TC Council Packet 09-10-2002Town Council Meetings
Roll Call Check Sheet
Date: a I ko ? °-'?-
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Judy Yoder
Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for
meeting roll call or to break a tie vote.
Seating arrangements from west to east: P. Buckley, Cuny, Reynolds, Yoder, McDevitt,
D. Buckley, Brown
Staff Present:
V Bill Efting
" Larry Brooks
John Dunn
Patty McKenny
Jacquie Halburnt
? Scott Wright
Jeff Layman
Norm Wood
Meryl Jacobs
Bob Reed
Harry Taylor
/ Ruth Borne
y' Other Staff
a-M. rvt,•K,?-c,,?a
IATown Clerk\Council\Packets\Council Meeting Check List.doc
To: Honorable Mayor and Town Council
From: Bill Efting, Town Manager
Date: September 5, 2002
Re: Manager's Update
1. Just a reminder that the Budget Retreat will be Tuesday, October Stn
2. Wednesday, September 18t' at 6:00 p.m. will be the date for our meeting with
merchants and citizens to discuss future revenues for Avon. Gary Severson of
NWCOG will facilitate the meeting.
3. You will be receiving the non-profit requests in your packets this week. There
will be presentations at the September 24t' work session.
4. Attached is a nice letter concerning Community Development Staff.
5. I will be leaving after the Council Meeting on the 10t' for South Dakota. I will be
back for the September 18"' meeting.
EAGLE COUNTY ASSESSOR
Jody Caruthers
(970) 328-8640
Fax: (970) 328-8679
TDD (970) 328-8797
August 19, 2002
Ruth Borne
Town of Avon
P.O. Box 975
Avon, CO 81620
Ms. Borne,
I am writing regarding the assistance and support the assessor's appraisal staff
has received from Jennifer Thompson and Tanby Katieb of the Community
Development Department. The information we receive from the town; ie. building
permit lists, blue prints and new development information, as you are aware, is
essential in the valuation process. Without this information, tax revenues could be
lost to the Town of Avon.
Several appraisers met with Jennifer recently and were relieved to discover that
your office is willing to continue with the information sharing agreement we have in
place. Tanby has continued to share information with us on new projects and
developments in town during the interim. Presently our office provides the town
with an updated property ownership CD. We are also prepared to share any other
information that may be pertinent to the town as well.
We thank you for your cooperation and look forward to working with you and your
staff. If we can provide any additional information please do not hesitate to
contact our office.
EAGLE COUNTY, COLORADO
Eagle County Assessor
Eagle County Building
P.O. Box 449
500 Broadway
Eagle, Colorado 8 1 63 1-0449
Sincerely
or Ch
Deputy Assessor
Eagle County
'We V C a-ra -
COLORADO ASSESSORS ASSOCIATION
AAO
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APPQAISALS
COLORADO ASSOCIATION OF TAX APPRAISERS
International Association of Assessing Officers
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, WILL BE HELD SEPTEMBER 10, 2002, AT 4:15 PM
IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR
THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING:
4:15 P.M. - 4:30 P.M 1) Eagle River Water and Sanitation District - Odor
Control Improvements (Pete Miller)
4:30 P.M. - 4:45 P.M. 2) Election Guidelines (John Dunn)
4:45 PM - 5:00 PM 3) East Avon Access & Circulation Schedule (Norm
Wood)
5:00 PM - 5:20 PM 4) Staff Updates
Consent Agenda Questions
Council Committee Updates
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL
THIS MEETING IS OPEN TO THE PUBLIC.
TOWN OF AVON, COLORADO
BY: Q'ali ?
P tty cKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
SEPTEMBER 6,2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
IATown Clerk\Council\Agendas & Worksessions\Agenda-Worksession.doc
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager -
From: Ruth Borne, Director of Community Development ?Of- a
Date August 5, 2002
Re: Appeal to Town Council of Planning and Zoning Commission Final
Design decision on September 3, 2002 for the Facade Improvements
on Wal-Mart
Background
On August 20, 2002, the Planning and Zoning Commission tabled the application for the
facade improvements for Wal-Mart to allow the applicant to revise the color scheme and
application to include the arches and stone columns consistent with the rest of Chapel
Square.
On September 3, 2002, LB Chapel Square LLC ("Appellant") chose not to revise the fagade
improvements because of the financial considerations associated with the arches on the
Wal-Mart facade combined with the stucco and painting improvements proposed for Chapel
Square.
The Planning and Zoning Commission approved the final design for the Wal-Mart fagade
with the condition that the arches and stone columns be added except on the west
elevation of the building. In response, the appeal was filed to relieve the Appellant of the
condition to add the arches and stone columns and uphold the design as proposed.
Summary
Section 17.12.110 of the Avon Municipal Code governs appeals to the Town Council from
decisions of the Planning and Zoning Commission.
17.12.110 Appeal to town council.
A. A decision of the planning and zoning commission may be appealed to
the town council by the applicant or any aggrieved person or at the
request of the mayor at any time before the decision becomes final.
B. Not more than thirty days following the filing of an appeal, the town
council shall review the action of the planning and zoning commission.
The town council shall, in writing, confirm, modify or reverse the decision
of the commission within thirty days following the commencement of
review. If it deems insufficient information is available to provide the
basis for a sound decision, the town council may postpone final action
Memo to Town Council, August 5, 2002 Page 1 of 2
WalMart Fagade Improvements
for not more than thirty additional days. Failure of the council to act
within thirty additional days shall be deemed a granting of the approval,
unless the applicant consents to a time extension.
C. Any decision by the town council which results in disapproval of the
planning and zoning commission decision shall specifically describe the
reasons for disapproval. (Ord. 91-10 §1 (part)).
Staff Recommendation: Staff recommends Council approve the appeal of the
condition requiring the arches and stone columns and approve the final design as
proposed.
Town Manager Comments: WC n 6 +i, 5 5 •l?? o ? ?? ?
;,-N -1 1 LA t w(? vk Sr
Attachments:
A. Draft Minutes of Planning and Zoning Commission Meeting - September 3, 2002
B. Final Design Staff Report for Chapel Square- Wal-Mart Facade Improvements
C. Appeal filed by Braun Associates
Memo to Town Council, August 5, 2002 Page 2 of 2
WalMart Fagade Improvements
DRAFT
Minutes of Planning & Zoning Commission
September 3, 2002
6:00 PM
Council Chambers
Town of Avon Municipal Building
400 Benchmark Road
AGENDA
1. Call to Order
The meeting was called to order at 6:05 PM.
II. Roll Call
All commissioners were present with the exception of Commissioner Wolfe.
III. Additions and Amendments to the Agenda
There were no amendments to the agenda.
IV. Conflicts of Interest
There were no conflicts of interest.
V. Consent Agenda
The Meeting Minutes from the August 20, 2002 Planning & Zoning Commission were
approved unanimously. Chairman Evans made a motion to move the following three Final
Design projects to the consent agenda:
1. Lot 47A, Block 1, Wildridge Subdivision
2. Lot 47C, Block 1, Wildridge Subdivision
3. Lot 33, Block 2, Wildridge Subdivision
Commissioner Karow motioned for approval of the consent agenda, Commissioner Smith
seconded. The motion passed unanimously.
Beth Christiansen, a member of the public spoke on behalf of Linda Ouring, the property
owner of Lot 35, Block 1, Wildridge, which is directly behind project 47A and 47C, Block 1,
Wildridge. Beth noted that Linda has been unable to sleep and eat since the project has
begun. She feels she should have been contacted personally before work started in her
back yard. She also expressed concerns with the deer that habitually migrate through the
yard. She is upset that there is development on this lot, for had she know this, she would
have purchased the land many years ago. Linda came up to speak as well commenting
that she has been deeply disturbed spiritually and can hardly stand to be in her house now
that all of this development is taking place. Commissioner Evans thanked Beth and Linda for
their comments and agreed that people should be better informed. He noted that maybe it
would be a good idea to post notices on adjacent properties prior to building in addition to
posting the sign on the lot and sending letters certified mail.
VI. Final Design
A. Lot 47A, Block 1 Wildridge
Single Family Home
Applicant: Tom Marcin [Tab 2]
Moved to Consent Agenda.
B. Lot 47C, Block 1 Wildridge
Single Family Home
Applicant: Mike Dantas [Tab 3]
Moved to Consent Agenda.
C. Lot 33, Block 2, Wildridge
Single Family Home
Applicant: Andrew Abraham [Tab 4]
Moved to Consent Agenda
VII. Conditions of Final Design Approval
Chapel Square PUD Modifications to Final Design
Proposed colors and Wal-mart fagade
Applicant: Timberline Management [Tab 5]
Ruth Borne, Director of Community Development gave a brief presentation on the file and
noted that the fagade and the paint could be treated as two separate applications and the
commission had the right to make two separate motions. It was noted that Commissioner
Macik could not vote on the colors because he was not at the 5:30pm work session.
Tom Braun of Braun Associates gave brief presentation showing some colors of green and
beige that were painted on the backside of Wal-Mart. Commissioner Karow noted he is fine
with the color selection.
Commissioner Him feels the colors are too light and wants to make the lightest color darker
with a more beige tint. He wants to get more a theme of colors to blend from the roof down
to the green colored base.
Commissioner Smith agreed that the colors were too light and would prefer to see a color
similar to the Starbucks building.
Commissioner McClinton would also like to see something more visual. Chairman Evans
feels the color choices are down to one color. Commissioner Him would like to get a poster
board with selections of base colors to be posted on Chapel Square to decide on the color.
Commissioner Macik commented that the colors didn't really look good once they were
painted on the building. He wants the colors to be as neutral as possible trying to adjust the
lower and upper colors so they are not so shocking. Chairman Evans doesn't want to hold
anyone up; he noted that everyone would be comfortable with a color choice if they see it
first painted on some portion of the building.
Commissioner Smith made a motion to decide at the next meeting Commissioner Karow
seconds. Mr. Braun addressed the Commission and asked if they posted colors before the
up coming Council meeting, would P&Z be willing to provide feed back. Chairman Evans
noted that the Commission would be willing to provide feedback to any new colors that were
painted on the building. The applicant will be responsible for notifying staff, which in turn will
contact P&Z to review the colors. Commissioner Smith made a motion to table the color
selection until the P&Z meeting on September 17, 2002. Commissioner McClinton
seconded the motion. The motion to table until the next meeting passed unanimously.
Commissioner Macik abstaining from the vote, because he was not present for the on site
mock-up.
The next issue was the facade improvements to Wal-Mart. Commissioner
McClinton noted that there should have been fines levied against the applicant but they
were willing to waive those in an effort to help support the project. However he would like to
see the complete arcade for the fagade improvements. He is in favor of an arcade that ties
into building A from Wal-Mart. Commissioner Smith agreed as well.
Commissioner Him requested that the archways be included in the fagade improvements
and Commissioner Macik agreed that the original submittal showing the arcade should be
the one that is constructed.
Commissioner Karow asked staff if P&Z denies the applications, could Council overrule?
Chairman Evans points out we have to operate within the guidelines and zoning code. Ms.
Borne responded by saying the applicant can appeal to Council. Commissioner Karow
doesn't feel comfortable with this action. Chairman Evans agrees.
Commissioner Karow again asked staff if the applicant could appeal an approval, Ms. Borne
said it is possible. Ms. Borne noted that the Town is very concerned about the appearance
should the building become vacant. Chairman Evans agreed and said it is in the best
interest and anticipate the worst in order to protect the future of the building.
Chairman Evans says the next step is to find a front fagade that works and matches Chapel
Square. Commisioner Smith motioned to approve a facade improvement with arches and
stone columns that connect with Building A. Commissioner Karow seconded the motion.
The motion passed. Commissioner McClinton denied the motion.
VIII. Staff Approvals
A. Minor Project Approvals:
a. Landscaping Improvements
Lot 17, Block 2, Wildridge
Stonebriar Townhomes
Ruth Borne gave a brief presentation noting the applicant was proposing to build a berm in
response to the new duplex being built adjacent to his property. Staff recommends approval
of this project.
b. Propose Garage Extension
Lot 42B, Block 2, Wildridge
Garage Extension (Denied)
Ruth Borne gave a brief presentation noting that the applicant would like to extend their
garage. The current property has a variance to be within the 25-foot setback. Chairman
Evans supported the decision.
IX. Other Business
Commissioner Smith noted she has not received a paycheck from one of her meetings.
Ms. Borne noted she would address the issue with finance and report back to P&Z.
Commissioner Smith also commented that Lots 47A and C, Block 1, WR began working
before 7:00am on Saturday, August 31, 2002.
IX. Adjourn
Commissioner Karaw motioned to adjourn. The motion was seconded by Commissioner
McClinton and passed unanimously. The meeting was adjourned at 7:45pm.
Respectfully Submitted,
Wally Sheata, Planning Technician
APPROVED:
Chris Evans
Chairman
Mike McClinton
Secretary
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager ? -
From: Ruth Borne, Director of Community Development yJ, a
Dale August 5, 2002
Re: Appeal to Town Council of Planning and Zoning Commission Final
Design decision on September 3, 2002 for the Facade Improvements
on Wal-Mart
Background
On August 20, 2002, the Planning and Zoning Commission tabled the application for the
facade improvements for Wal-Mart to allow the applicant to revise the color scheme and
application to include the arches and stone columns consistent with the rest of Chapel
Square.
On September 3, 2002, LB Chapel Square LLC ("Appellant") chose not to revise the fagade
improvements because of the financial considerations associated with the arches on the
Wal-Mart facade combined with the stucco and painting improvements proposed for Chapel
Square.
The Planning and Zoning Commission approved the final design for the Wal-Mart fagade
with the condition that the arches and stone columns be added except on the west
elevation of the building. In response, the appeal was filed to relieve the Appellant of the
condition to add the arches and stone columns and uphold the design as proposed.
Summary
Section 17.12.110 of the Avon Municipal Code governs appeals to the Town Council from
decisions of the Planning and Zoning Commission.
17.12.110 Appeal to town council.
A. A decision of the planning and zoning commission may be appealed to
the town council by the applicant or any aggrieved person or at the
request of the mayor at any time before the decision becomes final.
B. Not more than thirty days following the filing of an appeal, the town
council shall review the action of the planning and zoning commission.
The town council shall, in writing, confirm, modify or reverse the decision
of the commission within thirty days following the commencement of
review. If it deems insufficient information is available to provide the
basis for a sound decision, the town council may postpone final action
Memo to Town Council, August 5, 2002 Page 1 of 2
WalMart Facade Improvements
DRAFT
Minutes of Planning & Zoning Commission
September 3, 2002
6:00 PM
Council Chambers
Town of Avon Municipal Building
400 Benchmark Road
AGENDA
1. Call to Order
The meeting was called to order at 6:05 PM.
II. Roll Call
All commissioners were present with the exception of Commissioner Wolfe.
III. Additions and Amendments to the Agenda
There were no amendments to the agenda.
IV. Conflicts of Interest
There were no conflicts of interest.
V. Consent Agenda
The Meeting Minutes from the August 20, 2002 Planning & Zoning Commission were
approved unanimously. Chairman Evans made a motion to move the following three Final
Design projects to the consent agenda:
1. Lot 47A, Block 1, Wildridge Subdivision
2. Lot 47C, Block 1, Wildridge Subdivision
3. Lot 33, Block 2, Wildridge Subdivision
Commissioner Karow motioned for approval of the consent agenda, Commissioner Smith
seconded. The motion passed unanimously.
Beth Christiansen, a member of the public spoke on behalf of Linda Ouring, the property
owner of Lot 35, Block 1, Wildridge, which is directly behind project 47A and 47C, Block 1,
Wildridge. Beth noted that Linda has been unable to sleep and eat since the project has
begun. She feels she should have been contacted personally before work started in her
back yard. She also expressed concerns with the deer that habitually migrate through the
yard. She is upset that there is development on this lot, for had she know this, she would
Commissioner McClinton would also like to see something more visual. Chairman Evans
feels the color choices are down to one color. Commissioner Him would like to get a poster
board with selections of base colors to be posted on Chapel Square to decide on the color.
Commissioner Macik commented that the colors didn't really look good once they were
painted on the building. He wants the colors to be as neutral as possible trying to adjust the
lower and upper colors so they are not so shocking. Chairman Evans doesn't want to hold
anyone up; he noted that everyone would be comfortable with a color choice if they see it
first painted on some portion of the building.
Commissioner Smith made a motion to decide at the next meeting Commissioner Karow
seconds. Mr. Braun addressed the Commission and asked if they posted colors before the
up coming Council meeting, would P&Z be willing to provide feed back. Chairman Evans
noted that the Commission would be willing to provide feedback to any new colors that were
painted on the building. The applicant will be responsible for notifying staff, which in turn will
contact P&Z to review the colors. Commissioner Smith made a motion to table the color
.selection until the P&Z meeting on September 17, 2002. Commissioner McClinton
seconded the motion. The motion to table until the next meeting passed unanimously.
Commissioner Macik abstaining from the vote, because he was not present for the on site
mock-up.
The next issue was the fagade improvements to Wal-Mart. Commissioner
McClinton noted that there should have been fines levied against the applicant but they
were willing to waive those in an effort to help support the project. However he would like to
see the complete arcade for the fagade improvements. He is in favor of an arcade that ties
into building A from Wal-Mart. Commissioner Smith agreed as well.
Commissioner Him requested that the archways be included in the fagade improvements
and Commissioner Macik agreed that the original submittal showing the arcade should be
the one that is constructed.
Commissioner Karow asked staff if P&Z denies the applications, could Council overrule?
Chairman Evans points out we have to operate within the guidelines and zoning code. Ms.
Borne responded by saying the applicant can appeal to Council. Commissioner Karow
doesn't feel comfortable with this action. Chairman Evans agrees.
Commissioner Karow again asked staff if the applicant could appeal an approval, Ms. Borne
said it is possible. Ms. Borne noted that the Town is very concerned about the appearance
should the building become vacant. Chairman Evans agreed and said it is in the best
interest and anticipate the worst in order to protect the future of the building.
Chairman Evans says the next step is to find a front fagade that works and matches Chapel
Square. Commisioner Smith motioned to approve a facade improvement with arches and
stone columns that connect with Building A. Commissioner Karow seconded the motion.
The motion passed. Commissioner McClinton denied the motion.
Staff Report
AVON
FINAL DESIGN C 0 L 0 R A D 0
September 3, 2002 Planning & Zoning Commission meeting
Report date August 30, 2002
Project type Amendment to approved color scheme
Reconfigured fagade for WalMart Building
Legal description Lots 22, 22A, Tracts A, B1, & B2, Block 2, BMBC
Subdivision (Chapel Square PUD)
Zoning PUD
Address 220 & 240 Chapel Square Place
Introduction
The new owner of Chapel Square, LB Chapel Square LLC (hereinafter referred to as "Owner"),
is seeking approval for a fagade improvement to the Walmart Building (Tract B-1). The new
fagade is being proposed as a combination of a repaint of the existing CW walls, an extension
of the E.I.F.S cornice from Building A along the front wall of the building, and the addition of
cast stone pilasters along the front fagade. The stone pilasters have a relief of approximately 10
inches. The end stone pilaster does turn the corner to the west elevation for approximately ten
feet, and is proposed with a faux E.I.F.S arched window approximately four by seven feet in
dimension.
The Owner is also proposing a new comprehensive color scheme for the entire Chapel Square
project including the WalMart building and is anticipating repainting this project (and covering
all the existing "Hardi Board" with an E.I.F.S. stucco) by January of 2003. The colors proposed
are Tony Taupe (dark tan), Rosemary (Green), and Accessible Beige (light tan). Photo
simulations as well as a mockup (on the rear of the WalMart building) are available for your
review.
This application was tabled to this meeting in order to allow time for the applicant to paint a
larger mockup area for review, as well as to explore options regarding further refinement of the
proposed fagade improvements.
Design Review Considerations
According to the Town of Avon Residential Commercial and Industrial Design Review
Guidelines, Section 7, the Commission shall consider the following items in reviewing the
design of this project:
1. The conformance with setbacks, massing, access, land use and other provisions of the
Town of Avon Zoninst Code.
The project conforms to all setbacks, massing, access, land use, and other provisions of the
Town of Avon Zoning Code. However, the current requirement for the fayade improvement
Fax (970) 949-5749
Town of Avon Community Development (970) 748-4030
Lot 22,22A, Tracts A, B-1, B2, Block 2, BMBC Subdivision, Chapel Square Final Design Modifications -,
September 3, 2002, Planning & Zoning Commission meeting Page 3 of 3
original fagade deadline (October 29, 2001) as required in the original PUD approval will
be assessed and retroactive to that date per Town Code Section. 17.40.010 (B).
4. Except as otherwise modified by this permit approval, all material representations made
by the applicant or applicant representative(s) in this application and in public hearing(s)
shall be adhered to and considered binding conditions of approval.
If you have any questions regarding this project or any planning matter, please call me at
748-4002, or stop by the Community Development Department.
Respectfully submitted,
Tambi Katieb, AICP
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
08/14/2002 22:39 970-926-7576 bKAUN HZDSUUlr41tZD r"%Ir- uc
• Base of 8u?Iding (rear of building) - Rosemary
• Upper portion of bu?Id?ng (all elevations) - Acce551121e Beige
• Recessed areas on upper stories - Tony Taupe
• Cornice - Rosemary
• Window trim and rails - Remain as existing - Rookwood Shutter Green
Building C (smaller Chapel Square Build?ng)=
• Base of building (lower half front and 5?de5) - Tony Taupe
base of Building (rear of building) - Rosemary
• Upper portion of building (all elevations) - Acces51ble 6e?ge
• Recessed areas on upper 5tor?e5 - Tony Taupe
Cornice - Rosemary
• Window trim and rails - Pcma?n as existing - Rookwood 5hutter Green
Ex?st?ng Retail 6u?Id?ng (small bu?Idmg ?n front of Wal-Mart)
Base of building (lower half) - Tony Taupe
Upper portion of building - Accessible Beige
• Cornice - Rosemary
I hope this helps you with your review of the mock-up. weillpremain as ex st?g rThe Wal-
Mart ?s a correct sample except for the dec
Mart photo ?5 incorrect due to the new fagade treatment.
5?n e y,
Dominic P. Mauriello, AICP
C: Greg Ga5tmeau
rACT CTnfIC Tn A/ATrw
Community Development
PILASTER ELEVATION
SCALE:1/2" = 1'-0"
6'---0'
ll? - AUG 2 0 2002
09104/2002 01:42 970-926-7576 BRAUN ASSOCIATES PAGE 02
RAI ARRAUN AS
IATES. III `C.
