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TC Council Packet 02-26-2004STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ? NOTICE IS HEREBY GIVEN THAT MEMBERS OF THE AVON TOWN COUNCIL WILL MEET WITH MEMBERS OF THE BEAVER CREEK RESORT COMPANY BOARD ON THURSDAY FEBRUARY 26, 2004 FOR DINNER BEGINNING AT 6:30 PM AT THE BEAVER CREEK CHOPHOUSE LOCATED INSDIE THE BEAVER CREEK LODGE, 26 AVONDALE LANE, BEAVER CREEK, COLORADO. TOWN OF AVON, COLORADO BY: Patty McKenny Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY 20, 2004 ? AVON MUNICIPAL BUILDING, MAIN LOBBY ? ALPINE BANK, MAIN LOBBY ? AVON RECREATION CENTER, MAIN LOBBY ? CITY MARKET, MAIN LOBBY Special Meeting. bcre. 04.02.26 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON 1 nv i ict is HLKt:t3Y GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD FEBRUARY 24, 2004, AT 1:45 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: 1:45 PM - 2:30 PM 1) Executive Session - (Conferring with Town Attorney) - The topic meets the requirements of C.R.S. 24-6-402-4 (e) - Conferences with an attorney for the local public body for the purposes of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. The Town Attorney and Malcolm Murray will report on the discussions with Traer Creek's attorney regarding the computation of the cost of municipal services. 2:30 PM - 3:00 PM 2) Executive Session - (Conferring with Town Attorney & Town Manager) - The topic meets the requirements of C.R.S. 24-6-402-4 (t) - Conferences with an attorney for the local public body for the purposes of a personnel discussion. 3:00 PM - 3:30 PM 3) Council Committee Updates - Council members are assigned to several committees and update their progress. Eagle County Open Space Committee Update (Councilor Wolfe) 3:30 PM - 4:00 PM 4) 2003 Town Financial Report (Scott Wright) - The Town Finance Director will provide Council various statistics on 2003 sales tax and accommodations tax revenues, real estate tax revenues, building revenues, and an inventory of securities held in the Town's investment portfolio at December 31, 2003 4:00 PM - 4:30 PM 5) Street & Road Improvements Update (Norm Wood) - Town Engineer will present updates to improvements on Nottingham Road & Swift Gulch Road Alignment 4:30 PM - 5:15 PM 6) Town Comprehensive Plan Update Kickoff Meeting (iambi Katieb, RNL Design) - This is a public work session meeting with the Planning Commission to review the scope of the Comprehensive Plan process, project goals, and timelines with the consultant team. 5:15 PM - 5:25 PM 7) 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 FEBRUARY 20, 2004: ? Avon Municipal Building, Main Lobby ? Alpine Bank, Main Lobby ? Avon Recreation Center, Main Lobby ? City Market, Main Lobby Avon Council Meeting. 04.02.24 FINANCIAL MATTERS February 24, 2004 1. YTD Building Revenue Report Actual vs Budget - January 2004 2. Detail-Real Estate Transfer Taxes - January 2004 ?a rOOn ID ?orH { Q J rO Olo O(D NM X M H w WQ C7 ?w Ln OOu-) 0000 in un a ro 0r Or Or cr cr v' O O ?r O O? O 61 ? E" d, l0 O O l0 O .--I to N N ' M In in M W M to r .-i '? ,H ? P9U ?rr? ? M M r n Ln m iLn N N M O N W unOOin (D 000 Lo ur) NOON oMOM Ln Lo ' ` M M un rn cr r O w to l0 r - M T O H ED O O W °' W W O N 11] 0000 0000 O CD W 0 0 0 0 O O O O O CD O r? Q H O Pi H N w W N a t> ? w - rx E+ - a M O CD a N W N z z Ln 0? - u) n o00o un NO Ln >c ON OMOM Lc) W Ln W ElE+ H Ln n O O O u? W M OH N M ?nM r r U lD r U] N M ?T O p 3 W N IY, 'H .--I N N Ea 2 W G ? .i W 41 O U U H OOO Cd 0000 O CD N O O O O 0 0 0 0 O C) Q 0000 O O O O 0 D O O p tT O O O O O O O 0.l Oin Ln (D w,oN N N Nrrr OIM L')C in N 6l u-) m 1-4 in u7 Lo N ''? N N G' aS O ? '? I w w 44 U) U) `"'' F H H U I r?cn F i W HE co> H 41 a ? W W W3 ? w `` O W W Q i ?7 W W W W v' H aa,an xo> a U Hw a z Ey U U w nao 44 :z ?4 H w O cz I H H m U>",Z 2 Q H G H FC oa W HC?u? p 2 ZC?HW G U a?wa A' aaww a U I U` z W z c? H v z ?i ° O a o w W z E, H 2 i o .-I M CD a CD N M a r-a O N U a Z oon,; CD 00 U N < 'U W NNH NNNE E+ U NNNO 0 0 E, r? v] Ga < Ln Ln Ln E-+ ul Lo un El E~ O E+ Town of Avon Real Estate Transfer Tax Calendar Year 2004 Purchaser Name Balance Forward Timeshare Transfer Roussel, Richard & Jenny Weerasuriya, Ranwan Gerbel, Reiner & Maria List, Patricia S. & Paul E. De La Parra, David John, & Cathleen Nolan, Terry & Nottingham, Kimberly Fleming, Kathleen & Revocable Trust Property Amount Received Christie Lodge 9.86 Bristol Pines #1 1,260.00 Lodge @ Brookside #104 1,700.00 Canyon Run # 201 H 6,300.00 Chapel Square # B-203 3,790.00 Stonebriar Townhomes # 3 6,484.20 Lot 64 Blk 3 Wildridge 10,380.00 Lot 69 Blk 4 Wildridge 4,000.00 Total January Revenue 33,924.06 Total YTD Revenue 33,924.06 Total 2004 Budget 1,350,000.00 Variance, Favorable (Unfavorable) $ (1,316,075.94) T Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Director-? Date: February 19, 2004 Re: Financial Presentation Summary: On Tuesday I will present to Council the final results of the Town's 2003 sales tax, accommodation tax, real estate transfer tax and building revenues. I will review the new GEO Code sales and accommodation tax reports and a description of the various geographic areas and explain the spreadsheets and charts I have included with this memo. I will also have an estimate of the 2003 fund balance that will be carried forward and what our target fund balance is. Town Manager Comments: L Attachments: A - Various Charts and Graphs on Revenues B - Securities held at December 31, 2003 in the Town's Investment Portfolio Page 1 v Commercial Construction Residential Construction Building Square No. of Construction Year Footage Value Units Value Value 1994 188,818 $ 13,297,000 91 $ 28,388,093 $ 41,685,093 1995 34,094 12,131,025 49 23,026,171 35,157,196 1996 252,640 7,760,603 77 19,589,836 27,350,439 1997 160,150 13,730,280 89 20,255,146 33,985,426 1998 29,594 5,862,230 97 25,806,307 31,668,537 1999 3,755 6,096,164 64 20,210,602 26,698,802 2000 156,027 16,700,998 47 30,823,673 47,524,671 2001 3,480 157,156 21 15,883,271 16,040,427 2002 401,304 38,830,606 289 20,490,119 59,320,725 2003 97,959 3,615,219 20 7,796,720 11,411,939 New Commercial and Residential Construction $60,000,000 $50,000,000 $40,000,000 - - -- -- ---- $30,000,000 $20,000,000 - i $10,000,000 i r, 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Year ¦ Commercial Construction ¦ Residential Construction C O L O R A D a ti O ti ti to cn Cn ,". y c n c ,n np H O 3 0??? 3NNN N N O r ) 3NNN C7 r. C) o CD >000 0 r r rwr)-- ra, wH C y t 7 [?7 ro z I O t? n r ',i7 x H I H Omro n tij r mC: mm L, C: I G)CnW zncH ny MHOZ m 2: r O ro Hx Hzz O?o coM CI G) 0 ? H x1 C=7H C? ? H z?,N Or ITl 13 (o H LTJm r < mm HI I H'Tl G ca H q3 nN" HHCq (n W W 5N " ml tJ ? I (n G W N H F- Or HNW OI CnH W O OJ QIaOH HHID H 'A Cn,,o O M ?D N Ln H bJ Cn Cn CnNON CD HCnN N H OCn O C. HIo J?, CO O O O 0000 0000 [Tf O O O O O O 0 0 0 0 H F- F-I F-' O O O O jJ t co co co m n co co co m ?y O O O O H H H H O H O O O O O H CO W OD C) OD0 0000 (n Ci] o 10 tl CJ H `,t1 C H ?0 O O O 0000 0000 [+7 O O 0000 0000 Co ?K < C's7 ?G .A W N H F? lD lD Cn W H tD W H H F-` LT7 0 0 oX?. wco DPNH z C co co ?D w o Cn Co to CD lO =1 O t 1? F-'CD (n ? W Io ?o Cn 'p X, HCnco co NHOO Cj CO co CC) CD O CO lD J W ?o H O O Ln OO Cn (nHOa?. [T7 I N I N I I W I H W H I I F-1 N N .P l0 N' 61 H W W CD W W WD lD J?H H lD l0 Q? co OJ ? N Ol J W J r w w F-'ONW co r) J ' cc 07 O]OO. OJ W O O Ln OOLn (-n CD a? [?7 H H HH N HF? O O 1-1 W 'D Cn Co w w CO ?' ? OJ?CD NWCn (n K ' w -3 J J co C" H61 lOW C, O 00 tT W H N N W co J C7\ Gross Real EstateTransfer Tax Revenues (by Location) $3,000,000.00 $2,500,000.00 $2,000,000.00 $1,500,000.00 $1,000,000.00 $500,000.00 Year ¦ Benchmark @ B/C ¦ Wildridge ? Mountain Star ? Eaglebend ¦ Nottingham Station ¦ Brookside ¦ Lakeside ¦ Sheraton Mountain Vista 0 Chapel Square Benchmark @ B/C Wildridge Mountain Star Eaglebend Nottingham Station Brookside Lakeside Sheraton Mountain Vista Chapel Square Total 2003 2002 2001 2000 1999 $ 681,489.28 $ 482,840.38 $ 579,269.59 $ 608,985.02 $ 451,306.91 665,952.26 530,444.23 435,818.00 603,873.19 690,498.26 417,081.76 354,900.00 97,630.00 382,100.00 329,258.00 20,920.00 80,147.00 53,090.00 35,933.00 86,079.00 134,729.60 84,682.00 131,524.30 74,303.25 272,698.00 47,930.00 33,850.00 63,419.90 104,284.74 84,449.34 25,575.20 20,040.42 4,650.10 89,828.42 389,674.79 553,613.84 344,761.42 834,005.82 - - 23,560.00 29,680.00 29,134.00 117,303.08 163,808.18 $ 2,570,851.94 $ 1,961,345.45 $ 2,228,541.71 $ 2,016,610.70 $ 2,467,772.48 V 2003 2002 2001 2000 1999 I Gross Real Estate Transfer Tax Revenues (by Source) $3,000,000.00 $2,500,000.00 $2,000,000.00 $1,500,000.00 $1,000,000.00 $500,000.00 Year ¦ Single Family ¦ Multi-Family ? Residential Vacant Land RETT Exemptions ¦ Commercial Buildings ¦ Commercial Vacant Land ¦ Timeshare 2003 2002 2001 2000 1999 Single Family $ 421,181.76 $ 535,222.00 $ 135,518.00 $ 100,848.19 $ 362,188.00 Multi-Family 1,049,396.25 696,547.56 654,169.88 739,301.17 744,501.73 Residential Vacant Land 15,440.00 - 157,990.00 638,238.08 369,905.18 RETT Exemptions 346,400.00 246,400.00 169,600.00 256,000.00 214,400.00 Commercial Buildings 129,718.12 78,750.00 230,482.82 54,328.50 224,569.80 Commercial Vacant Land 2,650.00 2,000.00 - 11,360.00 - Timeshare 606,065.81 402,425.89 880,781.01 216,534.76 552,207.77 Total $ 2,570,851.94 $ 1,961,345.45 $ 2,228,541.71 $ 2,016,610.70 $ 2,467,772.48 Net After Exemptions $ 2,224,451.94 $ 1,714,945.45 $ 2,058,941.71 $ 1,760,610.70 $ 2,253,372.48 2003 2002 2001 2000 1999 Town of Avon Real Estate Transfer Tax Calendar Year 2003 Purchaser Name November Balance Forward Property Amount Received Timeshare Title Company Rockies Timeshare Chicago Title Colo Title Company Rockies Title Company Rockies Title Company Rockies Title Company Rockies Title Company Rockies Title Company Rockies Title Company Rockies Title Company Rockies Guseman, Charles & Ripepi, Michaelangelo Bove, Albert & Rossi, Richard Birnbach, Mark & Carolyn Nixon, Tiana Kohn, Michele & Zoller, Steven McCafferty, Marlene Goller, Amy Montag, William Revocable Living Trust Patricia Blasiola Morishige, Dick & Charlene Coyne, John & Laura Skalski Randal Revocable Trust Senn, Karl R. Wolfe, Karen Boxer, Francene & Michael Cook, Brady Jacques, Patrick & Ziegler, Steven Gibson, Patti, & Donna RG Shaw LLC Illinois LLC Bradley, Catherine Ivy, Matt & Jane Swenson, Larry & Linda Saddleridge Investments LLC Georgia LLC Title Comp Rockies Timeshare Transfer Title Comp Rockies Title Comp Rockies Title Comp Rockies Title Comp Rockies Title Comp Rockies Title Comp Rockies Title Comp Rockies Title Comp Rockies Title Comp Rockies $ 1,996,238.89 Christie Lodge 2.00 Christie Lodge 180.00 Christie Lodge 13.86 Christie Lodge 20.00 Lakeside Terrace 160.00 Mtn. Vista 4,408.80 Mtn. Vista 2,469.30 Mtn. Vista 5,878.60 Mtn. Vista 4,868.90 Mtn. Vista 11,557.20 Mtn. Vista 5,938.80 Mtn. Vista 291.00 The Seasons #303 4,600.00 The Seasons #304 3,900.00 Greenbrier Condo C-19 5,600.00 Barancas # L-36 398.00 Barancas # L-36 998.00 Barancas # N-40 798.00 Barancas # N-42 798.00 Barancas # 0-45 998.00 Season @ Avon # 608 5,750.00 Avon Lake Villas Z-1 5,260.00 Avon Crossing # 4206 4,520.00 Chapel Square BR-311 4,940.00 Chapel Square BR-328 5,100.00 Lodge @ Brookside # 204 1,700.00 Lodge @ Brookside # 101 5,400.00 Lot 4 Sage Hill Townhomes 7,560.00 Sage Villas Condo # B 6,500.00 Rockin' Horse Ridge II 5,000.00 Lot 40 Blk 4 Wildridge 4,860.00 Lot 4 A Blk 5 Wildridge 3,300.00 Lot 24 Blk 3 Wildridge 7,100.00 Lot 37E Blk 1 Wildridge 5,300.00 Lot 47B 2424 Saddle Ridge 15,400.00 .Christie Lodge $129.95 Christie Lodge $2.00 Christie Lodge $149.95 Christie Lodge $210.00 Christie Lodge $80.00 Christie Lodge $129.95 Christie Lodge $110.00 Falcon Point #209 $100.00 Lakeside Terrace $274.90 Lakeside Terrace $289.90 Lakeside Terrace $274.90 I Y Town of Avon Real Estate Transfer Tax Calendar Year 2003 Purchaser Name Property Amount Received Title Comp Rockies Title Comp Rockies Title Comp Rockies Title Comp Rockies Title Comp Rockies Title Comp Rockies Crane, David Kelley, Heather Jobanputra, Ketan & Christine Conoco Phillips Company Jacobs, Jeffrey & Denise Plavec, George Lakeside Terrace $929.70 Mtn. Vista $1,739.40 Mtn. Vista $5,408.50 Mtn. Vista $4,419.00 Mtn. Vista $6,138.30 Mtn. Vista $5,498.70 Barrancas G-20 $1,060.00 Barrancas G-20 398.00 Seasons #607 $7,133.32 Lot 1 Blk 1 Nottingham Road $32,968.12 Lot 22 A Blk 2 Wildridge $9,600.00 Lot 3 & 18, Blk 4, Wildridge $9,600.00 Total December Revenue $ 228,213.05 Total YTD Revenue 2,224,451.94 Total 2003 Budget 2,100,000.00 Variance, Favorable (Unfavorable) $ 124,451.94 Sales Tax by Geographic Area All Other Areas 4.57% West River District 1.90% East Hurd Lane 3.20% Village At Avon 1.533'0 Out-of-Town_ 8.21% Chapel Place/Wal-mart 28.01% w Metcalf Rd. 5.71% Town Center 8.33% City Market/51 B/C Place/Avon Plaza 29.28% Christy Lodge/Benchmark 9.25% GEO Sales Tax % of No. of % of Description Revenues Total Returns Total Code 1 00 Town Center $ 381,045.06 8.33% 21 3.76% . 01 1 Lot C 20,237.85 0.44% 1 0.18% . 1 03 Mall 42,473.26 0.93% 5 0.90% . 1.04 Chapel Place/Wal-mart 1,281,215.84 28.01% 20 3.58% 1.05 City Market/51 B/C Place/Avon Plaza 1,339,532.25 29.28% 16 2.87% 1.06 Christy Lodge/Benchmark 423,210.60 9.25% 22 3.94% 2 00 Metcalf Rd. 261,442.20 5.71% 27 4.84% . 01 3 Buck Creek 64,415.04 1.41% 7 1.25% . 4 00 West River District 86,836.12 1.90% 5 0.90% . 5 00 East Hurd Lane 146,480.91 3.20% 6 1.08% . 00 6 Confluence 3,357.91 0.07% 1 0.18% . 00 7 W. Beaver Creek Blvd 64,030.15 1.40% 9 1.61% . 00 8 West Residential 536.80 0.01% 1 0.18% . 9 00 Wildridge 929.10 0.02% 6 1.08% . 10.00 Village At Avon 70,111.12 1.53% 6 1.08% 11 00 Town-wide 13,303.26 0.29% 13 2.33% . 00 12 Out-of-Town 375,631.16 8.21% 392 70.25% . Totals $4,574,788.63 100.00% 558 100.00% T Comparison of Actual 2003 Sales Tax Collections to Prior Year December 2003 sales tax collections decreased 4.26% from sales tax collections for the month of December 2002. Year-to-date sales tax collections decreased 2.33%. Sales Tax Sales Tax °4. Increase (Decrease) December 2003 December 2002 Over Last Year $650,822 $679,812 (4.26°l°) Sales Tax YTD 2003 Sales Tax YTD 2002 `%o Increase (Decrease) Over Last Year $4,574,789 $4,684,095 2.33 Comparison of Actual 2003 Sales Tax Collections to Budget December 2003 sales tax collections exceeded budget by $46,463, or 7.69%. Year-to-date sales tax collections exceeded budget by $122,547 or 2.75%. Sales Tax Budgeted Sales Tax Variance Over December 2003 December 2003 (Under) Budget $650,822 e6nd lice -11 . ,_ Sales Tax Y'TD 2003 Budgeted Sales Tax YTD 2003 Variance Over (Under) Budget $4,574,789 $4,452,242 $122,547 QN QW -4, t-A 6n, &s Uoq C O O O V V O V op p p g g O O O O O O S 000 f f ?_ M !A't Q• C7 h? i CA - A f'D Q NN ? O + ?D ? N QN ? V W i I az?cn>C C Kg 9m y 3 3 3 w 2 $ z 69 69 A j (T W f? O C W 0 CO N A W A CO W J ( ? N W m CT ? 7 W p? p W O V C D O ? ? c 0 ( ? e W OOi N DD 4 N A M c p O NVN O fT co c ?Op m W co ! O - N m p S i N C D -? W 69 A 0 O W N 0 W co W N co A W w -+ N Q? N O?? T A (COii m COT p p?? (T N A J pp p A cOp O .O A O c nn tD O (? ( o C? A W Q? ? p J n C O Q W ? W O?,o CO CO J (A a CT N Oo T C Cn ? W W Co p co N A A m QQ ?? OD CD m OO CD 69 69 n C A ? O ? CT co co co A.91 w N co A W co n 0 p CT OJ CNO O al lT OO _m J v CD pO p OO O 0 04 O 8 J O m V W C D J a - - O D 0 Cp ( S S Cp O N COO w m t W w A pp 'COO y ( 0 0 c 69 ? A co 0) co w ca .9? -1? CA) co (?0 cn -9? 4k. O to C O CT i m A W J A W C O S N p g N OOi S CO J 1 CJt A 00 W Q ? A N J CT 0 ? A J O O y O N 1 W 0 O i CT C T W -+ 0 0 69 A Q ? J j W(?o i N CWii CND OND OAO A oN Oo C OD W CT Co CT CD CD N S 1 A D N p ?o CD CC pp CO N N ? A J ? A O N m 0 O N A O -4 N po 00 ?0 O 0 0 J m 1 C D 69 69 A 03 CT C O i N J ' V J W CD N S C. N A C T h i O O O A C 11 CD IV W (D CT m A - y (D O N " 00 J W N COO O CNO J Q ? J O CT W i Q m m O N J y O JJ CD J fT S 000 A CND Co 69 E9 A O co ?,o co co " W A W Q D v A C T O 1 0 4 CO A J cn W co N a i C D co m i W vv w 0 cn CW .4 W p ? C J O U W o 0 N O Cn co N W Oo A N i O 0W p ? N O W ( (?? A COT N W ? p? O A G7 ( T 69 ? y CC N W r r, J p O U N A W CNO -• O j n a p CT p Co V C,,) W (. O CA 8 _ OD PO -l 0 C CD A O J O Oo N N CT m Oo O CT O m W Of N CD fn O CT J W m J CD CD W J CT ?J O O A 0 W C.7 A N A CD O N -? CT CT O 0 A (T ?, e D o C' n c w N A tD W N -+ CT N N J N w -? N S w W N p tat tJ A W b 0 j W W CT N o Oo 0 A N O CD W W 0 O ` 0 J ? 0 J mo0 0 0 CT -" ? 0 0 O `0 0 0 0 11 O `0 0 c e 0 0 0 I n ?N y N 00 G 0. Z ? C 0 S; Z a V Accommodation Tax by Geographic Area Out-of-Town 12% W. Beaver Creek Blvd 19% Town Center 52% Mall 11% LotC 6% Accommodation GEO Tax % of No. of % of Code Description Revenues Total Returns Total 1.00 Town Center $ 149,116.17 51.35% 6 31 58% 1.01 Lot C 18,006.02 6.20% 1 . 5 26% 1.03 Mall 31,210.99 10.75% 1 . 5 26% 7.00 W. Beaver Creek Blvd 56,146.36 19.33% 5 . 26 32% 12.00 Out-of-Town 35,910.93 12.37% 6 . 31.58% Totals $ 290,390.47 100.00% 19 100.00% a C O L O R A D U Comparison of Actual 2003 Accommodations Tax Collections to Prior Year December 2003 accommodations tax collections increased 28.49% from accommodations tax collections for the month of December 2002. Year-to-date sales tax collections increased 7.50%. Accomtnodations Tax December 2003 Accommodations Tax December 2002 % Increase (Decrease) Over Last Year $41,757 $32,498 28.49% Accommodations Tax YTD 2003 Accommodations Tax YTD 2002 %, Increase (Decrease) Over Last Year $290,390 $270,131 7.50% Comparison of Actual 2003 Accommodations Tax Collections to Budget December 2003 accommodations tax collections exceeded budget by $6,267, or 17.66%. Year-to-date accommodations tax collections were under budget by $4,610 or 1.56%. Accommodations Tax December 2003 Budgeted Accommodations Tax December 2003 Variance Over (Under) Budget $41,757 $35,490 $6,267 Accommodations Tax YTD 2003 Budgeted Accommodations Tax YTD 2003 Variance Over (Under) Budget $290,390 $295,000 ($4,610 v 69 6q b9 69 b9 69 69 609 V t O U k O It O ( O (-A h g g g VQ g g g O O C) O O O O p O 00 I ? I P'r O N Q I N N f f'D N ? I I f I W I j I I I I I ? C- 0 0 D C- D T L 1 3 '. 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O OAO ? w N O 0W can ? O n 'O n c O P d N ?. `G GG w N " do w w < ?y w y ? O O b 0 ?o o' G N 7G OP VOC N 0. r?r^ V/ 0 W r? ? y Ir ? C V n 0 4 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Enginee Date: February 18, 2004 Re: Street & Road Improvements Update - Review Proposed Nottingham Road Improvements & Potential Swift Gulch Road Alignment Summary: Nottingham Road Improvements - The 2004 Capital Improvements Program includes finalization of design and acquisition of easements and rights-of-way for the reconstruction of Nottingham Road from I-70 to the easterly entrance to Sherwood Meadows. These Plans are essentially complete with only minor modifications anticipated such as those required to address the PetroHut construction. We would like to review these plans with council to confirm acceptance prior to proceeding with the finalization of the plans and definition of rights-of-way and easements for acquisition as required for construction. Swift Gulch Road Alignment - We have met with the Wildwood Resort/Cottonwood PUD (0110 Nottingham Road) owner's representative regarding the Nottingham Road and Swift Gulch Road Realignment Projects. He indicated the owner does not see the realignment of Swift Gulch Road as being a particular benefit to them but they are willing to discuss. We would also like to review this with Council and discuss the potential impacts of this on various projects. We may or may not have an Application for Preliminary Plan approval for the construction of Swift Gulch Road from Post Boulevard to Buffalo Ridge prior to the Council Meeting. In either case we believe it will be helpful to discuss some of the design constraints for this section of road prior to the actual review process. We believe we have enough general information for this discussion even if we have not received the Preliminary Plan Application at that time. 1 AEngineering\CIP'Nottingham Rd (RA I To Buck Creek)A1.0 Administration\I.I Correspondence`Council 2-18-04.Doc These are discussion items and formal action is not anticipated. Town Manager Comments: • Page 2 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Tambi Katieb - Community Development Dalle February 19th, 2004 AV -' ON C O L O R A D O Re: Town Comprehensive Plan - Public Work Session with Planning and Zoning Commission Summary There will be a joint work session with RNL and the Planning and Zoning Commission. This work session meeting will be open to the public. Items of discussion may include: ¦ Scope of Services/Project Approach ¦ Goals and Objectives ¦ Roles and responsibilities of the Steering Committee, Town Council, and the Planning Commission. ¦ Public Process ¦ Timelines Town Manager Comments: Joint Worksession, Comprehensive Plan Page 1 of 1 February 19e, 2004 MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: REQUIREMENT OF PUBLIC HEARINGS IN CONNECTION WITH PUD'S DATE: February 11, 2004 The purpose of this memorandum is to outline the requirements for public hearings in connection with the approval of planned unit developments ("PUD's") and amendments to PUD's and to suggest any necessary changes to the municipal code relating to public hearings. Section 17.20.110, Avon Municipal Code, provides that applications for approval of a PUD are first forwarded to the Planning and Zoning Commission. Section 17.12. 100 establishes the notice requirements for the hearing before the Commission, posting twelve days before the hearing and mailing to property owners within 300 feet of the property involved in the application. That section fails to set forth what the notice requirements are for a hearing before the town council. Section 17.20.110(C)(3) next provides that, after "formal hearing," the staff report and the Planning and Zoning Commission findings and recommendations are transmitted to the council and that the council "shall consider the special development district [sic] in accordance with Section 17.28.050." That section in turn provides that the recommendation "shall be scheduled for a public hearing before the town council in accordance with Section 17.12.100" no later than thirty days following commission action. But, as I have said above, that section says nothing about the notice requirements for hearings before the council. At best the code is ambiguous as to notice requirements, and at worst, by implication, the notice requirement for hearings before the council should be the same as for hearings before the planning and zoning commission. As you are aware, the Town's Charter provides for a public hearing on second reading of all ordinances. The notice requirement for that public hearing is different from the notice requirement contained in Section 17.12.100, being only a requirement that the ordinance be posted at least seven days before second reading. Notwithstanding that difference, it has been the practice in Avon (and, in my experience, in Vail, which has the same Charter and ordinance provisions for notice) to hold only the public hearing required for second reading of all ordinances. The question was raised at your last meeting whether it is an absolute requirement that there be a public hearing, even if the recommendation of the planning and zoning commission is to be rejected. Given the mandatory language of Section 17.28.050, that a public hearing "shall be scheduled," it is my opinion that the requirement is an absolute one. It is my recommendation that Section 17.12. 100 be amended to provide for a notice procedure in connection with hearings by the council on zoning amendments, including PUD's. Such an amendment will resolve the ambiguity of that section and will provide the council with greater flexibility upon consideration of the recommendation of the planning and zoning commission. In essence, the council will conduct a hearing on the recommendation of the commission, rather than a hearing on the ordinance. At that time, depending on all the circumstances, the council may or may not wish to adopt an ordinance on first reading. A public hearing will still be required on second reading of the ordinance, however, in the event the ordinance is adopted on first reading. The proposed ordinance, which accompanies this memorandum, also corrects the error contained in Section 17.20.110(C)(3). .1WD:ipse TOWN OF AVON, COLORADO ORDINANCE NO. 04-03 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO HEARINGS ON ZONING AMENDMENTS BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 17.12.100, Chapter 12 of Title 17, Avon Municipal Code, is amended by the addition of a new subsection C as follows: "C. The town council shall hold a public hearing on any recommendation of the planning and zoning commission, and notice of such public hearing shall be published at the expense of the applicant in a newspaper of general circulation within the town, or posted in at least three public places within the town, in addition to posting at the office of the town clerk, at least six days prior to the hearing date." Section 2. Amendment. Subsection C of Section 17.12.100, Chapter 12 of Title 17, Avon Municipal Code, is amended to be Subsection D. Section 3. Amendment. Paragraph 3 of Subsection C of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended to provide as follows: "3. An application for a PUD approval must be submitted to the department of community development at least thirty days prior to a regularly scheduled meeting of the planning and zoning commission. A report of the community development staff's findings and recommendations shall be made at the initial formal hearing before the planning and zoning commission. A report of the planning and zoning commission, stating its findings and recommendations, and the staff report shall then be transmitted to the town council. The town council shall consider the PUD district in accordance with Section 17.28.050 of this code." INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 24th day of February, 2004, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the day of 2004, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the day of , 2004. Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney Ordinance No. 04-03 Hearings on PUD Page 2 of 2 TOWN OF AVON REGULAR COUNCIL MEETING AGENDA FEBRUARY 24, 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. Introduction of New Avon Police Officers (Jeff Layman) 3. Ordinances First Reading a. Ordinance No. 04-03, Series of 2004, First Reading, An Ordinance Amending Title 17, Municipal Code of the Town of Avon, as it relates to Hearings on Zoning Amendments (John Dunn) - Review of requirements for public hearings in connection with the approval of planned unit development ("PUD's") and amendments to PUD's and to suggest any necessary changes to the municipal code relating to public hearings. First Reading & Public Hearing b. Ordinance No. 04-02, Series of 2004, First Reading, An Ordinance approving an Amendment to the Wildridge Planned Unit Development (PUD) for Lots 21 and 30, Block 2, Wildridge Subdivision, Town of Avon, Eagle County, Colorado (Ruth Borne) Located at 2631 Bear Trap Road & 2967 June Creek Trail, Applicants Formations LLC & George Plavec are seeking PUD Amendment to the Wildridge PUD for creating 10-single family lots in Wildridge. 4. Resolutions a. Resolution No. 04-07, Series of 2004, A Resolution to amend 2004 Budget (Scott Wright) 5. New Business 6. Other Business 7. Unfinished Business 8. Town Manager Report 9. Town Attorney Report 10. Mayor Report 11. Consent Agenda a. Approval of the February 10, 2004 Regular Council Meeting Minutes b. Xerox Lease Agreement for copier in Community Development (Scott Wright) 12. Adjournment Avon Council Meeting. 