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TC Council Packet 01-13-2004STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON 1 NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD JANUARY 13, 2004, AT 2:00 PM TO BE HELD AT THE AVON MUNICIPAL BUILDING LOCATED AT 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 2:00 PM - 2:30 PM 1) Council Committee Updates - Council members are assigned to several committees and update their progress. Water Leases (Councilor D. Buckley) Open Space Committee Update (Councilor Wolfe) Colorado 100 Session (Councilor Wolfe) 2:30 PM - 3:15 PM 2) Beaver Creek Resort Proposed Gondola Plan (John Garnsey) - Beaver Creek Resort, Inc. officials will discuss the proposed gondola & chairlifts plan that will take passengers from Avon & the base of Beaver Creek to the top of Beaver Creek. 3:15 PM - 3:45 PM 3) Lot 61 Development Proposal Review of Financial Analysis & PUD Development Plan & Development Agreement (Norm Wood, Tambi Katieb) - Staff will review the financial implication of Lot 61 development agreement located at 75 Benchmark Road 3:45 PM - 4:00 PM 4) Fly Vail Summer Program (Kent Myers) - A review of 2003 program, an update on 2004 program, and a request for funding. 4:00 PM - 5:20 PM 5) 4:00 PM - 4:20 PM 4:20 PM - 4:40 PM 4:40 PM - 5:00 PM 5:00 PM - 5:20 PM Comprehensive Plan Proposals (Ruth Borne) - Presentations from various selected firms regarding Avon's Comprehensive Plan "Request for Proposal" a. RNL Design b. EDAW c. OTAK d. Discussion 5:20 PM - 5:25 PM 6) Staff Updates - Consent Agenda Questions AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL. THIS MEETING IS OPEN TO THE PUBLIC. TOWN OF AVON, COLORADO BY: Patty McKenny, Town Clerk Estimated times are shown for informational purposes only, subject to change without notice. POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JANUARY 9, 2004: ? Avon Municipal Building, Main Lobby • Alpine Bank, Main Lobby ? Avon Recreation Center, Main Lobby ? City Market, Main Lobby Town Clerk\Council\Agendas\2003\Avon Council Meeting. 04.01.13 TOWN OF AVON REGULAR COUNCIL MEETING AGENDA - REVISED JANUARY 13, 2004 - 5:30 PM MEETING TO BE HELD AT AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, CO 1. Call to Order / Roll Call 2. Citizen Input a. Holiday Lighting Contest Awards Comprehensive Plan Proposals & Selection RNL Design OTAK 3. Ordinances a. Ordinance No. 04-01, Series of 2004, an Ordinance approving the Lot 61 planned Unit Development (PUD) for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado (Norm Wood / Tambi Katieb) The Owner & Avon Staff present a new PUD plan that establishes a reconfigured development site, a dedication of right-of-way to the Town, provisions for a Transportation Hub and development standards specifying new densities & permitted uses. 4. Resolutions Public Hearing a. Resolution No. 04-01, Series of 2004, a Resolution approving Preliminary Plat for Lot 61, Block 2, Benchmark Beaver Creek, Avon, Eagle County, Colorado b. Resolution No. 03-55, Series of 2003, A Resolution ordering a Special Assessment Against Tract J, Benchmark at Beaver Creek (John Dunn) - tabled at 12/9/03 meeting 5. New Business a. Appeal of Planning & Zoning Decision on 12/16/03 to deny fence application (Ruth Borne) Applicant: Marjorie Marks Legal: Lot 28, Block 3, Wildridge Subdivision Zoning: Duplex - PUD Address: 4491 Wildridge Road West b. Amended & Restated Water Lease (Norm Wood) - Lease of water rights to Upper Eagle Regional Water Authority for water consumed by Avon customers. 6. Other Business 7. Unfinished Business 8. Town Manager Report 9. Town Attorney Report 10. Mayor Report 11. Consent Agenda a. Approval of the December 9, 2003 Regular Council Meeting Minutes b. Resolution No. 04-02, Resolution approving posting locations for the Town of Avon (Patty McKenny) Identifies locations for posting agendas & public notices for Town of Avon as required by Colorado State Statutes c. Colorado Code Publishing Company - Agreement for Municipal Code Republication (Patty McKenny) Agreement outlining services for Avon Code republication. d. TV 8 Advertising Contract (Meryl Jacobs) - a contract outlining commercial and interview advertising for the Avon Recreation Center. 12. Adjournment "Down Clerk\COllnell\Agendas\2003\Avon Council Meet ing.04.01.13 FINANCIAL MATTERS January 13, 2004 1. YTD Building Revenue Report Actual vs Budget - November 2003 2. Detail-Real Estate Transfer Taxes - November 2003 3. Accomodations Tax Worksheet Actual vs Budget - October 2003 4. Sales Tax Worksheet Actual vs Budget - October 2003 \C] cr O O r1 (-u-) Ln r- Lr) to C1 v ff)('4 tf)m co r-I M M E+ CQ Or 1o r? Nd>61? 61 61 mNNN in mNO rn H H .-i H H f-i w C? W OmMS u1mCD 1- N N M M[- ?N CD D 0 a 0.7 W FCU co (D V OEM m m i-7 'Z 61 .-I U-) N m T H to to to H Q,' 611001 7' MMMM O O a NN61 ? M M ?P7 N MN I M O W O m Cl) .-i Ln CO N N F I? HMN d' 1- OH M M n D N6 0 01MOM N N - Mr- ?D r- -Ln r d> rn O W HHHR' QI C) ION M M E D N z l0N t,N loNN Ln Ln O fx W O M dl O M ('') lD lD N ?C > N M v, v, ?' 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Vista # 03-44 8,298.00 Title Comp Rockies Mtn. Vista # 03-41 7,378.30 Title Comp Rockies Mtn. Vista # 03-42 10,537.40 Title Comp Rockies Mtn. Vista # 1320 379.90 Demasi Ralph Grandview Condo 206 570.02 Neubauer Kurt Avon Lake Villas E-1 1,000.00 Denzler Fay & Edward Avon Lake Villas E-4 4,520.00 Holquin Francisco Benchmark Condo C-19 1,560.00 Morgan Janice Beaver Bench Condo B-21 580.00 Hood Dorothy & Reed Elizabeth Sonnen Halde Condo 17-A 460.00 Langan Audrey Grandview Condo 106 570.00 Cohne Allon L La Vie Bonne Townhouses II H 3,800.00 Benson Ryan & Kimberly Sunridge @ Avon D-201 2,600.00 Rae Toby & Lepovitz Val Sunridge @ Avon D-201 Timmerman Matthew Sunridge @ Avon C-204 420.00 Ramsey John & Jerrilyn - Ney Chyrise & Kenneth Buck Creek Condo A-101 6,600.00 Vogeler Dawn Avon Crossing #1201 1,160.00 Neil Douglas & Rossana Canyon Run D-104 8,940.00 Borkovec Mark & Pamela Canyon Run D-104 Peak Gerald Canyon Run H-203 2,940.00 Swain Elizabeth Chapel Square B BR-309 4,940.00 Hutchinson R. Lars Raven Ridge Townhomes 3,400.00 Davis William & Running Andrea Coyote Creek Townhome B-82 3,520.00 Kohlhofer Kim & Stefan Sunflower Townhome 4 6,300.00 Delpiere Mark David Ridgeline Condo B-2 1,650.00 Strong Charles & Kathleen 5113 A Longsun Lane 11,980.00 Morten Properties LLC 5113 Longsun Lane 13,180.00 Schroeder Robert Lot 65A 1/2 65C Blk 1( 2345 Fox Lane 10,810.00 Hesse Matthew Lot 77W Blk 4 Wildridge 15,400.00 Town of Avon Real Estate Transfer Tax Calendar Year 2003 Purchaser Name Property Amount Received Ferguson David & Kathy Lot 58 Blk 4 Wildridge 5,500.00 Total November Revenue Total YTD Revenue Total 2003 Budget Variance to Budget +/- 148,823.00 1,996,238.89 2,100,000.00 $ (103,761.11) W W =a ? y Z cr. W a Q z _0 co W O G w 0 vQ U a \o \o 0 0 \o \o \o 0 0 \o \o \o 0 0 0 \ 0 0 0 o \° e C Y) 41) O a0 0 M u7 ?} N O 0 (n 0 0 O p tT N ?t N t? h CO (1') N 1? t? O O O ? N N N (O (D ai 6 06 Ch O O ui L N ?L? 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E E C .a C T 0) Cl O > U U- 2 Q Q U O Z r) L N M r m (O M (D Q1 M o? r m O N co CD M O O CV N N In V N N O V3 co If) r O O co et 69 m t` 00 In co M V3 N ti M co tN (D rn to r co It 69 c6 ?- M O O N N O N ? ! .5 l ti V ? ? O r?l N Q U I 0 00 0 0 0 0 0 0 0 0 t 0 0 0 0 0 0 0 0 G9 ? O O O O O O O O 0 0 0 0 0 0 0 0 O In O (n O ? O In d' M M N N -+ -- 6R I 1 i G9 Gll? G9 G9 GR Goq G9 AVON C O L O R A D O TomofAm P.O. Bcrc 975 400 BendynarkPcad Awn, Cdaacb 81620 970-7484005 Office of the Town Manager To: Honorable Mayor and Town Council '7? Fr: Larry Brooks, Town Manager Dt: 1/7/04 Re: Proposed Gondola Plan John Garnsey and team will present to the Council the most recent plan for a gondola/lift project that will transport people from the Confluence site to the top of Beaver Creek Ski area in the vicinity of chair 12. While several of us have reviewed the concept of the proposed project, we have not received a full presentation that might answer many questions about specific operations. We can expect a power point presentation they are currently using to explain the plan. In the interest of achieving the most thorough presentation, we have been sharing questions with John as we have heard them from you and the community in general. f • Work Session Memo To: Honorable Mayor and Town Council From: Tambi Katieb - Community Developmen Norman Wood- Town Engine Date January 7, 2004 Re: Lot 61 PUD Development Proposal / Overall Project Review Summary: In preparation for the Council hearing on the Lot 61 PUD Development Plan and Development Agreement, staff has prepared this `overview' memo to assist you in review of the various components of the Lot 61 PUD project. The project can be broken into the following four distinct components: 0 ¦ Introduction and history of the Lot 61 PUD ¦ The Lot 61 PUD Development Plan (The PUD application) ¦ The Lot 61 Fiscal Impact Scenarios (Review of the Proposed Uses of the PUD) ¦ The Lot 61 PUD Development Plan approval process (The PUD application, the Development Agreement, and the Subdivision process) Introduction & History The history of the zoning approval for Lot 61, Block 2, BMBC submitted by the developer, IDG3 LLC is as follows: 1978 Lot 61 zoned Town Center. 1991 Town Center zoning modified. 1999 Lot 61 applied for PUD zoning as set forth in Ordinance 99-16 (July 27, 1999), which had a 3-year approval. 2002 Town Center Plan was adopted on January 8, 2001 (Resolution 02- 01). 2002 PUD extension for a 6-month time period was granted to explore planning and development of the Town Center Plan on July 23, 2002 . (Ordinance 02-17). 2003 In January, a PUD extension for one year was granted to allow the developer time to pursue implementation of the Town Center Plan on January 28, 2003 (Ordinance 03-01). 2003 In July, Council authorized funds be allocated to begin initial studies for the new property boundaries and road alignment. The revised Lot 61 PUD Development Plan is the culmination of over a year of work with the developer. Specifically, the development standards and uses proposed reflect not only the goals and policies of the Town Center Plan, but correspond to the Fiscal Impact Scenarios prepared by the Towns financial consultant (Stan Bernstein) in an effort to create a mutually beneficial project between the Town and developer. Lot 61 PUD proposal The most significant elements contained in the new development plan benefiting the Town are as follows: • 50'0" right-of-way dedication for the new Benchmark Road alignment to the Town of Avon (referred to on the plans as "Benchmark Court"). • A new transit center to accommodate five (5) buses at a time with a 400 sq.ft. administrative/visitor center. • Enhanced pedestrian and vehicular circulation. • Implementation of significant master plan concepts of the Town Center • Plan. In exchange, Lot 61 is receiving the following: • Timeshare as a use-by-right. • Increased building height, setbacks, site coverage, and density. • The vesting of these development standards for an extended period of 8 years from the effective date of the development agreement. The Lot 61 PUD Development Plan proposed for adoption is limited in scope and defines building setback, density, heights and new property boundaries. Previously, staff was concerned that the proposed development standards provided too much flexibility - setting forth maximum densities without requiring a minimum density provision that would create the type of development consistent with the goals of the Town and consistent with the financial modeling. As a result, the proposal now reflects a minimum development standard for all proposed densities (both commercial and residential). Likewise, the proposal limits the types of uses that may occur on the ground level as a use by right far beyond what conventional zoning or previous PUD zoning has achieved. The proposed development standards are as follows: a. Uses by-right: ¦ Retail stores ¦ Specialty shops ¦ Restaurants, excluding drive-thru windows • • Cocktail lounges • Personal service shops ¦ Residential/Timeshare, interval ownership, and fractional fee ownership above grade with the condition that recreational amenity fees are paid - the terms and conditions of which will be negotiated with the development agreement. Staff recommends a minimum of 125-timeshare, interval ownership, or fractional fees units with a minimum of 900 net sq. ft. each to comply with the premise of the financial analysis. . ¦ Residential/Fee Simple (Condominium) units on floors above grade. Staff is recommending a minimum of 100 condominium units @ 1,250 net sq.ft. each to comply with the financial model. ¦ Residential/Accommodation (Hotel) units on floors above grade. Staff is recommending a minimum of 160 units. ¦ Public transportation facilities including 400 S.F. transit/administrative office at grade, immediately adjacent to transit center hub. • b. Special Review Uses: Conference/convention facilities Indoor recreation and/or entertainment facilities Professional offices on grade Public parking facilities Financial Institutions Additional uses to be determined similar to the allowed uses in accordance with the intent of the zone district. As this is a PUD with no specific uses, staff would prefer to restrict the development standards to the enumerated uses. c. Development Standards Lot Area 1.07 Acres Projections such as columns, roofs, unenclosed floors and decks may encroach into setbacks and/or right of ways with specific Town of Avon design review approval Building Height A height, as defined by The Town of Avon Title 17, Chapter 17.08, Section 160, of 108.5'. This height shall be to the top of roof structures over enclosed, habitable 0 space. Elevator penthouses, chimneys, parapets and similar appurtenances shall be allowed to exceed this datum • Density by Type: Minimum Maximum Retail 17,000 sq.ft. 60,000 sq.ft. Residential/Fee Simple 100 Units @ 1,250 sq.ft 220,000 sq.ft. Residential/Time Share 125 Units @ 900 sq.ft. 220,000 sq.ft. Residential/Accommodation 160 Units 220,000 sq.ft. Landscape/Hardscape Coverage: Shall be determined during the design review process. d. Parking: All parking shall comply with the Lot 61 PUD Development Agreement. Staff has consistently requested the Avon Municipal Code parking standards be implemented. The applicant is still seeking rebates and a reduction in parking under the Development Agreement. As you review the PUD plans, you will note that there are requirements for stepping back the building as it increases in height on the Town Center (north elevation). There are also encroachments permitting the building over the transit center (south elevation) and over the new Benchmark Court right-of-way alignment, enhancing the density and architectural interest for developer as set forth in the Lot 61 PUD Development Plan. • The Development Agreement adopts and incorporates the proposed building and development standards, vesting for 8 years from the date of approval, and exactions. Should the PUD expire, the uses will be dissolved and the Town will continue to retain the new right-of-way and the transit hub easement. The enhancements to the developable area, when reviewed in concert with the financial scenarios, are the rationale behind requiring minimum densities as well as maximum densities. Providing the developer with a highly developable site while requiring a minimum amount of development ensures the economic energy sought by the Town actualizes. In addition to the specific development standards proposed, design guidelines are set forth in the Town Center Plan and the Town of Avon Design Review Guidelines, which must be fulfilled as the project moves through the design review process. These additional considerations include: active street frontages, suggested access points, required pedestrian walkways (which have been provided for), and other site planning and architectural considerations. Lot 61 PUD Fiscal Impact Scenarios On December 9, 2003 Town Council reviewed the initial fiscal analysis for Lot 61 . prepared by Stan Bernstein, the Town's financial consultant. Of utmost importance . was the implication of timeshare as a use-by-right, including the imposition of a Interval Ownership Amenity fee to offset the impact of timeshare units. Council endorsed moving forward with the process, including the refinement of the financial model to reflect the contemplated land entitlements. We believe general consensus between staff and developer has been reached on the requested development standards detailed on Pages 3 and 4 of this