PLANNING and COMMUNITY DEVELOPMENT
September 4, 2002
Ruth Borne
Community Development Director
Town of Avon
PO Box 975
Avon, CO S 1 620
Re: Chapel Square Facade Improvements
Dear Ruth:
The purpose of thl5 letter 15 to appeal the deci5lon 5eptember 3, 2002 Planning
Commi55ion decision regarding our proposed amendments to the facade improvement5
to Wal Mart. It 15 our under5tanding that this appeal can be con5iclered by the Town
Council at their September 10th meetincg.
Thank you for your a5515tance with this matter. Do not hesitate to contact me with any
aue5tlon5 you may have.
51ncer ,
Thomas A Braun, AICP
Cc: Kevin Deighan
Ph. - 970.926.7575
Edwards Village Cerner, Suite C-209 Fax - 970,97.6.7576
0105 Edwards Village Boulevard www.braunassociates.com
Post Office Box 2658
Edwards, Colorado 81632
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Ruth Borne, Director of Community Development,
Date September 6, 2002
Re: Second Reading of Ordinance 02-19, An Ordinance Amending the Chapel
Square PUD for Lots 22, 22A, 22B, Tract A, B-1, B-2, Block 2, Benchmark at
Beaver Creek Subdivision
PUBLIC HEARING
Summary
The applicant, LB Chapel Square LLC, has submitted a PUD amendment to amend the
Chapel Square PUD to remove `Note 16' and replace it with the note as outlined in the
Ordinance, and to remove the `Chapel' designation from the zoning documents to allow for
the construction of a loading dock to serve Building C.
The Planning and Zoning Commission recommended approval of this PUD Amendment on
August 20, 2002 with five conditions as attached on Resolution 02-10, including the
assessment of fines. Staff is recommending four conditions as outlined in Ordinance 02-19,
and not recommending fines unless a new facade is not constructed in a timely manner.
Recommendation
Staff recommends that the Town Council pass Ordinance 02-19, amending the Chapel
Square PUD as recommended in the conditions.
Proposed Motion
" I move to approve Ordinance 02-19, approving an Amendment to the Chapel Square PUD
for Lots 22, 22A, 22B, and Tracts A, B-1, B-2, Block 2, Benchmark at Beaver Creek
Subdivision, Town of Avon, Eagle County, Colorado. "
Town Manager Comments
Attachments:
A. Ordinance 02-19
B. Planning and Zoning Commission Staff Report
C. Planning and Zoning Commission Resolution 02-10
Memo to Town Council, September 6, 2002 Page 1 of 1
Ordinance 02-19, Chapel Square PUD Amendment
Staff Report
PUD
VON
C O L O R A D O
August 6, 2002 Planning & Zoning Commission meeting
Report date
Project type
Legal description
Current zoning
Address
Introduction
July 31, 2002
PUD Amendment
Lots 22, 22A, Tracts A, B1, & B2, Block 2,
BMBC Subdivision (Chapel Square PUD)
PUD
220 & 240 Chapel Square Place
The new owner of Chapel Square, LB Chapel Square LLC (hereinafter referred to as "Owner"),
is seeking several amendments to the existing PUD. The most significant amendment requested
is to remove a condition placed on the original approval that required the fagade of WalMart to
be completed in the same style as the rest of the project within two years after the first
Temporary Certificate of Occupancy being issued for the property. The deadline for completing
the fagade improvements was October 29, 2001.
Additionally, the Owner is seeking an amendment to the Chapel parcel to reconfigure the site to
accommodate four additional parking spaces and a loading area to benefit Building C.
Finally, the Owner is proposing a new comprehensive color scheme for the entire Chapel Square
project including the WalMart building and is anticipating repainting this project by November
of this year. Though this portion of the application is a modification to the final design approval,
proposed colors have been submitted with the PUD amendment application for your review.
PUD Design Criteria
According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as
the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate
that submittal material and the proposed development plan comply with each of the following
design criteria, or demonstrate that one or more of them is not applicable, or that a particular
development solution is consistent with the public interest.
1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives.
The planned amendments generally conform to the Comprehensive Plan goals and
objectives, in particular:
Goal A1(c): Identify parcels of land upon which the existing land use is inappropriate, and
promote their redevelopment.
The required fagade improvements may not be appropriate as previously approved, since the
future building configuration and occupants are yet unknown. Staff is requiring the Owner
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 22, 22A, Tract A, B1, & 132, olock 2, BMBC Subdivision, Chapel Square PLS. Amendments
August 6, 2002 Planning & Zoning Commission meeting Page 2 of 4
proceed with a facade and other architectural elements that tie the building into the existing
Chapel Square PUD within the next two (2) years. The Town will require degrees of
protection that the final building configuration will be in compliance with Chapel Square.
Goal I: Ensure that a high quality visual image of the Town is established through both public
and private sector activities.
The requirement of a facade on the WalMart building is an appropriate measure to protect the
visual quality of the Chapel Square PUD. Staff believes that with the specific conditions
outlined herein, the facade improvements can be delayed without undue damage to either the
Town or the Owners.
2. Conformity and compliance with the overall design theme of the town, the sub-area
design recommendations and design guidelines of the Town.
The proposed changes comply with the overall design theme of the Town only if a facade or
other arcade arrangement is constructed concurrently with any building permits being issued
for the Wa1Mart building. To remove the requirement of a facade without requiring the
Owner to construct this building in a manner consistent with the remainder of the Chapel
Square PUD is not acceptable and conflicts with the design theme of this project.
3. Design compatibility with the immediate environment, neighborhood, and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character, and orientation.
The proposed PUD amendments should continue to be compatible with the immediate
environment and design. The final colors and the proposed loading dock must be reviewed
under separate application for final design approval.
4. Uses, activity, and density provide a compatible, efficient, and workable relationship
with surrounding uses and activity.
The proposed uses and density continue to provide a compatible, efficient, and workable
relationship with the surrounding uses and activities. The deletion of the proposed chapel
from the project as a `use by right' is acceptable, since the Town did not require this chapel
to be constructed through the original PUD approval.
5. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
The proposed amendments should not affect any natural or geologic hazards that may exist
on the PUD.
6. Site plan, building design and location and open space provisions designed to produce a
functional development responsive and sensitive to natural features, vegetation and
overall aesthetic quality of the community.
The proposed revisions to the site plan can be partially supported as a loading dock only, and
should produce a more functional access plan for Building C.
7. A circulation system designed for both vehicles and pedestrians addressing on and off
site traffic circulation that is compatible with the Town Transportation Plan.
The circulation system as proposed, with several minor modifications, appears compatible
with the Town Transportation Plan.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 22, 22A, Tract A, B 1, & B2, ijlock 2, BMBC Subdivision, Chapel Square PL, Amendments
August 6, 2002 Planning & Zoning Commission meeting Page 3 of 4
8. Functional and aesthetic landscaping and open space in order to optimize and preserve
natural features, recreation, views and function.
Landscaping and open space are not issues of this PUD amendment.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient
relationship throughout the development of the PUD. The phasing plan shall clearly
demonstrate that each phase can be workable, functional and efficient without relying
upon completion of future project phases.
The phasing plan and subdivision plan will remain functional and efficient, and the proposed
PUD amendments do not appear to affect these items.
10. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks, and police and fire protection.
Adequate public services are already in place for the entire Chapel Square PUD project. The
proposed PUD amendments do not affect public services.
11. That the existing streets and roads are suitable and adequate to carry anticipated
traffic within the proposed PUD and in the vicinity of the proposed PUD.
The proposed PUD amendments do not appear to affect the existing road network servicing
the project.
12. Development Standards
The only development standard potentially affected by the proposal is the minimum
landscaping area, which will need to be specifically identified when the new loading dock
area is submitted as a design (minor modification) and building permit.
Additionally, the deletion of the `church' and subsequent clarification on the "Uses By
Right" chart must be recorded on a revised PUD mylar, as will the modification of the
current fagade improvement requirement.
Staff Comments
Staff supports revising the facade improvements requirements in light of the new ownership and
potential reconfiguration of the WalMart building, both items which were unknown to us during
the original PUD approval. This revision is recommended only if the conditions as outlined by
staff for the new fagade configuration are required, which include specific requirements for the
issuance of certificate of occupancies, and further guarantee on the timing of improvements
within 2 years of the PUD approval. These conditions should guarantee the Town that a revised
architectural fagade will occur on the building or building site that conforms to both Town
design guidelines and the existing Chapel Square project, while at the same time allowing the
Owner and potential tenants the flexibility to redesign the building to accommodate a variety of
uses.
The proposed parking and loading dock to Building C will require civil drawings to determine
whether or not it is functional; however at this time, we would support the use of this area as a
loading dock. We recommend the PUD mylars identify only a loading dock and continue review
of this proposal through a formal design review process.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 22, 22A, Tract A, B1, & B2, flock 2, BMBC Subdivision, Chapel Square Yu" Amendments
August 6, 2002 Planning & Zoning Commission meeting Page 4 of 4
Finally, the proposed colors should be reviewed on-site as a scale mockup to determine whether
or not they work in context of the building style and setting. This item will be officially handled
as a modification to final design.
Recommended Motion
Approve Resolution 02-10, recommending to the Town Council approve with conditions the
Chapel Square PUD Amendment, Lots 22, 22A, Tract B-l, and Tract B-2, Block 2, Benchmark
at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado with the following
conditions:
1. The existing Chapel Square PUD Note 16, under Uses regarding the completion of the
WalMart facade be replaced with:
16. The existing colors shall be repainted for the entire project on or before December 1, 2002,
as formally approved through the design review process by the Planning and Zoning
Commission.
a. In the event that any new tenant occupies the existing WalMart building after
WalMart has vacated the structure, the Planning & Zoning Commission prior to
the issuance of any permit, including signage, must approve the arcade and related
improvements. The improvements must be completed prior to The improvements
must be completed prior to any occupancy or the issuance of a certificate of
occupancy.
b. In no event shall the existing WalMart building maintain only the repainting
improvements specified in Note 16 longer than eighteen (18) months from the
date of the PUD Amendment approval. The owner must submit a design review
application to the Town and proceed with facade improvements within two (2)
years from the date of this PUD Amendment."
2. The revised color scheme must be approved through a modification to final design,
including an on-site mockup to be reviewed and approved by the Planning and Zoning
Commission.
3. The final location, dimension, and details of the proposed loading dock to service
Building C will be reviewed and approved through the design review process. This will
require hard-line drawings to scale, and a recalculation of the available landscaping area
for the entire project.
4. The PUD mylars will be revised to delete the proposed `Chapel' from Lot 22A, as well as
revise the `Uses by Right' chart to indicate whether or not `Churches' is a use by right.
5. Except as otherwise modified by this permit approval, all material representations made
by the applicant or applicant representative(s) in this application and in public hearing(s)
shall be adhered to and considered binding conditions of approval.
If you have any questions regarding this project or any planning matter, please call me at 748-
4030, or stop by the Community Development Department.
Respectfully submitted,
Tambi Katieb, AICP
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Staff Report
SIGN DESIGN AVON
C O L O R A D O
August 6, 2002 Planning & Zoning Commission meeting
Report date August 2, 2002
Sign type Master Sign Program Amendment
Legal description Lot 22, 22A, Tracts A, B-l, B-2, Block 2, Benchmark at
Beaver Creek Subdivision
Zoning Planned Unit Development (PUD)
Address 220 and 240 Chapel Place
Introduction
The applicant, Timberline Commercial Real Estate, is proposing a Master Sign Program (MSP)
Amendment to the Chapel Square Master Sign Program. They are requesting to change the
existing bronze faces and white lettering to colored letters with a white backing. Currently, they
are limited to only white letters carved into a bronze backdrop. They would also like to amend
the temporary sign code so banners would be permitted to comply with the Town of Avon
regulations.
In addition, they are proposing to add an additional tenant to the freestanding Outback
Steakhouse sign on the North side of the property (adjacent to I-70), if one new tenant leases the
Wal-Mart building. The original MSP allows for a second tenant on the North Monument sign,
therefore there is no need for this Amendment. Prior to the second tenant installing the North
Monument sign, a sign permit will be required to be submitted to the Town for approval.
Design Review Considerations
According to the Town of Avon Sign Code, Section 15.28.070, the Planning & Zoning
Commission shall consider the following items in reviewing proposed designs:
1. The suitability of the improvement, including materials with which the sign is to be
constructed and the site upon it is to be located.
The material with which the signs are to be constructed is a metal cabinet sign with Plexiglas
faces, which are discouraged by the Town of Avon sign design guidelines. The locations of
the new signs are to be in the same location as the existing signs and will remain on the first
floor only. The sizes of the signs are to remain unchanged thus keeping with the scale of the
building.
Town of Avon Community Development (970) 949-4280 Fax (970) 949-5749
Lot 22, 22A, Tracts A, B-1, B-2, Block 2, BMBC Subdivision, Sign Design
August 6, 2002 Planning & Zoning Commission meeting Page 2 of 3
2. The nature of adjacent and neighboring improvements.
The existing Wal-Mart and City Market signs are pan channel signs mounted directly to the
building's exterior.
3. The quality of the materials to be utilized in any proposed improvement.
The Plexiglas material proposed for the lettering complies with the Town of Avon sign
design guidelines, although it is inconsistent with the existing tenant signs on Chapel Square.
4. The visual impact of any proposed improvement, as viewed from any adjacent or
neighboring property.
There will be adverse visual impact to the adjacent and neighboring property owners due to
the increased light pollution from the white faces. While the signs will now be allowed to
have color, the white backing will create greater light pollution. This could pose a concern
for the residents of Chapel Square who face North and West, as they will have to deal with
the additional light through their windows.
5. The objective that no improvement will be so similar or dissimilar to other signs in the
vicinity that values, monetary or aesthetic, will be impaired.
The proposed MSP creates the potential for inconsistency among signs. Some tenants may
choose the white face and colored letters while others will choose to keep the existing bronze
backing. This will create a visual imparity that is not architecturally harmonious with the
entire structure as a whole. These types of signs are not encouraged by the Town of Avon,
and therefore are not generally located in the Town of Avon core business district.
6. Whether the type, height, size, and/or quality of signs generally complies with the sign
code, and are appropriate for the project.
The height and size of the signs are appropriate. The white backing is not in compliance with
the sign design guidelines set forth by the Town of Avon. The white backing on the signs is
not appropriate for a building that has residential tenants. The white backing will create
undue light pollution to these units and cause the architectural harmony of the building to be
compromised.
7. Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether
the sign is appropriate for the determined orientation
The signs will be primarily oriented to pedestri an traffic, yet they will serve as an identifier
for vehicular traffic as well.
Staff Recommendation
Staff recommends approval of this project with the following conditions:
1. Tenants are allowed to use colored letters with the existing bronze facing. White facing
is specifically not permitted.
2. The addition of a second tenant on the North Monument sign will require a sign permit to
be submitted to and approved by the Town.
Town of Avon Community Development (970) 949-4280 Fax (970) 949-5749
Lot 22, 22A, Tracts A, B-1, B-2, Block 2, BMBC Subdivision, Sign Design
August 6, 2002 Planning & Zoning Commission meeting Page 3 of 3
3. Except as otherwise modified by this permit approval, all material representations made
by the applicant or applicant representative(s) in this application and in public hearing(s)
shall be adhered to and considered binding conditions of approval.
If you have any questions regarding this project or any planning matter, please call me at
748.4413, or stop by the Community Development Department.
submitted
i
Tambi Katieb
Town of Avon Community Development (970) 949-4280 Fax (970) 949-5749
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 02-10
SERIES OF 2002
A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF
AVON APPROVAL OF A PUD AMENDMENT TO THE CHAPEL SQUARE PUD FOR
LOTS 22,22A, TRACTS A, B1 & B2, BLOCK 2, BENCHMARK AT BEAVER CREEK
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, LB Chapel Square LLC, has applied for an amendment to Lots 22,22A, Tract
A, B 1 & B2, Block 2, Benchmark at Beaver Creek Subdivision, to amend the Chapel
Square PUD to remove `Note 16' and replace it with the note as outline in the condition,
and to remove the `Chapel' designation from the zoning documents; and
WHEREAS, after notices required by law, a public hearing on said application was held by
the Planning & Zoning Commission of the Town of Avon; and
WHEREAS, said application is consistent with all legal requirements.
NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby
recommends to the Town Council of the Town of Avon approval of the application for
PUD Amendment for Lot 22, 22A, Tract A, BI, & B2, Block 2, Benchmark at Beaver
Creek Subdivision, Town of Avon, Eagle County, Colorado with the following
conditions:
Facade improvements to the WalMart Building (Tract B-1) must be completed no later
than January 1, 2003, and `Note 16' accordingly revised on the PUD mylars. No
extensions will be granted, or fines for non-compliance to the original fagade deadline
(October 29, 2001) as required in the original PUD approval will be assessed and
retroactive to that date per Town Code Section 17.40. 010 (B).
2. The final location, dimension, and details of the proposed loading dock to service
Building C will be reviewed and approved through the design review process. This will
require hard-line drawings to scale, and a recalculation of the available landscaping area
for the entire project.
3. The PUD mylars will be revised to delete the proposed `Chapel' from Lot 22A, as well as
revise the `Uses by Right' chart to indicate whether or not `Churches' is a use by right.
4. The applicant consider revising the project name to remove `Chapel' from the title.
5. Except as otherwise modified by this permit approval, all material representations made
by the applicant or applicant representative(s) in this application and in public hearing(s)
shall be adhered to and considered binding conditions of approval.
ADOPTED THIS 20th DAY OF AUGUST, 2002
Signed:
Date: Z
Chris Evans, Chairman
Attest:
Michael McClinton, Secretary
Date: `Z
TOWN OF AVON
ORDINANCE NO. 02-19
SERIES OF 2002
AN ORDINANCE APPROVING AN AMENDMENT OF THE
CHAPEL SQUARE PLANNED UNIT DEVELOPMENT (PUD)
FOR LOTS 22, 22A9 22B, TRACTS A, B-19 B-2, BLOCK 2,
BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN
OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, LB Chapel Square LLC has applied for an Amendment to the Chapel
Square PUD to remove `Note 16' and replace it with the note as outlined in the conditions below,
and to remove the `Chapel' designation from the zoning documents and propose a loading dock
to service Building C; and
WHEREAS, the proper posting, publication and public notices for the hearings before
the Planning & Zoning Commission of the Town of Avon were provided as required by law; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public
hearing on August 20, 2002, at which time the applicant and the public were given an
opportunity to express their opinions and present certain information and reports regarding the
proposed PUD Amendment; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded its recommendations on the proposed PUD Amendment to the Town Council of the
Town of Avon; and
WHEREAS, after notices provided by law, this Council held a public hearing on the
l0 day of 2002, at which time the public was given an opportunity to
express their opinions regarding the proposed PUD Amendment; and
WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the
Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows:
IATown Clerk\Council\Ordinances\Misc\Ord 02-19 Lots 22, 22A, Tracts A, B-1, B2, B2 BMBC Chapel Sq PUD amend.doc
1. The hearings before the Planning & Zoning Commission and the Town Council
were both extensive and complete and that all pertinent facts, matters and issues
were submitted at those hearings.
2. The Amendment of the Chapel Square PUD as outlined in the application and
following conditions is consistent with goals and objectives of the Town's
Comprehensive Plan, and is compatible with surrounding neighborhood and is
consistent with the public interest.
3. That the development standards for the Chapel Square PUD, Lots 22, 22A, 22B,
Tracts A, B-1, and B-2, Block 2, Benchmark at Beaver Creek Subdivision comply
with each of the Town of Avon's PUD design criteria and that this proposed
development is consistent with the public interest.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, THAT:
The Chapel Square PUD Amendment removing `Note 16' and replacing it with the note as
outlined in the conditions below, and removing the `Chapel' designation from the zoning
documents and propose a loading dock to service Building C is hereby approved with five
conditions:
1. Fagade improvements to the WalMart Building (Tract B-1) must be completed no later
than January 1, 2003, and `Note 16' accordingly revised on the PUD mylars. No
extensions will be granted. In the event of non-compliance of the facade improvements,
fines will be assessed from the original facade deadline (October 29, 2001) as required in
the original PUD approval and retroactive to that date per Town Code Section 17.40.010
(B).
2. The final location, dimension, and details of the proposed loading dock to service
Building C will be reviewed and approved through the design review process. This will
require hard-line drawings to scale, and a recalculation of the available landscaping area
for the entire project.
3. The PUD mylars will be revised to delete the proposed `Chapel' from Lot 22A, as well as
revise the `Uses by Right' chart to indicate whether or not `Churches' is a use by right.
IATown Clerk\Council\Ordinances\Misc\Ord 02-19 Lots 22, 22A, Tracts A, B-1, 132, B2 BMBC Chapel Sq PUD amend.doc
4. Except as otherwise modified by this permit approval, all material representations made
by the applicant or applicant representative(s) in this application and in public hearing(s)
shall be adhered to and considered binding conditions of approval.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this a? day of , 2002, and a public hearing shall be held at the
regular meeting of the Town Council of the Town of Avon, Colorado, on the l0- day of,
2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
r?3` ; :.' Town Council
r7J
M or
ATTEST: ... lr
Oc
Town Qe k
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED the day of , 2002.
Town of Avon, Colorado
Town Council
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
I:\Town Clerk\Council\Ordinances\Misc\Ord 02-19 Lots 22, 22A, Tracts A, B-I, B2, 132 BMBC Chapel Sq PUD amend.doc
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON 1
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 10TH DAY OF
SEPTEMBER 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-19, SERIES OF
2002:
An Ordinance approving an Amendment of the Chapel Square Planned Unit Development
(PUD) for Lots 22, 22A, 22B, Tracts A, B-1, B-, Block 2, Benchmark at Beaver Creek
Subdivision, Town of Avon, Eagle County, Colorado.
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and
may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 6th day of September 2002.
TOWN OF AVON, COLORADO
BY: e-'zf 3 c
Pay Kenny
Tow Jerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
SEPTEMBER 6, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, WILL BE HELD SEPTEMBER 10, 2002, AT 4:15 PM
IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR
THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING:
4:15 P.M. - 4:30 P.M 1) Eagle River Water and Sanitation District - Odor
Control Improvements (Pete Miller)
4:30 P.M. - 4:45 P.M. 2) Election Guidelines (John Dunn)
4:45 PM - 5:00 PM 3) East Avon Access & Circulation Schedule (Norm
Wood)
5:00 PM - 5:20 PM 4) Staff Updates
Consent Agenda Questions
Council Committee Updates
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL
THIS MEETING IS OPEN TO THE PUBLIC.
TOWN OF AVON, COLORADO
BY: Q?
