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08-26-2008 CLARION & ASSOCIATES AVON MUNICIPAL CODE UPDATE• emo 7 ; M To: Honorable Mayor and Town Council R E D Thru: Lary Brooks, Town Manager From: Eric Heidemann, Assis t Town Manager Community Development Date: August 26t", 2008 Re: Contract and Proposal for the Avon Municipal Code Update Dated July, 2008 Summary: Clarion and Associates, has submitted the attached proposal (Exhibit A) in response to the Community Development's Request for Proposals (RFP) to amend Avon • Municipal Code (AMC), with specific emphasis on Title 2, Administration and Personnel; Title 16, Subdivisions; and, Title 17, Zoning. The current language in the existing titles is outdated since the AMC was originally adopted in the late 1970s and has not been substantially amended since its inception when the Town of Avon was incorporated as a municipality in 1978. Some of the areas of concern with the current language in the present iteration of the AMC are related to the cumbersome structure of the titles and the inherent fragmentation of the subdivision process from the zoning regulations since they are separate titles instead of falling into one comprehensive and cohesive Land Use Regulations title. Although references were added attempting to link the subject sections of the code, it remains difficult to navigate through all the pertinent language and the current sequence is counterintuitive to the layperson trying to understand the overall development review process and its multilayered requirements. The initial scope of work will be to diagnose our existing Subdivision and Zoning regulations in order to understand the substantive and procedural limitations of the Town of Avon's current set land use regulations. Based on the findings identified in the diagnostic analysis, prepare a redraft to our land use regulations with a more organized and Unified Land Use Code. In general, our goal is to: (1) Update and refine existing regulations to handle the more sophisticated and complex development environment Avon is now experiencing; • (2) Eliminate antiquated language and inconsistencies in both the Subdivisions and Zoning titles of the AMC; and, 0 (3) Streamline the processes enumerated in these titles to make these regulations more practical and easy to grasp for different users. Two proposals were received and were rated by both Community Development and Engineering using an objective, numerical ranking matrix. Staff concluded that Clarion and Associate's proposal best matched the Town's expectations of relevant experience, and budgetary constraints. The proposed fee for these services is not to exceed $180,000.00, plus reimbursable expenses. Following a formal review of the proposal by Council, Staff is recommending approval of the contract on the Unified Land Use Code prepared by Clarion and Associates. Financial Implications: The proposed fee is within the current CIP project 2008/2009 budget of $250,000 for the Unified Land Use Code. Recommendation: • Approve the Clarion and Associates Proposal dated July, 2008, in an amount not to exceed $180,000.00 plus reimbursable expenses. Alternatives: Table action on the subject Proposal. Proposed Motion: " I move to approve the Clarion and Associates Proposal dated July, 2008 in the amount of $180,000.00 plus reimbursable expenses." Town Manager uCorn ts: Attachm s: Exhibit A: Unified Land Use Code proposal prepared by Clarion and Associates and associated Contract • AGREEMENT FOR PROFESSIONAL SERVICES • THIS AGREEMENT, effective as of the day of 2008, by and between the Town of Avon, Colorado (hereinafter referred to as the Client), and Clarion Associates of Colorado, LLC, a Colorado Limited Liability Company doing business at 621 17th Street #2250, Denver, Colorado 80293 (hereinafter referred to as the Contractor). WHEREAS, the Client is undertaking certain activities necessary for the planning execution of a project; and WHEREAS, the Client desires to engage the Contractor to render certain professional advice and assistance in connection with such undertakings of the Client: NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Scope of Services. The Contractor agrees to provide services to prepare a Unified Development Ordinance for the Client. The services to be performed are described in Exhibit A attached hereto and incorporated herein. The Client agrees to provide supporting services to the Contractor as described in Exhibit A. 2. Time of Performance. The services of the Contractor are to commence on September 1, 2008, and shall be undertaken and completed in such sequence as to insure their expeditious completion. A detailed project schedule is incorporated as • Exhibit B. 3. Method of Payment & Total Protect Amount. The Client shall compensate Contractor for its services in accordance with the Project Budget set out in Exhibit A. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of $180,000.00 for all services rendered. By mutual agreement, the Client and Consultant may reallocate the budget among project tasks if the total budget amount remains unchanged. 