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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 'VA W h V ? t?? fti .2 ATA "y' 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. 3:d8 PM 12/03/98 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. Z/ADMTN/ACC/LOTB/DEVAGRMT. DOC- 3:?8-Ptvt- 12/03/98 - 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 3.._48 PM - -- 12- --- _- - - /03/98 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 ! - z 1.Aeu hE?tarao€v uxT Doc. - - -- - 5- - - - -- 3.48-I?f?l ---- -- 12/03/98 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. { - - - -?- __-Z1ADMJNJACC/L0TBiDEVAGRMi DOC _ _._ - -- ---- 7 -- ---_ 3;_48__P_M _ 1+ 12/03/98 MEOW- F- 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 12/03/98 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 - - - -3 12/03/98 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 --?` - -- z i.4DnWACG-'LeFB4)F-V GR2AT C10e - - - - 4 -- - 3;4$ P-G 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 12/03/98 3_48-PM -- - 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 ---- -- ---------- 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'. -- - --------- 74.5 GUMACM w y \"'? * ----------- ZONE TOWN` CENTER '- DISTRICT PROPOSED LOT C } /. y`'•Y? DEVELOPMENT `?,' S+i81II?RSfAb iy A N 4=00 Aff.M r 24W l I I i Sri LOT A T& ?. EE JEI` ? ? 1 9E P - % AMWCI1 k4>r-ATE• G LP DMANArP- Pn! TOWN CENTER ZONE DISTRICT i? Errsr. BLD& ?? SUE PLAN Ot A\ Y = 4(Mr i 0 M 49 80 dOo VICI M MAP N.T. G Lp a A A U zn 36 c ?L r M 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 c6 C a) U (O O L a o Q LL (1) 0 U C L- O U +- a) U U) J CO U L E E L O U ? L o O O O Q_ LL Q a) C E O U O O U C CD 00 rl_ 00 0) ce) O co O ? N LO It co co rn - O ce) c`') It N O O <- ti r- .= o o cri ti v N N cA 693 63 Ef3 EA D O d" o ' ti r-- 0 0 00 ti O ti r - DD N N < 00 co co N O O LO O .- O O Lo ? t` LO ti M M LO M M' O O LO O N M N - 0 O O r- ? ti O O .- O O N O) O O N ua ea Efl !i) ER 6s EA f{3 ER C O a) m •U O C: L) X is co 0 U F O -. U D U O X co CD 0 'R O O O U~ a) N ?1? L L o CD L) E J U M ? c a) O> 0 0 0 U E U O > C LL LL m V > O N s m CU a) U cv ca ca Q >, _ co U O c 3 w a C a) co (B > > O- L 0 E- Y "O N -O > o (? Cn J O O O O Oc ?v=dd a) 0 ??2 q- 0 m aa) - L L O (L) N m C C C) 2 U U ?: O - O U - O O X X Q UJ U O U>> M d> I- Q I- H N 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 0 0 O 00 L Q Z i E ? oZ mo Q .c m C H z w 2 W W a' Q W U O? ?w r U) ?w Z Q W x ? va Q Q' CL z H W d W x F c m E of ? O O U H C O a' tmM C W O O C i d ` N Z ? c o d L CC U 4} i? U> Q> 4a V> rj> W O L m O c ` 7 ? 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Ix z O , , C? 2!, {Q 0) 0 co F- F- U 1- CO 0- 6 co 0 cn (d N E 0 cn 0 U N O M N C O r a? m a 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