P tty cKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
SEPTEMBER 6, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
IATown Clerk\Council\Agendas & Worksessions\Agenda-Worksession. doc
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager ?j
From: Tambi Katieb, Community Development
Date September 5, 2002
Re: Second Reading of Ordinance 02-20, An Ordinance approving a PUD
Development Plan for the Lot B PUD, Avon Center at Beaver Creek
Subdivision, Block 2, Benchmark at Beaver Creek Subdivision
PUBLIC HEARING
Summary
The applicant, Suites at Avon LLC, has submitted a development plan to reestablish a PUD
Development Plan for Lot B. The Lot B PUD was approved via a Development Agreement
on September 19, 1998 (the development standards are attached hereto for your review).
A Preliminary Development Plan was subsequently approved for this project on December
3, 1998 by Ordinance 98-23.
Lot B continues to maintain vested rights until December 16, 2008 as set forth in the
Development Agreement and vested development rights contained in the Preliminary
Development and Zoning Plan dated December 3, 1998, which is specifically outlined in the
attached memo from John Dunn. I have also attached a copy of the Preliminary
Development and Zoning Plan dated December 3, 1998 for your review.
A final development plan was approved by Ordinance 99-3 (effective on February 23, 1999).
The final development plan has since expired, and the project proponents are now seeking to
re-establish this final development plan. Staff has worked with the applicant to achieve
compliance with some of the terms and conditions of the Town Center Plan as well as
establishing more stringent parking standards and circulation requirements.
Lot B is vested with a maximum of 50,000 square feet of commercial space. The
Preliminary Development and Zoning Plan included 22,404 gross leasable floor area of
commercial space. The current proposal includes 17,503 gross leasable floor area of
commercial space and 3,186 of common area/lobby. The 4,901 square feet difference
between the previous approval and what is currently being proposed has been eliminated
from the second floor. Suites at Avon LLC can expand the commercial square footage of
the project as long as the parking requirements are met without any further amendments.
Memo to Town Council, September 5, 2002 (PUBLIC HEARING) Page 1 of 2
Ordinance 02-20, Lot B PUD Development Plan, Lot B, Avon Center at Beaver Creek Subdivision
On First Reading, Town Council requested further information regarding the tax difference
between the previous Lot B PUD approvals and the current submittal, specifically as it
relates to the reduced commercial component. The attached letter from Suites at Avon
LLC along with a recent appraisal of market rents contends that the market does not
support commercial space on the second floor. In the event the Town Center plan is
implemented, then the commercial area may be increased to accommodate the need for
more retail and restaurant space.
Recommendation
Staff recommends that the Town Council pass Ordinance 02-20 on second reading,
adopting the Lot B PUD Development Plan as outlined.
Proposed Motion
"I move to approve on Ordinance 02-20, approving PUD Development Plan for the Lot B
PUD for Lot B, Avon Center at Beaver Creek Subdivision, Town of Avon, Eagle County,
Colorado. "
Town Manager Comments I c 6.17 S -75
? G ?1 <uusC ? c T11 i. 5 ?1 ? b- ?1 S,f v S S
F^'1?. ?tuvo
Attachments:
A. Ordinance 02-20
B. Proposed Development Plan
C. Memo from John Dunn dated April 30, 2002 outlining vested rights
D. Ordinance 98-3 Development Agreement for Lot B and attached Preliminary
Development and Zoning Plan dated December 3, 1998
E. Planning and Zoning Commission Staff Report
F. Planning and Zoning Commission Resolution 02-11
G. Shapiro Development Company letter dated August 28, 2002
Memo to Town Council, September 5, 2002 (PUBLIC HEARING) Page 2 of 2
Ordinance 02-20, Lot B PUD Development Plan, Lot B, Avon Center at Beaver Creek Subdivision
TOWN OF AVON
ORDINANCE NO. 02-20
SERIES OF 2002
AN ORDINANCE APPROVING A PUD DEVELOPMENT
PLAN FOR THE LOT B PLANNED UNIT DEVELOPMENT
(PUD) FOR LOT B, AVON CENTER AT BEAVER CREEK,
BLOCK 2, BENCHMARK AT BEAVER CREEK
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO.
WHEREAS, Suites at Avon LLC has submitted a PUD Development Plan to establish a
revised plan for the Lot B PUD, Avon Center at Beaver Creek Subdivision; and
WHEREAS, the proper posting, publication and public notices for the hearings before
the Planning & Zoning Commission of the Town of Avon were provided as required by law; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public
hearing on August 20, 2002, at which time the applicant and the public were given an
opportunity to express their opinions and present certain information and reports regarding the
proposed PUD Amendment; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded its recommendations on the proposed PUD Amendment to the Town Council of the
Town of Avon; and
WHEREAS, after notices provided by law, this Council held a public hearing on the
10 tl
l7tl day o 2002, at which time the public was given an opportunity to
express their opinions regarding the proposed PUD Amendment; and
WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the
Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows:
1ATown Clerk\Council\Ordinances\Misc\Ord 02-20 Lot B, ACBC, PUD Dev Plan.doc
1. The hearings before the Planning & Zoning Commission and the Town Council
were both extensive and complete and that all pertinent facts, matters and issues
were submitted at those hearings.
2. The final development plan for the Lot B PUD as outlined in the application and
following conditions is consistent with goals and objectives of the Town's
Comprehensive Plan, and is compatible with surrounding neighborhood and is
consistent with the public interest.
3. That the development standards for Lot B PUD, Avon Center at Beaver Creek,
Block 2, Benchmark at Beaver Creek Subdivision comply with each of the Town
of Avon's PUD design criteria and this proposed development is consistent with
the public interest.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, THAT:
The site specific PUD development plan for the Lot B PUD is hereby approved with the
following conditions:
Remove all surface compact spaces from the site plan. Only standard size
(9'0"x 18'0") parking spaces are permitted for surface parking. Total compact spaces
cannot exceed 30% of the total parking spaces in the garage.
2. Delete the proposed emergency access, and reconfigure the surface parking area to
accommodate a full one-way turning movement of the Ladder Truck (w/ 252" W.B.).
This revision must be submitted by a Professional Engineer to verify the turning
analysis.
3. The finished floor elevation of Buildings A and B must match the finished floor
elevations of the Seasons building and be verified by a Colorado licensed surveyor.
4. All parking aisles will be a minimum of 24'0" in width. Minimum clear ceiling
height on the parking structure entrance will be 7'6".
Landscaping will be provided at a 20% minimum that meets the Town standards for
landscaping area.
6. Both perimeter and internal sidewalks must have a minimum width of 8'0".
IATown Clerk\Council\Ordinances\Misc\Ord 02-20 Lot B, ACBC, PUD Dev Plan.doc
7. Garage spot elevations do not match the proposed grades, and require revision on the
site plan.
A construction-staging plan is required to address each phase of the project, including
temporary landscaping.
9. A note shall be added along with a dimensioned `envelope' to the site plan that
indicates the future knockout area between Lot B and Lot C parking garages.
10. Architectural and design plans will be separately submitted and reviewed, and must
comply with the existing Town of Avon Residential, Commercial, and Industrial
Guidelines.
11. The PUD plan `Parking Requirements' table shall be amended to include the
minimum parking provision of 214 parking spaces for Lot A.
12. In the event that the parking standards set forth herein are not satisfied at any phase of
the project (including the minimum parking provision for Lot A), then
accommodation units will be reduced to satisfy the parking requirement.
13. All underground parking must be completed in Phase 1 as proposed.
14. Revised development plan addressing all of the above conditions must be provided
one week prior to second reading of PUD Ordinance by Town Council.
15. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in public
hearing(s) shall be adhered to and considered binding conditions of approval.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this a'day of , 2002, and a public hearing shall be held at the
regular meeting of the Town Council of the Town of Avon, Colorado, on the i0 day of,
2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
I:\Town Clerk\Council\Ordinances\Misc\Ord 02-20 Lot B, ACBC, PUD Dev Plan.doe
ATTEST:
.
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED the day of , 2002.
Town of Avon, Colorado
Town Council
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
IATown Clerk\COLlncil\Ordinanees\Misc\Ord 02-20 Lot B, ACBC, PUD Dev Plan.doc
.,wr-30-02 Oman From-
DUNN & A SPLANALP, P. C.
Memorandum
DATE: April 30, 2002
TO: Tambi Katieb
FROM: John Dunn
RE: Status of Development Rights ou Lot B
T-594 P.002/002 F-584
This memorandumn responds to your memorandumn to me dated April 26, 2002.
You have asked that 1 address the request of Shapiro Development company to verify the status
of development rights on Lot B, Avon Center at Beaver Creek Subdivision.
As you note in your memorandum, a Development Agreement was entered into
on September 19, 1998, and a Preliminary Development and Zoning Plan (including
development standards) dated December 3, 1998, approved by ordinance No. 98-23, adopted
December 8, 1998. The Plan was expressly referenced in the Development Agreement at
Paragraph 3.3. Paragraph 3.4 of the Development Agreement identified as a vested property
right "the right to develop, plan and engage in land uses within the Property extent set forth in and pursuant to this Agreement, the Development Standards and the and to
Preliminary Development Plan." As you also note in your memorandums, a final development
plan was approved by ordinance adopted February 23, 1999, which expired on February 23,
2002, by virtue of § 17,20.110L, Avon Municipal Code.
It is my opinion that Shapiro Development Company continues to be vested as to
the development rights incorporated into the Preliminary
December 3, 1998. 13y virtue of Paragraph 2,1 of the De D lo
emenlt A t and Zoning Plan dated
ested as to those development rightstil December 16, 2008, greement, it will remain
4CW0od
EXHIBIT B
ORDINANCE 98-23
DEVELOPMENT AGREEMENT
Tract B
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as
of December , 1998 by and between Avon Commercial Center Ltd., a Colorado limited
partnership, Shapiro Development Co., general partner, its successors and/or assigns (hereinafter
"Owner") and the Town of Avon, a municipal corporation of the State of Colorado (the "Town").
RECITALS
A. Owner is a limited partnership, duly organized and in good standing under the
laws of the State of Colorado.
B. Owner owns a parcel of real property generally referred to as the "Tract B" as
more particularly described in Exhibit A attached to this Agreement (the " Tract B").
C. Owner desires to develop the Tract B as mixed use development the parcel
referred to as the "Property" which may include, among other uses, lodging, restaurant, retail,
parking, public facilities, open space, office commercial, and other uses.
D. The Town has authority to zone and govern development of the Property in
accordance with this Agreement, the Comprehensive Plan, the Tract B PUD, (as defined herein),
the Municipal Code, and other applicable Town requirements and polices. Furthermore, the
Town has authority to agree to the vesting of property development rights concerning the
Property, the creation of special districts to provide public facilities relating to the Property, the
rebate of sales and other taxes which would normally be collected as'a result of taxable activities
occurring on the Property and the granting of tax credits to assist with the equitable sharing of
costs associated with development of public facilities.
E. The Property is expected to contribute substantially to the economic growth of the
Town and consequently will increase future tax revenues to the Town. The Town desires to
provide for orderly growth in and around the Town and to increase its tax revenues. Owner, and
the Town desire to provide for a tax rebate mechanism so that Owner may use the rebate
revenues or other fees imposed in lieu of taxes to assist in financing the public facilities that will
be required by the Property and which will benefit the Town.
F. The Town has agreed to rebate taxes to the Owner and the District subject to\
discretionary annual budget appropriations by the Town pursuant to "Development Agreement -
Confluence and Tract C" between Owner, Vail Associates Investments LLC and the Town.
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G. The legislature of the State of Colorado adopted Sections 24-68-101, et se q. of the
Co'ura-'u Revised Statutes (the ""vested Property Rights Statute") to provide for the
establishment of vested property rights in order to ensure reasonable certainty, stability and
fairness in the land use planning process and in order to stimulate economic growth, secure the
reasonable investment-backed expectations of landowners, and foster cooperation between the
public and private sectors in the area of land use planning; said Vested Property Rights Statute
authorizes the Town to enter into development agreements with landowners providing for vesting
of property development rights.
H. Consistent with the Vested Property Rights Statute, Chapter 17.14 of the
Municipal Code authorizes the Town to enter into development agreements with landowners and
other qualified applicants providing for the vesting of property development rights.
1. Development of the Property in accordance with this Agreement will provide for
orderly growth in accordance with the policy and goals. set forth in the Comprehensive Plan,
ensure reasonable certainty, stability and fairness in the land use planning process, stimulate
economic growth, secure the reasonable investment-backed expectations of Owner, foster
cooperation between the public and private sectors in the area of land use planning, and
otherwise achieve the goals and purposes for which the Vested Property Rights Statute and
Chapter 17.14 of the Municipal Code were enacted. In exchange for these benefits and the other
benefits to the Town contemplated by this Agreement, together with the public benefits served
by the orderly development of the Property, Owner desires to receive the assurance that it may
proceed with development of The Property pursuant to the terms and conditions contained in this
Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises set forth above, the terms,
conditions and covenants set forth in this Agreement, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, Owner and the Town agree as
follows:
ARTICLE 1
DEFINITIONS AND GENERAL PROVISIONS'
1.0 Definitions. The following terms and references shall have the meanings set forth below
unless the context in which they are used clearly indicates otherwise:
1.1 Comprehensive Plan. The Avon Comprehensive Plan adopted by the Planning
and Zoning Commission of the Town on November 5, 1996.
1.2 Development Standards. As defined in Section 3.2. The Development Standards
pertaining to the Property are attached to the Preliminary Development and Zoning Plan.
i
I
1.3 District. Shall mean the Avon Station Metropolitan District approved by the
Town to serve the Property.
1.4 Effective Date. The effective date of the Town Council ordinance approving this
Agreement.
1.5 Exhibits. The following are Exhibits to this Agreement, all of which are
incorporated by reference into and made a part of this Agreement:
Exhibit A Legal Description of the Tract B
Exhibit B The Development Standards for the Tract B
1.6 Lodging Tax. For purposes of this Agreement, Lodging Tax shall mean any
municipal lodging or accommodations tax imposed by the, Town pursuant to Municipal Code Ch.
3.28 or any similar code provision enacted during the Term of this Agreement upon any sales or
rental of lodging within the Property.
1.7 Municipal Code. The Town's Municipal Code, as in effect from time to time.
1.8 Property. The Tract B property more specifically described on Exhibit A.
1.9 PUD. Planned unit development or PUD, as such terms are defined and used in
the Municipal Code.
1.10 Sanitation District. Eagle River Water and Sanitation District.
1.11 Town. The Town of Avon, a municipal corporation of the State of Colorado.
1.12 Town Council. The Town Council of the Town.
1.13 Tract B. The real property described in Exhibit A attached hereto.
1.14 Vested Property Rights Statute. As defined in Recital H above.
1.15 Zoning. Formal and final passage of an ordinance and/or resolution by the Town
Council confirming a zoning designation on a parcel of land as provided in the Municipal Code.
Such final passage shall be deemed to occur after the passage of any statutory or common law
period for the filing of a petition for referendum to reverse or nullify such zoning ordinance.
1.16 Zoning Application. The zoning application for the parcel comprising the
Property submitted to the Town on , 1998 and on , 1998.
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ARTICLE II
COVENANTS; THIS AG-REEMENT
2.1 Term. In recognition of the size of the development contemplated under this
Agreement, the substantial investment and time required to complete the development of the
Property, the potential for phased development of the Property, and the possible impact of
economic cycles and varying market conditions during the course of development, Owner and
the Town agree that the term of this Agreement and the vested property rights established under
this Agreement shall commence on the Effective Date and shall continue until the 10th
anniversary of the Effective Date. References to the Term of this Agreement and the vesting of
property rights in the proceeding sentence shall not be deemed to limit or otherwise affect the
rights of the Town described in Section 6.2 to initiate or pursue dissolution of the Districts. After
the expiration of the Term, this Agreement shall be deemed terminated and of no further force or
effect, provided, however that such termination shall not effect (a) the annexation of the
Confluence to the Town; (b) any common-law vested rights obtained prior to such termination,
or (c) any right arising from Town permits, approvals or other entitlements for the Property
which were granted or approved prior to, concurrently with, or subsequent to the approval of this
Agreement and the Development Standards.
2.2 Amendment of Agreement. Except as otherwise set forth in this Agreement, this
Agreement may be amended or terminated only by mutual consent of the Town and Owner in
writing following the public notice, public hearing and revised ordinance procedures required for
approval of this Agreement. For the purpose of any amendment to this Agreement, "Owner"
shall mean only the Owner as defined herein and those parties, if any, to whom such signatories
have specifically been granted, in writing by Owner, the power to enter into such amendments.
2.3 Cooperation in Defending Legal Challenges. If any legal or equitable action or
other proceeding is commenced by a third party challenging the validity of any provision of this
Agreement or the Development Standards, Owner and the Town agree to cooperate in defending
such action or proceeding and to bear their own expenses in connection therewith. Unless the
Town and Owner otherwise agree, each party shall select and pay its own legal counsel to
represent it in connection with such action or proceeding.
ARTICLE III
ZONING, VESTED RIGHTS AND EXACTIONS
3.1 PUD Zoning. The property shall be zoned as PUD as provided in this Agreement
and in their respective Development Standards.
3.2 Development Standards. \
(a) Development Standards. The "Development Standards" set forth the
guidelines for development of the Property are approved by the Town as the zoning for the
Property, and indicate, among other things, set back distances, building height limitations, site
coverage levels, development densities, allowed uses (both permitted uses by right and those
7 / DMJN/ACC/1. 0TB1DEV.4GFNIT DOC a
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I
permitted upon special review), parking requirements and other guidelines and limitations for the
development of the Property.
(b) Subsequent Final Development Approval. After PUD Zoning of the
Property pursuant to Section 3.4(a), Owner and Town shall enter into a Final Development Plan
approval process, pursuant to which Owner and the Town shall, in a manner which is uniform
with and similar to other phased development approvals of the Town (and consistent with the
provisions of Section 3.4(d) further refine the Development Standards and designate site plans,
PUDs and other details, including the negotiation of a subdivision improvement agreement if
applicable, all consistent with the Development Standards and this Agreement (collectively,
"Subsequent Final Development Approval."
(c) Preliminary Development Approval. Simultaneously with the granting of
PUD Zoning of the Property pursuant to Section 3.4(a), the Town shall approve the preliminary
development plan.
3.3 Vesting of Property Rights. Owner and Town agree that (a) this Agreement and
the Development Standards and the Preliminary Development Plan constitute an approved
"site-specific development plan" as defined in the Vested Property Rights Statute and Section
17.14.100 of the Municipal Code and as adopted pursuant to the requirements of Section
17.12.020 of the Municipal Code which the Town acknowledges hereby has been approved by
proper procedure under the Town's charter and the Municipal Code, and (b) that Owner as the
legal owner of the Property shall have vested property rights to undertake and complete
development and use of the Property as provided in this agreement and the Development
Standards. Pursuant to Section 17.14.050 of the Municipal Code, approval of this Agreement
and the Development Standards constitutes a vested property right pursuant to Article 68 of Title
24, C.R.S., as amended.
3.4 Property Rights Vested. The rights identified below shall constitute the vested
property rights under this Agreement:
(a) The right to develop, plan and engage in land uses within the Property in
the manner and to the extent set forth in and pursuant to this Agreement, the Development
Standards and the Preliminary Development Plan.
(b) The right to develop, plan and engage in land uses within the Property in
accordance with the densities, physical development standards and other physical parameters set
forth in the Development Standards.
(c) The right to develop the Property in the order, at the rate, and at the dime
as market conditions dictate, subject to the terms and conditions of this Agreement and the
Development Standards.
(d) The right to develop and complete the development of the Property
(including, without limitation, the right to receive all Town approvals necessary for the
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3.7 Compliance with General Regulations. Except as otherwise provided in this
Agreement or the Development Standards, the establishment of vested property rights under this
Agreement shall not preclude the application, on a uniform and non-discriminatory basis, of
Town regulations of general applicability (including, but not limited to, building, fire, plumbing,
electrical and mechanical codes, the Municipal Code, and other Town rules and regulations) or
the application of state or federal regulations, as all of such regulations exist on the date of this
Agreement or may be enacted or amended after the date of this Agreement, provided that such
newly enacted or amended Town regulation shall not directly or indirectly have the effect of
materially altering, impairing, preventing, diminishing, imposing a moratorium on development,
delaying or otherwise adversely affecting any of Owner's rights set forth in this Agreement or the
Development Standards. Owner does not waive its right to oppose the enactment or amendment
of any such regulations.
3.8 Arbitration. The parties agree that any dispute arising under this Article III shall
be subject to arbitration among the parties in accordance with customary rules of the American
Arbitration Associations which shall be binding upon the parties.
ARTICLE IV
SPECIAL DISTRICTS
4.1 Special Districts. The Town agrees to take all reasonable action necessary to
approve an amendment to the service plan for the Districts to conform to the financial provisions
of this Agreement and to permit the Districts to form qualifying non-profit corporations to carry
out the purposes of this agreement and the amended service plan.
4.2 Dissolution of Districts. Dissolution of the Districts shall occur in the manner set
-forth in the service plan for the Districts and in accordance with the provisions and procedures
set forth in C.R.S. §§ 32-1-701, et seq. as in effect as of the date of this Agreement.
4.3 Municipal Services. Notwithstanding the creation of the Districts, the Town shall
have the 'responsibility and obligation to provide all municipal services to the Property,
equivalent to those provided to any other area of the Town on a uniform and non-discriminatory
basis.
ARTICLE V
DEFAULTS, REMEDIES, AND TERMINATION
5.1 Default by Town. A "breach" or "default" by the Town under this Agreement
shall be defined as: (a) any zoning, land use or other action or inaction, direct, indirect or
t pursuant to an initiated measure, taken without Owner's consent, that materially alters, im?airs,
prevents, diminishes, imposes a moratorium on development, delays or otherwise materially and
{ adversely affects any development, use or other rights of Owner under this Agreement or the
{ Development Standards or PUDs; or (b) the Town's failure to fulfill or perform any material
obligation of the Town contained in this Agreement.
{
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5.2 Default by Owner. A "breach" or "default" by Owner shall be defined as Owner's
failure to fulfill or perform any material obligation of Owner contained in this Agreement.
5.3 Notices of Default. In the event of a default by either party under this Agreement,
the non-defaulting party shall deliver written notice to the defaulting party of such default, at the
address specified in Section 8.8, and the defaulting party shall have thirty (30) days from and
after receipt of such notice to cure such default. If such default is not of a type which can be
cured within such thirty (30) day period and the defaulting party gives written notice to the non-
defaulting party within such thirty (30) day period that it is actively and diligently pursuing such
cure, the defaulting party shall have a reasonable period of time given the nature of the default
following the end of such thirty (30) day period to cure such default, provided that such
defaulting party is at all times within such additional time period actively and diligently pursuing
such cure.
5.4 Remedies.
(a) If any default under this Agreement is not cured as described above, the
non-defaulting party shall have the right to enforce the defaulting party's obligations hereunder
by an action for any equitable remedy, including injunction and/or specific performance, and/or
an action to recover damages. Each remedy provided for in this Agreement is cumulative and is
in addition to every other remedy provided for in this Agreement or otherwise existing at law, in
equity or by statute.