04.02.24 MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: REQUIREMENT OF PUBLIC HEARINGS IN CONNECTION WITH PUD'S DATE: February 11, 2004 The purpose of this memorandum is to outline the requirements for public hearings in connection with the approval of planned unit developments ("PUD's") and amendments to PUD's and to suggest any necessary changes to the municipal code relating to public hearings. Section 17.20.110, Avon Municipal Code, provides that applications for approval of a PUD are first forwarded to the Planning and Zoning Commission. Section 17.12.100 establishes the notice requirements for the hearing before the Commission, posting twelve days before the hearing and mailing to property owners within 300 feet of the property involved in the application. That section fails to set forth what the notice requirements are for a hearing before the town council. Section 17.20.110(C)(3) next provides that, after "formal hearing," the staff report and the Planning and Zoning Commission findings and recommendations are transmitted to the council and that the council "shall consider the special development district [sic] in accordance with Section 17.28.050." That section in turn provides that the recommendation "shall be scheduled for a public hearing before the town council in accordance with Section 17.12.100" no later than thirty days following commission action. But, as I have said above, that section says nothing about the notice requirements for hearings before the council. At best the code is ambiguous as to notice requirements, and at worst, by implication, the notice requirement for hearings before the council should be the same as for hearings before the planning and zoning commission. As you are aware, the Town's Charter provides for a public hearing on second reading of all ordinances. The notice requirement for that public hearing is different from the notice requirement contained in Section 17.12.100, being only a requirement that the ordinance be posted at least seven days before second reading. Notwithstanding that difference, it has been the practice in Avon (and, in my experience, in Vail, which has the same Charter and ordinance provisions for notice) to hold only the public hearing required for second reading of all ordinances. The question was raised at your last meeting whether it is an absolute requirement that there be a public hearing, even if the recommendation of the planning and zoning commission is to be rejected. Given the mandatory language of Section 17.28.050, that a public hearing "shall be scheduled," it is my opinion that the requirement is an absolute one. It is my recommendation that Section 17.12.100 be amended to provide for a notice procedure in connection with hearings by the council on zoning amendments, including PUD's. Such an amendment will resolve the ambiguity of that section and will provide the council with greater flexibility upon consideration of the recommendation of the planning and zoning commission. In essence, the council will conduct a hearing on the recommendation of the commission, rather than a hearing on the ordinance. At that time, depending on all the circumstances, the council may or may not wish to adopt an ordinance on first reading. A public hearing will still be required on second reading of the ordinance, however, in the event the ordinance is adopted on first reading. The proposed ordinance, which accompanies this memorandum, also corrects the error contained in Section 17.20.110(C)(3). JWD:ipse TOWN OF AVON, COLORADO ORDINANCE NO. 04-03 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO HEARINGS ON ZONING AMENDMENTS BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 17.12.100, Chapter 12 of Title 17, Avon Municipal Code, is amended by the addition of a new subsection C as follows: "C. The town council shall hold a public hearing on any recommendation of the planning and zoning commission, and notice of such public hearing shall be published at the expense of the applicant in a newspaper of general circulation within the town, or posted in at least three public places within the town, in addition to posting at the office of the town clerk, at least six days prior to the hearing date." Section 2. Amendment. Subsection C of Section 17.12.100, Chapter 12 of Title 17, Avon Municipal Code, is amended to be Subsection D. Section 3. Amendment. Paragraph 3 of Subsection C of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended to provide as follows: "3. An application for a PUD approval must be submitted to the department of community development at least thirty days prior to a regularly scheduled meeting of the planning and zoning commission. A report of the community development staff's findings and recommendations shall be made at the initial formal hearing before the planning and zoning commission. A report of the planning and zoning commission, stating its findings and recommendations, and the staff report shall then be transmitted to the town council. The town council shall consider the PUD district in accordance with Section 17.28.050 of this code." INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 24th day of February, 2004, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the day of 2004, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the day of , 2004. Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney Ordinance No. 04-03 Hearings on PUD Page 2 of 2 Feb-19-04 02:16pm From-Dunn & Caussy,LLC +9707488881 T-562 P-002/002 F-585 02-19.04 14:11 From-OTTEN JOHNSON ROBINSON NEFF & RAGONETTI 303 $25 6525 T-959 P.002/002 F-659 oT?rT, Jo?TSC3N', a,ou?n?s4N, Nom' 8? B?.c;?oN?T? RC- XrTORNEYS AND cou NSELORS AT LAW MUNSEY L. AYERS, JR. DIRECT DIAL (33) 575.7555 Mu N5P_yQOJRNR.GOM 950 SEVENTEEMTH STREET SUM; 1600 DENVER, COLORADO e0202 TELEPHONE 3o3-a2S-6400 FAX 303-eas.6525 A%V_oTtENJOw NSON.GOM FebruarY 19, 2004 SY FACSIMILE (970) 949-5749 AND U.S. MAM Ruih Bomr. Director of Conmanunity Development Town of Awn P.O. Box 975 Avon, Colorado 81620 DENVER ASPEN STEAMBOAT 5PRINGS 8RUCE e. JQHN50N i 1 eq.?zooOS Re. PUD Am,eadment and Sketch Plan Applications for Lots 21 and 30, Block 2, VJi drid a divi5'on Dear Ruth: As was discussed earlier this date, the applicant in the above-referenced matter has repined me as legal counsel. l; =her to my discussions with you and other Town staff,,[his lafter formally withdraws the above-referenced application. Therefore, while the marter bas been noticed and will remain on the agenda for the Febmary 24, 2004, public hung, the applicant does not anticipate appearing or maldng any presentation at that hearing. The applicant intends to re-evaluate its options for developmcnt of The property. To that end, we anticipate the possibility of submitting a modified application for replatting the two existing lots into a total of four lord, and for amending the PUD to rezone the lots from duplex to single family. The applicant requests that aT the February 24, 2004, Town Council give staff direction that it will be appropriate to waive the application fees for That rc-submitral as had been discussed at the previous public heariag- On behalf of the applicant, I look forward 10 working with you on the re-submittal in the near future. est f Munscy L. A rs, for OT EN, JOIIlNSON, ROBINSON, NEFF & RAGONETTI, P.C. MI..A/abm 610790.1 cc: John Dunn, Esq- (by fax (970).748.8881) Shama Bohan (by email and US, Mail) Memo To: Honorable Mayor and Town Council C O L O R Thru: Larry Brooks, Town Manager A D O From: Ruth Borne, Director of Community Development Da6e: February 18, 2004 Re: First Reading of Ordinance 04-02 an Ordinance for a PUD Amendment for Lot 30 and Lot 21, Block 2, Wildridge Subdivision PUBLIC HEARING Summary The applicants, Formations LLC (Lot 30) and George Plavec (Lot 21) applied for a PUD Amendment to the Wildridge PUD for creating 10-single family lots in Wildridge. Lot 30 is a 5.76-acre lot currently zoned duplex and has a single-family residence constructed on it. Lot 21 is a 3.84 acre lot currently zoned duplex. Both properties are located at the end of June Creek Trail on a 50'0" access easement which provides access to the US Forest Service ("USFS") and access to Eagle River Water and Sanitation District's ("ERWSD") lift station. The applicants provided a detailed application supporting the merits of their application based upon the PUD criteria and other related documentation. A copy of the application is enclosed for your review. The application includes among other things, traffic study based upon the impact of this proposed development, evidence of available utilities, recommendation from the USFS, detailed development data analysis, and revenue projections. On February 3, 2004 the Planning & Zoning Commission unanimously recommended denial of this application based upon the failure of the PUD application to comply with the PUD criteria set forth in Section 17.20.110 in Resolution 04-08 (Exhibit "B"). Also attached you will find numerous letters of support/opposition for this PUD, including a petition (Exhibit "D"). This PUD Amendment application presents a significant policy issue for Council, which is outlined in the Planning & Zoning Commission Staff Report dated February 3, 2004 and attached hereto as Exhibit "C". As part of the basis for recommending denial was the issue of the precedent being established by this proposal. Historically, the Town has consistently denied any type of upzoning in Wildridge since 1991 and required developers/applicant to forfeit development rights when creating single-family projects from duplex subdivisions. At t he P lanning & Z oning p ublic h earing h eld o n F ebruary 3, 2 004 the applicant also submitted additional information from Marcin Engineering (Exhibit "F"), a letter from M. Ayers of Often, Johnson, Robinson, Neff & Ragonetti dated February 3, 2004 (Exhibit "G"), and a letter from LSC Transportation Consultants dated January 29, 2004 (Exhibit "H"). As this information was submitted at the public hearing, this information is not considered part of this application. Memo to Town Council, February 18, 2004 Page 1 of 2 PUD Amendment for Lots 30 and 21, Block 2, Wildridge In light of the P&Z recommendation for denial and the public input recommending denial of this application, Council tabled the first reading of Ordinance 04-02 to allow the public hearing to occur. Staff has prepared Resolution 04-08, which recommends denial of this PUD application consistent with P&Z recommendations and criteria. Proposed actions: 1. Hold the public hearing 2. Adopt a. Resolution 04-08 denying the PUD application Or in the alternative, b. Adopt Ordinance 04-02 on First Reading approving the PUD Application Recommended Motion: Follow recommendation of the Planning & Zoning Commission and adopt Resolution 04-08 denying the PUD application. Manager Comments: v Attachments: A - Ordinance 04-02 B- Planning & Zoning Resolution 04-08 C- P&Z Staff Report dated February 3, 2004 D- Spreadsheet outlining letters of support/opposition for this PUD Amendment E- Sketch Plan Subdivision Report prepared by Norm Wood F- Memo from Marcin Engineering G- Letter from M. Ayers H- LCS Transportation Consultants letter dated January 29, 2004 I- Resolution 04-08 Memo to Town Council, February 18, 2004 PUD Amendment for Lots 30 and 21, Block 2, Wildridge Page 2 of 2 ti TOWN OF AVON ORDINANCE NO. 04-02 SERIES OF 2004 AN ORDINANCE APPROVING AN AMENDMENT TO THE WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR LOTS 21 & 30, BLOCK 2, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, the Owners, Formations LLC and George Plavec, have applied for approval of a Planned Unit Development ("PUD") Amendment to the Wildridge PUD for Lots 21, and 30, Block 2, Wildridge Subdivision; and WHEREAS, the application proposes to amend the Wildridge PUD to rezone Lots 30 and 21, Block 2 from duplex zoning to ten (10) single-family lots (Lots 30A, 30B, 30C, 301), 30E, 30F, 21A, 20B, 20C, 20D); 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 February 3, 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 recommendation for denial on the PUD application to the Town Council of the Town of Avon through Resolution 04-08; 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 jOk W express their opinions regarding the proposed PUD Development Plan; and F:\Counci1\0rdinances\2004\0rd 04-02 L20 30 $2 WR PUD Amendment.doc 3 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 PUD Plan is consistent with 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 21 & Lot 30 PUD Amendment to the Wildridge PUD to rezone Lots 21 and 30 from duplex zoning to ten (10) single-family lots (Lots 21A, 20B, 20C, 20D, 30A, 30B, 30C, 30D, 30E, 30F) is hereby approved, subject to concurrent approval of corresponding subdivision. 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: Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2004. Town of Avon, Colorado Town Council FACouncil\0rdinances\2004\0rd 04-02 L20 30 B2 WR PUD Amendment.doc ATTEST: Mayor Town Clerk APPROVED AS TO FORM: Town Attorney 11 L FXounci AOrd in ances\2 004\Ord 04-02 L20 30 B2 WR PUD Amendment.doc TOWN OF AVON • PLANNING & ZONING COMMISSION RESOLUTION NO. 04-08 SERIES OF 2004 A RESOLUTION RECOMMEND NG DENIAL OF A PUD AMENDMENT TO THE WILDRIDGE PUD FOR LOTS 30 AND 21, BLOCK 2, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Formations LLC (Lot 30) and George Plavec (Lot 21) have applied for an amendment to the Wildridge PUD to create ten (10) single-family lots on Lots 30 amd 21, Block 2; 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 fails to comply with the PUD criteria set forth in Section 17.20.110, which include the following: a. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives have not been met as required by 17.20.11 OH(1) b. The overall design concept of this PUD Amendment fails to incorporate the existing topography with the proposed building locations. Extensive grading and retaining walls will be required to obtain 10 adequate building sites. 17.20.11 OH(2) c. The existing development rights on Lot 30 and 21 are compatible with the immediate scale and character of existing properties, and the proximity to public forest service and open space tracts, while the proposed increased density of 10 single-family residences are not compatible. 17.20.11OH(3) d. This PUD Amendment application is not responsive to the existing topography and natural features of Wildridge_ 17.20.11OH(4) NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby recommends denial of the application for an amendment to the Wildridge PUD to rezone Lots 30 and 21, Block 2 from duplex zoning for a total of four (4) units to ten (10) simgle- family lots (Lots 30A, 30B, 30C, 30D, 30E, 30F, 21A, 20B, 20C, 20D), adding six (6) development rights. 10 ADOPTED THIS 3'd DAY OF February, 2004 E E r Signed: C Date: Z?3 Chris Evans, Chairman Attest: jito 24uzz Date: 00 Terry Smi , Secretary 1 Staff Report PUD February 3, 2004 Planning & Zoning Commission meeting Report date January 28, 2004 Project type PUD Amendment Legal description Lot 30 and Lot 21, Block 2, Wildridge Subdivision Current zoning Two-duplex lots Address 2631 Bear Trap (Lot 30) & 2967 June Creek Trail (Lot 21) Introduction The applicants, Formations LLC (Lot 30) and George Plavec (Lot 21) are seeking, a PUD Amendment to the Wildridge PUD for creating 10--single family lots in Wildridge. Lot X is a 5.76-acre lot currently zoned duplex and has a single-family residence constructed earn it.. lt.ot 21 is a 3.84 acre lot currently zoned duplex. Both properties are located at the end o;` June Creek Trail on a 50'0" access easement which provides access to the US Forest Service (`USFS;") and access to Eagle River Water and Sanitation District's ("ERWSD") lift station- The applicants have provided a detailed application supporting the merits of their applicaltion based upon the PUD criteria and other related documentation. A copy of the application is enclosed for your review. The application includes among other things, traffic study based upon the impact of this proposed development, evidence of available utilities, recommendation from the USFS, detailed development data analysis, and revenue projections. Also attaed ycDu will find letters of support for this PUD application. Background Benchmark Properties created Wildridge Subdivision in 1979 shortly after the incoirporatiion of the Town of Avon on February 28, 1978. According to the Wildridge Final Plat application for Wildridge and Wildwood Subdivisions, the overall development concept was for "abundant open space recreation areas around lots" with a density of "=barely one dwelling unit per acre". The land was identified with no particular hazards for development except in areas with slopes of 40%. The development plan recognized that lot sizes are a function of land slope, buildable area and road access; smaller lots are concentrated on lesser slopes with easy access and largeir lots are on steeper slopes where buildable area and access are more restricted. In 1981, the Wildridge Subdivision was completely replatted with a total of 849 planned development units and is the foundation of the current zoning in Wildridge. Over the years, there have been several PUD Amendments and transferring of development rights. Town of Avon Community Development (970) 748-4030 Fax (970),949-574'9 q Lot 30 and Lot 21, Block 2, Wildridge Subdivision, PUD Amendment February 3, 2004 Planning & Zoning Commission meeting Page 2 of 7 In evaluating the merits of this application, it is important to recognize the applicant's premise of creating new platted lots in Wildridge. Recently, there have been several PUD Amendments wherein development rights have been legally terminated-the most recent of those include Lot 47/48, Block 1, WR (Ordinance 02-13); Lot 10/11, Block 2, WR (Ordinance 02-12); and Lot 42/43, Block 4, WR (Ordinance 02-11). There are even examples where the Town has entertained splitting duplex lots into single-family residences. Although in 1991, the Town formally passed Resolution 91-17, which eliminated this concept. The applicants contend that there are a significant number of single-family residences constructed on duplex lots and as a result justify development opportunities for Lot 30 and 21. This premise is flawed, because there is nothing to preclude any of the existing single-family residences from availing themselves to the current zoning and developing the additional development unit. In the event, the applicant were to actually obtain the development rights from some of these existing single-family residence by a formal PUD process, the Town still does not have a system for transferring the development rights. Although the application is well thought out and addresses the PUD Criteria, the most overriding concern by staff in evaluating this application is what is the impact of the precedent being established with this application? It is staffs belief that we are opening `Pandora's Box' by approving more development rights than originally contemplated. There is nothing to preclude more developers from requesting the same privilege being sought with this application. Is the ^Town prepared to address the development impacts for Wildridge. These: questions are delegated to the Town Council as both a policy and legislative decision. Currently, we have limited guidance on this matter other than the 1991 Resolution abolishing the creation of single- family lots from duplex residences and multi-family projects. 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 fundamental reason for having a comprehensive plan is to ckarl}y communicate generally where and how land uses may occur in the Town. The land use plan is based upon these goals and polices. Implementation is through annexation„ subdivision and zoning regulations. This proposed PUD Amendment does not comply with the following goals and polices of the Town Comprehensive Plan based upon the following: Policy AL 1 Development and redevelopment will be of a scab and intensity appropriate for the neighborhood in which it is located. The current Wildridge subdivision did not c template development Of additional 10 dwelling units on Lots 30 and 21, Int fact, the original Wildridge subdivision specifically created larger loots on steeper slopes, Town of Avon Community Development (970) 748-4030 Fax (970) 9439-5749 q Lot 30 and Lot 21, Block 2, Wildridge Subdivision, PUD Amendment February 3, 2004 Planning & Zoning Commission meeting Page 3 of 7 because the buildable area and access was identified as being more restrictive. The applicant has conclusively demonstrated that both Lots 30 and 21 are significantly larger lots. The proposed site plans and access drive further demonstrate that the proposed lots. are primarily on slopes of 40% or greater and is not an intensity contemplated originally or authorized under our current regulations. Policy A1.3 Flexible zoning such as PUD should be encouraged where it results in more effective use of land. However, such flexible zoning will only be allowed where it provides a benefit to the community and is compatible with surrounding development. Variations from standard zoning must be clearly demonstrated, and will be permitted only as needed to acAiieve effective development. The applicants are proposing to improve the Town parkland in conjunction with approval of this project. In addition, they are proposing to extend the June Creek access to the USFS property along with new and improved signage. These proposed improvements area benefit Ito the Town of Avon; however, compatibility with the surrounding devrelopment outweighs the public benefit. The development standards being proposed are much more flexible to accommodate the single-family residences on the new lots, which includes a 10'0 "front-yard setback rather than the standard 25 '0 " front-yard setback. The purpose of this front settback is to accommodate drainage, snow removal, adequate maneuvering tand site distance for vehicles and maintenance for the Town. To vary from the existing development standards to create new single-family properties has not been demonstrated. Policy A1.6 Land for open space should be preserved throughout the community, particularly on steep slopes and other environmentally sensitive areas. As aforementioned, the purpose of creating the Wildridge PUD was to preserve open space, limit density and avoid development on steep slopes. A significant portion of the property under review exceeds 40% slope. A more detailed analysis of the issues presented by development osn such steep slopes and access is set forth in the accompanying sketch plan subdivision memo prepared by the Town Engineer, Norm Wood. Policy A3.7 Steep slopes in and around the community should be designated) and preserved as open space wherever possible. . Again, a majority of this project is proposed on 40'% slopes and demonstrates that in order to improve the access and create the, new lots development and subdivision standards must be modified to accomplish which is not outweighed by the public benefit to preserve open apace on steep slopes. Goal F1 Make Avon's unique natural setting and its open space central elements to its identity and structure. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 \Q Lot 30 and Lot 21, Block 2, Wildridge Subdivision, PUD Amendment February 3, 2004 Planning & Zoning Commission meeting Page 4 of 7 Policy F1.2 Development shall not be allowed on steep hillside areas vulnerable to environmental and visual degradation. The open space currently available, specifically on Lot 30 is unique and complements the current access to the USFS. The proposed development on the steep slopes may support a total a four new dwelling units on the steep slopes, but 10 development units impairs the overall quality and quantity of open space in Wildridge. 2. Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town. The overall design concept of this PUD Amendment struggles to incorporate the existing topography with the building orientation as a result of existing conditions- Parking, maneuvering, drainage, maintenance and site distance may be impaired as a result of the 10'0" front-yard setbacks. Extensive grading and retaining walls will be required to obtain 10 adequate building sites. 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 current open space on Lot 30 and 21 and the immediate proximity to USFS property is not compatible with the scale and character of creating 10 additional dwelling units- A snore modest proposal for new dwelling units may be warranted upon support and evaluation by the Town's policymakers. 4. Uses, activity, and density provide a compatible, efficient, and workable retaticroship with surrounding uses and activity. Improving the pocket park is an asset contained in this application. Although t1w amount of density being proposed is not compatible with the existing neighborhood, open spac=e, or natural topography. 5. Identification and mitigation or avoidance of natural and/or geologic bazar-is t1hat affect the property upon which the PUD is proposed. There are no known geologic or natural hazards among these properties. As previously noted, there are concerns with the amount of development proposed on such steep slopes. 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. This PUD Amendment application is not responsive to the existing topography and natural features of Wildridge. With the exception of the duplex development right on hot 21, this area was never contemplated for this type of development, because of the natural features, steep slopes, access to USFS, and overall aesthetics of the area. C Town of Avon Community Development (970) 748-4030 FPax (970) 949-5749 N? Lot 30 and Lot 21, Block 2, Wildridge Subdivision, PUD Amendment page 5 of 7 February 3, 2004 Planning & Zoning Commission meeting 7. A circulation system designed for both vehicles and pedestrians addressing on and ofjf site traffic circulation that is compatible with the Town Transportation Plan. The new extension of June Creek Trail addresses improved circulation and improvements to USFS property and the proposed development. The conflict arises with accommodating the new 50'0" right-of way and necessary area to access the new dwelling units. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The amount of available open space will be diminished with this application; although the building sites have been located to take advantage of the available view corridors and access to public lands. 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 in this PUD Amendment application- 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. 11 The application addressed the adequacy of public services and utibties and goes further by offering improvements to the sign program for accessing USFS p>mperty and improving tl public park. 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 traffic projections submitted by the applicant adequately demonstrate that the existing streets and roads within the Town and Wildridge are suitable for the traffic proposed with this development. 