two of which are primarily pedestrian- oriented. The intent of Main Street is to provide a pedestrian -oriented street, where automobiles are subservient to pedestrians. Lettuce Shed Lane is identified as a pedestrian - only corridor with emergency access. In pedestrian -oriented areas, automobile and service access is minimized. The intent is to provide a transit center station within the building at the southwest corner of Lot 61. This interior space should be incorporated into the development and considered at the time of land use and building permit approvals. The northwest corner treatment of the Lot 61 building shall act as an urban design focal point for those traveling eastward along Main Street and those traveling from within internal spaces of Avon Center. The intent is that the architecture will be an iconic entrance to the retail space within. The northeast corner of Lot 61 provides an opportunity to accentuate the gateway and starting point of Main Street. High quality architectural design is required in this area. The Lot 61 building shall be granted an easement and be permitted to extend into the right-of-way as long as the design guidelines are met. An arcade has been considered in the urban design plan that extends 10 feet into the Lettuce Shed Lane right-of-way. This should provide an attractive retail environment that is protected from weather. An easement shall be provided to allow for this 10 foot encroachment provided the guidelines are met. WVR has been design to reflect this principle. No automobiles are proposed on Main Street and Lettuce Shed Lane has been designed for emergency access and for trash service only for the building. The intent is to maintain both these streets as pedestrian -oriented consistent with the Town3 2012 adopted plan for these pedestrian streets. No transit center is proposed with the project as it was developed by the Town across the street from Lot 61. A transit enclosure exists within the 20 ft. easement provided by Lot 61 to the Town. Two significant exactions of land have already occurred on this lot. The northwest corner has been designed as a landscaped plaza area, with the architecture of this corner acting as a focal point. The corner of the building is clipped at a 45 degree angle to create interest in the architecture to open this intersection of Main Street and Lettuce Shed Lane, creating more light and air. The building is located entirely within the property boundaries and therefore no easement is necessary. The proposed architecture is of high quality. The Town Main Street Plan implements this gateway and starting point as shown in its 2012 adopted plan. No arcade is proposed and therefore no encroachment is necessary. 21 Design Principle A 20 foot wide ground floor easement has been incorporated in the urban design plan on the southern property line of Lot 61, referred to as Benchmark Road arcade. This arcade should provide a covered pedestrian space for transit loading/unloading as well as additional access to the proposed transit center station. The upper floors of the building are allowed to cantilever over the 20 foot easement, thus creating an arcade. All plazas shall receive the majority of the sun. The intent is to create a hierarchy of sun pockets. The northern side of the street shall receive sun, as well, over varied times of the day. Important north to south connections, such as Lettuce Shed Lane, also need sun exposure during varied times of the day. Recognizing that Main Street is an east/west corridor, it is impossible to allow for sun on the southern side of the street and still allow for density. The northern terminus of Lettuce Shed Lane is the Lettuce Shed Plaza. It is envisioned to offer a variety of activity for all ages and capture sun throughout the day. The architecture and land uses surrounding this gathering space will be instrumental in its success. Sun spaces are shown in diagram F.2. The Primary Sun Spaces are to have sun exposure at 10:00 am, 12:00 pm, and 2:00 pm on the shortest day of the year (Winter Solstice). Secondary Sun Spaces may be in shade during only one of these hours. Wyndham Analysis Lot 61 has already granted a 20 ft. transit center easement and the transit facility has already been developed by the Town. No cantilever of the building is proposed. The building has been oriented recognizing the effects of sun and shade on public plazas. Lettuce Shed Lane remains unencumbered by structures and therefore allows sun into the Main Street area. The orientation of the building at this important terminus of Lettuce Shed Lane is intended to ensure the success of the TownFs plaza at this location. The corner of the building in this area was clipped 45 degrees to further open the plaza. In addition, the landscaping on the WVR property is designed to make this plaza a focal point. As is evident in the site plan, WVR has been designed similar to the layout provided in diagram F.2, which will maximize sun exposure. Also, the original design of Lot 61 was a much taller building at 105 ft. The proposed building now meets the 80 ft. requirement, minimizing the impacts on sun/shade. Priority Guidelines Supporting elements such as columns must be proportional to the mass above. The minimum frontage for the Transit Center facing Lettuce Shed Lane and the Avon Station area shall be 15 feet of each facade. The ground floor fanade must be attractive for those waiting for transit. Any supporting elements have been designed to be proportional to the mass of the building. No transit center is proposed within the project as it has been developed on the opposite side of the street. The ground floor facade is high-quality materials with details that are attractive for those waiting for transit. 22 Design Principle Wyndham Analysis Lighting inside the arcades shall be incorporated No arcade is proposed. into the design. The pavement pattern inside the arcades shall be No arcade is proposed. compatible with the public space while creating a seamless pedestrian environment. Avon Station shall be incorporated into the No arcade is proposed and the Town already southern arcade. The signs shall be clearly visible constructed a transit center on the opposite from inside the arcade transit shelter and Lettuce side of the street. Shed Lane. If second floor extension into public property is No second floor extension into public property granted; the developer shall provide heat lamps is proposed. in the arcade. Below are diagrams from the Plan which indicate general site planning principles for the site. These principles have been included in the site planning for WVR. .......�u, \ a F.2 PUBLIC SPACE G. Zoning Map Amendment The property is currently not zoned due to the expiration of the previous PUD in 2009. As a result, the applicant is requesting the property be zoned Town Center. Prior to the PUD approval, the property was zoned Town Center. Section 7.16.050 Zoning Amendments of the Town of Avon Development Code provides the criteria for review for any zoning amendment. The Planning and Zoning Commission reviews the amendment and provides a recommendation to the Town Council, who then renders the final decision. The criteria for review of a zoning amendment, along with an analysis, are provided below: (1) Evidence of substantial compliance with the purpose of the Development Code; Applicant Response: The purpose of the Development Code is provided in Section 7.04.030 Purposes of the Avon Development Code: 23 The Development Code is intended to promote and achieve the following goals and purposes for the Avon community, including the residents, property owners, business owners and visitors: (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; (c) Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code; (d) Avoid undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; (f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality, (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; (h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; (i) Achieve or exceed federal clean air standards; (j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, 24 eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; (k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist -based economy and preserve property values; (I) Promote architectural design which is compatible, functional, practical and complimentary to Avon's sub -alpine environment, (m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural resources and attain sustainability; (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy, (o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in investment expectations; and (p) Promote the health, safety and welfare of the Avon community. As demonstrated by this document and all of the plans submitted, the proposal is consistent with and in substantial compliance with the purpose of the Development Code. (2) Consistency with the Avon Comprehensive Plan; Applicant Response: A complete analysis of the projects consistency with the Avon Comprehensive Plan and the West Town Center Plan, an element thereof, is provided in Section F of this submittal. As proposed, the project is consistent with the goals and objectives of the Avon Comprehensive Plan. (3) Physical suitability of the land for the proposed development or subdivision; Applicant Response: The site is currently vacant, substantially flat, and surrounded by existing mixed-use development. The site is suitable for development under the Town Center zone district. (4) Compatibility with surrounding land uses; Applicant Response: Surrounding properties include the Seasons Building to the west, Avon Transit Uses to the south, the Avon Town Square Center (i.e. Slifer Smith and Frampton Center) to the east, and the Avon Center Building to the north. Other than the transit uses, these properties are also zoned Town Center. Generally, 25 all these buildings are mixed use, similar to the proposal. As a result, the uses allowed by the Town Center zone district are compatible with surrounding land uses. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned Applicant Response: The proposed zoning to Town Center is justified by the goals of the Town of Avon as evidenced by the plan for Main Street. Town Center is the appropriate zoning designation based on the character of the Main Street area and given that it was the zoning of the property prior to the PUD approval in 2004. (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; Applicant Response: Ability to Serve letters from all the various utility companies have been provided. As currently proposed, the development on this site is substantially less than was approved in 2004. The previously approved PUD allowed for over 280,000 sq. ft. of commercial and residential uses. The current proposal is less than half of that, with only 107,202 sq. ft. of gross floor area. As a result, there are adequate facilities to serve the development under Town Center zoning. Water rights dedication fees will be paid to the water authority for any density in excess of the current vesting for the property. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district, Applicant Response: The purpose of the Town Center zone district is as follows: The TC district is intended to provide sites for a variety of uses such as hotels, commercial establishments, offices and some residential uses in a predominately pedestrian environment. The Town Center should be distinguished from other areas in the Town and serve as the focal point for social, business and cultural activities. This district contains the highest intensity of uses and should serve as the major transit destination as well as provide high levels of pedestrian accessibility. The TC district implements the mixed-use classification of the Avon Future Land Use Plan. The proposed Wyndham project will consist of 58 timeshare units, a small retail shop, and associated hotel functions. This mixed-use project is consistent with the purpose of the Town Center zone district. (8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife and vegetation, or such impacts will be substantially mitigated, Applicant Response: Because the property is a vacant lot surrounded by properties which have been developed for years, there are little impacts to the natural 26 environment. A Stormwater Management Plan has been submitted with this application and there are no impacts to wildlife and vegetation. (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract, Applicant Response: Surrounding properties are zoned Town Center or PUD and are of similar mixed-use development as is proposed at this site. There are no adverse impacts to properties in the vicinity. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and Applicant Response: Not applicable. (11) Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. Applicant Response: The proposed zoning will result in a project with lesser intensity of land use than approved in the 2004 PUD. There will be less demand on public facilities and infrastructure than previously approved. H. Development Plan Section 7.16.080 Development Plan of the Avon Development Code provides the review criteria for a development plan. In the Town Center zone district the Town Council renders the final decision upon recommendation by the Planning and Zoning Commission. The following section provides the review criteria for a development plan along with an analysis of the project using these criteria: (1) Evidence of substantial compliance with the purpose of the Development Code as specified in Section 7.04.030, Purposes; Applicant Response: The purpose of the Development Code is provided in Section 7.04.030 Purposes of the Avon Development Code: The Development Code is intended to promote and achieve the following goals and purposes for the Avon community, including the residents, property owners, business owners and visitors: (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall 27 conform; establish standards for use of areas adjoining such buildings or structures; (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; (c) Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code; (d) Avoid undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; (f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality, (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; (h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; (i) Achieve or exceed federal clean air standards; (j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; (k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist -based economy and preserve property values; (I) Promote architectural design which is compatible, functional, practical and complimentary to Avon's sub -alpine environment, (m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, 28 reduce consumption of non-renewable natural resources and attain sustainability; (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy, (o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in investment expectations; and (p) Promote the health, safety and welfare of the Avon community. As demonstrated by this document and all of the plans submitted, the proposal is consistent with and in substantial compliance with the purpose of the Development Code. (2) Evidence of substantial compliance with Section 7.16.090, Design Review. Applicant Response: Section 7.16.090, Design Review, provides the specific purposes of design review, and state: (I) To prevent excessive or unsightly grading of property that could cause disruption of natural watercourses or scar natural landforms; (2) To ensure that the location and configuration of structures, including signs and signage, are visually harmonious with their sites and with surrounding sites and structure and that there shall be conformance to the Comprehensive Plan of the Town; (3) To ensure that the architectural design of structures and their materials and colors are visually harmonious with the Town's overall appearance, with natural and existing landforms and with officially approved development plans, if any, for the areas in which the structures are proposed to be located; and (4) To ensure that plans for the landscaping of property and open spaces conform with adopted rules and regulations and to provide visually pleasing settings for structures on the same site and on adjoining and nearby sites. As demonstrated by this document and all of the plans submitted, the proposal is consistent with and in substantial compliance with the purpose of the design review. Furthermore, this section provides review criteria for recommendations and decisions on design review, which are: 29 (1) The design relates the development to the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole; (2) The design meets the development and design standards established in this Development Code; and (3) The design reflects the long range goals and design criteria from the Avon Comprehensive Plan and other applicable, adopted plan documents. As demonstrated by this document and all of the plans submitted, the proposal is consistent with and in substantial compliance with these criteria for design review. (3) Consistency with the Avon Comprehensive Plan; Applicant Response: A complete analysis of the project3 consistency with the Avon Comprehensive Plan and the West Town Center Plan, an element thereof, is provided in Section F of this submittal. As proposed, the project is consistent with the goals and objectives of the Avon Comprehensive Plan. (4) Consistency with any previously approved and not revoked subdivision plat, planned development or any other precedent plan or land use approval for the property as applicable; Applicant Response: Any development approved by the 2004 PUD have since expired. The subdivision plat which was recorded with the PUD approval remains valid, and all established easements and rights-of-way of the plat are respected. (5) Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations and Chapter 7.28, Development Standards; and Applicant Response: Section E of this submittal provides an analysis of the project -s compliance with the above -referenced sections of the Avon Development Code. In cases where the project does not meet standards, alternative equivalence compliance requests have been included. As a result, the project is in compliance with the standards of the Avon Development Code. (6) That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection and emergency medical services. Applicant Response: Ability to Serve letters from all the various utility companies have been provided. As currently proposed, the development on this site is substantially less than was approved in 2004. The previously approved PUD allowed for over 280,000 sq. ft. of commercial and residential uses. The current proposal is less than half of that, with only 107,202 sq. ft. of gross floor area. As a result, there are adequate facilities to serve the development under Town Center zoning. 30 Water rights dedication fees will be paid to the water authority for any density in excess of the current vesting for the property. I. Alternative Equivalence Compliance Alternative equivalent compliance (AEC) is a procedure that allows development to meet the intent of the design -related provisions of this Chapter through an alternative design. It is not a general waiver or weakening of regulations; rather, this application procedure permits a site-specific plan that is equal to or better than the strict application of a design standard specified in this Development Code. This procedure is not intended as a substitute for a variance or administrative modification or a vehicle for relief from standards in this Chapter. The applicant is requesting the AEC for the following items: Provision for first floor retail, personal service, and restaurants on the street level for of a building located on Benchmark Road, Lettuce Shed Lane, and Main Street; Related to the provision°E,i� above, the design � standard is the spacing of i commercial entrances and glazing requirements; and *Provision for an 8' building stepback for primary walls between 12 ft. and 45 ft. in height. Section 7.16.120 Alternative Equivalent Compliance provides the review criteria for an alternative equivalent compliance application: (1) The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; Applicant Analysis: First Floor Retail/Glazing - The concept and later the design standard requiring that the first floor of essentially every building in the Town Center be developed with retail uses no longer recognizes the lack of demand for retail space or the change in economic conditions, particularly in the core of Avon. In a robust economy with significant demand for these types of uses, this type of provision would make sense and property owners would respond to this demand. This area of town has significant vacancies on the ground floor especially along the Main Street corridor. Introducing additional retail uses will only exacerbate the problem and largely ensure that the space will be vacant or that the operator will 31 have to significantly subsidize rents to attract occupants (an operating loss for the property owner). When this policy was developed Main Street was envisioned as an automotive street shared with pedestrians. Before the recession an automobile - oriented street may have allowed retail and other commercial pursuits to be successful in this area but now that the street is being developed as a pedestrian only path, the amount of consumer traffic and the accessibility is significantly reduced, thus making retail uses much less viable. Additionally, a public parking structure was to be constructed at the west end of Main Street feeding skiers and shoppers into the core. This parking structure has not been developed and could be decades away from completion. In recognition of the changing economy and local conditions, the applicant is proposing a timeshare lodge product that will include typical lodge uses and amenities on the first floor (reception, lobby, spa amenities, fitness ,etc.) along with one retail space positioned on the property in the most likely position for success. The timeshare use will help achieve the other primary goal of the town which is to added guests and density within the core of the Town. These new guests will act to activate existing businesses in the area (Bob's Place, Ticino, China Garden, Avon Liquor, etc.) and help great a market to fill vacant spaces in the Season's Building and Sheraton annex building. The retail space is provided on the south side of the building fronting directly on the Avon Transit Center. The space has great solar access as well as frontage to an area where pedestrians are ever-present. The quality of the materials on the first floor (largely stone), the extensive area of the commercial oriented glazing, and the provision of landscape and public plaza space will provide a quality aesthetic to the pedestrian street. Building Stepback - The intent of the 8 ft. building stepback provision is to ensure that the building is scaled appropriately to adjacent pedestrian areas. The provision is prescriptive and primarily aimed at tall buildings (like the 105 ft. tall previously -approved building) and does not recognize other factors that affect building scale. In consideration of the height of the building in a pedestrian context, it is important to consider its location relative to the edge of the pedestrian path and the entire width of the corridor (building face to building face on either side of the corridor). Both Main Street and Lettuce Shed Lane are very wide corridors lending themselves to taller buildings on either side in hopes of providing the kind of enclosure that is needed to make the spaces feel more intimate. In the case of Lot 61, making the space more intimate is more important than responding to a uniform concept of building stepbacks. (2) The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the some or better degree than the subject standard; Applicant Analysis: A complete analysis of the projects consistency with the Avon Comprehensive Plan and the West Town Center Plan, an element thereof, is provided in Section F of this submittal. As proposed, the project is consistent with 32 the goals and objectives of the Avon Comprehensive Plan and the proposal achieves the goals and policies of the Avon Comprehensive Plan. (3) The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and Applicant Analysis: The proposed plan will create viable and reasonable uses on the first floor and will better respond to the underlying goal of the standard: to generate public and private revenues and create a vibrant street. The proposed project also provides high quality and varying building materials on the entire facade of the building, provides extensive balconies throughout the extents of walls and at the second story helping to provide a pedestrian scale, a provision of a color scheme that softens the building, and building setbacks from the actual pedestrian path that help reduce the perceived massing. (4) The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Title. Applicant Analysis: Due to the high quality of the proposed project, there is no greater impact on adjacent properties. In fact, the construction of these 58 Presidential -level unit timeshares will benefit the surrounding uses, as owners will shop, dine, and use the services provided in the businesses surrounding the area. 33 J. Adjacents ALPINE AVON BUILDING CO LLC PO BOX 10000 GLENWOOD SPRINGS, CO 81602 AVON 56 LTD TAX ACCOUNTING US BANK 2800 E LAKE ST MINNEAPOLIS, MN 55406 AVON TOWN SQUARE COMMERCIAL CONDOMINIUM ASSOCIATION, INC. GARY L. ATKINSON PO BOX 2816, AVON, CO 81620 THE SEASONS AT AVON COMMERCIAL CONDOMINIUM ASSOCIATION SALLY CAPLES PO BOX 915, AVON, CO 81620 THE SEASONS AT AVON RESIDENTIAL CONDOMINIUM ASSOCIATION SALLY CAPLES PO BOX 915, AVON, CO 81620 TOWN OF AVON PO BOX 975 AVON, CO 81620 EAST WEST RESORT DEVELOPMENT XIV LP LLLP DRAWER 2770 AVON, CO 81620 RIVERFRONT MOUNTAIN VILLAS CONDOMINIUM ASSOC INC 9002 SAN MARCO CT ORLANDO, FL 32819 RIVERFRONT VILLAGE HOTEL LLC DRAWER 2770 AVON, CO 81620 RIVERFRONT RESORT & SPA OWNERS' ASSOCIATION EAST WEST RESORTS PO BOX 5480, AVON, CO 81620 POINTS OF COLORADO INC STARWOOD VACATION OWNERSHIP TAX DEPT 9002 SAN MARCO CT ORLANDO, FL 32819 34 AVON CENTER AT BEAVER CREEK - I HOMEOWNERS ASSOCIATION MICHAEL J REPUCCI C/O VAIL MANAGEMENT CO P. O. BOX 6130, AVON, CO 81620 AVON CENTER AT BEAVER CREEK RESIDENTIAL CONDOMINIUMS -I, LTD. DONALD BUICK P.O. BOX 25, AVON, CO 81620 AVON CENTER @ BEAVER CREEK PO BOX 964 AVON, CO 81620-0964 TOWN OF AVON PO BOX 975 AVON, CO 81620 POINTS OF COLORADO INC STARWOOD VACATION OWNERSHIP TAX DEPT 9002 SAN MARCO CT ORLANDO, FL 32819 MOUNTAIN VISTA RESORT SUBDIVISION MASTER ASSOCIATION, INC. BOX 3997 AVON, CO 81620 MOUNTAIN VISTA RESORT SUBDIVISION MASTER ASSOCIATION, INC. 9002 SAN MARCO COURT, ORLANDO, FL 32819 MOUNTAIN VISTA CONDOMINIUM ASSOC INC 9002 SAN MARCO CT ORLANDO, FL 32819 MOUNTAIN VISTA CONDOMINIUM ASSOCIATION, INC. P.O. BOX 22197, LAKE BUENA VISTA, FL 32830-2197 POINTS OF COLORADO INC STARWOOD VACATION OWNERSHIP TAX DEPT 9002 SAN MARCO CT ORLANDO, FL 32819 35 K. Appendices Application Forms Title Report Ability to Serve Letters and Easement Vacation Letters Traffic Report 36 Avon Community Development Department low r' One Lake Street V 0 N POB 975 Avon, Colorado 81620 website: www.avon.ora LAND DEVELOPMENT APPLICATION Have you included the following? 