(b) The Town acknowledges that since this Agreement and the Development
Standards constitute a development agreement which confers rights beyond those provided by
the three (3) year statutory vesting approach described in the Vested Property Rights Statute, in
the event of a breach or default by the Town, in addition to any of the foregoing remedies, Owner
shall be entitled to:
(i) recover from the Town any damages-that should have been
specifically available to Owner as contemplated in Colorado Revised Statutes
Section 2468-105(1)(c) as in effect on the Effective Date, plus any other and
additional damages provable at law.
ARTICLE VI
MISCELLANEOUS
6.1 Applicable Law. Agreement shall be construed and enforced in accordance with
the laws of the State of Colorado.
6.2 No Joint Venture or Partnership. No form of joint venture or partnership exists
between the Town and Owner, and nothing contained in this Agreement shall be construed as
making Town and Owner joint venturers or partners.
Z IADMINAI CULOT BIDE VA GRMT DOC
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6.3 Expenses. Except as otherwise provided in a separate written agreement, Owner
and the Town shall each bear their respective costs and expenses associated with implementing
and enforcing the terms of this Agreement.
6.4 Waiver. No waiver of one or more of the terns of this Agreement shall constitute a
waiver of other terms. Nor waiver of any provision of this Agreement in any instance shall
constitute a waiver of such provision in other instances.
6.5 Town Findings. The Town hereby finds and determines that execution of this
Agreement is in the best interests of the public health, safety, and general welfare, and the
provisions of this Agreement, the PUD, Development Standards, and vesting agreements
contained herein are consistent with the Comprehensive Plan, Municipal Code, and other
applicable regulations and policies of the Town.
6.6 Severability. If any term, provision, covenant or condition of this Agreement is
held by a court of competent jurisdiction to be. invalid, void or unenforceable, the remaining
provisions of this Agreement shall continue in full force and effect so long as enforcement of the
remaining provisions would not be inequitable to the party against whom they arc being enforced
under the facts and circumstances then pertaining.
6.7 Further Assurances. Each party shall execute and deliver to the other all such
other further instruments and documents as may be reasonably necessary to carry out this
Agreement in order to provide and secure to the other party the full and complete enjoyment of
its rights and privileges under this Agreement.
6.8 Notices. Any notice or communication required under this Agreement between
the Town and Owner must be in writing, and may be given either personally or by registered or
certified mail, return receipt requested. If given by registered or certified mail, the same shall be
deemed to have been given and received on the first to occur of (1) actual receipt by any of the
addresses designated below as the party to whom notices are, to be sent, or (ii) five days a
registered or certified letter containing such notice, properly addressed, with postage prepaid, is
deposited in the United States mail. If personally delivered, a notice shall be deemed to have
been given when delivered to the party to whom it is addressed. Any party hereto may at any
time, by giving written notice to the other party hereto as provided in this Section designate
additional persons to whom notices or communications shall be given, and designate any other
address in substitution of the address to which such notice or communication shall be given.
Such notices or communications shall be given to the parties at their addresses set forth below:
. I/ADM1NIACC.ft.OTB/DEVA6RMi-DOC --------- - - ---9
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If to Town: Town of Avon Attn: Town Manager
P.O Box 975
Avon, Colorado 81620
If to Owner: Avon Commercial Center Ltd. Attn: Ken Shapiro
Shapiro Development Company
General Partner
P.O. Box 5640
Avon, Colorado 81620
6.9 Assignment. This Agreement shall be binding upon and except as otherwise
provided in this Agreement, shall inure to the benefit of the successors in interest or the legal
representatives of the parties hereto. Except as specifically set forth herein, Owner shall have the
right to assign, delegate or transfer all or any portion of its interests, rights or obligations under
this Agreement to third parties acquiring an interest or estate in the Property, including, but not
limited to, purchasers or long term ground lessees of individual lots, parcels, or of any
improvements now or hereafter located within the Property. Provided that the Town's approval of
the assignee or transferee is first obtained, an assumption or transfers providing for express
assumption of any of Owner's obligations under this Agreement by its assignee or transferee
shall be relieved of any further obligations under this Agreement with respect to the matter so
assumed. The Town's obligations hereunder may not be assigned or delegated without Owner's
written consent, and any attempted assignment or delegation by the Town not in compliance
herewith shall be null and void. The Town's approval of any such assignee or transferee shall not
be. unreasonably withheld or delayed.
6.10 Counterparts. This Agreement shall be executed in multiple counterparts, each of
which shall be deemed to be an original and all of which taken together shall constitute one and
the same agreement.
% 6.1 f Amendments and Waivers. No amendment or waiver of any provision of this
Agreement, nor consent to any departure herefrom, shall in any event be elective unless the same
shall be in writing and signed by the parties hereto, and then such waiver or consent shall be
effective only in the specific instance and for the specific purpose for which given.
IN WITNESS WHEREOF, Owner and the Town have executed this Agreement as of the
date first written above.
TOWN:
TOWN OF AVON, a municipal corporation
of the State of Colorado
+ By:
j ?Mayor
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i 12/03/98
TTEST
Clerk
STATE OF COLORADO
) ss.
COUNTY OF EaSL )
Subscribed before me this Iq day of ?epF?mr , 1998, by
I -r as Mayor of Town of Avon, a municipal
co State of Colorado.
..o??
p. ............
My co is n expires: Ct - veto -'Co-e'
JULIE A.
KESSENICH
F 0 C L? CNN Public .
MORDO )
) ss.
COUNTY OF c-q-,,U
)
Subscribed before me this
day of _ Ste} EV7`lE.f , 1s398, by
as Town Clerk of Avon, a municipal
corporation of the State of Colorado.
My commission expires:
4 F! A
?'Zlo- ZmZ
UKESSENICH
My Comm Expires 9/26/W
Lu u gave C?'
otary Public .
__I_. Z./ADMIN/ACC/LOTBlDEVAGRMT DOC
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OWNER:
Avon Commercial Center Ltd., a Cplorado limited
partnership, Shapiro Development Co., general
partner
By:
Its:
ATTEST
STATE OF COLORADO )
ss.
COUNTY OF
Z C>
Subscribed before me this lei day of S-- L99-8, by
?Jku??? ?? rrtr? as CC- ?C(z V-' of
Shapiro Development Co. as general partner of Avon Commercial Center Ltd., a Colorado
limited partnership.
My commission expires:
BEN ? .
?.?0TA,q ot;
• r
% G : • o
O? C6LO
r lies 9/18/2005
otary Public
z ?kDNIMACCILOreioevAGRMT DOC 12 3:48 PM
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I2i03/98 - -- -----
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
'SOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 8th DAY OF DECEMBER
1998, AT THE TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING
THE ADOPTION OF ORDINANCE NO. 98-23 SERIES OF 1998:
AN ORDINANCE APPROVING A ZONE CHANGE FROM TC TO PUD, ESTABLISHING
DEVELOPMENT STANDARDS AND APPROVING A DEVELOPMENT AGREEMENT,
LOT B, AVON CENTER AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 1 st day of December, 1998.
TOWN 0 AV N, COLORADO
BY:
Kris Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
DECEMBER 1, 1998:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
Staff Report
PUD
August 20, 2
Report date Au
Project type PL
Legal description Lo
Current zoning PU
Address Ol:
Introduction
The Lot B PUD was approved via a
Preliminary Development Plan was
by Ordinance 98-23. Additionally,
(effective on February 23, 1999). T
proponents are now seeking to re-esi
The general development plan calls :
proposed as 2-story mixed use (come
parallel the pedestrian mall. Buildin
commercial space, and 97 accommol
property that is located entirely on L
Parking is proposed as a combination
along the joint access easement share
Though certain developments rights
Development Plan of December 3,1 ?
development plan is seeking the follo
• The inclusion of an additional
otherwise occupied separately
original vesting was for 82 un
original approval of 1 space pl
• A reduction of proposed coma
to 17,503 square feet. Howevl
square feet of gross leasable al
• An increase in the rear propert
conform to the recommendatio
implement the street improvers
• A reduction of 270 parking spa
remain the same as original PL
Town of Avon Community Development
SMSONS
suaaNG
fEXIST.I
TOWN CENTER Jr
ZONE DISTRICT ,
1
,f
(! 4
s
r ?r
LOT B'.
aR
o
77'.
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Lot B, Avon Center at Beaver Cicek Subdivision PUD Final Development Plan
August 20, 2002 Planning & Zoning Commission meeting Page 2 of 6
• A proposed compact parking space stall size reduction for 35% of the total spaces
provided of both surface and garage spaces.
PUD Design Criteria
According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as
the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate
that submittal material and the proposed development plan comply with each of the following
design criteria, or demonstrate that one or more of them is not applicable, or that a particular
development solution is consistent with the public interest.
1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives.
The proposed project generally conforms to the Town of Avon Comprehensive Plan goals
and objectives, more specifically to the following goals:
Goal Al: Ensure a balanced system of land uses that maintains and enhances Avon's
identity as a residential community, and as a regional commercial, tourism and
entertainment center.
The combination lodging, retail and service commercial uses generally conform to this goal.
Policy A3.5: Since undeveloped land in the Town Center is scarce, it will be developed at
higher density, include a vertically integrated mix of commercial and residential
uses, and rely primarily on underground and/or structured parking.
The proposed vertical mix of uses and residential and commercial densities generally
conform to this policy. The majority of the parking is underground for this project.
Goal B2: Establish the Town Center Area as an inviting, vibrant and safe pedestrian-
oriented cultural, retail and entertainment hub.
Adding accommodation units and commercial uses to this site will increase the pedestrian
activity in the mall area.
Design considerations required to create an "inviting, vibrant, and safe pedestrian-oriented
hub" will be reviewed in detail through the design review process. Particular attention will be
given to the access from the mall through the walkway connection between Building D and
Building C, as well as the width of the walkway along the property line between this project
and Lot C.
Policy B2.2: Development and redevelopment in the Town Center should effectively separate
vehicles from pedestrian access and circulation.
The PUD development plan shows a proposed pedestrian network within the project, with
connections with the Pedestrian Mall and adjacent properties and public ways. Further
refinement of this plan will be required though the design-review process, including the
provision of a minimum provision of 20% of the lot area for landscaping. Landscaping does
not include walkways, as proposed by the plans.
Policy B2.3: Encourage a range of uses in the Town Center, including retail, offices, hotels,
recreation, tourism, and entertainment.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot B, Avon Center at Beaver Creek Subdivision PUD Final Development Plan
August 20, 2002 Planning & Zoning Commission meeting Page 3 of 6
The plan provides a mix of accommodation units (timeshares) and commercial space. Staff
anticipates uses similar to those in the existing Avon Center and other projects in the Town
Center zone district.
Policy E2.2: Structured parking will be incorporated in all new development and major
redevelopment in the Town Center.
Structured parking is incorporated in this proposal, with limited surface parking that will
require some refinement to allow fire access and remove the proposed surface compact
spaces. The project is combining parking for Lot A (Avon Center) and Lot B. As currently
configured, there are a total of 244 spaces in use by the Avon Center - in excess of the Town
zoning requirements by our calculations. Though this project proposes to eliminate a
minimum of 85 existing surface spaces, they are compensated in the underground parking
structure proposed.
The Lodge at Avon Center (Lot A) is zoned Town Center, has approximately 40,801 GLFA
of commercial and office space, 52 condominium units, and provides 244 parking spaces in
total (104 underground and 140 surface, including the surface parking on Lot B). Records
indicate that the total parking requirement for Avon Center when approved appears to have
been 214 spaces. The total demand created by Lot B's current proposal calls for 152 spaces.
The total number of aggregate parking spaces proposed in this plan for these two projects
will be 371 spaces, as compared to the required 366 spaces. Access requirements may
slightly reduce the number of proposed spaces, and will be further reviewed on a revised site
plan before Council action and at final design.
Additionally, compact spaces shown in the garage levels do not comply with requirements of
the zoning code and must be revised to comply with the 30% maximum for compact
underground spaces. Likewise, the nine compact spaces shown as surface parking do not
conform.
Policy H1.3: New development and redevelopment adjacent to the Pedestrian Mall should
support its becoming a key focal point and unifying element for the Town Center.
2. Conformity and compliance with the overall design theme of the town, the sub-area
design recommendations and design guidelines of the Town.
The project generally complies with the overall design theme recommended in the Town
Center Plan, however, guidelines in the plan call for a minimum pedestrian walkway between
this project and Lot C of at least 6' in width. It is unclear from this plan whether or not that
is being proposed. Additionally, the frontage to the pedestrian mall should allow sufficient
space for the inclusion of an arcade or canopy feature, similar to the office/commercial
building on Lot C. The project will be required to conform to the Design Guidelines of the
Town, and will be reviewed in detail at that time.
3. Design compatibility with the immediate environment, neighborhood, and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character, and orientation.
The project generally conforms to the immediate environment and neighborhood, creating an
efficient relationship with the existing Lodge at Avon Center and potentially Lot C. Building
height was previously approved through the PUD approval as being measured from the Avon
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot B, Avon Center at Beaver ucek Subdivision PUD Final Development Plan
August 20, 2002 Planning & Zoning Commission meeting Page 4 of 6
Center, and the final design plans should clarify the actual height. The buildings proposed
appear to be functional in their orientation, and compatible to the adjacent properties in bulk
and scale.
4. Uses, activity, and density provide a compatible, efficient, and workable relationship
with surrounding uses and activity.
The proposed uses and density are compatible with the surrounding properties, however,
several major clarifications must be made prior to the final development plan being
approved, in particular the elevations and grades as they relate to the potential redevelopment
of the pedestrian mall and connectivity to Lot C.
5. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
There appears to be no mitigation or avoidance of hazards required with the PUD plan
proposed. Adequate shared drainage easements exist between both Lot B and Lot C and
should be sufficient to accommodate post-development drainage. Additionally, snow will be
removed to an off-site location such as the Eagle County landfill.
6. Site plan, building design and location and open space provisions designed to produce a
functional development responsive and sensitive to natural features, vegetation and
overall aesthetic quality of the community.
The site plan is constrained by the density proposed, required parking and landscaping, and
the general boundaries of the property. No open space is being proposed, and the amount of
landscaping proposed with this plan appears to be inadequate. The aesthetics of the project
will be reviewed in more detail through the design review process.
7. A circulation system designed for both vehicles and pedestrians addressing on and off
site traffic circulation that is compatible with the Town Transportation Plan.
The proposed circulation pattern poses potential access issues for the Eagle River Fire
Protection District, and in particular for Buildings A and B. The proposed emergency access
is not supported and will be revised. The project generally conforms to the Town
Transportation Plan recommendations; however, clarification of pedestrian walkways,
corridor lighting, and proposed parking is required.
8. Functional and aesthetic landscaping and open space in order to optimize and preserve
natural features, recreation, views and function.
Landscaping requirements appear to require revision, since this proposal includes walkways,
which are specifically excluded from the 20% minimum landscape area per the Town of
Avon Zoning Code.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient
relationship throughout the development of the PUD. The phasing plan shall clearly
demonstrate that each phase can be workable, functional and efficient without relying
upon completion of future project phases.
The proposed phasing plan appears acceptable, however, a specific construction staging plan,
pedestrian protection plan, and temporary landscaping plan will be required for each phase of
the project.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot B, Avon Center at Beaver Leek Subdivision PUD Final Development Plan
August 20, 2002 Planning & Zoning Commission meeting Page 5 of 6
10. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks, and police and fire protection.
Adequate public services appear to exist to service this development from the original PUD
approval and Development Agreement.
11. That the existing streets and roads are suitable and adequate to carry anticipated
traffic within the proposed PUD and in the vicinity of the proposed PUD.
The existing streets and roads are suitable to carry the anticipated traffic within the proposed
PUD. The shared access easement with Lot C should provide adequate access to the project
and to the proposed parking structure, however, garage slab elevations and finished floor
elevations will require further clarification to correspond to Lot C.
12. Development Standards
Development Standards including lot area, site dimensions, setbacks, height, density control,
site coverage, landscaping and parking shall be determined by the Town Council as part of
the approved development plan with consideration of the recommendation of the Planning
Commission. Proposed development standards are attached to this staff report.
Staff Discussion
Building A and B have been modified on the plan to accommodate the preferred pedestrian mall
alternative as outlined in the Town Center Plan. Additionally, parking has been clarified and the
original formulas for parking remain consistent with this proposal. Access requirements for the
surface parking lot along with compact space requirements may reduce the parking supply, and
will require further review prior to Council action. The provision of 6 employee dwelling units
is being offered by the developer as deed-restricted, which is supported by the Town
Comprehensive Plan. The potential exists for future commercial area for this project, which is
supported by the Town Center Plan; however, adequate parking must be demonstrated with any
increases in commercial density.
Staff Recommendation
Approve Resolution 02-11, recommending to the Town Council approval of the Lot B PUD
Development Plan for Lot B, Avon Center at Beaver Creek Subdivision, Block 2, Benchmark at
Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado with the following
conditions:
Remove all surface compact spaces from the site plan. Only standard size
(9'0"x18'0") parking spaces are permitted for surface parking. Total compact spaces
cannot exceed 30% of the total parking spaces in the garage.
2. Delete the proposed emergency access, and reconfigure the surface parking area to
accommodate a full one-way turning movement of the Ladder Truck (w/ 252" W.B.).
This revision must be submitted by a Professional Engineer to verify the turning
analysis.
3. The finished floor elevation of Buildings A and B must match the finished floor
elevations of the Seasons building and be verified by a Colorado licensed surveyor.
4. All parking aisles will be a minimum of 24'0" in width. Minimum clear ceiling
height on the parking structure entrance will be 7'6".
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot B, Avon Center at Beaver C,..,ek Subdivision PUD Final Development Plan
August 20, 2002 Planning & Zoning Commission meeting Page 6 of 6
5. Landscaping will be provided at a 20% minimum that meets the Town standards for
landscaping area.
6. Both perimeter and internal sidewalks must have a minimum width of 8'0".
7. Garage spot elevations do not match the proposed grades, and require revision on the
site plan.
A construction-staging plan is required to address each phase of the project, including
temporary landscaping.
9. A note shall be added along with a dimensioned `envelope' to the site plan that
indicates the future knockout area between Lot B and Lot C parking garages.
10. Architectural and design plans will be separately submitted and reviewed, and must
comply with the existing Town of Avon Residential, Commercial, and Industrial
Guidelines.
11. The PUD plan `Parking Requirements' table shall be amended to include the
minimum parking provision of 214 parking spaces for Lot A.
12. In the event that the parking standards set forth herein are not satisfied at any phase of
the project (including the minimum provision for Lot A), then accommodation units
will be reduced to satisfy the parking requirement.
13. All underground parking must be completed in Phase 1 as proposed.
14. Revised development plan addressing all of the above conditions must be provided
one week prior to first reading of PUD Ordinance by Town Council.
15. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in public
hearing(s) shall be adhered to and considered binding conditions of approval.
If you have any questions regarding this project or any planning matter, please call me at 748-
4030, or stop by the Community Development Department.
Respectfully submitted,
Tambi Katieb, AICP
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
maim'
AVON
C O L O R A D O
August 21, 2002
Patrick Nook
PWN Architects and Planners, Inc.
9250 E. Costilla Ave. Suite 440
Greenwood Village, CO 80112
RE: LOT B, AVON CENTER AT BEAVER CREEK SUBDIVISION
PUD FINAL DEVELOPMENT PLAN
Dear Pat:
On August 20, 2002 the Town of Avon Planning and Zoning Commission recommended
approval to Town Council of your application for the Lot B PUD Development Plan, Avon
Center at Beaver Creek Subdivision, with the following conditions:
2.
4.
6
7
8
10
x
11
12
Post Office Box 975
400 Benchmark Road
Avon, Colorado 81620 13
Remove all surface compact spaces from the site plan. Only standard size
(9'0"x18'0") parking spaces are permitted for surface parking. Total compact spaces
cannot exceed 30% of the total parking spaces in the garage.
Delete the proposed emergency access, and reconfigure the surface parking area to
accommodate a full one-way turning movement of the Ladder Truck (w/ 252" W.B.).
This revision must be submitted by a Professional Engineer to verify the turning
analysis.
The finished floor elevation of Buildings A and B must match the finished floor
elevations of the Seasons building and be verified by a Colorado licensed surveyor.
All parking aisles will be. a minimum of 24'0" in width. Minimum clear ceiling
height on the parking structure entrance will be 7'6".
Landscaping will be provided at a 20% minimum that meets the Town standards for
landscaping area.
Both perimeter and internal sidewalks must have a minimum width of 8'0".
Garage spot elevations do not match the proposed grades, and require revision on the
site plan.
A construction-staging plan is required to address each phase of the project, including
temporary landscaping.
A note shall be added along with a dimensioned `envelope' to the site plan that
indicates the future knockout area between Lot B and Lot C parking garages.
Architectural and design plans will be separately submitted and reviewed, and must
comply with the existing Town of Avon Residential, Commercial and Industrial
Guidelines.
The PUD plan `Parking Requirements' table shall be amended to include the
minimum parking provision of 214 parking spaces for Lot A.
In the event that the parking standards set forth herein are not satisfied at any phase
of the project (including the minimum provision for Lot A), then accommodation
units will be reduced to satisfy the parking requirement.
All underground parking must be completed in Phase 1 as proposed.
970-748-4000
970-949-9139"Fax
970-845-7708 TTY
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 02-11
SERIES OF 2002
A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF
AVON APPROVAL OF A PUD DEVELOPMENT PLAN FOR THE LOT B PUD, AVON
CENTER AT BEAVER CREEK SUBDIVISION, BLOCK 2, BENCHMARK AT
BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Suites at Avon LLC, has applied for a PUD development plan for Lot B, Avon
Center at Beaver Creek Subdivision, to adopt an overall site development plan, establish
development standards and general building footprints; and
WHEREAS, after notices required by law, a public hearing on said application was held by
the Planning & Zoning Commission of the Town of Avon; and
WHEREAS, said application is consistent with all legal requirements.
NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby
recommends to the Town Council of the Town of Avon approval of the application for the
PUD Development Plan for Lot B, Avon Center at Beaver Creek Subdivision, Block 2,
Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado with
the following conditions:
Remove all surface compact spaces from the site plan. Only standard size
(9'0"x18'0") parking spaces are permitted for surface parking. Total compact spaces
cannot exceed 30% of the total parking spaces in the garage.
2. Delete the proposed emergency access, and reconfigure the surface parking area to
accommodate a full one-way turning movement of the Ladder Truck (w/ 252" W.B.).
This revision must be submitted by a Professional Engineer to verify the turning
analysis.