4. General Terms and Conditions. A. Termination of Agreement: The Client shall have the right to terminate this Agreement, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof, which notice shall be given at least 30 days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Agreement shall become the Client's property. Contractor shall be entitled to receive compensation in accordance with the Agreement for any satisfactory work completed pursuant to the terms of this Agreement prior to the date of termination. Not withstanding the above, Contractor shall not be relieved of liability to the Client for damages sustained by the Client by virtue of any breach of the Agreement of the Contractor. Page 1 of 12 B. Changes. The Client may, from time to time, request changes in the scope of services of the contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon between the Client and the Contractor, shall be in writing and upon execution shall become part of the Agreement. C. Assignability. Any assignment or attempted assignment of this Agreement by Contractor without the prior written consent of the Client shall be void; provided, however, that claims for money due or to become due Contractor from the Client under this Agreement may be assigned to a bank, or other financial institution, without such approval. Notice of any such assignment or transfer shall be furnished to the Client. D. Audit. The Client or any of its duly authorized representatives shall have access to any books, documents, papers, and records of Contractor which are pertinent to Contractor's performance under this Agreement, for the purposes of snaking an audit, examination, or excerpts. The Contractor shall maintain records for 3 years after contract ends. E. Ownership of Documents. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this Agreement shall be the property of the Client. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. F. Assignment of Copyrights. Contractor assigns to Client the copyrights to all work prepared, developed, or created pursuant to this agreement, including the right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use materials produced in the course of this contract for marketing purposes and professional presentations, articles, speeches and other business purposes. G. Governing Law. This Agreement has been executed by the parties hereto on the day and year first above written and shall be governed by the laws of the State of Colorado. Contractor shall also comply with all applicable state and federal laws and regulations and resolutions of the Client, and shall commit no trespass on any public or private property in the performance of any of the work embraced by this Agreement. H. Subcontractors. Contractor shall have the right to utilize the firms listed as subcontractors in Exhibit A to complete the approved scope of work. Other subcontractors may be utilized if approved by the Client. 1. Notices. Any notice concerning the terms and conditions of this Agreement from Contractor to the Client shall be in writing and delivered, either Page 2 of 12 personally or by mail (postage prepaid), by telegram or facsimile transmission • and shall be addressed as follows: Eric Heidemann Assistant Town Manager, Community Development 400 Benchmark Road Avon, Colorado 81620 Facsimile number: (970) 949-5749 Notices to Contractor from Client shall be in writing and delivered, either personally or by mail (postage prepaid), by telegram or facsimile transmission and shall be addressed to: Christopher J. Duerksen, Managing Director Clarion Associates 621 17th Street, Suite 2250 Denver, CO 80293 Facsimile number: (303) 860-1809 Notices shall be deemed effective upon delivery in the event of personal delivery, and after three (3) days when mailed, postage prepaid; if transmitted by facsimile or telegram, upon verified receipt of the electronic transmission. Either party may change its address in reference to notices by written • notification to the other party. 5. Indemnification. Contractor shall indemnify and hold Client harmless from and against and all claims, suits, or action made or asserted for any damage to person or property occasioned by the negligent errors or omissions by Contractor in connection with performance of Contractor's obligation under this Agreement. 6. Independent Contractor. Contractor is an independent contractor. Notwithstanding any provision appearing in this Agreement, all personnel assigned by Contractor to perform work under the terms of the Agreement shall be and remain at all times, employees of the Contractor for all purposes. The Contractor, its agents and employees, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees of Client. 7. Extent of Agreement. This Agreement represents the entire and integrated agreement between the Client and the Contractor and supersedes all prior negotiations, representations or agreement, either written or oral. This Agreement may be amended only by written Agreement signed by both the Client and the Contractor. 8. Mediation and Arbitration. Any disputes arising out of this Agreement shall be subject to arbitration. As a pre-condition to the filing of any such arbitration, all • claims, disputes, and other matters in question between the parties to this Agreement Page 3 of 12 arising out of or relating to this Agreement concerning a breach thereof, shall first be submitted to non-binding mediation prior to initiation of any arbitration unless the • parties mutually agree otherwise. The cost of said mediation shall be split equally between the parties. This Agreement to mediate shall be specifically enforceable under the prevailing laws of the State of Colorado. The parties agree that any disputes concerning the terms and conditions of this Agreement that cannot be resolved after consultation and discussion between the parties or by mediation shall be submitted and finally settled by arbitration. Any arbitration shall be conducted by an arbitrator selected by and mutually agreeable to both parties. Mediation or arbitration conducted under this Agreement shall occur in Eagle County, Colorado. 