memo. Stan's modeling was refined in several areas as it relates the proposal. In particular, the previous Draft Evaluation of the Fiscal Impacts of the proposed PUD has been updated. It reflects revised transportation costs and average guest expenditure. Stan has also prepared an analysis of Developer Cost/Benefits of the proposed PUD versus underlying Town Center Zoning. These evaluations along with Stan's corresponding memos are attached. We have revised the attached work sheets taken from the analysis prepared by Stan Bernstein to reflect the minimum development limits as outlined on Pages 3 and 4. The revised calculations generally reflect at least a "break-even" status for Incremental General/Transit Fund for minimum development scenarios. The time-share proposal has been evaluated at 125 units, 150 units and 175 units with a corresponding Timeshare Amenities Fee calculated for each of these levels. The proposed fee schedule in the Development Agreement is: • Number of Dwelling Units Constructed Unit Fee Per Timeshare Week 125 -149 Time-Share Units $58.25 per Interval Week 150 -174 Time-Share Units $48.50 per Interval Week 175 and Over Time-Share Units $41.70 per Interval Week Other minimum development scenarios as allowed by the proposed PUD and included in the modified evaluation sheets include: ¦ 90 Whole Ownership Condominiums @ 1,250 Sq. Ft. Each ¦ 160 Hotel Rooms Per Stan's Assumptions A minimum of 17,000 Sq. Ft. of retail space is also included in all of the above development schemes and is stipulated in the proposed PUD and Development Agreement. As already discussed, both the financial modeling and the Town Center Plan contemplate and encourage a high-density mixed-use project on this site. • Without knowing exactly the type of project to be constructed on Lot 61, the goal of this entire process and the proposed development standards is to ensure that a mixed-use project that contains minimum residential and retail components is constructed in a manner that is mutually beneficial to the Town and developer. . Lot 61 Approval Process There are three formal actions required in order to move forward with the proposal: ¦ Approve Ordinance 04-01, which includes the Development Agreement and the Lot 61 PUD Development Plan. ¦ Approve the Lot 61 Preliminary Plat. ¦ Approve the Final Plat and Condominium Plat defining the air rights. The PUD approval will establish the Development Plan as the official zoning document for the project. The Development Agreement will establish the zoning, vested property rights, and exactions, also specifying the Timeshare Amenities Fee based on the number of units constructed and subdivided. Finally, the preliminary plat establishes the new right-of-way dedication of Benchmark Court, the subsequent revision to existing property boundaries and the transportation hub easement location. This preliminary plat will be followed by a condominium plat that creates the subsurface and overhead 'air rights' that are being proposed through the PUD process as enhancements to the developer. The final plat will be recorded in concert with the Ordinance 04-01 approving the Lot • 61 PUD Development Plan and Development Agreement as well as the condominium plat. Staff Recommendation: Staff recommends that after review of the summary components of this proposal, you provide feedback on the requested uses and various considerations involved with the Lot 61 PUD. 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Q W F-/- (N QU' N<NC.'O:QQ W Q W w SN6?hO}} KC V I - }} w W LL h-U W W F3: 3:FQ W 2 OghNz w LLw.LL W W 7 S3>iQ Oz O U) W231I'2ZU W w OO W JOOQ GJU2F-F-00 W O ° ~ C U02?m22ZQ O M F u?F a a00 3:aarca ? a.'L V) ULLa:L U33U ? RaOO Oa3 url ?r ?Nt7 V 0m nmm O •-N? 0m? nmdrO?NN V ? ??NNNNN 0 N m r m Q p NM NNNNOM Mt7 V O ` V IS% U uj Q a Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Town Clerk Date: January 7, 2004 Re: Fly Vail Summer Overview Summary: Kent Myers, with Airplanners, will be present to discuss the Fly Vail Summer Program, highlighting what happened in 2003 and providing an update on the 2004 program. He will also ask for the same pledge as 2003 ($10K) as well as request funds in the amount of $1000 to be used for research & more yield management services. Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Tambi Katieb, AICP - Community Developmen Data January 6, 2004 Re: Comprehensive Plan Interviews Summary On December 19th, 2003 we received six complete proposals to revise our Town Comprehensive Plan. Staff has reviewed all the proposals received and has scheduled three interviews today with those proposers that most closely matched the goals of the request and in staff's professional opinion represent the most qualified in this endeavor. You will interview the following candidates today and select one at your regular meeting to complete the Comprehensive Plan update: ¦ OTAK ¦ EDAW ¦ RNL Town Manager Comments: Attachments: ¦ Proposals from, OTAK, EDAW and RNL Comprehensive Plan Consultant Interviews Page 1 of 1 January 13, 2004 TOWN OF AVON REGULAR COUNCIL MEETING AGENDA JANUARY 13, 2004 - 5:30 PM MEETING TO BE HELD AT AVON MUNICIPAL BUILDING. 400 BENCHMARK ROAn AvnN rn 1. Call to Order/ Roll Call 2. Citizen Input a. Holiday Lighting Contest Awards 3. Ordinances a. Ordinance No. 04-01, Series of 2004, an Ordinance approving the Lot 61 planned Unit Development (PUD) for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado (Norm Wood / Tambi Katieb) The Owner & Avon Staff present a new PUD plan that establishes a reconfigured development site, a dedication of right-of-way to the Town, provisions for a Transportation Hub and development standards specifying new densities & permitted uses. 4. Resolutions Public Hearing a. Resolution No. 04-01, Series of 2004, a Resolution approving Preliminary Plat for Lot 61, Block 2, Benchmark Beaver Creek, Avon, Eagle County, Colorado b. Resolution No. 03-55, Series of 2003, A Resolution ordering a Special Assessment Against Tract J, Benchmark at Beaver Creek (John Dunn) - tabled at 12/9/03 meeting 5. New Business a. Appeal of Planning & Zoning Decision on 12/16/03 to deny fence application (Ruth Borne) Applicant: Marjorie Marks Legal: Lot 28, Block 3, Wildridge Subdivision Zoning: Duplex - PUD Address: 4491 Wildridge Road West b. Amended & Restated Water Lease (Norm Wood) - Lease of water rights to Upper Eagle Regional Water Authority for water consumed by Avon customers. 6. Other Business 7. Unfinished Business 8. Town Manager Report 9. Town Attorney Report 10. Mayor Report 11. Consent Agenda a. Approval of the December 9, 2003 Regular Council Meeting Minutes b. Resolution No. 04-02, Resolution approving posting locations for the Town of Avon (Patty McKenny) Identifies locations for posting agendas & public notices for Town of Avon as required by Colorado State Statutes c. Colorado Code Publishing Company - Agreement for Municipal Code Republication (Patty McKenny) Agreement outlining services for Avon Code republication. d. TV 8 Advertising Contract (Meryl Jacobs) - a contract outlining commercial and interview advertising for the Avon Recreation Center. 12. Adjournment Town Clerk\Council\Agendas\2003\Avon Council Meeting. 04.01.13 Memo To: Honorable Mayor and Town Council From: Tambi Katieb - Community Developme Norman Wood- Town Engineer Date January 7, 2004 Re: First Reading of Ordinance No. 04-01 approving the Lot 61 PUD Development Plan and Development Agreement Summary: IDG3 LLC, the Owner of Lot 61, Block 2, Benchmark at Beaver Creek Subdivision has been working with staff over the last year on finalizing a new PUD Development Plan for Lot 61 as part of an extension of the original PUD development rights. This new PUD plan establishes a reconfigured development site, a dedication of right-of-way to the Town (Benchmark Court), provisions for a Transportation Hub and development standards specifying new densities and permitted uses. Council approved the original Lot 61 PUD in 1999 through Ordinance 99-16. In 2001, the Town adopted a sub-area plan entitled the Town Center Implementation Plan, which established specific goals of development for this critical part of Town as it relates to long-term public improvements. Both the Owner and the Town agreed that it was advantageous to extend the original PUD development rights while a new development plan that conformed to the goals and intent of the Town Center Implementation Plan was created. The current development rights for the Lot 61 PUD will expire on February 3, 2004, and the property will revert back to Town Center zoning. The new PUD Development Plan and accompanying development agreement set forth basic development objectives that Town staff and the applicant have concluded as mutually beneficial. The proposed development standards reflect a thorough analysis by the Town's financial consultant (Stan Bernstein and Associates), and set both minimums and maximums of development consistent with these financial projections. On January 6, 2004 the Planning & Zoning Commission recommended approval of the Lot 61 PUD Development Plan with conditions as set forth in Resolution 04-03. This process has been a groundbreaking endeavor between the Owner and the Town to create a development plan and agreement, which include both private and public benefits. The Owner is receiving a greatly enhanced development package and the Town is receiving an expanded transportation center location and improved road and circulation system. The PUD Development Plan is consistent with the goals of vitalizing Town Center, enhancing the Town transportation system and physically achieving a logical and desired connectivity to the CQnfluence site. Therefore, staff recommends approval of Ordinance 04-01 on first reading. Town Manager Comments: Attachments: A. Staff Report to Planning & Zoning Commission (January 6, 2004 hearing) B. Planning & Zoning Commission Resolution 04-03 C. Town Council Ordinance 04-01 approving the Lot 61 PUD Development Plan and Development Agreement Lot 61 PUD, Lot 61, Block 2, BMBC Subdivision First Reading of Ordinance 04-02, January 13, 2004 Staff Report PUD NUMMMMMIANNO AVO _,i C O L O R A D O January 6, 2004 Planning & Zoning Commission meeting Report date December 28, 2003 Project type Lot 61 PUD Legal description Lot 61, Block 2, Benchmark at Beaver Creek Subdivision Current zoning Planned Unit Development Address 75 Benchmark Road Introduction The purpose of the Lot 61 PUD Development Plan (herein referred to as "Lot 61 PUD") is to formalize the new building area, including development standards for Lot 61 and the corresponding road alignments and transit center. The PUD for Lot 61 has been extended twice to allow time to evaluate development opportunities for implementation of the Town Center Plan between the Town and the developer. The current Lot 61 PUD is valid until February 3, 2004. On December 16, 2003 this application was tabled to allow additional time for staff and applicant to work through the development standards, development agreement and finalize the plans. There are a few remaining issues regarding the development standards and the revised application received on January 31, 2004. The most significant elements contained in the new development plan benefiting the Town are as follows: • 50'0" right-of-way dedication for the new Benchmark Road alignment to the Town of Avon. • Transit center to accommodate five (5) buses at a time with a 300 sq. ft. administrative/visitor center. • Enhanced pedestrian and vehicular circulation. • Implementation of significant master plan concepts of the Town Center Plan. In exchange, Lot 61 is receiving the following: • Timeshare as a use-by-right. • Increased building height, setbacks, site coverage, and density. The history of the zoning approval for Lot 61, Block 2, BMBC submitted by the developer, IDG3 LLC is as follows: 1978 Lot 61 zoned Town Center. 1991 Town Center zoning modified. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 January 6, 2004 Planning & Zoning Commission meeting Page 2 of 8 1999 Lot 61 applied for PUD zoning as set forth in Ordinance 99-16 (July 27, 1999) which had a 3-year approval. 2002 Town Center Implementation Plan was adopted on January 8, 2001 (Resolution 02-01). 2002 PUD extension for a 6-month time period was granted to explore planning and development of the Town Center Plan on July 23, 2002 (Ordinance 02-17). 2003 In January, a PUD extension for one year was granted to allow the developer time to pursue implementation of the Town Center Plan on January 28, 2003 (Ordinance 03-01). 2003 In July, Council authorized funds be allocated to begin initial studies for the new property boundaries and road alignment. Over the past few months, staff has met with the developer and its representatives, including the Community Development Committee to arrive at a development plan that includes the implementation of the Town Center Plan in accordance with the existing PUD approval. The development plan includes a new transit center that accommodates up to five (5) buses, preserving pedestrian connections with the Confluence, and a new 50'0" right of way for Benchmark Road. On December 9, 2003 Town Council reviewed the initial fiscal analysis of the Lot 61 development agreement prepared by Stan Bernstein, the Town's financial consultant. Of utmost importance was the implication of timeshare as a use-by-right, including the imposition of a recreational amenity fee to offset the impact of timeshare units. Council endorsed moving forward with the process, including the refinement of the financial model to reflect the contemplated land entitlements. 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 PUD now complies with the Town Center Plan and conforms to the following goals and polices of the Town Comprehensive Plan: Policy A1.3 Flexible zoning such as PUD should be encouraged where it results in more effective use of land The planning process with staff and the developer for Lot 61 is a new process for the Town and incorporates flexible zoning to benefit both public and private sectors. Policy A3.5 Since undeveloped land in the Town Center is scarce, it will be developed at higher density, included vertically integrated mix of commercial and residential uses, and rely primarily on underground and/or structured parking Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 January 6, 2004 Planning & Zoning Commission meeting Page 3 of 8 The underground parking structure for this project extends under the Town right of way to allow for more parking and does not preclude the opportunity for a private/public partnership for parking improvements and includes a higher density mixed -use development. Goal B 1 Enhance the Town's role as a principal, year-round residential community and regional commercial center This development plan will help vitalize Town Center with a more efficient transit hub to encourage year-round use of mass transit and pedestrian circulation for its citizens, which is further reinforced by the following policy B1.2. Polio Commercial areas will be supported through creation and maintenance of effective vehicle access and parking, transit services, all-season pedestrian and non-motorized vehicle access, and consistent application of design standards Goal B2 Establish the Town Center Area as an inviting, vibrant and safe-pedestrian oriented cultural, retail and entertainment hub The purpose of the Town Center Plan is to further enhance a vibrant hub in Town Center, which has been implemented in the Lot 61 development plan. Policy B2.2 Encourage a range of uses in the Town Center, including retail, offices, hotels, recreation, tourism, and entertainment The Lot 61 development plan will include a range of uses and special review uses. Polio Encourage joint development of structured parking, pedestrian and landscape improvements, and promotion of activities and events in the Town Center This is a joint development, which benefits both the developer and the Town to help synergize Town Center. Polio Promote effective transit and access with Beaver Creek and Arrowhead Resorts, including gondola connections, trails, and pedestrian connections The revised property lines and pedestrian connections will promote transit and access to include potential opportunities for accessing the Confluence site and gondola. Policy E1.6 All new development and redevelopment should include or otherwise provide for effective transit, pedestrian and bicycle facilities This new development plan includes plans for effective transit, and enhances pedestrian circulation. Policy E2.1 Joint development of a structured parking facility in Town Center to support private and public uses should be pursued to the extent possible Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 January 6, 2004 Planning & Zoning Commission meeting Page 4 of 8 The joint planning for Lot 61 includes structured parking on the Town right-of-way and does not preclude the potential for a shared parking facility. At a minimum, the Town and developer are moving forward in a joint effort to support Town Center development. Goal E3 Promote the development of an enhanced transit system for the Town The revised transit plan accommodates more buses and will improve the effectiveness of mass transit in the Town Policy E3.2 Maintain the existing regional and Town-wide bus system, and enhance as necessary to provide services to the community as it grows The new transit hub contained on the Lot 61 development plan accommodates the existing service demands for the ECO bus system as well as the Town-wide system. 2. Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town. The development plan for Lot 61 is limited in scope and defines building setback, density, heights and new property boundaries. Previously, management indicated concerns that the development standards provided too much flexibility to recommend the proposal to constitute a site-specific development plan without complying with the financial model. As a result, staff has refined the development standards to ensure the proposed uses are specific enough to constitute a site-specific development plan consistent with the financial model. In addition, design guidelines are set forth in the Town Center Plan, which must be fulfilled as the project moves through the design review process. These additional considerations include: active street frontages, suggested access points, required pedestrian walkways (which have been provided for), and other site planning and architectural considerations. 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 new property boundaries for Lot 61 include criteria established in the Town Center Plan, such as 10'0" minimum sidewalks, new Benchmark Road alignment, requirements for stepping the building as it increases in height, clearances to accommodate a transit center while maintaining effective pedestrian movement in exchange for increased height, new development standards, and effective orientation on the site. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The new development standards for this mixed-use project combined with the new transit center will enhance the vitality and efficiency of Town Center. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. There are no known natural and/or geologic hazards on Lot 61 at this time. A Subdivision Improvement Agreement may be required to ensure there are no unforeseen natural or Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 January 6, 2004 Planning & Zoning Commission meeting Page 5 of 8 geologic hazards, specifically at it relates to infrastructure improvements such as water, sewer, and/or drainage associated with this development. 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 development plan for Lot 61 is more responsive to improving the aesthetic quality of Town Center. The Planning & Zoning Commission will further clarify the building design through implementation of the Town Center design guidelines, and design review. 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 Town Center Plan and the Town Transportation Plan have been considered and implemented in this development plan and improves the circulation for pedestrians, mass transit, and vehicular circulation. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Specific provisions for allowing the building to encroach onto Town right-of-way and in other areas to step back from pedestrian ways have been carefully considered and implemented with this development plan to optimize and preserve views and overall function. 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. There is no phasing plan proposed by this PUD. There will be timing requirements set forth in the development agreement to allow the developer and/or the Town time to exercise their rights for construction. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. IDG3 LLC will be responsible for the acquisition of additional water rights and their subsequent dedication to the Town if needed to amend the Town's Augmentation Plan. 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 new 50'0" road right-of-way alignment and transit center provisions improve the overall adequacy, carrying capacity, and mobility patterns of Town Center. 12. Development Standards The Development Standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking are being modified with this proposal and are proposed as follows: Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 January 6, 2004 Planning & Zoning Commission meeting Page 6 of 8 a. Uses by-right: ¦ Retail stores ¦ Specialty shops ¦ Restaurants, excluding drive-thru windows ¦ Cocktail lounges ¦ Personal service shops ¦ Timeshare, interval ownership, and fractional fee ownership above grade with the condition that recreational amenity fees are paid - the terms and conditions of which will be negotiated with the development agreement. Staff recommends a minimum of 150-timeshare, interval ownership, or fractional fees units with a minimum of 900 net sq. ft each to comply with the premise of the financial analysis. The applicant is seeking a minimum of 125-units. ¦ Hotel/accommodation units on floors above grade. Staff is recommending a minimum of 200 accommodation units and the applicant is seeking to limit the minimum to 180 units. ¦ Condominiums on floors above grade. Staff is recommending a minimum of 125 units @ 1,250 net sq.ft. to comply with the financial model and the applicant is seeking a minimum of 90-condominium units 1,250 net sq.ft. ¦ Indoor recreation and/or entertainment facilities ¦ Theaters ¦ Public transportation facilities including 300 S.F. transit/administrative office at grade, immediately adjacent to transit center. Staff is recommending that these transportation facilities include public restroom facilities. ¦ A minimum of 17,000 square feet of commercial/retail space. Staff is recommending an additional requirement that this minimum not include personal service shops to ensure tax revenues on the minimum requirement on the commercial/retail space. The revised application dated 12131103 does not comply with this recommendation. b. Special Review Uses: Conference/convention facilities Above ground public utility installations Professional offices on grade. Public parking facilities Medical Facilities Financial Institutions Additional uses to be determined similar to the allowed uses in accordance with the same zone district. As this is a PUD with no specific uses, staff would prefer to restrict the development standards to the enumerated uses. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 January 6, 2004 Planning & Zoning Commission meeting Page 7 of 8 c. Development Standards Lot Area 1.07 Acres Projections such as columns, roofs, unenclosed floors and decks may encroach into setbacks and/or right of ways with specific Town of Avon design review approval Building Height A height, as defined by The Town of Avon Title 17, Chapter 17.08, Section 160, of 108.5'. This height shall be to the top of roof structures over enclosed, habitable space. Elevator penthouses, chimneys, parapets and similar appurtenances shall be allowed to exceed this datum Maximum Density: Commercial /retail 40,000 sq.ft. Condominium 330,000 sq.ft. Timeshare/Interval 330,000 sq.ft. Accommodation Units 375 units Landscape/Hardscape Coverage Shall be determined during the design review process. d. Parking: All parking shall comply with the Lot 61 PUD Development Agreement. Staff has consistently requested the Avon Municipal Code parking standards be implemented. The applicant is still seeking rebates and a reduction in parking under the Development Agreement. e. Provisions for stepping back the building as it increases in height on the Town Center (north elevation). There are also encroachments authorizing the building over the transit center (south elevation) and over the new Benchmark Road right- of-way alignment enhancing the density and architectural interest for IDG3 LLC as set forth in the Lot 61 PUD Development Plan. Staff Comments & Recommendation Although some outstanding issues remain with the revised application associated with the development standards and corresponding development agreement for the Lot 61 PUD Development, it is staff s position these are policy and legislative decisions, which rests with the Avon Town Council. Therefore, staff recommends approval of Resolution 04-03 for the Lot 61 PUD Development Plan, subject to the following conditions: The new Benchmark Road alignment (50'0" Benchmark Court Right-of Way) must be conveyed by subdivision plat prior to approval of the Lot 61 PUD Development Plan. 2. Development Standards shall be as follows: 0 A minimum of 150-timeshare, interval ownership, and fractional fee ownerships units @ 900 net sq.ft. above grade including a recreational amenity fees. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 January 6, 2004 Planning & Zoning Commission meeting Page 8 of 8 • A minimum of 125 condominium units above grade @ 1,250 net sq.ft. • A minimum of 200 hotel/accommodation units above grade • Public transportation facilities including 300 S.F. transit/administrative offices and public restroom facilities at grade, immediately adjacent to transit center. • A minimum of 17,000 square feet of commercial/retail space, which does not include personal service shops. • All parking shall comply with the Avon Municipal Code parking standards. 3. A requirement that the developer will be responsible for the acquisition of additional water rights and their subsequent dedication to the Town if necessary to amend the Town's Augmentation Plan prior to issuance of a building permit. 4. Failure to develop and obtain final design approval, including compliance with the Town Center design guidelines of the site-specific development plan by January 31, 2012 shall automatically terminate these development standards and conditions. 5. This PUD is contingent upon a valid Development Agreement between IDG3 LLC and the Town of Avon being approved. 6. Except as otherwise modified by this 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. Recommended Motion "I hereby approve Resolution 04-03 recommend approval of the Lot 61 PUD Development Plan subject to the conditions contained therein." 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, uth O. orne, Director Community Development Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04-03 SERIES OF 2004 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF A PUD DEVELOPMENT PLAN FOR LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Applicant, IDG3 LLC has applied for approval of the Lot 61 PUD Development Plan for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision; 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 approval to the Town Council of the Town of Avon for the Lot 61 PUD Development Plan dated January 2, 2003 with the following conditions: 1. The new Benchmark Road alignment (50'0" Benchmark Court Right-of Way) must be conveyed by subdivision plat prior to approval of the Lot 61 PUD Development Plan. 2. Development Standards shall be as follows: • A minimum of 150-timeshare, interval ownership, and fractional fee ownerships units @ 900 net sq.ft. above grade including a recreational amenity fees. • A minimum of 125 condominium units above grade @ 1,250 net sq.ft. • A minimum of 200 hotel/accommodation units above grade. • Public transportation facilities including 300 S.F. transit/administrative offices and public restroom facilities at grade, immediately adjacent to transit center. • A minimum of 17,000 square feet of commercial/retail space, which does not include personal service shops. • All parking shall comply with the Avon Municipal Code parking standards. 3. This PUD Amendment is contingent upon a valid Development Agreement between IDG3 LLC and the Town of Avon being approved. 4. If necessary, IDG3 LLC will be responsible for the acquisition of additional water rights and their subsequent dedication to the Town prior to issuance of a building permit to amend the Town's Augmentation Plan. Failure to develop and obtain final design approval, including compliance with the Town Center design guidelines of the site-specific development plan by January 31, 2012 shall automatically terminate these development standards and conditions. 6. Except as otherwise modified by this 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 6th day of January, 2003 Signed: Date: Chris Evans, Chairman Attest: Date: Terry Smith, ecretary TOWN OF AVON ORDINANCE NO. 04-01 SERIES OF 2004 AN ORDINANCE APPROVING THE LOT 61 PLANNED UNIT DEVELOPMENT (PUD) FOR LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, the Owner, IDG3 LLC, has applied for approval of a Planned Unit Development ("PUD") Plan for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision; and WHEREAS, the Town and the Owner have negotiated the terms and conditions of the Development Agreement for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision ("Agreement"), which is attached hereto as Exhibit "A" and incorporated herein; 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 January 6, 2004, 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 Development Plan; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the Lot 61 PUD Development Plan to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the day of , 2004, at which time the public was given an opportunity to express their opinions regarding the proposed PUD Development Plan; and F:ACouncil\0rdinances\2004\0rd 04-02 L61 B2 BMBC PUD.doc 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: 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. That the Lot 61 PUD Development Plan is consistent with the recently adopted Town Center Plan, the goals and objectives of the Town's Comprehensive Plan, and is compatible with surrounding neighborhood and the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Lot 61 PUD Development Plan and Development Agreement is hereby approved with the following conditions: 1. If necessary, IDG3 LLC will be responsible for the acquisition of additional water rights and their subsequent dedication to the Town prior to issuance of a building permit to amend the Town's Augmentation Plan. 2. Except as otherwise modified by this 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 day of , 2004, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of, 2004, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Mayor ATTEST: F:ACounci1\0rdinances\2004\0rd 04-02 L61 B2 BMBC PUD.doc Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2004. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney F:ACounciWrdinances\2004\0rd 04-02 L61 B2 BMBC PUD.doc Exhibit "A" DEVELOPMENT AGREEMENT FOR LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of January , 2004 by and between IDG3, LLC, a Limited Liability Company, 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 liability company, 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 "Lot 61" as more particularly described in Exhibit A attached to this agreement ("Lot 61 "). C. The Town and the Owner desire to develop Lot 61 as a mixed-use development consistent with the Avon Town Center Implementation Plan thereby creating new property lines for Lot 61, development standards, rights- of-way and a transit center. This new parcel is referred to as the "Property". D. The Property contains specific development standards attached and incorporated herein as a site-specific development plan entitled "Lot 61 PUD Development Plan" (Exhibit "B") and as set forth in Article III of this Agreement. E. The Town has authority to zone and govern development of the Property in accordance with this Agreement, the Avon Comprehensive Plan, The Avon Town Center Implementation Plan, The Town Municipal Code, and the Lot 61 PUD (as defined herein), the Municipal Code, and other applicable Town requirements and polices. F. In order to ensure orderly controlled development by establishing minimum design standards, including streets and other forms of vehicular and pedestrian access, drainage, water supply and sanitation improvements to support human occupation, it is necessary to require subdivision consistent with Title 16, Avon Municipal Code. G. The Property includes specific design recommendations as set forth by the Town Center Implementation Plan, which is further defined and supported by the Town of Avon Residential, Commercial, and Industrial Design Review Guidelines. H. The legislature of the State of Colorado adopted Sections 24-68-101, et seq. of the Colorado 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. 