3. The finished floor elevation of Buildings A and B must match the finished floor
elevations of the Seasons building and be verified by a Colorado licensed surveyor.
4. All parking aisles will be a minimum of 24'0" in width. Minimum clear ceiling
height on the parking structure entrance will be 7'6".
5. Landscaping will be provided at a 20% minimum that meets the Town standards for
landscaping area.
6. Both perimeter and internal sidewalks must have a minimum width of 8'0".
7. Garage spot elevations do not match the proposed grades, and require revision on the
site plan.
8. A construction-staging plan is required to address each phase of the project, including
temporary landscaping.
9. A note shall be added along with a dimensioned `envelope' to the site plan that
indicates the future knockout area between Lot B and Lot C parking garages.
10. Architectural and design plans will be separately submitted and reviewed, and must
comply with the existing Town of Avon Residential, Commercial, and Industrial
Guidelines.
11. The PUD plan `Parking Requirements' table shall be amended to include the
minimum parking provision of 214 parking spaces for Lot A.
12. In the event that the parking standards set forth herein are not satisfied at any phase of
the project (including the minimum provision for Lot A), then accommodation units
will be reduced to satisfy the parking requirement.
13. All underground parking must be completed in Phase 1 as proposed.
14. Revised development plan addressing all of the above conditions must be provided
one week prior to first reading of PUD Ordinance by Town Council.
15. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in public
hearing(s) shall be adhered to and considered binding conditions of approval.
ADOPTED THIS 20th DAY OF AUGUST, 2002
*idd: Date: Chris Evans, Chairman
W-Ccr(o-z-
Attest:
1'7,? ' cat
Date: 3
Michael McClinton, Secretary
14. Revised development plan addressing all of the above conditions must be provided
one week prior to first reading of PUD Ordinance by Town Council.
15. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in public
hearing(s) shall be adhered to and considered binding conditions of approval.
I have attached a signed copy of Resolution 02-11, recommending this approval to Town Council.
The first Town Council hearing is scheduled for Tuesday, August 27, 2002. Please submit a
revised development plan no later than Thursday, August 21, 2002 to be included in the Council
packet.
If we may be of further assistance, please do not hesitate to call us at 970.748.4030.
Kind Regards,
Tambi Katieb, AICP
cc: Stuart Borne, Avon Commercial Center Ltd.
File
[]SHAPIRO
DEN'ELOP\1ENT C0\1PA\Y
August 28, 2002
The Honorable Judy Yoder
Mayor, Town of Avon
400 Benchmark Rd.
Avon, Co. 81620
Re: Economic Impact on Town Tax Base of Revised Lot B Plan
Dear Mrs. Yoder,
You asked at the meeting for first reading of the Lot B Development Plan to have
some presentation of the impact to the tax base by allowing the second floor space in
Building A to residential not commercial. To properly evaluate the impact, it is
imperative to both understand what the value of second floor commercial and the likely
Assessed value of the residential. Recently we commissioned an appraisal of our
companies holding in the Avon Center to obtain a refinance. As we were trying to
refinance our goal was to value the property as high as possible to increase our loan
amount. The appraiser included a survey of the Avon commercial market, which is
illustrative of the values for commercial in Avon. To prepare this valuation I have used
the conclusions of the appraiser to determine the valuation of the second floor
commercial and the average price per square foot per the economic model that price list
of the residential units were derived from (as the assessor will use the sales prices to
value the residential property). I have included the data from the appraisal for back up
and because the material inside made provide useful to the town in other situations.
If you look at the spreadsheet at the Market Rent for second floor commercial on
page on page 11 I have used the market rents projected by the appraiser for office that
will apply 2 years from now ($20.09) as the project will take this long to complete. I have
also used the vacancy discount suggested by the appraiser on page 15 to discount the cash
flow. I have also used the capitalization rate adopted by the appraiser on page 17 to
determine the value of the Building A second floor space as commercial. After applying
the methodology that the appraiser adopted the value for ad valorum tax purposes does
not significantly deviate from each other and the Town will generate similar revenue with
both uses.
In addition I have been unable to find any second story commercial use currently
in the Town that collects sales tax and as the Town will benefit from Bed Tax revenue
from the Condo-tel units, the deviation froln ad valorum taxes would seem to be de
mintmus.
If you have any questions please do not hesitate to call.
Thank you,
Stuart Borne
100 W. Beaver Creek Blvd. Post Office Box 5640 TEL (970) 949-7980
Avon Center, Suite 220 Avon,Colorado 81620 FAX (970) 949-7984
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SUMMARY APPRAISAL OF
13 Commercial Condominiums within Avon Center
100 West Beaver Creek Boulevard
Avon, Colorado
RETECHS File #CCV 02-484 DEN
June 1, 2002
PREPARED FOR:
U.S. Bank
RETECHS Department
918 17"Street, 4`h Floor
Denver, Colorado 80202
PREPARED BY.
Intermountain Consultants, Inc.
2942 Evergreen Parkway, Suite 300
Evergreen, Colorado 80439
303.674.6587
13 Avon Center Commercial Condominiums
INCOME CAPITALIZATION APPROACH
The Income Capitalization Approach provides a value indication for the subject property by projecting a net
income stream through the use of comparable income and expense information which is generated from the
marketplace. The net income is then capitalized into a value estimate by either or both the Direct Capitalization
technique and/or the Discounted Cash Flow Analysis technique.
CONTRACT RENT
The subject is presently 83.5% leased with the tenants responsible for all expenses with the exception of those
associated with vacancy carry, reserves for replacement, and management not associated with common area
maintenance. The leases are summarized as follows:
Summary of Leases
Rent- I Expire- Re- Annual
tit able Lease lion I mainln9 Rent TenantExpenses Rent I Tenant SF Period ate Term PSF Escalations options
wPremium Retail Space a yr
All except reserves for rep! c? None 1S25.O?tpsf
115 Avon Lpuor 4,040 6u mos 12/02 [?O?7 nos 125.CPI ment & mgmt not assoc wIyr at mkt
Average Retail Space
Sim Iy 1 B mos 528.35 CPI All ex pt reserves for replace- None None
110 HairpS Skin 327 36 mos 12/03 ment 8 mgmI not assoc wICAM
1 3-yr
None Yr 1: 524 6
mo 524.36 CPI All exGepl reserves for reel
127 Brass Parrot 1,367 24 mos 7102 I 1 men! 8 mgmt not assoc wl8 yrs 2.3: I
Perimeter Office Space
I Yrs1-3? CPI
McMahan 1,999 60 mos 1107 55 mos $10.85 i Yr _t. E ual to All except reserves for rep! ?e None Z 3=,T at CPI
soc 222 8 Unit 21 rent ment 8 mgmt not assoc wI?AM
Yr 5: CPI
McMahan All except reserves for rep!?AM GC ? None 2 3-yr at CPI
220 a Mah 714 60 mos 1/07 `.5 mos S1 T.Ot I CPI men! 8 mgmt not assoc wI Assoc ArmstrongQ/ 19 mos $11.49 ment 8 I CPI All exceptmg not reservesm for assoc w
epl? None 4 3-yr at CPI
/ r A
6 mos 1104 t
I230 Novastad 2,909 3
All ex?epl reserves for rep! None None
VBookkeeDin9 1.473 36 mos 10!03 16 mos 519.26 CPI ment S mgmt not assoc wl
Stanwood 4/03 10 mos 516.80 CPI All except reerves for repl c? None None
M
vacations 1,250 24 mob ment 8 mgmt not assoc wI8AM
I
2101 Masthead 1,383 W. Owner WA WA I N/A N/A - N/A NU, -
1 Development occupied
Interior Office Space
-T- I ? - r'
nt eserves for rep!c? None 1 Yr 3i S7. 13b
ptmt not assoc w/?Aht 1 Yrs 2_3. 1PPI_
216 Brss Parrot IRt 24 mos 7102 1 mo 524.36 I ^PI All men! is mgr
nAo-to- cept rerves foep!
Mo-to- WA 511.77 I WA All men! ex5 mgmtes not rassocr wI? ceAM None None
Pin on X11 - mo rrxt
21? Shen --
Total 16,434 square feet
option exercised
a
intermountain Consultants. Inc.
Rents within the subject units range from $24.36 to $28.35 per square foot for the main level retail space and
from $10.85 to $24 36 per s "are f M f th
13 Avon Center Commercial Condominiums
q o0 or a upper level office space. The estimated pass-through for 2002,
which includes utilities, structural and common area maintenance, janitorial, and insurance, equates to $13.30
per square foot for the retail units and $13.84 per square foot for the office space. The retail pass-through
excludes electricity for heat which is paid directly by the tenants. The rents also include unassigned garage
parking. The majority of the lease periods are from three to five years and most have options extending from
three to twelve years which are based on increases in the Consumer Price Index (CPI), fixed amounts, or
market rent at that time.
MARKET RENT
In order to estimate the potential income of the subject, the rental data of several retail/office facilities in the
area was analyzed with the following projects selected because of their similarities and proximities to the
subject.
Rental Comparables
Annual Annual
No Name I Location I A e I Slze Rent Lease Escala- i Tenant
9 5F PSF Term tions Expenses
Retail
1. Benchmark Plaza
48 E Beaver Creek Blvd
Avon, Colorado
1982
3 50 $21.00
5 yrs
UPI All except reserves for
replacement & mgmt
not assoc w/CAM
2. Avon Plaza
150 E Beaver Creek Blvd
Avon, Colorado
1997
959 $22.00
5 yrs
CPI All except reserves for
replacement & mgmt
not assoc w/CAM
3. B
enchmark Center
E Beaver
82
Avon, Colorado Creek Blvd
Avon,
1975 600-
2.000 $19.00-
$23.00
3-5 yrs
CPI All except reserves for
replacement & mgmt
not assoc w/CAM
4. The Annex
142 E Beaver Creek Bivd
Avon, Colorado
1989
800-
3,200
$23.00-
$27.00
3-5 yrs
CPI All exce
pt reserves for
replacement & mgmt
not assoc w/CAM
office
1. Benchmark Plaza
48 E Beaver Creek Blvd
1982 440
1
000 $18.00-
3 yrs
CPI All except reserves for
l
Avon, Colorado , $18.00 rep
acement & mgmt
not a :;soc w/CAM
2. Avon Plaza
150 E Beaver Creek Blvd 1997 400-
1
0 $18.00-
3-5
rs cl)i All except reserves for
Avon, Colorado ,
00 I $20,30 y replacement & mgmt
not asscc w/CAM
-
3. Benchmark Cente, ?
82 E Beaver Creek Blvd 1975 600- $15.00- All exccoi reserves for
3
5
CPI
Avon, Colorado 2.000 $18.00 -
yrs I
replacerne..t & mgmt
not assoc w/CAM
5. WestStar Bank Building I
15 W Benchmark Rd
Avon, Colorado
1995
1.000-
3,150
$21.00-
$22.00
3-5 yrs I CPI FJ! exce
p? reserves for
replacement & mgmt
not assoc WCAM
6 Alpine Bank Building
10 W Beaver C
k Bl
d
199 All except reserves for
ree
v
Avon, Colorado 4 3,000 $22.00 5 yrs CPI replacement & mgmt
not assoc w/CAM
Intermountain Consultants, Inc.
13 Avon Center Commercial Condominiums
The comparables reflect a range of rents prior to adjustments from $19.00 to $27.00 per square foot for the
main level retail space and from $15.00 to $22.00 per square foot for the second level office space. The
variations in the rates are a reflection of the differences in the amount and quality of the space leased, age/
condition, building location, rating of the tenant, tenant finish, perimeter or interior location, and expense
responsibility of the tenant. Adjustments have also been made for the availability of garage parking for the
office users, but not forthe retail patrons since our interviews indicated that these users prefer surface parking.
The majority of the leases are for three- to five-year terms, many with additional five-year options. Escalations
are typical and are based on increases in the Consumer Price Index (CPI). All of the leases are on a triple
net basis where the tenants pay for their pro rata share of utilities, common area maintenance, insurance,
real estate taxes, janitorial, structural maintenance, and management costs associated with common area
maintenance. Furthermore, all of the lessees were responsible for the majority of the tenant improvements
with the spaces leased "as is."
All of the comparables are located in the Town of Avon and within a block of the subject. Nos. 5 and 6 are
superior in quality, whereas No. 3, Benchmark Center, is an older facility offering inferior quality space. Nos.
2, 3, and 5 lack garage parking for the office users. The rental adjustments are summarized as follows:
Summary of Rental Adjustments
Actual Loca- Age/ Ex- Unit Tenant Garage Total Adi Rent
No Rent PSF tion Quality Condition penses Location Finish Parking Adj PSF (md)
Premium Retail Space
1. $21.00 Equal Equal Equal Equal Equal Equal Equal $21.00
2. $22.00 +10.0% Equal Equal Equal Equal Equal Equal +10.0% $24.20
3. $19.00-$23.00 Equal +5.0% +5.0% Equal Equal Equal Equal +10.0% $20.90-$25.30
4. $23.00-$27.00 Equal Equal Equal Equal Equal Equal Equal 0.0% $23.00427.00
Average Retail Space
1. $21.00 Equal Equal Equal Equal -5.0% Equal Equal -5.0% $19.95
2. $22.00 +10.0% Equal Equal Equal -5.0% Equal Equal +5.0%
i $23.10
3. $19.00-$23.00 Equal +5.0% +5.0% Equal -5.0% Equal Equal +5.0% $19.95-$24.15
4. $23.00-$27.00 Equal Equal Equal Equal -5.0% Equal Equal -5.0% $21.85-$25.65
Perimeter Office Space
1. $18.00-$19.00 Equal Equal Equal Equal Equal Equal Equal 0.0% $18.00-$19.00
2. $18.00-$20.00 Equal Equal Equal Equal Equal Equal +2.5% +2.5% $18.45-$20.50
3. I $15.00-$18.00 Equal 1 +5.0% +5.0% Equal Equal Equal +2.5% +12.5% $16.90-$20.25
5. I $21.00-$22.00 Equal 5.0% Equal Equal Equal Equal +2.5% -2.5% $20.50-$21.45
=6 -$22.00 Equal _
T 10.0%
Equal
Equal
Equa!
Equal
Equal
10.0%
$19.80
Interior Office Space
1. $18.00-$19.00 Equal Equal Equal Equal -20.0% Equai Equal -20.0% $14 40-$15.20
2. $14.00420.00 Equal Equal Equal Equal -20.0% Equal +2.5% -17.5% $14.85-$16.50
3. $15.00-$18.00 Equal +5.0% +5.0% Equal -20.0% Equal + 2.5% -7.5% $13.90-$16.65
5. $21.00-$22.00 Equal -5.0% Equal Equal -20.0% Equal +2.5% -22.5% $16.30-$17.05
6. $22.00 Equal -10.0% Equal Equal -20.0% Equal Equal -30.0% $15.40
Intermountain Consultants. Inc. 10
13 Avon Center Commercial Condominiums
Based on the preceding discussion and after accounting for similarities and differences between the subject
and the comparables, it is our opinion that the market rent for the high exposure retail space of the subject
would most likely fall between $21.00 and $27.00 per square foot at an overall average of $25.00 per square
foot, while the low exposure retail space is estimated to range between $20.00 and $24.00 per square foot
at an overall average of $22.00 per square foot. The rent for the perimeter office space of the subject is
estimated between $18.00 and $21.00 per square foot with a $19.50 per square foot average, while the interior
office space is anticipated to range from $14.00 to $17.00 per square foot at an overall average of $15.50
per square foot. The estimated rents are based on five-year lease terms with the tenants responsible for all
expenses with the exception of those associated with vacancy carry, reserves for replacement, and manage-
ment not associated with common area maintenance. As indicated by the comparables, escalations are the
norm at the present time and it is our opinion that a 3.0% increase in rent is representative of the current
market. Our projections of market rent for the ten-year holding periods are as follows:
Projected Market Rents
Retail Office
Year
Premium
Space
Average
Space
Perimeter
Space
Interior
Space
1 $25.00 $22.00 $19.50 $15.50
2 $25.75 $22.66 $20.09 $15.97
3 $26.52 $23.34 $20.69 $16.44
4 $27.32 $24.04 $21.31 $16.94
5 $28. i4 $4.76
7 $21.95 $17.45
6 $28.98 $
2 5.50 $22.61 $17.97
7 $29.85 $26.27 $23.28 $18.51
8 $30.75 $27.06 $23.98 $19.06
9 $31.67 $27.87 $24.70 $19.63
10 $32.62 $28.71 $25.44 $20.22
intermountain Consultants. Inc.
11
13 Avon Center Commercial Condominiums
VACANCY AND COLLECTION ALLOWANCE
In projecting a stabilized vacancy and collection allowance for the subject units, several factors that are
significant with regard to the facility have been analyzed including the location and exposure of the property
in a desirable commercial area within the Town of Avon, the quality and design of the facility which is
competitive with other centers and appealing to prospective tenants, the existing available inventory as well
as projects that are planned to be developed in the near future, and the current 83.5% occupancy of the
subject.
In order to arrive at a stabilized vacancy rate, 20 commercial facilities in the Avon/Edwards area containing
a combined 538,105 square feet of space were surveyed with an overall vacancy level of 11.7% indicated.
Based on the performance of the subject, which is currently 83.5% leased, as well as on the occupancy levels
in similar and competing buildings, it is our opinion that a long-term vacancy and collection allowance of 7.0%
can be anticipated.
REAL ESTATE TAXES AND ASSESSMENTS
Assessed values in Eagle County are based upon 29% of the county assessor's estimated market value as
of 2001. The 2001 taxes, which were due in April of 2002, are calculated by multiplying the assessment by
the appropriate mill levy. The subject, identified as schedule numbers 45141, 45144, 45148-45156, 45158,
45958, and 46110, included a 2001 actual value of $4,498,760 and 3 2001 assessed value of $1,304,650.
The 2001 mill levy is $59.741 per $1,000 of assessed valuation with the taxes calculated at $77,941
($1,304,650 T $1,000 x $59.741). According to the treasurer's office, the taxes have been paid and no back
taxes are due. Furthermore, the subject is not in a special improvement district.
EXPENSES
In the Income Capitalization Approach, it is necessary to estimate the expenses of the property which are
applicable to the effective gross income. Annual operating expenses from similar buildings as well as the
actual reported expenses for the subject for 2000 and 2001 have been reviewed in order to estimate the
operating expenses for the retail/office condominiums. The actual expenses incurred by the subject are
summarized on the following page.
Intermountain Consultants. Inc. 12
13 Avon Center Commercial Condominiums
Summary of Actual Expenses
as Reported by Management
2000 2001
Description
Actual PSF Actual PSF
Reimbursable Expenses
Management $ .89 S .97
Association Fees $ 7.98 $ 8.49
Real Estate Taxes 3.76 $ 3.72
Total $12.63 $13.18
Non-Reimbursable Expenses
Administrafive/Miscellaneous $ .71 $ 1.06
Reserves for Replacement 29 $ .00
Total $ 1.00 $ 1.06
Combined Total
$13.63 $14.24
In reviewing the preceding expenses, it should be noted that the first floor units are individually metered with
the tenants paying directly for heat and electricity. The upper level office units are not separately metered
with the tenants paying their pro rata share to the landlord. That cost, which is not included in the preceding
figures, equated to $7,512 in 2000 and $6,518 in 2001. The condominium association fees encompass those
costs associated with maintaining the entire project and include insurance, landscaping, snow and trash
removal; structural maintenance, security, common area utilities, and maintenance. The preceding figures
do not include administrative costs associated with common area maintenance and reserves for r:iplacement.
In addition, to examining the expenses incurred by the subject, the actual expense pass-throughs of comparable
properties in the subject's marketplace have also been analyzed. The expenses range from $6.00 to $10.00
per square foot and encompass repairs and maintenance, landscaping, insurance, common utilities and
janitorial, trash and snow removal, and structural maintenance. Based on our analysis. the following stabilized
expenses are be:ieved to be representative of the subject:
Summary of Stabilized Expenses
Item Amount
Operating Expenses
Real Estate Taxes 19,679 sf @ $3.96 psf
Common Area Maintenance 19,679 sf @ $9.35 psf
Management/Administration 19,679 sf @ $ .25 psf
Reserves for Replacement 19,679 sf @ $ .20 psf
Total Expenses ($13.76 per square foot)
$ 77,900
_ $184,000
S 4,900
3,900
$270,700
Tenant Expense Reimbursement
Reat Estate Taxes 19,679 sf @ $3.96 psf
Common Area Maintenance 19,679 sf @ $9.35 psf
Total ($13.31 per square foot)
Less: Vacancy and Collection Allowance - 7.0%
Tenant Expense Reimbursement
Net Expenses ($1.38 per square foot)
S 77,900
$184, 000
$261,900
$ 18,333)
$2( 43,567)
$ 27,133
Intermountain Consultants, Inc. 13
CAPITALIZATION
13 Avon Center Commercial Condominiums
The next step in the Income Capitalization Approach is the selection of the most applicable method of
capitalization to apply to the net operating income. The two most commonly utilized methods are the
Discounted Cash Flow Analysis technique and the Direct Capitalization technique.
Discounted Cash Flow Analysis
In order to arrive at an estimate of value, a ten-year cash flow projection was developed incorporating the
loss or gain in income attributed to a number of factors including market and contract rents, expenses,
occupancy/absorption, tenant improvement expenses, and leasing commissions. The projected cash flow
as well as the anticipated reversion at the end of the tenth year are both discounted to a present value by an
appropriate discount rate which is commensurate with the risk of an investment of this type. The reversion
is based on capitalizing the eleventh year income stream and deducting from that figure the estimated
expenses of the sale. In developing the cash flow projection, the following assumptions were made:
Rental Income
The contract rents are escalated according to the provisions within the leases. The only leases with
favorable options below market rent at that time -- Avon Liquor, Brass Parrot, McMahan & Associates,
and Armstrong/Novastad --were assumed to be exercised. Once the leases expire and the favorable
options have been exercised, market rent is then applied for the duration of the holding period. The
potential market rent forthe premium main level retail space of the subject is estimated at $25.00 per
square foot and $22.00 per square foot for the average retail spaces. The rents for the second level
office space are estimated at $19.50 per square foot for the perimeter units and $15.50 per square
foot for the anterior spaces. The rents, which are based on five-year lease terms, are prcjected to
increase 3.0% annually forthe duration of the holding period. The rents for Sheri Pinion, the month-to-
month tenant, as well as the owner are applied at market levels.
Expenses
The expenses are based on provisions within the leases. The tenants are responsible for all expenses
with the exception of reserves for replacement, vacancy carry, and management not associated with
common area maintenance. The expenses are anticipated to increase 3.0% annually over the holding
period.
Occupancy/Absorption
Based on our survey of the subject marketplace, a 7.0% long-term vacancy and collection allowance
is deemed appropriate for the subject. The property is 83.5% leased at the present time and has
achieved stabilization.