9. Severability. In the event that any provision of this Agreement shall be held to be invalid or unenforceable, the remaining provisions of this agreement shall remain valid and binding upon the parties hereto. CLARION ASSOCIATES LLC BY: BY: Christopher J. Duerksen • Title: Managing Director Title: Date: Date: ATTEST: (if a corporation) Title: • Page 4 of 12 • Scope of Services Exhibit A Scope of Services and Fee A. Phase 1: Project Initiation and Analysis ■ Initial Review of Zoning Ordinance, Plans, and Other Background Documents ■ Initial Project Meetings ■ Public Participation Strategy ■ Interviews with Staff and Others/Staff Survey 1. Initial Review of Zoning Ordinance, Plans, and Other Background Documents As a first step, Clarion will review in greater detail the following Town documents: ■ Town Center West Investment Plan ■ Town Center East Center Plan ■ 2006 Comprehensive Plan ■ 1990 Transportation Plan ■ 1996 Transportation Plan Update ■ Village (at Avon) PUD ■ East Beaver Creek Blvd. Phase 1 Improvements • ■ US 6 Corridor Feasibility Study ■ CDOT Traffic Growth Projections Team members will analyze and compare the plan policies with the current ordinance language, map, and regulatory structure to identify key issues and opportunities in the ordinance update project. This will form the basis for the initial meetings described below. 2. Initial Project Meetings Clarion will meet with the project manager, staff, and other officials to discuss overall project goals and to finalize the project work plan and schedule. We will hold get-acquainted meetings with the elected and appointed officials as recommended by town staff. Team members will also tour the town with the planning staff to see first-hand how key substantive issues are playing out in practice. 3. Public Participation Strategy Also at the beginning of Phase 1, we will finalize and discuss a detailed public participation process with staff that takes full advantage of the various forums available to the town (e.g., the town's website, local gatherings and • activities, town board and committee meetings) that we have found helpful Page 5 of 12 in other code projects. As a starting point, this work program proposes public involvement through regular meetings with a town-appointed Zoning Advisory Committee (ZAC); regular reports to elected officials; and public meetings at important milestones during the process. In the majority of our zoning ordinance projects, we work with an advisory committee to assist the project by providing input and feedback. This is our preferred public participation approach for zoning ordinance projects. Typically, the local jurisdiction would like the consultant to work with a variety of interest groups, including the Planning Commission, City Council, and development and neighborhood interest groups. The appointment of an advisory committee made up of representatives from these various groups is a good way to ensure a diversity of input while minimizing project costs. The advisory committee, which should contain approximately 10 - 12 members, can serve as an initial sounding board, providing input throughout the project. Another option would be to simply have the Planning Commission serve as the committee for the project. Additional outreach, through public meetings, workshops, and presentations, would supplement any work with the advisory committee to the extent allowed by the project budget. 4. Interviews with Staff and Others / Staff Survey • Following the document review and initial meetings, we will oversee an intensive initial discussion of land development issues with town staff, the ZAC, and elected and appointed officials. With staff's guidance, Clarion also will interview key players in the development process (e.g., developers, neighborhood group representatives) in small groups or one-on-one to get their views on the same topics. These discussions and review will give us a clear understanding of how the existing codes work (and don't work) in practice, and key issues and practical problems that need to be addressed by the new ordinance. We will also develop a survey for circulation to key staff in other departments (like Public Works) to assist in producing a methodical analysis and record of strengths and weaknesses of the existing ordinance. We also recommend forming an interdepartmental staff working group for regular consultations on the project. PHASE 1 SUMMARY Consultant Responsibilities/Deliverables • Preliminary review of ordinance, plans, and related documents • Final scope of work, including detailed work plan and schedule is • Draft survey to circulate to town departments Page 6 of 12 • Facilitate initial ZAC meeting • • Interviews with key staff, elected and appointed officials, members of development community, and others familiar with the codes as identified by the town Town Staff Responsibilities • Send copies (hardcopy and electronic) of current land development regulations/plans to Clarion • Provide plans and other relevant background materials to Clarion • Prepare database of names and addresses for public participation • Participate in interviews as appropriate • Organize interviews, tour, and ZAC meetings • Circulate survey to town departments Schedule Complete by October 15, 2008 (assuming September 