1. Pre -application conference summary 2. Signed Fee Agreement 3. Dimensional Requirements Form 4. Submittal Requirements Application.. ❑ Comprehensive Plan Amendment ❑ Administrative PUD Amendment c Appeal ❑ Code Text Amendment ❑ Preliminary PUD ❑ Special Review Use ❑ Rezoning ❑ Final PUD ❑ Variance ❑ Administrative Subdivision ❑ Annexation ❑ Alt. Equivalent Compliance ❑ Minor Subdivision ❑ Minor Development Plan ❑ Right -of -Way Vacation ❑ Major Subdivision — Prelim Plan ❑ Major Development Plan ❑ Vested Property Right ❑ Major Subdivision — Final Plat ❑ Major Development Plan (TC) ❑ Sign Design ❑ Location, Character, & Extent ❑ Minor Amendment ❑ 1041 Project Name: Wyndham Vacation Resorts - Project Location: Avon, Colorado Street Address: 75 Benchmark Road Legal Description: Parcel Number(s): BENCHMARK AT BEAVER CREEK Lot: 1 RESUB OF BLK:2 LOT:61 Applicant: 2105-122-03-026 Name: OZ Architecture - Becky Stone Mailing address: 3003 Larimer Street city: Denver State: CO ZIP Code: 80205 Phone: 303-861-5704 Email: bstone@ozarch.com Fax: 303-861-9230 Property Owner: Name: Wyndham Vacation Resorts, Inc. - Pak Koong, Senior Director, Design and Planning Mailing address: Willows Road NE City: Redmond State: WA Zip Code: 98052 Phone: 206-724-5306 Email: pak.koong@wyn.com Fax: 425-498-3062 01J/532/?�_ Date: September 24, 2012 FEE PAID APPLICATION # DATE RECEIVED CASE MGR Have you included the following? 1. Pre -application conference summary 2. Signed Fee Agreement 3. Dimensional Requirements Form 4. Submittal Requirements V70 Disclosure of Property Ownership ❑ If owner is an individuai; indicate name exactly as it appears on the deed. ❑ If owner is a corporation, partnership, limited partnership, or other business entity, name principals on a separate page. Please include the articles of organization, partnership agreement, etc, as applicable. ❑ If owner is a land trust, name beneficiaries on a separate page. ❑ If applicant is a lessee, indicate the owner(s) on a separate page. ❑ If applicant is a contract purchaser, attach a copy of the contract, and indicate the owner(s) on a separate page. Please provide the name(s), marling address(es), street address(es), and phone number(s) for all owners. Propperty Ownership Affidavit I/We, Wyndham Vacation Resorts, IYtc. , hereby certify and affirm that I am (we are) the owner(s) of the property described as 75 Benchmark Rd , and which is the subject of the application fofezoning and related apps 1 (we) acknowledge that until paid, ALL LAND USE APPLICATION FEES, INCLUDING FEES FOR PROFESSIONAL REVIEW SERVICES, SHALL BECOME AND REMAIN A FIRST AND PERPETUAL LIEN ON OR AGAINST THE SUBJECT PREMISES. Executed this Z 3 day of SEP 20 )12 . (To be signed by all record owners). Signature/Title D Mailing Address: Willows Road NE Redmond WA 95052 Phone Number: 206-724-5306 AUTHORIZED REPRESENTATIVE I/We permit Dominic Mauriello and Becky Stone (Authorized Representative name) to act as my/our representative in any manner regarding this application, to answer questions and to represent me/us at any meeting and public hearing(s) which may be held on this application. IME understand that the Town will send all correspondence to the authorized representative. It will be the representative's responsibility to keep the owners) adequately informed as to the status of the application. Pak Koong for Wyndham Vacation Resorts, Inc. Property Owner Name (printed ) -1073-5 Willows Rd. NE Redmond WA 98052 Address 206-724-5306 TOWN OF AVON COMMUNITY DEVELOPMENT DEPARTMENT ONE LAKE STREET AVON, COLORADO 81620 Phone (970) 748-4030 Fax Website: www.avon.org AGREEMENT TO PAY (Read and Sign by Person Responsible for Payment) 1. 1 understand that charges for staff time spent processing this application will be based on the Council -approved fee schedule. 2. Further, I understand that my initial deposit is a retainer and not a fee. This deposit will set up an account which shall be charged at the above hourly rate for all staff processing time. Further, I understand that should the final costs be more than the deposit, I will be billed monthly for the additional charges. If the final costs are less, the unused portion of the deposit will be returned to me at the conclusion of the process or final inspection of the completed project, whichever occurs later (the necessary staff time will vary according to the complexity of the application and the project.) Also, I understand that staff processing time may include, but is not limited to: a) Reviewing plans / submittal packages b) Routing plans to and communicating with inter -office departments and outside agencies c) Researching documents relative to site history d) Site visits e) Consulting with applicant and/or other interested parties either in person or by phone f) Preparing environmental documents g) Drafting of staff reports and resolutions h) Preparing pertinent maps, graphs and exhibits i) Attending meetings/public hearings before the Planning Commission and Council j) Plan checking subdivision, parcel and final maps and subdivision improvement plans 3. 1 also understand that receipt of all discretionary approvals does not constitute an entitlement to begin work. Non - discretionary approvals may be required from the Building and Engineering Divisions, Fire District, Sanitary District, County Health Department, Water Districts and other agencies. Refer to the Fee Schedule for other fees to be assessed prior to the issuance of project permits. These fees may include, but are not limited to: a) Building Permit fees b) Right -of Way Permit fees c) Park Dedication fees d) School Dedication fees e) Fire District, Sanitary District, Water District, etc. fees 4. 1 assume full responsibility for all costs (as listed above in section 2.), incurred by the Town in processing this application. I understand and agree that if payment for these costs is not received by the Town within 30 days of the billing date, processing will be terminated until all past due amounts have been fully paid. SIGNATURE Print Name Pak Koong DATE 2 3 S E P 2012 AVON Certified Property Owner's List Affidavit I, Allison Kent (Print Name) hereby certify that the attached list contains the names and addresses of all persons to whom all property is assessed as they appear on the latest available assessment roll of Eagle County within the area described on the attached application and for all properties within three hundred feet (300') from the exterior boundaries of the property legally described as: BENCHMARK AT BEAVER CREEK Lot: 1 RESUB OF BLK:2 LOT:61 Subdivision Lol and Block and 75 Benchmark Rd Street Address I certify tler penalty of perjury the forgoing is true and correct. �/(° / 8-16-12 Signature Date POB 4777 Eagle C081631 Address 970-390-8530 Phone Number September 7, 2012 File No. 1180-2812731 First American Wyndham Vacation Resorts, Inc. 8427 SouthPark Circle, 5th floor Orlando, FL 32819 First American Title Insurance Company 1160 N. Town Center Drive, Suite 190 Las Vegas, Nevada 89144 Phn — (702) 792-6863 Fax — (702) 562-9760 RE: Application of Wyndham Vacation Resorts, Inc., a Delaware corporation Ladies and Gentleman: With respect to the application of Wyndham Vacation Resorts, Inc., a Delaware corporation for project registration, title to the real property comprising of Benchmark at Beaver Creek according to the Final Plat thereof, as recorded in the Official Records of Eagle County, Colorado, and all amendments thereto has been searched through the dated date of the attached report. Our title search reflects that Wyndham Vacation Resorts, Inc., a Delaware corporation, is the owner of the fee simple title with exception to those interests previously conveyed and is subject to the matters disclosed on the attached report. This report is a search limited to the Official Records of Eagle County, Colorado. The foregoing report accurately reflects matters recorded and indexed in the aforementioned official records, affecting title to the property described therein. Liability for any incorrect information contained in this report is limited to (1) the person or entity to whom the report is furnished and (2) the amount charged for this report. This report is not an opinion of title, title insurance, warranty of title or any other assurances as to the status of title and shall not be used for the purpose of issuing title insurance. Please do not hesitate to contact us if we can answer any questions or furnish any additional information you may need. r Anthony Smith, Title Officer Order Number: 1180-2812731 Page Number: 1 DRE Report First American First American Title Insurance Company Vacation Ownership Services 1160 N. Town Center Drive, Suite 190 Las Vegas, NV 89144 Erika Boyette Wyndham Vacation Resorts, Inc. 8427 SouthPark Circle, 5th Floor Orlando, FL 32819-9058 Title Officer: Anthony Smith Phone: (702) 792-6863 Fax No.: (702) 562-9760 E -Mail: tonsmith@firstam.com Owner: Wyndham Vacation Resorts, Inc., a Delaware corporation Property: Benchmark at Beaver Creek, 75 Benchmark Road, Avon, CO 81620 PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Insurance Company Order Number: 1180-2812731 Page Number: 2 Dated as of August 31, 2012 at 7:30 A.M. A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Wyndham Vacation Resorts, Inc., a Delaware corporation f/k/a Fairfield Resorts, Inc., a Delaware corporation The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee Simple The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: Taxes and assessments for the year 2012 and subsequent years, a lien not yet due or payable. Assessor Parcel Number(s): 2105-122-03-026 2. (a) The subject real property may be located in a special taxing district; (b) A certificate of taxes due listing each taxing jurisdiction may be obtained from the county treasurer or the county treasurer's authorized agent; (c) Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder or the County Assessor. 3. The land lies within the boundaries of the Town of Avon Town Center Mall Improvement District, as disclosed by Corporate Affidavit of Waiver and Consent to Inclusion, recorded September 24, 1981 in Book 329, Page 338 as Reception No. 225698 of Official Records. 4. The land lies within the boundaries of the Avon Metropolitan District, as disclosed by Order of Inclusion, recorded March 25, 1982 in Book 338, Page 213 as Reception No. 234564 of Official Records. 5. The right of way for ditches or canals and the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved by the United States of America in the patent recorded September 26, 1941 in Book 128, Page 122 as Reception No. 68675 of Official Records. 6. Any and all offers of dedication, conditions, restrictions, easements, fenceline/boundary discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map entitled, First American Title Insurance Company Order Number: 1180-2812731 Page Number: 3 "Plat of Benchmark at Beaver Creek Subdivision Amendment No. 4," recorded September 5, 1978 in Book 274, Page 701 as Reception No. 171107 of Official Records. 7. The terms and provisions contained in the document entitled, "Deed," recorded June 29, 1979 in Book 287, Page 548 as Reception No. 183950 of Official Records. 8. The terms and provisions contained in the document entitled, "Deed" recorded June 29, 1979 in Book 287, Page 551 as Reception No. 183953 of Official Records. 9. The terms and provisions contained in the document entitled, "Town of Avon Ordinance No. 83- 37 (Mall District Assessment Ordinance)," executed by the Town of Avon, recorded April 18, 1985 in Book 411, Page 636 as Reception No. 307914 of Official Records. 10. The terms and provisions contained in the document entitled, "Restatement of and Sixth Amendment to Declaration of Protective Covenants for Benchmark at Beaver Creek Subdivision, executed by Landowners' Committee of the Benchmark at Beaver Creek Subdivision, recorded April 23, 1985 in Book 411, Page 960 as Reception No. 308238 of Official Records. 5 The above instrument was modified by document entitled, "Amendment to Declaration of Protective Covenants for Benchmark at Beaver Creek Subdivision," recorded February 7, 1990 in Book 522, Page 721 as Reception No. 418888 of Official Records. 11. The terms and provisions contained in the document entitled, "Mall Agreement," executed by and between Avon Center at Beaver Creek, the Town of Avon, Hal Construction, Peregrine Properties Limited, Marcos M. Suarez and Timberline Properties Corp., recorded October 15, 1986 in Book 450, Page 552 as Reception No. 346791 of Official Records. 12. The terms and provisions contained in the document entitled, "Town of Avon - Ordinance No. 99- 16 (Series of 1999)," executed by the Town of Avon, Colorado, recorded November 12, 1999 as Reception No. 714513 of Official Records. The above instrument was modified by document entitled, "Town of Avon - Ordinance No. 02-17 (Series of 2002)," recorded July 31, 2002 as Reception No. 803021 of Official Records. 13. The terms and provisions contained in the document entitled, "Town of Avon - Ordinance No. 04- 01 (Series of 2004)," executed by the Town of Avon, a municipal corporation of the State of Colorado, recorded February 23, 2004 as Reception No. 868660 of Official Records. 14. Any and all offers of dedication, conditions, restrictions, easements, fenceline/boundary discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map entitled, "Lot 61, Block 2, Benchmark at Beaver Creek Amendment No. 4, Avon, Colorado," recorded February 23, 2004 as Reception No. 868661 of Official Records. 15. Any and all offers of dedication, conditions, restrictions, easements, fenceline/boundary discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map entitled, "Final Plat - A Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado," recorded February 23, 2004 as Reception No. 868662 of Official Records. First American Title Insurance Company Order Number: 1180-2812731 Page Number:4 16. Any and all offers of dedication, conditions, restrictions, easements, fenceline/boundary discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map entitled, "A Final Plat - A Resubdivision of a Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado," recorded February 23, 2004 as Reception No. 868663 of Official Records. 17. The terms and provisions contained in the document entitled, "Deed of Easement," executed by and between Wyndham Vacation Resorts, Inc. f/k/a Fairfield Resorts, Inc. and the Town of Avon, recorded April 13, 2007 as Reception No. 200709655 of Official Records. 18. The terms and provisions contained in the document entitled, "Town of Avon, Colorado, Resolution No. 08-35 (Series of 2008)," executed by Town Council of the Town of Avon, recorded October 24, 2008 as Reception No. 200822977 of Official Records. 19. Any and all rights, claims, demands, actions and causes of actions of the parties, both plaintiff and defendants in Civil Action No. 04CV151, in the District Court in and for Eagle County, Colorado, entitled Avon Center at Beaver Creek -I Homeowners Association, Inc. ("Plaintiff') vs. Town of Avon, Town of Avon Town Council and IDG 3, LLC (collectively "Defendants"). 20. No known matters otherwise appropriate to be shown have been deleted from this report, which is not a policy of title insurance but a report to facilitate the issuance of a policy of title insurance. For purposes of policy issuance, the following items, if any, may be eliminated on the basis of an indemnity agreement or other agreement satisfactory to the Company as insurer: NONE First American Title Insurance Company Order Number: 1180-2812731 Page Number: 5 INFORMATIONAL NOTES The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Insurance Company Order Number: 1180-2812731 Page Number: 6 LEGAL DESCRIPTION Real property in the City of Avon, County of Eagle, State of Colorado, described as follows: Lot 1, a Resubdivision of a Replat of Lot 61, Block 2, Benchmark at Beaver Creek, according to the Plat thereof filed February 23, 2004 at Reception No. 868663, County of Eagle, State of Colorado. First American Title Insurance Company Order Number: 1180-2812731 Page Number: 7 The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and ❑ Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American Title Insurance Company Order Number: 1180-2812731 Page Number: 8 CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (d) improvements on the Land; (b) zoning; (e) land division; and (c) land use; (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking First American Title Insurance Company Order Number: 1180-2812731 Page Number: 9 3. Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date -- unless they appeared in the public records (c) that result in no loss to you (d) that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: First American Title Insurance Company Order Number: 1180-2812731 Page Number: 10 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. b.Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: First American Title Insurance Company Order Number: 1180-2812731 Page Number: it 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. First American Title Insurance Company �& XceiEnergyo Post Office Box 1819 204 Vilest 6th Street Silverthorne, Colorado 80498 September 3, 2012 Marcin Engineering, LLC Attn: Paul Anderson Post Office Box 1062 Avon, CO 81624 Re: Will serve letter for Lot 61 -Avon Wyndham Dear Mr. Anderson, In accordance with our tariffs filed with and approved by the Colorado Public Utilities Commission, Gas facilities can be made available to serve your project at the Lot 61 - Avon Wyndham . Service will be provided after engineering is completed, payment is received, any easements are signed and construction can be completed. We will have better information available after design has been completed as to a scheduled in- service date. If I can be of further assistance, please contact me at 970-262-4024 Sinc rely, Kathryn ogert 1 Planner Design Department/ Mountain Division October 30, 2012 Brad Stempihar E.I. MARCIN ENGINEERING, LLC 101 Eagle Rd. #5 PO Box 1062 Avon, CO 81620 RE: Avon Wyndham Hotel - Lot 61, Benchmark Dear Brad: 3799 HIGHWAY 82-P.O. BOX 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 -FAX (970) 945-4081 As requested, we have reviewed the above referenced development and determined that the platted lot line utility easements, highlighted in yellow on the attached sketch, are not planned for use by Holy Cross Energy and can be vacated. Sincerely, HOLY CROSS ENERGY Jeffrey P. Vroom Engineer (970) 947-5425 direct line 0vroom .holycross.com JPV: Electronic W/0#09-21718:50-67:Avon Wyndham Hotel - Lot 61, Benchmark A Touchstone Energy° CooperativAl September 20, 2012 Fairfield Resorts, Inc C/O: Marcin Engineering, LLC ATTN: Mr. Brad Stempihar E. I. 101 Eagle Rd. #5 PO Box 1062 Avon, CO 81620 RE: Avon - Lot 61 - Avon Wyndham Dear Brad: 3799 HIGHWAY 82-P.O. BOX 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 -FAX (970) 945-4081 The above mentioned development is within the certified service area of Holy Cross Energy. Holy Cross Energy has adequate power supply to provide electric power to the development, subject to tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Energy upon completion of appropriate contractual agreements and subject to necessary governmental approvals. Additionally, due to current economic conditions, Holy Cross Energy is not stocking the quantity of construction materials as in past years. If your project is slated for construction this year, please advise us as soon as possible. You will need to enter into agreements with Holy Cross Energy, and pay for the project, sufficiently in advance of construction to avoid possible delays while materials are procured. The currently estimated lead time for procurement of materials is around 12 weeks. Sincerely, HOLY CROSS ENERGY Jeffrey P. Vroom Engineer (970) 947-5425 direct line 0vroom .holycross.com JPV: Electronic 50-67:Avon - Lot 61 - Avon Wyndham A Touchstone Energy° CooperativAl UPPER EAGLE REGIQNAL WATER AUTHORITY 846 Forest Roa¢ ♦ Vail, Colorado 81657 ♦ Phone (970) 476-7480 ♦ FAx (970) 4764089 emsd(aemsd.org ♦ ww xrwsd org September 25, 2012 Wyndham Development Attn: Dominic Mauriello PO Box 4777 Eagle, Co 81631 Subject: Approval Process for Wa6:er and Sewer Service to New Developments Dear Mr. Mauriello: The owners of proposed developments are required to obtain approval from the Upper Eagle Regional Water Authority prior to connection to the public water and/or sewer systems. For evaluation of the developments water and sewer demands and the adequacy of water rights dedication, the owners are requested to submit the following: 1. Legal description of property. 2. Vicinity map. 3. Description of land use including number of dwelling units (with square footages). 4. Square footage of commercial space and square footage of irrigated area. 5. Completed water demand worksheet. 6. $5,000 deposit for review of demands and water rights. 7. Description of proposed water and sewer service plan. The Authority will bill the costs for evaluating the adequacy of the water rights dedication proposal and development demands. If the entire $5,000 is not used for this review, the owner will be refunded the unused portion. For complex or lengthy reviews, additional deposits may be required. Please submit your $5,000 deposit to initiate the water rights review. The plans and specifications for the proposed infrastruct ure connection and extension to the existing public system must receive Construction Plan Approval from the Construction Review Team prior to beginning of construction. Construction Plan Approval will not be granted until inclusion and water rights issues have been resolved. WATER, WASTEWATER,OPERATIONS&MANAGEMENT $F,RVICES UPPER EAGLE REGIONAL WATER AIITHORITY 846 Forest Road ♦ Vail, Colorado 81657 ♦ Phone (970) 476-7480 ♦ FAX (970) 4764089 erwsdioerwsd org ♦ www.erwsd.org New development may be subject to tap fees and plant investment fees in accordance with Appendix A of the Rules and Regulations and may be subject to treated water storage fees and other encumbrances recorded against the property. Please feel free to contact me at any time dur ng this approval process with questions or concerns. Aqkf� -- Evette Curran Operations Analyst 970477-5413 ecurran(o)envsd.om cc: Tom Williamsen James P. Collins Tug Birk WATER, WASTEWATER,OPERATIONS&MANAGF,MENT SERVICES Ccomcast September 26, 2012 Mr. Paul Anderson, PE, LSI Marcin Engineering, LLC 101 Eagle Road, Ste #5 PO Box 1062 Avon, Colorado 81620 RE: Wyndam Avon Lot 61 75 Benchmark Rd Avon, Colorado Dear Paul: Please accept this letter as confirmation of Comcast of Colorado VI, LLC's ability to provide cable service to the captioned location. The provision of service is contingent upon successful negotiations of an agreement between the developer and Comcast Cable. Should you require additional information, please contact Michael Johnson at 970-930- 4713. Sincerely, Michael Johnson Construction/Engineering Colorado Market This letter is not intended to give rise to binding obligations for either party. Any contractual relationship between the parties will be the result of formal negotiations and will only become effective upon execution of the contract by representatives of the parties authorized to enter into such agreements. During any negotiations, each party will bear its own costs and will not be responsible for any costs or expenses of the other party, unless separately agreed to in writing. I PO Box 570 Eagle, CO 81631 C e n tu ryL I n k- TEL 970.328.8257 FAX 970.328.8282 September 19, 2012 Paul Anderson, PE, LSI Marcin Engineering, LLC 101 Eagle Rd., Ste #5 PO Box 1062 Avon, CO 81620 Re: Ability to Serve — Telephone to 61 W. Benchmark Rd., Avon, CO This letter will serve as a commitment from CenturyLink to provide telephone and internet services to the proposed Lot 61 -Avon Wyndham project in Avon, CO. CenturyLink will take all necessary and reasonable steps to ensure that capacity is sufficient to service this development. We see no existing problems with the proposed plan. We intend to work with the developer to insure the proper contractual agreements are signed if necessary. Please do not hesitate to contact me at the number below if you have any questions or if I can be of further help. Sincerely, Barbara Davis Facilities Engineer 970-328-8288 Traffic Impact Study Avon Wyndham Prepared for: OZ ARCHITECTURE © Kimley-Horn and Associates, Inc. 2012 ❑ � ❑ Kimley-Horn and Associates, Inc. T R A F F I C I M P A C T S T U D Y Avon Wyndham Avon, Colorado Prepared for OZ ARCHITECTURE 3003 Larimer Street Denver, CO 80205 (303)861-5704 Prepared by Kimley-Horn and Associates, Inc. 990 South Broadway Suite 200 Denver, Colorado 80209 (303) 228-2300 September 2012 This docmmzent, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client far which it was prepared. Reuse of and improper reliance on this docmnent without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liabilihj to Kimley-Horn and Associates, Inc. TABLE OF CONTENTS TABLEOF CONTENTS............................................................................................................ i APPENDICES............................................................................................................................ i LISTOF TABLES..................................................................................................................... ii LISTOF FIGURES................................................................................................................... ii 1.0 EXECUTIVE SUMMARY...................................................................................................1 2.0 INTRODUCTION................................................................................................................. 