1. 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. J. Development of the Property in accordance with this Agreement will provide for o rderly growth i n accordance w ith t he p olicy and goals se t f orth i n t he Comprehensive Plan, the Avon Town Center Implementation 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 I DEFINITIONS AND GENERAL PROVISIONS 1.0 Definitions. The following terms and references shall have the meaning 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, or any subsequent duly adopted plans or amendments thereto. 2 1.2 Development Standards. As set forth in Exhibit "B" entitled "Lot 61 PUD Development Plan" incorporated herein and further defined in Sections 3.2 of this Agreement. 1.3 Effective Date. The effective date of the Town Council Ordinance approving this Agreement and the recording of the relevant subdivisions referenced herein with the Clerk and Recorder of Eagle County, Colorado. 1.4 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 Lot 61 Exhibit B Lot 61 PUD Development Plan, including Benchmark Court Right of Way and Transportation Hub location 1.5 Lodging Tax. For purposes of this Agreement, Lodging Tax shall mean any municipal lodging or accommodations tax imposed by the Town pursuant to Ch. 3.28, Avon Municipal Code or any similar code provision enacted during the T erm o f t his A greement upon a ny s ales o r rental o f t odging w ithin t he Property. 1.6 Municipal Code. The Town's Municipal Code, as in effect from time to time. 1.7 Parking Requirements. As defined in Title 17, Avon Municipal Code. 1.8 Property. The newly created Lot 61 more specifically described as the Lot 61 PUD Development Plan as set forth in Exhibit "B". 1.9 PUD. Planned unit development or PUD, as such terms are defined and used in Section 17.20.110 of the Municipal Code. 1.10 Sanitation District. Eagle River Water and Sanitation District. 1.11 Subdivision. Means to make a disposition of land or airspace which is defined as a subdivision, subdivided land, condominium subdivision, estate in airspace, specially planned area and/or planned unit development subdivision, minor subdivision, duplex subdivision or time-sharing subdivision consistent with Title 16, Avon Municipal Code. 1.12 Time-share owner. Means a person vested with legal title to a timeshare estate in accordance with Section 38-33-110, Colorado Revised Statutes (2003). 3 1.13 Time-share unit. Means a unit the title to which is or is to be divided into interval estates or time-span estates in accordance with Section 38-33-110, Colorado Revised Statutes (2003). 1.14 Town. The Town of Avon, a municipal corporation of the State of Colorado. 1.15 Town Council. The Town Council of the Town. 1.16 Lot 61. The real property described in Exhibit A attached hereto. 1.17 Vested Property Rights Statute. As defined in Recital H. 1.18 Zoning. The passing of land use ordinances and regulations authorized by the Statutes of the State of Colorado and by Article XX of the Colorado Constitution, and more specifically through the Avon Municipal Code, Title 17, intended to ensure that zoning promotes stated benefits to the citizens of the Town. 1.19 Zoning Application. The zoning application for the parcel comprising the Property submitted to the Town on , 2004. 1.20 Avon Town Center Implementation Plan. The plan adopted by the Town on November 6, 2001 regarding development in the area commonly known as the Town Center. ARTICLE II COVENANTS; THIS AGREEMENT 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, 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 8th anniversary of the Effective Date. After the expiration of the Term, this Agreement shall be deemed terminated and of no further force and effect, provided, however that such termination shall not effect (a) any rights-of-way and uses of property granted to the Town related to the transportation center, or (b) any right arising from Town permits, approvals or other entitlements for the Property which were granted or approved prior to the 8 h anniversary of the Effective Date. No design review approvals, building permits or other permits shall be issued or extended by the Town subsequent to the 8th anniversary of the Effective Date. 4 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 stated in Section 17.20.110 (Planned Unit Development) et al of the Avon Municipal Code. 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 the respective Development Standards. Complete zoning and site plans are attached in Exhibit B, the Lot 61 PUD Development Plan. 3.2 Development Standards. The "Development Standards" set forth the zoning for the Property, and indicate, among other things, setback distances, building height limitations, site coverage levels, development densities, allowed uses (both permitted uses by right and those permitted upon special review), parking requirements and other guidelines and limitations for the development of the Property and are specifically set forth in Exhibit "B". (a) Subsequent Final Plan Approval. Pursuant to this Agreement the Property is now PUD Zoning pursuant to Section 3.4(a). This constitutes a Site-Specific Development Plan for the purposes of establishing vested rights. Owner and the Town shall, in a manner which is uniform of the Town and consistent with the provisions of Section 2.1 and Section 3.4 (d) further refine the design of the improvements and other details, all consistent with the Development Standards and this Agreement collectively, "Subsequent Final Design Review Plan Approval." (b) Development Approval. Simultaneously with the granting of PUD Zoning of the Property pursuant to Section 3.4 (a), the Town hereby approves the Lot 61 PUD Development Plan (Exhibit "B"). 5 3.3 Vesting of Property Rights. Owner and Town agree that (a) this Agreement and the Development Standards and the Lot 61 PUD Development Plan constitute an approved "site-specific development plan" as defined in the Vested Property Rights Statute and Section 17.14.100 of the Avon Municipal Code and subsequent compliance with Section 17.12.020 of the Avon Municipal Code which the Town acknowledges 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 with the Property in the manner and to the extent set forth in and pursuant to this Agreement, the Development Standards and the Lot 61 PUD Development Plan. (b) The right to develop, plan and engage in land uses with 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 time as in arket c onditions d ictate, s ubj ect t o t he t erms a nd c onditions o f t his 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 properly applied for and complete application approvals necessary for the development of the Property) with conditions and standards determined pursuant to Section 3.2(b) which conform to the regulations and guidelines imposed by the Town set forth in this Agreement and the Development Standards, provided that such conditions, standards and dedications shall not directly or indirectly have the effect of materially altering, impairing, preventing, diminishing, delaying or otherwise materially adversely affecting any of Owner's rights set forth in this Agreement or the Development Standards. (e) The Town shall not initiate any zoning, land use or other legal or administrative action that would directly or indirectly have the e ffect of materially altering, impairing, preventing, diminishing, delaying or 6 otherwise adversely affecting any of Owner's rights that do not apply to other properties in the Town, as set forth in this Agreement or the Development Standards. 3.5 Exactions. The following exactions are intended to provide adequate facilities, pedestrian and vehicular access, and other related improvements for the public benefit of the Town: (a) Right-of-Way Dedication. The newly created right-of-way referred to as "Benchmark Court" will be dedicated to the Town by the approved Resubdivision Plat of Lot 61, Block 2, Benchmark at Beaver Creek ("Final Plat") in accordance with Title 16, Avon Municipal Code contemporaneously with the approval of this Agreement and the Lot 61 PUD Development Plan. (b) Drainage. On site drainage facilities for the Property shall be provided by Owner to handle drainage resulting from the development of the Property. (c) Building Setbacks and Encroachments. It is the intention of the Town to provide for necessary at grade and above grade setbacks to allow for the building and/or structure to encroach as depicted on plans shown in Exhibit B. These provisions for allowing the building and/or structure elements over and on the Town property will be set forth in the Resubdivision of Tract G and Re-subdivided Lot 61, Block 2, Benchmark at Beaver Creek ("Resubdivision") and must be approved contemporaneously with this Agreement. The Resubdivision contains specific plat restrictions, which require as-built drawings upon the construction of the Property or the Resubdivision will be vacated subject to the terms and conditions of Section 2.1. (d) Transportation Hub. The Final Plat shall also include an easement for a Transportation Hub, including necessary at grade and above grade setbacks as depicted on Exhibit B. In the event the Town elects to proceed with construction of the Transportation Hub prior to the commencement of construction of the Lot 61 PUD Development Plan, then written notice must be provided to the Owner prior to 180 days of commencement of construction. The Town agrees to provide adequate ventilation and exhaust systems based upon industry standards for the Transportation Hub as part of the construction of the Lot 61 PUD Development Plan and associated permits and approvals. 7 (e) Transit Administrative Office: A minimum of 400 square feet of floor area on the ground level adjacent to the Town Transportation Hub for typical administrative purposes and public restroom facilities associated with transportation must be dedicated upon construction of the Transportation Hub by the Town and/or with design review approval for Lot 61. (f) Water Rights: The developer will be responsible for the acquisition of additional water rights and their subsequent dedication to the Town if necessary to amend the Town's Augmentation Plan based upon the specific proposal applied for. (g) Timeshare Amenities Fee: Commencing as of the effective date of this Agreement, and continuing in perpetuity, the timeshare ownership association formed to manage the timeshare ownership project located on Lot 61 is obligated to collect from each timeshare owner and remit to the Town a Timeshare Amenities Fee. The provisions for the obligation for each timeshare owner to pay shall be a covenant running with the land and reflected accordingly on the Resubdivision Plat and association covenants. Prior to the formation of any timeshare ownership association, the Owner shall be obligated to collect and remit any and all Timeshare Amenities Fee. The number of units shall be calculated at the time of time-share subdivision. The fee shall be paid to the Town semi-annually and will be based upon the following schedule: Number of Units Constructed Per Timeshare Week* 125 - 149 Timeshare Units $ 58.25 150 - 174 Timeshare Units $ 48.50 175 - over Timeshare Units $ 41.70 * Timeshare Week is defined as seven (7) consecutive days constituting a maximum of fifty-two (52) intervals per calendar year. The amount of the semi-annual payments will be calculated according to the following formula: Number o f e xisting o r n ewly d eeded t imeshare i nterests p er s emiannual period (January- June, calculated as of June 1, and July-December calculated as of December 1), multiplied by the appropriate fee based upon the Deeded Timeshare Units schedule (or as adjusted by CPI-U, as defined below), divided by 2. The due dates for the semiannual payment are August 20 and February 20 for the previous semiannual calculation period. 8 On January 1, 2005, and on the first day of each year thereafter, the amount of the fee shall be increased by the prior years average consumer price index for All Urban Consumers for the Denver-Boulder-Greeley metropolitan area as published semiannually and appearing in the January and July issues of the CPI Detailed Report published by the Bureau of Labor Statistics (the "CPI-U"). It shall be the duty of the timeshare association to keep and preserve such records as are necessary to determine the amount of fees due hereunder. Such records shall be preserved for a period of three years and shall be open for inspection by representatives of the Town during regular business hours. Prior to the formation of the timeshare association, the Owner shall have the above-referenced obligation to keep and preserve such records. If a remittance to the Town is delinquent, or the remittance is less than the full amount due, the Town shall make a written determination of the amount due and deliver or mail the same to the office of the condominium timeshare association. The amount properly determined to be owing shall be subject to a penalty in the amount of ten percent of the amount due and shall bear interest from the due date of the remittance at the rate of one and one-half percent per month until paid. Prior to formation of the timeshare association such written determination will be delivered to the Owner. 3.6 Timing on Development. In the event the Owner obtains a building permit and complies with all other relevant rules and regulations governing development on the Property consistent with the Lot 61 PUD Development Plan, then the Owner must provide written notice 180-days prior to commencement of construction to the Town of the development schedule. There is no phasing proposed or contemplated for the development of this Property. The Owner and the Town agree to cooperate in construction staging and development to allow for orderly and safe construction of the Property. 3.7 No Obligation to Develop. Owner shall have no obligation to develop the Property and shall have no liability to the Town for its failure to develop the Property. The Town shall have no obligation to permit the Owner to construct under the dedicated road right-of-way or transportation center after 8 years from the Effective Date of the Agreement, and shall have no liability to the Owner or any other party for its failure to develop all or any part of the Property. In the event a revised Resubdivision for Tract G and Lot 61 based upon as-built drawings is not recorded, then the Resubdivision will be vacated subject to the terms and conditions of Section 2.1. 9 3.7 Compliance with General Regulation. 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 design review, building, fire, plumbing, electrical and mechanical codes, the Municipal Code, and other Town rules and regulations) or the application of s tate o r f ederal regulations, a s a 11 o f s uch r egulations e xist o n t he d ate o f t his 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, delaying or otherwise adversely affecting any of Owner's rights set forth in this Agreement or the Development Standards. Owner does not waive its rights to oppose the enactment or amendment of any such regulations inconsistent with other properties in Town. ARTICLE IV DEFAULTS, REMEDIES, AND TERMINATION 4.0 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 pursuant to an initiated measure, taken without Owner's consent, that materially alters, impairs, prevents, diminishes, 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. 4.1 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. 4.2 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 5.7, 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. 10 4.3 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 obligation 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 stature. (b) In the event of default by the Owner, notwithstanding other available remedies s et forth h erein, t he T own i s u nder n o o bligation t o i slue a ny land use approvals, including but not limited to design review and building permits for the Property. (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 24-68-105(1)(c) as in effect on the Effective Date, plus any other and additional damages provable at law. ARTICLE V MISCELLANEOUS 5.0 Applicable Law. Agreement shall be constructed and enforced in accordance with the laws of the State of Colorado and the relevant portions of the Avon Municipal Code.. 5.1 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 constructed as making Town and Owner joint venturers or partners. 