1, 2008, project start date) B. Phase 2: Diagnosis and Annotated Outline ■ Diagnosis and Annotated Outline - Staff Draft ■ Diagnosis and Annotated Outline - Public Draft 1. Diagnosis and Annotated Outline - Staff Draft Based on information gathered during Phase 1, Clarion would prepare a detailed analysis of the current Avon codes in order to refine the key issues and themes to be addressed through the update. This analysis will focus on the strengths and weaknesses of the current codes, including: o Ways in which the current regulations are ineffective or frustrating to use; o Areas of consistency and inconsistency between existing town policies, the Avon Comprehensive Plan, and regulations; o Ways to make the revised document more user-friendly; o Ways to streamline the review process; and o Necessary changes related to new statutory and/or case law. With regard to both procedural and substantive issues, the Diagnosis will present options and alternative techniques for addressing these issues gleaned from our work in other jurisdictions and additional best practices research. Combined with the Diagnosis, Clarion will draft an Annotated Outline of recommended revisions. The purpose of the Annotated Outline is to allow staff, the ZAC, elected and appointed officials, and the public an opportunity to review the overall structure of the proposed revisions before the actual drafting begins. The Annotated Outline will set out the proposed structure of the ordinance amendments in detail, providing commentary explaining the purpose and scope of each new or amended provision. • 2. Diagnosis/Annotated Outline - Public Draft Page 7 of 12 After Clarion revises the staff draft, based on consolidated written • comments from staff, we will prepare a draft for public release. We will then convene meetings with the ZAC, and other bodies as may be appropriate, to discuss the Diagnosis/Annotated Outline and receive comments. The purpose of the meetings will be to overview and discuss the Diagnosis/Annotated Outline and receive input on the procedural, structural, and substantive issues that should be addressed in the revision effort. These meetings will be designed to gain consensus on the general scope of the issues to be addressed in the drafting of the new ordinance. This is a key step toward ensuring that the remainder of the process proceeds smoothly and effectively. PHASE 2 SUMMARY Consultant Responsibilities/Deliverables • Staff draft of Diagnosis/Annotated Outline • Public review draft of Diagnosis/Annotated Outline • Facilitate one meeting with the ZAC; additional meetings during trip Town Staff Responsibilities • Review staff draft of Diagnosis and Annotated Outline and provide consolidated written comments • Organize meetings of the ZAC and other entities/public (including notices) Schedule Completed by January 31, 2009 (assuming a September 1, 2008, project start date) C. Phase 3: Draft New Unified Development Code ■ Staff Drafts ■ Discussion Drafts ■ Design Testing (Optional) ■ Public Draft 1. Staff Drafts Based on the Diagnosis/Annotated Outline, Clarion will develop a new draft unified development code that is user-friendly and includes the agreed-upon substantive and procedural changes. The new ordinance will emphasize the use of graphics, tables, and charts to explain zoning and land use concepts. Areas that will benefit from illustrations will be noted, though actual illustrations won't be produced until language is refined in a later draft. The draft will include commentary where necessary to explain changes from current practice and the rationale behind new provisions. The preliminary draft will be intended for discussion and testing primarily among staff, the ZAC, and Clarion. Page 8 of 12 Because the new code will likely include a substantial amount of new • information, we recommend dividing the drafting process into three manageable installments: 1) procedures/administration; 2) zone districts and uses; and 3) development standards. The exact composition and schedule for the drafting can be determined in consultation with staff following the completion of the Diagnosis/Annotated Outline. Clarion will prepare a "staff draft" of each draft installment, which will be sent first to the planning staff and Town Attorney for review and comment. Each draft installment will be accompanied by a cover memorandum that summarizes major new features in the drafts, significant changes from current provisions, and explanations of the new material. Staff will consolidate and reconcile its comments on each installment and present them in written form to Clarion (this can be either an electronically or hand- written redlined copy, or in memo form, or both). 2. Discussion Drafts Based on staff comments, Clarion will produce a revised draft for distribution to the ZAC and other key stakeholders. The discussion draft will be a refinement of the preliminary drafts, but may include new alternative approaches if the original selected approaches are determined to be unsuccessful through testing and evaluation. We will hold meetings with the . ZAC on each of the three sections of the discussion draft. 