3 3.0 EXISTING AND FUTURE CONDITIONS..........................................................................5 3.1 Existing Site Conditions and Surrounding Area...................................................................... 5 3.2 Existing Roadway Network....................................................................................................... 5 3.3 Existing Traffic Volumes............................................................................................................ 5 3.4 Unspecified Development Traffic Growth................................................................................ 8 4.0 PROJECT TRAFFIC CHARACTERISTICS.......................................................................10 4.1 Trip Generation.........................................................................................................................10 4.2 Trip Distribution and Traffic Assignment..............................................................................11 4.3 Background Plus Project (Total) Traffic..................................................................................11 5.0 TRAFFIC OPERATIONS ANALYSIS...............................................................................15 5.1 Analysis Methodology.............................................................................................................15 5.2 Key Intersection Operational Analysis....................................................................................16 6.0 CONCLUSIONS AND RECOMMENDATIONS...............................................................19 APPENDICES Appendix A - Site Plan Appendix B - Intersection Count Sheet Appendix C - Trip Generation Worksheet Appendix D - Operational Analysis Worksheets Kimley-Horn and Associates, Inc. 096133002 —Avon Wyndham Page i LIST OF TABLES Table 1 - Trip Generation for Avon Wyndham...............................................................................11 Table 2 - Level of Service Definitions...............................................................................................15 Table 3 - Benchmark Road & Project Access Intersection LOS Results.........................................17 LIST OF FIGURES Figure1 - Vicinity Map........................................................................................................................4 Figure 2 - Existing Lane Configuration and Control......................................................................... 6 Figure 3 - Existing 2012 Traffic Volumes...........................................................................................7 Figure 4 - 2015 Background Traffic Volumes..................................................................................... 9 Figure 5 - Project Trip Distribution...................................................................................................12 Figure 6 - Project Traffic Assignment...............................................................................................13 Figure 7 - 2015 Background Plus Project Traffic Volumes..............................................................14 Figure 8 - Recommended Lanes and Control..................................................................................18 Kimley-Horn and Associates, Inc. 096133002 — Avon Wyndham Page ii 1.0 EXECUTIVE SUMMARY Avon Wyndham is proposed on an approximate one -acre site along the north side of Benchmark Road, approximately 350 feet west of Avon Road in Avon, Colorado. The project site, known as Lot 61, is currently vacant and includes a 50 -foot wide dedicated Benchmark Court right-of-way on the western portion. Avon Wyndham is proposing a total of 58 residential timeshare condominium/townhome units for ownership. In addition, approximately 1,000 square feet of retail space will be provided. This retail space is anticipated to serve the residences at the Wyndham, the surrounding lodging guests and users of the adjacent transit facility. It is expected that the Avon Wyndham project will be completed within the next few years. Analysis was therefore completed for the 2015 design year build out horizon as requested by the Town of Avon. The purpose of this study is to identify project traffic generation characteristics, to identify potential project traffic related impacts on the local street system, and to develop mitigation measures required for identified impacts. The Town of Avon requested that the proposed access driveway intersection along Benchmark Road be evaluated within this study for the weekday morning and afternoon peak hours. Regional access to the site is anticipated to be provided by Interstate 70 (I-70). Primary access to the site is expected to be provided by Avon Road and Benchmark Road. Direct access to the project is proposed along Benchmark Road. The access location has been constructed with curb returns and it aligns with the access to White River Center along the south side of Benchmark Road. The access will provide full turning movements. Based on ITE equations and data, the proposed Avon Wyndham residential project is anticipated to generate 400 daily trips; of these trips, 33 are expected during the morning peak hour and 38 are expected during the afternoon peak hour. Distribution of site traffic to the project driveway along Benchmark Road was based on the area street system characteristics, existing traffic patterns, and the proposed access system for the project. Assignment of project Kimley-Horn and Associates, Inc. 096133002 — Avon Wyndham Page 1 traffic was based upon the trip generation described previously and the distributions developed. Based on the analysis presented in this report, Kimley-Horn believes the proposed Avon Wyndham project will be incorporated into the existing roadway network with the following conclusions and recommendations: • It is recommended that the project driveway approach to Benchmark Road operates with stop control. A "STOP" (R1-1) sign shall be placed along this southbound approach in accordance with MUTCD guidelines and standards. • It is recommended that appropriate visibility exists for the access intersection along Benchmark Road in accordance with standards set by the Town of Avon and American Association of State Highway and Transportation Officials (AASHTO) Geometric Design of Highways and Streets. Based on a 25 mile per hour speed limit, the required sight distance is 280 feet to the right (to exit and turn left) and 240 feet to the left (to exit and turn right). These distances are measured in the triangle, 15 feet behind the edge of Benchmark Road. • All on-site and off-site signing and striping improvements should be incorporated into the Civil Drawings, and conform to Town of Avon standards, as well as the Manual on Uniform Traffic Control Devices - 2009 Edition (MUTCD). Kimley-Horn and Associates, Inc. 096133002 —Avon Wyndham Page 2 2.0 INTRODUCTION Avon Wyndham is proposed on an approximate one -acre site along the north side of Benchmark Road, approximately 350 feet west of Avon Road in Avon, Colorado. A vicinity map illustrating the project location is shown in Figure 1. The project site, known as Lot 61, is currently vacant and includes a 50 -foot wide dedicated Benchmark Court right-of-way on the western portion. Avon Wyndham is proposing a total of 58 residential timeshare condominium/townhome units for ownership. In addition, approximately 1,000 square feet of retail space will be provided. This retail space is anticipated to serve the residences at the Wyndham, the surrounding lodging guests and users of the adjacent transit facility. The current site plan illustrating the development and access location is shown in Appendix A. It is expected that the Avon Wyndham project will be completed within the next few years. Analysis was therefore completed for the 2015 design year build out horizon as requested by the Town of Avon. The purpose of this study is to identify project traffic generation characteristics, to identify potential project traffic related impacts on the local street system, and to develop mitigation measures required for identified impacts. The Town of Avon requested that the proposed access driveway intersection along Benchmark Road be evaluated within this study for the weekday morning and afternoon peak hours. Kimley-Horn and Associates, Inc. 096133002 —Avon Wyndham Page 3 z E110-0 lll�mn� NORTH NTS 096133002 Or ��- IL � AVON WYNDHAM VICINITY MAP FIGURE 1 Cin nd Associates, a _ and Associates, Inc. 3.0 EXISTING AND FUTURE CONDITIONS 3.1 Existing Site Conditions and Surrounding Area The existing site for the proposed Wyndham is currently vacant. The project site is bordered to the north by Avon Center, to the east by Benchmark Road, to the south by White River Center across Benchmark Road and the Town of Avon transit center, and to the west by The Seasons at Avon. White River Center to the south contains offices, a bank, and a ski shop. 3.2 Existing Roadway Network Avon Wyndham is proposed along the north side of Benchmark Road, approximately 350 feet west of Avon Road. Regional access to the site is anticipated to be provided by Interstate 70 (I- 70). Primary access to the site is expected to be provided by Avon Road and Benchmark Road. Direct access to the project is proposed along Benchmark Road. The access location has been constructed with curb returns and it aligns with the access to White River Center along the south side of Benchmark Road. The access will provide full turning movements. Benchmark Road is a paved, two-lane roadway striped with a double yellow centerline. The access intersection to the site along Benchmark Road is in alignment with a driveway along the south side of the street to White River Center. The driveway along the south side of the street provides enough width for one shared northbound left turn/right turn egress lane. The intersection lane configuration and control is shown in Figure 2. 3.3 Existing Traffic Volumes Existing peak hour turning movement counts were conducted at the study intersection of Benchmark Road with the existing access intersection on Wednesday, September 12, 2012 during the AM and PM peak hours. The counts were conducted during the weekday AM and PM peak hours of adjacent street traffic in 15 -minute intervals from 7:00 AM to 9:00 AM and 4:00 PM to 6:00 PM. These turning movement counts are shown in Figure 3 with the count data sheet provided in Appendix B. Kimley-Horn and Associates, Inc. 096133002 —Avon Wyndham Page 5 Z42M nl�� NORTH NTS 096133002 LEGEND Study Area Key Intersection sroP Stop Controlled Approach AVON WYNDHAM FIGURE 2 EXISTING LANES AND CONTROL Cin nd Associates, a _ and Associates, Inc. A0201 �n an NORTH NTS 096133002 Wednesday, September 12, 2012 7:45-8:45 AM & 4:45-5:45 PM AVON WYNDHAM EXISTING TRAFFIC VOLUMES LEGEND Study Area Key Intersection <(XX) AM(PM) Peak Hour Traffic Volumes FIGURE 3 Cin nd Associates, a _ and Associates, Inc. 3.4 Unspecified Development Traffic Growth In order to obtain traffic volumes for the 2015 project build out horizon year, future traffic volume projections were obtained from historical traffic growth information. The "Summer 2010 Traffic County Summary Report" prepared by TDA dated September 7, 2010, was used to determine traffic volume growth rates. The Town of Avon has recently seen increases in traffic. This study identified that traffic volumes are recently growing at an approximate annual rate of 4.8 percent. Based on this data, the existing traffic was grown at an annual growth rate of 4.8 percent for the morning and afternoon peak hours, which equates to a 3 -year growth factor of 1.15. Background traffic volumes for 2015 are shown in Figure 4. Kimley-Horn and Associates, Inc. 096133002 —Avon Wyndham Page 8 A0201 �n an NORTH NTS 096133002 LEGEND Study Area Key Intersection <(XX) AM(PM) Peak Hour Traffic Volumes AVON WYNDHAM FIGURE 4 2015 BACKGROUND TRAFFIC VOLUMES Cin nd Associates, a _ and Associates, Inc. 4.0 PROJECT TRAFFIC CHARACTERISTICS 4.1 Trip Generation Avon Wyndham is proposed to include 58 residential timeshare condominium ownership units. In addition, approximately 1,000 square feet of retail space will be provided. This retail space is anticipated to serve the residences at the Wyndham, the surrounding lodging guests and users of the adjacent transit facility. Therefore, this retail is ancillary to the development and is anticipated to generate little to no addition vehicle traffic. Site -generated traffic estimates are determined through a process known as trip generation. Rates and equations are applied to the proposed land use to estimate traffic generated by the development during a specific time interval. The acknowledged source for trip generation rates is the Trip Generation Report' published by the Institute of Transportation Engineers (ITE). ITE has established trip rates in nationwide studies of similar land uses. For this study, Kimley-Horn used the ITE Trip Generation Report regression equations that apply to Residential Condominium/ Townhouse (230) for traffic associated with the development. Based on ITE equations and data, the proposed Avon Wyndham residential project is anticipated to generate 400 daily trips; of these trips, 33 are expected during the morning peak hour and 38 are expected during the afternoon peak hour. Table 1 summarizes the estimated trip generation for the proposed Avon Wyndham project. The trip generation worksheet is included in Appendix C. These calculations illustrate the equations used and directional distribution of trips. 1 Institute of Transportation Engineers, Trip Generation: An Information Report, Eighth Edition, Washington DC, 2008. Kimley-Horn and Associates, Inc. 096133002 -Avon Wyndham Page 10 Table 1- Trip Generation for Avon Wyndham Land Use Size (units) Vehicle Trips DailyOut kday AM Peak Hour Weekday PM Peak Hour Eln Total In Out Total Residential Condominium 58 400 27 33 1 25 13 38 4.2 Trip Distribution and Traffic Assignment Distribution of site traffic on the street system was based on the area street system characteristics, existing traffic patterns, and the proposed access system for the project. The directional distribution of traffic is a means to quantify the percentage of site -generated traffic that approaches the site from a given direction and departs the site back to the original source direction. Figure 5 illustrates the expected project trip distributions for the site. Traffic assignment at the access intersection along Benchmark Road was obtained by applying the distribution to the trip generation for the proposed Avon Wyndham project as shown in Table 1. Traffic assignment at the project access intersection along Benchmark Road is shown in Figure 6. 4.3 Background Plus Project (Total) Traffic Site traffic volumes were added to the background volumes to represent estimated traffic conditions for the 2015 horizon. These weekday background plus project (total) traffic volumes are illustrated for the 2015 horizon year in Figure 7. Kimley-Horn and Associates, Inc. 096133002 - Avon Wyndham Page 11 A0201 �n an NORTH NTS 096133002 LEGEND Study Area Key Intersection XX%(XX%) Entering(Exiting) Trip Distribution Percentage AVON WYNDHAM PROJECT TRIP DISTRIBUTION FIGURE 5 Cin nd Associates, a _ and Associates, Inc. A0201 �n an NORTH NTS 096133002 AVON WYNDHAM PROJECT TRAFFIC ASSIGNMENT LEGEND Study Area Key Intersection <(XX) AM(PM) Peak Hour Traffic Volumes FIGURE 6 Cin nd Associates, a _ and Associates, Inc. A0201 �n an NORTH NTS 096133002 LEGEND Study Area Key Intersection X) AM(PM) Peak Hour Traffic Volumes AVON WYNDHAM 2015 BACKGROUND PLUS PROJECT FIGURE 7 TRAFFIC VOLUMES Cin nd Associates, a _ and Associates, Inc. 5.0 TRAFFIC OPERATIONS ANALYSIS Kimley-Horns analysis of traffic operations in the site vicinity was conducted to determine potential capacity deficiencies in the 2015 full build out project development horizon at the identified key access intersection along Benchmark Road. The acknowledged source for determining overall capacity is the current edition of the Highway Capacity Manual2. 5.1 Analysis Methodology Capacity analysis results are listed in terms of Level of Service (LOS). LOS is a qualitative term describing operating conditions a driver will experience while traveling on a particular street or highway during a specific time interval. It ranges from A (very little delay) to F (long delays and congestion). For intersections and roadways in this study area, Kimley-Horn recommends intersection LOS D as the minimum threshold for acceptable operations for movements from minor street approaches to unsignalized intersections. Table 2 shows the definition of level of service for unsignalized intersections. Table 2 - Level of Service Definitions Level of Service Unsignalized Intersection Average Total Delay (sec/veh) A <10 B >10 and <-15 C D E F >15 and :-< 25 >25 and <- 35 >35 and << 50 >50 Definitions provided from the Highway Capacity Manual, Special Report 209, Transportation Research Board, 2000. 2 Transportation Research Board, Highway Capacity Manual, Special Report 209, Washington DC, 2000. Kimley-Horn and Associates, Inc. 096133002 -Avon Wyndham Page 15 The project access driveway intersection with Benchmark Road was analyzed based on average total delay analysis for unsignalized intersections. Under this analysis, the level of service (LOS) for a two-way stop controlled intersection is determined by the computed or measured control delay and is defined for each minor movement. Level of service for a two-way stop - controlled intersection is not defined for the intersection as a whole. 5.2 Key Intersection Operational Analysis Calculations for the level of service at the Benchmark Road access intersection identified for study is provided in Appendix D. The existing analysis is based on the lane geometry and intersection control shown in Figure 2. The analysis was conducted using Synchro 7.0 Software providing the Highway Capacity Manual (HCM) results. Kimley-Horn and Associates, Inc. 096133002 —Avon Wyndham Page 16 Benchmark Road & Project Access Utilizing the existing stop control in the northbound direction from the White River Center access approach, the intersection of Benchmark Road and the project access drive currently has all movements operating acceptably. The intersection is anticipated to continue to have all movements operating acceptably in the study horizon of 2015, with or without the addition of Avon Wyndham project traffic. It is recommended that the southbound project driveway approach to Benchmark Road operates with stop control. A "STOP" (R1-1) sign shall be placed along this approach in accordance with MUTCD guidelines and standards. Table 3 provides the results of the level of service at this intersection. Table 3 - Benchmark Road & Project Access Intersection LOS Results 11 AM Peak Hour I PM Peak Hour 2012 Existing Westbound Approach Northbound Approach Delay LOS Delay LOS SCENARIO (sec/veh) (sec/veh) 2012 Existing Westbound Approach Northbound Approach 3.3 9.0 A A 7 .-1 9.3 A A 2015 Background Westbound Approach 3.3 A 1.5 A Northbound Approach 10.1 B 9.4 A 2015 Total Eastbound Approach 0.1 A 0.3 A Westbound Approach 3.2 A 1.3 A Northbound Approach 10.3 B 9.5 A Southbound Approach 11.7 B 11.5 B It is recommended that appropriate visibility exists for the access intersection along Benchmark Road in accordance with standards set by the Town of Avon and American Association of State Highway and Transportation Officials (AASHTO) Geometric Design of Highways and Streets. Based on a 25 mile per hour speed limit, the required sight distance is 280 feet to the right (to exit and turn left) and 240 feet to the left (to exit and turn right). These distances are measured in the triangle, 15 feet behind the edge of Benchmark Road. Based on the operational analysis, the recommended lane configurations and control is shown in Figure 8. Kimley-Horn and Associates, Inc. 096133002 -Avon Wyndham Page 17 9:n NORTH NTS 096133002 LEGEND Study Area Key Intersection sroP Stop Controlled Approach AVON WYNDHAM FIGURE 8 RECOMMENDED LANES AND CONTROL Kimley-Horn [_n and Associates, Inc. 6.0 CONCLUSIONS AND RECOMMENDATIONS Based on the analysis presented in this report, Kimley-Horn believes the proposed Avon Wyndham project will be incorporated into the existing roadway network with the following conclusions and recommendations: • It is recommended that the project driveway approach to Benchmark Road operates with stop control. A "STOP" (R1-1) sign shall be placed along this southbound approach in accordance with MUTCD guidelines and standards. • It is recommended that appropriate visibility exists for the access intersection along Benchmark Road in accordance with standards set by the Town of Avon and American Association of State Highway and Transportation Officials (AASHTO) Geometric Design of Highways and Streets. Based on a 25 mile per hour speed limit, the required sight distance is 280 feet to the right (to exit and turn left) and 240 feet to the left (to exit and turn right). These distances are measured in the triangle, 15 feet behind the edge of Benchmark Road. • All on-site and off-site signing and striping improvements should be incorporated into the Civil Drawings, and conform to Town of Avon standards, as well as the Manual on Uniform Traffic Control Devices - 2009 Edition (MUTCD). Kimley-Horn and Associates, Inc. 096133002 —Avon Wyndham Page 19 APPENDICES Kimley-Horn and Associates, Inc. 096133002 —Avon Wyndham APPENDIX A Site Plan Kimley-Horn and Associates, Inc. 096133002 - Avon Wyndham THE SEASONS AT AVON B STORY STUCCO BUILDING 137 BENCHMARK RD + rFE 48.70 µ•FS 47.0 4 � € �s 4a. , ,%-r ; � ter• =.. �. J W1 d1b Be F IM.&MAMe] a9WhL-1 a to + s sa SCALL 1'6 2W V muml LANOSCAPE AR4 HKIE YORE LANA PUNNING UIZOAN MGN 1390 Ld —ro Stmal. Sults 100 CO 00204 1 2032" -SW >E OF OOCUMENT' t v t>K a+aMh u n..yrm-P tn� +ae. aer tneunervt.d en enta ..t r. w hm9.rr.�t 9r C v C) Q C U 0 FRaFeT NUMBER: DATE 11241,00 0829.12 DrwNED: GB DRAWN: MN CHECKED: GB -RERSPpNS: JW SHEET I]TLE: Conoept Plan state: 1'=2Q' -0 - SHEET NUMBER:. Ll.0_ SHEET T OF T APPENDIX B Intersection Count Sheet Kimley-Horn and Associates, Inc. 096133002 - Avon Wyndham Intersectionj Benchmark Road at White River Center Date 9/12/2012' 1 Northbound Southbound _ Start Time Through Right Left I Throu 7:00 AM 7:15 AM 6 0 7 0 5 7 2 8 7:30 AM 8 1 3 7 7:45 AM 18 0 8 1 33 Weather Westbound 16 Hour Left Right Total Total 0 0 18 116 0 1 18 169 0 1 20 221 0 1 60 255 Peak Hour 8:00 AM 16 1 21 33 0 0 71 251 8:15 AM 9 2 27 30 0 2 70 26 8:30 AM 13 1 20 16 1 2 54 0 8:45 AM 11 4 19 17 1 4 56 0 12 0 3 28 Total 88 9 105 151 2 1 11 137 255 Peak Hour 7:45 AM PHF 56 0.778 4 0.250 76 0.704 112 0.848 1 0.250 5 0.313 4 0.500 79 0.790 Northbound Southbound estbound(out of WRI Total Hour Total Start Time Through Right Left Through Left Right 4:00 PM 4:15 PM 4:30 PM 10 12 18 2 0 3 6 8 6 16 16 13 2 0 0 13 9 8 49 45 48 207 239 278 4:45 PM 22 1 5 21 2 14 65 280 Peak Hour 5:00 PM 26 0 6 22 2 25 81 243 5:15 PM 26 3 4 28 0 23 84 5:30 PM 22 0 2 9 0 17 50 5:45 PM 13 0 0 12 0 3 28 Total 149 9 37 137 6 112 280 Peak Hour 4:45 PM PHF 96 0.923 4 0.333 17 0.531 80 0.714 4 0.500 79 0.790 APPENDIX C Trip Generation Worksheets Kimley-Horn and Associates, Inc. 096133002 - Avon Wyndham C M r1 Kimley-Hom and Associates, Inc. Project Avon Wyndham Subject Trip Generation for Residential Condominium/Townhouse Designed by Curtis Rowe Date September 17, 2012 Job No. 096133.002 Checked by Date Sheet No. of TRIP GENERATION MANUAL TECHNIQUES ITE Trip Generation Manual 8th Edition, Fitted Curve Equations Land Use Code - Residential Condominium/Townhouse (230) Independant Variable - Dwelling Units (X) X = 58 T = Average Vehicle Trip Ends Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. (page 389) Directional Distribution: 17% ent. 83% exit. Ln(T) = 0.80 Ln(X) + 0.26 T = 33 Average Vehicle Trip Ends Ln(T) = 0.80 Ln(58.0) + 0.26 6 entering 27 exiting 6 + 27 = 33 Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. (page 390) Ln(T) = 0.82 Ln(X) + 0.32 Ln(T) = 0.82 * Ln(58.0) + 0.32 Weekday (page 388) Daily Weekday Ln(T) = 0.87 Ln(X) + 2.46 Ln(T) = 0.87 * Ln(58.0) +2.46 Directional Distribution: 67% ent. 33% exit. T = 38 Average Vehicle Trip Ends 25 entering 13 exiting 25 + 13 = 38 Directional Distribution: 50% entering, 50% exiting T = 400 Average Vehicle Trip Ends 200 entering 200 exiting 200 + 200 = 400 APPENDIX D Operational Analysis Worksheets Kimley-Horn and Associates, Inc. 096133002 - Avon Wyndham HCM Unsignalized Intersection Capacity Analysis 2012 Existing AM Peak 3: Benchmark Road & Access 9/19/2012 Baseline Synchro 7 - Report %user name% Page 1 --I- 4--- Movement EBT EBR WBL WBT NBL NBR Lane Configurations 1� Volume (veh/h) 56 4 76 112 1 5 Sign Control Free Free Stop Grade 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 61 4 83 122 1 5 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 65 350 63 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 65 350 63 tC, single (s) 4.1 6.4 6.2 tC, 2 stage (s) tF (s) 2.2 3.5 3.3 p0 queue free % 95 100 99 cM capacity (veh/h) 1537 612 1002 Direction, Lane # EB 1 WB 1 NB 1 Volume Total 65 204 7 Volume Left 0 83 1 Volume Right 4 0 5 cSH 1700 1537 906 Volume to Capacity 0.04 0.05 0.01 Queue Length 95th (ft) 0 4 1 Control Delay (s) 0.0 3.3 9.0 Lane LOS A A Approach Delay (s) 0.0 3.3 9.0 Approach LOS A Intersection Summary Average Delay 2.6 Intersection Capacity Utilization 26.8% ICU Level of Service A Analysis Period (min) 15 Baseline Synchro 7 - Report %user name% Page 1 HCM Unsignalized Intersection Capacity Analysis 2012 Existing PM Peak 3: Benchmark Road & Access 9/19/2012 Baseline Synchro 7 - Report %user name% Page 1 --I- 4--- Movement EBT EBR WBL WBT NBL NBR Lane Configurations 1� Volume (veh/h) 96 4 17 80 4 79 Sign Control Free Free Stop Grade 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 104 4 18 87 4 86 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 109 230 107 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 109 230 107 tC, single (s) 4.1 6.4 6.2 tC, 2 stage (s) tF (s) 2.2 3.5 3.3 p0 queue free % 99 99 91 cM capacity (veh/h) 1482 748 948 Direction, Lane # EB 1 WB 1 NB 1 Volume Total 109 105 90 Volume