5.2 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. 11 5.3 Waiver. No waiver of one or more of the terms 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. 5.4 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 Avon Comprehensive Plan, A von M unicipal Code, T own C enter P Ian, a nd o ther applicable r egulations and policies of the Town. 5.5 Severability. If a ny t erm, p rovision, c ovenant or c ondition o f t his A greement i s 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 are being enforced under the facts and circumstances then pertaining. 5.6 Further Assurances. Each party shall execute and deliver to the other all such other further instructions 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. 5.7 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 (i) 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 that parties at their addresses set forth below: If to Town: Town of Avon Attn: Town Manager P.O. Box 975 Avon, Colorado 81620 If to Owner: IDG 3 LLC c/o C. Philip Smiley P.O. Box 5000 Avon, CO 81620 12 5.8 Assignments. 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 it interests, r ights o r o bligations a nder t his A greement t o t hird p arties a cquiring 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. 5.10 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. 5.11 Amendments and Waivers. No amendment or waiver of any provision of this Agreement, nor consent to any departure here from, 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 BV: Mayor ATTEST 13 Town Clerk STATE OF COLORADO ) )ss. COUNTY OF ) Subscribed before me this day of , 2004, by as Mayor of Town of Avon, a municipal corporation of the State of Colorado. My Commission Expires: Notary Public STATE OF COLORADO ) )ss. COUNTY OF ) Subscribed before me this day of , 2004, by as Town Clerk of Avon, a municipal corporation of the State of Colorado. My Commission Expires: ATTEST Notary Public OWNER: By: 14 STATE OF COLORADO ) )ss. COUNTY OF ) Subscribed before me this day of , 2004, by as My Commission Expires: Notary Public STATE OF COLORADO ) COUNTY OF EALGE ) SS TOWN OF AVON 15 NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT ON THE DAY OF , AT THE MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. F:ACounciMgreements\L61 B2 BMBC DevAgrnmtv.2.doc 16 Fxhihit "A" Lot 61, Block 2, Benchmark at Beaver Creek, according to the Final Subdivision Plat - Amendment Number 4, recorded September 5, 1978, in Book 274 at Page 701 as Reception No. 171107, County of Eagle, State of Colorado. p LOT 61 P \ LOT .U.D. B THE SEASONS AT AVON LOT 63/64 r / 4? /oPo / P rr) BENCHMARK i COURT R.O.W. /W /oy ! / Rim ?wqr , Tp \ GRgD f \ 8 \ 'q/2 tD o M1' o t m? , lqy sk ??? NL6 0 4' , Da, ? -cog a ba?y?, w ?Op,9 / AVON TOWN SQUARE (T) Lot 61 PUD Development Plan At Grade SCALE 1' - 20,_0• DEVELOPMENT STANDARDS A. Allowed Ueea: 1. Rctdl dam 2. Spcridty chop. 3. Re t-r , -h.*, Rite-tkwph wkdwn 4. Cakldl bug- 5. P-d -ioe aMpa 6. Ntek m !loess dvx pxde w/ mmrfdd aneil4e 7. Cmdankise m fioas dow pale s. Tme ekx", kA-M -ws* ad f-mrw fm aumehip dive pax odich mrot Fcbde o rareatfmi anmity fee. 4 Poblk truepatdkn Far uu- kmk-drq 300 S.F. iram%/otnh. office at Qnle r-dW<Fy rclfaerp to trait reds 8. special Review Ue I. Caierrc/Camntkn fadlHw kd- I-Ak. ad/s *_tok-* fodltbs 2. Thedes 3. Prot-kaW OfBcm m gr.& 4 Peblk Pokip F ltiee 5. Fi.-W hAft.6- 6. AdMtknd Uem ddemhed to be eknller to Ikuad uem h adore 044th the M-A F tic - dblrkt. C. Develop mrYt stardads: I. Ld Aea 1.07 Acm 2. B."V N-VA, A hclpht, a d0k d by the Tan d A_ Ttl¢ n, Mnklpd Code d KE.S f-L TH. "I be the heldt to th tap d th arkmkp roof sU_t_ mats path-,' d-ts, PaWets ad eirdls gprtmarm sfdl to .11-d to eeeed tIh ddan Wth epcifk Dmle, Rrvkm Board oppad. 3. D-ky, Type Ftitmm Ihitxm C-n-bVFetdh D,000 5T. 40,010 S.F. R-kW,tWfn Shple 90 UA lt2,500S.F. 330,000 ST.. R-04"fn_ S!_ t25 UrJ 1900 ST. ca/II2,5WS.F. 330,0010 S.F. P.-kk,AW/ACrmrodtNn W VA. 305 Uits 4. Ladxgenlerderge ate Cavaap T-rv A?FFd i eea co-0. etdl to detumkmd M Dmipt RevWe apsad. 5. Pokkp A C-mc Per A -d.* hewed h the wt N PUD Drxkprad Apemiat B. WsidetW, Ps eta,dade hewed in the Lot N PUD Derelopnmt AW--t C. Gant Parkhp Ps dmderds fr,h h the Ld W PUD Dewdolmat AW-- t 6. ProJedtam -h - mkmro, rode, r-I.-d fl- ad derb -y -h hto melba arils ryt f W. Wth M-JM Tmn f Awn De lm P-i- gpraW. EXISTING BUS TURNAROUND RECEIVED JAN 0 2 2004 Community Development D. of is cortifiez." r- dl mat by these pmats the behp tlr ale aW,er. h fm ehgx d M thA real property d-*.d n fdk- r Ld Nr Bbrk Zl Bamhrvk a Bean Credo Sub&,%;- A„es-rk 2, May Catanda kit Wee b d-l p the plm os depicted m Vie rile pkn C. MOO 5r i rlvapkq Patric IDG 3 LLC TI- f vWkv eydtre oae ocbnukdped bdom me ttie dw F , 2001, by ItVine nN herd ad sad Wtery Dubuc E. Toun GrUftcate Thb lot N P.Un. Dmtmkurat Pk. In ban gP -W by CF&nme 01==try Ue Tam Cwril of The Tam d Awn h Ea& Coady, Cobrado -dg d-, 2W4. Thb oW,-l rmtfi J4 rp-Hk Derebprtrd Pk. eAhh the memkp d Thd Cokrado vested Rtplt+ Sddute. Th" q*pr love rot rWl The Taen d Am W rantnct arty tnPwernate. The Tam d Awn t*. - resp-tMY Fr tte to h*a rcrur¢y d 0& plm a aq 6--Ad- these,. WTNE55 Mr IWO AND SFaL OF THE TOM OF AVM TOW CaNC! OF TIE TO -N OF AVON A,Umb Btas ParrWN, 18Jer Reurdhp Tame Clerk ad h My recorded In Book -, Pape W. LOT F. Clerk and Recorder's Certificate TN- LA N PUD Devebprmrt Pk- aae pled fir rsad h the Office d W CWk ad R-J r d__dd-k Pl 2004, 61 Block 2 Benchmark at Beaver Creek Subdivision Amendment 2 Avon, Colorado SITE PLAN AT GRADE DEVELOPMENT STANDARDS 0 CoyyN 2004 Alt R{efde ft-d MICHAEL HAZARD ASSOCIATES P.D. Box 1066 Vail, Co 81658 g70.g4q.4g58 Fax g70AW.4838 mhofvail.net Lot 61 P.U.D. Development Plan Date Issue 12/10/09 Plmning t Zoning 12/23/03 Plcming t Zoning 12/30/03 Plalning t Zoning 1/2/04 Plaining t Zoning Sheet Number of 3 Sheets DEVELOPMENT PLAN LOT 61 P .U.D. \ LOT B THE SEASONS AT AVON LOT 63/64 / / / e / 0 0 rv ?J? /3P /o sr /a I ?' \7 I 1 oa DEVELOPMENT PLAN q?2 s oN \6, CO- NgOP9 3 sF< ? - Gj2? fir, yir??t AVON TOWN SQUARE Lot (o1 PUD Development Plan Below Grade 5CALE: I' = 201_0' EXISTING BUS TURNAROUND IOA' S.0' _ MA)IIMUM Ne_yu J? I _ V z J } __. Ie .?ewe ? FIN. 6RApE ?I a i FIN. GRADE 8 SITE SECTION Z No Scale ME LOT MAXIMUM HEIGHT 61 Block 2 Benchmark at Beaver Creek Subdivision Amendment 2 Avon, Colorado SITE PLAN BELOW GRADE SITE SECTIONS 0 fsgrlpl* 2W4l All RIpM. K-d MICHAEL HAZARD ASSOCIATES P.O. Box 1068 Vail, co 81655 g70.g4q.4q55 Fax 970.g4q.4535 mFo0vail.net Lot 61 P.U.D. Development Plan Date Issue I2I10/03 Planning t Zoning 12/23/03 Planning t Zoning 12/30/03 Plmning !Zoning 1/2/04 Planning t Zoning Sheet Number 2 of 3 Sheets SITE SECTION 4 No Scale V SITE SECTION 2 No Scale Lot 61 P.U.D. THE SEASONS AT AVON LOT 63/64 i \ LOT 8 SITE SECTION 8 NO Scale r M1.6- 0 ? V / l lrc ? l / I if r ,? o' / o q?3 wYF ?i,? 6?DFw hir ? X65 ???? AVON TOWN SQUARE (T) Lot 61 PUD Development Plan Above Grade SCALE- P = 20-0' Development Plan ?o ? Qr • N .N a. w N O, ?F V y?,cK 1 00 %? ARC ?OA?/ OEaGa? // EXISTING BUS TURNAROUND { r -25.d 20 1 " MAxIMUM MEIG14T 1 - A o LL I. + 15 5 ABOVE -- ? NI FIN. ` GRADE I ' FM_ GRADE e SITE SECTION No Scale MAXIMIRI NEIGH] h t o N a + 18.5' ABOVE FIN. GRADE 75'1-- I FIN. GRADE I LOT Of t Block 2 Benchmark at Beaver Creek Subdivision Amendment 2 Avon, Colorado SITE PLAN ABOVE GRADE SITE SECTIONS 0 G.yrWA ZGW ?u M.?. ft---d MICHAEL HAZARD ASSOCIATES P-0. Box 1068 Vail, Co 81658 g70.g4q.4q58 Far g70.g4q.4838 mha0voil.net Lot 61 P.U.D. Development Plan Date Issue 12/10/03 Planing t Zoning 12/23/03 Planing t Zoning 12/30/03 Planing t Zoning 1/2/04 Planning t Zoning Sheet Number 3 of 3 Sheets SITE SECTION 8 . No Scale Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Enginee Anne Martens, Assistant Town gineer Date: January 8, 2004 Re: Resolution No. 04 - 01, Approving the Preliminary Plat, A Resubdivision of Lot 61, Block 2, Benchmark at Beaver Creek - Amendment No. 4, Town of Avon, Eagle County, Colorado (0075 Benchmark Road) (PUBLIC HEARING) Sum IDG 3, LLC, owner's of Lot 61, Block 2, Benchmark at Beaver Creek - Amendment No. 4, have submitted a Preliminary Plat for the Resubdivision of Lot 61, Block 2, Benchmark at Beaver Creek - Amendment No. 4, Town of Avon, Eagle County, Colorado. This subdivision is in conjunction with a proposed PUD Development Plan and Development Agreement for Lot 61. The proposed Subdivision, PUD Development Plan and Development Agreement provides for the dedication of a new road right-of-way connecting the Town Center Mall with Benchmark Road and a Transportation Hub Easement adjacent to Benchmark Road to allow construction of a Transportation Center. This is a public hearing for the preliminary plat. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends approval of Resolution No. 04 - 01, Series of 2004, A Resolution Approving the Preliminary Plat, a Resubdivision of Lot 61, Block 2, Benchmark at Beaver Creek - Amendment No. 4, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be approved by staff. Town Manager Comments: I:\Engineering\Subdivision\Benchmark at BC161 B2BMBCPP.doc TOWN OF AVON RESOLUTION NO. 04 - 01 Series of 2004 A RESOLUTION APPROVING THE PRELIMINARY PLAT, A RESUBDIVISION OF LOT 61, BLOCK 2 - AMENDMENT NO. 4, BENCHMARK AT BEAVER CREEK, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, IDG 3, LLC have submitted a Preliminary Plat for a Resubdivision of Lot 61, Block 2, Benchmark at Beaver Creek - Amendment No. 4, Town of Avon, Eagle County, Colorado; and WHEREAS, the Preliminary Plat has been reviewed by the Town Staff; and WHEREAS, the Preliminary Plat was found to be substantially in conformance with Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as a Preliminary Plat. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Preliminary Plat for A Resubdivision of Lot 61, Block 2, Benchmark at Beaver Creek - Amendment No. 4, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: The completion of technical corrections as identified by Town Staff ADOPTED THIS DAY OF , 2004. TOWN COUNCIL TOWN OF AVON, COLORADO ATTEST: Albert D. Reynolds, Mayor Patty McKenny Town Clerk CADocuments and Settings\nwoodTocal Settings\Temporary Internet Files\OLK2\L61B2BMBCResO401.doc MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY REt TRACT J BRIDGE DEMOLITION DATE: DECEMBER 4, 2003 You now have before you a resolution assessing the cost of demolition of the Tract J bridge against the. property. That assessment will be certified to the county treasurer for collection as part of the 2004 taxes. If the assessment is not paid at that time, a tax sale certificate will be issued, and three years thereafter the Town will be entitled to apply for a treasurer's deed. I regard it as unlikely that any protests or objections will be filed, given the property owner's lack,of interest to date. Also, the 2002 taxes, due in 2003, were not paid, and there is now a tax sale certificate outstanding. Under the Uniform Code for the Demolition of Dangerous Buildings, protests or objections must be filed in writing prior to the hearing. Therefore, if anyone appeared without having filed a written objection or protest, they would not be entitled to be heard. Any protest or objection obviously could go only to the amount of the assessment at this stage of the proceedings. .IWD:ipse 11 0 WHEREAS, no written protests or objections were filed by any person interested in or affected by the proposed charge prior to the time set for the hearing: NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Avon, Colorado: 1. The correctness of the charge and the report, as submitted by the Director of Public Works, are confirmed. 2. The charge, in the amount of $26,864.89, is confirmed and assessed against Tract J, Benchmark at Beaver Creek. Town of Avon, County of Eagle and State of Colorado, and certified to the County Treasurer of Eagle County for collection. ADOPTED at a regular meeting of the Town Council on December, 2003. n Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk E Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager C O L O R A -Do Fran: Ruth Borne, Director of Community Development Matt Pielsticker, Planning Technician Date January 7"', 2004 Re: Appeal to Town Council of Planning and Zoning Commission Denial of Minor Project for Fence Summary On December 16ffi, 2003 the Planning and Zoning Commission denied a Minor Project Application for a fence. The property is located at 4491 Wildridge Road West. The Commission's decision has been appealed to Town Council by the applicant, Marjorie Marks. The Planning and Zoning Commission denied the Minor Project due to conflicts with the current Residential Design Guidelines. The fence has already been installed, and staff has requested that the un-approved fence be removed. A split rail fence was previously approved on the same property by the Commission in 2001 to help delineate the driveway from the road. Attached for your review is the staff report to the Planning and Zoning Commission dated December 9"', 2003 and a picture of the fence. Discussion The proposed fence is a four to six foot high green mesh fence along the side and rear of Ms. Marks' property. The intention of the fence is to keep wildlife such as deer from entering and damaging landscaping on the property. This application conflicts with the Residential Design Guidelines. The only type of fence entertained by the Guidelines is a split rail fence. An excerpt from the Guidelines that addresses fencing in the Town is attached, along with a letter from Ms. Marks to the Planning and Zoning Commission. Alternatives Uphold Planning and Zoning Commission decision Overturn Planning and Zoning Commission decision Remand decision to Planning and Zoning Commission for further review Memo to Town Council, January 7, 2004 Lot 28, Block 3, Wildridge Subdivision, Minor Project Appeal Page 1 of 2 Town Manager Comments Recommendation Uphold Planning and Zoning Commission decision, thereby denying the appeal. Attachments: A. Staff Report for Minor Project dated October 21, 2003 B. Letter to Planning and Zoning Commission from applicant C. Page 20 of Design Guidelines "Fencing and Screening" I,, ? . ern it 14 Memo to Town Council, January 7, 2004 Page 2 of 2 Lot 28, Block 3, Wildridge Subdivision, Minor Project Appeal I own OT Avon Minor Pvoject Swff Report December 16, 2003 Planning & Zoning Commission meeting Report Date Project Type Legal Description Zoning Address Introduction December 9, 2003 Minor Project - Fence Application Lot 28, Block 3, Wildridge Subdivision Duplex - PUD 4491 Wildridge Road West The applicant, Marjorie Marks, is requesting the approval of a four to six foot green mesh fence along the side and rear of her property. The fence is proposed four to six feet to protect deer from eating flowers, bushes, flowers, etc. Attached you will find a site plan and a picture of the fence. The fence was installed by the applicant and staff requested that a minor project application be submitted and approved by the Commission. A split rail fence was previously approved on the same property by the Commission in 2001 to help delineate the driveway from the road. Design Review Considerations According to the Commission's Procedures, Rules & Regulations, Section 4.10, the C(Mnmission 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 Zoning Code. • Allowed use: The fence will not alter the residential use permitted on this lot. • Lot Coverage: The fence does not impact the lot coverage. • Setbacks: The fence begins close to the northeast property corner, which encroaches into the front snow storage and drainage easement. • Building Height: The applicant's request is not consistent with the Division of Wildlife (DOW) recommendations that fences should not exceed 48" in height. The fence exceeds the DOW recommendations with the extensions placed on the top of the fence. • Landscaping: The fence is visible from the road and neighboring properties. 