Tenant Improvement Expenses
The tenants are responsible Tor all tenant improvements which is consistent with 'he subject
marketplace.
Leasing Commissions
Commissions of 7.0% are anticipated for the unleased space based on five-year lease terms. It is
an assumption that commissions of 7.0% of the gross income will be paid on approximately 50% of
the occupied space over the holding period. This accounts for rollovers as well as in-house leasing.
1
Intermountain Consultants. Inc. 4
13 Avon Center Commercial Condominiums
Reversion
The potential sale price ten years hence is estimated by capitalizing the eleventh year net income
from the prepared projection. The applied overall rate of return of 10.00% is well supported by the
range of overall rates indicated by the improved sales in the Avon/EdwardsNail marketplace.
Generally, the terminal capitalization rate is slightly higher than the capitalization rates indicated by
the current market due to the associated risks perceived ten years out. The projected expenses of
the sale are estimated at 4.0% of the anticipated sale price which are then deducted. The reversion
is calculated as follows:
Reversion Calculation
Item I Amount
11th Year Net Income
3436.755 capitalized Q 10.00% = 54,367,550
Less: 4.0% Sales Expense I ($ 174,702)
Indicated Reversion (md) I $4,195,000
Discount Rate
The estimated cash flows and reversion will not be obtained until the applicable future period. In
arriving at a value for these future benefits, it is necessary to discount them to present value. Present
value is defined as "today's cash lump sum which represents the current value of the right to collect
future payments. i3 A discount rate of 12.00% has been applied in this projection which is considered
consistent with investment expectations and reflects current investor yield requirements for properties
of this type in resort communities.
3 Real Estate Appraisal Terminology, the American Institute of Real Estate Appraisers and the Society of Real Estate Appraisers, 1964
Intermountain Consultants, Inc. 15
13 Avon Center Commercial Condominiums
Discounted Cash Flow Analysis
Leased Fee Interest 'As Is"
Year 1 Y ar 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Y ear 11
occupancy 93% 93% 93% 93% 93 % 93°6 93% 93% 93%
Market Rent Premium Retail S 25.001$ $ $
4 27.321$ 28.141$ _ 28.98 S 29.85 S 30.75 S 31.67 S 32.62 $ 33.60
Market Rent Avers a Retail $
22.001$ 26
24.04 S
24.76 S
25.50 S
26.27
S 27.06 S
27.87
f 28.71 S
29.57
Markel Rent Perimeter Office S 19.50 S $ 21.31 $ 21.95 $ 22.61 S 23.28 $ 23.98 $ 24.70 11 S 25.44 S 26.21
Market Rent Interior OFfrce $ 15.50 $ 15.96 S 16.4 17.97 S 18.51 S 19.06 S 19.631 $ 20.22 $ 20.83
Combine
d Market Rent S
20.241S
20.85 S
21.471S
23.46 S
24.17
S 2489
S 25.64
S 28.41 S
27.20
Actual Rent S 18.90 S 1%45 S 20.24 S 120.831$ J 22.07 S 22.65 S 23.51 S 24.21 S 24.94 S 25.86
Total Ex nses S 13.76 S 14.17 S 14.59 S 15.95 S 16.43 S 16.92 S 17.43 S 17.95 S 18.49
Tenant Ex nse Reimbursement S 13.31 S 13.71 S 14.12 S 14.98 15.43 S 15.89 S 16.371 S 16.861 S 17.36 S 17.89
Potential Gross Income
Premium Retail Space
Avon Liquor 101141 102515 105585 108756 112015 M 124217 127944 131782 135736
Averse Retail Space
Simply Hair6 Skin 9409 8479 7632 786 6648 9113 9387 9668
Brass Parrot 33300 34215 35238 3306 3448&4 3591 36987 38097 39240 40417
Perimeter Office Space M
McMahan & Associates 21964 22632 28467 3653 757 39920 41117 42351 43621 47718
Arms Novastad 33837 34852 35696 3697 338084 226 40403 41615 42864 44150 45474
VailBookkee i 28940 29469 30473 3138 298 34297 35326 36386 37478 38602
Starwood Vacations 21563 25106 25859 26635 27434 28257 29105 29978 30878 31804 32758
McMahan & Associates 12297 12666 13046 13437 13840 14256 14683 15124 15577 16045 17043
Masthead Development 26578 27376 28197 29043 29914 30812 31736 32688 33669 34679 35719
Vacant Space 3.245 SF 63278 65176 67131 69145 71219 73356 75557 77823 80158 _ 82563 85040
Interior Office Space
Brass Parrot 11717 12039 12400 8504 8391 8643 8902 9169 3444 9728 10020
Sheri Pinion 7920 8158 6403 8655 8915 9182 9457 1 9741 10033 10334 10644
Total Gross income 371944 382683 398329 409998 421715 434367 445681 462635 1 416514 1 490809 508839
Less: Vacancy/Collection - 7.0% 26036 26788 27883 28700 1 29520 30406 31198 1 32384 1 33356 3'357 35619
Effective Gross income 345908 355895 3704461 381298 392195 403961 414483 430250 1 413158 1 456453 1 473220
ODeratinq Expenses
Real Estate Taxes 00 80237 82644 85123 87677 90307 93017 95807 98681 101642 104691
Common Area Maintenance Fia4000 189520
1 195206 201062 207094 213306 219706 226297 233086 2478 247281
Mane ement/Administration 00 5047 5198 5354 5515 5680 5851 6026 6207 6393 6585
Reserves for Re lacement 00 4017 4138 4262 4389 4521 AF57 4797 9940 5089 5241
Total Operating Expenses 270700 278821 287186 295801 304675 313815 323230 332927 34291 5 353202 363798
Tenant Expense Reimbursement
Real Estate Taxes 77900 80237 82644 85123 87677 90307 93017 95807 98681 101642 104691
Common Area Maintenance 184000 189520 195206 201062 207094 213306 219706 22629 7 233086 240018 247281
Total 261900 269757 2778501 286185 294771 303674 312722 322104 331767 341720 351972
Less: Vacs /Collection - 7.0% 18333 18883 19449 20033 20634 21253 21891 22547 23224 23920 24638
Total Reimbursement 243567 250874 258400 256152 274137 282361 290832 2995571 308543 317800 327334
Net Income Befor^_ Leasing Commissions/Retrofi t 31877 5 32794 8 34166 1 35164 9 36165 7 37250 7 382085 396880 408787 421v5 0 436755
Less: Leasing Commissions 3430 4 1339 4 1394 2 1435 0 1476 0 1520 3 15599 16192 16678 1717 8 0
Less: Retrofit Improvements 0 0 0 0 0 0 0 ?:, 0 0 0
Total 3430 4 1339 41 139421 143501476 01 1520 3 1
55599911 161921 16678 1717 8 0
-
Net t"come After Leasin Commissions/Retrofil 284471 314554 327719 337299 346897 357304 36645.1 380688 ? 3:21091 403?72 436755
Reversion 54,195,000 (mo)
Discount Rate 12.00%
- --
Present Vahan 53.270.000 (md)
Employing the preceding assumptions to the prepared cash flow projection, it is our opinion that the market
value of the subject by use of the Discounted Cash Flow Analysis technique would be fairly represented at
$3,270,000.
Intermountain Consultants. Inc.
16
13 Avon Center Commeruai -ui iu- ,,,,..
Direct Capitalization
in orderto arrive at an appropriate overall rate, we have relied on transactions of commercial properties located
in the subject marketplace. These sales have been analyzed in such a manner that an overall capitalization
rate has been developed. In each case, the gross income and expenses are taken in accordance with
information confirmed by the buyer, seller, or real estate broker involved in the sale. The rate is influenced
by the type and age of the property, its location, the type of tenancy, and the income/expense ratio. The
improved sales are summarized as follows:
Summary of Improved Sales
Unit Sale Overall
No Size Sale Price Rate of
Name / Location YOC SF Date Sale Price PSF Return Grantor / Grantee
1. 4910-Vail Commercial SC 1975 Southwestern LLC/
40814 US 6 & 24
Eagle-Vail
Colorado Rmdld
1997 13,875 1/01 $2,330,000 $167.93 9.30% Eagle-Vail Business
, Center LLC
2. Eagle-Vail Exchange
40690 US 6 & 24
U
1997 Smallwood
,
nit E
Eagle-Vail
Colorado $ 585,000 $168.49 9.10% Exchange LLC!
R
d
i
E
i
, + ng
a
er
neer
ng
3. Ea
le-Vail Industrial Center
g
41310 US 6 & 24
Eagle-Vail, Colorado
1976 36,750 4/01
34,900,000
$133.33
9.91% Southwestern LLC/
S
Ymark Realty LLC
4. Avon Center Condos #129/1301135 1976 Avon Commercial
100 W Beaver Creek Blvd Rmdld 4,201 10199 $ 966,230 3230.00 9.10% Center/
Avon, Colorado 1990s BMW LLC
5. Benchmark Shopping Center Mountain
82 E Beaver Creek Blvd 1974 23,000 6101 $3,725,000 $161.96 I 9.50% Owners LP/
Avon, Colorado Stodmat Properties
The overall rates indicated by the sales range from 9.10% to 9.91 %, with all of the commercial properties
stabilized at the time of sale. Based on the sales activity while also recognizing the risks associated with
facilities such as Avon Center, an overall rate of 9.50% is believed to be representative of the subject. This
rate is applied to the first year net operating income of the subject, before leasing commissions and retrofit
as shown on the Discounted Cash Flow Analysis on Page 16, as follows:
$1111111111111W Net Operating Income capitalized @ 9.50%
Rounded to
Recapitulation
T; -e two techniques reflect a tight range of value from $3,270,000 to $3,355,000. N-ost weight was applied
to the Discounters Cash Flow Analysis technique which accounts for the variable income stream the -.,-operty
will incur over the next ten years.
ESTIMATE OF MARKET VALUE BY THE INCOME CAPITALIZATION APPROACH
Intermountain Consultants. Inc. 17
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager.
From: Stephen Hodges, Police Officer
Date: August September 03, 2002
Re: Ordinance, Sales to Underage Persons
Summary: The ordinance extant allows for the sale of beer to eighteen year olds.
Background: State law mandates the legal drinking age, twenty-one years old.
Discussion: By state statute it is illegal to sell beer to persons under the age of
twenty-one years. In order to prosecute people between the ages of eighteen and twenty one in
Municipal Court the ordinance should be changed. (Admittedly no attorney or defendant has
noticed the mistake in the last fifteen years.)
Recommendation: Approve the ordinance.
Alternatives: There is no realistic alternative.
Proposed Motion: "I move to approved Ordinance No. 02-21 "
Town Manager Comments:
ORDINANCE NO. 02-21
AN ORDINANCE AMENDING CHAPTER 9 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON TO PROHIBIT
THE SALE OF FERMENTED MALT BEVERAGES TO
PERSONS UNDER THE AGE OF TWENTY-ONE YEARS.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Title 9 of the Municipal Code of the Town of Avon is amended by repealing Sec.
9.12.060 and Sec 9.12.070 and reenacting them as follows:
9.12.060 Possession of liquors by under-age person. A. It is unlawful for any
person under the age of twenty-one to have in his possession or in his control in a
public place or a privately owned place opened to the use and access of the public,
any malt, vinous or spirituous liquors in any container of any kind, whether open or
unopened, within the town limits of the town.
B. It is unlawful for any person under the age of twenty-one years to have
in his possession or under his control in any public place or privately owned place
open to the use and access of the public any fermented malt beverage in any
container of any kind, whether opened or unopened, within the town limits of the
town.
9.12.070 Sale to Underage Persons. A.. It is unlawful for any person to procure for, sell
to, or give away within the town any malt, vinous, or spirituous liquors to any person
under the age of twenty-one years.
B. It is unlawful for any person to procure for, sell to or give away within the
town limits of the town any fermented malt beverages to any person under the age of
twenty-one years.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 10th day of September, 2002, and a public hearing on this ordinance
shall be held at the regular meeting of the Town Council on the 24th day of September, 2002, at
5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,
Colorado.
Mayor
ATTEST:
Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the 24th day of September, 2002.
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
RESOLUTION NO. 02-41
SERIES OF 2002
A RESOLUTION CERTIFYING DELINQUENT REAL ESTATE TRANSFER TAX FOR
COLLECTION BY THE EAGLE COUNTY TREASURER
WHEREAS, the Town Council of the Town of Avon, Colorado imposes a Real Estate Transfer tax
on the conveyance of property within the Town of Avon.
WHEREAS, the cost of this transfer tax is 2% of the purchase price and is due and payable at the
time of closing.
WHEREAS, failure to pay the tax when due shall cause a penalty and interest to be assessed.
WHEREAS, Real Estate Transfer Tax on a property in Avon has not been paid.
NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Avon, Colorado
that the following property is hereby declared to be in default for failure to pay this tax when due and is
hereby certified to the County Treasurer for collection.
TOTAL DUE
Lot 64 Mountain Star Subdivision Schedule #040210 $62,708.00
ADOPTED this 10th day of September, 2002
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Patty McKenny, Town Clerk
Real Estate Transfer Tax Certification
Town of Avon
Date of Certification, September 13, 2002
Schedule Name and Legal Description
Number Address
040210 Mr. Andrew McAdams Lot 64 Mountain Star
Box 2610
Edwards, CO 81632
Amount Due
$62,708.00
RESOLUTION NO. 02-42
SERIES OF 2002
A RESOLUTION CERTIFYING DELINQUENT ASSESSMENT PAYMENTS FOR LOCAL
IMPROVEMENT DISTRICT NO. 1990-1 (WILDRIDGE SPECIAL IMPROVEMENT DISTRICT) FOR
COLLECTION BY EAGLE COUNTY TREASURER
WHEREAS, the Town Council of the Town of Avon, Colorado has created Local Improvement
District No. 1990-1 (Wildridge Special Improvement District) for the purpose of making certain local
improvements; and
WHEREAS, Ordinance No. 90-14 assessed the cost of said improvements to and upon lots or
tracts of land within the District; and
WHEREAS, failure to pay when due any installment of principal and interest shall cause the
whole of the unpaid principal and accrued interest to become due and collectable immediately; and
WHEREAS, assessments of principal and interest due and payable March 1,
2002, have not been paid for certain properties in the District.
NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Avon, Colorado
that the following properties are hereby declared to be in default for failure to pay assessments due March
1, 2002, and are hereby certified to the County Treasurer for collection.
ASSESSMENT UNIT II TOTAL DUE
Block 1, Lot 52 Schedule #0022981 Wildridge $ 926.93
ASSESSMENT UNIT III TOTAL DUE
Block 2, Lot 44 Schedule #0023103 Wildridge $1,795.34
Block 4, Lot IS Schedule #0041273 Wildridge $ 802.10
Block 1, Lot 86 Schedule #0041830 Wildridge $ 655.72
TOTAL AMOUNT DUE $4,180.09
ADOPTED this 10th day of September, 2002
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST
Patty McKenny, Town Clerk
SPECIAL ASSESSMENT CERTIFICATION
NAME OF DISTRICT - LOCAL IMPROVEMENT DISTRICT NO. 1990-1
DATE OF CERTIFICATION, SEPTEMBER 13, 2002
THIS IS THE TWELFTH OF FIFTEEN INSTALLMENTS
Schedule Number Block & Lot Principal Balance Interest 2002 Total
22981 Blk 1, Lot 52 735.84 77.26 813.10
23103 Blk 2, Lot 44 1485.72 89.14 1574.86
41273 Blk 4, Lot 1 S 636.75 66.84 703.60
41830 Blk 1, Lot 86 530.62 44.57 575.19
2% @ 7 months Certify to County
March-Sept 14%
113.83 926.93
220.48 1795.34
98.50 802.10
80.53 655.72
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD AUGUST 27, 2002
A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400
Benchmark Road, Avon, Colorado in the Council Chambers.
Mayor Judy Yoder called the meeting to order at 5:30 PM. A roll call was taken with Councilors
Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt, Brian Sipes and Mayor Pro
Tern Buz Reynolds present. Also present were Town Manager Bill Efting, Assistant Town
Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Patty McKenny, Human
Resource Director Jacquie Halburnt, Town Engineer Norm Wood, Recreation Director Meryl
Jacobs, Public Works Director Bob Reed, Transit Director Harry Taylor, Community
Development Director Ruth Borne, and Planner Tambi Katieb, as well as members of the press
and public.
Citizen Input
Julie Kessenich, Recreation Center Coordinator, presented an update to the Council on the
triathlon that takes place on Sunday, September 8, 2002. Currently there are over 200 entries in
the race. It was noted that this date was also the same date as that of the fundraiser bike race for
ECO Trails. Councilor P. Buckley requested that next year maybe the planners of the two events
could coordinate so that the dates would not be the same.
Ron Wolfe, resident of Avon, P&Z Commissioner, and candidate for Town Council, was present
to address the Council about the budgeting process and the need for leadership at this time. He
also made a recommendation that Council members consider returning their compensation due to
the current budget constraints.
Ordinances
Town Attorney John Dunn presented Ordinance No. 02-18 for second reading and highlighted
the changes made to the Ordinance between first and second reading. He reviewed the memo
included in Council's packet and explained the revisions made in the following sections:
Section 3.08.030E.(20
Sections 3.08.030E. (2) (a), (b), and (c)
Section 3.08.030 E. (4) and (5)
Section 3.08.030 E. (3)
Section 3.08.035
Mayor Judy Yoder opened the public hearing and comments were taken from the public.
George Pavlick, Avon resident, does not support the use tax and believes it targets one group of
people, the building community. He thinks that is unfair and consideration should be given to
other increases in other taxes.
Ron Wolfe, Avon resident, commented that the question is a fundamentally good idea, however,
he had a few issues with the definition and the question. He thought that there should have been
some additional fine-tuning to the question before sending it to the ballot. He believes it should
be a decision of the town's residents.
Mayor Yoder closed the public hearings and opened the floor to Council discussion.
Councilor McDevitt asked for the definition of "construction materials". Attorney John Dunn
read the definition from the Municipal Code Book. In essence, the definition includes
construction materials to mean everything that comes to make the building. Councilor McDevitt
commented on his reservations about the issue, especially in light of his candidacy for Town
Council. In summary, he thought it was not really a tax on the construction industry per se but
rather a tax on growth for both the residential and commercial industry. He encouraged fellow
Council members to vote in support of the Ordinance.
Councilor Reynolds commented on the issue by showing support of the builders of the
community. He thinks the cost of construction has gotten way out of hand and this tax just adds
to that cost. He believes that users of certain services should be responsible for paying for those
services, i.e. bus service. He would prefer to find other avenues to balance the budget.
Councilor D. Buckley supported the Ordinance and also agreed with Council McDevitt. She
thinks the voters of Avon should decide whether or not to implement the tax.
Councilor P. Buckley does not support any new taxes. He does not think the Council has done
its due diligence yet. He believes there are other alternatives for revenue sources.
Councilor Brown does not support the use tax. He believes it targets people wanting to build a
house. He does not think that Avon should be in a panic mode and that implementing this tax is
just a knee jerk reaction to the budget problems.
Councilor Sipes, also a candidate for Avon Council, endorsed this tax. He does not believe that
growth is over. He prefers to close the loop on growth and would prefer passage of this
consumptive tax rather than the passage or increase of other taxes. He believes the voters of
Avon should decide this issue.
Judy Yoder supported the question and believes it is a growth question.
Councilor D. Buckley moved to approve Ordinance No. 02-18, Series 2002 - An Ordinance
Adding a Use Tax on Construction Materials. Councilor McDevitt seconded the motion and it
passed with the majority of votes as follows:
Aye: Buckley, McDevitt, Sipes, Yoder
Nay: P. Buckley, Reynolds, Brown
Ruth Borne presented Ordinance No. 02-19, Series 2002 for first reading. She noted the
applicant, LB Chapel Square, LLC submitted a PUD amendment to amend the Chapel Square
PUD to remove "Note 16" and replace it with the note as outlined in the Ordinance and to
remove the "Chapel" designation from the zoning documents to allow for the construction of a
loading dock to serve Building C. Applicant Dominic Mauriello, BAI/Braun Associates
presented some historical information as well as outlined the intent of the application. As
everyone was aware, the property reverted back to the lien holders and the current property
managers are trying to improve the building. After some discussion regarding the painting of the
building and the improvements required at the existing Wa1Mart building, a motion was made.
Regular Council Meeting Page 2 of 4
August 27, 2002
Councilor Brown moved to approve on first reading Ordinance No. 02-19, Series 2002 - An
Ordinance approving an amendment of the Chapel Square Planned Unit Development (PUD) for
Lots 22, 22A, 22B, Tracts A, B-1, B-, Block 2, Benchmark at Beaver Creek Subdivision, Town
of Avon, Eagle County, Colorado. Councilor Sipes seconded the motion and the motion passed
unanimously.
Planner Tambi Katieb presented Ordinance No. 02-20, Series 2002 for first reading. He noted
that the applicant, Suites at Avon LLC, submitted a PUD development plan to re-establish a
PUD Development Plan for Lot B. The history of this proposal includes approval of Lot B PUD
via a Development Agreement on September 19, 1998, and subsequent approval of a Preliminary
Development Plan for this project on December 3, 1998 by Ordinance No. 98-23. Additionally,
a final development plan was approved by Ordinance 99-3 (effective on February 23, 1999).
This final development plan has since expired and the project proponents are now seeking to
reestablish this final development plan.
Stuart Borne, VP of Shapiro development, was present to answer questions from Council. He
noted the land was under contract with a group of developers from Florida and that they have
hired him as the consultant for the project. Discussion ensued on a number of issues such as the
reduction in commercial space, how the residential units work for the project and parking.
Councilor D. Buckley moved to approve on first reading Ordinance No. 02-20, Series 2002 - An
Ordinance approving a PUD Development Plan for the Lot B Planned Unit Development (PUD)
for Lot B, Avon Center at Beaver Creek, Block 2, Benchmark at Beaver Creek Subdivision,
Town of Avon, Eagle County, Colorado. Councilor Brown seconded the motion and it passed
with a majority vote as follows:
Aye: Brown, Buckley, McDevitt, Yoder
Nay: P. Buckley, Reynolds, Sipes
Resolutions
Attorney John Dunn presented Resolution No. 02-39, Series 2002 noting that the Resolution was
a requirement in certifying the question for the November 5th ballot.
Councilor D. Buckley moved to approve Resolution No. 02-39 - A Resolution Submitting a
Ballot Question at the Coordinated Election of November 5, 2002. Councilor McDevitt
seconded the motion and it passed with a majority vote as follows:
Aye: Buckley, McDevitt, Sipes, Yoder
Nay: P. Buckley, Reynolds, Brown
Town Manager Report
Bill Efting reminded the Council and public that a public meeting would be held on September
18, 2002 with Avon business owners to discuss revenue options for the Town of Avon. The
meeting would be held in the Council Chambers.