12. Development Standards Current Zoning: 2 Duplex Lots Current Maximum Number of Dwelling Units: 4 Units Proposed Zoning: 10 Single Family Proposed Maximum Number of Dwelling Units: 10 Single Family Maximum Building Height Allowed (ft): 35' Potential Land Used Parking Lot 30A, 21 A 3 Spaces Lot 30A, 21A 3 Spaces Lot 30B, 21B 3 Spaces Lot 30C, 21C 3 Spaces Lot 30D, 21 D 3 Spaces Lot 30E, 3 Spaces Lot 30F 3 Spaces Fax (970) 949}-5749 Town of Avon Community Development (970) 748-4030 `v Lot 30 and Lot 21, Block 2, Wildridge Subdivision, PUD Amendment February 3, 2004 Planning & Zoning Commission meeting Page 6 of 7 L Minimum Setbacks Lot 30A, 21A 10' Front, 10' Rear, 10' Side Lot 30A, 21A 10' Front, 10' Rear, 10' Side Lot 30B, 21B 10' Front, 10' Rear, 10' Side Lot 30C, 21 C 10' Front, 10' Rear, 10' Side Lot 30D, 21D 10' Front, 10' Rear, 10' Side Lot 30E, 10' Front, 10' Rear, 10' Side Lot 30F 10' Front, 10' Rear, 10' Side 11 Total Site Area (TSA), sq. ft. (Lots 30,21 and R.O.W.) 424,200 S.F. Existing Site > 40% Slope (Lot 30 & 21, excluding R.O.W.) Area (sq. ft.) 200,569 S.F. % TSA 47.3% Site Coverage % TSA 50% Maximum Per Lot Landscaping % TSA 25% Minimum Per Lot Paved Surface (R.O. W. Improvements Only) Area (s.f, Lot 30, 21, & R.O.W.) 7875 S.F. % TSA 1.9% Snow Storage % of Paved Area 20% Minimum Per Lot All of the development standards are consistent with the current town of Avon and Wildidge standards with the exception of the 10'0" front-yard setback. Staff Comments & Recommendation This PUD Amendment application presents significant stumbling blocks for the staff to recommend approval, which have been outlined in this report. The issue of utmost importance is the precedent being established by this proposal without any guidelines or policies for doing so. In fact, the existing Town policy is adverse to any type of upzoning and splitting of development rights without legislation being created to do otherwise. The issues associated with steep slopes, access, circulation, and open space are secondary to the overriding issues of approving this type of development in the Town. The Town policy and legislators may want to consider creating opportunities for this type of development by allowing for transferring of development rights or other vehicles for increasing density within the Town. Recommended Motion "I hereby approve Resolution 04-06 recommended denial of the Lot 31 and 21, Block 2, Wildridge subdivision PUD application. Town of Avon Community Development (970) 74&-4030 Fax (970) 949-5749 Lot 30 and Lot 21, Block 2, Wildridge Subdivision, PUD Amendment February 3, 2004 Planning & Zoning Commission meeting Page 7 of 7 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, 4?5? D L.Z,,......?..,/' Ruth O. B , Director Community Development C, J C Town of Avon Community Development (470) 748-4030 [-ax iaiu? u4y-z) I4Z) \-111 11 11 11 Mark and Jodi Andrews Sam Ecker Gary Felder Jeff and Denise Jacobs Daniel Niederhassen Erik Peterson George Plavec Larrv Wolfe =8 Opposes the PUD Mark Ball Gregg and Heather Barrie_ Kathleen and Michael Barron Susan Beetch _ Charles and Lorrayne Bell Heidi Bennett Brnt and Karen Biggs _ Greta and Gary Blamire Prisca Boris _ Debbie Brill Gerald Brooks Susan Hildreth Bruno Bruce Callender ? Bruce and Mary Canton Linda Cathy Jeanne Cunningham _ Victoria and Nigel Dagnall Glenn Davis Stacey and Joan Deck Tim Dee _ Gail Duckett John Eschenlohr Michelle Evans Jaime Fla_agam _ Terence Fox Tiffany Gaetke Cynthia Lee Garcia _ Greta Gardner Gay Gardner _ Christopher Green Margaret Hart TW Hebert Jill Henry Lisa Hoffman James Horan 2355 Old Trail _ 5129 Longsun Lane 2171 Long Spur 2960 A June Creek PO Box 18608 Avon 3063B Wildridge_ 2960 June -C -r, 5670 -A& B 2901 June Creek PO Box 1173 Avon erd Ridge 5580 e Ridge 2804 rd Ridge 2802 iJun;eCreek 5580 e Ridge 2935 4071 Wildridge Rd 51348 Longsun Lane 5491 Wildridge Rd E 5692 Wildridge E 2670 Bear Trap #2 2800 Shepherd Ridge 2637 Bear Trap 2810 O'Neal Spur 2637 B Bear Trap 4211 S Wildridge Road West 2841 O'Neal Spur une Creek Trail F2365 :Fox w Spur #B-3 74, Eagle Point Lane _ PO Box 4900, Eagle 4 280 Wildridge Road W PO Box 6517, Avon ?PO Box 2536, Avon 5723 Wildridge 2909 June Creek #1 _ 2909 June Creek #1 4380 June Point _ PO5501 CoyoteRidge __ Box 757,-Gypsum PO Box 6535 Avon 2165B Saddle Ridoe Loon L3 B4, L21 B4,1-18 B4, L20 B2 Walt Hottner 2605 Bear Trap Beth Hufnag i PO Box 4199, Eagle Paul Huntoon 2825 Ked Spur Mary Isom no physical address provided Matt and Jane Ivy 4274 Wildridge Road Esther and Bill Jones 14400 Wildridge Rd Steve and Susan Kaloz ;2900 June Creek Trail Jill and Matthew Kelsall _ 4201 Wildridge Rd W Elise Kelley _ 2445 Saddleridge Loop Fred Kirr 2648 Bear Trap _ Kathy Kunios 5301 Ferret Lane Toni Marto 5134 Longsun Lane Nancy Mast and Stuart Seller 4211 Wildridge Rd W North Unit Faye McKenny 2643 Bear Trap West Alexander Macleod 3016 Wildridge Rd #2 Virginia Mallon Chapel Square Lori Martin P.O. Box 2196, Eagle _ Nancy Martinez PO Box 6, Red Cliff Scott May PO Box 3503 Eagle Gerald and Marge Meremonte 4081 Wildridge Road W _ Ruth Miller 5588 Coyote Ridge J Matthew Mire 2920 A June Creek Kelly and Roger Mitchell 2490 Old Trail Joanne Morgan _ 5735_Wildridge Rd Todd Moyer 2290 Old Trail _ Wendy Nagel 2929 A June Creek Trail Mark and Lisa Mutz-Nelson 2823 Ked Spur Judy Olson _ ' 4420 Wildrid e Rd W John and Karen Pellenti L55 B3 WR John Pinkhorn 2800 Shepherd Ridge Mike and Lisa Post 2935 June Creek Heidi and Lane Kercher Pratt _ Saddle Ridge Loop Beut and Susan Rewold 2803 Shepherd Ridge _ Russell Rice 2680 Bear Trap _ Carmany Rulofson 4340 June Point _ Todd Saeger 2281 Old Trail _ Greg Samson 2490 Old Trail Larry Scarbrough _ PO Box 1340, Avon Susan Schnesl 2440 Saddleridge Loop _ Dave Schramm PO Box 1505, Avon _ Janice Seafield 2852 O'Neal Spur Kathy Sligh 2448 Draw Spur Frederick Smith 5796 Wildridge Rd Sarah Smith and David Hymes 5100 Longsun Lane Steveo 0575 S??? Rd, Gypsum _ Donna Sullivan ? L99 B1 WR _ Chuck and Pearl Taylor 2613 Bear Trap Steve Thompson 2345 Saddleridge Loop _ Sandy Threinen _' Charlotte Triebni PPOO Box 1213, Eagle 2640 A Bear Tra Rudolph Vulpe _ 1 4391 June Point _ Kim Walter 2375 Saddlerid e Loo C: C: 11 \V E E Michael Warmenhoven 2940 June Creek Pamela Warren 2165 A Saddle Ridge Loop Jim Wiley _ 5591 Coyote Ridge Mark Wrast J PO Box 2733, Edwards - Lynne_Young_ 5 _ 161 Longsun Lane E Kathrine V. M???? -- tota = 13 Names- - ----------- - 2427 Saddleridge Loop Rick Petrillo no address given Ronald and Lynn Brethauer 4221 W Wiildridge Rd - received after 2/3/04 P&Z Mtg - total =116 Names - Untitled WE support the PUC change perposed by formation LLC. and terramont contractors. Mark and Jodi Andrews 2355 old trail RD. Avon Co. 81620 a E Page 1 $1 V J 3o- oy C Sam Ecker POBox15 5129 Longsun Lane Avon CO 81620 Ruth Borne Community Development Department Town of Avon PO Box 975 Avon CO 81620 As the owner of the single family home at 5129 Longsun Lane, AKA Lot 45, Block 4, Wildridge Subdivision, I hereby give my support of the PUD application by Formations LLC and George Plavec for Lots 21 & 30, Block 2, Wildridge. I feel that any possible negative impacts of this project are far outweighed by the positive additions to the community the applicants are providing. They would be creating beneficial attributes for all to enjoy, while the development of residences is situated on portions of the properties already reserved for construction. Sincerell Sam Ecker 11 C Date Ovoy Town of Avon Community Development Office PO Box 975 Avon, Colorado 81620 RE: Lot 30 and 21, Block 2, Wildridge PUD Amendment Dear Town of Avon. I have had the opportunity to review the application and related information currently proposed for lot 30 and 21, Block 2 properties located in Wildridge Subdivision, Avon, Colorado. Following this review and consideration of the aforementioned application, I offer my SUPPORT and recommendation for approval. In particular, I recommend approval of this application because: Ae. Aa. Thank you for your consideration of my opinions in this matter. Name(s):, Address: 10 1 L o n 5 S,o '-, /- e 11 't9 C January 28, 2004 Recording Secretary Town of Avon P O Box 975 Avon, Colorado 81620 RE: Letter of support for the PUD Amendment Application - Lot30, 21 Block 2 Wiildridge. Dear Avon P & Z Commission and Avon Town Council, As owners of Lot 22 in Wildridge we would like to submit this letter in support of the proposed rezoning of Lots 30 and 21. We have met with the owners of the proposed redevelopment and reviewed the conceptual plans. We feel that the benefits to the community and our property out weigh any negative effects that may be perceived. We plan to attend the public hearing on February 3`d to lend support and listen to the other views of the community. Thank you for your attention to this matter. Sincerely, Jeff and Denise acobs 2960A June Creek Trail P O Box 19000 PMB 101 Avon, Colorado 81620 RECEIVED E JAN 3 0 200 CO(Muni#y Development Z\ Date / D 7 -7 Town of Avon Community Development Office 400 Benchmark Drive ,Avon, Colorado 81620 RE: Lot 30 and 21, Block 2, Wndridge, PUD Amendment Dear Town of Avon, I have had the opportunity to review the application and related information currently proposed for lot 30 and 21, Block 2 properties located in Wildridge Subdivision, Avcm, Colorado. C Following this review and considezation of the aforementioned application, I offer ray SUPPORT and recommendation, for approval. in, particular, I recommend approval of this application because: Thank you for consideration of my opinions in this matter. Name(s) a. b I g? g ?1/0PTi Ca . I G?'D Address ,?v 0 1/27/04 Town of Avon Community Development Office 400 Benchmark Drive Avon, Colorado 81620 RE: Lot 30 and 21, Block 2, Wildridge, PUD Amendment Dear Town of Avon: I have had the opportunity to review the application and related information proposed for lot 30 and 21, Block 2 properties located in Wildridge Subdivision and have determined this to be a unique opportunity for bath the applicant and the Town of Avon. As you have had time to review the applicants submittal, I too have thoroughly reviewed the package and accompanying information and personally view this as one of the most thorough and responsible development proposals I have ever seen. Seldom have applicants gone to such great lengths, as this applicant has, to ensure that both community and personal gain are so carefully considered. Without reservation I give my full support to this applicant for these reasons: 1 - It provides an ongoing revenue source for the Town of Avon 2 - This development is sequestered in such a way as to have little to no impact on surrounding neighborhoods 3 - It provides a much safer access to June Creek and adjacent trails (which my family and I enjoy frequently) 4 - It provides additional park facilities for current residences to enjoy with their families 5 - It costs the tax payers nothing with little to no impact on the community Thank you for your consideration of my opinions on this matter and would request this be distributed to both Planning & Zoning and Town Council. Sincerely, E ' . Peterson 3063B Wildridge Road Avon, Co RECEIVED JAN '24 8 2004, Community DevelopmeInt -1?5 E Terramont Building Contractors, Inc. P O Bog 3415 Avon CO 81620 George Plavee Ph and Fax 970-845-7797 Cell 970-390-5382 Ruth Borne Community Development Department Town of Avon PO Box 975 Avon Colorado 81620 As the owner to Lot 17A and Lot 17B, Block 4 of the WiIdridge Subdivision AKA 5670A and 5670B Wildridge Road East, I hereby give my support of the PUD application by Formations LLC and George Plavec_ Thank You Geol?e "Tripp " lavec RECEIVED JAN c iQp Gomm MY ©evelopmem 0 ,7a 11 Terramont Building Contractors, Inc. P O Box 3415 Avon CO 81620 George Plavec Ph and Fax 970-845-7797 Cell 970-390-5382 Ruth Borne Community Development Department Town of Avon PO Box 975 Avon Colorado 81620 As the owner of the half duplex at 2960 June Creek Trail Unit B AKA Lot 22B, Block 2 of the Wildridge Subdivision, I hereby give my support of the PUD application by Formations LLC and George Plavec. Thank You George*"Tnpp " Plavec ECEIVeD JA td 8 200,4 CDmmLM,ty ©evL-bPment 25 E Terramont Building Contractors, Inc. P O Box 3415 Avon CO 81620 George Plavec Ph and Fax 970-845-7797 Cell 970-390-5382 Ruth Borne Community Development Department Town of Avon PO Box 975 Avon Colorado 81620 As the owner to Lot 21, Block 2 of the Wildridge Subdivision, I hereby give my support of the PUD application by Formations LLC and George Plavec. Thank You r G4 e "Tripp " Plavec RECEIVED JAN, 2 a M4. Community DeveDopment C Terramont Building Contractors, Inc. P O Box 3415 Avon CO 81620 George Plavec Ph and Fax 970-845-7797 Cell 970-390-5382 Ruth Borne Community Development Department Town of Avon PO Box 975 Avon Colorado 81620 As the owner to Lot 3, Block 4 of the Wildridge Subdivision, I hereby give my support of the PUD application by Formations LLC and George Plavec. Thank You Geor ' e "TnPP" "Plavec RECEIVED Jr?E u u ?Q?f1. COMMunitV Deveiopment z? E Terramont Building Contractors, Inc. P O Box 3415 Avon CO 81620 George Plavec Ph and Fax 970-845-7797 Cell 970-390-5382 Ruth Borne Community Development Department Town of Avon PO Box 975 Avon Colorado 81620 As the owner to Lot 18, Block 4 of the Wildridge Subdivision, I hereby give my support of the PUD application by Formations LLC and George Plavec. Thank You Ge ge 'Tripp " Plavec C RECEIVED community Development ti? n Terramout Building Contractors, Inc. P O Bog 3415 Avon CO 81620 George Plavec Ph and Fax 970-845-7797 Cell 970-390-5382 Ruth Borne Community Development Department Town of Avon PO Box 975 Avon Colorado 81620 As the owner to Lot 20, Block 2 of the Wild!ridge Subdivision, I hereby give my support of the PUD application by Formations LLC and George Plavec. Thank You GeorTrip" plavec? RECEIVED JAS ' ? ?_004 Community Development -A January 27, 2004 Ruth Borne Community Development Department Town of Avon PO Box 975 Avon Colorado 81620 Dear Ms. Borne, As the owner of the half duplex at 2901 June Creek Trail Unit B (Lot 16B, Block 2, Wildridge Subdivision) I hereby give my support of the PUD application by Formations LLC and George Plavec. Thank You Larry W fe u 11 RECEIVED • JAN 2J2004 Community Development 11 r Date: /2- Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning Commission As a property owner of 3 W ?l ?' r 1 L4 } . I (we) must voice concern of opposition to the proposed redevelopment of lots nd 30, Block 2 in Wildridge. When I first sought out a lot (home) in Wildridge, I looked at all available lots in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: A) The abundant open space for recreation areas around the lots and B) The density Now, with this proposal, there would be an increase in density which was not approved at the time I purchased my (our) lot. This re-zoning would have a significant negative effect my (family's) enjoyment of our investment. More importantly, it will adversely effect the quality of life for the many residents of Wildridge that use June Creek trail for walking, mountain biking, snow shoeing and a variety of other recreational pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners in this great neighborhood. I (we) implore you to reject this application in its entirety! Thank you for your time and consideration in this matter. • 3\ Date: J -?)) b Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning Commission Asa property owner of SS"i?b eu n -)? { a I (we) must voice concern of opposition to the proposed redevelopment of lots 21 and 30, Block 2 in Wildridge. When I first sought out a lot (home) in Wildridge, I looked at all available lot in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: A) The abundant open space for recreation areas around the lots and B) The density of about one unit per acre Now, with this proposal, there would be an increase in density which was not approved at the time I purchased my (our) lot. This re-zoning would have a significant negative affect my (family's) enjoyment of our investment. More importantly, it will adversely effect the quality of life for the many residents of Wildridge that use June Creek trail for walking, mountain biking. Snow shoeing and variety of other recreation pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners I this great neighborhood. I (we) implore you to reject this application in its entirety! Thank you for your time and consideration in this matter. e? C Iv 11 Date: 3 1 1 O'f Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning Commission As a property owner of 6-06 Co ?o-c v--A-4 I (we) must voice concern of opposition to the proposed redevelopment of lots 21 and 3 , lock 2 in Wildridge. When I first sought out a lot (home) in Wildridge, I looked at all available lot in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: A) The abundant open space for recreation areas around the lots and B) The density of about one unit per acre Now, with this proposal, there would be an increase in density which was not approved at the time I purchased my (our) lot. This re-zoning would have a significant negative affect my (family's) enjoyment of our investment. More importantly, it will adversely effect the quality of life for the many residents of Wildridge that use June Creek trail for walking, mountain biking. Snow shoeing and variety of other recreation pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners I this great neighborhood. I (we) implore you to reject this application in its entirety! Thank you for your time and consideration in this matter. ((C-,- ?o aaA • 33 Date: ?) I - () Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning ComTnission As a property owner of 60q I k, i' J V; d %- ?4_ I (we) must voice concern of opposition to the proposed redevelopment of lots 21 and 30, ck 2 in Wildridge. When I first sought out a lot (home) in Wildridge, I looked at all available lot in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: A) The abundant open space for recreation areas around the lots and B) The density of about one unit per acre } Now, with this proposal, there would be an increase in density which was not approved at the time I purchased my (our) lot. This re-zoning would have a significant negative affect my (family's) enjoyment of our investment. More importantly, it will adversely effect the quality of life for the many residents of Wildridge that ,use June Creek trail for walking, mountain biking. Snow shoeing and variety of other recreation wsuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners I this great neighborhood. I (we) implore you to reject this application in its entirety! Thank you for your time and consideration in this matter. -154 DateJ 1 ?X)Y Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning Commission AA f? As a property owner of Jr ?3 r7 (.) 6?Q+ (C ?.'1 A? (wey must voice concern of opposition to the proposed redevelopment of lots 21 and 30, BI k 2 in Wildridge. When I first sought out a lot (home) in Wildridge, I looked at all available lot in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: A) 'The abundant open space for recreation areas around the lots and B) The density of about one unit per acre Now, with this proposal, there would be an increase in density which was not approved at the time I purchased my (our) lot. This re-zoning would have a significant negative affect my (family's) enjoyment of our investment. More importantly, it will adversely effect the quality of life for the many residents of Wildridge that vse June Creek trail for walking, mountain biking. Snow shoeing and variety of other recreation pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners I this great neighborhood. I (we) implore you to reject this application in its entirety! - Thank you for your time and consideration in this matter. Date: , r /0 Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning Commission As a property owner of c?'13 3 Whl&-) h "3 I (we) must voice concern of opposition to the proposed redevelopment of lots 21 and 30, Block 2 in Wildridge. When I first sought out a lot (home) in Wildridge, I looked at all available lot in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: A) The abundant open space for recreation areas around the lots and B) The density of about one unit per acre Now, with this proposal, there would be an increase in density which was not approved at the time I purchased my (our) lot. This re-zoning would have a significant negative affect my (family's) enjoyment of our investment. More importantly, it will adversely effect the quality of life for the many residents of Wildridge that use June Creek trail for walking, mountain biking. Snow shoeing and variety of other recreation pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners I this great neighborhood. I (we) implore you to reject this application in its entirety! Thank you for your time and consideration in this matter. -lam - -? r -?v L Date: Et~ !J xA Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning Commission As a property owner of Q 1 ? I I I (we) must voice concern of opposition to the proposed redevelopment of lots 21 and 30, Block 2 in Wildridge. When I first sought out a lot (home) in Wildridge, I looked at all available lots in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: A) The abundant open space for recreation areas around the lots and B) The density Now, with this proposal, there would be an increase in density which was not approved at the time I purchased my (our) lot. This re-zoning would have a significant negative effect my (family's) enjoyment of our investment. More importantly, it will adversely effect the quality of life for the many residents of Wildridge that use ,June Creek trail for walking, mountain biking, snow shoeing and a variety of other recreational _pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners in this great neighborhood. I (we) implore you to reject this application in its entirety! Thank you for your time and consideration in this matter. • V14 f 3^ i c Date: Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning Commmi ion As a property owner of I (we) must voice concern of opposition to the proposed redevelopment of lots 21 d 30, Block 2 in Wildridge. When I first sought out a lot (home) in Wildridge, I looked at all available lot in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: A) The abundant open space for recreation areas around the lots and B) The density of about one unit per acre Now, with this proposal, there would be an increase in density which was not approved at the time I purchased my (our) lot. This re-zoning would have a signifi cant negative affect my (family's) enjoyment of our investment. More importantly, it will adversely effect the quality of life for the many residents of Wildridge that .use June Creek trail for walking, mountain biking. Snow shoeing and variety of other recreation pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners I this great neighborhood. I (we) implore you to reject this application in its entirety! Thank you for your time and consideration in this matter. -,?g :-]' E Date: '2% _' ky Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning Commission / L As a property owner of 4 f jj 1-. , A•A,)I (we) must voice concern of opposition #d 30, Block 2 in Wildridge. to the proposed redevelopment of lots 21 a When I first sought out a lot (home) in Wildridge, I looked at all available lots in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: A) The abundant open space for recreation areas around the lots and B) The density Now, with this proposal, there would be an increase in density which was not approved at the time I purchased my (our) lot. This re-zoning would have a significant negative effect my (family's) enjoyment of our investment. More importantly, it will adversely effect the quality of life for the many residents of Wildridge that use June Creek trail for walking, mountain biking, snow shoeing and a variety of other recreational pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners in this great neighborhood. I (we) implore you to reject this application in its entirety! Thank you for your time and consideration in this matter. 3q February 3, 2004 Town of Avon Planning & Zoning Commission Planning Staff Town Engineer RE: Application PUD Amendment Lots 21 & 30, Block 2 Wildridge Dear P&Z Commission, Staff and Town Engineer, We are the current owners of the home located at 2935A June Creek Trail, (Lot 19, Blk.2 Wildridge). Upon careful lengthy review of this PUD Amendment application, we are STRONGLY OPPOSED to this application or any future variations to it. The mere suggestion that developers\individuals would consider raising density to a quiet cul-de- sac for their financial gain at the expense of us and our neighbors is appalling and arrogant. Karen Biggs is currently the manager of a title company in the valley and employed with them for over twenty years. I am the owner of a civil engineering and surveying consulting firm in the valley. We are in no way opposed to thoughtful well planned development in our community as it is our livelihoods. In spending over twenty years consulting our clients, Karen and I have helped developers and individuals understand the guide lines set forth by PUDs, subdivision covenants, and platting regulations established by municipalities and communities. With this said, we can assure you that we did our due diligence in selecting our home location. During our careful search of numerous properties and communities we concluded that our current home on June Creek Trail was the best fit for our life styles and the safety of our family. The Final Subdivision Plat of Wildridge and the covenants recorded with this plat clearly stated the maximum Dwelling Units that would be allowed on June Creek Trail. The damages to our property and the safety to our family by increasing density, traffic and moving the cul-de-sac some 900' north of our home would not be taken lightly. The suggestion by the applicants that some of our neighbors have somehow "abandoned forever" their Dwelling Unit rights is frightening to say the least. We are all aware that as property values increase over the years, Wildridge could very well reach 100% of its planned density. The precedence that would be set by approving this type of application would forever destroy the enjoyment of property for all Wildridge residents. The Staff and Engineering report that came out 1/30/04 was much appreciated and seems to be moving this project towards denial. I thank you all on P&Z for you careful consideration of this application and respectfully request this application be denied. Sincerely, Brent Biggs & Karen Biggs ,,?o Ruth Weiss From: AndrewKarow@alpinebank.com Sent: Monday, February 02, 2004 10:13 AM To: Ruth Weiss Subject: PUD amendment Hi Ruth, I received this ex parte communication today. Please include this email with the P and Z meeting packets for Tuesday. Thank you, Andrew A. Karow, Senior Vice President / Manager Alpine Bank` 141 East Meadow Drive, Suite B178 Vail, Colorado 81657, 970-748-5740 970-476-2366 fax ----- Forwarded by Andrew Karow/ALPINE CO on 02/02/2004. 