2. The type and quality of materials of which the structure is to be constructed. According to the Residential Design Guidelines Section C, fencing is discouraged "and will only be permitted where it complements the character of the property-and compliments the landscaping rather than contain the property." The guidelines also state that "fence materials shall be compatible with the site and the materials of the structures on the site," and "should Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 icccuivci i V, cvvJ 1 MIL111116 UL c.vlllllr, l,Ulllllll3JtV11 lvlccllllr' t Q?G L Ul L the fencing comply with the requirements of this section, the `',aced area must be less than ''/4 of the perimeter of property and no more than 4 feet in he _,t c' It is staff's opinion the proposed fence delineates the property boundaries, and the fence materials are not compatible with the site. Also, the fence area proposed is more than half the perimeter of the property and the fence height is greater than 4 feet. 3. The appearance of proposed improvements as viewed from adjacent and neighboring properties and public ways, with respect to architectural style, massing, height, orientation to street, quality of materials, and colors. The proposed fence may have a negative impact as viewed from adjacent properties. Although difficult to see from the road, the fence does impact neighboring properties. 4. The objective that no improvement be so similar or dissimilar to others in the vicinity that monetary or aesthetic values will be impaired. The fenced perimeter does not appear to be consistent with other fences in the area. As proposed, the fence may impair monetary or aesthetic values. According to the Design Guidelines, "where noted by the DOW, accepted wildlife corridors shall be accommodated to a reasonable degree on all properties when considering the layout of site disturbances." This fence appears to conflict with this wildlife consideration as stated in Section C of the Residential Design Guidelines. 5. The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon. This fence does not appear to conform to the adopted Goals, Policies and Programs of the Town because of its conflict with existing Residential Design Guidelines as stated in this report. Staff Recommendation Staff recommends denial of this fence application for Lot 28, Block 3, Wildridge Subdivision. If you have any questions regarding this project or any planning matter, please do not hesitate to call me at 748.4413 or stop by the Community Development Department. Respectfully submitted, Matt Pielsticker Town of Avon Community Development (970) 748-4030 Fax (970) 989-5749 P.O. Box 9105 449 1 A Wildridge Road West Avon, CO 81620 Town of Avon Planning and Zoning Commission I am in receipt of a letter dated December 17, 2003, fiom Matt Pielsficker, Plannin Technician, and your g messenger of tidings not exactly in keeping with the spirit of the season: In summer of 2003 I erected a green past and wire fence on the east side and back of my property, within the property lines, in hopes of preventing deer fioom decimating my attempts to landscape and beautify both my property and nei I planted 500+ tulip bulbs on my ? (In Fall of 2002, property, and in Spring of 2003 the deer ate every single flower. The deer have destroyed many of my evergreens, and consurned every rose firom 12 new bushes which I e bud Planted in sunimm, 2003, before any rose every got to simmer its face.) The fence was constructed solely in an attempt to salvage my lam, but it also had the effect of somewhat discouraging the half dozen dogs that roam this neighborhood constantly and crap all over my property. It is not a pleasant thing when to my garden to be constantly finding dog poop in my Pte-8 weed I know this town has leash laws which, unfortnnately, do not seem to be as assiduously enforced as your "Residential Design Guidelirkes." I received a first letter regarding this matter from Mr. Pielsticker about one month ago. In response to that ominous epistle, I made the required $75 obeisance that money for, in any case?), filled out forms he provided, and awaited (exactly what is anticipating that there would not be a problem- your response, While I can somewhat appreciate the right of a municipality to enforce someone's idea of design which may be different from, my own, I have never before encountered this concept regarding a property which I own in entirety, i_e. neither a condo nor co-op, where there is no home-owners organf m ion or a?!' and information regarding any any controlling polkim If I knew going in that someone might later be telling me how to huxisc ape my property, or paint my house, or whatever, I would at least have the choice of NOT moving to said municipality. Infonwd choices are one thing, but having guidelines sprung on residents are, I think, a somewhat different set of eircun#ances. I do have some questim bout the constitutionality of some self- determining what I can or cannot do on property or and that is an issue I will inveati wholly and solely owned by me, and gate even while I comply with your demands. But MORE to the point, I am maned with the prowess here. When I purchased my home, in duly of 2000, NO NDTICE OFANYxnw A'AS EVER PROFFERED TO AM EITIitER ORALLY DR fN WRIT7IVG that Avon has a design council which reserves the right to control what I do on my property. Was this an oversight by my realtor or title company? Or is it assumed that every rat of Avon "just knows" not only that there are design, guidelines, but exactly what these guidelines are? These same guidelines do NOT exist is every municipality in this qty, so if an incoming Avon rest is NOT informed they adst, just HOW is one expected to know. For a municipality to make no attempt to hi form its resident owners that certain guidelines apply, and then penalize those residents ifthey don't adhere to those guidelines smacAs ofentrapment. I am not totally naive. I am aware that certain budding and alterations to my property or house probably require a permit, but this innocuous fence is neither a building nor an alteration. I would like to address some of the specific points which Mr. Pielsbcker made in his "Minor Project Staff Report" of December 9. 1. Setbacks I was not aware that the northeast cornet of my property is either a. snow stomge drainage or Wit, since 1) it is not marked as such and 2) I have never observoed snow being stored there, nor is there any drain. Notwithstanding, I suggest that this specific objection could be satisfied without my having to remove the entire fence. 1. Building Height I would assume that the Division of Wildlife recommendation that fences not exceed 48" in height is specifieWl to allow Y wildlife to jump over the fence, whereas the intent behind this barrier was specifically to prevent wildlife jumping over the fence. I'm wondering why the DOW would feel that the deer MUST have access to my property, with all the open land in this county.... though I concede that I have very tasty flowers and plants. apparently I Type and Quality of Materials In proceeding on this ill advised mission of trying to protect my landscaping I chose the green stakes and wire mesh OVER a wooden fence which might more closely "complement the character of the property," believing that the green blends in with the wild sage and bushes surrounds my ply and would less intrusive. I don't pretend that it's gorgeous; I just hoped it would be effective. I am sorry that the fence apparently offended some neighbor, which was certainly not its intent. Perhaps an acceptable compromise might be a split rail fence, which could be installed in the spring (of course at a MUCH GREATER cost to me). There is another property just down the hill from me which is surrounded by a split rail fence, so apparently that is permitted on occasion. In item 4 Mr. Pielsticker alleges that the fence "may impair monetary or aesthetic values." While `monetary impairment' might be hard to demonstrate, I concede that the fence itself was not intended to be an arc contribution to the neighborhood (any more than are the marauding dogs). But I do know that attractive, well-tended gardens are a great amenity in any neighborhood and definitely enhance property values. My erecting the fence was not intended to offend anyone's aesthetic sensibilities, but rather to Proms an amen'tY--my limns--which garner much positive response and admiration from my neighbors and passers-by. If the real objection to this fence is that it interferes with wildlife corridors,, tlmi T there is no compromise possible. The deer, incidentally, seem to be doing just fine, guess and getting around wherever and whenever they want, so in a sense, the joke IS on me: the fence has not worked particularly well. Thus, I will eertaiuly comply and to take the fence down at a reasonable time. But I suggest to you that mid winter is not such a time. I asked Mr. Pielsticker if he knew HOW this (demolition) could be accomplished when the ground is frozen. (The posts have "barbs" underground to make them stable, but these same "barbs" will make the posts very difficult to remove when the ground is fibze.) He replied, with great reluctance, that a tractor might be able to accomplish the job. Notwithstanding an expense which I am unable to afford., I believe it would be IIVV OSSIBLE for a tractor to access my land without impinging on and damaging neighbors' property, This does not seem like a good solution. In the spring, when the ground is soft, the fence can easily be removed, and at a more reasonable, though nonetheless onerous expense to me. I rrsv?xf„ trot von allow me AN so udon. I would also be most grateful if you would inform me if there is any method of deer damage control which is permissible in this municipality. I understand that this whole situation arose because "someone made a complaint." Am I entitled to know who lodged this complaint (and why, the person waited almost six months)? In the 3 yZ years I have been here I have not once lodged a complaint about the dogs on the loose defacing my property. Please assure whoever lodged the fence complaint that I Will most certainly now do so whenever I see an unleashed animal. There is one more issue that plagues me on which you can perhaps sled some light: The spec house which I purchased in summa, 2000, turned out to be the house from hell. While a beautifully designed house (in my opinion; perhaps not one shared by your design gurus), the house has presented with over $30,000 of building and mechanical defects which should have been covered by warrantee. But, rather than honor his warrantee, the developer chose to harass and threaten me (he spent time in the Avon jail for that) and then flee the state. So, in essence, I have paid $30,000+ more for the house than its contract price. Among the problems which I had to correct was that there was NO DRAIN in the mechanical room, which, I was informed, was a BLATANT violation of code. This came to light when I was paying to have other problems conwted. So, of course, the drain had to be installed at my expense. But here is my question: HOW does a house (or its developer) get a C.O. with a blatant violation of code? If an inspector is kwxperienced, and is guilty of an oversight, should he/she be fined $100 per day until someone else (in this case, me) makes good on his error? Or did someone perhaps just "look the other way?" It seems to me that this is as important an issue as a fence which violates some awn guidelines, and I am wondering if you might be willing to help me unravel that mystery. Thank you for your time and consideration. My personal opinion is, given: the REAL issues in this world, this is unworthy of both your and my time, but this is apparently the way it is and the way many wish it to be. H - ys to you all. Fencing and Screening Fencing is discouraged, and will only be permitted where it complements the character of the property, existing grades and landforms, and compliments the landscaping rather than contain the property. Fences that delineate property boundaries are not permitted. Requirements: L Fences, walls, or similar type barriers shall have a separate approval of the Commission, except that functional or decorative fences or walls may be approved as an integral part of a building and landscaping design. Wood fences are generally more acceptable than metal. Limited use of fences, such as to screen trash areas and utility equipment, is encouraged. 2. Fence materials shall be compatible with the site and the materials of the structures on the site. No chain link fences shall be permitted in residential areas, except for use as a temporary construction fences or for use in public recreational facilities. The use of chicken wire, or metal screening, with split rail fencing is discouraged. However, should the fencing comply with the requirements of this section, the fenced area must be less than 1/4 of the perimeter of the property and no more than 4 feet in height. 3. Where noted by the Colorado Division of Wildlife (CDOW), accepted wildlife corridors shall be accommodated to a reasonable degree on all properties when considering the layout of site disturbances. '1 Fencing should not delineate property lines. Erosion Control This type of fencing is no longer acceptable. Erosion control is essential at all building sites. Design plans must indicate the type, method, and placement of erosion control structures on the property. A surety may be required to ensure proper installation and maintenance of these items. Required erosion control techniques and. Best Management Practices (BMP's) for small residential projects are listed in the Pollution Control Plan , (Appendix 4). All other projects will need to reference the Avon Master Drainage Stud , available in i the Community Development Department. r Town of Avon Residential, Commercial, and Industrial Design Review Guidelines Adopted November 6, 2001 Pale 20 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: January 5, 2004 Re: Amended and Restated Water Lease Summary: The Town has leased water rights to the Upper Eagle Regional Water Authority to provide the necessary rights to meet water consumption demands for water service within the Town. Originally, the lease to the Authority was for all water owned by the Town with the Town retaining the right to use any of these rights not required for water consumption by the Town's customers. Upon completion of the Eagle Park Reservoir and approval of the Amended and Restated Service Contract with the Authority, the water leases were revised to reflect new water right agreements and decrees. Eagle-Vail and the Authorities rights were removed from Nottingham Lake and Avon's water rights not required per the Town's Augmentation Plan were separated from rights leased to the Authority. The Authority has indicated they do not believe that the existing lease is sufficient and has demanded that the Town execute a new water rights lease with the Authority. The first draft of a proposed lease would have leased all of the Town's water Rights to the Authority, including the 113 acre feet of water in Nottingham Lake decreed separate from consumptive use requirements for the Town. Gary Greer, the Town's water attorney and Les Botham, the Town's water engineer have reviewed the various proposed leases for compatibility with the Town's water rights and consumption demands. They believe the attached draft is consistent with the Town's water rights and consumptive use requirements for water provided by the Authority. Gary Greer has forwarded the attached Memo, Water Rights Lease and Exhibits to Glen Porzak. We believe this Lease is consistent with current agreements and water right decrees for both the Town and the Authority. We recommend approval of the attached water rights lease and corresponding exhibits contingent upon subsequent approval by Upper Eagle Regional Water Authority. 1:Tngineenng\WatenWater RightsAestated Water Lease-Council Memo. Doc Recommendation: Approve "Amended and Restated Water Lease" dated May 31, 2001, between the Town of Avon and the Upper Eagle Regional Water Authority. Proposed Motion: I move to Lease" dated May 31, 2001, between the Town of Avon and the "Amended Upper Eagle Regional Water Town Manager Comments: • Page 2 AMENDED AND RESTATED WATER LEASE This Restated Water Lease (the "Restated Lease") is entered into to be effective as of the 31st day of May 2001, (the "Effective Date"), by and between the Upper Eagle Regional Water Authority (the "Authority") and the Town of Avon (the "Town"). WHEREAS, the Authority and the Town entered into an individual Service Contract as of April 1, 1985, by which Service Contract the Town leased its water rights to the Authority (the "Water Lease"); and WHEREAS, the Authority and the Town, along with other Authority members, entered into a number of addenda to the individual Service Contracts; and - - --AVH-EREAS,-the-Authority-ancLthe TOw"ong--with_the other AuthQrit entered into that certain Amended and Restated Master Service Contract (the "Master Contract") dated as of January 1, 1998; and WHEREAS, the parties to the Master Contract, including the Authority and the Town, intended to maintain the Water Lease in full force and effect; and WHEREAS, the Master Contract terminated all prior Service Contracts and addenda thereto; and WHEREAS, the Parties now desire to amend and restate the Water Lease to clarify the continuing validity of and effect of the Water Lease, and to amend the water rights and other interests that are the subject of the Water Lease. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledge, the Parties agree as follows: 1. The Town hereby amends and restates the Water Lease, and does hereby lease to the Authority the water and water rights, ditches and ditch rights, wells and groundwater rights, springs and spring rights, and reservoirs and storage rights described on the attached Exhibit A, together with all of its rights, interests, and obligations contained in those agreements described on the attached Exhibit B. 2. The water rights leased hereunder include all the water that is decreed for the replacement of evaporative loss from Benchmark (Nottingham) Lake. So long as this Water Lease remains in effect the Authority shall be responsible for and shall utilize the decreed replacement water for such replacement. The Authority's rights hereunder extend to and include the authority to make use of the decreed replacement water for such use. 3. All other terms and conditions of the Master Contract remain in full force and effect. In the event the Authority deems it necessary or desirable to adjudicate any change of water rights in order to implement this Amended and Restated Water Lease, it shall be the sole responsibility of the Authority to initiate and prosecute such change in Water Court. In such event, the Town shall have the right„ but not the obligation, to participate in any such proceedings either as an opposer or as a co-applicant for the purpose of monitoring such proceedings and to protect its rights hereunder. IN WITNESS WHEREOF, the Parties hereto have caused this Lease to be executed in their corporate names, all by the proper officers duly authorized thereto, to be effective as of the Effective Date, but actual execution having been completed on the day of 2004. UPPER EAGLE REGIONAL WATER AUTHORITY By: Chairman ATTEST: By: Secretary TOWN OF AVON By: Town Manager ATTEST: By: 2 EXHIBIT A Water Rights Town of Avon An undivided 74.5% interest in the following water rights, as changed, quantified, exchanged, and/or augmented in Case Nos. W-3664, 80CW64, 84CW225, 85CW612, 86CW200, 92CW291, 94CW22, OOCW083, and O1CW015, all in Water Division No. 5: 1. (a) Metcalf Ditch, priority n o. 146, in the amount of 6.0 cfs, decreed on M arch 5, - 1.9Q.1_,_in r'a?e Nn CA ?$?, W?t?r I?ivislon._No 5 (b) Metcalf Ditch 1st enlargements, priority no. 415, in the amount of 4.07 cfs and 0.8 cfs, decreed on October 3, 1936, in Case No. CA 963, Water Division No. 5. (c) Metcalf Ditch 2nd Enlargement, priority no. 528, in the amount of 9.13 cfs, decreed on July 23, 1958, in Case No. CA 1193, Water Division No. 5. (d) Nottingham & Puder Ditch, priority no. 148, in the amount of 2.5 of the 10.00 cfs, decreed on March 5, 1901, in Case No. CA 385, Water Division No. 5. (e) Nottingham & Puder Ditch 1st Enlargements, priority no. 377, in the amounts of 1.0 and 2.21 of the 4.42 cfs, decreed on October 3, 1936, in Case No. CA 963, Water Division No. 5. (fl Nottingham & Puder Ditch (CAC No. 1), priority no. 377, in the amounts of 1.28 and 1.0 cfs, decreed on October 3, 1936, in Case No. CA 963, Water Division No. 5. (g) Nottingham & Puder Ditch (CAC No. 2), priority no. 399, in the amount of 5.0 cfs, decreed on October 3, 1936, in Case No. CA 963, Water Division No. 5. (h) Nottingham & Puder Ditch (Grace Park), priority no. 530, in the amount of 0.5 cfs, decreed on July 23, 1958, in Case No. CA 1193, Water Division No. 5. (i) Nottingham & Puder Ditch Pump & Pipeline, priority no. 527, in the amount of 4.235 of the 13.58 cfs, decreed on July 23, 1958, in Case No. CA 1193, Water Division No. 5. 0) Hurd Ditch, priority no. 147, in the amount of 2.0 cfs, decreed on March 5, 1901, in Case No. CA 385, Water Division No. 5. (k) Johnson & Howard Ditch 1st Enlargement, priority no. 350, in the amount of 0.28 cfs, decreed on May 21, 1920, in Case No. CA 734, Water Division No. 5. (1) Johnson & Howard Ditch 2°d Enlargement, priority no. 424, in the amount of 5.93 cfs, decreed on October 3, 1936, in Case No. CA 963, Water Division No. 5. 1 (m) Johnson & Howard Ditch 3rd Enlargement, priority no. 535, in the amount of 2.8 cfs, decreed on July 23, 1958, in Case No. CA 1193, Water Division No. 5. 2. Avon Metropolitan Municipal Water System, in the amount of 5.0 cfs, decreed on December 31, 1977, in Case No. W-3666, Water Division No. 5. 3 Avon Metropolitan Municipal Water System Is' Enlargement, in the amount of 5.0 cfs, decreed on December 31, 1984, in Case No. 84CW225, Water Division No. 5. 4. Augmentation Plan decreed on August 14, 1980, in Case No. W-3664, Water Division No. 5, including 334.13 of the 488.0 (74.5%) consumptive acre-feet quantified therein associated with the water rights described in paragraphs I(a) through (m) above, and including the other rights and benefi Cs of the augmentation plan decreed therein, as amended in the augmentation plan decreed on September 7, 1988, in Case No. 84CW225, Water Division No. 5. 5. In addition to the 334.13 acre-feet described in paragraph 4, above, all of the 14.04 consumptive acre-feet decreed in Case No. 99CW172 for the replacement of the Eagle- Vail Metropolitan District's former share of evaporative loss from Benchmark (Nottingham) Lake as set forth in paragraphs 17(a) and 17(b) of that decree (10.35 acre-feet to replace irrigation season evaporative losses and 3.64 acre-feet stored in Benchmark (Nottingham) Lake to replace non-irrigation season evaporative losses). 2 EXHIBIT B Assignment of Agreements and Conveyances Town of Avon All right and obligations of the Town of Avon in the following agreements: A. That portion of the Eagle Park Reservoir Agreement dated October 23, 1996, among the Upper Eagle Regional Water Authority and its member districts, relating to Benchmark (Nottingham) Lake at paragraph 7, subject to Avon's ownership and right of use and control of Benchmark (Nottingham) Lake as provided therein and further provided that the 51.3 acre-feet of the 123 acre-feet stored in Eagle Park or Robinson Reservoir under Case No. __95_CW348 that are described in the_ Agreement dated October 24. 1966 (Item B, below between the Town of Avon and the Upper Eagle Regional Water Authority shall remain earmarked for use within the Town of Avon as specified in that Agreement. B. Agreement dated October 24, 1996, between the Town of Avon and the Upper Eagle Regional Water Authority, except the Town of Avon's rights to store and use 99.83 acre-feet c.u. in Benchmark (Nottingham) Lake as set forth in the decree in Case No. 99CW172, Paragraph 17(c), subject to the Water Supply Emergency provisions of paragraph 7 of the October 23, 1996 Agreement among Upper Eagle Regional Water Authority and its member districts (Item A, above). 1 MEMORANDUM To: Glenn Porzak, Esq., Attorney for Upper Eagle Regional Water Authority CC: Town of Avon: Norman Wood, Les Botham, John Dunn, Esq.. From: Gary Greer, Esq. Date: January 2, 2004 Re: -vise ?r-a -o pro op se en e an es a e "Water-Lease - As you recall, on Thursday, December 11, 2003, you sent us a revised draft of the proposed Amended and Restated Water Lease (the Amendment) between the Town and the Upper Eagle Regional Water Authority with a demand that the Town agree to it before the UERWA board meeting that was to be held the following Tuesday. We declined on the basis that Les Botham was out of Town and would not have had a chance to review the proposal before the board meeting. The draft calls for the lease and assignment of all the Town's water rights without regard to the amounts of water that the Town has carefully segregated and preserved to itself in its various dealings with the Authority since 1985. These amounts that are reserved for the Town's use consist principally of (a) 51.3 AF of a total of 123 AF of the Town's water that is stored in Eagle Park Reservoir under the Eagle Park Agreement of October 23, 1996 and under the decree in Case No. 95CW348 and (b) 99.83 acre-feet stored in Benchmark Lake under Case No. 99CW172. The 99.83 acre-feet is the amount left over from the total of 113.87 acre-feet that are authorized to be stored there, after a deduction therefrom of 14.04 acre-feet for replacement of the portion of evaporative loss from the lake that was historically the obligation of Eagle-Vail Metropolitan District. That 14.04 acre-feet is a legitimate claim of the Authority if the Authority is to be responsible for the replacement of all the evaporative loss from the lake with the water being leased to it. Were the Town t o adopt the Amendment as p roposed i n your December 1 1 1 etter, i is reserved rights in water under (a) the Eagle Park Agreement, (b) the October 24, 1996 agreement and (c) the decree in Case No. 99CW172 would simply be swept away by the terms of the lease. I do not believe this has ever been the intent of either the Authority or the Town. I have therefore revised the proposed Amendment so as to grant the Authority all the Town's water rights under the lease except these reserved amounts. Glenn Porzak January 2, 2004 Page 2 The changes have been incorporated in the attached documents. The first is the text of the Amended and Restated Lease, itself, and it is quite short. The second is a revision of Exhibits A and B that were proposed by the Authority. The following are the changes in the draft Amendment. Changes to the amended and restated lease, itself. I inserted May 31, 2001 as the effective date instead of January 1, 1998, as proposed. The reason for this change is that the date of the decree in Case No. 99CW172, which is Avon's storage right, is May 31, 2001. Since the lease includes a portion of the storage right, it seemed logical to postpone the proposed effective date until the date the right was confirmed by the Water Court. 2. I added a new paragraph to clarify that since the Authority is receiving all the water decreed for replacing evaporative loss from Benchmark Lake, it is responsible for making that replacement with the rights granted to it for that purpose. 3. I added to paragraph 3 a provision that says if the Authority wants to have any change of rights adjudicated to implement the Amended and Restated Lease, that shall be the Authority's sole responsibility. I believe this is consistent with the original lease. Changes to Exhibit A. 1. First, I inserted 74.5% as the portion of the listed water rights to be leased and then I deleted Case No. 99CW 172 from the string of decrees covered by the 74.5% lease. 74.5% represents 334.13 acre-feet of the total of 448 acre-feet decreed in the augmentation plan, 84CW225. Case No. 99CW172 is excluded from the list because it is dealt with separately under my proposed revision in revised paragraph 5 of the Exhibit. 2. I deleted former paragraphs 2 and 3, the "H. A. Nottingham and Sons, Inc. Water Treatment and Storage Project" and the "Nottingham Pipeline" as rights not needed for municipal water service. 3. I rewrote and combined paragraphs 6 and 7 of the proposed Exhibit A into a new paragraph 4 by inserting 334.13 acre-feet instead of the proposed 349 acre-feet and by inserting 448 acre-feet instead of 488 acre-feet to correct what appears to be a clerical error in the Authority's proposed Amendment. 4. I added a new paragraph 5 to include all (not 74.5%) of the 14.04 acre-feet dedicated in Case No. 99CW172 to replacement of evaporative loss that was formerly the obligation of Eagle-Vail Metro District. C:ADocuments and Settings\nwood\Local Settings\Temporary Internet Files\OLK2\Porzak Mem.doc Glenn Porzak January 2, 2004 Page 3 Changes to Exhibit B. 1. rewrote Item A to preserve Avon's right of ownership, use and control of Benchmark Lake that was established in the Eagle Park Agreement and the Agreement of October 24, 1996 and to preserve for Avon's use, as stated in that Agreement, of the 51.3 acre- feet of the 123 acre-foot total that was transferred by the Authority to Eagle Park Reservoir in Case No. 95CW348. 2. I rewrote Exhibit B to clarify that Avon retains the right to store the 99.83 acre- feet that remain in Benchmark lake after leasing to the Authority the 14.04 acre-feet needed to replace Eagle-Vail's share of evaporative loss. See second paragraph of this memo, above. When you have had a chance to review the changes, please let me know. I assume that if they are correct, you will want the Avon Town Council to act on them prior to the next UERWA board meeting, which I believe is January 22. Norm Wood told me that he intends to put the matter on the agenda for the Town Council's January 13th meeting. CADocuments and Settings\nwood\Local SettingsUemporary Internet Files\OLKZ\Porzak Mem.dcc MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD DECEMBER 9, 2003 A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Buz Reynolds called the meeting to order at 5:30 PM. A roll call was taken with Councilors Mike Brown, Debbie Buckley, Peter Buckle Mac McDevitt, Brian Sipes was absent. Also present were Town Manager Larry Brooksand Ron Wolfe present. , Town Attorney John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Town Engineer Norm Wood, Finance Director Scott Wright, Community Development Director Ruth Borne, Police Chief Jeff Layman, as well as members of the press and public. Citizen Input Fraidy Aber, special events coordinator, presented an update to the Holiday in the Park Festivities. Steve Grow, developer of the carwash project at located 710 Nottingham Road, was present to revisit the Council's denial of his request for an easement for the project located on Lot 30, Block 1, Benchmark at Beaver Creek Subdivision. Architect John Perkins presented some exhibits to explain the project. Both Perkins & Grow reviewed a number of items in detail pertaining to the project, especially the reasons why the applicant needs the easement. The developer then asked Council to reconsider their decision made on 11/11/03. After some further discussion between staff, the applicant and Council, a motion was made. Councilor Brown moved to ask that Council reconsider the decision made on 11/11/03 to deny the permanent easement for the project. Mayor Pro Tern McDevitt seconded the motion. With a roll call vote the motion to reconsider the decision failed with a 2 to 3 vote (Brown, McDevitt - yea; D. Buckley, P. Buckley, Wolfe - nay; Sipes absent). Resolutions Unfinished Business Town Attorney John Dunn presented Resolution No. 03-55, Series of 2003, A Resolution Ordering a Special Assessment against Tract J, Benchmark at Beaver Creek. He noted that the purpose of the Resolution is to certify to the County Treasurer for collection the cost of demolition of the Tract J Bridge (located between Hwy 6 & Sunridge Phase I Condo Units. At this time Dunn also presented a letter submitted by Terry Quinn, attorney for owner. The letter read that the owner of the property, Mark Simmons, wishes to donate the property to the Town of Avon and proceeds to ask the Council to delay any decision be made that evening. Dunn recommended that Council accept the offer for various reasons that were outlined. It was noted that a public hearing was only required if written protests or objections were received; none had been received. Councilor D. Buckley moved to table Resolution No. 03-55 until the next meeting, January 13, 2004. Councilor Brown seconded the motion and it passed unanimously by those present (Sipes absent). Consent Agenda Mayor Reynolds asked for a motion. Councilor D. Buckley moved to approve the consent agenda. There was some further discussion about police related items. The motion was seconded and passed unanimously by those members present (Sipes absent). a. Approval of the November 25, 2003 Regular Council Meeting Minutes b. Resolution No. 03-52, Series of 2003, Resolution approving a contract between State of Colorado Department of Transportation and Town of Avon setting forth conditions of use of funds provided through a Law Enforcement Assistance Fund Grant (Jeff Layman) Resolution No. 03-53, Series of 2003, Village at Avon, Filing 1, Subdivision Improvements Agreement, First Amendment to