3. Design Testing (Optional) The new code is expected to contain new content that could substantially impact development and re-development in Avon, and will introduce tools not currently in use in most areas of the town. As part of Phase 3, Clarion recommends testing the standards to demonstrate how various proposed development standards would actually be implemented in various neighborhoods, corridors, commercial areas, and other parts of the town. This would be done through the testing of proposed development standards on model site plans - ideally, plans of actual projects being proposed by local developers, or through projects recently approved by the town. The testing of model site plans would enable town staff and the community to better understand the practical implementation issues associated with proposed standards. • consuming. Therefore, we have suggested this as an optional step that is not included in the proposed budget. We would be happy to discuss the details of this approach, including a range of costs, during the project We support the inclusion of as much testing as possible; however, based on past experience, we know that testing can be both expensive and time- interview process. Page 9 of 12 4. Public Draft Based on comments received from staff, the ZAC, and other stakeholders, • we will revise the discussion drafts to create a final, consolidated draft of the new zoning ordinance (in Microsoft Word format) to be carried forward into the adoption process. This draft would include final versions of all illustrations. We would also prepare a final cover memorandum in a format that allows for comparisons between the current and proposed ordinance, summarizing all major changes. PHASE 3 SUMMARY Consultant Responsibilities/Deliverables • Prepare preliminary drafts of the new unified ordinance (in three installments) • Organize and facilitate testing of new standards (optional) • Prepare discussion drafts of the new unified ordinance (in three installments) • Prepare final draft of the new unified ordinance (one consolidated document) Town Staff Responsibilities • Organize meetings of ZAC, review bodies, and public (including notices) • Review ordinance drafts and provide consolidated written comments Schedule Completed by December 31, 2009 (assuming a September 1, 2008 project start date) D. Phase 4: Code Adoption Clarion will provide support, in the form of materials or presentation assistance, during the adoption process. Clarion members would be available for attendance at public workshops and/or hearings on the new code before the various review boards and Town Council. The proposed budget includes a set figure for such attendance, and Clarion would be available to attend additional meetings on a time and expenses basis. PHASE 4 SUMMARY Consultant Responsibilities/Deliverables • Participation in public hearings and workshops Schedule To be determined by Town and Consultant • Page 10 of 12 • • • Project Fee Phase Description Fee 1 Project Initiation and Analysis $25,000 2 Diagnosis and Annotated Outline $36,500 3 Draft New Land Development Code $103,500 4 Code Adoption $15,000 Project Total $180,000 Page 11 of 12 Exhibit B Schedule Town of Avon Unified Land Use Code Phase 1: Project Initiation and ❑ Town 1. Initial Review of Documents - A. Staff provides documents identified in scope ! B. Staff provides PUD documents and approvals Meeting Types: C. Staff organizes late September Project meetings with groups identified in Table 1, below A. Meeting with Project Team (2 hours) ' D. Clarion prepares Town documents 1 and presentation to P&Z Comm n 1 E. Clarion prepares survey for Town departments B. Prep with Staff and 2-3 hours with ZAC p C Presentation to Town Council 2. Initial Project Meeting with Staff - - - I I . D Half Day with Project Team Clarion meeting to review and discuss documents and rocesses ♦ ' M eti D . p . ng e 3. Review Public Particip ation. Strateg with Staff - " - - - - 4. Interviews with ZAC, Elected/Appointed Officials, 13 As scheduled by Staff Development Professionals, Neighborhood Organizations, following Task 2 and 3 Other groups as identified b Town meetin s Phase 2: Dia oosis and Annotated Outline 1. Diagnosis/Outline Staff Draft 1 1 A. Clarion prepares Dia nosis/Outline for staff review. B. Project Team Meeting to review draft Diagnosis/Outline Meet ing A, ~ C. Clarion revises draft Diagnosis/Outline per Project Team comments j E 2. DiagonsistOutline Public Draft _ F - [ A. Clarion and Project Team present Diagnosis/Outline to Town officials GI - Meeti ngs B and C B. Staff provides notice of meetings Phase 3: Draft New Land Development Code 1. Staff Drafts Module i A. Module 1: Procedures/Administration - Clarion drafts standards B. Project Team Meeting to review draft Module 1 Meeting A 2. Discussion Drafts Module 1 A. Clarion revises Module 1 per Project Team comments B. Meeting with ZAC/Town Council to review Module 1 Meetin s Band C '0 3. Staff Drafts Module 2 A. Module 2: Zone Districts and Uses - Clarion drafts standards B. Project Team Meeting to review draft Module 2 Meet ing A 4. Discussion Drafts Module 2 - A. Clarion revises Module 2 per Project Team comments B. Meeting with ZAC/Town Council to review Module 2 Meetin gs B and C 5. Staff Drafts Module 3 A. Module 3: Develo ment Standards - Clarion drafts standards E B. Project Team Meeting to review draft Module 3 1 Meeting A ` 1 6. Discussion Drafts Module 3 A. Clarion revises Module 3 per Project Team comments B. Meeting with ZAC1Town Council to review Module 3 1 Meetin _ gs B and C ❑ 1 7. Design Testing (Optional) A. Project Team and Clarion identify test projects Meeting Df B. Clarion reviews test projects and reports back to ZACITown Council Meeting 8. Public Draft A. Clarion Prepares Public Review Draft of Complete Regulations Adoption Support V Meeting C D❑ F- I L Page 12 of 12