Mayors Report
Mayor Judy Yoder congratulated the 12 candidates running for Avon Town Council. She noted
that a "Candidate Forum" would be held on October 8, 2002.
Regular Council Meeting Page 3 of 4
August 27, 2002
Other Business
Councilor Buckley invited the public to attend a bike race fundraiser for ECO trails on
September 8, 2002.
Councilor P. Buckley presented pictures and raised the junkyard issue that exists at the
Confluence. He would like to see the area cleaned up as soon as possible.
Consent Agenda
a. Approval of the August 13, 2002 Council Meeting Minutes
b. Resolution No. 02-40, Series 2002 - A Resolution Accepting Public Improvements and
releasing Securities held during the Warranty Period in Accordance with the Subdivision
Improvement Agreement for the Amended Plat of Chapel Square Subdivision, Town of
Avon, Eagle County, Colorado
e. EagleBe live Stfeetseapeimpr-evemenDesi?^ Ser-viees Proposal
d. East Avon Access & Circulation Streetscape Improvements - Change Order #8
e. The Village (at Avon) Filing 2 - Buffalo Ridge - Dedication of Utility Easement
Mayor Yoder noted that Item C be removed from the list of Consent Agenda items. She then
asked for a motion on the Consent Agenda. Councilor Brown moved to approve the Consent
Agenda. Councilor Buckley seconded the motion. The motion was carried unanimously.
There being no further business to come before the Council, Councilor McDevitt moved to
adjourn the meeting. Councilor Buckley seconded the motion. The meeting adjourned at 6:45
PM.
RESPECTFULLY SUBMITTED:
Patty Bierle-McKenny, Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Judy Yoder
Regular Council Meeting
August 27, 2002
Page 4 of 4
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager Z
Town Engineer ? ?
From• . Norm Wood, To
Anne Martens, Assistant Town Engineer
Date: September 5, 2002
Re: Buck Creek Drainage Improvements (I-70 to Eagle River)
Proposal / Inter-Mountain Engineering, Ltd.
Final Design & Construction Document Preparation Services
Summary: The attached Proposal for Final Design and Construction
Document Preparation Services for Storm Drainage Improvements - Buck Creek Basin (I-
70 to Eagle River) was submitted by Inter-Mountain Engineering, Ltd. The proposed
services include information gathering, surveying, mapping, wetlands identification and
mapping, landscape design to coordinate improvements with existing conditions, evaluate
alternate designs and estimated costs, coordinate design with CDOT, Railroad and US
Army Corps of Engineers and prepare corresponding Permit Applications, complete Final
Design with Construction Documents and prepare cost estimates at Preliminary and Final
Design stages. The proposed cost of these services is not to exceed $118,160 without
prior written approval. The anticipated design schedule provides for submission of Permit
Applications by January 31, 2003 and Advertisement for Construction Bids by March
2003. The current approved 5-Year Capital Improvements Fund Budget includes $75,000
in 2002 and $794,000 in 2003 for this project. The cost of these Services is within the
current approved budget but the total project cost will be monitored as revised and
updated cost estimates are developed during the design process.
Approval of the Inter-Mountain Engineering, Ltd. Proposal for Final Design and
Construction Document Preparation Services for Storm Drainage Improvements - Buck
Creek Basin (I-70 to Eagle River) with an estimated cost not to exceed $118,160 without
prior written approval is recommended.
I:\Engineering\CIP\Stormwater-Buck Creek\2.2 Design (Engineering)\2.2.3 Service ContractNemo Prpsl Aprvl.Doc
Recommendations: Approve the Inter-Mountain Engineering, Ltd.
Proposal for Final Design and Construction Document Preparation Services for Storm
Drainage Improvements - Buck Creek Basin (I-70 to Eagle River) with an estimated cost
not to exceed $118,160 without prior written approval.
Town Manager Comments:
l:\Engineering\CIP\Stormwater-Buck Creek\2.2 Design (Engineering)\2.2.3 Service Contract\Memo Prpsl Aprvl.Doc
0
mlInter-Mountain
Enga ring Ltd.
September 3, 2002
Mr. Norman Wood, Town Engineer
Town of Avon
P.O. Box 975
500 Swift Gulch Road
Avon, CO 81620
Hand Deliver - 500 Swift Gulch Road
Re: Final Design and Construction Document Preparation Services
Storm Drainage Improvements - Buck Creek Basin (1-70 to Eage River)
Dear Norman,
Inter-Mountain Engineering, Ltd. (IME) is pleased to present this proposal for
professional engineering services in connection with completion of preliminary
design, final design and construction document preparation for the improvements
recommended in the Metcalf Gulch and Buck Creek Storm Drainage
Improvements Conceptual Report (IME, January 2001) for the Buck Creek
drainage basin from 1-70 to the Eagle River outfall. We feel that we are uniquely
qualified for this project due to our familiarity with the required scope of work, our
solid working relationship with Town staff and the fact that we are a local firm
with extensive experience designing and building similar projects.
The Town's Master Drainage Study (IME, September 1994) and the previously
referenced report form the foundation for this work. IME completed final design
and prepared construction documents for improvements in Metcalf Gulch from
Interstate-70 to the Eagle River (in July 2001) and assisted the Town with
construction services for the project (completed in July 2002). The current project
is a logical extension of our previous work.
However, we understand that the Town would like to re-evaluate whether above
grade channels, below grade pipes, or a mix of the two, offers the most
efficacious solution to containing the design storm event and satisfying the
concerns of its affected citizens. We have modified the statement of work
(including additional survey work, debris flow analysis, landscaping, a new, digital
ortho-photo for use as a background in presentations and public meetings, a
8392 Continental Divide Road, Suite #107 • Littleton, Colorado 80127 • Phone: 303/948-6220 • Fax: 303/948-6526
77 Metcalf Road, #200 • Box 978 • Avon, Colorado 81620 • Phone: 970/949-5072 • From Denver Direct: 893-1531
Page 2 of 8
Storm Drainage Improvements - Buck Creek Basin (1-70 to the Eagle River)
Final Design Services
September 3, 2002
preliminary design phase, and two public presentations) and estimated design
cost from the Conceptual Report accordingly.
Over the years, [ME has successfully accomplished many similar projects for the
Town and other clients. We are familiar with Town expectations, which will help
lead to a successful project team and a superior product. Plus, we feel that being
local is a significant asset that will allow us to be more responsive to the Town's
needs.
Team Description and Profile
Inter-Mountain Engineering is a multi-disciplined civil engineering firm and an
equal opportunity employer. We have selected a highly skilled team to provide
necessary support services: H-P Geotech will provide the debris flow analysis,
soil testing and bearing recommendations for design; Terrasan will provide
landscape designs, and Western Bionomics will provide environmental services.
Inter-Mountain Engineering will coordinate the work of the team.
Hepworth-Pawlak Geotechnical, Inc. (H-P Geotech) is a full-service geotechnical
engineering consulting firm with offices in Glenwood Springs and Denver,
Colorado. Their staff of highly skilled professionals has considerable experience
with projects in the Eagle/Vail Valley.
Terrasan is an award winning landscape architecture and planning firm with
extensive experience designing projects, ranging from small and unique to large
and complex, throughout the Rocky Mountains and desert southwest. Their office
is located in Denver, Colorado.
Western Bionomics is located in Steamboat Springs, Colorado. The firm's staff
has over 30 years experience providing professional environmental services
throughout the Rocky Mountain West. Western Bionomics will perform wetlands
delineation and complete the application for a Corps of Engineers permit for work
in and adjacent to Buck Creek.
The key personnel that will participate in the project will include:
• Jeffery Spanel, P.E., Senior Project Manager
• Duane "Duke" Fehringer, P.E. & P.L.S., Survey Manager
• Sandra E. Mendonca, P.E., Project Manager
• David A. Young, P.E., Geotechnical Engineer
• George Pierce, Landscape Architect
• Bob Magnuson, Environmental Consultant
09/03/02 1:30 PM
Page 3 of 8
Storm Drainage Improvements - Buck Creek Basin (1-70 to the Eagle River)
Final Design Services
September 3, 2002
Ms. Mendonca joined IME in September 1999. She has nineteen years
experience with civil project planning, design and construction. She has a very
diverse background and is able to provide the project management and
coordination, public involvement, and engineering services required for this
project.
Resumes for key individuals making up our team are enclosed.
References & Protect History
IME has a great deal of experience with a wide variety of projects for the Town of
Avon and for private clients both in the Town and specifically within the Buck
Creek drainage. IME's projects in the Buck Creek drainage have included:
¦ 2001 Metcalf Gulch and Buck Creek Storm Drainage Improvements
Conceptual Report*
¦ 1994 Master Drainage Study
¦ Nottingham Road Street and Streetscape Improvements*
¦ Nottingham Road Bike Path Design and Construction*
¦ Swift Gulch Road Relocation
¦ Sedimentation Pond for Nottingham Lake
¦ Avon Recreation Center
¦ Avon Public Library
¦ Avon Municipal Building
¦ Avon Fire Station
¦ Nottingham Lake Emergency Spillway
¦ Lakeside Terrace/Falcon Point/Avon Lake Villas
¦ Comfort Inn*
¦ Greenbriar Condominiums
IME's work for the Town has also included projects outside this drainage:
Metcalf Gulch Drainage Improvements Design and Construction Services*, West
Beaver Creek Boulevard Construction Services, East Avon Street Improvements
Design and Construction Services*, various Streetscape Improvements, and
several aerial surveys.
IME has developed long-standing, highly satisfactory, working relationships with
Dave Young and Tom Westhoff of H-P Geotech, George Pierce of Terrasan and
Bob Magnuson of Western Bionomics. We have partnered with these individuals
and firms on several of the referenced projects (designated with *).
09/03/02 130 PM
Page 4 of 8
Storm Drainage Improvements - Buck Creek Basin (1-70 to the Eagle River)
Final Design Services
September 3, 2002
Norman Wood is very familiar with both the private and municipal work we have
performed, and should be considered as our reference.
Statement of Work
The scope of services, as defined by Town staff includes:
• Improvements recommended in the Metcalf Gulch and Buck Creek Storm
Drainage Improvements Conceptual Report for the Buck Creek basin from
Interstate 70 to the Eagle River, as modified during the preliminary design
phase.
• Completion of survey, soils testing, wetland delineation, final design,
construction documents and a construction cost estimate for the work.
• Debris flow analysis. At this time, we expect this analysis will indicate that
debris deposition occurs upstream of this project, north of Interstate-70.
Thus design and document preparation for mitigation systems is not
included in the basic scope of services.
• A maximum of two public presentations.
• Coordination of approvals and permits from CDOT, the railroad and the
U.S. Army Corps of Engineers.
Services for which extra fees will be negotiated, if required, include:
• Preparation of legal descriptions for permanent drainage easements
and/or temporary construction easements required for constructing the
project.
• Meetings, negotiations and discussions with property owners and/or
attorneys relative to acquisition of required easements.
• Debris flow mitigation systems design, drawings and specifications, if
required.
• Structural engineering if CDOT standard details are insufficient for
concrete headwalls, gabion walls, drop structures and inlets and/or BLM
standard details are insufficient for the energy dissipating structure at the
outfall to the Eagle River.
• Wetland mitigation design and construction documents, if replacement
outside the boundary of the initial survey is necessary or desired.
• Construction Services, if desired.
09/03/02 1:30 PM
Page 5 of 8
Storm Drainage Improvements - Buck Creek Basin (1-70 to the Eagle River)
Final Design Services
September 3, 2002
Phase I - Information Gathering
IME will gather available data, plans, plats, and right-of-way documents from our
files and utility company as-built drawings during the first week of the project.
IME will perform the detailed topographic survey necessary to complete final
design of the proposed improvements. Existing property corners, utilities,
drainage improvements, trees over 2", and surface features including edge of
pavement, paths/walks, curb and gutter, driveways, signs, retaining walls,
buildings, boulders and other, pertinent landscape features will be field located
during the survey, as needed. A new, digital orthophoto will be obtained to use as
a background on drawings for public presentations (and construction drawings, if
desired). Duke Fehringer will oversee this portion of the work.
Western Bionomics will formally delineate and traverse jurisdictional wetlands per
Corps of Engineers protocol and prepare a report describing the site, soils,
hydrology, vegetation and development plans for the proposed improvements.
They will also prepare a map that displays topographical and wetland features
and arrange a field review of the site with a Corps representative to confirm the
location of the jurisdictional wetlands.
H-P Geotech will indicate areas where soil type and strength may pose
significant concerns for locating and designing the proposed improvements and
complete the soils testing needed for design by IME. They will also begin the
debris flow analysis of the Buck Creek drainage at this time.
Terrasan will determine the location and operating characteristics of existing
irrigation systems and associated controls as needed to complete final design
and restore functionality after completion of the proposed improvements.
IME will prepare a base map, using the information gathered, on which to overlay
the proposed improvements.
IME will meet and consult with Town staff one time and, if desired, attend one
public meeting during this phase of the work to solidify the scope of work and
identify constraints and issues. IME will produce and distribute minutes from
these meetings to Town staff.
Phase II - Preliminary Design
IME will re-visit the concept designs, addressing public concerns as directed by
Town staff and incorporating an evaluation of whether above grade channels,
below grade pipes, or a mix of the two, offers the most efficacious solution to
containing the design storm event. IME's team will develop concepts (within the
09/03/02 1:30 PM
Page 6of8
Storm Drainage Improvements - Buck Creek Basin (1-70 to the Eagle River)
Final Design Services
September 3, 2002
boundaries of the initial survey) and estimates for a maximum of two, alternative
design solutions during this phase of the work.
IME will discuss the design concepts with CDOT, the railroad, and our soils,
landscape, and environmental consultants to identify constraints and issues as
early as possible in the design process.
IME and Terrasan will meet and consult with Town staff two times and, if desired,
attend one public meeting during this phase of the work to finalize the scope of
work, constraints and issues. IME will produce and distribute minutes from these
meetings to Town staff-
Phase III - Final Design
IME will complete final design, for one preferred alternative with options for both
open cut and borings for crossing the railroad tracks, of proposed storm drainage
improvements. We will address comments from Town staff from the preliminary
design phase. IME's team will specify the location, size and/or elevation (as
appropriate) of grading and drainage improvements, necessary utility relocations
or adjustments, required easements, landscaping, wetland mitigation within the
basic scope of services, and minor structure relocations for review by Town staff.
The design work will be conducted in accordance with Town of Avon standards
and requirements.
IME will co-ordinate the design with Town staff, CDOT, the railroad, and our
soils, landscape, and environmental consultants to appropriately address
identified constraints and issues as early as possible in the final design process.
IME will meet with Town staff two times during this phase of the work. We will
also attend one Council meeting, if desired. IME will produce and distribute
minutes from the meetings to Town staff.
Phase IV - Construction Documents and Cost Estimate
The construction plan set will include a title sheet with vicinity map and general
notes, plan/profile sheets with grading, drainage, and erosion control, cross
sections (where necessary), and typical details. We will include drawings for two
alternatives (open cut and boring) for crossing the railroad tracks.
[ME will compile a complete Project Manual with
Tabulation Sheets, Town Standard Front End
engineer's estimate of construction costs.
Technical Specifications, Bid
Contract Documents and an
09/03/02 1:30 PM
Page 7 of 8
Storm Drainage Improvements - Buck Creek Basin (1-70 to the Eagle River)
Final Design Services
September 3, 2002
IME and Terrasan will meet and consult with Town staff three times during this
phase of the work to ensure that the plans and documents developed thoroughly
address identified issues and constraints. IME will produce and distribute minutes
from the meetings to Town staff.
The completed plans and permit applications will be delivered to CDOT, the
railroad and the U.S. Army Corps of Engineers for review, comment and
permitting on or before January 31, 2003. If possible, depending on the review
and approval schedules of each of the jurisdictional authorities, permits will be
obtained prior to advertisement of the construction contract in late February/early
March 2003.
During final design and construction document preparation, easement
requirements will be identified. However, the number, and thus the cost, is not
fixed at this time. If legal descriptions are required, the fees and schedule for
these additional services will be negotiated with the Town during this stage of the
work.
Phase V - Construction Contract Administration
Although it is not part of the basic scope of services for the project at this time,
Inter-Mountain Engineering and Terrasan would be pleased to provide
construction services for this work.
Fee
The estimated fee for the proposed basic services, with alternative details for
open cut and borings under the railroad tracks, is $118,160.00. We will not
exceed this fee without prior approval. Our fee is detailed as follows:
1. Info. Gathering $22,450.00
2. Preliminary Design, Coordination & Cost Estimates $10,680.00
3. Final Design & Coordination $14,560.00
4. Construction Documents, Permits & Cost Estimate $32,740.00
5. Reimbursable Expenses $ 500.00
6. Sub-Consultant Charges
a. Soils Tests & Bearing Recommendations $ 9,000.00
b. Debris Analysis/Clearance $ 3,000.00
c. Landscaping $19,250.00
d. Environmental Services $ 5,980.00
TOTAL $118,160.00
09/03/02 1:30 PM
Page 8 of 8
Storm Drainage Improvements - Buck Creek Basin (1-70 to the Eagle River)
Final Design Services
September 3, 2002
The services are inter-related. The total fee is broken down into tasks solely to
facilitate communication of the scope of work and the preparation and approval
of progress billings.
Hourly rates for all services are listed in the enclosed fee schedules.
Revisions in the scope of services, alignment changes or extra engineering
required by the Town (except for minor or insignificant changes) necessitating
changes to the design, drawings and/or documents will result in an appropriate
adjustment in the cost of the services. All work outside the statement of work
described herein will be billed at the normal billing rates for the individuals
assigned to the project. IME will not perform out-of-scope work without
authorization from the Town.
Conclusion
This proposal is written in response to your request. The proposal includes an
overview of our approach to the project to demonstrate our understanding of the
services required.
Again, we feel that the experience of our team makes IME the ideal candidate to
provide the necessary survey and engineering services for the Buck Creek Storm
Drainage Improvements project. We look forward to continuing our work with the
Town of Avon.
Thank you for your consideration,
Sandra E. Mendonca, P.E.
Project Manager
Please acknowledge your consent to this proposal/agreement, including the
enclosed General Conditions, by signing below and returning one copy to us.
By
Enclosures
Date
09/03/02 1:30 PM
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager ?j
From: Scott Wright, Finance Director
Date: September 4, 2002
Re: Quest ISDN Primary Rate Service Agreement
Summary:
This is an Agreement between the Town of Avon and Qwest for the provision of Qwest Integrated
Switched Digital Network ("ISDN") Service. This service replaces the current agreement between the
Town and Qwest for it's main T-1 and DID trunks for telephone service. This agreement is being made
available to only government entities by piggybacking off of the State of Colorado's agreement.
By utilizing the new technology available with the ISDN service, a large number of the Town's analog
phone lines that are currently used for trunks, faxes, modems, TTY, etc., can be converted to less
costly DID numbers. By adopting this new agreement, the Town of Avon will save approximately
$85,679 in phone costs over the next 5 years. Another benefit to this agreement will be that all the
Town's DID lines will have send and receive caller-id available.
The estimated cost of upgrade and installation will be $4,000 which includes the purchase of an
additional card for the Town's PBX. The 2002 budget will be revised to reflect this appropriation if the
agreement is approved.
Town Manager Comments:
v ? C U ?
Attachments:
Qwest ISDN Primary Rate Service Agreement
Summary of Current vs. ISDN Pricing
Page 1
TOWN OF AVON ISDN-PRI
....:::::::::::::::::::::::::::::::::::.:::.:.:::::::............... .
Upgrade to ISDN-PRI, with DID trunks: 27-Aug-02
Waive installation fees on Trunks and T1 Span (saves $3500 p er PRI circuit).
PRI service is the only T1 which can send & receive Caller ID info.
Government Rate pricing--$820 per month for 23 DID Trunks.
60 month term.
Get more trunks & better service for lower monthly recurring charge.
State of Colorado is encouraging all governmental offices to switch to ISDN-PRI.
CURRENT PRICING FOR SERVICE
Basic T1, 60 month term $265.00 x 1 = $265.00
Number Blocks $3.00 x 10 = $30.00
DID Trunks on T1 $69.83 x 12 = $837.96
Basic Trunks $29.83 x 9 = $268.47
Hunting $4.09 x 6 = $24.54
Centrex Lines, 400 Benchmark $31.38 x 12 = $376.56
Centrex Lines, 325 Benchmark $31.38 x 4 = $125.52
Centrex Lines, 500 Swift Gulch $31.38 x 6 = $188.28
Federal Access Charge $8.80 x 43 = $378.40
Total Cost for Lines $2,494.73
GOVERNMENT RATE PRICING FOR ISDN-PRI CIRCUITS (60 mo Term)
ISDN-PRI Circuit with Caller ID $820.00 x 1 = $820.00
with Two Way DID Trunks 23
Centrex Lines, 400 Benchmark $31.38 x 2 = $62.76
Centrex Lines, 325 Benchmark $31.38 x 2 = $62.76
Centrex Lines, 500 Swift Gulch $31.38 x 2 = $62.76
Caller ID $20.00 x 1 = $20.00
Federal Access Charge $8.80 x 11 = $96.80
Total Cost for ISDN-PRI / Trunks and Lines $1,125.08
_ ... ...............:._ ..._.. .......:..:...........:.. ::::._._...... :,.:;...:.....::......
...
__
Monthly Savings for upgrading to ISDN-PRI&all:e:rI ID $1,369.65
1
Savings over 60 Months $82,179.00
Plus Value of FREE INSTALLATION $3,500.00
NET SAVINGS by Upgrading to ISDN-PRI $85,679.00
X 5.
......................... .
:::::.:::...........................................................
...............
SDN-PRI
ESTIMATED HARDWARE COSTS TO CONVERT TO I
Estimated Cost of Upgrade & Installation $4,000.00
Leaving one Fax line and Fire Alarm Line at each site.
Agreement Number:
Main Billing Number: 970-748-4000
QWEST ISDN PRIMARY RATE SERVICE AGREEMENT
This is an Agreement between Avon Town Government ("Customer"), and Qwest Corporation
("Qwest"), for the provision of Qwest Integrated Switched Digital Network ("ISDN") Service ("Service").
Customer is a Colorado state or local government agency or K-12 school, and hereby represents that, as
such, it is qualified to purchase Service as a qualified entity as defined in Attachment 4 for Integrated
Switched Digital Network Service to the State of Colorado Master Services Agreement OOAMA00044
(Attachment 4 #CDS-001206-0114) executed on about February 8, 2001 between the State of Colorado
and Qwest Corporation ("Attachment 4 to the Master Agreement"). The pricing provided hereunder will
remain in effect for the term of this Agreement, and so long as the State of Colorado maintains the
conditions required for such pricing, as set forth in Attachment 4 to the Master Agreement.