10:11 AM ----- Greta Blamire <.gretabl@yahoo To: .com> cc: Subject 02/02/2004 b8:25 AM E Dear Mr,. Karow, andrewkarow@alpinebank.com PUD amendment We are writing to express our outrage at the proposed zoning changes in our neighborhood. Specifically, the changes proposed to lot 30 and lot 21 in Wildridge. A 250% increase in density is completely against the nature of the neighborhood. When we bought our house the zoning was clearly explained to us, and we very carefully researched the zoning in our view area. Those were the rules we agreed to when we bought our property. The owners of Lot 30 and Lot 21 agreed to the present zoning also when they bought their property. To attempt to change the zoning now for their gain and the other property owner's losses is wrong. Our view of the undeveloped area behind our house was considered the most important aspect of our house by the realtor posting the pictures on the internet. This development would devastate our view and our property value. Besides our personal concerns, there are the safety concerns of extending June Creek into an area of ,greater than 11 grade. How would that affect ambulance and fire services? Also, we're concerned about the environmental effect of building homes on a greater than 40% grade. i yt We are opposed to this and to any variance in the original zoning completed in 1981. At that time there was a comprehensive look at the area, and the platting done then should be respected. The factors involved in these two lots being zoned for 1 duplex have not changed. If the area had been considered build able, it would have been platted that way. Gary and Greta Blamire 4071 Wildridge Road Do you Yahoo!? Yahoo! SiteBuilder - Free web site building tool. Try it! http://webhosting.yahoo.com/ps/sb/ v u E ls?v 02/0'FEB. 3, 201646 e- 4Ee1 7 0 ; 1I71tml" h'uW.L 1 ??- re.bruary 3, 2004 Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 Dear Planning and Zoning Commission As a property owner of Wildridge, residing at 5134B Longsun Lane. I must voice concern of opposition to the proposed redevelopment of lots 21 and 30, Block 2 in Wildridge. When l first sought out a lot in Wildridge, I looked at all available lots iri the purchase weredivision- When Y decided upon my lot, the major considerations in that decision to poro :1-t?e abundant open space for recreation areas around the lots and . y the time 1 would bean increase in density which was not approved at t _ "`fNr?i,tiis proposal, there would have a significant negative effect my enjoyment of our y lot. This re-zoning ct the quality of life for the many residents of Wildridge that 'More'ih?porisntly, it will adversely afie y of other recreational " dj?pe' Creek trail for walling, mountain biking, snow shoeing and a vari ;ice:. of traffic on June Creek Trail that will result is a hard ship for ;? §uitS. Not to mention the increase all my neighbors in block 2 of the Wildridge subdivision, oIt roads is already y difficult E d ie oug hto arrdfftc around Wildridge due to the amount of traffic the sp wh this flows. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners in this great neighborhood. 1 Implore you to reject this application iu its entirety! ?'hank you for your time and consideration in this matter, Sine prisca 1. Boris 70) 748-8833 RECEIVED P 2004 1'f< t?,r? y. ? '1. ?7 .wJ?j, t!'rt ( ?. Iii Ni tl'?4•! ??jj nn ????;r1. +.?yR`? b't, iF (? r I 1 U? ? i r j r' ir,',I ?rR;??b?l,'yrU'e'?,Irf? vgRy?,) ?1i iIr';"i ti 11'Jl Development ':•li?, aiv xh'I!t!h?lrf i?i11rr;1.iIC?II?IL,qq;;?' ?,' „.w:^a?',,iS'a!.',?, IhF,ri,>•..i•?.,tia`,. Y"-,;':?jr". Community ..r,,.:k! ? r r' !, ! ?,I?i it nl 'L ?i: M• M,`py;• - M!?%F y:y .lyti??i'?It i t, ?rrf'h: ? Ali *?. ter Iir,Yd/F(o'r . " I ; ''t,FC ?.".-,. , '?" r ;, ; ;,1?''?? P F1'^'±rp Y?i' . F r r ? Ywft.e,?'?et' r >.i• 'C??U' yr^...'. {Lr?r ;'??; ?a?{al;}.i, /i1 i;illy'!Ilil,irliiy,yit,U?;,?,? _,C ? ???'c??! ?'} ?' u:r b?•.n?l:r ?`idAh?! r7:??:u.^??u,'rrhr.x?C? LA b Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning & Zoning Commission As a property owner of 2637 Bear Trap Road, Lot 31, Block 2, I must voice my concern and opposition to the proposed re- development of lots 21 and 30, Block 2. When I first sought out a lot in Wildridge I looked at all available lots in the subdivision. When I decided upon lot 31, the major considerations in that decision to purchase were: A) The fact that only two lots lay to the west of my lot B) They were large but zoned for onl duplex development As I thought of the future of my surrounding neighborhood, it played a large part in my decision to build my retirement home on lot 31 as only two more duplex dwellings: could be built to the west and that any impact on my view and quality of life would be minimal. Now, with this proposal, there would be 11 units adjacent to the west of my lot, instead of the four which were approved at the time of my purchase of lot 31. This re-zoning will have a significant negative impact on my family's enjoyment of our investment. More importantly, it will adversely effect the quality of life for the many residents of Wildridge that use June Creek Trail for walking, mountain biking, snow shoeing and a variety of other recreation pursuits. Not to mentioned the increase of traffic on June Creek Trail which will result in a hardship for all my neighbors in Block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners in this great neighborhood. I implore you to reject this application in its entirety! Thank you for your time and consideration in this matter, B ce and Ma Canton • February 2, 2004 E Town of Avon Community Development Department 400 Benchmark Road Avon, Co 81620 RE: PUD Amendment, Lot 30 & Lot 21, Block 2, Wildridge Subdivision Dear Ruth Borne: We write this letter in general support of the staff report dated 1/28/04. . We concur that the environment of the Wildridge Subdivision in this area would be adversely affected with the proposed ten single-family lots. This type of development would destroy the theme set out with the original philosophy of "abundant open space recreation areas around lace". However, we are very concerned with the two points made in this report suggesting that "a more modest proposal for new dwelling units may be warranted upon support and evaluation by the Town's policymakers", page 4 section 3. The second point being that "the Town policy and legislators may want to consider creating opportunities for this type of development by allowing for transferring of development rights or other vehicles for increasing density within the Town", page 6 second paragraph under Staff Comments & Recommendation. We take serious exception to this and adamantly stress that the original. zoning must stand. If concessions are allowed here, who knows where future concessions will be permitted. Thus, condemning the original proclamation of the subdivision, forever eroding the environmental and natural beauty of the area while destroying the original planners' foresight for a balanced and harmonious coexistence of population and nature. We therefore, strongly urge that the planners for the Wildridge Subdivision will work within the agreed constraints of the original planning and zoning recommendations. We thank you for the opportunity to voice our opinion and trust you find compassion for our concerns. Sincerely, RECEIVED c: Victoria and Nigel Dagnall 4211 S. Wildridge Road West F E B 0 2 2004 Community Developmer Ay January 31,2004 2?2jv4=???cZ To: The Town of Avon, per hand delivery Att: Town Council, do Mr. Buzz Reynolds, Mayor Copy to: The Planning and Zoning Commission V Ref: Lot 30 & Lot 21 - Block 2 - PUD Amendment, Wildridge. Dear Buzz: I am writing to express my opposition to the above proposal. My principal reasons are as follows: 1. I am not prepared to abandon my rights as to development of my property at 4550 Flat Point without compensation. As you know 1 built a single family home there and may well want to expand it to a Duplex at some future date. 2. 1 question the Developers' assertion that "there exists a level of public support for this PUD Amendment of Wildridge homeowners that far outweighs public opposition to it". Who are these supporters and what are their interests. 3. I question the Developers' assertion that this proposal has "Town of Avon - Staff Support". All I have seen is a hand drawn sketch of some 10 sliver lots on extremely steep topography with difficult access. I believe point one above is selfexplanatory. If the Town wants to amend the original Wildridge Development plan and is prepared to legally protect all my rights, that is another matter. It is unreasonable to claim that the "Migration of Duplex Units to Single Family Units" is justification for an increase in density which was not part of the original intent of the Development. Furthermore, a PUD Amendment as requested may infringe upon my present and future rights and at the very least may be legally questionable. The second point raises questions as to the veracity and quality of this proposal. The last point raises questions about the integrity and quality of Town Staff. I remember well the trouble I had in building my own home. There was the need to move the dwelling in order to meet the 35' height limitation, a $15000 escrow requirement for landscaping to obtain a TCO, setback and snow storage requirements etc. etc., all good ideas which I complied with willingly. As it subsequently turned out I observed and began to suspect there was one set of rules for a private builder and another for Developers. I cannot conceive that Town Staff has any idea how these two lots can successfully be developed with 10 single dwellings on them while at the same time meeting all the requirements which were placed upon me and presumably are enshrined in Town building codes. RECEIVED F E B 0 2 2004 Community Development This leads me to the conclusion that if this project were approved these particular applicants will be back to the Town time and time again with requests for variances which will be granted because, after all, Town Staff supported this proposal. In Summary: This proposal's main premise of claiming other owners' development rights to circumvent traffic and density concerns is legally questionable. At least some of the justifications are factually unsupported and throw the veracity of the entire proposal into question. The submitted material as to layout, feasibility of construction, elevations, setbacks etc. is so sketchy that Town Staff could not possibly have rendered a reasoned judgement supporting this proposal. The question can reasonably be raised, why would they lend their support if in fact they did. Lastly, approval of this project would set a precedent which could lead to developmenVof a number of similar properties within the Development and which would damage its nature and character irreparably. Accordingly I respectfully request that the Planning and Zoning Commission not recommend favorably on this application. I also ask Council to deny this application. Sincerely, ohn W. Eschenlohr, ( P.Eng.) c \A-1 Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning Commission As a property owner of ?`S BIJs 5??13 o;i - I (we) must voice concern of opposition to the proposed redevelopment of lots l and 30, Block 2 in wildridge• When I first sought out a lot (home) in Wildridge, I looked at all available lot in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: A) The abundant open space for recreation areas around the lots and B) The density of about one unit per acre Now, with this proposal, there would be an increase in density which was not approved at the time I purchased my (our) lot. This re-zoning would have a significant negative affect my (family's) enjoyment of our investment. More importantly, it will adversely effect the quality of life for the many residents of Wildridge that use June Creek trail for walking, mountain biking. Snow shoeing and variety of other recreation pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact-the quality of life for all property owners I this great neighborhood. I (we) implore you to reject this application in its entirety! Thank you for your time and consideration in this matter. RECEIVED E E' s? 2 '004 Community Development 0 0 E E • Date: '--? , l Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning Commission h? r`I (we) must voice concern of opposition As a property owner of (/ to the proposed redevelopment of lots and 30, Block 2 in Wildridge. When I first sought out a lot (home) in Wildridge, I looked at all available lot in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: A) The abundant open space for recreation areas around the lots and B) The density of about one unit per acre Now, with this proposal, there would be an increase in density which was not approved at the time 1 purchased my (our) lot. This re-zoning would have a significant negative affect my (family's) enjoyment of our investment. More importantly, it will adversely effect the quality of life for the many residents of Wildridge that use June Creek trail for walking, mountain biking. Snow shoeing and variety of other recreation pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners I this great neighborhood. I (we) implore you to reject this application in its entirety! Thank you for your time and consideration in this matter. RECEIVP 3 2004 Community Development LO 02/02/04 MON 08:59 FAX 9708457997 Jim Horan Date: =4-A-1-- Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning Cotzzmissivn As a property owner of 2/4S'45 501P f 6190f LWW' (we) must voice concern of opposition to the proposed redevelopment of lots 21 and 30, Block Z M Wildridge, When I fast sought out a lot (home) in Wildridge, I looked at all available lot in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: "?rhe abundant open space for recreation areas around the lots and .:'I'hG dnSity of about one unit per acre ty which was not approved atthetimel proposal, sal, there would be an family' s) (our) ) lot This re-zoning increase in densi would have a significant negative affect MY ( ' ??, ep?ient of our investment rt il a that antly, it will adversely effect the quality of life for the many rosidentsof W Snow shoeing variety of other recreation ire dune Creek trail for walking, mountain biking. g ts. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for " all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for firture re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners I this great neighborhood_ I (wt) implore You to reject this application in its antiretyl Thank you for your time and consideration in this matter. 0 001 0/ z 7)_ RECEIVED E B Q 2 2004 -S-7-19 Community Development ? "1'µ,.«I+ ww»?? YYM •.W rc,???.:- htl YkIM4' 7 1- ='H?I:fi<''h Tr.-;.•. ?N ?:,,?LLe. w..1."I-:MxxN4m.4 d1h1 yC; •? Y?.„n.?+ F..:..} <.)O Ruth Weiss From: Tambi Katieb ent: Tuesday, February 03, 2004 12:31 PM o: Ruth Borne; Ruth Weiss Subject: FW: PUD Amendment For the meeting.. must have out and read into the record'! Tambi Katieb, AICP Town of Avon Community Development P.O. Box 975 Avon, CO 81620 Phone: 970.748.4002 Fax: 970.949.5749 -----Original Message----- From: Mary Isom [mailto:isom@vaillaw.com] Sent: Tuesday, February 03, 2004 12:24 PM To: Tambi Katieb Subject: PUD Amendment Tambi, can you please forward this on to the P& Z members. I called the town and was told to send this to you and you could distribute it. Avon Town Planner & Planning and Zoning Commission Members: I am writing in opposition to the PUD Amendment submitted to the town by W ormations LLC and George Plavec. I urge you not to approve this amendment. ollowing are some of the reasons why I am opposed: 1. As a Wildridge resident I use the June Creek access road several times a week in the spring, summer and fall. I do not want to see the density of the two lots changed from duplex to 10 single family homes. I think this will have an extremely negative impact on this open space area of Wildridge. The application contemplates homes being built where no development was even contemplated. I refer to the map which shows 5 homes west of the Bohart residence, where none are considered under the current zoning. I think preserving the open quality of this section of Wildridge far outweighs the need for increased development and any possible revenue. Additionally, I question the revenue calculation since costs of this addition in terms of snow plow and fire service need to be considered and aren't by the applicant. 2. The applicant's argument that Wildridge is "underdeveloped" because duplex lot owners have built single family homes on their lots and the applicant should now somehow be entitled to these development rights is absurd. First, I disagree that Wildridge is "underdeveloped" and secondly, I doubt there is any legal precedence for the argument that because a duplex lot owner has built a single family residence that somehow entitles a completely unrelated party from increasing density on lots where no such density was contemplated in the original zoning. I doubt any duplex lot owner on which a single family home is built is willing to transfer over its development right to the applicant, for free, in order to increase our neighborhood density and take away from open areas. 3. I question the applicant's statement in its PUD Amendment - "20 Key ssues and Justification: 13. Public Support. There exists a level of public upport for this PUD Amendment of Wildridge homeowners that far outweights public oppsition to it." I'd like to know what this statement is based on as I have never seen a survey done of Wildridge homeowners by the applicant. In 1 C; ? fact, everyone I've spoken with is against this amendment, except for one person who had no opinion at this point. I have not spoken with one person in favor of the amendment. I believe that this statement is erroneous at best and a possibly an outright lie. 4. Using the condition of the access road as an argument to build 10 homes instead of 2 is also absurd. There is nothing wrong with the conditon of this road for its current use which is access to open space. The road is rarely used by vehicles and when it is they are generally four wheel drive vehicles. It is primarily used by pedestrains, bicyclists and dirt bikes and is certainly adequate as is and does not need to be paved. 5. As for the argument of the pocket park, I don't know what this is referring to but I'm assuming it is referencing the park at the end of Old Trail Road. I rarely see people using this park and it certainly appears adequate for the use it gets. I see far more people using and enjoying the dirt road at the end of June Creek Trail to access June Creek, and I for one, do not want to see a paved road and 10 houses here. 6. I do understand and know there have been zoning changes which have been approved by the town but nothing that I know of with the kind of impact that this amendment would have on the character of the neighborhood. For instance, on Saddleridge Loop where I live, the three single family homes across the street have been built on what were two duplex lots that were rezoned to three single family lots. This change did not increase the density and did not negatively impact the neighborhood. I do think exceptions to the current zoning are possible but must be carefully reviewed, and in this case I see no benefit to the neighborhood and many negative impacts to Wildridge. Contrary to the Applicant's final statement, I do not think this is "Good for Avon Govemnment, its citizens, socially and economically in the near and long term." I urge you to vote no on this amendment. Thank you for your hard work and for your efforts to keep Avon and Wildridge a quality community. is Mary Isom, Wildridge Resident C 2 1v 11 Date: Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning Commission Asa property owner of /? I (we) must voice concern of opposition to the proposed redevelopment of lots 21 and 30, Block 2 in Wildridge. When I first sought out a lot (home) in Wildridge, I looked at all available lot in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: A) 'The abundant open space for recreation areas around the lots and v B) The density of about one unit per acre Now, with this proposal, there would be an increase in density which was not approved at the time I purchased my (our) lot. This re-zoning would have a significant negative affect my (family's) enjoyment of our investment. More importantly, it will adversely effect the quality of life for the many residents of Wildridge that use June Creek trail for walking, mountain biking. Snow shoeing and variety of other recreation pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners I this great neighborhood. I (we) implore you to reject this application in its entirety! - - - - - Thank you for your time and consideration in this matter. RECEIVED r G -2Q0/ • i Community Development G2% v Date: Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning Commission Asa property owner of ?2d `L'i 8- n' d C K? vv 16) must voice concern of opposition to the proposed redevelopment of lots 21 and lock 2 in Wildridge. When I first sought out a lot (home) in Wildridge, I looked at all available lot in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: A) The abundant open space for recreation areas around the lots and B) The density of about one unit per acre Now, with this proposal, there would be an increase in density which was not approved at the time I purchased my (our) lot. This re-zoning would have a significant negative affect my (family's) enjoyment of our investment. More importantly, it will adversely effect the quality of life for the many residents of Wildridge that use June Creek trail for walking, mountain biking. Snow shoeing and variety of other recreation , pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners I this great neighborhood- I (we) implore you to reject this application in its entirety! Thank you for your time and consideration in this matter. n RECEI ED F E B 0 2 2004 Community ©eve4opment 41 Ruth Weiss From: Ruth Borne Sent: Tuesday, February 03, 2004 8:24 AM To: Ruth Weiss Subject: FW: Planning & Zoning Commission Meeting 2/3 - RE lots 30 & 21, Block 2 in Wildridge -----Original Message----- From: Nancy Elizabeth Mast [mailto:vailskitips@hotmail.com) Sent: Monday, February 02, 2004 9:49 PM To: Ruth Borne Subject: Planning & Zoning Commission Meeting 2/3 - RE Lots 30 & 21, Block 2 in Wildridge Nancy Mast Stuart Seller 4211 Wildridge Road West North Unit Avon, CO 81620 vailskitips@hotmail.com February 2, 2004 Ruth Borne Community Development Director Town of Avon Dear Ms. Borne: I apologize that I am emailing this letter at the last moment, but I hope that you will have a chance to read it before the scheduled meeting on February 3, 2004.It is truly not my nature to get involved with matters such as those you deal with; however, I am spurred to get involved in the matter of the development proposal regarding Lot 30 and Lot 21, Block 2 in the Wildridge Subdivision. I must state that I am opposed to the aforementioned development. My husband and I choose to live in Wildridge due to its closeness to open space and the wonderful views. We fear that the proposed development will increase the density of Wildridge to the detriment of the community. In addition, acceptance of this project will set an unsavory precedent with regards to future development in Wildridge and the town of Avon. The original development concept for the Wildridge Subdivision was for "abundant open space recreation areas around lots" with a density of "barely one dwelling unit per acre." This plan has been upheld for the most part and this contributes to the wonderful nature of the neighborhood. When looking at the plans for Wildridge it is evident, even to the ignorant such as myself, that the original planners did their best to optimize development on the available, build able land. It is interesting to note that the original plans did not find it feasible to have such a large density of dwellings on those lots. Despite the fact that this development proposal includes provisions to improve the area for construction, i.e. paving the access road, constructing a playground, such improvements would not compensate for the overall negatives associated with this project. Rather than restating the findings of the PUD Staff Report, I just want to V eiterate our family's disapproval of this proposal. We also want to state ur reservations about the possibility of this project being resubmitted with fewer new dwelling units that still remain out of synch with the original plans for those lots. In addition, I hope that should this commission ever address the issues of transferring development rights and/or yh developing processes to increase the density within the town they do so with caution and all due considerations for preserving the wonderful qualities of our town. Thank you for your time, Nancy E. Mast Stuart L. Seller High-speed users-be more efficient online with the new MSN Premium Internet Software. http://join.msn.com/?pgmarket=en-us&page=byoa/prem&ST=1 C C E ?14 • a Date: Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning Commission As a property owner of r E ?/J ?I vve) must voice concern of opposition to the proposed redevelopment of lots 21 and 30, Bl k 2 in Wildridge. When I first sought out a lot (home) in Wildridge, I looked at all available lot in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: A)' The abundant open space for recreation areas around the lots and B) The density of about one unit per acre Now, with this proposal, there would be an increase in density which was not approved at the time I Purchased -MY (our) lot. This re-zoning would have a significant negative affect my (family's) enjoyment of our investment. More importantly, it will adversely effect the quality of life for the many residents of Wildridge that use June Creek trail for walking, mountain biking. Snow shoeing and variety of other recreation pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard skip for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners I this great neighborhood. I (we) implore you to reject this application in its entirety! Thank you for your time and consideration in this matter. • RECEIVE 3 2004, Community Development ,;"A Date: _ © 1 Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning Commission As a property owner of LOT 55- 13O C K 3 I (we) must voice concern of opposition to the proposed redevelopment of lots 21 and 30, Block 2 in Wildridge. When I first sought out a lot (home) in Wildridge, I looked at all available lot in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: A) The abundant open space for recreation areas around the lots and B) The density of about one unit per acre Now, with this proposal, there would be an increase in density which was not approved at the time I purchased my (our) lot. This re-zoning would have a significant negative affect my (family's) enjoyment of our investment. More importantly, it will adversely effect the quality of life for the many residents of Wildridge that use June Creek trail for walking, mountain biking. Snow shoeing and variety of other recreation pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners I this great neighborhood I (we) implore you to reject this application in its entirety! Thank you for your time and consideration in this matter. vk .Q?C??vL? RECEIVED El? 0 3 2004 Community Development L L' 44 11 Date: , R ecordina _qecreMrv Town of Avon PO Box 975 Avon, CO 81£20 TO: Planning and Zoning Commission As a property owner of SC%?I (we) must voice concern of opposition to the proposed redevelopment of lots 21 and 30, Block 2 in Wildridge. When I first sought out a lot (home) in Wildridge, I looked at all available lot in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: A) The abundant open space for recreation areas around the lots and B) The density of about one unit per acre 0 Now, with this proposal, there would be an increase in density which was not approved at the time I purchased my (our) lot. This re-zoning would have a significant negative affect my (family's) enjoyment of our investment. More importantly, it will adversely effect the quality of life for the many residents of Wildridge that use June Creek trail for walking, mountain biking. Snow shoeing and variety of other recreation pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners I this great neighborhood I (we) implore you to reject this application in its entirety! Thank you for your time and consideration in this matter. • RECEIVE 200 Community devefapment 60, 02/02/2024 03:38 9704764427 2 February 2004 Avon Planning and Zoning Commission Avon Town Council VAIL INTERNATIONAL REGARDING: PUD Amendment, Block 2 Lots 30 and 21 PAGE 01 Dear Commissioners and Town Council Members: request by Formations LLC and George Plavec to increase the We urge you to deny the that the Avon PWming and Zoning density on Lots 30 & 21 Block 4_ In fact, we hope ueth for variances to increase Commission and the Town Council will deny all req density in our subdivision and our town. We built the single family home where we live on Lot 6f Bancial benefit of building a e, This is a duplex lot. We because we want less duplex beccause density in oureneighborhood. We did not intend that the building rights that we chose not to exercise would ever be construed as available to any developer who wanted to claim them. Best Regards. y - Y,? ?J?,V?A ? Vol Sarah Smith David Hymes RECEIVED t E 0 2 2004 Community Development E E w° 1/28/04 RE: Public Hearing 2/3/04 for Variance from Section 17.50.040 of the Avon Mun Code to allow a structure to encroach into the side-yard setback I, Donna H Sullivan am the owner of Lot 99, Block 1, Wildridge Subdivision and strongly oppose the above'referenced variance requested by Snow Now II, LLC. I will not attend the meeting of the Planning and Zoning Commission on February 3, 2004, please be sure my opinion is heard. Do not permit this variance. I may be reached at 650 274-7015. Sinc rely, i Donna H Sullivan RECEIVED 11 F E B 0 2 2004 Community Development 4? Ruth Weiss From: Ruth Borne Sent: Friday, January 30, 2004 1:37 PM To: Ruth Weiss Subject: FW: Bear Trap Road Please copy for meeting ! -----Original Message----- From: Chuck Taylor [mailto:catavoco@vail.net] Sent: Friday, January 30, 2004 1:09 PM To: Ruth Borne Subject: Bear Trap Road To: Ruth 0. Borne Re: Lot 30 and adjoining lots off Bear Trap Road We will not be able to attend the Tuesday night meeting but we want to enter our objections to this planned development. The increase in the number of homes is%not suitable for our area especially in regard to traffic and the noise factor. Please make this part of the record. Charles A and.I Pearl Taylor 2613 Bear Trap Road r E 1 C Date: 1" l? Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 • TO: Planning and Zoning Commission j _ As a property owner of !'3 ?(1 ;?"v 1 T I (we) must voice concern of opposition to the proposed redevelopment of lots 21 and 30, Block 2 in Wildridge. When I first sought out a lot (home) in Wildridge, I looked at all available lot in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: A) The abundant open space for recreation areas around the lots and B) The density of about one unit per acre Now, with this proposal, there would be an increase in density which was not approved at the time I purchased my (our) lot. This re-zoning would have a significant negative affect my (family's) enjoyment of our investment. More importantly, it will adversely effect the quality of life for the many residents of Wildridge that use June Creek trail for walking, mountain biking. Snow shoeing and variety of other recreation pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners I this great neighborhood. I (we) implore you to reject this application in its entirety! Thank you for your time and consideration in this matter. 7 / w ece ve >.?C f 200z COmmunify Deveiopment V') February 1, 2004 To: The Town of Avon, hand delivery Att: Town Council, c/o Mr. Buzz Reynolds, Mayor Copy to: The Planning and Zoning Commission Ref: Lot 21 & Lot 30 - Block 2 -- PUD Amendment, Wildridge Dear Sir, I am writing to express my concern, and opposition, to the Proposed PUD amendment. Having carefully reviewed the "20" key issues and justifications, I find them slanted, biased and lacking' substance. Item 2 states compliance with town Subdivision, Panning and Zoning regulations. If this were so, then why the need for a PUD amendment? Item 13 states a level of public support, whereas 4 residents of Wildridge brought this application to the attention of their neighbors and collected, at last count, 50 signatures stating opposition. Item 18 references traffic implications staring either a 1.4% or a 1.08% increase in traffic based on a survey conducted on Metcalf and Nottingham roads. It would seem to me the survey should have been conducted on June Creek trail. To use the ratio provided by the applicants, currently 15 DU's X 6 trips a day for a total of 90. To add the proposed 42 trips a day, that would equal an increase of 47%. That is a traffic increase no neighborhood should have to bear. In closing., I will be in attendance at the public hearing relative to this issue. If at any time you should request my attendance for further review of this amendment application, please call and I will make every effort to meet your schedule. Sincerely,/ Michael Warmenhoven 2940 June Creek Trail 845-8101 390-0411 1:1 RECEIVED Community Development 11 Date: // /C Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning Commission As a property owner of .;21 jo ' uNr: (xk I X19 ?/I (we) must voice concern of opposition to the proposed redevelopment of lots 21 and 30, Block 2 in Wildridge. When I first sought out a lot (home) in Wildridge, I looked at all available lot in the subdivision: When I decided upon my lot, the major considerations in that decision to purchase were: A)' The abundant open space for recreation areas around the lots and B) The density of about one unit per acre Now, with this proposal, there would be an increase in density which was not approved at the time I purchased_ my (our) lot. This re-zoning would have a significant negative affect my (family's) enjoyment of our investment. More importantly, it will adversely effect the quality of fife for the many residents of Wildridge that use June Creek trail for walking, mountain biking. Snow shoeing and variety of other recreation, pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners I this great neighborhood. I (we) implore you to reject this application in its entirety! - - - Thank you for your time and consideration in this matter. RECEIVED S 0 2 2004 Community Development V? January29, 2004 Wildridge Property Own= Dear Neighbors: A PUD Amendment Application has been submitted to the Town of Avon which suggests that all single funnily homes built on duplex lots have "(abandoned) forever" the second Development Unit (DIJ). and may suggest that the developer (Shane Bohart and George Plavec) Somehow are eutitled to your development rights Ci.e., your second unit). _L The application is requesting that 2 duplex lots be subdivided into tea (10) auea-fan* ammo lots. Ibis s+efs a new precedence for others to begin taking lots near your home and subdivide than for morn units than originally intended Would you Itloa your neighbor to put 2 or 3 new si ngie`Emuly honors nod to your propeay and claim a right to you and your neighbor's development righb? If you concerned about `this application, the impact it will have, and the precedence that it will s, we eaconrage you to write to ft Av66 Planning and Zoning Comanissiom and Town Cmmerl or attend the Planning and Zoning Commissiou beating this Tuesday February 3, 2004 at 530PM in the Tram ofAvast municipal building. Attached for your review is a portion of the application and tie Hs&g of the 81 homeor?r m erected by this . proposal. Take time to review the entire application at the Town of Avon, Com=xty Development offim Please r.0 any of the nebba rs listed below to discuss this mw or to lend support in p revrntag approval of this proposed amendme?tt to the zoning rules. We have petitioned to stop this PUD au nt available if you can not attend Feb. 3, 2004. Sincerely, Mike and Tanya R?a 2=hoaen (845-8101) GxW and Heather 8maie 48-13 ]Brent and Karen Biggs (949-973 Mike and Lisa Post (945-86") d93 r? a-434' . 11 11 Feb 02 04 03:35p Peter Warren P- 1 Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 970-845-0796 TO: Planning and Zoning CocM fission As a property owner i I (we) must voice concern of opposition to the proposed redevelopment of lots 21 and 30, B ock 2 in Wildridge. When I first sought out a lot (home) in Wildridge, I looked at all available lot in the subdivision. .When I decided upon my lot, the major considerations in that decision to purchase were: A) The abundant open space for recreation areas around the lots and E B) The density of about one unit per acre Now, w&this proposal, there would be an increase in density which was not approved at the time I purchased my (our) lot. This re-zoning would have a significant negative affect my (family's) enjoyment of our investment. More, importantly, it will adversely effect the quality of life for the many residents of Wildridge that use June Creek trail for walking, mountain biking. Snow shoeing and variety of other recreation pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners I this great neighborhood. I (we) implore you to reject this application in its entirety! Thank you for your time and consideration in this matter. RECEIVED. i g 0 0 2004 Community Development Page 1 of 1 Ruth Weiss From: Jim Wiley [JWiley@CSAi.us] Sent: Monday, February 02, 2004 6:43 PM To: Ruth Weiss Subject: Lot 21 and Lot 30 Wildridge, Avon - Rezoning Please submit this written statement to the Planning and Zoning Commission. Thank You! Jim Wiley jwiley@csai.us Charles Steckly Architecture 10789 Bradford Road Suite 120 Littleton, CO 80127 O: 303.932.9974 F: 303.932.6561. 11 A 2/3/2004 Wq 2 February 2004 E Recording Secretary Town of Avon P.O. Box 975 Avon, Colorado 81620 To: Planning and Zoning Commission: As a property owner of 5591 Coyote Ridge in Wildridge, I am writing to express my concern and voice my opposition to the proposed rezoning of lots 21 and 30. I am concerned that if the Town of Avon allows this rezoning, this will open the door for many other rezoning opportunities in Wildridge. I am aware of many duplex lots within the Wildridge subdivision with presently only a single-family dwelling. These lots also have potential of subdividing and adding another single-family dwelling. Looking at the duplexes and larger four-plexes in Wildridge I feel that most have been built within the original zoning concept for the subdivision. I am questioning why this development is intent on deviating from this zoning concept. I'm sure the property owners/developers of lots 21 and 30 have many reasons for subdividing and building at a higher density than the majority of other complex within the Wildridge subdivision. The foremost reason that comes to mind is to make additional profit from subdividing the lots and building additional single-family homes. As and Architect and builder I am aware that to survive as a developer one must look at creative ways to make a dollar in this down market. With this in mind I am questioning if the Town of Avon will allow a property owner/developer to enter into this project with profit as their major goal? If this project proceeds forward it will benefit the property owners/developers of lots 21 and 30, but at what cost to the remainder of the Wildridge residents. Members of the Planning and Zoning Commission of the Town of Avon please consider all aspects of this very important decision and cast your vote to reject this application. Sincerely; James Wiley Architect n a I hereby declare that I DO NOT SUPPORT the Wildridge PUD Amendment proposing the subdivision of Lots 21 and 30, Block 2 Wildridge. 0 I understand that the proposal would subdivide the two lots, currently zoned for one duplex each (4 total units) to 10 single family lots (10 total units). I understand the proposal calls for the extension of June Creek Trail by approximately 900 linear feet I understand that the developers propose to provide up to $25,000 towards the installation of a play area at the corner of June Creek Trail and Old Trail Road. oVe Sr'{-nOcL 2cd?t [.loop, 4r 6 7. 8. 9. 10. EZ 11. _0 12. D G 2 2004 ?o 0ommiunity Development Address DO NOT SUPPORT increasing the density of said lots in any manner I DO NOT SUPPORT extending June Creek Trail beyond its originally constructed and platted cul-de-sac ?2??f ?1?. .?. GIOlJ4a1: G•µJr1?QfIV vn ti ii u??m? ? ? -?......_...-_ on, resident of the Wildridge subdivision, in the town of Lots Coloto21 radoand, I adeclare that I DO NOT SUPPORT the subdivision hereby 30, Block 2, Vildridge. 1 understand that the proposal would subdivide the two lots, c rrr n10 zoned for one duplex each (4 total units) into 10 single family lots total units). In addition, I understand that June Creek Trail would be extended by approximately 900 linear feet. understand that the developers propose to provide $25,000 to the I also Town of Avon towards the installation of a play area at the corner of June Creek Trail and Old Trail Road. ature Na a Sign 2. 0 v ------------------ 3. 4. 5. 6. 7. 8. 9. 10, 11. 12. C ZOOS, 13. 14, Address ?J Community Development /A ` February 3, 1,004 Dear Planting and Zoning Commissioners: the 20 Key Issues and justification for the proposed PUD Altashed is a response to th LLC/George Plavec. We - as a group of concerned amend gent submitted by Formations, osed subdivision - submit this for your item 7. Our pximarY landowners living directly adjacent to this PrOP a g review and consideration prior to the February 3`? meeting' g concerns are listed below: d density increases without regulatory guidelines 1 . Developxne an 2. Increased density not brought abo bydin thi s neighborhoodpt was because the 3. Due diligence: when we bough pr P y e indicates. density was a low level as origin]. plat 's)-, None of us have" bandoned 4. Abandonment of Development Units (DUt tal density allowed` aIf app10 e'd this development rights by not building to concept is a very disturbing precedent for all citizens within the Town of Avon. While we acknowledge that the Developers have the right significant economic hardship it respective lots, we don't feel that they have proven arly shown a significant requiring consideration of the proposal, nor haveY economic and social benefit to the commun'ty. In fact, when they purchased their property they accepted the density in that purchase. We feel that they should abide by the rules and regulations as stated by the Town of Avon in the same fashion that we did when we built, purchased or made improvements to our homes. Respectfully, ? 21 PUD Amendment Proposal June Creek Frail NOighbors opposed to Block 20 Lot 30 & Lot 19 2935 A June Creek Trail t 19 2935 B June Creek Trail Mike & Lisa Karen Biggs en h Lo Lot 23 2940 June Creek Trail ov ?r?nen Mike & Tonya Lot 18 2929A June Creek Trail Trail 2909 44 June C Wendy Gregg & Heather Barre Lot 17 ?k Try Lot 17 2909 01 rune C Chris ri & Jill KeLsall M Lot 71 4201 Wildridge Road W 24 4274 Wiidridge Road a Matt & Jane Ivy Lot Lot 37B 4071B Wildridge Road W & Greta Blamire e Lot 36 4081 Wildridge Road W 25 2900 June Creek Trail rald Meremonte G Steven & Susan Kaloz is B or Lot Richard Petrillo & Frisco 51348 Longsur? Lane idents listed on the petitions and letters attached- And other Wildridge res RECEIVED V"?a D A Community Development -1ti p ?Z DbV6q MIRAMONTI ARCHITECT PC MIR?MONTI 'I POST OFFICE BOX 5820 AVON COLORADO 8.1 6 2 0 T970949 1138 F970 949 01 17 Feburary 3, 2004 TO: TOA Panning Department TOA P & t Commission TOA Town Council To whom it may concern; RE: PUD Amendment Lot 30 & 21 Block 2 Wildridge Subdivision My name is Gerald Meremonte. My wife, Marge, & I own the single family residence at 4081 West Wildridge, lot 36, block 2. We share our western property line with lot 30 of this propose PUD application. 1 have lived in the Eagle Valley for 24 years & for the past 19 years, l have been a practicing architect focusing mainly on private residences. i purchased my property in 1988. And at that time, like everyone else who looks to purchase real estate, l did my homework. I reviewed the zoning & design regs. I familiarized myself with the building setbacks. Studied the lay of the land & created a mental picture in my mind on where my future neighbors' homes would be located. This in turn led to the final design of my own home; which was built in 1996. Little did 1 realize then, that eventually i would find myself here today at this public forum, defending these basic zoning regs for the Wildridge Subdivision, which are now in jeopardy by this PUD Amendment application before us tonight. When I first started to read this PUD application, I immediately began to see its' weaknesses; upzoning, 40% building slopes, difficult access & in general, the applicant's lack of awareness to realize why the existing property owners bought here in the first place. You can only imagine my relief upon reviewing Ruth Borne's staff report. My compliments to her & her staff on seeing through the applicant's 20 key issues. Her report brought attention to many of the same observations 1 had made on my own review. While many of the issues being discussed in her report affect me personally, the real issue here is the precedent being set tonight with the outcome of your decision. As Ruth points out, there does not exist, a process within the TOA to consider this type of application property. And it is here I must adamantly state, that the property owners of Wildridge do not wish to add density to their neighborhoods! In fact, this is why we bought here in the first place. -1'P Whether some of us chose to build single family residences on our duplex zoned lots is not the issue. What we do with that extra dwelling unit is our own personal choice. For me, it was my way to minimize the effect of density on my neighborhood & maintaining my privacy. And for those residents who own property on the western edge of Wildridge, we share the common fear of some future developer wanting to do a land swap with the USFS. And that is why the "precedence issue" is so important!!!! Wildridge is a self contained residential neighborhood, totally separated from the rest of the TOA by large tracts of land. There are no fringe areas where you have commercial zones backing into residential zones. This "isolation" is what attracts us to Wildridge. Wildridge is all, about open space, sense of privacy, huge vistas & access to the National Forests! By allowing upzoning to one, you must allow this opportunity to all property owners of Wildridge. If you consider this applicant's PUD Amendment, why not consider running a street along the entire length of Wildridge's western boundtary so all of those property owners can sub-divide their lots as well .... 6 so on.... Where does it stop? It stops here! It stops here tonight!!! With your decision. DENIAL on this PUD Amendment application Thank you for your time & consideration; i Marge Meremonte -Lq Gerald K Meremonte AIA Miramontl Architect PC #0 FEB. 4.E004 11:10AM VA INTERNAL AUDIT 9708456685 N0.808 P.1 1 hereby declare that 1 DO NOT SUPPORT the Aldridge PUD Amendment proposing the subdivision of Lots 21 and 30, Block 2 Wildridge. 1 • I understand that the proposE C` Q wo lots, currently zoned for one duplex each (4 total L / lots (10 total units). • I understand the proposal ca June Creek Trail by approximately 900 linear fee • 1 understand that the develol 2? 3 (0 up to $25,000 towards the installation of a play areE reek Trail and Old Frail Road. I DO NOT SUPPORT increasing the density of said lots in any manner I DO NOT SUPPORT extending Jane Creek Trail beyond its originally constructed and platted cul-de-sac •2. 3. 4. 5. 6. Name 7. 8. 9. 10. 11. 12. d ECEIVED 0 4 2004 Address -,Roo b J ? I (off ? I --j) L-c y Fo R POSE - r, TCDPLE Tq4 Igo oT y Y:b u L ?c ?? ? Ef?b THE- Fb7v kC OP To ? 1-MPD?Tf-?-IF -M ?AOY bt-VEUOPEKS '-I Q D I '+0 U Lb B E- TR E A R -Ds) (?o r7 ,l i-SS 1oA f S I F,)r) fN? oks TO Rj, - 7 H E FUTO?:E P 'T H H 00 o HE'duj ?J (,J17fl TtfE UE EKE u ILL TOE- F DO? t-JULS M19KE7 Lw fto CaRE-S, f? Mlt-L(o?-3 hr,)b NO-T- Rc He-Q-6- RECEIVED ) -UC-) ?J R ES 1L-)',JT-- i- S o 3 2004 X100L-` rtD U/\(c- ]`:07 Community DeveloPmeit -AV Page 1 of 1 Ruth Weiss From: Tambi Katieb Sent: Wednesday, February 04, 2004 11:27 AM To: Ruth Weiss Subject: FW: PUD Amendment Tambi Katieb, AICP Town of Avon Community Development P.O. Box 975 Avon, CO 81620 Phone: 970.748.4002 Fax: 970.949.5749 -----Original Message----- From: Kim Vulpe [mailto:vailbum@earthlink.net] Sent: Tuesday, February 03, 2004 6:05 PM To: Tambi Katieb Subject: PUD Amendment ® We have lived in Wildridge for over seven years and are very satisfied with the plan as orginally stated. Regarding the proposed PUD Amendment Applicaton we are STRONGLY opposed tr.; the approval.. This would create a horrible precedent and would not be fair to all the present residents who relied on teh Master Plan. Sincerely, Kim and Rudy Vulpe E 2/4/2004 '1-1 Memo To: Ruth Weiss Ruth Borne Norm Wood From From: Lisa Post (331-8566g l' CC: Planning & Zoning Commissioners Date: 02/03/04 Re: Opposition to PUD Amendment Request for Wildridge Mock 2, Lots 30 & 21 Attached please find the June Creek Trail Neighbors Opposed to Block 2, Lot 30 & 21 PUD Amendment Proposal. The enclosed documents include: A Cover Letter dated February 2, 2004 PUD AMENDMENT-"20" KEY ISSUES AND JUSTIFICATION FOR DENIAL Exhibit A Twelve (12) pages of signed petitions of by neighbors opposed to the proposal (80 signatures) Fifteen (15) letters signed by neighbors opposed to the proposal I am providing ten copies of this packet for your distribution convenience. Please call me if you have any questions or need additional copies. E • Page 1 -1°1 Date: February 2, 2004 Dear Planning and Zoning Commissioners: Attached is a response to the 20 Key Issues and justification for the proposed PUD amendment submitted by Formations, LLC/George Plavec. We - as a group of concerned landowners living directly adjacent to this proposed subdivision - submit this for your review and consideration prior to the February 3`d meeting - agenda item 7. Our primary concerns are listed below: 1. Development and density increases without regulatory guidelines (Bad Precedent). 2. Due diligence: when we bought property in this neighborhood it was because the density was a low level as original plat indicates. 3. Increased density not brought about by developmental hardship 4. Abandonment of Development Units (DU's): None of us have `abandoned.' development rights by not building to the total density allowed. If approved this concept is a very disturbing precedent for all citizens within the Town of Avon. 11 While we acknowledge that the Developers have the right to build a duplex on their respective lots, we don't feel that they have proven significant economic hardship requiring consideration of the proposal, nor have they clearly shown a significant economic and social benefit to the community. 0 In fact, when they purchased their property they accepted the density in that purchase. We feel that they should abide by the rules and regulations as stated by the Town of Avon in the same fashion that we did when we built, purchased or made improvements to our homes. Respectfully, June Creek Trail Neighbors Opposed to Block 2, Lot 30 & 21 PUD Amendment Proposal Lot 19 2935 A June Creek Trail Lot 19 2935 B June Creek Trail Lot 23 2940 June Creek Trail Lot 18 2929A June Creek Trail Lot 17 2909 #4 June Creek Trail Lot 17 2909 #1 June Creek Trail Lot 71 4201 Wildridge Road W Lot 24 4274 Wildridge Road Lot 37B 4071B Wildridge Road W Lot 36 4081 Wildridge Road W Brent & Karen Biggs Mike & Lisa Post Mike & Tonya Warmenhoven Wendy Nagel Gregg & Heather Barrie Chris Green & Gay Gardner Matt & Jill Kelsall Matt & Jane Ivy Gary & Greta Blamire Gerald & Marge Meremonte Lot 25 2900 June Creek Trail Steven & Susan Kaloz Lot 70A 4211 S Wildridge Rd W Nigel & Victoria Dagnall And other Wildridge residents listed on the petitions and letters attached. L` q0 PUD AMENDMENT - "20" KEY ISSUES AND JUSTIFICATION FOR DENIAL Lot 30 & Lot 21 - Block 2 - PUD AMENDMENT Wildridge - Avon, Colorado 1. Does not comply with Town of Avon Comprekensive Plan as indicated by the TOA Staff memo. 2. Does not comply with Town Subdivision, Planning & Zoning Regulations according to the TOA Staff memo and the Town Engineer's comments. • This is a project of variances. See Exhibit A for additional Title 16 sections that do not comply. 3. TOA Staff does not support the proposal based on the memo. 4. Not ideal real estate for such a proposal • Changes the Character of the Neighborhood from a quiet, light traffic, non-thorough-fare cull-de-sac. • 42 additional trips indicated in Traffic Study submitted addresses Metcalf and Nottingham and does take into account June Creek Trail (+65%). • All lots (but one) listed as the directly impacted lots providing supports are owned by Developers. 0 5. Precedence • Sets an undesirable precedence where other lot owner and developers could create higher density (250% increase) in the absence of regulatory guidelines. • Does not comply with Resolution 91-17, which eliminates the concept of splitting duplex lots into single-family residences. 6. Revenue is not an item to be considered for the planning and zoning process. It belongs at the Town Council. 7. Significant Shortfall in DIPS at time of total build out in Wildridge • Development rights are still in existence regardless of build out. • Dwelling Units can be added at anytime by current or future property owners. • Increased density is not a goal of Wildridge. • TOA does not and should not have a vehicle for transferring development rights. 8. A down zoning approach has been taken for these vacated units. They are not available for transfer, not should they be. 9. The majority of existing Wildridge Properties granted a modification from their Original Plat Designation resulted in reduced or equal density, not increased per the proposal. q\ 10. The migration of Duplex Units to Single Family Units has occurred with a tendency toward lower density. The assertion that dwelling units have been "lost (abandoned) forever" is subjective. 0 11. The Access Easement is currently maintained by Eagle River and Water Sanitation District and is as safe as a typical forest service access road. 12. Utilities and infrastructure are a standard requirement of the TOA code & building guidelines and are normal expenses for developers. 13. The opinion of the neighborhood is that there is little support for this project. 14. Eagle River Water and Sanitation District & US Forest Service • Eagle River Water and Sanitation District would support paving, with a stipulation that no grade change or cuts be made to the road. • US Forest Service property will be impacted by the addition of asphalt and changing water flows and we question the need for an environmental impact and drainage study. 15. A small playground that meets playground safety guidelines and provides play equipment for children ages 2-12 would cost a minimum of $50K. (Excludes benches, landscaping or ADA access.) 16. Construction revenues off set corresponding expenses which the Town Engineer estimates a deficit of $4,744 per annum. 0 17. Property Owners Liability, Public Safety and Dust Nuisance • Proposed steep shoulders with 2:1 drop-offs and steeply paved roads with drastic drop offs (26') create safety risks • The intent of the road on the plat is that they access public lands and service utilities. • Most recreational users access US Forest Service roads prefer natural terrain. 