Left 0 18 4 Volume Right 4 0 86 cSH 1700 1482 936 Volume to Capacity 0.06 0.01 0.10 Queue Length 95th (ft) 0 1 8 Control Delay (s) 0.0 1.4 9.3 Lane LOS A A Approach Delay (s) 0.0 1.4 9.3 Approach LOS A Intersection Summary Average Delay 3.2 Intersection Capacity Utilization 23.6% ICU Level of Service A Analysis Period (min) 15 Baseline Synchro 7 - Report %user name% Page 1 HCM Unsignalized Intersection Capacity Analysis 2015 Background AM Peak 3: Benchmark Road & Access 9/19/2012 Baseline Synchro 7 - Report %user name% Page 1 --I- 4--- Movement EBT EBR WBL WBT NBL NBR Lane Configurations 1� 4 Y Volume (veh/h) 65 5 85 130 5 5 Sign Control Free Free Stop Grade 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 71 5 92 141 5 5 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 76 399 73 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 76 399 73 tC, single (s) 4.1 6.4 6.2 tC, 2 stage (s) tF (s) 2.2 3.5 3.3 p0 queue free % 94 99 99 cM capacity (veh/h) 1523 569 988 Direction, Lane # EB 1 WB 1 NB 1 Volume Total 76 234 11 Volume Left 0 92 5 Volume Right 5 0 5 cSH 1700 1523 723 Volume to Capacity 0.04 0.06 0.02 Queue Length 95th (ft) 0 5 1 Control Delay (s) 0.0 3.3 10.1 Lane LOS A B Approach Delay (s) 0.0 3.3 10.1 Approach LOS B Intersection Summary Average Delay 2.7 Intersection Capacity Utilization 28.2% ICU Level of Service A Analysis Period (min) 15 Baseline Synchro 7 - Report %user name% Page 1 HCM Unsignalized Intersection Capacity Analysis 2015 Background PM Peak 3: Benchmark Road & Access 9/19/2012 Baseline Synchro 7 - Report %user name% Page 1 --I- 4--- Movement EBT EBR WBL WBT NBL NBR Lane Configurations 1� 4 Y Volume (veh/h) 110 5 20 90 5 90 Sign Control Free Free Stop Grade 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 120 5 22 98 5 98 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 125 264 122 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 125 264 122 tC, single (s) 4.1 6.4 6.2 tC, 2 stage (s) tF (s) 2.2 3.5 3.3 p0 queue free % 99 99 89 cM capacity (veh/h) 1462 715 929 Direction, Lane # EB 1 WB 1 NB 1 Volume Total 125 120 103 Volume Left 0 22 5 Volume Right 5 0 98 cSH 1700 1462 914 Volume to Capacity 0.07 0.01 0.11 Queue Length 95th (ft) 0 1 10 Control Delay (s) 0.0 1.5 9.4 Lane LOS A A Approach Delay (s) 0.0 1.5 9.4 Approach LOS A Intersection Summary Average Delay 3.3 Intersection Capacity Utilization 25.0% ICU Level of Service A Analysis Period (min) 15 Baseline Synchro 7 - Report %user name% Page 1 HCM Unsignalized Intersection Capacity Analysis 2015 Total AM Peak 3: Benchmark Road & Access II 9/19/2012 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Volume (veh/h) 1 65 5 85 130 5 5 0 5 22 0 5 Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 1 71 5 92 141 5 5 0 5 24 0 5 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 147 76 410 407 73 410 407 144 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 147 76 410 407 73 410 407 144 tC, single (s) 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2 tC, 2 stage (s) tF (s) 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3 p0 queue free % 100 94 99 100 99 95 100 99 cM capacity (veh/h) 1435 1523 523 501 988 523 501 903 Direction, Lane # EB 1 WB 1 NB 1 SB 1 Volume Total 77 239 11 29 Volume Left 1 92 5 24 Volume Right 5 5 5 5 cSH 1435 1523 684 568 Volume to Capacity 0.00 0.06 0.02 0.05 Queue Length 95th (ft) 0 5 1 4 Control Delay (s) 0.1 3.2 10.3 11.7 Lane LOS A A B B Approach Delay (s) 0.1 3.2 10.3 11.7 Approach LOS B B Intersection Summary Average Delay 3.5 Intersection Capacity Utilization 28.5% ICU Level of Service A Analysis Period (min) 15 Baseline Synchro 7 - Report %user name% Page 1 HCM Unsignalized Intersection Capacity Analysis 2015 Total PM Peak 3: Benchmark Road & Access II 9/19/2012 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Volume (veh/h) 5 110 5 20 90 20 5 0 90 10 0 3 Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 5 120 5 22 98 22 5 0 98 11 0 3 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 120 125 289 296 122 383 288 109 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 120 125 289 296 122 383 288 109 tC, single (s) 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2 tC, 2 stage (s) tF (s) 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3 p0 queue free % 100 99 99 100 89 98 100 100 cM capacity (veh/h) 1468 1462 652 604 929 507 610 945 Direction, Lane # EB 1 WB 1 NB 1 SB 1 Volume Total 130 141 103 14 Volume Left 5 22 5 11 Volume Right 5 22 98 3 cSH 1468 1462 908 568 Volume to Capacity 0.00 0.01 0.11 0.02 Queue Length 95th (ft) 0 1 10 2 Control Delay (s) 0.3 1.3 9.5 11.5 Lane LOS A A A B Approach Delay (s) 0.3 1.3 9.5 11.5 Approach LOS A B Intersection Summary Average Delay 3.5 Intersection Capacity Utilization 26.1% ICU Level of Service A Analysis Period (min) 15 Baseline Synchro 7 - 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RIP AA -4r flP NIL I %jo del nr COVER SHEET TABLE OF CONTENTS W BENCHMARK RD VIEW 39 SECTION 01 SITE & CONTEXT - PHOTOIMAGING - ENTRY 40 VICINITY MAP AND CONTEXT 1 PHOTOIMAGING - LETTUCE 41 EXISTING CONDITIONS 2 SHED LANE CONTEXT PHOTOS 3 PHOTOIMAGING - LETTUCE 42 EXISTING CONDITIONS 5 SHED LANE SITE PLAN 6 PHOTOIMAGING - BUS DEPOT 43 GRADING AND STORMWATER 7 EXTERIOR IMAGERY 44 UTILITY PLAN 8 NORTH ELEVATION 45 TURNING EXHIBIT 9 EAST ELEVATION 46 CONSTRUCTION LOGISTICS 11 SOUTH ELEVATION 47 CIRCULATION 14 WEST ELEVATION 48 EASEMENTS 15 MATERIAL BOARD 49 DOWNSPOUT AND DRAIN 16 LOCATIONS SECTION 04 HEIGHT ANALYSIS - ILLUSTRATIVE SITE PLAN 17 NORTH HEIGHT ANALYSIS 50 SNOW MELT AREAS 18 EAST HEIGHT ANALYSIS 51 LANDSCAPE INSTALL BY 19 SOUTH HEIGHT AN LYSIS 52 WYNDHAM OR TOA WEST HEIGHT ANALYSIS 53 LIGHTING PLAN 20 HEIGHT BLANKET STUDY 54 LIGHTING CUT SHEETS L 21 WALL SECTIONS /BUILDING 55 LIGHTING ELEVATIONS 25 STEP DIAGRAMS GARAGE CLEARANCE 58 SECTION 02 PLANS - PRELIMINARY CODE STUDIES 25 BUILDING STATISTICS 26 SECTION 05 SHADOW PLANS - PARKING PLAN 27 MARCH 21/JUNE 21 59 LEVEL 1 PLAN 28 SEPTEMBER 21/DECEMBER 21 60 LEVEL 2 PLAN 29 LEVEL 3 PLAN 30 APPENDIX A SUBMITTAL DRAWINGS - LEVEL 4 PLAN 31 LEVEL 5 PLAN 32 ROOF PLAN 33 VALET PARKING PLAN 34 SNOW CONTROL PLAN 35 SECTION 03 BUILDING EXTERIOR - MAIN ENTRY VIEW 36 LETTUCE SHED LANE VIEW 37 MAIN STREET VIEW 38 ARCHITECTURE URBAN DESIGN INTERIOR DESIGN M€uricllo Planrning Group LARCT1u L Il LANDSi.A-E AFrHMECAM ENGINEERING LAND PLANMJG UR"N WYNDH LM VACATION OWNERSHIP' TABLE OF CONTENTS I .k z N_ m pp n 0 z m 1.0 r &-N-,CENTERIlk- ` • kXl r r: [[r — 41 . /VVMS ST Y AA } z -- A PROPOSED . i. ZAP �' - 4 -.� .. r � _ •awe , .d - 4 O RA SPOR t ko r OFFICE) RE �J r �ry - -� i • WYNDHAM nor Craa6 VACATION OWNERSHIP' UR"N OVAGN NW WEST VIEW -7-vw Now NORTHWEST VIEW PAGE 2 1 EXISTING CONDITIONS ARCHITECTURE URBAN DESIGN � I INTERIOR DESIGN Mqkjrirllo PIanning Group MARCIN ENGINEERING WYNDHAM nor Craa6 VACATION OWNERSHIP' UR"N OVAGN NW WEST VIEW -7-vw Now NORTHWEST VIEW PAGE 2 1 EXISTING CONDITIONS FLA =4 ARCHITECTURE URBAN DESIGN � � +'NDH LI INTERIOR DESIGN . VACATION OWNERSHIP' PAGE 3 CONTEXT PHOTOS iiJFlcllo PlGFfliT� CF45} L1S411LAd]Si.4EAFC=Hfi4�ip� ENGINEERING LAND FLANMdG 4H OeWA yx, .w �[�J�� � --WYNDHAM LANDR.'A.FE AFr-HMECfuk$ VACATION OWNERSHIP' LAND PLANMJG MAN PAGE 'T CONTEXT PHOTOS ARCHITECTURE URBAN DESIGN INTERIOR DESIGN Maurielfc Pfcnning Grain MARCtN ENGINEERING yx, .w �[�J�� � --WYNDHAM LANDR.'A.FE AFr-HMECfuk$ VACATION OWNERSHIP' LAND PLANMJG MAN PAGE 'T CONTEXT PHOTOS if AVON CENTER AT BEAVER CREEK REC. NO. 38990 •off ]z zn�M� �• T ` / / STORM INLET 4. 5T -------- e]a5i.ei5.ls \X� GRATE = 1451 40 M n a 4i INV (N) = 7449.90 2 CMP \\ �h,�, W T a 0. LOT •2 a \ . \ � �_� � -t% � � e • e° '\s ���v ,..��t • as 'e s°o'I . X68„ ss" L 11M - ]456 ]5INV ' �' �8 s• �� t�, _ INV SSE)_ 7453.5Q 7453,5D 6" PVI 'lam \ \ ,� \ \�_,•�\as .� �( �, _ J /OU TLOT 3 a `a µ.ma �\ i� ' 12" crvP �F .: \ W ]45320 12" OMP rlo, � ST THE SEASONS AT AVON ��-� REC. NO. 526597 RIM 7143.96 �ss�\ 'O \, \? — a� T (/�/ _ INV ME) 7117, 91 to" Pvc \S >F 'y \ 1i IRR —�� o sT w - /I r INV (E) - 1442.91 12 Pvc �\) �'\ 8' a✓q[A, A RIM EL. = 7145.,0' .11"// 1 ��✓S° INV (W) _ ]442.66 12 PVE \./ \`e��\ \ 4 1 J INV ]449.90 30 RCP Nv (E) ]15200 12 cMP INV (s) =],o-9-ao 2a RCP ii'�. A 0 v.� ' e4m�Jp� TV A s \` v f •'` �.. L ReT sr AsrRALT .. � ✓ � ���a� '. 'v � % � (� r i� n � lss��ue�n 4 sroRM MH - RIM 1156.1] k' /� INV ]451.9]' 30" RCP n 774 e 5 N MH RM - 1656-10 \ n. t" u UM oq i� f INV (E} _ 7451.82' 30" ROP \ INV (NE) _ ]446.30' 12 PVC \ r T �~•• G \ \ \ i II INV (W) _ ]145.30' 12` PVC - - R�� T BENCHMARK AT BEAVER \ CREEK o -LOT 1 RESUBDIVISION 41/ REC. NO 8686660 v '\- - — LOT 1.068 ACRES (W/ 50' R.O.W.)y 13%14" - IPTICA RCP FES h� I ' /' jpNL PAW • e �� S INV EL - 7444.91' 144714 1 J•a / Irvv (N) = laaz oa' 12" RCP s. sroRM INLET INV (W) = 7441.44' 30" RCP STORM MH FL = J4s3.29' / INV (E) = 77142,14' ,41 54 30" RIP RIM ]452.66' INV (NIG = 744J.24' 30" RCP - INV (NE) = J446.83 30" RCP INV (SW) =1446.64' 30" RCP \ ';TORN INTEI 'N'r<ir°° INV (SW) 7446.]3' 30" RCP wnALi GRATE _ ]45].]5' / / ( i, STORM _-H3 H INV (E) = 7454.85' 16" CPP SRM - Vas744' �> 00 INV wv M) = 711649' 7,a" aGP (SW) _ ]447.99' 30" RCP .1. RIM - 7447,91 % ' INV (NE) = 144216' 30" CP -- O 5 Cyd+ / D..:: - //%c. INV (SW)=J442.]1 3 RCPip��- //\ // ✓ D uR / _ \ .a STORM INLET 68 08\4" wqn� • i //H� 4 `' / (E'�+�' BF' /5/ •��/""/ w —w — \� - 7445.53' q4r ° / S•� 1 �1'— \��� p°V ^" \ INV (SW) = 7142.05 6 Pvc 4' gar Ip6 vin r\ 1 s I6 J� ° e/ �jv t _e // LEGAL DESCRIPTION \ LOT 67 BLOCK 2 Fnal Plot A Robot of Lot 61, Block 2 Benchmark at Beaver Creek Town of Avon County of Eagle State of Colorado of which was recorded ec AL / / rouno sn Mar - . •� ' t ® ®l E 7 E / Tr r- L �February 23 2004 at Rep 'on No 868662 n the Office of the Clerk and "L \ raovice IL ® E �� e e e n a. / Recorder County of Eagle. State of Colorado. l \ ` �. NOTES. i Y \ `�' 1) Survey Date August 23 2012 r \ STORM NIST • / 2)s ms Survey doesr note Constitute a boundary survey nor any'n Ws`gaton into T L - ] 2 \ e e ° SBN MH cord eas ents o umbran ces ,,see ,fed w th th s t v Record INV ENE) J4 97, 0 RCP e FL 7452.12' \ , re entseand rights -of a shown for this TopographicSPrvey e e der vied INV (W) 7441 72 30 CP INV (x) - xxxx.xx e PVc y C c / INV z) = xxxx.xx' e" Pvc from the Final Plat A Rebot of Lot 61 Block 2Benchmark at Beaver Creek 17�� AVON TOWN SOU ARE SUBDIVISION mss r e e // without the ode of a Titlee Commitment, ,) ss °,� '� a e ` ~ xurzR vAULr 3) ELEVATIOn N DATUM: The Northeasterly most corner of said lot 61 being \ _v —REC. N0. 526854 monumen ted as shown hereon Assumed elevaton7457.56 v� 9 �, _ • 4 / ess $L1dli s • /" �" // 4) CONTOUR INTERVAL: 1 foot. RIM = 1415.01' n / IN (E) _ ]438.fi]' 10' CLAY 4 m� ° a a 5) Utilities are shown oppi-ouimately and should be field verified prior to ID INV (W) = 7436.77' " CLAv INV (NE) _ 7439.02' 6" FVC AMfIALr r ••/ �. E-(` \ excavation. \ e FL = 74ya 51 '\ 6) Marcin Engineering LLC does not warrant o certify to the integrity of any INV (x) ='FIL x' a"Pvc Digital Data supplied in conjunction with r this map and survey. INV (x) = X%Xx. xx e" Pvc \ r 7) STREET ADDRESS- 75 West Benchmark Road. \� m m 8) This Is not a onu ented survey, Land Survey Plat, or Improvement Survey \r plat. No boundary resolution was performed In making this osrsidei All lot lines, setback lines, and a ent lines shown hereon should be c nsidered approximate and should not be relied upon for the placement of any future \-- Improvements. GRAPHIC SCALE 0 0 30 40 60 1 D I, Thomas S. Marcin, a Professional Land Surveyor in the State of Colorado, NN, ED hereby certify that this TOPOGRAPHIC SURVEY was done by me or under my ` \ IIacM1= 20 n, direct supervision, andPthat it was performed using the standard care and n�Ri�c I__ lin fho n n} fhc }imc of fho c The Nn}pc hereon n ARCHITECTURE URBAN DESIGN D EWYN CA H 5 EXISTING CONDITIONS INTERIOR DESIGN LI VACATION OWNERSHIP, PAGE hR L. i�n -nen. I 4 Of. _Ilii P .1411.. � {pFQYF! 1fin.R�Tl11 L&NGr5Cs4PE �F.C'HIfi4�'flpk� ENGINEERING LAND pU4NIiii 4I • EXISTING Imo♦ \"� ��� ASPHALT (TYP) /� \ \ k\/' RR Avon Center Building LJ tv1 36.00' • �� ` I a \ \ \ • a ® , OUTLOT 2 / r�.•.� °c� ;y,•°,7 � ♦♦♦ � ♦� US Bank Parking 15.00' ,• /` /?PROPERTY ' ♦ \ � \ LINE (TYR) , q�• ♦♦ • \ b EXISTING CONCRETE (TYP) ., q� • ♦♦♦ COO -PRESERVE AND PROTECT The Seasons - - INSTALL 15' HEATED A/• /• ♦ , COLORED CONCRETE SIDEWALK INSTALL HEATED \ CONCRETE FOR TRASH \ �` ;�/ ' -y: INSTALL CONCRETE RE: LANDSCAPE ENTRY \ /. / '• ♦ PATIO (TYP) m ARCHITECT/MEP ENGINEER RE: LANDSCAP T. •• ♦>( RE: ARCHITECT - ARCHITECT/MEP / ♦ •� LANDSCAPING ENGINEER ` °r� �\ ♦♦♦ •/ � %� 14.0 �- \ ,/ • ♦ f \ AREAS (TYP) i ° / O `/ ♦♦♦♦ '� \ RE: LANDSCAPE •� \ / \ /� ♦ / ARCHITECT % ° ROPOSED BULDING \ / /FOOTPRINT (TYR) �:° EXISTING CONCRETE WALL [LJ AN CAPI�/ NG ARX' -PRESERVE AND PROTECT LANDSCAPE BEGIN 5'\�IIDEWALK TAPER o Lot 61 O 2('°'` •/• FROM 17 TO 15' TO ° / \ OTRENCH ACCOMMODATE FOR TRASH INSTALL 6" ZURN •\ ° C \\ TRUCK 15.00 \' \ / INSTAL ALL • .•', ° ' �Rj H DRAINS \ • / / CONTRACTOR TO TIE NEW / / STEPS zq,dp' INSTALL SIDEWALK INTO HEATED • ' RAMP CONCRETE PAVER PLAZA -COORDINATE •. 7 / INSTALL ADA RE: LANDSCAPE \ \° ACCESSIBLE CONCRETE SNOWMELT SYSTEM WITH MEP ARCHITECT/MEP ENGINEER `•��° RAMP ENGINEER T %• W/HANDRAIL PER ♦ . ' ° REMOVE AND REPLACE EXISTING CODE \ • \+ HEATED PAVER PLAZA, SIDEWALK, °'�-Q AND CURB TO ACCOMMODATE UTILIN { • \ INSTALLATIONS AND TRASH TRUCK Tom. 0.00' ACCESS INSTALL HEATED •/ s� REMOVE AND DISPOSE AUTOCOURT EXISTING 2.5' CURB AND RE: LANZPE GUTTER. INSTALL C L.F. OF y ARCH 3' CONCRETE VALLEY PANS INSTALL CONCRETE WALL WITH TAPERED CURB ENDS RE: ARCHITECT � EXITING -COORDINATE WITH ENGINEERLL PARKING VEHICLE (TYP)I ING (TYP) \ EXISTING BUS STOP '0 70. �• /' ENCLOSURE COORDINATE < e. TOPPING SIGHT DISTANCE WITH ARCHITECT FOR ♦ �' \ \♦\ REMOVE AND EW L C .5` UR TRIANGLE -NO OBSTRUCTING ° IMPROVEMENTS \ °R 0' CONCRETE SIDEWALK AND CURB STRUCTURES/LANDSCAPING \ Ti Y AND GUTTER \ EXISTING BOLLARD (TYP) ' -.. +:f 6.0 ' i� R / SHALL BE PERMITTED TO INSTALL CONCRETE -TIE ��� � L A i BE WITHIN HATCHED I REMOVE AND REPLACE FOR 1V11� IMPROVEMENTS WITHIN LIMITS INTO EXISTING 8. ��' �) ✓ TRIANGLE AREA OF DISTURBAN� P SIDEWALK -MATCH COLOR i� / �P ^ O®\INSTALL (9)-6" STEPS\ p ~ • ' .� E (50' R° White River Center � /////%,/y��� _ \ ♦ RE: ARCHITECT �SCONSIRUCTION LIMITS OF DISTURBANCE (TYP), 0 V \- 7°- lDSCAPING AREA ` � . \/ RE: LANDSCAPE LANDSCAPING AREA N \ ARC T RE: LANDSCAPE EXISTING HEATED PAVERS ARCHITECT a, (TYP) E \ PraWit Cenr ° ® • TIE HEATED CONCRETE INTO EXISTING ® 11 ASPHALT, SAWCUT BACK 1', REMOVE, ® 71 DISPOSE, 12" MILL, AND REPLACE \ ♦ ® ^ /' 70.0 ASPHALT FOR TIE-IN \v ' \ I EXISTING CONCRETE HEATED INSTALL 22 L.F. OF 3' ` ° I CONCRETE VALLEY PAN SIDEWALK, SAWCUT, REMOVE, AND a REPLACE AS NEEDED FOR WALL INSTALL CROSS -WALK STRIPING ♦ ° t a y INSTALLATION PER TOWN OF AVON CODE \ - EXISTING 2.5' CONCRETE ® s , CURB AND GUTTER (TYP) ® INSTALL EXPOSED BOARD NOTE: CONCRETE WALL CONTRACTOR TO REFER TO ARCHITECT, -DESIGN BY OTHERS LANDSCAPE ARCHITECT, AND MEP ♦ ` STOPPING SIGHT DISTANCE RE: LANDSCAPE ARCHITECT ENGINEER PLANS FOR ADDITIONAL SITE \ TRIANGLE -NO OBSTRUCTING STRUCTURES/LANDSCAPING INFORMATION AND IMPROVEMENTS. \ SHALL BE PERMITTED TO \ \ VEHICLE (TYP) BE WITHIN HATCHED TRIANGLE AREA \ \ \ GRAPHIC SCALE \ 0 30 40 T 100 \ (M FEED I i�cM1= 20 ft. ARCHITECTURE URBAN DESIGN PPAG E � I Vu ' W D HAM PAGE SITE PLAN p Ij INTERIOR DESIGN M€1ueicllo Planning Group bURG`IN LAN01CA0E,+.aC_wr8CT1;a6 VACATION OWNERSHIP' ENGINEERING LAND PLANrwJG 4N 1 trig al Avon Center Building 0_9 \ An Asx ` ♦ • •INSTALL COOT 2'X3' BOX 7 / sr ',/ /� ;; weO f\ ♦` --INLET W/ TYPE 13 VALLEY ° _ _ \\ \ W,z ANE INLET g, REMOVE EXISTING PIPE f i, z r GRATE = \ 7453.25 FROM EXISTING INLET INV. OUT = 7450.31 AND INSTALL 16.50 L.F. „ e•e 'oma a / rea, \` P .p, J -'+u- e \ / _ / 5 �♦` o • _ OF 18" RCP ® 0.5% MIN. �. •♦ ` / r.SS INV. OUT (N) =7449.83 ti / NOTES: 0�� ♦♦ ♦ .; '� Ka♦ . eYf. 2' / °,. a US Bank Parking I) CONTRACTOR TO INSTALL DANDY SACKS OR DANDY CURB ,••,� / e'er 4 -TACKS (OR EQUIVALENT) AT ALL VALLEY AND CURB INLETS: '• z ° �1� p /1 4 " INSTALL COOT 2'X3' BOXP ° _) CONTRACTOR TO INSTALL CURB SOCKS ALONG CURB AND ° - ° °' /� 5" 50 ��_• sT� INLET W/ TYPE 13 r ' • I ¢ - ,�°° .. / ` ALLEY NE INLET VAj "UTTER ALONG SOUTHERLY SITE PROPOSED GRATE = 7454.70 V MINOR CONTOUR ^ 1A ♦ ♦ °`:e- b`♦♦`e, INV. N(SW) 7450.01 OUT(N) )7449.91 ) = 3) CONTRACTOR TO INSTALL STRAW WATTLES AT 1' (TYP) ` f _'° a° >^ e a ,ONTOURS IN DITCHES AROUND BUILDING. ♦ 1) CONTRACTOR TO PROVIDE CONSTRUCTION DEWATERING CONTRACTOR i° w / °j y0. 45S ° ♦�xi o,. 1�- _�� _ \'^ / AN FOR PARKING GARAGE EXCAVATION DURING The Season, TO REGRADE °• \ A- L\ �.�. A_= - CONTRACTOR /\ EXCAVATION AND/OR CONSTRUCTION. AREA a>456 ♦ rs.z g '°'nJl A \ / ° . I APh N o INSTOF 18' RCP ®��1 ALL 60.00 L.F.\ aa.,..�...1' \ \ \ �' "4 °. \ .z° ♦ `\ \ •,) i) ALL STORM INLETS TO HAVE VANE INLETS AND I 0.5% MIN .� \ ° y � ♦` S3° >e \ - I `I gl -A i r� 'ROPERTY LABLED NO DUMPING, DRAINS TO RIVER" PROPOSED p.-'\ \ ��"• w� a e ♦♦ ���\'e_ \ \ r�C =s, ae• _� MAJOR i \ S' \'p ♦ ¢ m.^a S •n. a.as i se �.. L r Sy J ® CONTOUR (TYP) P ^ray .c.: m„ \ < \ o �\ S/♦♦♦♦♦ \r _ �X / �.wa ° ,1� INSTALL 4' DIA. SUMP DRAIN V '� \ \ w ♦--A ♦� ✓ �r I w�• MANHOLE W/SOLID COVER " a �w,` _ \ - IQs, ` F ♦ I u' n RIM = 7448.50 // \ a °,.co' .E 5 /S s. \ ♦ sr JJJ INV IN 7434.50 BOTTOM EL 7430.50 / -� �° h ♦� a PROPOSED INSTALL COOT 2'X3' STORM n; s n / FLOWLINE }I "!� \ ; ^°_ zq• \ PROPOSED SPOT .� BOX INLET W/ SOLID COVER' , -- ELEVATION " ` (TYP)- \ / w a sa.a° Ic STAMPED "STORM" / ' 'Qa.,,/ ° T ) TYP RIM - 7447.60 Lot 61 (TYP) J°� INV. IN (W)= 7442.50 �/ INV. IN (E)= 7442.50 INSTALL 8 L.F. OF ` / r ��� i l ,��o �� ✓ e e INV. OUT (S) 7442.40 K \ 18" RCP ® 1.0% INSTALL 13 L.F. OF \ ROOF DRAIN PIPE �a �a. s,aa• INSTALL 24 L.F.OF 6" ZURN 18" RCP ®1.0% / -SEE SHEET C7 TRENCH DRAIN a° a eINSTALL 8" / Z886-HDG-HPDE-U6 / INSTALL CDOT 2'X3' STORM 1 zs• vc �- e: sxw o/ (# ) \ DRY STACK � .� � `j �'?'a 9� _ a wez V20C�L( WALL BOX INLET W/ TYPE 13 INSTALL 48.50 L.F. OF `' •" xa.n 10 - INSTALL 40 L.F. OF 6" s �, \r' 1°_ \a ZURN TRENCH DRAIN i'y q�5 VALLEY VANE GRATE 9 • - •� �. , 1 18" RCP ®2.0� , s GRATE = 7446.75 m wso f ," „- n. -� #2886-HDG-HPDE-U6) 7 CONNECT TO GARAGE. - INV. STORM SYSTEM AT "rz/- u. s..es. \ • 'i�� �\-..�''- F`p, F. �, �s,.n , u �� �s ��,.. w r:�� BUILDING, COORDINATE '.�n�. as CONTRACTOR TO REMOVE I" `b ¢ ♦ e // / CONTRACTOR TO EXPOSE EXISTING /' / WITH MEP ENGINEER ., ( A �sx e` \, .w - s.ra 23'X14" ELLIPTICAL RCP, REALIGN, / ? i EXISTING 2' DIA IT GRATE AND RELAY 35.0 L.F. OF EXISTING r ' n awo PLANS FOR TIE-IN '1454 a \ AND INSTALL RISERS AND J PIPE AT 1.0%. / g`a� g• "��.; '�� MANHOLE SOLID STAMPED \ / . / �`°u -\ `� "STORM" COVER TOMATCH (ISTING MANHOLE STORM / � / a: \, '- °y"ma° PROPOSED GRADE. WATER TIE-IN TH INr RIM = 7447.90 I ♦ \ d \ OORDIN WIJ& /- ♦ \ G INV. IN (N) =7442.04 NG INV. IN (E)=7441.54 INV. OUT (W) =7441.44 / ♦ - \ I ' ^ �C / / \\ as..00 �.�.m\ ` ?� °s1 tea, .,. t / iii / i ♦ REMOVE AND DISPOSE EXISTING 2.5' • m '� - sim _ ` CURB, GUTTER AND HEATED PLAZA / ' .e ONTR`INSTALL A ',` sa / s ,z�. s=./ i J /�\ " 'o �e ♦i CONTRACTOR TO REMOVE EXISTING / E ` AREA. INSTALL NEW 3' CONCRETE ♦ ,0 ro♦w r s Atl CURB INLET GRATE AND FRAME \/ STC 900 STORMCEPTOR WITH VALLCiV ♦• ° EY PAN FOR GARBAGE TRUCKn •_ x°. �� ° AND INSTALL PRE -CAST SOLID COVER STAMPED -f•F" \T# / / y O ENTRY -COORDINATE WITH ENGINEER _ "STORM" / �. \ -' as i ,% ' RIM 7447.90 \ eax _ _• j '749% 1°"6' $est '" 1 ! M� ., E 16 VALLEY VANE INLET V INV. IN(N)10" = 7443.52 i / )~ anAW*_TAI16L� sl°peicnanna mamnanon M." 4 / i- °` %• i \ oV AWSITI�L'°RI RS TO MATCH (Perlmeler tMmn INV. IN(E)18" 7442.85 ♦ m a ^ W' 'I ROPOSED RADE. COORDINATE )� 7� �+ \ r n\ Jssrs / �'~ t• R�. ---WITH ENGIN ER White River Centel, \ a f - �k s E , wrc a / INV. OUT(W)18" - 7442.60 (5 CONSTRUCTION I INSTALL EXPOSED BOARD ♦ w: s°Si s c sso ° �� �• [ ^„< i LIMITS OF / % CONCRETE WALL (TYP) \ - ��' y� L + / -DESIGN BY OTHERS ,� V r�° • ••S sled z„s al sel '°� DISTURBANCE n RE: LANDSCAPE ARCHITECT ° / e ' c (TYP) ♦ //n� LANDSCAPING AREA (TYP) a4 - i �, I RE: LANDSCAPE / e ` )Tra It Ce - ARCHITECT, aJ'. e o • °INSTALL ecS smoel n �' i P '°='v / ® \, EXISTING MAJOR - �° `® -.F� I [•� oi""e --I €. < \ :? °� \ ,�♦ \ \ ✓ ® `/ CONTOUR (TYP) SAWCUT 12" BACK, J w,w ,==,ww c,r. ae ",r,n< a'•a• sf,•• wa ` / •� ° MILL 12' AND' msn / / INSTALL ASPHALT PER SHE R NOTES: `^w baro�a ...n.. .. ♦ J a ° ♦ • ° ° �' ° / DETAIL- 1E iN iu ♦ i ,J EXISTING A SR ACON TRACTOR TO INSTALL DANDY SACKS OR a" - PoMer.lgoao,sarewbease figure A-Pror. View F,g°e6 _.View DANDY CURB STACKS (OR EQUIVALENT) AT ♦ ° t\' •• EXISTING MINOR 4� ALL VALLEY AND CURB INLETS. enannel malanalmn -i. Filer cnm.iae malanalmn CONTOUR (TYP) 2) CONTRACTOR TO INSTALL CURB SOCKS cnannadmaananon°w ALONG CURB AND GUTTER ALONG SOUTHERLY SITE. aye n as°vo:�; n 3) CONTRACTOR TO INSTALL STRAW WATTLES hI a • �•° • / AT 1' CONTOURS IN DITCHES AROUNDw1 ^��°",a er ` BUILDING. \ ° ` 4) CONTRACTOR TO PROVIDE CONSTRUCTION ♦ ♦ °• DEWATERING PLAN FOR PARKING GARAGE EXCAVATION DURING EXCAVATION AND/OR oraNel I nn / ep '� ♦ \ CONSTRUCTION. ♦ \ n K.nnna, Iz nn^nr.nnwanw� . mll.nnn on=w•��- Mn t'ignreC-Cross-,Section View Irigure U-Crnsa Seciiun View Figure F:-Crna-1ec,inn Vicw ARCHITECTURE Vu ' URBAN DESIGN� I ---WYNDHAMPAGE 7 GRADING AND STORMWA- INTERIOR i'ai DESIGN VACATION OWNERSHIP' I iT 9JFlcllo P571'1RT15�'KifG'Yp 1fin.R�Tl11 L&NGP5Cs4PE AF.C'HIfi4{'flpk� ENGINEERING LAND PLANPANG LH $ten '—Pdse ta al E\ INSTALL 8" TEE AND CONCRETE THRUST �x BLOCK -COORDINATE WITH\/ a `•\ � s ST ERWSD F \ sr INSTALL 12 DIP GATE' ♦ INSTALL 12' DIP GATE ° Avon Center Building ~ EXISTING i• a _. ` AIN LINE . ♦ ,- VALVE ON EXISTING �s WATER MAIN LINE \ R MAIN n INSTALL 8" DIP GATE � SEE GRADING AND st � / s VALVE ON NEWS ' DRAINAGE PLANS FOR ST WATER N)AI�I I,I�' �', STORM SEWER DESIGN �• aM MH ` ♦ (TYP) / 7442-51' 11 "1 j *� ' CONTRACTOR TO INSULATE / i INV (E) 744291' 12 PVC /:,4EXISTING SANITARY SEWER LINE EXISTING 12" DIP ° • • \�_E—1Nv (w) 7442.6612 Pvc h� ♦ \ \,AT STORMSEWER CROSSING WATER MAIN (TYP) • ° / J\ ' ri• 7. ♦♦ COORDINATE WITH ERWSD r z / i ''• �� C ` � '� EXISTING 12' PVC US Bank Parking c � ' • �/ 4° Y ♦ / SEWER MAIN (TYP) s ' ' •. 4/ ♦ j 1 STING ELECTRIC EXISTING FIBER OPTIC ♦ ♦ //\/ RASFORMER LINE0 \(TYR) .. .. .. INSTALL 25 LF OF 8 DIP SEWER ,, ♦♦♦°� Sr EXISTING 2 DIA. INLET 55 v INSTALL 190 L.F. OF 8 SERVICE 2.07 \ ♦r ` • ♦ AND STORM MANHOLE 4 T MIN. -COORDINATE WITH MEP C♦ 1-t A EXISTING ELECTRIC DIP WATER MAIN WITH •' ENGINEER PLANS FOR TIE-IN\ a/�' �T \., N- rr' — sr r 5T MEGALUG RESTRAINED ♦ \ ♦♦ r'"`>, — VAULT (TYP) ocnnoN The Seasons JOINTS (TYP) Vr\ �'� ♦ 4.,-� — ,•.�. �\ ♦ /; �� ST' EXISTING LIGHT TYP INSTALL 4' DIA. SANITARY SEWER�� INSTALL DRY HYDRANT �� ♦♦ 'r N ✓ MANHOLE -COORDINATE WITH ERWSD STANDPIPE SYSTEM PER ERFPD /\• 5 ��` \ 1 /••�\ / RIM = 7454.90 STANDARDS COORDINATE WITH �Y �, RIM MH o- MEP ENGINEER PLANS FOR �r� \� / RIM - ]456.10' / INV. IN (E)12` 7443.70 ,./ INV (NE) = 7448.30' 12" PVC \ / < TIE-IN LOCATION/ INV W 7445.30' 12" PVC .� / INV. w (s)s" -7444.03 � ,,..r (� _ � A /^' h \ ., . • INV. OUT (W)12 7443.65 \ �� sr \ \ INSTALL 4 DIA SUMP MANHOLE/ / -SEE FOUNDATION DRAIN PLAN// INSTALL GAS SERVICE LINE FROM d/ / /� / • '% • •\ \ \ / EXISTING GAS STUB -COORDINATE WITH GAS COMPANY a Lot 61 INSTALL ELECTRIC d/ // TRANSFORMER -COORDINATE WITH (�\ ELECTRIC COMPANY ,® ®" A a �/ •L ST: i INSTALL PHONE CABLE TV, AND INSTALL PHONE AND CABLE TV PEDESTALS �� ELECTRIC SERVICE LINES TO R /�•, \� .• -COORDINATE WITH PHONE ANDCATV / BUILDING (TYP) • = ' •. • •, • , •. j COMPANY,, T, / INSTALL FIRE HYDRANT / ea+ '�� •, • CONSTRUCT N LIMITS \ �� _ i / A •^ \ \ ASSEMBLY (TYP) INSTALL 27 L.F. OF 6' DIP WATER OF DISTURBANCE '�� LINE FOR BUILDING SERVICE • • , ' • �_� INSTALL 15 L.F. OF 6" DIP WATER -COORDINATE WITH MEP \ s LINE FOR FIRE HYDRANT (TYP) { ENGIN R 4, v ' • / B- SEEGRADING AND DRAINAGE PLANS FOR INSTALL 8"X8"X8" DIP TEE WITH (2)-8"X6" DIP REDUCERS 0 , lo FOR THE DIP FIRE HYDRANT LATERAL AND 6" DIP �• O SERVICE LAA TERAL. MEGALUG RESTRAINED JOINT AND STORM SEWER DESIGN THRUST BLOCK AT TEE. -COORDINATE WITH ERWSD INSTALL (2)-6" DIP _ TYP) K + f GATE VALVESONE ON - • \ -°_,\ RELOCATE EXISTING FDC \U%"^ EACH SIDE OF, TEE STANDPIPE AND LIGHT ASSEMBLY \v ' ✓ ✓✓ E E 20' FEET NORTH TO FDC LOCATION _ ' COORDINATE WITH ARCHITECT ✓� ACCOMMODATE NEW TRASH TRUCK ENTRY-COODRIN ATE WITH TOWN AND MEP ENGINEER _ ✓✓ _� \\ OF AVON & SEASONS FOR - i✓✓✓ -- / RELOCATIONS ✓✓✓ / / // - �E �\ — i ✓ INSTALL PHONE AND � ♦ ♦♦\ o ,I, / ✓ - ".. , CABLE TV SERVICE LNE I _ ♦y�. ° ,S /�O� ✓ �L ♦ `° FROM EXISTING MANHOLE ST \ ✓i✓'�\ 'f ,�% / �_ j' / ` V _ _--� W \ -COORDINATE WITH 'INSTALL ELECTRIC PRIMARY --- PHONE AND CATV LINE FROM EXISTING MANHOLE ♦♦ ✓� /`,�� ,T ✓% !lIYYY �- COMPANYANY COORDINATE WITH ELECTRIC ♦♦ ✓✓ ✓✓✓/V'' O� coMPANY .. ;,✓✓~ " �✓ E � p5 RD .✓ y � \ �j , White River Center \ ♦E/ J PROPERTY ®nk LINE (TYP) • s a C ♦ ♦ c Zt Ce]STINGCABLE / �\ ® T TV (TYP) F ° / • C C E r♦ \v�® e, a ° '�:• s`'�i NOTE: EXISTING SEWER CONTRACTOR TO REFER TO ELECTRICA B" MAIN (TYP) MECHANICAL, AND IRRIGATION PLANS c FOR DESIGNS. Z' EXISTING SEWER MANHOL (TYP) �r L r \ �\ GRAPHIC SCALE �7 0 2 1 0 30 a0 610 m0 (IIV Peea I in�M1= fl. ARCHITECTURE URBAN DESIGN --WYNDHAM g LI VACATION OWNERSHIP' PAGE I UTILITY PLANS INTERIOR DESIGN i'aii79JFlcllo P571'1R T75�'�ifOYp 1fin.R�Tl11 L&NGP5Cs4PE �F.C'HIfi4{�i1pk� ENGINEERING LAND FL AHFAdG. URI )/, �� V • I • D PROPOSED _ BUILDING ENTRY (T P) p •I I O PROPOSED HEATED AUTOCOU RT (TYP) °I °:)H'EA /RAMP TO SDEGRADE (TYR)TRASH rv�eGARAGE PICKUPENTRYED CONCRETE FORH SERVICE usn ar�aiwenwres•sss eae n I Mnx.suwwrmF. x.re' d NEW' HEATED SIDEWALK FOR • n LETTUCE SHED LANE 0 ° lemnl 2013 Yukon SL PIGAL DV TURNING Length 1F-10" �I _ e0o^ VAILHONEYWAGON ___ I ® MOVEMENT (TYP). Width: 6-7 /c Mirrors Wheelbase: W-6" Height: 6'-6" CUSTOM IN j III, -- _ TRASH TRUCK (TYP) ° PROPOSED BUILDING (TYP)It ' SUV VEHICLE ' I EXITING /—�f\. /j•:•i•• / ' \P / \••• SEASONS !I e° > $ D O O ° V / / '"•••.♦ . ' "." •• ♦ . , . ♦ ' EXISTING 1 `500 I. I � d j� � •�••• ♦ ' PARKED SUV VEHICLE / ENTERING. CONCRETE =j PICKUP AREA I FOR THE SEASONS TRASH WIDEN SIDEWALK VT \ FOR ASH TRUCK AM — eD ni I LANDSCAPING I (TYP) (UV _ • •, ••••• ° ° ♦ °d d° a° ea \' VEHICLE TYP) ' . ♦ , ')8 ♦ ° ••• d✓= ♦ . ' ••° S•• d ••� \ \ ; 4 1�•0 d ° / ° e • / ° / • / ° d .x °/' GESS GRAPHIC SCALE d ���� ° d ° e •�� ° SS / zo ao so I I ❑ ❑ � . ST � EXHIBIT 2 — AUTOCOURT TURNING MOVEMENT acaLEr -tn < -' a a ° A �I EXISTING LIGHT AND STANDPIPE TO BE RELOCATED FOR TRASH TRUCK ACCESS IS NG EXISTING HEATED PAVER AREA (iYP) ° 6 TRASH TRUCK•/ _ . n• 9U nTM ENTERING THROUGH NEW CURB CUT ACCESS - - - ` ° C TRASH TRUCK // ' 0w]ilINIllNm. •• -F— ` ` FRONT WHEEL / PATH �• , ILJI / / a EXITING SUV ,. T7p. srsen rva nrvw.r.