Escrow Agreement (Norm Wood) Resolution No. 03-54, Series of 2003, Resolution Canceling Next Regular Council Meeting (Patty McKenny) Service Agreement with Eagle River Water & Sanitation District (Jacquie Halburnt) c. Service Agreement with Eagle County Ambulance District (Jacquie Halburnt) d. Service Agreement with Eagle River Fire Protection District (Jacquie Halburnt) There being no further business to come before the Council, the meeting adjourned at 6:15 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Ron Wolfe Regular Council Meeting December 9, 2003 Page 2 of 2 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Town Clerk Date: January 8, 2004 Re: Resolution No. 04-02, Series of 2004 Summary: Resolution No. 04-02, Series 2004 is presented to Council for their approval of the four locations used for posting the notices of public meetings. Previous Council Action: The Town Council adopts this type of resolution on an annual basis as required by Colorado Revised Statutes. Background: The four locations are as follows: ? Avon Municipal Complex, 400 Benchmark Road, Bulletin Board ? Avon Recreation Center, 325 Benchmark Road, Bulletin Board ? Alpine Bank, 10 W. Beaver Creek Boulevard, Bulletin Board ? City Market, 260 Beaver Creek Place, Front Lobby Bulletin Board Discussion: Colorado Revised Statutes, Subsection 24-6-402 addresses the specific guidelines involved with the open meetings law and posting notices. Notices must be posted at least 24 hours prior to each meeting. In addition to the posting, the regular council meeting agendas are published in the Vail Daily on the Monday before the Tuesday meeting. Alternatives: Council could choose other locations for posting purposes. Proposed Motion: "I move to approve Resolution No. 04-02, Series of 2004, A Resolution approving the locations for posting the notices of public meetings. Town Manager Comments: TOWN OF AVON, COLORADO RESOLUTION NO. 04-02 SERIES OF 2004 A RESOLUTION APPROVING THE LOCATIONS FOR POSTING THE NOTICES OF PUBLIC MEETINGS Whereas, Local Public Bodies, including the Avon Town Council, are required by Subsection 24-6-402 (2)(c) C.R.S., to designate annually at the Town Council's first regular meeting of each calendar year, the place at which notice will be posted at least 24 hours prior to each meeting. NOW, THEREFORE BE IT RESOLVED BY THE AVON TOWN COUNCIL AS FOLLOWS: Notice of meetings of the Town Council required pursuant to Section 24-6-401, et seq., C.R.S. shall be posted within the boundaries of the Town at least 24 hours prior to each meeting at the following locations: Avon Municipal Complex, 400 Benchmark Road, Bulletin Board Avon Recreation Center, 325 Benchmark Road, Bulletin Board Alpine Bank, 10 W. Beaver Creek Boulevard, Bulletin Board City Market, 260 Beaver Creek Place, Front Lobby Bulletin Board ADOPTED THIS 13TH DAY OF JANUARY 2004. TOWN COUNCIL TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor Attest: Patty McKenny, Town Clerk Memo To: Mayor & Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Town Clerk tt-1- Date: January 2, 2004 Re: Agreement with Colorado Code Publishing Company Summary: The attached agreement outlines the services with Colorado Code Publishing Company to provide a republication of the Avon Municipal Code Book. Background: The Town Council was presented with information about republishing its Code Book at an work session in November. There was consensus to proceed with this endeavor. Discussion: Some of the services that will be provided by Colorado Code Publishing Company included the following and are outlined in the attached agreement. ? Review of the contents for consistency, any errors, omissions or inconsistencies will be noted & corrected. ? Convert Code to a two-column format, reducing the current size of the book. ? Headings at top of each page, indicating title names & a section number on each page. ? Complete table of contents for each title will be prepared and amended as necessary. ? An index will be prepared with contents reviewed for accuracy and ease of use. The ordinance disposition table will be updated & a table of up-to-date pages will be created. ? Future supplementation will be provided, as set forth in the publishing agreement. ? Provide for 40 new codebooks, in new embossed binders and with divider tabs. ? Capability to host Code on the internet on Colorado Code's website - this warrants additional costs & services outlined in the publishing agreement & would be a budgeted item from Town Clerk's budget. Financial Implications: The cost for republishing services is $4,800, an amount that shall be invoiced at 3 different times during the republication. Upon completion of these services, the Company shall provide for 40 complete sets of the Code Book. Town Manager Comments: Attachment: ? Publishing Agreemenrfd?kunicipal Code Republication PUBLISHING AGREEMENT FOR MUNICIPAL CODE REPUBLICATION THIS AGREEMENT is made and entered into this 5th day of December, 2003, by and between COLORADO CODE PUBLISHING COMPANY, a Colorado corporation, hereinafter referred to as the "Publisher," and the TOWN OF AVON, COLORADO, a Colorado municipal corporation, hereinafter referred to as the "Town." (a) Republication. The Publisher agrees to undertake on behalf of the Town the republishing services which are described below, at the price established herein: (1) The Publisher shall convert the existing Charter, Municipal Code and general legislative ordinances into a published municipal code (the "Code") and computer-based word processing system, which will be fully accessible in Microsoft Word software. (2) The Code will be reviewed for consistency and minor grammatical corrections. No substantial changes shall be made to the content of the Code. A list of proposed minor corrections, additions and deletions will be compiled by the Publisher for review by the Town. (3) Ordinances adopted since the last update by the Town will be incorporated into the Code at the time of republication. No charge shall be made for the first 25 code pages affected by the adopted ordinances. (Tables of contents, reference tables and index pages will be excluded from the counted "free" pages but will be included in the republication at no additional cost.) Additional supplemented pages after the first 25 pages shall be charged at the rate established in Paragraph (e)(5) below. (4) The Code will be printed in a modern two-column format, containing the original tables, graphs and charts. In addition, the completed Code will contain a Table of Contents for each title and a complete Index for the Code. Divider tabs for each title shall be provided. The Code will be assembled in a royal blue two-inch swing-hinge binder with divider tabs, acetate first sheet and last sheet protector, with the Town's name embossed in gold letters on the binder. The hardware and binder are unique and offer the most suitable application for municipal code work, providing easy access to the code contents without the damage to contents often associated with ring or post binders. (5) If adoption of the republished Code is deemed necessary by the Town Attorney, the Publisher shall prepare an ordinance which adopts the Code by reference, repealing any ordinances inconsistent therewith as well as providing for such other ordinances or amendments which are necessary for adoption and in conjunction with the final publication of the Code as desired by the Town. (6) All corrections, additions or any other matters which are suggested for inclusion in the Code, together with the final Code, shall be submitted to the Town Attorney for review. Any review of the work by the Town Attorney shall not relieve the Publisher of its obligations under this Agreement. (7) Upon completion of the Code in its final form, the Publisher shall prepare and deliver 40 complete sets of the Code. Each book shall be inserted into an embossed binder with divider tabs, as described above. It is estimated that the final Code will consist of 450 pages, including the tables of contents and index. (b) Cost of Republication. (1) The total cost for the project described in Section (a) above is $4,800.00. One- third (%) of the payment shall be invoiced upon execution of this Agreement, one-third ('/3) upon the delivery of the draft of the Code, and the balance upon completion of the contract and delivery of the final Code. Additional sets of the code book will be furnished at a price of $45.00 each when delivered with the code books described above. (2) The cost of the updated code in electronic format, for each occasion when such service is requested, is $25.00 for a floppy disk and $70.00 for a CD. Additional copies of the Code on floppy disk or CD are available at a reduced rate. There is no cost for the first floppy disk or CD upon completion of the republication as described in Section (a) above. (c) Timetable. The procedure and timetable for completion of the work are as follows: (1) After the contract is awarded, the Publisher will enter the existing code and ordinances into a computer-based word processing system for organizing and indexing. A draft will be printed and delivered to the Town within 3 months from receipt of the work, for the Town to review. (2) Within 2 months after editing by the Town and return of the work to the Publisher, additions and corrections will then be made, and the code will be printed, assembled, placed in binders and delivered to the Town. (3) It is anticipated that the total time for the Publisher's preparation of the final work will not exceed 5 months. (d) Supplementation Services. The Publisher agrees to maintain the Municipal Code by the publication of looseleaf supplements as follows: (1) Publishing service. The Publisher agrees to provide a code supplementation service which provides amendments to the existing municipal code. Such amendments shall include revisions to the Code since the date of the last supplementation, including changes in text, tables of contents, index and legislative history. Page formats will match the Code style. (2) Editorial analysis. The Publisher will analyze the changes that are included in the adopted ordinances to determine their effect on the existing Code. All affected pages, including tables of contents and index pages, will be replaced as part of the supplement. The ordinance disposition table and table of up-to-date pages will be updated with each supplementation. -2- (3) Schedule for publication. The Publisher agrees that, upon receipt of the ordinances from the Town, it will undertake and complete the work of supplementation within 30 days thereafter and mail the completed work to the Town. (4) User assistance. Each supplement will contain an information sheet to assist the individual user in posting the supplement. Instructions will be provided for removal of deleted pages and insertion of new pages. (5) Cost of services. The cost for each supplemented page is $21.00 per set for each page. A page is considered to be the area on 1 side of a sheet of paper. The number of sets of each page will correspond with the number of codes provided to the Town under Section (a) above. (For instance, when a page is supplemented, the Town shall receive 40 sets of that page for a total cost of $21.00.) (6) Mailing. Upon completion of the work, the Publisher will mail the completed supplements to the Town for distribution. (e) Internet Code Service. The Publisher agrees to provide Internet service for the Municipal Code as described below, at the price established herein: (1) Conversion. The Publisher shall convert the Municipal Code to a pdf format at the initial cost of $.75 per page when accomplished with the republication process described in Section (a) above. (2) Monthly maintenance. The Publisher shall host the Municipal Code as last supplemented at its Website at a monthly cost of approximately $33.00, payable in quarterly installments of approximately $99.00. The actual monthly cost is dependent upon the number of pages contained in the Code book and will be determined after republication of the Code. (3) Supplementation update. The Publisher shall update the Municipal Code on the web site in pdf format after supplements are made to the Code, at the rate of $1.00 per supplemented page. (4) Payment. The Publisher shall invoice the Town for the services performed for initial Internet conversion and supplementation, and in advance for the quarterly Internet maintenance. Within 30 days of receipt of the invoice, the Town shall pay the amount owing to the Publisher. (5) Internet timetable. Conversion of the Code will be accomplished within 30 days after adoption of the final Code, and online updates will be accomplished within 15 days of completion of the supplementation. (g) Payment for Services. Upon completion of any of the work described herein, the Publisher will invoice the Town for the work performed. Costs of shipping and handling shall be paid by the Town. The Town will promptly pay the amount due on the invoice within 30 days after receipt of the Publisher's invoice. -3- (h) Term of Agreement. The term of this Agreement shall be in effect for a period of 1 year and shall be automatically renewed thereafter for succeeding one-year terms until 5 years hereafter unless sooner terminated. The Town may terminate the Agreement upon 30 days' written notice. The Publisher may terminate the Agreement after 1 year upon 30 days' written notice. The parties may at any time modify the terms of this Agreement in writing. ATTEST: Sherry A. McWethy, Secretary (SEAL) ATTEST: Town Clerk (SEAL) APPROVED AS To FORM: Town Attorney COLORADO CODE PUBLISHING COMPANY By John H. Huisjen, President TOWN OF AVON, COLORADO By Mayor -4- Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: ?Fraidy Aber, Meryl Jacobs VI-01 Date: 1-07-03 Re: TV 8 Advertising Contract Summary: The Avon Recreation Center has advertised with TV8/TV 17 in the past. We would like to sign a new contract that combines commercial space on Good Morning Vail, live interviews, and Special Events sponsorship. The contract would be for $2000 cash and $2000 trade. Avon Rec will receive 2 commercials/week on Good morning Vail and 12 interviews/year. TV8/TV 17 would receive $2000 in sponsorship value at Avon special Events of their choice. Background: The recreation center has traditionally advertised with TV8/TV 17 with contracts for over $4000. We did not include a sponsorship trade in earlier contracts and our commercials were not featured on the premium show of Good Morning Vail, although they were featured 3/day on other shows. Discussion: This contract will allow the rec center to reach the larger Good Morning Vail audience at less of an expense. Financial Implications: This advertising will cost $2000 for 2004. Town Manger Comments: Attachments: Contract TV8/TV17 ADVERTISING CONTRACT - Cash & Trade Advertiser Avon Rec Center Mailing Box 975 Address: Avon CO 81620 Contact Fraidy Aber Phone Number 748-4032 Fax Number 949-93138 Cell Number Email faberPavon.orR Date 1-7-04 Advertiser # Contract # Agency/Copy # AIRTIME: SUN MON TUES WED THURS FRI SAT WEEKLY TOTAL GOOD 2 x :30 second commercial per week 2x:30 MORNING VAIL 7-10 AM OTHER 12 live interviews to be used during the year as needed by Avon Rec Center Above schedule to run 1-15-04 through 12-31-04 , a total of 50 Weeks. NET cost of advertising $ 4000 $ 2000 CASH $ 2000 TRADE Standard Broadcast Month billing cycle, $ 2000 in FEBRUARY Production of above spot(s) is NOT included unless noted. (TM) Registered Trademark of Vail Productions Inc. CLIENT FOR TV8/TV 17 TITLE Lindy Phannenstiel DATE TITLE General Sales Manager The advertiser and TV8/TV17 agree that the announcements and programs specified above will be broadcast on the TV8/TV17 system as specified. These conditions and the CURRENT TV8/TV17 Rate Cards are part of this agreement and are hereby incorporated. Advertiser understands and agrees that payment is due and pavable within 30 days of receipt of invoice A charge of 1.5% per month will be added to all overdue balances. All contracts are subject to the approval of the General Sales Manager. When signed by Advertiser and TV8/TV17, this Agreement shall become binding upon the prospective parties, and constitute the entire and only agreement between TV81TV17 and Advertiser. FOR EARLY CANCELLATION OF ANNUAL PRICED CONTRACTS TV81TV17 MAINTAINS THE RIGHT TO BACK CHARGE WINTER RATES OR PRODUCTION FEES. IN ADDITION, DELINQUENT ACCOUNTS ARE ALSO SUBJECT TO CANCELLATION OF AIRTIME, REFERRAL TO A COLLECTION AGENCY, AND BACKCHARGE OF ANNUAL RATES/PRODUCTION FEES, PLUS COLLECTION AGENCY/LITIGATION FEES.