18. Traffic Implications are addressed under item 4. 19. "Support" is subjective and this suggests that who ever owns the most land has the right to change the rules. 20. The site plan does not illustrate the private land designated to accommodate "a few parking spots" and Town of Avon Parking Ordinance does not support parking in town right of way. 00ti 0 Exhibit A Lot 30 & Lot 21 - Block 2 - PUD Amendment Wild ridge, Town of Avon Colorado The following Town of Avon Title 16 criteria have not been met: 1) 16 40.030 Street Pattern - Design ofdead-end streets shall include areas for storage ofplowerl snow. Adequate snow storage is not provided for the cul-de-sac within the right-of-way or easements. 2) 16 40,050 New Street Classifications -The overall lgngth o{a cul-de-sac from the intersection with another street or road to the radius point Qf the turnarq_gnd will not exceed one thousand . Actual distance from the end of the proposed cul-de-sac to the intersection with Old Trail Road is approximately 1,425 feet. 3) 1640.050 No cul-de-sacs will service more than twenty residential units The existing June Creek Trail cul-de-sac serves twenty units. The proposed June Creek 'f'rail cul- de-sac would serve 27 or 26 units (depending if the proposed access point for Lot 30B utilizes June Creek Trail or Bear Trap Road). If the proposed 9 secondary units were included, ldhe proposed June Creek Trail cul-de-sac would serve 36 or 34 units (depending if the proposed access point for Lot 30B utilizes June Creek Trail or Bear Trap Road). 4) 16 40.050 Cul-de-sacs will be allowed only in those cases where it can be adequately assured that the roads will be passable vear around by virtue of minimum grades and curvature adequate parking. and snow removal Proposed grades exceed minimum 8.0% slope and snow removal requirements have not bwen demonstrated. 5) 1640.050 Each cul-de-sac shall have a minimum of a thirot- foot paved radius roadway bulb at the dead end. Actual proposed paved radius of cul-de-sac is 32.5 feet. Providing the required cul-de-saw raditu would increase the disturbance required for the road construction. 6) 1640.060.A. Rights-of-wav Widths - Rights of way shall be provided to the following rminimum widths: Cul-de-sacs 50-foot radius bulb at dead end Actual proposed cul-de-sac right-of-way radius is 45.5 feet. 7) 16.40.060. B. Rights-of-way widths - Right-of-way widths shall be increased or easemenrts provided as necessary to include all cut-and-fill slopes necessary for road construction wnd maintenance. In calculating this widths all slopes will be cakulated at the rate of three feet horizontal to one foot vertical except in those cases where a+dequafie engineering reporg are submitted by the subdivider to assure the town council that the back slopes will be stablEe at steeper slopes. In areas a f unstable soils additional slope protection shall be provided .for as indicated be a soils engin! e& Right-of-way widths or easements have not been provided for all cut-and-fill slopes necessary for road construction. Proposed cut and fill slopes are 2H:1 V. If adequate easements are prcnvided for road construction for Lots 21 A, 21 B, & 21 C at the propos W 2H: I V cut and fill slopes, there will be extremely limited developable area due to existing sewer and electric easements. ff the CATEMMILDR[DGEMIdridge PUD Amendment.doc Lot 30 & Lot 21 - Block 2 - PUD Amendment Wildridae, Town of Avon, Colorado (continued) required 3 H:1 V cut and fill slopes are design the road can not be constructed without retaining walls, as the existing slopes are steeper than 3H:1 V. 8) 1640.070 Roadway widths - Roadway widths will be designed and constructed in accordance with the following table: Street Classification Driving Surface Width Shoulder Each Side Parkin Drainage Each Side Local Street 22 feet 4 feet Not allowed 10 eel The proposed road should have a total width of 30 feet including asphalt driving surface and shoulders. The total width of the proposed road is 25 feet. 9) 16 40.080 Grades, curves, and sight distance Minimum Street Design Maximum Minimum Curve Stopping Sight Classi tcation Seed Grade Radius Distance Local Street 30 mph 8% 100 feet 200 eet (1) Design in accordance with Design of Roadside Drainage Channels, US Bureau of Public Roads. (2) Maximum grades for distance equal to the stopping sight distance from intersection shall be six percent. In addition, the maximum grade for fiftyfeet, from the intersection shall be four percent. Actual proposed road grades are 8.5%. Proposed grade through cul-de-sac 8.0% does not provide adequate stopping sight distance or proper grades at intersections. Providing adequate grades in the cul-de-sac would dramatically increase the disturbance required for road construction. 10) 16 40.090.A Relationship to adjacent slopes - On all areas of land proposed for subdivision whereon the general configuration of the undisturbed surface slopes twenty percent or more in any direction (meaning that twentyfeet of elevation is gained or lost in each one hundred feet measured horizontally), a grading plan showing revised contours for street construction through such areas shall be submitted. Such plan shall depict the extent and slope of cut-and-fill areas created by street construction and insure provision for vehicular access to each lot created by the proposed subdivision and served by the road to be constructed Any proposed retaining structures shall be designed in detail with cost estimates. All cut-cad-fill slopes and retalming structures shown as a result of street construction shall be located within the proposed dedication of street right-of-way or provided easements. Driveway access to each lot has not been demonstrated in compliance with Town of Avon Design guidelines requiring that the grade of the first 20 feet of driveway adjacent and perpendicular to the paved public way shall not exceed 4% grade. Additional Items to Consider: I ) Verify water rights with the Eagle River Water & Sanitation District. 2) Verify traffic counts and impacts on adjacent June Creek TraiL 3) Geologic assessment of debris flow should evaluate danger to future structures. 4) Emergency vehicle access in respect to length of dead end road, grade of road, size of cul-de-sac should be verified with all appropriate emergency agencies. ANN& 5) There are other Wildridge lots as large or larger than the proposed lots to be subdivided. This may open the possibility for similar PUD amendments in the future. 6) The access to Lot 22 proposes an engineered structural retaining wall in the right-of-way. 9,`k I hereby declare that I DO NOT SUPPORT the Wildridge PUD Amendment proposing the subdivision of Lots 21 and 30, BlocK2 Wildridge. • I understand that the proposal would subdivide the two lots, currently zoned for one duplex each (4 total units) to 10 single family lots (10 total units). • I understand the proposal calls for the extension of June Creek Trail by approximately 900 linear feet • I understand that the developers propose to provide up to $25,000 towards the installation of a play area at the corner of June Creek Trail and Old Trail Road. DO NOT SUPPORT increasing the density of said lots in any manner 1 DO NOT SUPPORT extending June Creek Trail beyond its originally constructed and platted cul-de-sac Name Signature Address Bul; . rid . Ld -r; 3. 5. r- tom/ (,' %: y - ? x ?-? °z.?? . ; ? .? ; t,. t_t ? .L,L.4.•? - =? l- r / 8.R" SCAneJe 10. ` • 11. 12. ie), I hereby declare that I DO NOT SUPPORT the Wildridge PUD Amendment proposing the subdivision of Lots 21 and 30, Block 2 Wildridge. • I understand that the proposal would subdivide the two lots, currently zoned for one duplex each (4 total units) to 10 single family lots (10 total units). • I understand the proposal calls for the extension of June Creek Trail by approximately 900 linear feet • I understand that the developers propose to provide up to $25,000 towards the installation of a play area at the corner of June Creek Trail and Old Trail Road. DO NOT SUPPORT increasing the density of said lots in any manner DO NOT SUPPORT extending June Creek Trail beyond its originally constructed and platted cul-de-sac Name Signature Address 1. T K f- Ls,4 t `lo o 2. M M. MSq -Jn 4. 5. / f'lE?6/??- ftiX 6. i?wy K, u1fG,e_-z 7. ?lph /? l??arni?{ 8 9. 10. 11. 12. n 9d ?v ?IZK 4tL kOAO y? S. w/L) 2 / n• ;-) 11 4V I hereby declare that I DO NOT SUPPORT the Wildri proposing the subdivision of Lots, I and 30, Block 2 WifdrPi UD Amendment dge. • I understand that the proposal would subdivide the two for one duplex each (4 total units) to 10 single family lots lots, currently zoned • I understand the proposal calls for the extension o (10 total units). approximately 900 linear feet f June Creek Trail by • I understand that the developers propose to provide up the installation of a play area at the corner of June Creek Trail and Old Trail I DO NOT SUPPORT increasing the density of said lots in any manner I DO NOT SUPPORT extending June Creek Trail be and platted cul-de-sac beyond its originally constructed Name 1. 2 3. 4. 5. 7. L (_ 9. 5?? l 10. Addre C aU3 > - L) 51 I hereby declare that I DO NOT SUPPORT the Wildridge PUD Amendment proposing the subdivision of Lots 21 and 30, Block 2 Wildridge. • I understand that the proposal would subdivide the two lots, currently zoned for one duplex each (4 total units) to 10 single family lots (10 total units). • I understand the proposal calls for the extension of June Creek Trail by approximately 900 linear feet • I understand that the developers propose to provide up to $25,000 towards the installation of a play area at the corner of June Creek Trail and Old Trail Road. I DO NOT SUPPORT increasing the density of said lots in any manner I DO NOT SUPPORT extending June Creek Trail beyond its originally constructed and platted cul-de-sac 'C 2. 3. 4.? 7. )1 8. 9. `A' /L LU of ?i l ?l 1Oj 11. ? 12. OT qa. I hereby declare that I DQNOT SUPPORT the Wildridge PUD Amendment proposing the subdivision of Lots 21 and 30, Black 2 Wife. • I understand that the proposal would subdivide the two lots, currently zoned for one duplex each (4 total units) to 10 single family lots (10 total units). • I understand the proposal calls for the extension of June Creek Trail by approximately 900 linear feet • I understand that the developers propose to provide up to $25,000 towards the installation of a play area at the corner of June Creek Trail and Old Trail Road. I DO NOT SUPPORT increasing the density of said lots in any manner DO NOT SUPPORT extending June Creek Trail beyond its originally constructed and platted cul-de-sac Name 2,1t ?e ? no 3, _S(A Z O n" 2, L 4. WzEw,,5? 6, 7. L3? Signature Address V0, r0,_1 oft 1 c? I"At L 5 I v? 10. 11. •12 As a resident of the Wildridge subdivision, in the town of Avon, Colorado, I hereby declare that I DO NOT SUPPORT the subdivision of Lots 21 and 30, Block 2, Wildridge. • I understand that the proposal would subdivide the two lots, currently zoned for one duplex each (4 total units) into 10 single family lots (10 total units). • In addition, I understand that June Creek Trail would be extended by approximately 900 linear feet. • I also understand that the developers propose to provide $25,000 to the Town of Avon towards the installation of a play area at the corner of June Creek Trail and Old Trail; Road. Name Signature 1T 3. /f-r?EG l-?si' 5. ?jtS?"? no ---? r r ?'W6 10. 11. 12. 13. Address 513 4 ?h2/fE c?ctak?/Pecr/? ?J ,- Z 35 A SUh 9 14. a/ b401OVr6- 0110 I hereby declare that I DO NOT SUPPORT the Wildridge PUD Amendment proposing the subdivision of Lots 21 and 30, Block 2 Wildridge. • I understand that the proposal would subdivide the two lots, currently zoned for one duplex each (4 total units) to 10 single family lots (10 total units). • I understand the proposal calls for the extension of June Creek Trail by approximately 900 linear feet • I understand that the developers propose to provide up to $25,000 towards the installation of a play area at the comer of June Creek Trail and Old Trail Road. I DO NOT SUPPORT increasing the density of said lots in any manner DO NOT SUPPORT extending June Creek Trail beyond its originally constructed and platted cul-de-sac Name Signature 1. ? ? 5c? 2b ?o?? ?.?5 e??o-??-- ?n P? ? ? 3 ?-0 ? ???? ? c o , ? r ? z.-L= • 2 Address ?D.Giu Z1? lc 4?1f, (;'. )b3/ l?ll?/SOS' Avow Co Y& ,o 3. belue ?jrgMM 1 4. 5. 1L`DI1 /2]la 6. 11&1 0,a f I 7. SJ+e Cie- v 8. 6 ETA 0 Q M 9. '-1 rFA NV Zt??F_ 10. 11. )w &rWU O 12. Srein p17 aX <: co IL 2 &Tj v /63?L_ 3 f-u ) Fo ,rc a\ I hereby declare that I DO NOT SUPPORT the Wildridge PUD Amendment proposing the subdivision of Lots 21 and 30, Block 2 Wildridge. n • I understand that the proposal would subdivide the two lots, currently zoned for one duplex each (4 total units) to 10 single family lots (10 total units). • I understand the proposal calls for the extension of June Creek Trail by approximately 900 linear feet • I understand that the developers propose to provide up to $25,000 towards the installation of a play area at the corner of June Creek Trail and Old Trail Road. I DO NOT SUPPORT increasing the density of said lots in any manner DO NOT SUPPORT extending June Creek Trail beyond its originally constructed and platted cul-de-sac Name 1. (Inai 1, P , )o 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12 Signature Address PO 80X C0? ?{- R Go c, (io Q? O 1_:;S&x < Z4?,% c7fC'r'S ?8?bd ?104 0-, , fl <916,4 0 Z. As a resident of the Wildridge subdivision, in the town of Avon, Colorado, I hereby declare that I DO NOT SUPPORT the subdivision of Lots 21 and 30, Block 2, Wildridge. • I understand that the proposal would subdivide the two lots, currently zoned for one duplex each (4 total units) into 10 single family lots (10 total units). • In addition, I understand that June Creek Trail would be extended by approximately 900 linear feet. • I also understand that the developers propose to provide $25,000 to the Town of Avon towards the installation of a play area at the corner of June Creek Trail and Old Trail Road. Address 1. 2. 3. 7 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. q? Signature Name As a resident of the Wildridge subdivision, in the town of Avon, Colorado, I hereby declare that I DO NOT SUPPORT the subdivision of Lots 21 and W, Block 2, Wildridge. • I understand that the proposal would subdivide the two lots, currently zoned for one duplex each (4 total units) into 10 single family lots (10 total units). • In addition, I understand that June Creek Trail would be extended by approximately 900 linear feet. • I also understand that the developers propose to provide $25,000 to the Town of Avon towards the installation of a play area at the corner of June Creek Trail and Old Trail Road. Name Signature Address kwa a ? t-;O 2. P- MA? 0 4. I top ?- 6. 7. 8. 9. 10. 11. 12. 13. 14. As a resident of the Wildridge subdivision, in the town of Avon, Colorado, I hereby declare that I DO NOT SUPPORT the subdivision of Lots 21 and 30, Block 2, Wildridge. • I understand that the proposal would subdivide the two lots, currently zoned for one duplex each (4 total units) into 10 single family lots (10 total units). • In addition, I understand that June Creek Trail would be extended by approximately 900 linear feet. • I also understand that the developers propose to provide $25,000 to the Town of Avon towards the installation of a play area at the corner of June Creek Trail and Old Trail Road. 1. C z. . 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. u i-) t?-161 -CIA A) n -16 Name Signature Address I hereby declare that I DO NOT SUPPORT the Wildridge PUD Amendment proposing the subdivision of Lots 21 and 30, Block 2 Wildridge. • I understand that the proposal would subdivide the two lots, currently zoned for one duplex each (4 total units) to 10 single family lots (10 total units). • I understand the proposal calls for the extension of June Creek Trail by approximately 900 linear feet • I understand that the developers propose to provide up to $25,000 towards the installation of a play area at the corner of June Creek Trail and Old Trail Road. I DO NOT SUPPORT increasing the density of said lots in any manner I DO NOT SUPPORT extending June Creek Trail beyond its originally constructed and platted cul-de-sac Name I- CC 2. G?6 rG>E 3. h u' kk e 4. 5. 6. 7. 8. 9. 10. 11. 12. Signature Address E fox 3 Z9D?j Jv t 6G, Tva, / o y Cry Recording Secretary Town of Avon Post Office Box 975 Avon, CO 81620 Gary and Greta Blamire 4071B Wildridge Rd. Avon, CO 81620 February 2, 2004 We are writing to express our opposition at the proposed zoning changes in our neighborhood. Specifically, the changes proposed to lot 30 and lot 21 in Wildridge. A 250% increase;in density is conipletely against the nature of the neighborhood. When we bought our house the zoning was clearly explained to us, and we very carefully researched the zoning in our view area. Those were the rules we agreed to when we bought our property. The owners of Lot 30 and Lot 21 agreed to the present zoning also when they bought their property. To attempt to change the zoning now for their gain and the other property owner's losses is wrong. Besides our personal concerns about the damage to our investment, there are the safety concerns of extending June Creek into an area of greater than 8% grade. How would that affect ambulance and fire services? Also, we're concerned about the environmental effect of building homes on a greater than 40% grade. We are opposed to this and to any variance in the original zoning completed in 1981. At that time there was a comprehensive look at the area, and the platting done then should be respected. The factors in-volved in these two lots being zoned for 1 duplex have not changed. If the area had been considered build able, it would have been platted that way. Gary and Greta Blamire 4071 Wildridge Road n l A January 31,2004 To: The Town of Avon, per hand delivery Att: Town Council, c/o Mr. Buzz Reynolds, Mayor Copy to: The Planning and Zoning Commission ?+? tit/ Gov G' C?L?/ •Z-fC 2 Z! Ref Lot 30 & Lot 21 - Block 2 - PUD Amendment, Wildridge. Dear Buzz I am writing to express my opposition to the above proposal. My principal reasons are as follows: 1. I am not prepared to abandon my rights as to development of my property at 4550 Flat Point without compensation. As you know I built a single family home theyre and may well want to expand it to a Duplex at some future date. 2. I question the Developers' assertion that "there exists a level of public support for this PUD Amendment of Wildridge homeowners that far outweighs public opposition to it". Who are these supporters and what are their interests. 3. I question the Developers' assertion that this proposal has "Town of Avon - Staff Support". All I have seen is a hand drawn sketch of some 10 sliver lots on extremely steep topography with difficult access. I believe point one above is selfexplanatory. If the Town wants to amend the original Wildridge Development plan and is prepared to legally protect all my rights, that is another matter. It is unreasonable to claim that the "Migration of Duplex Units to Single Family Units" is justification for an increase in density which was not part of the original intent of the Development. Furthermore, a PUD Amendment as requested may infringe upon my present and future rights and at the very least may be legally questionable. The second point raises questions as to the veracity and quality of this proposal. The last point raises questions about the integrity and quality of Town Staff. I remember well the trouble I had in building my own home. There was the need to move the dwelling in order to meet the 35' height limitation, a $15000 escrow requirement for landscaping to obtain a TCO, setback and snow storage requirements etc. etc., all good ideas which I complied with willingly. As it subsequently turned out I observed and began to suspect there was one set of rules for a private builder and another for Developers. I cannot conceive that Town Staff has any idea how these two lots can successfully be developed with 10 single dwellings on them while at the same time meeting all the requirements which were placed upon me and presumably are enshrined in Town building codes. E E .3 This leads me to the conclusion that if this project were approved these particular applicants will be back to the Town time and time again with requests for variances which will be granted because, after all, Town Staff supported this proposal. In Summary: This proposal's main premise of claiming other owners' development rights to circumvent traffic and density concerns is legally questionable. At least some of the justifications are factually unsupported and throw the veracity of the entire proposal into question. The submitted material as to layout, feasibility of construction, elevations, setbacks etc. is so sketchy that Town Staff could not possibly have rendered a reasoned judgement supporting this proposal. The question can reasonably be raised, why would they lend their support if in fact they did. Lastly, approval of this project would set a precedent which could lead to development of a number of similar properties within the Development and which would damage its nature and character irreparably. Accordingly I respectfully request that the Planning and Zoning Commission not recommend favorably on this application. I also ask Council to deny this application. Sincerely, John W. Eschenlohr, ( P.Eng.) 1?1 00 This leads me to tie conclusion that if this project were approved these particular applicants will be lack to the Town time and time again with requests for variances which will be granted because, after all, Town Staff supported this proposal. In Summary: This proposal's main premise of claiming other owners' development rights to circumvent traffic and density concerns is legally questionable. At least some of the justifications are factually unsupported and throw the veracity of the entire proposal into question. The submitted material as to layout, feasibility of construction, elevations, setbacks. etc. is so sketchy that Town Staff could not possibly have rendered a reasoned judgement. supporting this proposal. The question can reasonably be raised, why would they lend their support if in fact they did. Lastly, approval of this project would set a precedent which could lead to development of a number of similar properties within the Development and which would damage its nature and character irreparably. Accordingly I respectfully request that the Planning and Zoning Commission not recommend favorably on this application. I also ask Council to deny this application. Sincerely, John W. Eschenlohr, (P.Eng.) 11 \O° Date: Z1Z 16 5'l Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning Commission As a property owner of 3j I (we) must voice concern of opposition to the proposed redevelopment of lots 21 and 30, Block 2 in Wildridge. When I first sought out a lot (home) in Wildridge, I locked at all available lots in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: A) The abundant open space for recreation areas around the lots and B) The density Now, with`. this proposal, there would be an increase in density which was not approved at the time I purchased my (our) lot. This re-zoning would have a significant negative effect my (family's) enjoyment of our investment. More importantly, it will adversely effect the quality of life for the many residents of Wildriidge that use June Creek trail for walking, mountain biking, snow shoeing and a variety of other recreational pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zonfmg of other duplex parcels that will rwgatively impact the quality of life for all property owners in thits great neighborhood. I (we) implore you to reject this application in its entirety! Thank you for your time and consideration in this maser. -' L------ ,7- o S • IAA February 2, 2004 Recording Secretary Town of Avon P.O. Box 975 Avon, CO 81620 RE: Re-zoning lots 21 and 30, Block 2, Wildridge Planning and Zoning Commission: I am the owner of 2920A June Creek Trial and I have recently had the opportunity to review the proposal to re-zone the duplex parcels of lots 21 and 30, Block 2 in Wildridge. Based upon what I have reviewed, I must hereby formally object to the proposed redevelopment. Unfortunately, I will be unavailable for the meeting scheduled for February 3, 2004, because I did not receive notice of the same. However, I' would like my objection noted in the record on this matter, as an aggrieved and/or affected property owner, so that I may maintain standing throughout this process. u As a municipal government attorney and a resident of this very peaceful community, I am extremely concerned about the Town altering the zoning in this area to benefit a private developer. More specifically, the zoning in the area was relied upon by many families when they decided to purchase homes on this quiet street, and the proposed change would be an increase in density which was not approved at the time we purchased our lots. Obviously, if this re-zoning gains approval it will have a significant negative impact on my enjoyment of my very significant investment and I will undoubtedly be damaged. More importantly, it will adversely impact the quality of life for the many residents of Wildridge that use June Creek trail for walking, mountain biking, snow shoeing and variety of other recreation pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hardship for all my neighbors in block 2 of the Wildridge subdivision. In consideration of the foregoing, I strongly encourage and implore you to reject this application in its entirety. Thank you for your time and consideration in this matter. Very truly yours, J. Matthew Mire (970) 479-2107 v Go --± Date: 2 Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning Commission (?f] As a prope <<D 1 ? ??' ' ` # ?Twe) must voice concern of opposition evaw of to the proposed redevelopment of lots 21 and 30, B1ock 2 in Wildridge. When I first sought out a lot (home) in Wildiidge, I looked at all available lots in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: A) The abundant open space for recreation areas around the lots and B) The density Now, with this proposal, there would be an increase in density which was not approved at the time I purchased my (our) lot. This re-zoning would have a significant negative effect my (family's) enjoyment of our investment. More importantly, it will adversely effect tlw quality of life for the many residents of Wildridge that use June Creek trail for walking, mountain biking, snow shoeing and a variety of other recreational pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2 of the WildridgX subdivision. In closing, it will set a bad precedent for furore re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners in this great neighborhood. I (we) implore you to reject this application in its entirety! Thank you for your time and considerations in this matter. ? Mct ?l ,10 0- Date: "{ 1 Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning Commission r., As a property owner of (we) must voice concern of opposition to the proposed redevelopment of lots 21 and=30, Block 2 im Wildridge. When I first sought out a lot (home) in Wildridge, I looked at all available lots in the subdivision. When I decided upon my lot, the major considerations in that decision to purchase were: A) The abundant open space for recreation areas around the lots and B) The density Now, with this proposal, there woulai be an increase in density which was not approved at the time I purchased my (our) lot. This re-zoning would have a significant negative effect my (family's) enjoyment of our investment. More importantly, it will adversely effect the quality of life for the many residents of Wildridge that use June Creek trail for walking, mountain biking, snow shoeing and a variety of other recreational pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hard ship for all my neighbors in block 2, of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that will negatively impact the quality of life for all property owners in this great neighborhood. I (we) implore you to reject this application in its entirety! 