=s°s TRASH TRUCK / BODY SWING / ; O ���[[[���JJJ!llyyy//////ii VEHICLE d GARAGE sin WIDTH CLEARANCE / / '• ��� - ��•������� - --' -- seen SUV VEHICLE EXITING 2013 Yukon SL AUTOCOURT AND / `Po• ENTERING INTO GARAGE Length 1fi-10 W Wh. 7" w/o Mrtrors elbese:9 6' Height: 6-6" / / TL SU YPICANING TUR MOVEMENT TYP) O 0010 e i _. n — — i .00 • A D °Q n °° ° \ � � / o � �° ' / d PARKED ••4 _ •_ 0000 ° a . 00.00 • < / BENCHMAR6K RD o SUV •�•••s••� jB VEHICLE (TYP)WEST ••• d 0 ° ° ° • . L .• 0°0 •♦• d 000044* 00 RO d / � \ d .f •s•� . � •.! M PRS - - EXHIBIT 1 - TRASH TRUCK TURNING MOVEMENT acnLer-1m EXHIBIT 3 - AUTOCOURT TURNING MOVEMENT SCALE r - to ARCHITECTURE {'/" �j u URBAN DESIGN 1 L I IU 1 N D 1 1 AM INTERIOR DESIGN M€ uriallo Planning (Group b RCIN p LANEAC FE I,F�HMECfl*� VACATION OWNERSHIP' ENGINEERING LARD P ANP94G. URI PAGE J I TURNING EXHIBIT Length: 16-10" Width: 6'-7" w/o Mirrors Wheelbase: g'-8" Height: 6'-6" ARCHITECTURE '�' � URBAN DESIGN INTERIOR DESIGN Mauriclla PlanningGroup MARCIN ENGINEERING W10 LANDR:A''6 ARUHME4 W LAND PLA.N"G UR%AN GRAPHIC SCALE l'YNDH M PAGE 10 VACATION OWNERSHIP' TURNING EXHIBIT Layed back excavtion Wa I kway to remain open M10 LANDSC:A-E AFCHMECAM LAND PLANMJG 4H WYNDH LM VACATION OWNERSHIP' Dumpster Gate and Tracking Mat Ramp into Excavation TempToilets Concrete Barricades Line of Shoring Green Screen Fencing This logistics phase will be in place from the start of the project thru the backfilling of the garage, Approximatley 3 months PAGE I I I CONSTRUCTION LOGISTICS ARCHITECTURE URBAN DESIGN A LI INTERIOR DESIGN Mi79JFlcllo PliG F7 fliTl g Group 1fLt11S41N ENGINEERING M10 LANDSC:A-E AFCHMECAM LAND PLANMJG 4H WYNDH LM VACATION OWNERSHIP' Dumpster Gate and Tracking Mat Ramp into Excavation TempToilets Concrete Barricades Line of Shoring Green Screen Fencing This logistics phase will be in place from the start of the project thru the backfilling of the garage, Approximatley 3 months PAGE I I I CONSTRUCTION LOGISTICS Construction _ I Office x I x X x x x x xx x x x ® � [1ill111l111dA Staff /Visitor I U Parking x I x Temp Toilets X Wa I kway to 0 remain open V V ° N •. •I vv Dumpster •�° .. �.I x� . I �• •°• • •d, •I X ,°1 A Gate #2 and L _j Tracking Mat Ix L Covered walk- way alk- way or sidewalk closure during exterior work im IIIr��l �, Illlllliilm Lr ppppq� � IIIIIIIIIII� Gn u f Fo{� N LT3 f E� �I = ARCHITECTURE URBAN DESIGN f LI INTERIOR DESIGN t L I Mouriello PIanninB Group MARC'IN LA14DSCA-L AFrHMECflM ENGINEERING LAND PLA.NPM4G MAN X x WYNDH LM VACATION OWNERSHIP' 1 ■� �� ice' Temporary Walkway Concrete barricades Green Screen Fencing Temp Toilets Material Staging / Storage Gate Gate as needed for Material Delivery This logistics phase will be in place from the time the garage is backfilled until the building is en- closed and secure, approximately 9 months. PAGE 121 CONSTRUCTION LOGISTICS Sidewalk Closed Signage Dumpster Gate L e sol WORE ARCHITECTUREA URBAN DESIGN INTERIOR DESIGN i'lii79JFlcllo PliG F7 fliTl g Group 1fLt11S41N ENGINEERING r-oN", ,*„ , fl,H LANDSC.AFE AFCHMECAM LAND PLANMJG 4H 1 1' 'NDH M PAGE 13 VACATION OWNERSHIP' I Gate This logistics phase will be in place from the time the building exterior finishes are complete until the sitework is complete. Approximatley 3 months. Note: Temporary fencing / Barri- cades will be used to secure area of the site that are being con- structed CONSTRUCTION LOGISTICS rr ARCHITECTURE URBAN DESIGN � I INTERIOR DESIGN Mouriello PIanning Group MARCIN ENGINEERING Aalk Alk 10 :1011 a Lim 1.1 mol II i /. \ �+� 1!�cu;��r—pllll� hrsl!�F�?��ir pl � SCI Il TRANSPORTATION EASEMENT MIA ---'VAI YNDHAM LANDSC'AFE ARCHIMILTURE VACATION OWNERSHIP' LAND PLANP94G MAN 00" PAGE 141 PROPERTY L I N El KK EASEMENTS ARCHITECTURE URBAN DESIGN � I INTERIOR DESIGN Mouriello PIanning Group MARCIN ENGINEERING Aalk Alk 10 :1011 a Lim 1.1 mol II i /. \ �+� 1!�cu;��r—pllll� hrsl!�F�?��ir pl � SCI Il TRANSPORTATION EASEMENT MIA ---'VAI YNDHAM LANDSC'AFE ARCHIMILTURE VACATION OWNERSHIP' LAND PLANP94G MAN 00" PAGE 141 PROPERTY L I N El KK EASEMENTS ■ VEHICULAR ACCESS ■ PEDESTRIAN ACCESS ® SERVICE ACCESS ■ GUEST ACCESS MAIN STREET 1■1■1•■1■1■1■1■1■1■1■t■f■1■1■1■1■1■1■1■1■1■1■1■1■1■1■1■1■1■1� TOA PROPOSED EVENT PLAZA SERVI ARCHITECTURE URBAN DESIGN INTERIOR DESIGN Mouriello PIanning Group h RCIN ENGINEERING EXISTING TRANSPORTATION HUB J \-, I � 'V'� YN DHAI Vi VACATION OWNERSHIP' lu LANDSCAPE,+,NC_HII�CTiiRE LAND PLANFAJG 4N PAGE 15 I EXISTING CURB CUT CIRCULATION • ROOF DRAIN LOCATION I• INTERNAL ROOF DRAIN LOCATION UNDERGROUND PVC PIPE r, ARCHITECTURE URBAN DESIGN r �I E�--WYNDHAMINTERIOR 161 ROOF DRAIN / PLUUUANDsUcAPE�J1H�� PAGE P GroupII DESIGN M€�ueicllo I'liG11RT1�5� fGroup ijljAR('TN VACATION OWNERSHIP" �kND FLANfAdC.. ENGINEERINGDOWNSPOUT 4R%" LOCATIONS The Seasons "A" LOG ry�k r ,r l A von Center gLLildi d r x } € -GFR �-,-r�L �ASS0 IED PERENNIALS ENLARGEVIENT� � INTEGRAL COLORED CONCRETE WORE ARCHITECTURE URBAN DESIGN A INTERIOR DESIGN Mi79JFlcllo PliG F7 fliTl g Group 1fLt11S41N ENGINEERING T'YPI CAL PLAN TIN G AREA M10 LANDSC.A-E AFCHMECAM LAND PLANMJG 4H WYN D HALM VACATION OWNERSHIP' TYPICAL PLANTING AREA PAGE 17 1 GUARD RAIL & ORNAMENTAL GRASSES FEATHER REED GRASS ILLUSTRATIVE SITE PLAN easons LANDSCAPE ARCHMECAM VACATION OWNERSHIP' LAND FLANPANG UR"N 00" LEGEND SNOW MELTED BY TOWN SNOW MELTED BY WYNDHAM PAGE 181 LEGEND SNOW MELT PLAN ARCHITECTURE URBAN DESIGN INTERIOR DESIGN Mauricllo Flonrting Group hURCIN ENGINEERING LANDSCAPE ARCHMECAM VACATION OWNERSHIP' LAND FLANPANG UR"N 00" LEGEND SNOW MELTED BY TOWN SNOW MELTED BY WYNDHAM PAGE 181 LEGEND SNOW MELT PLAN LANDSCAPE INSTALLA- TION BY WYNDHAM OR TOWN OF AVON LEGEND INSTALLED & MAINTAINED BY WYNDHAM INSTALLED & MAINTAINED BY TOWN -- 7-A r PLANT LIST QUANTITY SYM COWAW BOTANICAL NAME SIZE COMMENTS QUANTITY SYM GOMNIK)OV BGITANICAL NAME SIZE CCMMNTS DECIDUOUS TREE 488 x 4 -192 Lwdgcam Lkft PERENNIALS t0 GM GRIMM MaPle 54 Si- gllalflr 35 SMH =1-*1MMix 1 g Swifeft aw Acerg+naala 4Am�vsm use Cun�nel 30 MSA Cvr�klrg ASW 3, cel. SI-- gLWHy 36 G LY Goldsn Y@Ww Yangw 1 gel. Spec+man Qaalitk i'aQli�i3 lrairkjkm,s 1AulG-vorh use Achiks'Cix"ian Gold- Canlelner 35 RYW Red Yamm 1 gel. Spearnen quality E� EPoC[REEM TREE 18 x & -14+1 Lal Unft AchiAea mik krllum a CBS C0kWado-BlUeSpnrce 14' Speamengilality 35 PCF Porp4#ccm*4WBr Igal, Sl�eur -guam PieeaP++11 � BiLB EeNckweapurpuma An9enrler SHRUBS 8 ORNAMENTALGRASSES 190%1 MGmIllaidia Ly Umils 35 DEF Dwrarl Wankel Fkfewer i ow, gyly44;ra.r1 $1Y x glen lkx°m • G:4r rw 21 ALC DvaO Arlic Ek* Mow 5 flak, Spearren qumllly 35 GYP Gi11� Wffhgr I Gal. r inkan waiv Salix guipure 'Na Carrlan.r Lamas spisata C4M 47 BBD Dwarf Akitlm EveerymusAdatus'Ccx1 1a` 594. SPeamen queliNr Carrlaarer 35 ALP ne Pa poppy 1 ow. f17eaquamv P4paw0 ,ti>lpinum Conlaaae� 32 SPL I3a41G112utt9pS +red., §9W. S0io�rlir+gA* 35 PEN Penswmn Firearacksr 1 g®l. Spaaman�q�lally S, Japeraca larrFe' Cam%nar Pensleman aelam CisrxeiaraEvr 38 RSM Madilau rJ Shnib Ros. w6 SOS]. Spscimaa cFaet ty 35 kiiSSM j" 1 pal, Specirneil g raLlry aea: TAlpekNje' Crxilainert 8.11. -.morose Conlaner 52 PSG Potallwb 509 Spat nm gW*Iy P- huikacsa I"im Drop NOW 47 GSA Blw Avww Grass I go Spec>inen W -my Plar4 Upigrigi sgeej.s used share w wo frgm ft Pr.�Apprgmd PLwtini p H9ImRWw. rnil sarnprwvretu I:ar tauter far Agan Public Rght of W3y Liss. [Dated 10.23-07,) Aft i'FIR Fealher Reed GMS .. - - _ i QA �pt�»yn QL�slri!' LANDSCAPE MOTES., 1. ALL LANDSCAPE AREAS AND PLANT MATERIA& WII WITH A, RAIN SENSOR. 2. ALL TREES AND SHRUB EER LOCATRY4S ARE TO 0 LANDSCAPE ARCHITECT PRIOR TO INSTALLATION, 3. ALL PLAWr MATERIALS ARE TO BE APPOOVEDBY' ANY PLANT NOT MEETING THE LANDSCAPE ARCHI PRIOR TO FINAL ACCEPTANCE. 4. ALL IRRIGATED LANDSCAPE AREAS SHALL RECEN COmP06T AT 4 C.Y. a iom S.F., 0OWERCIAL FER AT 10 LBS.+ 140 S,F. TILLED TO A DEPTH OF s. ALL SHRUB BEDS AND DRY ZONES ARE TO BE WK AMINIMUM DEPTH Of4'OVERFILTER FABRIC. S. THE CONTRACTQR SHALL BE RESPONSIBLE FOR I AND GUTTER. WALLS. OR WALKWAYS AND OTHFR WORK_ THE REPAIR OF SUCH DAMAGE WILL BE Al 7. THE CONTRACTOR SHALL FINE GRADE ALL AREAS REQUIRED DEPTH OF SOL ALONG WALKWAYS TO E. THE CONTRACTOR SHALL MAINTAIN PCSIITIVE OR! ALL FINE GRADING kWT BE APPROVED BY THE Li 9. THE CONTRArCTDR MUST USE THE ARGHITECTURI LANDSCAPE PLANS. ANY DJWREPANCY IN DESW LANDSCAPE ARCHITECT IMMEDIATELY. ANIS PAKX 10. LAN06CAPE CONTRACTOR TO PROVIDE ADEQLJAT ELECTRICAL APPLIANCES AND UTILITY IN#STALLATI 11. REFER TO CIVIL SHEETS FOR SPOT ELEVATIONS, f ARCHITECTURE URBAN DESIGN MD[�g WYNDHA IPAGE 19 LANDSCAPE INSTALLATION INTERIOR DESIGN 'VACATION OWNERSHIP'Mourislfc f'fe11r1inB Groupn+�uze.'r�.liraiaosc:a.:Eae?CHfiICtlpkE ENGINEERING LAND PLANP94G 4E&+N 00" EXTERIOR LIGHTING LEGEND O S1 - BOLLARD Cl - - - .-T.---T- G �r -�. -'r Lu b ®S1 3-0" a S2 - STEP LIGHT _ s 3 S3 - WALL SCONCE �I NOTE: REFER TO 11X17 BOOK FOR LIGHTING CUT -SHEETS LJ l �$pS3 3'-O" A.F.F. S3 3'-0" A.F.F. Q S2 1'-6" A.F.F. S1 3'-0" ARCHITECTURE URBAN DESIGN ❑ S3 T-0" A.F — — ENGINEERING o S3 T-0" A.F.F. 1-: S3 T-0" A.F.F. l �$pS3 3'-O" A.F.F. S3 3'-0" A.F.F. Q S2 1'-6" A.F.F. S1 3'-0" L S3 7'-I M10 ---WYNDHAM LANDSC:A-E AFrAOSCIM VACATION OWNERSHIP' LAND PLANNING 4N PAGE 20 I LIGHTING PLAN ARCHITECTURE URBAN DESIGN INTERIOR DESIGN Mourielfo Planning Group MARCIN ENGINEERING L S3 7'-I M10 ---WYNDHAM LANDSC:A-E AFrAOSCIM VACATION OWNERSHIP' LAND PLANNING 4N PAGE 20 I LIGHTING PLAN S1 - BOLLARD Our Purpose Is To Enrich Outdoor Spaces S2 - STEP LIGHT Annapolis" Bollard Specifications Annapolis bollards are constructed of structural grade steel for exceptional strength, with cast aluminum top and spun aluminum base ring. Standard Bollard: Available in 6" and 12" diameter, with or without low -voltage lighting. A protective polyethylene sleeve is available in black or silver. Both sizes are designed to be securely embedded in concrete. For additional site flexibility, the 6" diameter is offered in a removable style; slides into supplied, embedded, galvanized steel socket. A keyed lock secures the bollard when in the socket. Upon removal, a cover plate fits flush with the surface; secured with a chain. Cover plate/ chain stores within the bollard base when the bollard is in the socket. All 6" styles, including 6" removable bollard may be fitted with the Smart bollard top to provide solar powered lighting. Smart Bollard: Available in 6" diameter, may be specified with embedded or removable bollard style. The solar panel, which is encapsulated in patented domed polycarbonate housing, collects energy from the sun and converts it to electrical current. Energy is stored in a sealed lead -acid rechargeable battery that delivers extremely reliable power output over a long period of time. The microprocessor technology automatically turns lights on at dusk, off at dawn. It casts directional light above ground with 360 SUL�II degree visibility and a range exceeding one mile. For more detailed ,Er NLo�o'LI specifications, refer to Annapolis Smart Bollard Technical Sheet. Security Bollard: Available in 6" and 12" diameter. 6" dia. security bollard may be specified with Smart solar -powered LED light. Security bollard is designed to be permanently embedded with a reinforced footing and internal concrete/ steel reinforcement. Landscape Forms can provide project specific assess- ment of the ability of the Annapolis Security Bollard to deter vans, pick-ups and SUVs using criteria supplied by the customer. For more detailed specifications, refer to Annapolis Smart Bollard Technical Sheet. Contact your Landscape Forms sales representative to discuss specific project criteria and request customized FEA analysis. We believe in the power of design and its ability to influence and elevate the quality of public space. High quality products and outstanding customer experience makes us one of the world's premier designers and manufacturers of outdoor commercial furnishings. I I I I I I I 6" 12" 6'• 6" x 33" 12" x 33" dia. x h removable protective lighted bollard sleeve bollard top Finishes Metal is finished with Landscape Forms' proprietary Pangard II polyester powdercoat, a hard yet flexible finish that resists rusting, chipping, peeling and fading. Call for standard color chart. To Specify Choose 6" or 12" diameter embedded style, or 6" removable style. Specify black or silver protective polyethylene sleeve or without sleeve. Specify with or without lighting based on the following guidelines 6" embedded and surface mount, available with hard wired or solar powered lighting; 6" removable only offered with solar lighting; 12" embedded only offered with hard wired lighting, landscapeforms.com Visit our website for product details, pricing, color charts, technical sheets, sales office locations. Download JPG images, brochure PDF, CAD details, CSI specifications, and assembly instructions. Annapolis Smart Bollard is protected by U.S. Patent Nos. D6,573,659; D6,013,985 Specifications are subject to change without notice. Annapolis is designed by Brian Kane, IDSA Annapolis Bollard is manufactured in U.S.A. Landscape Forms supports the LAF at the Second Century level. 02010 Landscape Forms, Inc. Printed in U.S.A. Product data Fix Step Marker HWP100 PL-C/2P18W IN GR HWP100 - MASTER PL -C 2 Pin - 18 W The new outdoor EFix decorative range is ideally suited to asymmetrical wall lighting, step lighting and marking as well as creating grazing lighting effects. The family design means the luminaires can be combined to cover a wide variety of applications. The EFix Step marker offers a variety of five different front finishes. The EFix Step light is available with both fluorescent and HID light sources.The EFix Grazer light produces a powerful uni- or bi-directional light distribution that will enhance the architecture with a narrow or wide beam. • General information Full product name HWP100 PL-C/2P18W IN GR Product family code HWP100 [HWP100] Iand scape for ms® Number of lamps 1 [1 pc] Pieces per pack 1 Lamp family code PL-C/2P [MASTER PL -C 2 Pin] Packs per outerbox 10 Bar code on pack - 8711559807485 800.521.2546 269.381.3455 fax 18 W [18 W] EAN1 Votal is the worlds most recycled material and is fully recyclable Consult our websto far recycled content for this 431 Lawndale Avenue, Kalamazoo, MI 49048 CONY [Conventional] product. Powdercoat finish on metal parts contains no heavy metals, is HAPS-free and has extremely low VOCs, landscapeforms.com IP54 [Dust accumulation -protected, r ARCHITECTURE URBAN DESIGN splash -proof) Net weight per piece 1.500 kg �! GR [Grey] * 1 �/ • Product Data IP54 Order code 910502828718 Full product code 910502828718 PHILIPS LI INTERIOR DESIGN Mouriello Planning Group AUMCIN I.ANasc_a. APCHmll VACATION OWNERSHIP ENGINEERING LAND PLANMJG 4R"N Product data Fix Step Marker HWP100 PL-C/2P18W IN GR HWP100 - MASTER PL -C 2 Pin - 18 W The new outdoor EFix decorative range is ideally suited to asymmetrical wall lighting, step lighting and marking as well as creating grazing lighting effects. The family design means the luminaires can be combined to cover a wide variety of applications. The EFix Step marker offers a variety of five different front finishes. The EFix Step light is available with both fluorescent and HID light sources.The EFix Grazer light produces a powerful uni- or bi-directional light distribution that will enhance the architecture with a narrow or wide beam. • General information Full product name HWP100 PL-C/2P18W IN GR Product family code HWP100 [HWP100] Order product name HWP100 PL-C/2P18W IN GR Number of lamps 1 [1 pc] Pieces per pack 1 Lamp family code PL-C/2P [MASTER PL -C 2 Pin] Packs per outerbox 10 Bar code on pack - 8711559807485 Lamp power 18 W [18 W] EAN1 Compensation circuit IN [Inductive] Bar code on 8711559807614 Gear CONY [Conventional] outerbox - EAN3 Safety class I [Safety class 1] Logistic code(s) - 910502828718 IP code IP54 [Dust accumulation -protected, 12NC splash -proof) Net weight per piece 1.500 kg Color GR [Grey] • Product Data IP54 Order code 910502828718 Full product code 910502828718 PHILIPS PAGE 21 I LIGHTING CUT SHEETS Dimensional drawing 14 244x76 97 c��ooc N 248 116 244 �,97� HWP100 14 24406 97 �ooOa�c rV� O O au 248 116 ^1 + 244 97 HWP100 WORE ARCHITECTURE URBAN DESIGN INTERIOR DESIGN IUV I Zei Mauricllo planning Group 17 � Imio MARCI1� LANpSi.A-E AFC=HMECAM ENGINEERING LAND PLANh44G 4N I WYNDHALM VACATION OWNERSHIP' S3 -SCONCE outdoor uptown large outdoor DESCRIPTION Vertical metal slats with a metal base. Includes (1) replaceable 9.6 watt 2700K LED module. 120v. WEIGHT 8.241b / 3.74kg ± ORDERING INFORMATION type model finish lamp wet location LW LED 641 BL black LED LED Module 9.6w 120v W wet location BZ bronze SI silver FIXTURE TYPE: JOB NAME: NOTES: PAGE 22 I 7400 Linder Avenue Skokie, Illinois 60077 T 847.626.6300 F 847.626.6350 www.lbilighting.com r.£ ©2012 LBL Lighting. All Rights Reserved. The "LBL Lighting' graphic is a tT registered trademark of 1-61- Lighting. LBL Lighting reserves the right to \\\\ change specifications for product improvements without notification. LIGHTING CUT SHEETS D STEP LIGHT LOCATION ❑SCONCE LIGHT LOCATION ALIGN o TYPICAL BALCONY ELEVATION - STEP LIGHT LOCATION � I ARCHITECTURE �' URBAN DESIGN N D 23 HAM PAGE INTERIOR DESIGN Maueicllo Planning Group iariRn7NA;L=HfiMip$M yq.CpXICN OWNERSHIP, ENGINEERING V,ti6 rL EAST ELEVATION SOUTH ELEVATION LIGHTING ELEVATIONS I Fr;FNn D STEP LIGHT LOCATION ❑SCONCE LIGHT LOCATION WEST ELEVATION ARCHITECTURE r �I URBAN DESIGN� I Vu P E W N D HAM PAGE 241 INTERIOR DESIGN M€uricllo PlonrtingGroup MaRCIN P LLANDSCAPE". H�� VACATION OWNERSHIP, ENGINEERING LAND PLANPANG. 4H NORTH ELEVATION LIGHTING ELEVATIONS SECTION 02 r O �... - 2.0 SECTION 02 OZ ARCHITECTURE Preliminary Code Study - Wyndham Vacation Resort, Avon The following codes apply: 2009 International Building Code 2009 International Energy Conservation Code 2009 International Plumbing Code 2009 International Mechanical Code 2011 National Electrical Code 2011 Avon Amendments to the 2009 International Title 15 Codes Building Information Building Type: IA (concrete podium) & VA above - fully sprinklered Allowable area: 274,028 GSF Proposed Area: 111,969 GSF Allowable Height: IA unlimited, VA 4 stories or 70' Proposed Height: 2 + 4 stories, 47' to top floor Use and Occupancy Classification Primary Occupancy: R-2 Parking: S-2 Incidental Accessory Use Area: Mech / Storage Separated Uses: R-2 to S-2 = 3 hr Type of Construction/Fire-Resistive Requirements M10 LANDSC.A-E AFCHMECAM LAND PLANMJG 4H WYNDHALM VACATION OWNERSHIP' PAGE 25 1 PRELIMINARY CODE STUDIES Building Elements: S-2(IA). R-2(VA) A. Structural Frame 3hr. 1 hr B. Bearing Walls - Exterior 3hr. 1 hr C. Bearing Walls - Interior. 3hr. Ohr D. Non-bearing Walls - Ext. Ohr. Ohr E. Non-bearing Walls - Int. Ohr. Ohr F. Floor Construction. 2hr. 1 hr G. Roof Construction. 3hr. 1 hr ARCHITECTURE URBAN DESIGN I INTERIOR DESIGN Mi79JFlcllo PliG F7 fliTl g Group 1fLt11S41N ENGINEERING M10 LANDSC.A-E AFCHMECAM LAND PLANMJG 4H WYNDHALM VACATION OWNERSHIP' PAGE 25 1 PRELIMINARY CODE STUDIES LOT 61-WYNDHAM AVON PROPOSED BUILDING STATISTICS OZ ARCHITECTURE DATE: August 31, 2012 Circulation/Elevators/Stairs o TYPICAL GUESTROOMS 1 BR - A o z z z z z 10 1033 10330 1 BR - B o 1 1 1 1 1 5 1079 5395 1 BR - C o 1 0 0 0 0 1 778 778 z BR - A o 1 3 3 3 3 13 1463 19019 z BR - B o o z z z z 8 1450 11600 z BR - C o o z z z z 8 1363 10904 2 BR - D o 0 1 1 1 1 4 1457 5828 z BR - E o 1 0 0 0 0 1 1248 1248 3BR - A o 0 1 1 1 1 4 1866 7464 3 BR - B o 0 1 1 1 1 4 1973 7892 UNIT SUBTOTAL o 61 131 131 13 13 58 GUESTROOM - S.F. TOTAL o 6634 18456 18456 18456 18456 80458 80,458 UNIT BREAKDOWN 01 61 13 13 i3 13 58 TOTAL UNITS 58 GUESTROOM S.F. (GROSS) ol 66341 184561 184S61 184S61 184561 80,458 FLOOR S.F. (GROSS) 55451 190031 2o6i8l 2o6j.81 2o6i8l 2o6i8l 107,010 BED COUNTS Queen King Total Beds Beds Units Units Units Units Untis Units Total Beds 1BR-A 1 1 2 2 2 2 2 10 20 1BR-B 1 1 1 1 1 1 1 5 10 1BR-D 1 1 1 0 0 0 0 1 2 zBR-A 3 1 1 3 3 3 3 13 52 2BR-B 3 1 o z z z z 8 32 zBR - C 3 1 o z z 2 z 8 32 zBR-D 3 1 0 1 1 1 1 4 16 zBR - E 3 1 1 0 0 0 0 1 4 3BR-A 2 2 0 1 1 1 1 4 16 3BIR -B z 1 z 1 1 01 11 11 11 11 4 16 TOTAL BED COUNTS 134 166 16 46 46 46 46 zoo zoo Commercial Space Total Tenant Retail 0 791 0 0 0 0 791 S.F. TOTAL o 791 0 0 0 0 77 791 Hotel Function Commercial Space Fitness o 515 0 0 0 0 515 Ski Storage o 557 0 0 0 0 557 Indoor Whirlpool 0 1250 0 0 0 0 1250 Administrative Offices o 971 0 0 0 0 971 Owner's Lounge o 1115 0 0 0 0 1115 Game Room o 422 0 0 0 0 422 Sales Office o 650 0 0 0 0 65o Lobby o 1500 0 0 0 0 1500 Luggage o 169 0 0 0 0 169 ARCHITECTURE r rr r o j� URBAN DESIGN I 1 * W 1 �Ji" N D HA INTERIOR DESIGN Mouriello PIannin9 Group AL RCIDIT �. .. .,,:artrena6 VACATION OWNERSHIP' ENGINEERING LAND PLA MNG 4R%AN LOT 61-WYNDHAM AVON PROPOSED BUILDING STATISTICS OZ ARCHITECTURE DATE: August 31, 2012 Circulation/Elevators/Stairs o 3321 1756 1756 1756 1756 10345 Baths/Trash/Chute o 917 0 0 0 0 917 Housekeeping 0 150 340 340 340 340 1510 Mech./Support/Storage/House 5545 41 66 66 66 66 585o S.F. TOTAL SS451 IIS781 21621 21621 21621 21621 25771 Building Summary Gross Floor Area 5545 19003 2o6i8 2o6i8 2o618 20618 107020 Guestrooms o 6634 18456 18456 18456 18456 80458 Commercial Space o 791 0 0 0 0 791 Hotel Function Commercial Space 5545 11578 2162 2162 2162 2162 25771 Parking 26494 z6494 Parking Stalls 54 0 0 0 0 0 1 54 PAGE 26 I BUILDING STATISTICS JS40*l,, F-1 CIRCULATION F-1 BACK OF HOUSE 171 MECH. / ELEC. TOTAL PARKING SPACES: 54 i ARCHITECTURE/" URBAN DESIGN �'j /� } i 1 N D HA I � PAGE 2 7 INTERIOR DESIGN U � VACATION OWNERSHIP' l454uFiollc Planning Group 1firi.Rl�1111 L&NGP5Cs4PE�F.C'Hlfitfi�fipk� ENGINEERING LAND PLANPANG. 4H PARKING PLAN i Prpmn RESIDENTIAL FRONT OF HOUS GUEST AMENITY COMMERCIAL LOBBY / CIRCULATION BACK OF HOUSE ARCHITECTURE URBAN DESIGN fj INTERIOR DESIGN Mourielfo Plannin6 Group AL&R .'IN LANDR.'AFE AFCHffGVM ENGINEERING LAND PLANMJG 4R"N WYNDHAM VACATION OWNERSHIP' PAGE 28 I LEVEL 1 PLAN LEGEND 1:1 RESIDENTIAL F-1 CIRCULATION 1-1 BACK OF HOUSE 1-1 MECH. / ELEC. / 0' 20' 40' 80' ARCHITECTURE l r `I/" �'j /� URBAN DESIGN� I Zei � I I1 l 1 4+ �/' 29 INTERIOR DESIGN J L VACATION OWNERSHIP' PAGE Mourielfc Pfco�ning Group �.!°LA`t'TN .;:��K ENGINEERMG U ND PL.iNUNG UR%AN LEVEL 2 PLAN i �c�nin ❑ RESIDENTIAL ❑ CIRCULATION ❑ BACK OF HOUSE ❑ MECH. / ELEC. rr I OF I / 0' 20' 40' 80' ARCHITECTURE I f l `[ V ` kI URBAN DESIGN� I P U C 1 I I1 I1 N DHAM PAGE 30 INTERIOR DESIGN M€ uricllo PlonrtingGroup MaRCIN P LUUUU���SU���EU IH�� VACATION OWNERSHIP' ENGINEERING LAND PLANPANG. 4H LEVEL 3 PLAN LEGEND 1:1 RESIDENTIAL F-1 CIRCULATION 1-1 BACK OF HOUSE 1-1 MECH. / ELEC. ARCHITECTURE URBAN DESIGN INTERIOR DESIGN mmm Mouriello Planning Group AMRCINLANDR.'AFE ARCHIMILTURE ENGINEERING LAND PLANMJG 4R"N VACATION OWNERSHIP - / 0' 20' 40' 80' PAGE 31 I I EcEnin ❑ RESIDENTIAL ❑ CIRCULATION F-1 BACK OF HOUSE F-1 MECH. / ELEC. ARCHITECTURE URBAN DESIGN INTERIOR DESIGN mmm Mouriello Planning Group AMRCINLANDR.'A.FE ARCHIMILTURE ENGINEERING LAND PLANMJG 4R"N LA / 0' 20' 40' 80' WYNDHAM - PAGE 32 VACATION OWNERSHIP- I LEVEL 5 PLAN ARCHITECTURE URBAN DESIGN f INTERIOR DESIGN Mouriello Planning Group nMRc.'IN LANDR.'AFE ARCHIMILTIARE ENGINEERING LAND PLANMJG 4R"N WYNDHAM - PAGE 33 VACATION OWNERSHIP- I '• 1 1 41 :1 ROOF PLAN ARCHITECTURE URBAN DESIGN � � 'YN DH 341 VALET PARKING INTERIOR DESIGN M€uricllo PlonrtingGroup h RCIN LANDSCAPEARCHMECApk� VACATION OWNERSHIP'PAG E ENGINEERING LAND PLANPANG.. 4R"N BYLIN RIM OR VALLEY PANEL GUTTER WITH BYLIN RIM SNOW FENCE 1 ARCHITECTURE I r �I URBAN DESIGN� I P E N CAH PAGE 35 INTERIOR DESIGN M€ uricllo PlonrtingGroup MaRCIN P LUUU���SU���E�J 1H�� VACATION OWNERSHIP' ENGINEERING LAND PLANPANG. 4H SNOW CONTROL PLAN M x m 70 O 3.0 SECTION 03 0 Eels w1a �ft -7-40 ,4 jiA 7410, ftla "Jawwww- Nit Fr ;`jW on soon Owl In pied IiA fi �ft -7-40 ,4 jiA 7410, ftla "Jawwww- Nit Fr ;`jW on soon Owl pied fi I w VNI f - r r s : _ .may ��'-5, �?,*. �� _ �. d' - I � �� t ,�^* , �. • �'°-. a_ 1pA -a i � TOM All +t _ r.:•.' _ J3 IIS - .7 q is , Ko_ .•ts € � fir. • _ #:.'. Illlii� oaf n a INAN v - �``.+�#► ,. ,-, 79* St Iq �Sr Ir ,mss.: ��' f °► _ � I III," e M VI MEOW , a - y � � X74_ I: •GT -� _��_ + . _ ' WVI IIIiI�IIILI'1611 VVrnunnM ,aGE 37 I LETTUCE SHED LP �p k Epp--- -pp- so f 1f 4114: � _� `� l • a _ JV Al b ry -,Tw r — y M10---WYNDHAM PAGE 401LAIVI75C:A.: E A9.i_HII�CTiiREVACATION OWNERSHIP' LAND PL+vNMJG 4N e ENTRANCE VIEW ARCHITECTURE URBAN DESIGN INTERIOR DESIGN Mourielfc Pfcnnin6 Group n+Auzc.'rN ENGINEERING M10---WYNDHAM PAGE 401LAIVI75C:A.: E A9.i_HII�CTiiREVACATION OWNERSHIP' LAND PL+vNMJG 4N e ENTRANCE VIEW 31ti sp All .- _17 46 Y, IL I 1-7 Mb'rAJ&L.. bit- t - tow oil NOT AIM 4r low - III WMI WME ARCHITECTURE URBAN DESIGN INTERIOR DESIGN -ALL M10 LANDSC:AFE ARCHIMILTiiRE LAND PLA..NMJG 4R%AN VACATION OWNERSHIP' PAGE 42I LETTUCE SHED LANE Mourielfo Planning Group MARCIN ENGINEERING M10 LANDSC:AFE ARCHIMILTiiRE LAND PLA..NMJG 4R%AN VACATION OWNERSHIP' PAGE 42I LETTUCE SHED LANE i r ..-� ,yyam_ Ilf r x-- � i 44 V;r RUSTIC. '' TU RAL _ ■e F20 .N • a 116 Pi —add c mr- .° 4 I � rd' a r, 'r l �. I �4 MODERN 40. to - _ I - - al t ► ONO A. — i' e — � ' I w I 4r -IF_ i.. r y 441 aE �i WYNDHAM AGF I1�7�T 1:YTC:Q1nQ LAldl]Si:.4-E AFC=HIfi4Cilpk� VACATION OWNERSHIP' or,[:Qv JNG LAND PLKNMJG 4H 441 AGF 1:YTC:Q1nQ inn or,[:Qv - - - - - - - - _ _ - - ■� wf - ,EII �� �� rim ��- �® �� j 114' - LE EXISTING GRADEPROPOSED GRADE ----—-----—--------- 10 MID LANQSCAFE ARCHMECflM LAND PLANNING. 4H l'YNDH M PAGE 45 VACATION OWNERSHIP' NORTH ELEVATION ARCHITECTURE URBAN DESIGN INTERIOR DESIGN M€ uricllo PlonrtingGroup MARCIN ENGINEERING MID LANQSCAFE ARCHMECflM LAND PLANNING. 