1. SCOPE.
1.1. Qwest shall provide and Customer shall pay for digital intraLATA, intrastate, switched local
exchange telecommunications service utilizing ISDN PRI Primary Rate Interface ("ISDN-PRI") technology
that transports and distributes voice, data, image, and/or facsimile communications separately or
simultaneously over the public switched local exchange network ("Service"), as defined herein. Service
components are DS1 transport ("DS1"), ISDN PRI configuration, and trunks as indicated on Attachment 1,
incorporated herein. Other than pricing and termination liability, Qwest shall provide Service in
accordance with the applicable State Tariff, Price List, and/or Catalog ("Tariff') which governs Service in
the state Service is provided, incorporated herein by this reference. Any Supplements to this Agreement,
including such additional Attachment(s) as may be added from time to time, must be made in writing and
executed by the parties. Qwest is offering Service to Customer with volume and term pricing provisions
("Service Volume/Term Discount Pricing Plan").
1.2. Pursuant to state requirements, Qwest may be required to submit this Agreement to the state
commission. In the event the state commission does not approve this unique offering, Service shall be
offered in accordance with the applicable Tariff provisions. In states where Qwest is required to offer
Service per Tariff provisions, any conflict between the Tariff and this Agreement shall be resolved in favor
of the Tariff. Tariff shall be defined as the applicable State Tariff, Price List, Price Schedule,
Administrative Guideline and/or Catalog ("Tariff') which governs Service in the state in which Service is
provided.
1.3. Service operates at 1.544 megabits per second (Mbps). It is comprised of 23 B channels and one
D channel. Each B Channel transmits voice or data at 64 kilobits per second (Kbps). The D channel
carries signaling information at 64 Kbps.
1.4. Subject to availability, a second PRS may be equipped at the same location to provide 24 B
channels only (24B) or to provide 23 B channels plus 1 back-up channel (23B+BUD).
1.5. Customer may also select Uniform Access Solution ("UAS") as indicated in Attachment 1 . UAS is
a digital service offering with single number route indexing which includes a DS1 facility with common
equipment and a network connection which provides for local exchange, toll network access. Each DS1
facility utilizes the channels configured as In-Only or Two-Way trunk side termination.
1.6. Customer agrees that Service shall not be used to provide long distance carrier services,
including voice traffic using internet technologies, thus avoiding switched access service charges.
Colorado GES ISDNPRS Form 5.doc Page 1 Version: 6-26-02
2. TERM.
2.1. This Agreement is effective on the latest signature date and expires sixty (60) months from the
date Service is available to Customer under this Agreement, as evidenced by Qwest records ("Term").
The Minimum Service Period ("Minimum Service Period") for Service is twelve (12) months.
2.2. This Agreement will become effective immediately in most states, in some states, only after
mandatory filing requirements are met and approved.
2.3. Should Qwest continue to provide Service after this term without a further agreement, the service
charges will convert to the applicable month-to-month rate under the terms and conditions of the
applicable Tariff, or in its absence, this Agreement.
3. SERVICE PROVIDED.
3.1 Qwest will provide and maintain the Service at the locations and in the quantities specified in
Attachment 1, which by this reference is incorporated and made part of this Agreement.
3.2 Qwest shall notify Customer of the date Service ordered is available to Customer under this
Agreement. In the event Customer is unable or unwilling to accept service at such time, the subject
Service will be held available for Customer for a period not to exceed thirty (30) business days from such
date ("Grace Period"). If after this Grace Period, Customer still has not accepted service Qwest may, at its
sole discretion, after consultation with Customer either: (i) commence with regular monthly billing for the
subject Service; or, (ii) terminate the subject Service and invoice Customer for any applicable cancellation
charges pursuant to Section 6.2, which shall include the full non-recurring installation charges that would
have otherwise applied.
4. CHARGES AND BILLING.
4.1 Charges for Service shall be those specified in Attachment 1. In addition to the monthly recurring
charges and nonrecurring charges specified herein, Customer shall pay Qwest all applicable taxes, usual
and customary surcharges and all government imposed fees and charges that relate to the Service or
installation rendered hereunder. Customer is purchasing Service hereunder as a qualified Colorado state
or local government agency or K-12 school under Attachment 4 to the Master Agreement. Charges for
Service hereunder will remain in effect for the term of this Agreement, and so long as the State of
Colorado maintains the conditions required for such pricing, as set forth in Attachment 4 to the Master
Agreement (the State must 1) maintain a minimum of eleven (11) circuits with Qwest, or 2) have the PRS
ride a contracted DS3 or higher, in order to receive discounts). Customer's Service hereunder will contribute
to meeting the State's requirements. In the event the State does not maintain such conditions, a pricing
adjustment will be made to all PRS DS1 circuits in service, including all DS1 circuits under this Agreement.
The adjustment will revert circuits to existing Tariff rates, retroactive to the original installation date, as
evidenced by Qwest records.
4.2. If, within ninety (90) days of the service order application date, Qwest is unable to provide Service,
Qwest will recognize both Customer's active circuits and its ordered circuits, in calculating the applicable
rates. Delayed ordered circuits shall be defined as those circuits that Qwest was unable to provide within the
ninety (90) day cycle. If after ninety (90) days, Customer cancels any ordered circuits which are included in
determining Customer's applicable rates , Qwest will adjust the billing to reflect the correct volume level.
4.3. The charges for Services under this Agreement, including any and all discounts to which Customer
may be entitled, will be offered and charged to Customer independently from and regardless of the
Customer's purchase of any customer premises equipment or enhanced services from Qwest.
4.4. Customer shall pay each billing statement in full by the payment due date. If late payment charges
are applicable and permitted by law, they may be assessed and billed at 1 1/2 percent per month or the
highest lawful rate, whichever is less, on the unpaid balance.
Colorado GES ISDNPRS Form S.doc Page 2 Version: 6-26-02
4.5. If Service is not available in Customer's switch, an interoffice mileage charge for transport
between switches shall apply and it will be included in the charges stabilized and specified in the
Attachment(s).
5. SERVICE CHANGES.
5.1. MOVES. Customer may move the physical location of all or part of Service to another location
within the same Qwest intrastate intraLATA serving area as the Service being moved, provided the
following conditions for the move are met; 1) Service moved to the new location is provided to Customer
by Qwest; 2) Customer advises Qwest that Service at the new location replaces existing Service;
3) Customer's requests for the disconnection of the existing Service and the installation at the new
location are received by Qwest on the same date; 4) Customer requests Qwest to install the service at
the new location on or prior to the disconnection date of the existing Service; and 5) Customer agrees to
execute written amendments to this Agreement; pay all then current recurring and nonrecurring charges
related to the service at the new location, pursuant to this Agreement; and 6) Customer agrees if the move
is within the same Qwest switch, to pay $500.00 per span, and if the move is to a different Qwest switch,
to pay $1,000.00 per span.
5.2. ADDITIONS TO SERVICE. Customer may request additions to Service and Qwest will supply
such additions to Customer, subject to the following conditions: 1) Qwest commercially offers such
additions and necessary facilities are technically and practicably available; 2) the charges for additional
Service will be charged according to the following criteria: (a) if term equals thirty-six (36) months, Service
may only be added through month 18 and Customer will be charged at the rates specified herein and
Customer will receive a fifty percent (50%) discount on nonrecurring charges for such additions to Service,
or (b) if term equals sixty (60) months, Service may only be added through month 36 and Customer will be
charged at the rates specified herein through month 36 of this Agreement and nonrecurring charges for
such additions to Service will be waived. Service added after the 18th month or 36th month respectively
may be added as follows: 1) Customer and Qwest may renegotiate and execute a new term Agreement
that would include existing Service plus additional Service, 2) Service may be ordered under a new and
separate agreement, or 3) Service may be ordered under the month-to-month tariff rates then in effect.
Threshold quantities as defined in Section 6 below will be revised to reflect Service additions.
6. TERMINATION.
6.1 Either party may terminate this Agreement for cause provided written notice is given the other
party specifying the cause for termination and requesting correction within thirty (30) days is given the
other party and such cause is not corrected within that thirty (30) day period. Cause is any material
breach of the terms of this Agreement. If Qwest terminates this Agreement for cause or if Customer
terminates this Agreement WITHOUT cause, Customer shall pay early termination charges, as follows.
6.2 If termination is prior to installation of Service and after execution of this Agreement, early
termination charges shall be those reasonable expenses incurred by Qwest through the date of
termination. Such charges may include, but are not limited to all engineering, planning, preparation,
materials, supplies, placement, facilities, acquisition, transportation, installation, construction, and labor
costs and charges incurred by Qwest, or as specified in State Tariff.
6.3 Customer may disconnect up to fifteen percent (15%) of the initial number of DS1 circuits used to
deliver PRS trunking after installation and no termination charges will apply. Notwithstanding the above,
should Customer drop below the Initial Threshold Quantity indicated in Attachment 1 at any time during
the Term of this Agreement, the Termination Threshold shall no longer apply to existing Service and
Customer shall no longer qualify for a Termination Threshold throughout the remaining Term of this
Agreement. The Initial Threshold Quantity is defined as eighty-five percent (85%) of the initial, total circuits
on this Agreement at the time of execution as set forth in Attachment 1. Starting from the time Service
drops below the Initial Threshold Quantity, Customer shall pay all applicable termination charges, as
defined below.
6.4. If, during the Minimum Service Period of twelve (12) months and after installation, Customer
disconnects Service below any applicable Termination Threshold, Customer shall pay a termination
Colorado GES ISDNPRS Form 5.doc Page 3 Version: 6-26-02
charge based upon 100% of the monthly recurring rate for the months remaining in the Minimum Service
Period. After the Minimum Service Period, Customer shall pay termination charges for Service that is
below the Threshold, calculated as follows: Quantity of Service terminated at the then current service
level, multiplied by the number of months remaining in this Agreement, multiplied by the Termination
Liability Percentage as identified below in Table 6.4.1.
Table 6.4.1. -Termination Liability
TERMINATION DATE/TERM
YEAR MONTH TERMINATION LIABILITY (TLA%)
(Section 6.4.)
1 (1-12)
Minimum Service Period a
100 /o
2 (13-24) 80%
3 (25-36) 70%
4 (37-48) 65%
5 (49-60) 45%
6.5. A termination charge will be waived when all of the following conditions are met: 1) the Customer
discontinues their contracted service(s) and signs a new service agreement(s) for any other
Qwest-provided service(s), 2) the new service agreement(s) have a total value equal to or greater than
115% of the remaining prorated value of the existing agreement(s) (excluding any special construction
charges, applicable nonrecurring charges, or previously billed but unpaid recurring and/or nonrecurring
charges), 3) the Customer places the orders to discontinue the service and establish new service at the
same time, and 4) a new minimum service period goes into effect when the new service agreement term
begins. New service is defined as newly installed service placed under new service agreement(s), or
newly installed additions to existing service agreement(s), but does not include renewals of expiring
service agreement(s), renegotiations of existing service agreement(s) or conversions from month-to-
month service to contracted service. The waiver does not apply to changes between regulated products
and services, and unregulated or enhanced products and services.
7. OUT-OF-SERVICE CREDIT. If Qwest causes a Service interruption, an out-of-service credit will
be calculated under the state local exchange Tariff. If there is no applicable tariff and the interruption lasts
for more than twenty-four (24) consecutive hours after Qwest receives notice of it, Qwest will give
Customer credit calculated by: (a) dividing the monthly rate for the affected Service by thirty (30) days; and
then (b) multiplying that daily rate by the number of days, or major fraction, that Service was interrupted.
8. OWNERSHIP AND PROVISIONING OF SERVICE. Title to, and ownership of, all equipment and
facilities Qwest uses in supplying Service is and remains with Qwest. Qwest will provision and supply
Service described in this Attachment in any manner and by means of any equipment, software, and facilities
Qwest chooses. The method of provisioning of Service is a matter within Qwest's sole discretion.
9. SERVICE SUSPENSION/MAINTENANCE. Qwest may from time to time suspend Service for
routine maintenance or rearrangement of facilities or equipment. Qwest will give Customer advance
notification of the Service suspension. Such Service suspension is not considered an Out-of-Service
condition provided Service is restored by the end of the period specified in the notification.
10. PERSONAL INJURY; PROPERTY DAMAGE. Each party shall be responsible for any actual
physical damages it directly causes in the course of its performance under this Agreement, limited to
damages resulting from personal injuries, death, or property damage arising from negligent acts or
omissions; PROVIDED HOWEVER, THAT NEITHER PARTY SHALL BE LIABLE FOR ANY
Colorado GES ISDNPRS Form 5.doc Page 4 Version: 6-26-02
INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT.
11. LIMITATION OF LIABILITY. QWEST SHALL NOT BE LIABLE TO CUSTOMER FOR ANY
INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT
NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT. EXCEPT AS
PROVIDED IN THIS AGREEMENT, ANY QWEST LIABILITY TO CUSTOMER FOR ANY DAMAGES OF
ANY KIND UNDER THIS AGREEMENT SHALL NOT EXCEED, IN AMOUNT, A SUM EQUIVALENT TO
THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER THIS AGREEMENT ARE
EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.
12. NO WARRANTIES. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
13. UNCONTROLLABLE CONDITIONS. Neither party shall be deemed in violation of this
Agreement if it is prevented from performing any of the obligations under this Agreement by reason of
severe weather and storms; earthquakes or other natural occurrences; strikes or other labor unrest; power
failures; nuclear or other civil or military emergencies; acts of legislative, judicial, executive or
administrative authorities; or any other circumstances which are not within its reasonable control.
14. DISPUTE RESOLUTION. Any claim, controversy or dispute between the parties shall be
resolved by binding arbitration in accordance with the Federal Arbitration Act, 9 U.S.C. 1-16, not state law.
15. LAWFULNESS. This Agreement and the parties' actions under this Agreement shall comply with
all applicable federal, state, and local laws, rules, regulations, court orders, and governmental agency
orders. Any change in rates, charges or regulations mandated by the legally constituted authorities will act
as a modification of any contract to that extent without further notice. The laws of the state where Service
is provided shall govern this Agreement.
16. SEVERABILITY. In the event that a court, governmental agency, or regulatory agency with
proper jurisdiction determines that this Agreement or a provision of this Agreement is unlawful, this
Agreement, or that provision of the Agreement to the extent it is unlawful, shall terminate. If a provision of
this Agreement is terminated but the parties can legally, commercially and practicably continue without the
terminated provision, the remainder of this Agreement shall continue in effect.
17. GENERAL PROVISIONS.
17.1. Failure or delay by either party to exercise any right, power, or privilege hereunder will not operate
as a waiver hereto.
17.2. This is a retail end user contract. It may be assigned only with the consent of Qwest which shall
not be unreasonably withheld. Customer may not assign to a reseller or a telecommunications carrier
under any circumstances.
17.3. This Agreement benefits Customer and Qwest. There are no third party beneficiaries.
17.4. This Agreement constitutes the entire understanding between Customer and Qwest with respect
to Service provided herein and supersedes any prior agreements or understandings.
17.5. Except to the extent required by the Colorado Open Records Act or other similar laws, neither
Party shall, without the prior written consent of the other Party: (a) issue any press release or make any
other public announcement regarding this Agreement or any relations between Customer and Qwest; or
(b) use the name, trademarks or other proprietary identifying symbol of the other Party or its affiliates.
Such consent by Qwest may be given in the case of subparagraph (a) only by Qwest's Corporate
Communications Department and in the case of subparagraph (b) only by Qwest's Chief Marketing Officer
Colorado GES ISDNPRS Form 5.doc Page 5 Version: 6-26-02
or his designee. Any purported consent by any other person, including any Qwest sales or customer
service representative, is void and of no effect.
18. EXECUTION. If a party returns this Agreement by facsimile machine, the signing party intends
the copy of this authorized signature printed by the receiving facsimile machine to be its original signature.
The parties hereby execute and authorize this Agreement as of the latest date shown below. Notices
concerning this Agreement may be sent to Qwest's Customer billing address of record or to Customer's
Address for Notices specified herein, if any.
Avon Town Government
Authorized Signature
Name Typed or Printed
Title
Date
Address for Notices:
PO Box 975
Avon, CO 81620
QWEST CORPORATION
Authorized Signature
Name Typed or Printed
Title
Date
Address for Notices:
1801 California Blvd.
Denver, CO 80202
Colorado GES ISDNPRS Form 5.doc Page 6 Version: 6-26-02
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Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Nonn Wood, Town Engineer /
Anne Martens, Assistant Town Engineer It,
Date: September 5, 2002
Re: East Avon Access & Circulation Streetscape Improvements
Change Order Number 9
Summary: Attached Change Order Number 9 for the East Avon Access &
Circulation Streetscape Improvements represents minor modifications required to address
actual field conditions encountered in construction. Change Order Number 9 includes
deletion of irrigation where an existing system already exists, replacement of a storm water
detention box lid, additional asphalt needed to level the existing roadway on Beaver Creek
Place, deletion of a spruce tree where the Avon Armex sign is located and addition of striping
and soil stabilization fabric at Tract Q. Change Order Number 9 increases the contract
amount by $3,348.00 and is reflected in the project summary below. The net effect of this
Change Order is to increase the Contract Amount $3,348.00 from $2,432,956.10 to
$2,436,304.10.
Ap proved Project Budget Project Status
Construction Contract $2,259,987 $2,259,987
Change Order No. 1 $ 16,234
Change Order No. 2 $ (1,754)
Change Order No. 3 $ 1,423
Change Order No. 4 $ 26,120
Change Order No. 5 $ 107,215
Change Order No. 6 $ 12,663
Change Order No. 7 $ 14,092
Change Order No. 8 $ (3,025)
Change Order No. 9 $ 3,348
Engineering Design $ 75,000 $ 75,000
Appraisals $ 35,000 $ 19,000
Legal $ 30,000 $ 30,000
Contract Administration $ 80,000 $ 80,000
Testing Services $ 30,000 S 30,000
Administration $ 15,000 $ 15,000
Easements & R/W $ 349,430 $ 211,352
Contingencies @ 1.5% S 42,732 $ 20,494
Total Proposed Budget $2,917,149 $2,917,149
I:\Engineering\CIP\East Avon\4.0 Construction Documents\4.5 Change Orders\CO No 9 Memo.Doc 1
Approval of Change Order Number 9 to the Elam Constriction, Inc. contract for construction
of the East Avon Access & Circulation Streetscape Improvements is recommended,
increasing the Contract amount $3,348.00 from $2,432,856.10 to $2,436,304.10.
Recommendations:
Approve Change Order Number 9 to the Elam
Construction, Inc. contract for construction of the East Avon Access & Circulation
Streetscape Improvements, increasing the Contract amount $3,348.00 from $2,432,856.10 to
$2,436,304.10.
Town Manager Comments:
3?7 ( ee 7C0 ' .
IAEngineering\CIP\East Avon\4.0 Construction DOCLIments\4.5 Change Orders\CO No 9 Memo. Doc 2
CHANGE ORDER
Order No.: 9
Date: 9-4-02
Agreement Date: April 15, 2002
NAME OF PROJECT: 2002 East Avon Street Improvements
OWNER: Town of Avon, Colorado
CONTRACTOR: Elarn Construction, Inc,
The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
Irrigation Changes:
Delete Item 14.6 3/." backflow preventer @ $270.00 - $ 270,00
Delete Item 14.7 7 station pedestal mount electric controller
@ $385.00 - $ 385.00
Delete 1 Each from. Item 1.435 Drip Valve Assembly
@ $150.00 Each - $ 150,00
Delete 12 Each from Item 14.16 Drip Emitter @ $1.00 Each -S 12.00
Delete 24 LF from Item 14,17 3/" Drip Tubing @ $2,00/LF -S 48.00
Add 2 Each to Item 14.14" Pop-Up Spray Head @ $16.00 Each +S 32.00
Add 24 LF to Item 14.12 1" 80 PSI NSF Lateral Irrigation Line
@ $1.00/LF + $ 24.00
Total -S 809.00
City Market Box:
Cast-In-Place box at City Market +S 1,490.00
Total -? $ 1,490.00
Asphalt Leveling Course on North End of Beaver Creek Place:
Add 30 Tons to Item 4.4 Asphaltic Concrete @ $48.00/Ton +$ 1,440.00
Total +$ 1,440.00
Spruce Tree at South End of Annex:
Delete 1 Each from Item 9.1.1. Colorado Spruce, IOht., B&B
@ $650.00/Each _-$ 650.00
Total - $ 650.00
Striping and Jute Netting at Tract Q:
Striping Tract Q +$ 975.00
Add 1064 SF of Jute netting for bank between north edge
of pavement and sidewalk @ $0.30/SF +1 319,20
Total +$1,294.20
Tap Development Fee:
Delete Item 14.1 Tap Development Fee @ $1,000.00 -S 1,.000.00
Total -S 1,000.00
Irrigation and Mulch for Island on South End of the Annex:
Install Irrigation for Turf Area (paid for in Change Order #7) +S 0,00
Add 315 SF to Item 9.6 Wood Mulch: 3" Depth @ $1.00/SF + $ 31.5.00
Total + $ 315.00
Sidewalk Revision Along Lot 69 and Beaver Creek Place:
Delete 25 SF from Item 13.2 Concrete Pavers in Plazas/Landscape
@ 511.00/SF - $ 275.00
Add I Each to Item 9.21 Transplanted Ash Tree @ $750.00 Each +$ 750.00
Add 1 Each to Item 2.17 Remove Trees @ $1.55.00 Each +$ 155.00
Add 1 Each to Item 9.15 Aspen, 2.5" - Cal, I3&I3 @ $225.00 Each + $ 225.00
Total +S 855.00
'Val-Mart and Chapel Place Leveling Course:
Add 8.6 Tons to item 4.4 Asphaltic Concrete @ $48.00/Ton +$ 412.80
Total +$ 412.80
TOTAL +$3,348.00
Acceptance of this change order by the CONTRACTOR constitute full and complete
settlement for all time and money for all direct and indirect costs and impacts flowing out
of the changes described above.
Change to CONTRACT PRICE_ + S 3,348.00
Original CONTRACT PRICE: $ 2,259,987.00
Current CONTRACT PRICE adjusted by previous CHANGE ORDER 8 : $ 2,432,956.10
The CONTRACT PRICE due to this CHANGE ORDER will be (increased) by $ 3,348.00
The new CONTRACT PRICE including this CHANGE ORDER will be $ 2,436,304.10
Change to CONTRACT TUV E:
The CONTRACT TlIv1E will be increased by 0 calendar days.
The date for completion of all work will be October 22, 2002 (Date).
APPROVALS REQUIRED:
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved by Owner:
Federal Agency Approval (where applicable):
CO-9