4H l'YNDH M PAGE 45 VACATION OWNERSHIP' NORTH ELEVATION 111 H H I L. II �IMEN IIoil 1 i ii -,NE-SE ,NE- _ MRNE � NENE_ _ i � all I 1 ■ ■ ONE --- s mmsm - MINE MINE q Now W lij 1 li LE mom 9c, jr�l 1� �1� 1 �� " �rt H I11 in I a 11 i in H WMAN Ml NEW li ism ii ME MEE Now W lij 1 li LE mom 11 lllg.i ME ME ME mam EmmSimam MAX BUILDING HEIGHT = 80'- 0" MMM- PRIMARY RIDGE LINE _ - ®_ _ - 0 172,_4„ it t■ � T IIH inI M10 ---WYNDHAM LANDSC'AF!, ARCHRMCT l6 VACATION OWNERSHIP' LAND PLANP94G 4R%AN PAGE 481 126- EXISTINGGRADE LE - PROPOSED GRADE 1 USGS= PARKING WEST ELEVATION ARCHITECTURE URBAN DESIGN INTERIOR DESIGN Maurielfc Pfcnning Grain MARCtN ENGINEERING M10 ---WYNDHAM LANDSC'AF!, ARCHRMCT l6 VACATION OWNERSHIP' LAND PLANP94G 4R%AN PAGE 481 126- EXISTINGGRADE LE - PROPOSED GRADE 1 USGS= PARKING WEST ELEVATION io - ji kO SLIM • ' • • ,a ��'` y Mff IRA At 4 i • F,; p-�- IR���_. ��M _X `��. r �_ lasso LIL`7 E5 Awi w • w�o�r :ertainTeed Weather Boan leather 6 i 4.0 SECTION 04 %10 ILIW� ARCHITECTURE _ URBAN DESII ;Lei GN� I L L �I INTERIOR DESIGN Mourielfo Planning Group MARCIN LANIACAFE AM�HMECfl* ENGINEERING LAND PiANP94G. UR"N 85 POINT I ELEV. I HEIGHT A 7523'-10" 75' - 10" B 7527'- 2 1/2" 79'- 2 1/2" C 7527'- 4" 781-411 D 7527'- 4" 771-411 E 7527'- 4" 761-411 F 7527'- 4" 751-411 WVNDHAM PAGE 50 NORTH HEIGHT ANALYSIS POINT I ELEV, A 7523'- 6 7527'- C 7527'- D 7527'- E 7527'- F 7527'- ARCHITECTURE ri f I r( I f URBAN DESIGN l! f .5 J I' j�NDHAM PAGE 51 INTERIOR DESIGN el � � Mourielfo Planning Group bURCIN llllANDSCCAPEIIIVVV I H�� �rgOpXIC}N tyV1fNEF�SHIP' ENGINEERING LAND PLANP94G. UR"N EAST HEIGHT ANALYSIS POINT A B C D E F ARCHITECTURE URBAN DESIGN� I Vu WYNDHAM PAGE 52 SOUTH HEIGHT A INTERIOR DESIGN Maueicllo Planning Group MaLRG`IN LAwaScAPE,,,FrHmM VACATION OWNERSHIP' ENGINEERING LAND FLANPANG. 4N POINT ELEV. HEIGHT A 7523'-10" 75'- 10" B 7527'- 2 1/2" 79'- 2 1/2" C 7527'- 4" 781-411 D 7527'- 4" 771- 4" E 7527'- 4" 761- 4" ARCHITECTURE - URBAN DESIGN� I L f LI INTERIOR DESIGN I ;Lei L I Mourielfcs Planning Group NLARG`IN LAHcrScAFE+,sCHMECA*� ENGINEERING LAND PiANP94G. UR"N WYNDHAM PAGE 53 VACATION OWNERSHIP' I LEVEL 1__; 100' - 0" SGS = 7455'-0 JNG LEV 851- WEST 5'- WEST HEIGHT ANALYSIS w1vii; � - smilm ILII ft 7At� 77 VA IIIIIIII --- II a � � � III � '� �N': �kw it C mis WWI mm i P _ATTIC 158'-O% LEVEL 55 147'-0" LEVEL33 125-0" LEVEL 2 0 114'- 0' ? I LEVEL 1 100'-0" - RETAIL 118 64WIMORM jj[L�q WYNDHAM VACATION OWNERSHIP, UND PLANMNG 4R"N OVACN PAGE 55 1 ATTIC 158' - 0" LEVEL 5 147'-0 LEVEL 4 136'-0" LEVEL 3 125'-0" LEVEL —& 114'-0" LEVEL 10 100' - 1 ING LEVEL SECTION B 85' C ..� is F f� " _I A WALL SECTIONS / BUILDING STEP DIAGRAMS ARCHITECTURE URBAN DESIGN INTERIOR DESIGN M€ uricllo PlonrtingGroup MARCIN ENGINEERING 64WIMORM jj[L�q WYNDHAM VACATION OWNERSHIP, UND PLANMNG 4R"N OVACN PAGE 55 1 ATTIC 158' - 0" LEVEL 5 147'-0 LEVEL 4 136'-0" LEVEL 3 125'-0" LEVEL —& 114'-0" LEVEL 10 100' - 1 ING LEVEL SECTION B 85' C ..� is F f� " _I A WALL SECTIONS / BUILDING STEP DIAGRAMS ATTIC 158'-0" LEVEL 5 147'- 0" LEVEL 4 136'- 0" LEVEL 3 125'-0" LEVE 114'-0" LEVEL 11 1001-01, SECTION C M pjpj --WYNDHAM PAGE 56 VACATION OWNERSHIP' I LAHC�$CA�PE ACHrti�7�KzE LAND FLANN.NG MAN OeWA ATTIC 158'-0" LEVEL 5 147'-0" LEVE 136'-0" LEVELO3 125'-0" LEVEL 2 .. 114'-0" SECTION D N WALL SECTIONS / BUILDING STEP DIAGRAMS ARCHITECTURE URBAN DESIGN '�' � INTERIOR DESIGN Mauricllo Plonrtinsg Group MaRCIN ENGINEERING ATTIC 158'-0" LEVEL 5 147'- 0" LEVEL 4 136'- 0" LEVEL 3 125'-0" LEVE 114'-0" LEVEL 11 1001-01, SECTION C M pjpj --WYNDHAM PAGE 56 VACATION OWNERSHIP' I LAHC�$CA�PE ACHrti�7�KzE LAND FLANN.NG MAN OeWA ATTIC 158'-0" LEVEL 5 147'-0" LEVE 136'-0" LEVELO3 125'-0" LEVEL 2 .. 114'-0" SECTION D N WALL SECTIONS / BUILDING STEP DIAGRAMS SECTION E V5 158' - 0" LEVEL 5 147'-O" LEVEL 4 0 136'- 0" LEVELEL 3 125' - 0" LEVELEL2 114'-0" LEVE1 10;'--,O' I SECTION F ARCHITECTURE URBAN DESIGN A ■NDHAPAGE 57 M�[�g WALL SECTIONS INTERIOR DESIGN Mourielfc Pfconing Graup ILF:AEHI� VACATION OWNERSHIP' ENGINEEWNG hNDL*MNNG UK" BUILDING STEP DIAGRAM S/ ARCHITECTURE /" �j u URBAN DESIGN I L �I 1 N D 1 1 AM INTERIOR DESIGN M€ uricllo PlonrtingGroup M , aRCIN a LANDSCAPE IR HmECAM VACATION OWNERSHIP' ENGINEERING LAND PLANPANG. 4R"N LEVELS 114'-0" LEVELS 100' - 0" ING LEVE 85' - 0" >«E58 1 ENTRANCE CLEARANCE SECTION 05 5.0 SHADOW ANALYSIS Using 3D modeling software a surface was created which incor- porates existing and proposed grades on the Avon Wyndham site. The building was modeled and major site elements were created to enhance the accuracy of the study. Using the location of Avon, Colorado the sun was positioned at 9:00 am, 12:00 pm, and 3:00 pm on the two solstices and equinoxes of the year; the 21 st of March, June, September, and December. On the solstice the sun is at its most extreme high or low position in the sky giving the minimum and maxi- mum distance of shadow throw, whereas the equinox is a good middle ground between the two ex- tremes and provides a good "aver- age" shadow depiction. ARCHITECTURE URBAN DESIGN Vu INTERIOR DESIGN Mourielfc Planning Grauer MARCIN ENGINEERING 111 I � h s is :AE: ACHMECW LAND PLANNiyG 4R"N 9:00 AM MARCH 21 12:00 PM MARCH 21 3:OOPM MARCH 21 WYNDH M VACATION OWNERSHIP' PAGE 59 1 9:00 AM JUNE 21 12:00 PM JUNE 21 ' Mao 2d 3:00 PM _- JUNE 21 r MARCH 21/JUNE 21 2 WORE ARCHITECTURE URBAN DESIGN Vu INTERIOR DESIGN Mauricllo Flanrting Group MARCIN ENGINEERING 9:00 AM SEPTEMBER 21 12:00 PM SEPTEMBER 21 3:OOPM SEPTEMBER 21 ---_WYNDHAM VACATION OWNERSHIP' LhIND PLA MNG uml�j� 00*N PAGE 601 9:00 AM DECEMBER 21 7 _ 12:00 PM _41107? DECEMBER 21 r 0 3:00 PM DECEMBER 21 SEPTEMBER 21 /DECEMBER I APPENDIX A N 1 I 10 FTI m 9I:7_ C 0 L 0 R A D 0 October 3, 2012 Dominic Mauriello Mauriello Planning Group PO Box 4777 Eagle, CO 81631 Exhibit B to 12/14/12 Staff Report Post Office Box 975 One Lake Street Avon... a sntoke free continunity Avon, Colorado 81620 Via E-mail: dominic@mpgvail.com (hardcopy to follow) RE: Lot 61 Completeness Review Dominic: 970-748-4000 970-949-9139 Fat Relay recognized www.avon.org This letter is in response to your September 24, 2012 submittal for the Lot 61 Rezoning and development applications (collectively "the Application"). Pursuant to §7.16.020(c)(1), Determination of Completeness, Avon Municipal Code, this letter serves as notification that the Application is incomplete as submitted. Staff will refer the Application to other agencies once the following items are received: • Self-addressed and stamped envelopes. Required for each property owner on the provided "Adjacents" list per Avon Municipal Code submittal requirements. • Topographic Survey. To include wet stamp and signature of licensed surveyor per Sheet by Sheet Plan Set Submittal Checklist. • 3-D Modeling. As discussed during pre -application, this information is required prior to PZC review. • Roof Plan with Existing Topography. The roof plan must show existing topography and proposed contou rs to determine building height per Sheet by Sheet Plan Set Submittal Checklist. • Architectural Elevations. The provided architectural elevations are illegible and incomplete per the Sheet by Sheet Plan Set Submittal Checklist. These sheets must include existing and finished grades, finished elevation of floors, exterior lighting, etc. • Lighting Plan. The provided Lighting Plan is incomplete per the Sheet by Sheet Plan Set Submittal Checklist. This plan must include mounting heights and cut sheets. • Financial Information. The following information related to financials: A complete explanation of the Wyndham Club Access Points system and how it will be applied to members of the Wyndham Club staying at the resort as well as guests. An estimate of the financial impacts (revenues) that will be generated by the resort on an annual basis. • Storm water Management Plan. (scheduling of the first P&Z hearing is not contingent on receipt of the this document per the Town Engineer) • Soils and Geologic Hazard Report. (scheduling of the first P&Z hearing is not contingent on receipt of this document & the geologic hazard report can be combined with the soils report per the Town Engineer) Please let me know if you have any questions concerning this completeness letter. Our goal is to find this application complete as soon as possible and continue the review with initial staff comments and scheduling with the PZC. Regards, - ���-- r att Pielstic , AICP Planner II CC: Project File EAMEA to 12/14/12 Staff Report WYNDHAM VACATION OWNERSHIP` October 10, 2012 Eric Heil, Town Attorney Matt Pielsticker, AICP Town of Avon PO Box 975 Avon, CO 81620 Re: Wyndham, Lot 61 Applications Dear Mr. Heil and Mr. Pielsticker: I am writing to make a formal request that the zoning and land development applications submitted by Wyndham be allowed to proceed through the review and approval process with the understanding that the land area within the Lettuce Shed right-of-way can be considered part of the development site for the purpose of calculating lot coverage and landscape area. As you are aware, our development applications include a variance request from the lot coverage limitation (the project is over the 50% limitation by 1 %) and the minimum landscape area requirement (the project is 9% under the landscape area requirement). We appreciate the cooperation and coordination that has been ongoing with you on this project and are encouraged by you considering the special history involved with this property. Lot 61 is a very unique property. It enjoys having four fronts to the property and while one may see this as a benefit as we do, it also makes the development of this parcel very challenging. One of the more unique aspects is related to the history of the property. In 2004 a PUD was approved on this property. As part of that approval, the owner agreed to allow a 20' easement for the transit center (now developed as 100% hardscape improvements) and the dedication to the Town of a 50' right-of-way for Lettuce Shed Lane (9,722.48 sq. ft. representing 20% of original total site area). Both the easement and the 50' right-of-way survived the expiration of the PUD to the benefit of the Town. So in essence the property already provided an exaction prior to any development of the property. Please refer to the plat below. The proposed Wyndham Vacation Resorts project on Lot 61 respects both the easement and Lettuce Shed Lane and we believe these areas enhance the project and the Town in many ways. EAMEA to 12/14/12 Staff Report Our variance requests recognized these hardships created by these prior exactions but if the Town is willing to recognize that the land area of Lettuce Shed Lane should be included in the land area for the purpose of the lot coverage and landscape area, we can eliminate the need for these applications. If the Town agrees with this interpretation, unique to this property with these special conditions and history, the project will be proposed at 41 % lot coverage and with 21 % landscape area, in compliance with the Town Center zone district. � FlNAL PLAT •RACt C A REPLAT OF LOT 61, BLOCK 2 BENCHMARK AT BEAVER CREEK \ TOWN OF AVON. EAGLE COUNTY. COLOR W 50 ft. right-of-way platted as Benchmark Court TRACI ' I \ F �11V 20 ft. transportation / / easement v AIOlf+ndw MARCIN ENGINEERING LLC nx r roe'"" ►nroe" o v ` ._ ANAL BOO � ba8 CO X69 �� � flfil YiPTIfM .9SYOI FAI We appreciate the opportunity to work with the Town through the review and approval process for this project. Sincerely, Ted Hunter Senior Vice President Development Planning and Construction Wyndham Worldwide Wyndham Worldwide 2 Development Planning and Construction 22 Sylvan Way, Parsippany, NJ 07054 8427 South Park Circle, Orlando FL 32829 Exhibit B to 12/14/12 Staff Report.1 f Post Office Box 975 One Lake Street AVON Avon... a smoke free community Avon, Colorado 81620 970-748-4000 C O L O R A D O 970-949-9139 Fax Relay, recognized www.avon.org October 12, 2012 Dominic Mauriello Mauriello Planning Group PO Box 4777 Eagle, CO 81631 Via E-mail: dominic@mpgvail.com (hardcopy to follow) RE: Initial Staff Comments Dominic: This letter is in response to your September 24, 2012 submittal for the Lot 61 Rezoning and development applications (collectively "the Application"). The Application was found incomplete on October 3, 2012 and documented with a letter from Staff. Please accept the following initial comments: Proiect Narrative Booklet 1. Parking. A fifteen percent (15%) mixed-use reduction is being requested. While the project is technically mixed-use, and the Director may grant this reduction pursuant to §7.28.020(g)(2), Mixed - Use Reduction, there are concerns with the amount of on-site parking and resulting lack of employee parking. To better understand the true parking demand, Staff requests that Wyndam provide a projected employee demand analysis. 2. Section F. Comprehensive Plan. This analysis responds to the district wide design principles. The analysis should also address the Lot 61 priority guidelines. 3. Section 1. Variances. As discussed, Staff recommends that this matter be brought to the Town Council to consider including the 50' Lettuce Shed ROW in the Site Coverage and Landscaping requirements. It is our understanding that this will take place at the October 23, 2012 meeting. 24" x 36" Plan Set • Cover Sheet (T1) o Bar Scale is not accurate and should be removed. • Site Plan (C2) o Heated concrete at vehicular access point extends into the public Right -of -Way. This will require a ROW permit and license agreement if approved. o The proposed 12' heated Lettuce Shed Lane pedestrian connection is substantially less than that envisioned in the West Town Center District Plan. An increased width for this vital pedestrian connection is suggested. o A decorative paver plaza is called out at the North West corner of the building to include public art, bicycle parking, and benches. It would be appropriate to tie this area into the other heated paver areas given the intended nature of this "Public Plaza." • Landscape Plan (1-1.1) o This plan indicates 8,945 sf. (or 24%) of landscape area provided, however, the narrative and variance request specify 4,132 sq. ft. (or 11%) is the proposed landscape area. This must be rectified. o This landscape legend indicates different plant materials, but the plan does not correspond to the legend symbols. This must be rectified. Exhibit B to 12/14/12 Staff Report o The indicated Landscape Units in the Landscape Table does not comply with the code requirements of 1 unit per 50 square feet of landscaped area. o With the exception of Lettuce Shed Lane (Gondola Way), all landscaped areas not on the subject property should not be counted towards landscape units, landscaped area, or irrigated area. Lettuce Shed Lane landscaping will be determined by the Town Council. o There is a request for waiver of on-site snow storage requirements and the request does not indicate if a waiver of the entire requirement or only the portions that are snow melted. The snow storage area(s) must be shown on the Landscape Plan for the areas that are not snow melted. • Lighting Plan (1-1.2) o As explained in previous correspondence, the Lighting Plan is incomplete per the Sheet by Sheet Plan Set Submittal Checklist. This plan must include mounting heights and cut sheets. Lighting for balconies, if any, should also be called out. • Level 2 Floor Plan (A2.2) o The plan sheet indicates the plan is for Levels 2-5, but the title block refers to the sheet as Level 2. This must be rectified. • Roof Plan (A2.6) o The main roof ridge -line lacks modulation. This ridge is indicated as 178'-6" throughout the entire ridge and could conflict with the intent of §7.28.090(d)(3), AMC. Protective features will be required to prevent falling ice and snow from all roofs and a preliminary level of design is required to address this code requirement. General Engineering Comments 1. The operation & maintenance obligations need to be clearly defined in light of the proposed encroachments and landscaping areas. 2. A detailed exhibit describing how the trash truck will maneuver Lettuce Shed lane is required. Will dumpsters be rolled out to the pedestrian sidewalk or to the southern property boundary? 3. The slab will have to be thicker in Lettuce Shed to handle the proposed truck traffic. 4. It is Staff's understanding that the water cash -in -lieu is $1,200 per SFE. Please confirm the amount with the UERWA. 5. Any areas that are disturbed during construction would need to be rebuilt in compliance with the 2012 mall improvement plan. 6. Staff recommends that all of the snow melted areas should connect to the Town's heat recovery system. This option is also available for the building's heat. 7. If the Town Council authorizes Lettuce Shed for lot coverage/landscaping calculation purposes, any improvements in this area should be paid for and installed by Wyndam. Please let us know if you have any questions concerning these comments. Regards, �r Matt Pielsticker, AICP Planner II CC: Project File October 26, 2012 Dominic Mauriello Mauriello Planning Group PO Box 4777 Eagle, CO 81631 Avon... a smoke-free community Via E-mail: dominic@mpgvail.com (hardcopy to follow) RE: Lot 61 Development Process October 23, 2012 Town Council Meeting Dominic: Exhibit B to 12/14/12 Staff Report Post Office Bos 975 One Lake Street Avon, Colorado 81620 970-748-4000 970-949-9139 Fav Relay recognized mvw.avon.org This letter is to follow up to the October 23, 2012 Avon Town Council Meeting. At the meeting the Town Council reviewed Wyndam's request to include Lettuce Shed Lane land area in site coverage and landscaping calculations. The Avon Town Council authorized the request, and gave direction to remove the Variance application. Accordingly, we will commence the formal review process and proceed with the Rezoning, Major Development Plan, and Alternative Equivalent Compliance applications. Please let me know if you have any questions. Regards, Matt Pielsticke , AICP Planner II CC: Project File Exhibit B to 12/14/12 Staff Report a u Lei Mauriello Planning Group October 31, 2012 Matt Pielsticker, AICP Planner II Town of Avon Via Email Re: Response to Town's Initial Comment on Wyndham Project (Lot 61) Dear Matt: Thank you for for your letters of October 3 and October 16, 2012 with regard to the Wyndham project. The response letter addresses the issues from both of these letters. The October 3 letter from the Town addresses the completeness of the application. We offer the following in response: 1. Self-addressed and stamped envelopes These have now been provided to the Town 2. Topographic survey Signed and stamped surveys of the property have been provided to the Town 3. 3-D Modeling This modeling has been included in the revised submittal included with this letter in the form of still -model shots. Additionally, digital display of the model will be provided to the P&Z at the First hearing. A. Roof Plan A roof plan with with topographic conditions portrayed has been provided in the revised submittal. The proposed building complies with the Town Center height limitation. 5. Architectural Elevations Revised architectural elevations have been provided with the revised submittal. 6. Lighting Plan A revised lighting plan has been provided with the revised submittal. 7. Financial Information Wyndham is coordinating with the Town Attorney on these provisions. Issues generating this comment are being discussed as part of the Public Improvement Agreement that will be developed for this project. 8. Stormwater Management Plan A stormwater management plan has been provided with the revised submittal. Exhibit B to 12/14/12 Staff Report 9. Soils and Geologic Hazard Report A soils and geologic hazard report has been provided with the revised submittal. The October 16 letter addresses initial staff comments on the project materials. We offer the following in response: Parking. We believe the parking as proposed is adequate for the use of the building given its location in the core business and lodging district within the Town. The mixed use reduction was utilized since the proposed use "represents a combination of uses listed in Table 7.28-2." That said, the applicant seeking additional information from Wyndham to address this issue and will provide ASAP. 2. Comprehensive Plan, Section F. The submittal has been updated to address this comment related to the site specific recommendations for Lot 61. The West Town Center Plan relied heavily on the previously approved PUD for Lot 61 which as approved allowed for significant building height and a much larger footprint for the building overhanging not only Lettuce Shed Lane but also portions of the Main Street right-of-way. Given the conditions that are now proposed and with so much less impact, we originally did not see a need to address those recommendations. The revised submittal now addresses the site specific policies. 3. Variances Based on the the interpretation of the Town staff and Town Council with regard to the lot coverage and landscape area calculations, the variance requests have been withdrawn. 4. Cover Sheet Revised per comment. 5. Site Plan The applicant included the Lettuce Shed Lane improvements per the proposed project that was to be constructed this year but postponed due to the Town receiving this submittal. The much larger paved area included in the West Town Center Plan was reacting to a building that was proposed to overhang and overwhelm this pedestrian corridor. The width of the path reflects the concentration of pedestrian traffic anticipated in this area. That said, the proposed path has been widened in the revised submittal. In terms of snowmelt, we have provided a document showing the limits of Town heating and project provided heating as currently proposed. In developing the Public Improvement Agreement (PIA) we are happy to discuss potentially using the Town heat source for our private heat subject to understanding 2 Exhibit B to 12/14/12 Staff Report the physical and Financial implications of doing so. We want to fully understand the advantages of the Town's concept in this regard. 6. Landscape Plan We have rectified the calculation of landscape area included in the written submittal and on the plan. The landscape legend has been updated. The plan as proposed complies with the Town's landscape unit requirements. In terms of snow storage, there are no pedestrian or vehicular areas located onsite that are are left without heat as shown on the revised plan and therefore this is no need for snow storage areas within the protect. 7. Lighting Plan A revised lighting plan with cut sheets has been provided. 8. Level 2 Floor Plan The plan has been revised accordingly. 9. Roof Plan We believe the roof plan does provide a sufficient level of interest. The 3-D model will help show this. The plan has been updated to show snow and ice management. Engineering Comments: 1. Operation and Maintenance Obligations The PIA will clear spell out these obligations. The plans have been clarified to I ndicate our approach. 2. Trash Truck Access A revised exhibit has been provided to show how the trash truck will manuever to gain access to the trash dumpsters on this site. Dumpsters will be rolled out within Lettuce Shed Lane and accessed by a trash truck about half way up Lettuce Shed Lane. 3. Lettuce Shed Slab We understand that the slab will need to be thicker where the trash truck will travel. A. Water Rights We will coordinate with UERWA on payment in lieu for water rights. 5. Disturbed areas We plan to include detailed provisions in the PIA with regard to responsibilities. Our plan is restore any demolished or disturbed areas back to a finished grade that allows for the Town to complete its Main Street improvements. With the Lot 61 and the Town's projects being coordinated timing wise allows the Town to save costs by Exhibit B to 12/14/12 Staff Report not having to do as much demolition and grading as it might have otherwise had to complete and therefore this project is putting the Town in a better condition to complete the Main Street or Lettuce Shed Lane plans. 6. Town Heat Recovery System We would like to understand the Town's proposal and system better so that we can evaluate the costs and benefits of being connected to the Town's system. We will also need to understand any redundancy that we may need to have should the Town's system ever be down for a period of time leaving Lot 61 vulnerable. We are happy to discuss this further and ultimately include in the PIA with the Town. 7. Lettuce Shed Lane Improvements We are proposing to install and maintain a significant amount of the improvements within Lettuce Shed Lane. Given the prior exaction of this property and the 20' transportation easement from Lot 61 and the Town's desire to make this a substantial community access benefiting everyone in the community, we are not sure it is a reasonable conclusion that the applicant should bear 100% of the costs and installation of the improvements in Lettuce Shed Lane. The request to include that land area in the landscape area and lot coverage calculations simply recognizes the prior exaction of that land. We are happy to come to some reasonable agreement and cost sharing and installation responsibility for improvements within Lettuce Shed Lane. We believe all of the Town's comments have been reasonably addressed within the revised materials provided. Sincerely, Dominic F. Mauriello, AICP Principal 4 a of the VALLEY November 16, 2012 Dominic Mauriello, AICP Mauriello Planning Group PO Box 4777 Eagle, CO 81631 Via E-mail: dominic@mpgvail.com RE: Additional Comments / PZC Follow-up Dominic: Exhibit B to 12/14/12 Staff Report Post Office Box 975 One Lake Street Avon... a smoke free community Avon, Colorado 81620 970-748-4000 970-949-9139 Fax Relay-, recognized www,avoii.org Thank you for responding to Staff's initial comments from our October 16, 2012 letter. This letter provides final review comments on the complete submittal, and also provides direction pursuant to the PZC review that took place on November 14, 2012. Please feel free to contact myself or Justin if you have any questions relative to the following comments: General Comments 1. Please provide details for each railing type. It appears that there are three different railing designs for the building, depending on the elevation and level of the building. As a side note, the step walls on the north elevation do not appear on Sheet A4.1. 2. Roof overhangs appear to overextend the property line on Benchmark Road, including the upper roof and a lower roof form at level 3. Overhangs must be kept within the property. As discussed, the Lettuce Shed Lane overhangs could be approved at the discretion of Council if conditioned and platted. 3. Please review the updated draft Public Notice attached, and provide comments if you have any. This notice is scheduled to go out next week along with a published notice in the Vail Daily. 4. The proposed building appears to exceed the maximum height allowed under the Town Center (TC) zone district on two (2) ridges (B and C). Town Staff has calculated the worst case scenario of each ridge to be near the southernmost point. When estimating the existing grades below, Staff has arrived at the following heights: Ridge B 80'-11/4"; Ridge C — 80'-7"; 5. The Light Fixture cuts sheets and images should be updated to ensure that the proposed Bollard light fixture "S1" is identical to the ones used for Main Street; 6. After review Town Staff is not concerned about the number of Landscape Units provided, however, the Landscape Plan should be revised and updated with the following considerations: a. Remove all plantings shown to the west of Lettuce Shed Lane due to the plantings being both installed and maintained by the Town of Avon; b. Ensure that all Plantings shown on the Plan are properly identified with a symbol call - out. Most of the plantings to the south of the proposed structure are not called out; c. Ensure that the Plant List symbols are the same ones used on the plan itself (i.e. List calls out DBB, while plan shows BBD; Symbols POT and HFG are not used on the plan itself); d. Revise the Irrigated Area to ensure that it does not exceed 20% of the landscaped area as required by the AMC. Currently the proposed Irrigated Area is 94% of the Landscaped Area; and, e. Revise the Spray Area and Drip Area to ensure they are percentages of the Irrigated Area. 11/16/12 Follow-up Planning/PZC Comments Lot 61, Block 2, BMBC Page 1 of 2 Exhibit B'% to 12/14/12 Staff Report 7. Please find the attached Engineering Department comments. PZC Comments On Wednesday, November 14, 2012, you gave an introductory presentation of your Application to the PZC. At the meeting, PZC specifically requested the following information or made these comments: 1. Perspective of the northeast corner of the building while traveling west on Benchmark Road from the Avon Road roundabout will be helpful to understand that pivotal view. 2. Turning analysis inside the parking structure will be useful. 3. How will the parking be managed during the peak demand times of the year? 4. Maintenance responsibilities in the near and long term must be defined for any potential impacts (i.e. spills) to Lettuce Shed Lane as resulting from trash service in that area. 5. It may be helpful to extend the scope of the sun shade analysis if possible. 6. The landscaping at the southwest corner of the building must be understood. Regards, Matt Pielstick ,' P Planner II Att: November 16, 2012 Justin Hildreth, Town Engineer, Comments Draft Public Notice 11/16/12 Follow-up Planning/PZC Comments Lot 61, Block 2, BMBC Page 2 of 2 Exhibit B to 12/14/12 Staff Report HEART of the VALLEY I To: From: Date: Re: Matt Pielsticker Justin Hildreth, P.E. November 16, 2012 Lot 61 Plan Comments MEMORANDUM Below please find my comments on the above -referenced development: 1. Additional information will be required on the utility work in the transit center. There are concerns with the impacts to the transit center operations and snowmelt tubing. For example, any potential closures of the transit center would only be allowed from end of ski season to Memorial Day weekend; or September 15 to November 15. 2. There are concerns with the trash vehicles being able to stay on the sidewalk; the auto - turn submittal (Sheet C5) leaves very little room for error. 3. The sidewalk surface must match the pavers at the transit center, and the existing Mall Improvement Plans. The pavers can handle bus traffic and should be able to handle trash trucks. The sidewalk pavement design should be completed by an engineer qualified to design pavement thickness. 4. Staff recommends that the developer construct Lettuce Shed since these improvements are included in the landscape and site coverage calculations. Only Town Council will be able to reduce the scope of these improvements. 5. Please submit a preliminary construction staging plan and indicate if any staging is proposed to occur on the mall. 6. Additional discussion will need to occur with Staff regarding the area of disturbance along the mall and how that area will be restored. 7. What are the dimensions of the columns in the parking garage? 8. Please indicate sight distance triangles at the project entrance. 9. Staff recommends that the applicant formally request to vacate any permanent encroachments such as the patio and roof overhands along Lettuce Shed Lane. 10. The following items must be added to the survey: a. Horizontal and vertical Datum b. Date of survey c. Contour interval d. Surveyor stamp e. Lot area 11. Staff would like to discuss the expansion of the Heat Recovery project and how that may benefit the development this year since the design of the expansion project (and potentially the construction) is budgeted for 2013. 1 would like to step up a meeting with our designers to discuss the development's energy requirements and the suitability of the system for this development. Drainage Report 1. Storm pipe in the right-of-way must be RCP. November 16, 2012 Engineering Comments Page 1 of 2 Exhibit B to 12/14/12 Staff Report 2. When the construction plans are drafted, please ensure that all of the inlets have vane grates, and be properly labeled "No Dumping, Drains to River" 3. The stormceptor should be designed for 90% TSS removal per §7.32.050, Avon Municipal Code. 4. Storm pipe capacity cannot be calculated using "Headwater Depth for Circular Concrete Culverts" since the pipe is not a culvert. November 16, 2012 Engineering Comments Page 2 of 2 Exhibit B to 12/14/12 Staff Report WYNDHAM WORLDWIDE November 8, 2012 Matt Pielsticker, AICP Town of Avon PO Box 975 Avon, CO 81620 Re: Wyndham, Lot 61 — Employment and Parking Management Dear Mr. Pielsticker: The Town requested some additional information about the employment at Lot 61 and its impact on the supply of parking. We believe that the parking provided in the project meets the Avon Municipal Code as a mixed-use project with 53 spaces required and 60 spaces provided. However, we understand the Town's concern about how the parking will be operated and managed to accommodate all project needs. As you are aware, Lot 61 enjoys a prominent location within the commercial core of Avon. It is directly adjacent to the Town's main transit facility (in fact the transit center is partially located on Lot 61). The Gondola serving local skiers is located just a short walk away. With the Town's transit system, the Beaver Creek bus system, the County's Eco Transit system, the new gondola, and the extensive pedestrian and bicycle paths within the Town, there are many options for employees and guests to move about the region without the need for a car thus reducing the demand for parking at this Wyndham Resort. We anticipate that the Lot 61 project, given the relative small size of the facility with 58 units, will be operated with 12 total employees. Four (4) of these employees will require onsite parking in order to effectively manage the property. The remaining 8 employees will arrive at the property via public transit, on foot, or on a bicycle. Wyndham will provide bus passes to its employees for those commuting from greater distances. The employee break room facility includes a shower making it easier for employees to arrive to work on foot or bicycle. In a scenario with 100% occupancy and with every unit having one car onsite (based on our experience, no more than one car is generated per unit) would mean there are 58 guest cars and 4 employee cars. However, given the location Wyndham Worldwide Development Planning and Construction 22 Sylvan Way, Parsippany, NJ 07054 6277 Sea Harbor Drive, Orlando, FL 32821 Exhibit B to 12/14/12 Staff Report of the property and its access to the gondola, we anticipate that at least 10% of our guests will come to the property without a car, utilizing shuttles to and from Eagle County Airport and Denver International Airport. This is conservative based on the experiences of other properties within Avon relayed to us. With a 10% reduction in guest cars at full capacity, that reduces the anticipated count by 6 cars to 56 total cars on property, thus allowing the property to serve 100% of the anticipated demand. Wyndham experiences very high occupancy rates in its timeshare projects. While we have presented a 100% occupancy scenario above, we anticipate that the property will operate at 90% occupancy, thus again reducing guest parking demand. Because predicting parking demand is not a science, we plan to implement a valet program at the Lot 61 property in order to ensure that this property accommodates all of its parking demand. This system will be available primarily for those peak times of the year. Based on the layout of the garage, we can accommodate another 12 cars. With this valet program, the total onsite capacity can be increased to 72 spaces. We hope that you will accept this parking management plan for the property which is based upon our experience and some reasonable assumptions about parking utilization at this property. Sincerely, Ted Hunter Senior Vice President Development Planning and Construction Wyndham Worldwide Wyndham Worldwide Development Planning and Construction 22 Sylvan Way, Parsippany, NJ 07054 6277 Sea Harbor Drive, Orlando, FL 32821 Exhibit B to 12/14/12 Staff Report u Mauriello Planning Group November 30, 2012 Matt Pielsticker, AICP Planner II Town of Avon Via Email Re: Request to Continue Hearing on Wyndham Project (Lot 61) Dear Matt: As we discussed, the applicant is working on revisions to the submittal and plans for the Wyndham project in order to appropriately address comments we received from staff and the Planning and Zoning Commission. Please accept this letter as our formal request to continue the hearing from December 4, 2012 to December 18, 2012 in order to allow us sufficient time to make these revisions. Sincerely, Dominic F. Mauriello, AICP Principal u Mauriello Planning Group December 4, 2012 Matt Pielsticker, AICP Planner II Justin Hildreth, P.E. Town Engineer Town of Avon Via Email Exhibit B to 12/14/12 Staff Report Re: Response to Town's Final Comments on Wyndham Vacation Resort at Avon(Lot 61) Dear Matt: Thank you for your letter of November 16, 2012 and the memorandum from Justin Hildreth, P.E. dated November 16, 2012 with regard to the Wyndham project. This response letter addresses the issues from both of these documents. Below is our responses to the comments provided in the letter from Matt: 1. Railings and step walls The details for the railings have been provided and the elevation has been updated to show the step walls. 2. Roof overhangs The plans have been revised so that there are no roof overhangs within the Benchmark Road right-of-way. 3. Public Notice Comments were previously provided. The hearing will need to be continued to December 18 in order to provide enough time for our team to address all of the comments. 4. Building height The plans have been revised to bring the roof heights into compliance with the 80' limitation. S. Light bollard The sheet has been updated to reference that this is the same bollard used for Main Street. Exhibit B to 12/14/12 Staff Report 6. Landscape plan The landscape plan has been revised. We are listing the area west of the Lettuce Shed Lane path as to be developed by the Town. Wyndham would like to work with the Town on the vegetation in this area to ensure adequate screening of the building to the west and to ensure a quality experience for pedestrians. We also believe that there must have been an error in the code with respect to the amount of irrigation allowed within the Town Center. It doesn't make sense in an urban setting with very limited areas for landscaping to be only 20% irrigated. This will compromise the quality of the landscape materials and likely result in trees dying very quickly. We note that the Town is proposing 100% coverage for the redeveloped Main Street project. We would like to include this modification to the AEC application we have already provided. Additionally, to address the comment by Commissioner Prince, we have replaced Alpine Currants with Dwarf Blue Willow. The Ginnalla Maples were specified as that same species was included in the Town's approved Main Street Plan. We believe this Maple is an appropriate species on the valley floor of Avon. 7. Engineering comments Our response to these is provided below. P&Z Comments: 1. Northeast Building Perspective A perspective has been provided to address this request. Additionally, our 3D model has been updated to provide this perspective and the adjacent context. 2. Vehicle turning analysis A vehicle turning analysis has been provided for the entire project including the parking structure. The analysis is based upon a 2013 Yukon (a full size SUV) and shows that vehicles can properly maneuver within the building. Additionally, the entrance to the project has a clearance of 14' allowing for taller vehicles to enter the front courtyard. The garage door height into the below grade parking is 10' and the minimum clear on the ramp and within the structure is 8'- 4" allowing for adequate clearance for all passenger vehicle types. 3. Parking management at peak times The project complies with the Town parking regulations. However, to address the comments from the P&Z, a letter was previously provided by Wyndham addressing how the property would be managed. A revised valet plan has been provided which increases the peak capacity of the property to 75 spaces (54 regular spaces in the structure and 6 on the surface, 2 of which are in the porte cochere and 15 additional valet spaces one of which is on the surface at the porte cochere); that's an average of 1.29 spaces per unit. In consultation with our traffic engineer, the ITE code that most closely aligns with the parking on this site is Resort Hotel that generates 1.29 spaces per unit. However, given the location in Avon adjacent to the transit center, 2 Exhibit B to 12/14/12 Staff Report they would recommend a 20% reduction in parking or a rate of 1.04 per unit (60.32 spaces). Further, our presentation on December 18 will address parking management at peak times based on the applicant's standards and experience throughout the country. Based on the proposed valet program and the fact that the plan complies with the Town Code, we believe that the parking management is adequate for this project. 4. Trash removal impacts to Lettuce Shed Lane There was discussion at the P&Z meeting held on November 14 with regard to potential impacts of trash spilling on to the paved surfaces and what the long term maintenance responsibility will be provided by Wyndham to address this potential I mpact. The trash room in this facility is located just off of the lobby on the main level of the building. Given the indoor location of this facility it is imperative from the owner's perspective that this trash room be maintained to the highest level of cleanliness to prevent odors and other deleterious effects from spreading outside of the facility. Residential trash will be transported to this facility by owners and housekeeping through use of trash chutes for levels 2 through 5 and manually for other levels. While residential refuse is by no means clean, it is always bagged and generally liquid free unlike restaurant trash. Since the facility is located indoors, the trash room floor of the facility will be kept clean at all times therefore ensuring the dumpster wheels are clean as well. Additionally, the dumpster will also not be exposed to the elements and can be maintained in a high quality fashion, free of dirt, rust, and leaks. With all of these safe guards, we believe the only time that there would likely be dripping onto Lettuce Shed Lane would be during the dumping process at the truck. A spigot is planned on the interior of the trash room and on the exterior in this location. In the event of spillage and on a routine basis, this area can be hosed and appropriately cleaned. Since the area is to be snowmelted, this can be done both winter and summer. We agree this is an issue that should be addressed and the applicant is happy to include a provision for maintenance of this area in the Public Improvement Agreement being proposed for this project. 5. Extension of Sun Shade analysis We believe the P&Z comment was with regard to the overall context of the project and needing more detailed views of the site and the context. The sun shade analysis submitted for the project complies with the code requirements and since the building I s proposed within the height limits of the Town Center zone district, we do not believe there are any unanticipated sun and shade impacts. We have addressed the contextual comments. A portion of our response is included in the revised plans and some will be addressed in our presentation on December 18. 6. Landscaping on southwest corner of building The southwest corner of the building is that portion of the site that is impacted by the Town's transit facility which encroaches 20' into Lot 61 through an easement on the property. This area is highly urban in context given the bus stop and activity Exhibit B to 12/14/12 Staff Report associated with that use. It is also the area where sales office and retail store fronts are proposed. The landscape response in this area embraces this urban context. The following are our responses to the Engineering Department comments provided by Justin Hildreth, P.E.: 1. Impacts to utilities and operation at Transit Center Marcin has been provided heat zone maps from the Town for the coordination of this work. Additional coordination will need to take place with the utility companies and the Development Team prior to construction. Additionally, we have noted the restrictions on the potential transit center closures and will coordinate with the Town on any potential impacts. 2. Turning movements for trash truck. The width of the path has been widened for the First 25' in order to allow a little more flexibility for the trash truck to maneuver in this area. Please refer to the revised plans. 3. Lettuce Shed Lane surfacing The Town's approved design for Lettuce Shed Lane is for a concrete surface rather than the pavers that exist at the transit center. The applicant is not proposing to install or maintain the paved path on Lettuce Shed Lane and therefore is only reflecting the Town's plan, though slightly wider as previously suggested by staff. For the area where the trash truck will travel, the sidewalk pavement design can be reviewed by our structural engineer prior to the Town's development of the construction drawings for the project. 4. Lettuce Shed Lane - construction responsibility The Town is aware that the Lettuce Shed Lane right-of-way was previously exacted from Lot 61 and remains as a Town right-of-way despite the fact that the 2004 PUD approval was invalidated by the courts in 2006. The applicant is proposing to honor this exaction with the proposed development project with some encroachments proposed and some level of construction and maintenance responsibility shared by the Town and the applicant. The applicant does not believe that it is reasonable to assume the applicant will, in addition to having previously provided the land for a public way, be required to fund all of the improvements. We agree that this is an appropriate topic to be discussed in the development of the public improvement agreement. S. Preliminary construction staging plan The construction staging plan has been updated to address impacts to Main Street area. 4 Exhibit B to 12/14/12 Staff Report 6. Mall area disturbance An exhibit has been provided to show what impacts this project will have to the Main Street area. Since the Town is proposing to coordinate its construction of the Main Street improvements in coordination with this project, the applicant is proposing that any disturbed areas will be rough graded to an appropriate level. The Town is put in a better starting point for the Main Street project as some level of required demolition and regrading will have already occurred at no cost to the Town. 7. Parking garage column dimensions The plans have been updated to reflect the dimensions of the columns. The column locations allow parking spaces to operate effectively with these minor encroachments. The column locations allow for free movement of car doors. 8. Sight distance triangles The site plan has been revised to show the sight distance triangles. 9. Lettuce Shed Lane encroachments Based on our prior meetings with staff we had agreed that a subdivision application would be submitted following the current approvals. We continue to believe that post entitlement approval is the appropriate time complete this formal application. We believe a condition of approval of the Major Development Plan should require that "a minor subdivision application be filed in order to vacate the drainage and utility easements along the north and west property lines and to re-establish a new western property line along the eastern edge of pavement of the proposed Lettuce Shed Lane paved path." We believe this is consistent with our previous discussions with staff and allows all building and patio encroachments to be rectified while still maintaining adequate area for the Town's pedestrian path and related landscape improvements. This agreement could also be reflected in the public improvement agreement. 10. Survey modifications Marcin Engineering has updated the existing conditions topographic survey, sheet C2 to include this information. Typically only the "Wet Stamped" Topographic Survey includes this information, but we have updated the sheet included in the civil plan set. 11. Heat recovery system The applicant is happy to meet to discuss how the Heat Recovery project can benefit the project. The applicant would like to understand better how this system could work for the exterior heated pavement areas. We are concerned about using this system for heating of the condominium units and common areas should there ever be a lapse in service and believe that a redundant system would have to be installed therefore increasing the development costs of this project. That said, the applicant is open to this discussion and hearing from the Town's experts in this regard. Exhibit B to 12/14/12 Staff Report 12. Drainage Report All four of the drainage report comments have been addressed and the report and plans have been revised accordingly. We believe all of the Town's comments have been reasonably addressed within the revised materials provided. Sincerely, Dominic F. Mauriello, AICP Principal C. Exhibit B to 12/14/12 Staff Report WYNDHAM WORLDWIDE December 12, 2012 Mr. Dominic F. Mauriello, AICP Mauriello Planning Group, LLC Re: Wyndham, Lot 61 - Additional Information for Parking Management Dear Mr. Mauriello: This letter is in response to the Town's request for additional information from Wyndham about Lot 61 parking management and documentation of our standards that demonstrate how this is handled on our properties throughout the country. Wyndham parking standards are based on the design criteria used by our company for required spaces for guest and employee parking based on the type of Time Share Resort and level of density. We identified Lot 61 as an Urban Resort with an opportunity for underground parking. Therefore, Wyndham's guidelines for Lot 61 require (1) space per guest unit and (3) employee spaces for Resorts with less than (100) units in High Density areas. The valet parking plan outlines (75) total parking spaces for this (58) unit Resort, which exceeds Wyndham standards and Town of Avon requirements. In addition to the parking design analysis, Wyndham also evaluated staffing and operational plans for Lot 61. This analysis determined that valet would be utilized when occupancy is over 75% or as conditions dictate. Wyndham anticipates this Resort to be occupied over 75% during 34 prime weeks and during Special Events. Valet will also be utilized on check in days during the prime week and peak periods. In addition to Wyndham Development and Resort Management, we also utilize Sales and Marketing to communicate parking facilities and services at each Resort so that members understand the parking limitations of each property and plan accordingly. Sincerely, X>� �1*� Amanda Hanks, PE - Director of Construction `1 N ' At the Lodge at Avon Center • 100 W. Beaver Creek Blvd. - P. O. Box 479 • Avon, CO 81620 www.TicinoRestaurantAvon.com • Ticino.restaurant@gmail.com -Tel: 970.478.6792 Mr. Matt Pielsticker, AICP Planner II Town of Avon PO Box 975 Avon, CO 81620 October 29, 2012 Re: Lot 61 Wyndham Project Dear Mr. Pielsticker: Exhibit C 2/14/12 Staff Report I am writing to offer my support for the proposed development of Lot 61 with a Wyndham timeshare facility. We believe this type of facility will generate new vitality and life within the core area of Avon by providing customers to existing businesses like our own. We also support the proposal having very limited floor area attributed to retail and restaurant uses, given the amount of vacant space already existing along the Main Street pedestrian mall. To add more competing space in the area will only ensure more vacancy. We appreciate that this project will bring new retail and restaurant consumers to the area and will improve the economy of the Town and we hope the Town will approve this meaningful project. Sincerely, Charles Frey Owner RCCEIVED Nov a 12012 Cammunitr Development Exhibit C to 12/14/12 Staff Report JOHNSON & REPum LLP ATTORNEYS AND COUNSELORS AT LAW 2521 BROADWAY, SUITE A BOULDER, COLORADO 80304 TELEPHONE 303-442-1900 Ebert P. Clark TELEFAX 303-442-0191 BOULDER epclark@j-rlaw.com www.j-rlaw.com WINTER PARK December 13, 2012 VIA E-MAIL AND FIRST CLASS MAIL Planning and Zoning Commission, Town of Avon c/o Matt Pielsticker, Planner II P.O. Box 975 Avon, CO 81620 [mpielsticker@aeon. org] Re: Lot 61 Rezoning / Major Project Plan Application Project Number: REZ12001 / MJR12006 To the Town of Avon Planning and Zoning Commission: This firm represents the Avon Center at Beaver Creek - I Homeowners Association, Inc. ("Avon Center") with regard to the above referenced Application submitted by OZ Architecture on behalf of Wyndham Vacation Resorts, Inc. ("Applicant"). Avon Center lies directly to the north of Applicant's proposed timeshare lodge project ("Project") located on Lot 61, Block 2, Benchmark at Beaver Creek Subdivision ("Lot 61" or the "Property"). I. Introduction Avon Center sees numerous problems with the Application and Project as presently proposed. These issues include the Applicant's clear intent to avoid providing community benefits otherwise required by the Town of Avon Land Use Code ("Code"), failure to follow the required governmental and legal processes for Town approval, and the failure of the Applicant to meet the basic requirements for the approvals sought. The present process seeks to circumvent the Planned Unit Project ("PUD") process under which the past applications for the Property have been reviewed. The PUD process is the land use process that most clearly fits this Project based on its mixed-use nature and the numerous deviations from the Code required to permit construction of the Project as proposed. II. Lack of Legally Adequate Notice and 012portunity to Be Heard. As a preliminary matter, Avon Center must object to the Town's failure to adequately notice the present hearing, and all previous hearings on this Application. The owners, occupants and registered agent of Avon Center have not received legally adequate notice of any of the proceedings affecting Lot 61, and have not been allowed an adequate opportunity to be heard on the matter. In addition, despite a direct, written request from this office that all public notices be {00222544 / 3 1 Exhibit C to 12/14/12 Staff Report Planning and Zoning Commission, Town of Avon December 13, 2012 Page 2 provided to us on behalf of Avon Center, we have received only last minute, informal notice of these proceedings and the changes to the Application that have occurred throughout this process. III. Improper Use of Land Use Regulations to Avoid PUD Regulations and All Application Requirements Necessary to Support a Complete Application Proposed projects on Lot 61 have been dealt with in the PUD process several times in the past, and the site is far better suited for the PUD process. At present, Applicant is clearly trying to avoid the PUD process, and the Commission and the Town should ask why. As with previous applications for the Property, the Project is truly a mixed-use project. The Project includes commercial uses such as retail, a lounge that is open to the public and the transit center that is located on the south side of the Property. Applicant argues that these uses are Accessory Uses that are subordinate to the primary use of Timeshare Lodge. However, Accessory Uses are those that naturally arise from the primary use, and are not separate, stand alone uses generally available to the public. Furthermore, under the Code an Accessory Use cannot be established before the primary use. Instead, it can only be established under and remain a part of the primary use. Here, the transportation use has been established and operating for several years. Furthermore, the lounge and retail uses are clearly targeted at the public. Therefore, none of these uses arises only from the primary, timeshare use, and all of the uses are intended for use by the general public, not only the timeshare residents. Therefore, the present Application is truly for a mixed-use Project that is best dealt with under the PUD process. The answer to why Applicant is seeking to avoid the PUD process should be apparent. By avoiding this process, Applicant avoids the various requirements of the PUD process. These requirements include providing the general public with various studies, reports and information about the Project and the burdens and benefits connected with it. A PUD applicant must also show that the proposed Project is beneficial for the community and meets a community need. Finally, and perhaps most telling, the PUD process would require Applicant to provide on-site employee housing of up to ten percent (10%) of the Project's floor area. These requirements are not attractive to an applicant, but they are in place in the Code for the benefit of the Avon community. The Town should not, and cannot, arbitrarily waive these requirements and allow Applicant to avoid them based on a desire to approve any specific project or for the benefit of any specific Applicant. IV. Improper Use of Land Use Regulations to Incorporate Public Property and Easement Areas for Private Benefit and to Avoid Public Input and the Variance Process Applicant originally sought two variances that were necessary based on the useable area of Lot 61. Applicant initially sought a variance of the applicable lot coverage ratio and a variance for reduction of the requisite landscape area. In its initial application, Applicant itself {00222544 / 3 1 Exhibit C to 12/14/12 Staff Report Planning and Zoning Commission, Town of Avon December 13, 2012 Page 3 stated that one reason for seeking the variance from lot coverage was a desire to avoid the requirement for on-site employee housing at the Project. Since the date of the initial application, Staff and Town Council have decided that Lettuce Shed Lane and the Bus Stop Easement Area located on the Property ought to be incorporated into the Property for the purposes of the lot coverage and landscaping calculations, thus removing any requirement for a variance or the possibility of an employee housing requirement. In essence, the Town is "lending" its property to Applicant to ease the approval of the Application. It does not appear there was ever any properly noticed public hearing to discuss this concept. In any event, there is simply no process or provision under the Code that allows this, and Staff, Town Council and the Town Attorney have made no attempt to explain the basis for this action. In fact, the definitions set forth in the Code specifically contradict this action. Under the Code, the definition of "Lot", "Lot Coverage" and "Landscape Area" make it clear that only areas owned by the applicant are included in a Lot, only areas that are developable are considered in Lot Coverage calculation, and a Landscape Area calculation cannot include paved walkways and parking areas. Therefore, not only is this incorporation of public areas for the benefit of a private Project not supported by the Code, this action is specifically contrary to Code provisions and is in violation of the controlling Colorado law. As the Colorado Court of Appeals stated in Sherman v. City of Colorado Springs Planning Commission, 680 P.2d 1302, 1304 (Colo. App. 1983), an administrative body is not allowed to exercise discretion that is not built into its zoning ordinance. Here, no Town body can grant an Applicant rights not provided for in the Code. The benefits of this sleight of hand to Applicant are obvious. First, Applicant avoids the necessity of obtaining two variances in the present process, and therefore limits public input on the Project. Applicant also avoids the requirement to include employee housing in the Project and accept the corollary loss of floor area. This requirement would arise from a lot coverage ratio over fifty percent (50%). Under the Code, the Lot coverage standard of fifty percent (50%) can be increased to eighty percent (80%), if the Applicant were to provide employee housing in accordance with the Town's own formulas. Applicant stated this fact in its initial Application. These actions raise greater questions for the Town and the Applicant. How can the Town reconcile taking an action that lacks any support whatsoever in the Code or Colorado law, and specifically, how can the Town do so for the purpose of providing public property for a private benefit in the land use application process? V. Lack of Adequate Mitigation of Parking, Loading and Snow Storage Impacts and Improper Use of Regulations to Claim Shared Parking Credits Applicant is also trying to avoid meeting the reasonable parking, loading and snow storage requirements. {00222544 / 3 1 Exhibit C to 12/14/12 Staff Report Planning and Zoning Commission, Town of Avon December 13, 2012 Page 4 With regard to parking, Applicant is trying to take advantage of a provision in the Code that allows for a fifteen percent (15%) reduction in the parking requirements based on the mix of uses in the Project. The present Application does include food service, timeshare, retail, and transportation. However, these are not a combination of uses as required under the Code in order to qualify for the parking reduction. Each is a separate use. At the same time, Applicant is arguing that it is not a mixed-use project. Furthermore, a number of the spaces included in the calculation are of questionable viability and would require long term parking in areas that are clearly intended for circulation. In fact, two of these spaces are located directly in front of the primary entryway to the Project and do not appear to be usable as a practical matter. Applicant has also made no attempt to address the standard required loading areas. Pursuant to the Code, these loading areas are required to be enclosed within the structure itself. In the Project as proposed, the Code would require two large, enclosed loading berths. Instead, Applicant proposes that loading and trash removal for the Project be permitted on and through Lettuce Shed Lane, an area that is supposedly dedicated to pedestrian use. The Project would have no loading bays within the premises, as is typically required. This is one of many basic, straightforward Code requirements that are simply not met by the Application. Similarly, there appears to be no provision for snow storage on the Property. This situation has obvious drawbacks in the alpine environment. In fact, with the high lot coverage ratio proposed here, the Applicant will inevitably store snow from its site on the neighboring properties and the adjacent public property. Parking, loading and snow storage are extremely important issues in the mountain communities and represent some of the primary ways in which new development impacts the existing neighbors. As is the case with each of these issues, new development like the Project imposes its impacts off-site and on its neighbors. For example, in the present case, if there is not sufficient on-site parking, those arriving at the Project will inevitably hunt for parking and use the spaces reserved for neighboring properties or those dedicated to the neighboring retail uses. Avon Center already experiences numerous problems with unauthorized "poaching" of parking spaces within the surface lot and interior garage area dedicated exclusively for the use of the owners, guests and invitees of Avon Center. The Applicant's plan to underpark the Project will only further exacerbate the Avon's Center's ongoing parking issues. Likewise, Applicant's desire to conserve enclosed space by loading on Lettuce Shed Lane will have noise and visual impacts, and will result in litter in the public areas. Finally, as all mountain communities know, the snow will need to be stored somewhere. When snow is piled on lot lines or sheds off roofs, it inevitably lands on the neighboring properties or impedes use of public areas. This is not an issue of convenience — it is an issue of fundamental fairness to the Project's neighbors. {00222544 / 3 } Exhibit C to 12/14/12 Staff Report Planning and Zoning Commission, Town of Avon December 13, 2012 Page 5 VL Applicant's Failure to Meet the Specific Elements Necessary for Rezoning, and Relief from the Comprehensive Plans. There are a wide variety of technical requirements under the Code which the proposed Project does not meet. These range from the fact that the Project will not be LEED certified, to the basic facilities questions mentioned above. A summary of several of Applicant's specific requests is provided here. However, this list is not exhaustive and Avon Center reserves any and all rights it has to object to the Project throughout the ongoing review process. a. Zoning Map Amendment One of the principal requests in the Application is for a Zoning Amendment that would rezone the Property to "Town Center" zoning. Again, the Property has, in the past, been treated as a PUD. Therefore, among the questions before the Commission is the basic inquiry whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned. The Property has been subject to several PUD regimes. There was a PUD approved in 1999 that appears to have lapsed, but has not been formally invalidated. There was the 2004 PUD which was invalidated by Court Order in 2006 based on a finding that Town Council had acted arbitrarily, capriciously and contrary to the provisions of its own land use code in approving that PUD plan. Applicant's present desire to avoid the PUD process may have its roots in this process. Again, avoiding the PUD process allows Applicant to avoid various general public benefits required in the Code. However, there is a specific requirement that appears again in this context. As mentioned above and in Applicant's initial application, Applicant would prefer to avoid the requirement to provide employee housing. According to the earlier PUD approvals, Applicant would be required to construct employee housing units equal to ten percent (10%) of the dwelling units on site. Therefore, there appears to be an ongoing theme of Applicant attempting to avoid processes mandated by the Code which would result in the imposition of an employee housing requirement. Therefore, the question above becomes: "Has the character of the surrounding area changed at all, and if so are those changes sufficient to merit allowing Applicant to avoid its obligation to provide employee housing under the Code?" Lot 61 is critical to downtown Avon and is a challenged site. This site and the proposed Project are especially well suited for treatment as a PUD in order to allow the flexibility of uses and guidelines requested by the Applicant, and in order to provide the variety of community benefits a project such as this can bring to the area. {00222544 / 3 } Exhibit C to 12/14/12 Staff Report Planning and Zoning Commission, Town of Avon December 13, 2012 Page 6 b. Comprehensive Plans Lot 61 is the subject to both the Avon Comprehensive Plan ("Comp Plan") and the Avon West Town Center District Investment Plan. In addition, Lot 61 is the subject of the specific recommendations within the Avon West Town Center District Investment Plan. In the Application, Applicant argues that all comprehensive plan provisions are discretionary based on recent revisions to the Code. Applicant, however, has disregarded the Code's three-part test for relief from the application of the comprehensive plans. The Project is not in compliance with a number of the Comp Plan requirements. For example, the Project does not comply with the requirements for retail use on the ground floor, LEED certification and general energy conservation. The Project also does not meet the design requirements specific to Lot 61, such as the incorporation of the transit facility into the enclosed space in the building and the design requirements for retail arcade. One of the criteria for relief from these requirements under the "advisory" language offered by Applicant is that strict compliance with multiple provisions of the Comp Plan is not practical. However, in the Application, Applicant does not provide any evidence to support its assertion that compliance with any of these requirements is not practical. Instead, Applicant simply seeks to avoid the additional requirements imposed by the Comprehensive Plan in order to avoid the burdens of associated with them. VII. Conclusion Based on the foregoing, the Application appears to be an attempt to dodge certain Code provisions while taking advantage of others with the goal of avoiding the requirements that provide important community benefits typically required of such projects. Applicant is inviting the Town down a similar path to that which was pursued with the 2004 PUD. That path resulted in the Town taking actions that were not supported by the Code. Those actions were ultimately found to be arbitrary, capricious and in excess of the authority afforded the Town under Colorado law. Hence, the prior application process was found to be unlawful, and the resulting approvals were invalidated by District Judge Moorhead. See Order Declaring Ordinance No. 04- 01 Invalid dated April 27, 2006, District Court, Eagle County, Colorado, Case Number: 04CV151. The foregoing is not an exhaustive list, and Avon Center reserves any and all rights it has to object to the Project throughout the review process. Based on these issues and others in the Application, the Planning and Zoning Commission ("Commission") must ask itself whether it can recommend approval of an application, such as the present Application, with basic questions as to its legality and clear gaps in its compliance with the Avon Town Code. Avon Center objects to the Project and asks that the Commission consider the irregularities and deficiencies summarized above and refuse to recommend approval of the {00222544 / 3 1 Exhibit C to 12/14/12 Staff Report Planning and Zoning Commission, Town of Avon December 13, 2012 Page 7 Application to Town Council. In the alternative, the Commission can table this matter to allow time for the issues outlined in this letter to be addressed. Avon Center and its neighbors remain open to communication from Applicant on how to address the present shortcomings of the Application. Thank you for considering these comments. Cordially, JOHNSON & REPUCCI, LLP Eben P. Clark, Of Counsel :epc cc: Avon Center at Beaver Creek - I Homeowners Association, Inc. {00222544 / 3 } Exhibit D to 12/14/12 Staff Report AVON PLANNING AND ZONING COMMISSION FINDINGS OF FACT, RECORD OF DECISION, AND RECOMMENDATIONS �V a N I 'It B N ., b 6 CONCERNING THE REZONING, MAJOR DEVELOPMENT PLAN, AND ALTERNATIVE EQUIVALENT COMPLIANCE APPLICATION FOR WYNDHAM VACATION OWNERSHIP 58 -UNIT MIXED-USE TIMESHARE DEVELOPMENT ON LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION The following findings of fact and recommendations are made in accordance with Avon Municipal Code ("AMC") § 7.16.060(e)(3): k 1. Application Submitted. A Rezoning Application, Variance Application, Major Development Plan Application, and Alternative Equivalent Compliance Application (collectively "the Application"), was submitted to the Community Development Department of the Town of Avon (the "Town") on September 24, 2012 by Dominic Mauriello of Mauriello Planning Group, representing the owner of the property, Wyndham Worldwide Vacation Ownership (the "Applicant"). AMC § 7.16.020(b)(4) allows concurrent review of multiple development applications which concern the same property and the Director has consented to concurrent review. 2. Variance Consideration. Ted Hunter, Senior Vice President for the Development Planning Division of Wyndham Worldwide Vacation Ownership, submitted a letter to staff outlining a formal request to consider eliminating the variance requests (landscaping and site coverage) since the Application involves funding capital improvements to Lettuce Shed Lane; and also incorporating the area of Lettuce Shed Lane and the Transportation Easement for purposes of calculating coverage requirements in the Application. 3. Council Consent for 50' Benchmark Court. At their October 23, 2012 meeting, the Town Council consented to allow the Applicant to incorporate the area of the Town owned 50' Benchmark Court (aka "Lettuce Shed Lane"), and the platted 20' Transportation Easement, in the Application. Council noted that their action was strictly providing consent as property owner of Lettuce Shed Lane, and in no way to be construed as approval of any portion of the Application. 4. Aiency Referrals. On October 29, 2012, pursuant to §7.16.020(c)(2), Staff referred the Application to outside review agencies, including the following: Eagle County Planning, Eagle County School District, Eagle River Water & Sanitation District, Eagle River Water & Sanitation District, Eagle River Fire Protection District, Eagle County Health Service District, ECO Transit, Xcel, Holy Cross Electric, Comcast, Beaver Creek Resort Company, Union Pacific Railroad, and the Public Utilities Commission. DRAFT FINDINGS OF FACT AND RECOMMENDATIONS WYNDHAM VACATION LOT 61 REZONING, MAJOR DEVELOMENT PLAN, AEC APPLICATION Page 1 of 3 Exhibit D to 12/14/12 Staff Report 5. Revised Application. On November 5, 2012, a revised Application was submitted to Staff which included a Rezoning Application, Major Development Plan Application, and Alternative Equivalent Compliance Application. 6. Initial Presentation. On November 14, 2012, the Applicant gave an introductory presentation to PZC for the purpose of determining if additional information was required for PZC to evaluate the Application. At the meeting PZC requested additional information to evaluate the Application, including but not limited to: information on parking management, trash removal operations, contextual info, transitions at the southwest corner of the property, and landscaping specifications. 7. Notice of Public Hearing. Pursuant to §7.16.020(d), a notice of public hearing was published in The Vail Daily on November 21, 2012 for the December 4, 2012 PZC meeting to review the Application. In addition to the published noticed, a mailed notice was sent to all property owners within 300' of the Property. 8. Public Hearing Continued. At the written request of the Applicant, PZC continued the Public Hearing on December 4, 2012 to the next regularly scheduled meeting on December 18, 2012. 9. Staff Report to PZC. Matt Pielsticker submitted a Staff report to the PZC dated December 14, 2012. 10. Public Hearing before the Planning and Zoning Commission. On December 18, 2012 the PZC held a public hearing on the Application. 11. Compliance with Review Criteria. PZC makes the following findings with regard to compliance with the applicable review criteria for Rezoning -§7.16.050(c), Major Design and Development Plan -§7.16.080(f) & §7.16.090(f), and Alternative Equivalent Compliance -§7.16.120(d) as the basis for a recommendation on the Rezoning to Town Council: PZC RECOMMENDATIONS: [TO BE DETERMINED BY PZC BASED ON PUBLIC HEARING] A. Rezoning. The PZC Recommends... Findings: (1) B. Major Design and Development Plan. The PZC Recommends... Findings: DRAFT FINDINGS OF FACT AND RECOMMENDATIONS WYNDHAM VACATION LOT 61 REZONING, MAJOR DEVELOMENT PLAN, AEC APPLICATION Page 2 of 3 Conditions: (1) Exhibit D to 12/14/12 Staff Report C. Alternative Equivalent Compliance. The PZC recommends... Findings: (1) Conditions: (1) THESE FINDINGS APPROVED: BY: OF FACT AND RECOMMENDATIONS ARE HEREBY DATE: DRAFT FINDINGS OF FACT AND RECOMMENDATIONS WYNDHAM VACATION LOT 61 REZONING, MAJOR DEVELOMENT PLAN, AEC APPLICATION Page 3 of 3 MEMORANDUM & PLANNINGLL°Y. T" TO: Honorable Chairperson Green and Avon Planning and Zoning Commission FROM: Eric Heil, Town Attorney RE: Lot 61/Wyndam Application: Dec. 13, 2012 Comment Letter from Eben Clark representing Avon Center DATE: December 14, 2012 Summary: This memorandum provides my initial response to the Planning and Zoning Commission ("PZC") with regard to legal issues raised in a letter received by the Avon Town Staff, dated December 13, 2012 from Mr. Eben Clark representing the Avon Center, which letter provided comments on the Lot 61/Wyndam Application ("Application"). This memorandum only provides an initial response because the letter from Mr. Clark was received by my office yesterday afternoon. Public Hearing Notice: Mr. Clark complains that there has been a failure to adequately notice the present hearing; however, Town Planner Jared Barnes sent an e-mail message and the application documents to Mr. Clark on December 3, 2012, and notified Mr. Clark that the PZC public hearing was continued to December 18, 2012. No previous public hearings have occurred on the Application. Adequate notice of the December 4, 2012 public hearing was provided in accordance with the Avon Municipal Code and Mr. Barnes' e-mail of December 3, 2012 provided adequate notice to Mr. Clark of the continued public hearing to be held on December 18, 2012. Rezoning: The Applicant is entitled to submit an application for rezoning in accordance with the Avon Development Code (Title 7 of the Avon Municipal Code). The PZC is required to consider the Application and consider all information, reports and public comments received during the public hearing process, then to render a decision based upon the applicable review criteria set forth in the Avon Development Code. Use of Town of Avon Property and Right -of -Way: The Town may consent to allow an applicant to incorporate portions of Town owned property and right-of-ways into applications. The Avon Town Council provided such consent with a clear statement that such consent did not constitute approval of the application to be submitted and that such application would be subject to review through the required public process. Mr. Clark's letter states, "In essence, the Town is "lending" its property to Applicant to ease the approval of the Application. It does not appear there was ever any properly noticed public hearing to discuss this concept." As stated above, the Town's Council only decision was to consent to allow the Applicant to submit an application which proposed utilizing Town property and right-of-way. The Town Council has not considered the merits of the Application nor has the Town Council had the opportunity to do so because the Town Council has not yet received the complete Application for review and consideration. The public hearing to consider the actual merits of the Application is scheduled by the PZC on December 18, 2012. The Avon Town Council must conduct its own public hearing before any final decision is made regarding the Application and any proposed use of Town owned property or right-of-ways. Parking, Loading and Snow Storage: These matters are addressed in the Town Staff's report and are the proper issues to be considered by the PZC at the public hearing. 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 Avon Planning and Zoning Commission Lot 61/Wyndam Project: Clark Letter December 14, 2012 Page 2 of 2 Compliance with Review Criteria for Rezoning and Compliance with Comprehensive Plan: These matters are addressed in the Town Staff's report and are proper issues to be considered by the PZC at the public hearing. Conclusion: It is my opinion that there is neither a legal procedural defect in the noticing process nor a legal substantive defect in the nature of the Application which proposes to utilize portions of Town property and right-of-way which would somehow preclude the PZC from legally conducting the public hearing scheduled for December 18, 2012 or somehow preclude the PZC from legally taking action to make a recommendation to the Avon Town Council on the Application. Thank you, Eric