'T'hank you for your time and consideration in this matter. L' 11a-? • Date: j l Recording Secretary Town of Avon PO Box 975 Avon, CO 81620 TO: Planning and Zoning Commission As a property owner of !j? ( C? ?UTC R I l (we) must voice concern cif opposition to the proposed redevelopu ent of lots 21 and 30, Block 2 in Wildridge. When I first sought out a lot (home) in Wildridge, I looked at all available lot in the subdlivision. When I decided upon my lot, the major considerations in that decision to purchase were: A) The abundant open space for recreation areas around the lots and B) The density of about one unit per acre is Now, with this proposal, there would be an increase in density which was not approved act the time I purchased my (our) lot. This re-zoning would have a significant negative affect my (family' s) enjoyment of our investment. More importantly, it will aciversely effect the quality of life for the many residents of Widdridge that use June Creek trail for walking, mountain biking. Snow shoeing and variety of other recreation pursuits. Not to mention the increase of traffic on June Creek Trail that will result in a hmrd ship for all my neighbors in block 2 of the Wildridge subdivision. In closing, it will set a bad precedent for future re-zoning of other duplex parcels that willl negatively impact the quality of life for all property owners I this great neighborhood. I (we) imploire you to reject this application in its entirety! Thank you for your time and consideration in this matter. • 11Q? Memo To: Honorable Mayor and Town Council Thru: Lang Brooks, Town Manager From: Norman Wood, Town Engineer Date: January 29, 2004 Re: Formations LLC / Plavec PUD Amendment Sketch Plan (2631 Bear Trap Road & 2967 June Creek Trail) Summary: Formations LLC/Plavec has submitted application for Subdivision Sketch Plan approval in conjunction with a PUD Amendment Application for Lots 30 and 21, ® Block 2, Wildridge. The proposed PUD Amendment would convert two duplex lots to ten single-family lots. The Subdivision Sketch Plan Application shows the proposed layout of the lots, street extension to provide access, and water and sewer service extensions to service the new lots. The purpose of the Review is to determine suitability of the sketch plan and establish guidelines and conditions for proceeding to preliminary plan, or provide reasons for not proceeding to preliminary plan. Per Section 16.16.030 of the Avon Municipal Code, the factors to be considered in the review of a subdivision sketch plan are: A. Conformance with the master plan, policies, guidelines, zoning and other applicable regulations; B. Suitability of the land for subdivision; C. Reports and studies of significant hazards, areas or activities of local interest. The PUD Staff Report to the Planning and Zoning Commission indicates that Staff does not believe that the proposed PUD is in conformance with the master plan, policies and guidelines of the Town as related to the application. Further a review of material submitted with Sketch Plan / PUD Application indicates that a significant number of modifications or variances will be required to conform to requirements of the subdivision code. The proposed layout appears to create at least one lot that consists of slopes 40% and steeper over the entire area. Another lot is located below the sanitary sewer line creating a sewer service problem for that particular lot and in addition the only access to this lot appears to be over a 20-foot plus retaining wall. 0 FAPIanning & Zoning Commission\StaffReports\2004\020304\L30-2Ib2wrsketeh-I I. Doc d In summary, we believe the subdivision as proposed is not suitable and should not proceed to preliminary plan for the following reasons: 1. The proposed PUD Amendment and corresponding Sketch Plan may be incompatible and inconsistent with the Town's Master Plan, Policies and Guidelines 2. The land is unsuitable for the subdivision as proposed 3. The proposed subdivision creates lots without reasonable access 4. The proposed subdivision creates at least one lot without gravity sewer service 5. The proposed subdivision creates at least one lot with no area having less than a 40% slope. 6. The proposed subdivision must include Lot 22, Block 2, Wildridge as part of the application to provide the June Creek Trail Road extension as indicated 7. The proposed subdivision provides an additional drain on the Town's General Fund with projected annual Property Tax Revenues of $4,640.63 and annual increased Municipal Services costs $9,385.20 as projected in documentation submitted with the application. Note: Other revenues projected in the documentation are one time revenues to off-set corresponding expenses or are destined to other funds such as the Water or Capital Improvement Funds which are not applicable to the Town's annual operating costs. C Recommendation: Deny Subdivision Sketch Plan Approval for the following reasons: 1. The proposed PUD Amendment and corresponding Sketch Plan may be incompatible and inconsistent with the Town's Master Plan, Policies and Guidelines 2. The land is unsuitable for subdivision as proposed 3. The proposed subdivision creates lots without reasonable access 4. The proposed subdivision creates at least one lot without gravity sewer service 5. The proposed subdivision creates at least one lot with no area having less than a 40% slope. 6. The proposed subdivision must include Lot 22, Block 2, Wildridge as part of the application to provide the June Creek Trail Road extension as indicated 7. The proposed subdivision provides an additional drain on the Town's General Fund with projected annual Property Tax Revenues of $4,640.63 and annual increased Municipal Services costs $9,385.20 as projected in documentation submitted with the application. • Page 2 No0 Proposed Motion: I move to deny Proposed Subdivision Sketch Plan for Lot 30 and 21, Block 2 Wildridge, Town of Avon, Eagle County, Colorado for the following reasons: 1. The proposed PUD Amendment and corresponding Sketch Plan are incompatible and inconsistent with the Town's Master Plan, Policies and Guidelines 2. The land is unsuitable for subdivision as proposed 3. The proposed subdivision creates lots without reasonable access 4. The proposed subdivision creates at least one lot without gravity sewer service 5. The proposed subdivision creates at least one lot with no area having less than a 40% slope. 6. The proposed subdivision must include Lot 22, Block 2, Wildridge as part of the application to provide the June Creek Trail Road extension as indicated 7. The proposed subdivision provides an additional drain on the Town's General Fund with projected annual Property Tax Revenues of $4,640.63 and annual increased Municipal Services costs $9,385.20 as projected in documentation submitted with the application. Town Manager Comments: , f C • Page 3 ?'O MARCIN ENGINEERING LLC MEMO This memo is in response to the questions of engineering feasibility that are currently at hand with the Lot 30 and 21 P.U.D. application. 10' Front building setbacks are being proposed for all proposed lots to minimize site disturbance. This has been done on other lots in the Wildridge development and in compliance to prior meetings with the Town, we believed to be acceptable. • The two example site plans that have been prepared and are part of your P.U.D. application are constructible and of adequate preliminary design. The proposed contours for the individual lot, tie into the proposed contours for the road grading. • Overall, the proposed road vertical alignment matches the existing road vertical alignment. The proposed road is graded at 8.5% from the existing cul-de-sac to match the existing grade at the end of the proposed cul-de-sac. The existing Forest Service has varying grades. The new road will be a constant 8.5 % with a wider platform than that existing road platform. Marcin Engineering has value- engineered a horizontal alignment that balances cut and fill. • The lots that are proposed can all be developed in a similar fashion to many other lots that exist in Wildridge. As common in Wildridge, retaining walls will be needed in order to match proposed grades around the house(s). Adequate driveways with turnaround areas will be attainable within these individual site designs. • For the proposed lots, the site disturbance associated with each lot will be approximately 30-35 percent. This is within Town of Avon regulations and are of equal or less disturbance than existing home sites. • A final sanitary sewer design has not been completed. However, using common construction practices, each lot will be able to be serviced with sanitary sewer. 11 G} A.VZ_ z/i/u- PO Box 1062, Avon Colorado 81620 (970) 748-0274 I-A 42-03-04 16:48 From-OTTEN JOHNSON ROBINSON NEFF & RAGONETTI 303 825 6525 T-643 P.002/005 F-390 OTTErT, J011a-TSON, R0B1TTS0N, NnF F & AAG?ONETTT, P.C. ATTORNEYS AND COUNSELORS AT LAW 950 SEVENTEENTH STREET DENVER SU(TE Ieoo ASPEN DENVER, COLORADO 80202 STEAMBOAT SPRINGS MUNSEY L. AYERS, JR. TEI EPHONE 303-e25-e400 DIRECT DIAL (303) 575-7555 FAX 303-825-59525 BRUCE B. JOHNSON MUNSEY@OJRNR.CDM WWW.OTTENJOHNSON.COM (194G-2000) 1ebruary 3, 2004 Formations LLC P.O. Box 2852 Avon, CO 81620 Attention: Shane Bohart Re: PUD Amendment and Subdivision Sketch Plan Application for Lots 21 and 30. Block 2. Wildrid?e Subdivision Dear Shane: On February 2, 2004, 1 received copies of two staff reports prepared in connection with today's Planning and Zoning Commission ("P&Z") meeting. The first staff report (the "PUD Report"), prepared by Ruth Borne and (fated January, 28, 2004, addresses your application for an amendment to the Wildridge PUD (tile "PUD Amendment Application"). The second staff report (the "Sketch Plan Report"), prepared by Norm. Wood and dated January 29, 2004, addresses your application for sketch plan approval to subdivide Lot 21 into a total of 5 lots and to subdivide Lot 30 into a total of 5 lets (the "Sketch Plain Application'. Lots 21 and 30 are referred to in this letter as the "Property." This letter analyzes the positions set forth in the PUD Report and the Sketch Plan Report in terms of the legal standards and requirements that apply to the Town's processing of the PUD Amendment Application and the Sketch Plan Application, respectively, as described in the Avon Municipal Code ("AMC"). Dtle to the limited time available to me for review of the PLTD Report, the Sketch Plan Report, the PUD Amendment Application, the Sketch Plan Application, and other related materials, and because I have not been involved in the processing of the applications, this letter will necessarily address issues oD a general rather than highly detailed level. As an initial matter, I note that the hearing set for this evening is the first in a series of procedural steps that will occur before any development pursuant to the PUD Amendment Application and Sketch Plan Application can occur on the Property. The PUD Amendment process (a rezoning of the Property) and the subdivision process (creating legally conveyable lots), while integrally related, are independent multiple-step processes. The subdivision process in particular involves three steps that involve increasing levels of detail, thus affording both the Town and the applicant with opportunities to refine and adjust the application in response to whatever technical issues arise. .-82-03-04 16:48 From-OTTEN JOHNSON ROBINSON NEFF & RAGONETTI 303 825 6525 T-643 P-003/005 F-390 Formations LLC February 3, 2004 Page 2 1. >PUD REPORT. With respect to the PUD Amendment Application, Town Council must conduct a public hearing (AMC §§ 17.20.110C.3, 17.28.050, 17.28.060) after receiving a recommendation from P&Z (AMC § 17.28.050). In reviewing, recommending and issuing a final decision on the PUD Amendment Application, the same procedures apply as for the processing and approval of an initial PUD (AMC § 17.20.11OK.1). Accordingly, staff, P&Z, and Council must apply the design criteria set forth in AMC § 17.20.110H. The applicant's submittal must meet the requirements of AMC § 17.20.110D, and the applicant must demonstrate compliance with the design criteria set forth in AMC § 17.20.110H. The PUD Report acknowledges that the PUD Amendment Application submittal rneets the requirements of AMC § 17.20.1101. With respect to the design criteria set forth in AMC § 17.20.110H, the PUD Report recognizes the public benefits of the PUD Amendment Application and its general compliance with the applicable design criteria. However, it concludes with a recommendation of denial that is primarily based on subjective statements regarding the proposal's compatibility with surrounding development within Wildridge. Those subjective statements are inconsistent with the fact that all of the lots in the immediate vicinity of the Property are approximately 1 acre or less in land area. In fact, most of the adjacent lots have a land area of between .5 and .75 acres. The general development pattern within Wildridge is consistent with lot sizes of approximately 1 acre. Therefore, there is no basis upon which to rationally conclude that the approximately 1 acre single-family residential lots proposed in the PUD Amendment Application are incompatible with surrounding single-family residential lots that are also approximately 1 acre in size. Another underlying theme of the. PUD Report is that the proposed lots contain substantial areas with slopes of 40% or greater. It is my understanding that there is sufficient land area along the proposed June Creek Trail extension to provide more than adequate building envelopes that have slopes of substantially less than 40%. In particular, I note that the "Development Standards" criteria discussed on pages 5 and 6 of the PUD Report states that "Existing Site > 40% Slope" is 47.3% of the total site area of the Property. It goes on to state that "[a]ll of the development standards are consistent with the current Town of Avon and Wildridge standards with the exception of the 10'0" front-yard setback. Therefore, as the PUD Report expressly acknowledges, the PUD Amendment Application is consistent with the surrounding development patterns within Wildridge, which contains typical lots of approximately 1 acre in area and which also have non-buildable areas where slopes exceed 40%. As for the 10 foot front setback, it is my understanding that staff actually suggested that you incorporate this reduced setback. Ia any event, that is a matter that could be adjusted through the subdivision process and/or as a condition of approving the PUD Amendment Application. It should not, in and of itself, be an adequate reason for recommending denial. Based on my review of the PUD Report and other materials that you have provided to me, it is apparent that the PUD Amendment Application is in material compliance with the U c-ua-va 16:48 From-OTTEN JOHNSON ROBINSON NEFF & RAGONETTI 303 825 6525 T-643 P.004/005 F-390 Formations LLC February 3, 2004 Page 3 applicable design criteria as set forth in AMC § 17.20.11 OH. In fact, in the "Staff Comments & Recommendation" section of the PUD Report, it is apparent that staffs real concern with the PUD Amendment Application is that it does not perceive there to be a policy direction from Council for "any type of upzoning and splitting of development rights without legislation being created to do otherwise-" For that reason, staff has expressed concern with setting precedent by recommending approval of the PUD Amendment Application. This concern disregards the fact that Council has, through its adoption of the existing PUD amendment procedures set forth in the AMC, legislatively implemented its policy decision to allow amendments to existing PUDs that include, among othcr things, modifying previously approved densities. Moreover, Council's action in approving the PUD Amendment Application, should it ultimately choose to do so, will be a legislative decision in the form of an ordinance. For example, in Ordinance No. 01-17, Series of 2001, Council approved an amendment to the Wildridge PUD for Lot 12, Block 4, which had the effect of increasing the development rights from single-family to duplex. This nit only illustrates the point that there is a legislatively enacted policy in effect, which is implemented by an additional legislative approval in a given case, it also demonstrates that approval of the PUD Amendment Application would not establish any precedent with respect to this issue. In fact, it would simply be the implementation of an existing policy on PUD amendments, and would be consistent with similar actions that Council has taken in years past- 2. SKETCH PLAN REPORT. The subdivision process consists of three steps, of which the sketch plan process is the first. It is followed by the preliminary flan and the final plat. (AMC Title 16). In reviewing the Sketch Plan Application, Town Courtei l must review the application to "deterniine the suitability of the sketch plan and establish guidelines and conditions for proceeding to preliminary plan, or provide reasons for not proceeding to preliminary plan." (AMC § 16.16.040)_ The review criteria are set forth in AMC § 16.16.030, and are discussed in the Sketch Plan Report, which recommends denial. That recommendation is based entirely on two premises, neither of which are valid. First, the Sketch Plan Report incorporates the PUD Report's conclusion that the PUD Amendment Application is not consistent with the inastcr plan, policies and guidelines of the Town_ It provides no additional analysis in support of that conclusion. As discussed above, that conclusion as expressed in the PUD Report is erroneous and is not supported by the facts. Without restating all of the foregoing section here, the assertion that the PUD Amendment Application is not compatible with the surrounding development patterns is not supported by the sizes and grades of other lots within the Wildridge subdivision, and there are existing Town policies in place for amending PUDs in the manner requested by the PUD Amendment Application. Second, the Sketcb Plan Report identifies a handful of technical issues that might require modifications or variances in order to conform to requirements of the subdivision regulations. 11P ` 12-03-04 16:49 From-OTTEN JOHNSON ROBINSON NEFF & RAGONETTI 303 825 6525 T-643 P-005/005 F-390 Formations LLC February 3, 2004 Page 4 These include the possibility that one lot has no area of less than 40% slope (it is my understanding that this is not an accurate statement), the provision of sanitary sewer (by non- Gravity flow means) to one of the proposed lots, and access to the same lot. These are precisely the kind of technical issues that can and should be addressed through the more detailed engineering work that will accompany the prelinnary plan and final plat applications. Responding to these concerns m that process may result in a modification to the plan that reconfigures or eliminates one or more of the proposed lots, or it may result in a technical solution that satisfies the Town's subdivision regulations. In any case, it is inappropriate to recommend denial of the Sketch Plan Application rather than recommending approval with appropriate conditions that will direct the applicant toward further refinements in the plan during the review process for the preliminary plan and final plat. fn short, there is every reason to expect that the technical issues raised in the Sketch Plan Report can and will be resolved in the subsequent processes. Finally, the Sketch Plan Report recommendation of denial is also based on the assertion that the cost of Municipal Services will exceed the Property Tax Revenues. I note that such a fiscal analysis is riot part of the review criteria under the AMC, and is for that reason inappropriate to consider in the context of this review process. However, it is also my understanding that you are willing io voluntarily address this issue by imposing private covenants on the Property that will ensure the Town that development in accordance with the PLO Amendment Application and the Sketch Plan Application will not result in negative general fund revenue to the Town. 3. CONCLUSION. In conclusion, I see no basis in the PUD Amendment Report or in the Sketch Plan Report for staff or P&Z to recominend denial of either application- While there are a handful of technical issues to be resolved, there is no indication that those issues are of a nature that would preclude their successful resolution through the preliminary plan and final plat processes- In fact, they are precisely the kind of technical issues that are typically the subject of further refinement during those processes as the level of engineering detail increases. B eegar Munsey L. yer?IB311 for OTTEN, J OHNSONNEFF & RAGONETTI, P.C. MLA/abm 609334,1 01130!2004 1:28 303333110 LSC TRANSPORTATION PAGE 02 LSC TRANSPORTATION CONSULTANTS, INC. 1889 York Street Denver, CO 80206 (303)333-11.05 FAX (303) 333-1107 E-mail: lsc@lscdenver.com Web Site: http://wNviv.lscdenver.com j tC. Mr. Shane Bohart Formations, LLC P.O. Box 2852 Avon, CO 81620 Re: Wildridge PUD Amendment Lot 30, Lot 21 - Block 2 Avon, Colorado (LSC 0040170) Dear Shane: At your request, we have prepared a brief review of the traffic impacts of the Wildridge PUD Amendment for Lot 30, lot 21-Block 2 in Avon, Colorado. This proposal adds seven additional single-family dwelling units in the wildridge development. This report evaluates the trip generation and average daily traffic impacts of this proposal. Site Location The Wildridge development is located in northwestern Avon, north of Notthingham Road, near Metcalf Road and Wildwood Drive.* All traffic to and from the site must use Metcalf and Nottingham Roads. Trip Generation Estimates The Wildridge PUD Amendment will add seven single-family dwelling units to the area. Trip expected to be generated by the development have been estimated using data from 7wp Generation, 71 edition (2003), published by the Institute of Transportation Engineers (ITE), which is the standard used by the Town of Avon for its planning activities. These estimates are shown in Table 1. The site is expected to generate approximately 67 vehicle-trips on an average weekday, with five trips occurring during the morning peak-hour and eight trips during the evening peak-hour. It should be noted that the ITE rates are based on studies performed in predominantly suburban settings. The Town of Avon is located in a mountain resort area where there is a high percentage (15 - 30 percent) of second homes. The above estimates, therefore, should be considered conservatively high. .1 January 29, 2004 Uj / SCI/ Lr?C14 1 J : zo JCJJ.3.:i311 rJ e L:l, I KHAK:)ruK I (-i I IUIV r_i L U .I Mr. Shane Bohazt Page 2 January 29, 2004 Average Daily Traffic Impacts Figure 1 illustrates comparative average daily traffic volumes for 1990 (taken from the Felsburg Holt & Ullevig Avon Transportation Plan, 1991) and 2003 (based on counts taken in July, 2003 by TDA). Traffic on Metcalf Road has actually decreased (4,000 vpd in 1990 to 3,750 in 2003) while traffic on Nottingham Road has increased by about 50 percent (4,000 in 1990 to 6,020 in 2003). Figure 2 illustrates the impacts of the Wildridge PUD Amendment on existing traffic. The addition of 67 vehicles per day will increase average weekday traffic by 1.79 percent on Metcalf Road and 1. 1,1 percent on Notthingham Road. Summary and Conclusions Based on the foregoing analysis, the Wildridge PUD Amendment is expected to have negligible impact on the surrounding roadway Wildridge network, including Metcalf Road and Notting- ham Road. We trust this information will assist you in planning for the Wildridge PUD Amendment Please call if you have any questions. Respectfully submitted, LSC Transportation Consultants, By Alex J AJA/ we , P.E., P.T.O. Enclosures: Table X Figures 1 and 2 \\Server\d\LSC\Pmjccts\2004\040170\F-N.dtidRae -pd v t? E E 01/30/2004 11:28 3033331107 0 O N o (U wa u? C 0) ? ? O a d. v, = 0 -` Y F- to ma ? Z Q m > > ? -O N ? Q N t? O 2 r- O N ? H O J N Na ? c O co rj W O r J !0 C c 0 a O= 0 o N c U cd ?' ac o U. CD V .? c C ? 0 w a o CL < 4) ? .? a H vi o E O tm LU -q ¢3 a o CD a? _ Ir m w ;c a V c CY `r 0 T N m LL ? QI c 0 O O _ '- m N ? L) Z U D 0- d) = ,. t L E ai m m v U. 00 uJ H c Cn o D s N LSC TRANSPORTATION PAGE 04 o. 01!30/2004 17:28 3033331107 LSC TRANSPORTATION PAGE 05 . W O m m O tD ® ILL O _ Q t to Z M4 Cl ft W fa ... Page a <VO 01/30/2004 17:28 3033331107 c-10-03 01:24P Town of Avon G c u E 11 4 Q cD 0 a v? LSC TRANSPORTATION PAGE 06 970 748 1968 P.02 01/30/2004 11:26 jujjjj1l u r LbU I KANb5 UK I A 1 lUN r- xat G 4l ti L a) j "6 w-U O D f- ? y V I y -- a? o i'n c a? m u E E p 7 ? Ln M M r M W ? C 7 `'O W ? J M Al 01!30!2004 17:28 3033331107 LSC TRANSPORTATION PAGE 08 N ?U o ??c L ? ti U D r` Q -o ? ^o V S b ?e 'Pb uony 0 O 0 o m O b O a Pb??? W ow C a N ? H O \ O O -? O 0 V' II O 7_ O w c LL] IV) -<ti TOWN OF AVON RESOLUTION NO. 04-08 SERIES OF 2004 A RESOLUTION DENYING THE PUD AMENDMENT TO THE WILDRIDGE PUD FOR LOTS 30 AND 21, BLOCK 2, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Formations LLC (Lot 30) and George Plavec (Lot 21) have applied for an amendment to the Wildridge PUD to create ten (10) single-family lots on Lots 30 and 21, Block 2; and WHEREAS, after notices required by law, a public hearing on said application was held by the Planning & Zoning Commission and unanimously recommended denial in Resolution 04-08 on February 3, 2004; and WHEREAS, the Planning & Zoning Commission determined that the application failed to comply with the PUD criteri a set forth in Section 17.20.110, which include the following: a. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives have not been met as required by 17.20.110H(1) b. The overall design concept of this PUD Amendment fails to incorporate the existing topography with the proposed building locations. Extensive grading and retaining walls will be required to obtain 10 adequate building sites. 17.20.110H(2) c. The existing development rights on Lot 30 and 21 are incompatible with the immediate scale and character of existing properties, and the proximity to public forest service and open space tracts, while the proposed increased density of 10 single-family residences are not compatible. 17.20.110H(3) d. This PUD Amendment application is not responsive to the existing topography and natural features of Wildridge. 17.20.110H(4) NOW, THEREFORE, BE IT RESOLVED that the Avon Town Council hereby denies the application for an amendment to the Wildridge PUD to rezone Lots 30 and 21, Block 2 from two-duplex lots to ten (10) single-family lots (Lots 30A, 30B, 30C, 30D, 30E, 30F, 21A, 20B, 20C, 20D) based upon the following the failure to comply with the PUD criteria set forth in Section 17.20.110: \ti? a. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives have not been met as required by 17.20.110H(1) b. The overall design concept of this PUD Amendment fails to incorporate the existing topography with the proposed building locations. Extensive grading and retaining walls will be required to obtain 10 adequate building sites. 17.20.110H(2) c. The existing development rights on Lot 30 and 21 are incompatible with the immediate scale and character of existing properties, and the proximity to public forest service and open space tracts, while the proposed increased density of 10 single-family residences are not compatible. 17.20.11OH(3) d. This PUD Amendment application is not responsive to the existing topography and natural features of Wildridge. 17.20.110H(4) ADOPTED THIS DAY OF FEBRUARY 2004. TOWN COUNCIL TOWN OF AVON, COLORADO Mayor ATTEST: Town Clerk _J? Ah 11 0 To: Honorable Mayor and Town Council 7bru: Larry Brooks, Town Manager From: Scott Wright, Finance Director Date: February 19, 2004 Re: Resolution 04-07, Budget Amendment Summary: A budget amendment is proposed to the General Fund, Transit Enterprise Fund, Fleet Maintenance Fund, and Equipment Replacement Fund for various changes since the 2004 budget was adopted in November. These changes are summarized below by fund. General Fund There are a number of changes to the General Fund that in total increase the 2004 estimated ending fund balance by $37,950: • Reduction of fleet maintenance charges among several departments based on actual 2003 charges - $37,380. Also a reduction in the transfer-out to the Transit Fund for the same reason - $25,000 (see Transit Fund below). • Special events coordinator salary and benefits under-budgeted - $8,149. • Re-publishing of Town Municipal Code - $4,800. • Summer Fly Vail Program - $1,000. • $10,000 for addition legal fees for Malcolm Murray for legal work with Village issues. • Carryover of various un-filled purchase orders from 2003 - $9,064. • Addition of new Planner I position in Community Development. Change in classification and pay range for current Planner II position to Senior Planner - $$66,920. • Replacement of copier for Community Development by capital lease - $2,519. The copier was originally budgeted for replacement in the Equipment Replacement Fund. After analyzing the costs for purchase vs. lease, it appears Page 1 that the lease will save approximately $1,954 in maintenance and supply costs over the term of the lease. • Reduction in equipment replacement charges to Community Development (see above) - $2,062. • Net match for Federal grant to Police Department from U.S. Dept. of Justice for purchase of computers - $960. Total grant is $9,600. The Town is required to match 10% of the grant. Transit Fund • Reduction in fleet maintenance charges based upon 2003 actual charges - $25,000. This savings is offset by a reduction in the transfer-in from the General Fund. No net impact to the 2004 ending fund balance. Fleet Maintenance Fund The net change to the Fleet Maintenance Fund is an increase of $415 to the estimated 2004 ending fund balance. This is misleading because the net increase in 3`d party revenues is mainly offset by a reduction in the fleet maintenance charges to Town departments. This reduction is reflected in a $62,380 savings to the General Fund. 3'd party revenues increased by a total of $125,905 for the addition of maintenance contracts with Beaver Creek Metro and Smith Creek Metro. Other 3m party revenues were revised either up or down to reflect actual 2003 charges. Departmental fleet charges were reduced by $77,380 to reflect actual 2003 charges, as well. • Salaries and benefits were increased by a total of $47,549 to reflect the hiring of one additional mechanic to meet the additional work load demands. In addition, the line item for parts was increased by $15,561 to reflect the cost of additional parts for the new 3`d partiesA Equipment Replacement Fund The net change to the Equipment Replacement Fund is a decrease of $55,093 to the estimated 2004 ending fund balance as follows: • As noted above in the General Fund, a replacement copier for the Community Development Department was originally budgeted in the amount of $11,619. This has been removed since the copier will be lease-purchased. In addition, rent charges of $2,062 have been removed from revenues. • Purchase of 2 Bobcat Toolcats in the amount of $83,252. These will replace the holder tractor that was totaled due to falling through the ice at Nottingham Lake. The Town has received an insurance claim in the amount of $50,302 for the holder tractor. In addition, the Town had accumulated a total of $34,673 for replacement of the holder tractor. The total of the insurance proceeds and the accumulated rents are $1,723 more than the cost of the new Toolcats. • An error was made on the summary page in the amount of $20,500 for Fleet and Heavy Equipment. The amount reported and adopted was $102,800. The detail justification sheet was $123,300. • Page 2 2 Recommendation: Staff recommends that Council adopt the resolution discussed above as presented. Town Manager Comments: Attachments: A- Summary of Proposed Amendments by Fund B- Resolution 04-07 • Page 3 3 RESOLUTION NO. 004-07 SERIES OF 2004 A RESOLUTION TO AMEND THE 2004 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2004 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2004, AND ENDING ON THE LAST DAY OF DECEMBER, 2004. WHEREAS, the Town Council of the Town of Avon has adopted the 2004 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2004; and WHEREAS, the Town Council finds it necessary to amend the 2004 budget to more accurately reflect the revenues and expenditures for 2004; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are amended as follows for 2004: Original or Previously Amended 2004 Budget General Fund Beginning Fund Balance $ 3,373,340 Revenues and Other Sources 9,545,610 Expenditures and Other Uses 9,576,290 Ending Fund Balance $ 3,342,660 1 Current Proposed Amended 2004 Budget $ 3,373,340 9,554,250 9,623,900 $ 3,303 690 6 Original or Previously Amended 2004 Bu_ddet Transit Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Fleet Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Equipment Replacement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 1,998 1,714,216 1,710,160 $ 6,054 Original or Previously Amended 2004 Budget $ 65,724 1,545,629 1,542,324 $ 69,029 Original or Previously Amended 2004 Budget $ 1,140,850 396,441 177,914 $ 1,359.377 Current Proposed Amended 2004 Budget $ 1,998 1,689,216 1,685,160 $ 6.054 Current Proposed Amended 2004 Budget $ 65,724 1,609,154 1,605,434 $ 69,444 Current Proposed Amended 2004 Budget $ 1,140,850 444,681 270,047 1,315,484 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Town Manager and made part of the public record of the Town. 2 1p ADOPTED this 24th day of February, 2004. ATTEST: Patty McKenny, Town Clerk TOWN OF AVON, COLORADO Buz Reynolds, Mayor 11 General Fund #10 Amendment No. 1 Fund Summary I REVENUES Taxes Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Investment Earnings Other Revenue Total Operating Revenues Other Sources Sales of Fixed Assets Transfer-in From Capital Projects Fund Transfer-In From Employee Housing Fund Capital Lease Proceeds Total Other Sources TOTAL REVENUES EXPENDITURES General Government Community Development Public Safety Public Works Recreation and Culture Total Operating Expenditures Other Uses Transfers-Out to Mall Maintenance Transfers-Out to Debt Service Transfers-Out to Wildridge SID Transfers-Out to Finance Authority Transfers-Out to Transit Transfers-Out to Sherwood Meadows Total Other Uses TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCES, Beginning of Year FUND BALANCES, End of Year Original or Current Prev. Amend. Proposed Difference Actual Budget Budget Amendment Increase 2002 2003 2004 2004 (Decrease) $ 6,437,045 $ 6,254,926 $ 6,295,186 $ 6,295,186 $ - 571,557 200,251 132,050 132,050 - 603,235 655,910 694,981 703,621 8,640 1,470,174 1,760,081 1,832,782 1,832,782 - 44,603 58,675 50,750 50,750 - 103,463 117,500 140,000 140,000 - 238,873 306,810 269,061 269,061 - 9,468,950 9,354,153 9,414,810 9,423,450 8,640 2,362 5,000 5,000 5,000 - 200,000 50,000 50,000 - 1,407 - - - _ - 339,000 75,800 75,800 3,769 544,000 130,800 130,800 - $ 9,472,719 $ 9,898,153 $ 9,545,610 $ 9,554,250 $ 8,640 $ 1,962,978 $ 1,718,367 $ 1,664,452 $ 1,700,894 $ 36,442 480,411 427,423 437,410 502,610 65,200 1,561,029 1,621,256 1,637,976 1,634,189 (3,787) 2,381,528 2,732,440 2,643,729 2,610,031 (33,698) 1,931,794 2,039,996 2,012,104 2,020,557 8,453 8,317,740 8,539,482 8,395,671 8,468,281 72,610 25,000 - - - - 450,000 480,120 480,120 480,120 - - - 2,500 2,500 - 136,036 140,059 137,999 137,999 - 600,000 700,000 395,000 370,000 (25,000) 182,500 150,000 165,000 165,000 - 1,393,536 1,470,179 1,180,619 1,155,619 (25,000) 9,711,276 10,009,661 9,576,290 9,623,900 47,610 (238,557) (111,508) (30,680) (69,650) (38,970) 3,723,405 3,484,848 3,373,340 3,373,340 - $ 3,484,848 $ 3,373,340 $ 3,342,660 $ 3,303,690 $ (38,970) Page 1 9 General Fund #10 Amendment No. 1 Revenue Detail Original or Current Prev. Amend. Proposed Difference Account Actual Budget Budget Amendment Increase Number Description 2002 2003 2004 2004 (Decrease) Taxes: 51101 General Property Tax 51102 General Property Tax - Delinquent Collections 51103 General Property Tax - Interest 51201 Specific Ownership Tax 51301 Sales Tax 51302 Utility Tax 51304 Penalties and Interest 51306 Payments In-Lieu-Of Sales Tax 51402 Franchise Fees 51000 Total Taxes Licenses and Permits: 52101 Liquor Licenses 52102 Business Licenses 52103 Contractor's Licenses 52201 Building Permits 52203 Plumbing Permits 52204 Mechanical Permits 52205 Road Cut Permits 52206 Other Licenses and Permits 52000 Total Licenses and Permits Intergovernmental: Federal Grants: 53199 Other Federal Grants Subtotal: Federal Grants State Grants 53299 Other Subtotal: State Grants State/County Shared Revenue: 53301 Conservation Trust 53302 Motor Vehicle Registration 53303 Highway User's Tax 53304 Cigarette Tax 53305 County Sales Tax 53306 Road & Bridge Fund Subtotal: Shared Revenue 53000 Total intergovernmental $ 1,239,112 $ 1,295,978 $ 1,309,558 $ 1,309,558 $ - 28 250 250 250 - 2,293 1,500 1,500 1,500 - 162,683 150,481 149,256 149,256 - 4,684,094 4,003,011 3,383,890 3,383,890 - 107,129 116,000 120,000 120,000 - 15,841 15,000 15,000 15,000 - 449,231 1,090,732 1,090,732 225,865 223,475 225,000 225,000 6,437,045 6,254,926 6,295,186 6,295,186 - 3,005 4,500 3,500 3,500 - 19,255 21,000 20,000 20,000 10,210 17,500 10,000 10,000 - 477,114 131,128 82,000 82,000 - 24,381 9,554 7,500 7,500 24,326 11,219 7,500 7,500 13,016 5,250 1,450 1,450 250 100 100 100 - 571,557 200,251 132,050 132,050 19,131 24,660 - 8,640 8,640 19,131 24,660 - 8,640 8,640 12,647 12,000 12,000 12,000 - 12,647 12,000 12,000 12,000 - 51,201 51,500 53,000 53,000 20,143 20,000 20,000 20,000 161,410 142,209 140,440 140,440 - 39,346 40,000 40,000 40,000 - 177,793 244,090 304,541 304,541 - 121,564 121,451 125,000 125,000 - 571,457 619,250 682,981 682,981 - 603,235 655,910 694,981 703,621 8,640 Page 2 \a General Fund #10 Amendment No. 1 Revenue Detail Original or Current Prev. Amend. Proposed Difference Account Actual Budget Budget Amendment Increase Number Description 2002 2003 2004 2004 (Decrease) Charges for Services: General Government: 54101 Sale of Map and Publications 600 500 500 500 - 54102 Photocopying Charges 885 1,500 1,500 1,500 54103 License Hearing Fees - 100 100 100 - 54104 Other Fees and Charges 392 1,250 1,250 1,250 54201 Plan Check Fees 86,886 61,625 59,800 59,800 - 54202 Subdivision Review Fees 177,530 230,000 83,400 83,400 - 54203 Design Review Fees 25,875 24,925 15,000 15,000 54204 Animal Control Fees 60 120 120 120 - 54205 Abatement Services - 100 100 100 - 54301 Police Reports 1,462 6,000 6,000 6,000 - 54302 Police Contract Services 4,055 6,750 6,750 6,750 54303 Fingerprinting Fees 1,667 2,500 2,500 2,500 - 54304 VIN Inspection Fees 13,259 16,000 11,000 11,000 - 54305 False Alarm Fees/Misc Police Dept Fees - - 400 400 54452 Sherwood Meadows Maintenance Charges 1,458 4,000 4,000 4,000 - 54453 Village at (Avon) Municipal Services 10,585 145,540 304,683 304,683 - Subtotal: General Govern. 324,714 500,910 497,103 497,103 - Recreation Facility: 54601 Admission Fees 861,709 950,000 990,000 990,000 - 54602 Program Fees 52,450 45,163 46,800 46,800 - 54603 Rentals 4,953 4,950 4,950 4,950 - 54604 Merchandise Sales 19,220 10,500 10,400 10,400 - 54605 Childcare 17,373 13,875 13,875 13,875 - 54606 Rec Center Services 10,460 17,000 17,000 17,000 54607 Fitness Program Revenues 8,559 7,000 6,554 6,554 - Other Recreation: 54651 Adult Program Revenues 22,517 16,643 23,000 23,000 54652 Cabin Equipment Rentals 40,276 43,000 40,600 40,600 - 54653 Athletic Field Rentals 4,070 3,000 4,000 4,000 54654 Cabin Concessions 6,774 8,000 8,000 8,000 54655 Youth Program Revenues 59,864 72,000 77,500 77,500 - 54676 Sponsorships 19,440 50,300 70,000 70,000 54677 Advertisements 2,470 3,600 5,000 5,000 54678 Event Fees 15,325 14,140 18,000 18,000 - Subtotal: Recreation 1,145,460 1,259,171 1,335,679 1,335,679 54000 Total Charges for Services 1,470,174 1,760,081 1,832,782 1,832,782 - Page 3 General Fund #10 Amendment No. 1 Revenue Detail Original or Current Prev. Amend. Proposed Difference Account Actual Budget Budget Amendment Increase Number Description 2002 2003 2004 2004 (Decrease) Fines and Forfeitures: 55101 Court Fines - Traffic 14,541 20,000 15,000 15,000 55102 Court Fines - Criminal 22,106 30,000 25,000 25,000 55103 Court Fines - Parking 3,526 5,000 5,000 5,000 55104 Court Fines - General 650 250 500 500 55105 Court Costs 3,103 3,000 4,000 4,000 55106 Jury Fees 70 200 200 200 55107 Bond Forfeitures 532 200 900 900 55108 Miscellaneous Court Revenues 75 25 150 150 55000 Total Fines and Forfeitures 44,603 58,675 50,750 50,750 Investment Earnings: 57101 Interest 57000 Total Investment Earnings Other Revenues: 58101 Recreational Amenity Fees 58103 Recreational Impact Fee 58106 Community Enhancement Fees 58109 Debt Issuance Fees 58201 Lease of Town-Owned Property 58999 Miscellaneous Nonclassified Revenues 58000 Total Other Revenues 50000 TOTAL REVENUES 103,463 117,500 140,000 140,000 - 103,463 117,500 140,000 140,000 - 70,901 120,637 160,337 160,337 - 70,224 - - - 42,824 42,824 42,824 42,824 - - 21,125 11,900 11,900 - 2,000 4,000 4,000 - 125,148 50,000 50,000 50,000 238,873 306,810 269,061 269,061 - $ 9,468,950 $ 9,354,153 $ 9,414,810 $ 9,423,450 $ 8,640 Page 4 \2 General Fund #10 Amendment No. 1 Department Expenditure Summaries Dept./Div. Number Description General Government: Legislative: 111 Mayor and Town Council 112 Boards and Commissions 113 Town Attorney 114 Public Relations 115 Town Clerk Total Legislative Original or Current Prev. Amend. Proposed Difference Actual Budget Budget Amendment Increase 2002 2003 2004 2004 (Decrease) $ 102,659 $ 92,939 $ 95,549 $ 95,549 $ - 12,728 15,105 15,342 15,342 - 77,670 60,000 60,000 70,000 10,000 259,539 84,950 53,350 60,440 7,090 86,707 77,723 89,963 94,763 4,800 539,303 330,717 314,204 336,094 21,890 Judicial: 121 Municipal Court 76,061 70,408 71,118 71,118 - Executive: 131 Town Manager 313,188 220,970 233,083 233,083 - 132 Human Resources 137,725 127,783 113,958 113,958 - Total Executive 450,913 348,753 347,041 347,041 - Finance Department: 141 Finance 434,103 424,726 448,266 448,266 - 142 Information Systems 160,746 129,302 128,761 128,761 - 149 Nondepartmental 301,852 414,461 355,062 369,614 14,552 Total Financial Administration 896,701 968,489 932,089 946,641 14,552 Total General Government 1,962,978 1,718,367 1,664,452 1,700,894 36,442 Community Development: 211 Administration 132,324 103,515 103,211 103,668 457 212 Planning 130,993 131,157 125,296 193,954 68,658 213 Building Inspection 217,094 192,751 208,903 204,988 (3,915) Total Community Development 480,411 427,423 437,410 502,610 65,200 Police Department: 311 Administration 345,503 264,315 265,145 268,154 3,009 312 Patrol 1,054,662 1,192,761 1,281,920 1,276,572 (5,348) 313 Investigations 83,173 87,619 90,911 89,463 (1,448) 315 Neighborhood Services 77,691 76,561 - - - Total Police 1,561,029 1,621,256 1,637,976 1,634,189 (3,787) Page 5 General Fund #10 Amendment No. 1 Department Expenditure Summaries Original or Current Prev. Amend. Proposed Difference Dept./Div. Actual Budget Budget Amendment Increase Number Description 2002 2003 2004 2004 (Decrease) Public Works: 411 Administration 157,671 140,429 89,504 89,504 - 412 Engineering 333,668 356,026 262,261 260,843 (1,418) 413 Roads and Streets 758,502 1,154,554 1,153,007 1,127,727 (25,280) 414 Facilities Maintenance 408,326 308,976 334,168 332,306 (1,862) 415 Parks 723,361 772,455 804,789 799,651 (5,138) Total Public Works 2,381,528 2,732,440 2,643,729 2,610,031 (33,698) Recreation and Culture: 513 Special Events 114,874 183,993 206,400 214,549 8,149 514 Administration 364,172 341,694 306,110 304,910 (1,200) 515 Adult Programs 113,781 98,499 87,242 87,242 - 516 Aquatics 364,660 370,155 372,447 372,447 - 517 Childcare 63,865 64,300 62,531 62,531 - 518 Fitness 140,636 134,972 103,419 103,419 - 519 Front Desk 223,420 221,361 225,630 225,630 - 520 Maintenance 468,897 535,248 559,566 561,070 1,504 521 Youth Programs 77,489 89,774 88,759 88,759 - Total Recreation and Culture 1,931,794 2,039,996 2,012,104 2,020,557 8,453 TOTAL OPERATING EXPENDITURES $ 8,317,740 $ 8,539,482 $ 8,395,671 $ 8,468,281 $ 72,610 Page 6 \V. Transit Enterprise Fund #52 . Amendment No.1 Fund Summary I REVENUES Taxes Intergovernmental Charges for Services Other Revenues Total Operating Revenues Other Sources Transfers-In from General Fund TOTAL REVENUES EXPENDITURES Transportation Total Operating Expenditures TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCES, Beginning of Year FUND BALANCES, End of Year Original or Current Prev. Amend. Proposed Difference Actual Budget Budget Budget Increase 2002 2003 2004 2004 (Decrease) $ 270,131 $ 295,000 $ 310,000 $ 310,000 $ - - 195,995 128,000 128,000 - 795,768 732,669 872,216 872,216 - 3,021 9,000 9,000 9,000 - 1,068,920 1,232,664 1,319,216 1,319,216 - 600,000 700,000 395,000 370,000 (25,000) 1,668,920 1,932,664 1,714,216 1,689,216 (25,000) 1,699,077 1,883,068 1,710,160 1,685,160 (25,000) 1,699,077 1,883,068 1,710,160 1,685,160 (25,000) 1,699,077 1,883,068 1,710,160 1,685,160 (25,000) (30,157) 49,596 4,056 4,056 (17,441) (47,598) 1,998 1,998 - $ (47,598) $ 1,998 $ 6,054 $ 6,054 $ - Page 1 6 Fleet Maintenance Internal Service Fund #61 Amendment No. 1 Fund Summa Original or Current Prev. Amend. Proposed Difference Actual Budget Budget Budget Increase 2002 2003 2004 2004 (Decrease) REVENUES Charges for Services Other Revenue Total Operating Revenues Other Sources Capital Lease Proceeds TOTAL REVENUES EXPENDITURES Public Works: Fleet Maintenance Washbay TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS $1,299,455 $1,511,576 $ 1,545,629 $1,609,154 $ 63,525 26,138 1,000 - - - 1,325,593 1,512,576 1,545,629 1,609,154 63,525 1,325,593 1,512,576 1,545,629 1,609,154 63,525 1,295,941 1,390,736 1,479,160 1,542,270 63,110 117,060 121,112 63,164 63,164 - 1,413,001 1,511,848 1,542,324 1,605,434 63,110 (87,408) 728 3,305 3,720 415 FUND BALANCES, Beginning of Year 152,404 64,996 65,724 65,724 - FUND BALANCES, End of Year $ 64,996 $ 65,724 $ 69,029 $ 69,444 $ 415 Page 1 \'\v Fleet Maintenance Internal Service Fund #61 Amendment No. 1 Revenue Summa Original or Current Prev. Amend. Proposed Difference Account Actual Budget Budget Budget Increase Number Description 2002 2003 2004 2004 (Decrease) Charges for Services: 54806 3rd Party Fleet Maintenance Charges 54901 Departmental Fleet Maintenance Chrgs 54901 Nondepartmental (Subsidy) 54902 Wash Bay Charges 54903 Sales of Fuel 54000 Total Charges for Services Other Revenues: 58205 Insurance Reimbursements 58999 Miscellaneous Nonclassified Revenues 58000 Total Other Revenues Other Sources: 59303 Capital Lease Proceeds 59000 Total Other Sources 50000 TOTAL REVENUES $ 538,344 $ 692,009 $ 748,073 $ 873,978 $ 125,905 567,821 486,220 528,796 451,416 (77,380) 97,803 220,000 175,000 190,000 15,000 75,793 75,118 53,760 53,760 - 19,694 38,229 40,000 40,000 - 1,299,455 1,511,576 1,545,629 1,609,154 63,525 24,967 - - - - 1,171 1,000 - - - 26,138 1,000 - - - $1,325,593 $1,512,576 $ 1,545,629 $1,609,154 $ 63,525 Page 2 Fleet Maintenance Internal Service Fund #61 Amendment No. 1 Revenue Detail Original or Current Prev. Amend. Proposed Difference Account Actual Budget Budget Budget Increase Number Description 2002 2003 2004 2004 (Decrease) Charges for Services: 3rd Party Fleet Maintenance Charges 54806 Beaver Creek Bus System $ 299,764 $ 296,678 $ 267,607 $ 274,294 $ 6,687 54806 Vail Resorts Dial-a-Ride 185,537 244,730 245,548 234,407 (11,141) 54806 Beaver Creek Metro District - - - 123,660 123,660 54806 Smith Creek Metro District - - - 26,328 26,328 54806 Eagle County Transit - - - 2,500 2,500 54806 Eagle River Fire Protection District 34,304 59,796 67,614 75,000 7,386 54806 Eagle County Ambulance District 18,739 21,285 18,744 19,160 416 54806 Eagle River Water & Sanitation District - 69,520 148,560 118,629 (29,931) 54806 Total 538,344 692,009 748,073 873,978 125,905 Departmental Fleet Maintenance Charges 54901 Nondepartmental - Motor Pool Car 2,994 1,341 1,431 983 (448) 54901 Information Systems 1,996 - - - - 54901 Comm Dev - Planning 2,994 1,222 1,304 3,042 1,738 54901 Comm Dev - Building Inspection 8,982 6,226 6,643 2,728 (3,915) 54901 Police - Administration 2,994 3,678 3,924 6,933 3,009 54901 Police - Patrol 48,493 43,508 48,879 33,931 (14,948) 54901 Police - Investigations 3,417 3,305 3,526 2,078 (1,448) 54901 Police - Neighborhood Services 4,158 2,302 - - - 54901 Engineering 4,491 3,314 3,536 2,118 (1,418) 54901 Public Works - Roads and Streets 117,625 129,569 138,250 112,970 (25,280) 54901 Public Works - Facilities Maintenance 7,889 6,625 7,069 5,207 (1,862) 54901 Public Works - Parks 82,320 70,861 75,609 69,001 (6,608) 54901 Recreation - Administration 13,981 4,179 4,459 3,259 (1,200) 54901 Transit - Administration 1,996 - - - - 54901 Transit - Operations 245,820 205,192 218,940 193,940 (25,000) 54901 Fleet Maintenance 17,671 4,898 5,226 5,226 - 54901 Equipment Replacement Fund - - 10,000 10,000 - 54901 Total 567,821 486,220 528,796 451,416 (77,380) Page 3 \00 Fleet Maintenance Internal Service Fund #61 Amendment No. 1 Revenue Detail Original or Current Prev. Amend. Proposed Difference Account Actual Budget Budget Budget Increase Number Description 2002 2003 2004 2004 (Decrease) Charges for Services - Continued: Washbay Charges: 54902 Administration 390 390 468 468 - 54902 Information Systems 390 - - - - 54902 Comm Dev - Planning 390 390 468 468 - 54902 Comm Dev - Building Inspection 1,560 1,560 936 936 - 54902 Police - Administration 390 390 468 468 - 54902 Police - Patrol 4,290 3,900 3,744 3,744 - 54902 Police - Investigations 390 390 468 468 - 54902 Police - Neighborhood Services 390 390 - - - 54902 Public Works - Engineering 780 780 936 936 - 54902 Public Works - Roads and Streets 6,488 6,488 8,618 8,618 - 54902 Public Works - Facilities Maintenance 780 780 1,404 1,404 - 54902 Public Works - Parks 3,780 3,780 5,638 5,638 - 54902 Recreation - Administration 1,170 1,170 936 936 - 54902 Transit - Administration 390 - - - - 54902 Transit - Operations 20,790 20,540 13,290 13,290 - 54902 Fleet Maintenance - 1,170 936 936 - 54902 Beaver Creek Bus System 33,425 33,000 15,450 15,450 - 54902 Total 75,793 75,118 53,760 53,760 - Page 4 Town of Avon Line Item Detail Function: Public Works Department: Transportation Program: Fleet Maintenance #434 Account Actual Budget Number Account Description 2002 2003 Personnel: 61101 Regular Full-time Salaries 61151 Overtime Wages 61301 FT Pension 61303 Wellness 61304 Employee Assistance Program 61401 FICA/Medicare 61501 Group Health and Life Insurance 61505 Long-term Disability Insurance 61507 Dental insurance 61509 Worker's Compensation 61510 Unemployment Insurance 61000 Total Personnel Commodities: 62401 Gasoline 62404 Stock Parts 62405 Nonstock Parts 62802 Food and Beverages 62805 Clothing and Uniforms 62807 Consumable Tools/Small Equipment 62809 Medical Supplies and 1 st Aid 62899 Other Miscellaneous Operating Supplies 62999 Office Supplies and Materials 62000 Total Commodities Services: 63505 R&M - Vehicles 63506 R&M - Radios and Communications Equipment 63507 R&M - Machinery and Equipment 63549 R&M - Other Specialized Equipment 63551 Laundry and Cleaning Services 63599 Other Maintenance Services 63999 Other Purchased and Contracted Services 63000 Total Services Original or Current Prev. Amend. Proposed Difference Budget Amendment Increase 2004 2004 (Decrease) $ 331,773 $ 343,218 $ 345,399 $ 378,375 $ 32,976 2,947 7,879 7,879 7,879 - 36,462 37,754 37,994 41,621 3,627 3,180 - - - - 207 216 216 240 24 4,886 5,091 5,123 5,601 478 70,306 68,653 75,465 83,831 8,366 2,911 3,226 3,247 3,557 310 6,330 4,860 5,184 5,760 576 12,935 16,025 10,753 11,879 1,126 1,006 1,030 707 773 66 472,943 487,952 491,967 539,516 47,549 1,808 2,500 2,500 2,500 - 255,641 283,813 319,217 334,778 15,561 6,847 13,788 62,370 62,370 - - 315 315 315 - - 500 500 500 - 4,936 6,750 6,750 6,750 - 587 730 730 730 - 19,977 20,969 34,314 34,314 - 526 500 500 500 - 290,322 329,865 427,196 442,757 15,561 26,722 20,000 20,000 20,000 - 722 2,250 2,250 2,250 - 4,389 20,400 20,400 20,400 - 1,238 4,200 4,200 4,200 - 7,379 8,500 8,500 8,500 - 6,970 12,300 12,300 12,300 - 5,486 9,500 9,500 9,500 - 52,906 77,150 77,150 77,150 - Page 5 Z° Town of Avon Line Item Detail Function: Public Works Department: Transportation Program: Fleet Maintenance #434 Account Actual Budget Number Account Description 2002 2003 Other Operating Costs: 64101 Travel, Training and Conference 64102 Dues, Licenses and Memberships 64201 Telephone 64202 Gas 64203 Electric 64204 Water & Sanitation 64205 Trash Collection & Recycling 64206 Cellular & Paging 64301 Postage and Delivery 64401 Fleet Maintenance Charges 64403 Washbay Charges 64905 Insurance Premiums 64000 Total Other Operating Costs Debt Service: 65201 Capital Lease Payments 65000 Total Debt Service Capital Outlay: 66401 Office Equipment 66402 Computers and Peripherals 66000 Total Capital Outlay 60000 Total Expenditures Original or Current Prev. Amend. Proposed Difference Budget Amendment Increase 2004 2004 (Decrease) 100 - 500 500 565 200 200 200 - 591 544 544 544 - 12,988 17,000 17,000 17,000 - 13,310 13,496 13,496 13,496 2,659 3,078 3,078 3,078 - 4,016 5,750 5,750 5,750 - 521 1,000 1,000 1,000 - 207 500 500 500 - 17,671 16,477 8,649 8,649 - 1,170 1,170 1,560 1,560 - 5,738 7,866 9,366 9,366 - 59,536 67,081 61,643 61,643 - 415,317 427,388 421,204 421,204 - 415,317 427,388 421,204 421,204 - 4,917 - - 1,300 - - 4,917 1,300 - - - $ 1,295,941 $ 1,390,736 $ 1,479,160 $ 1,542,270 $ 63,110 Page 6 Z? Equipment Replacement Internal Service Fund #63 Amendment No. 1 Fund Summary I REVENUES Charges for Services Other Revenue Total Operating Revenues Other Sources Capital Lease Proceeds TOTAL REVENUES EXPENDITURES Capital Outlay: Fleet and Heavy Equipment Recreation Center Equipment Computer and Office Equipment TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCES, Beginning of Year FUND BALANCES, End of Year Original or Current Prev. Amend. Proposed Difference Actual Budget Budget Budget Increase 2002 2003 2004 2004 (Decrease) $ 137,226 $ 373,768 $ 396,441 $ 394,379 $ (2,062) 30,415 - - 50,302 50,302 167,641 373,768 396,441 444,681 48,240 167,641 373,768 396,441 444,681 48,240 31,833 - 102,800 206,552 103,752 61,648 27,400 50,535 50,535 - 10,995 41,895 24,579 12,960 (11,619) 104,476 69,295 177,914 270,047 92,133 63,165 304,473 218,527 174,634 (43,893) 773,212 836,377 1,140,850 1,140,850 - $ 836,377 $ 1,140,850 $ 1,359,377 $ 1,315,484 $ (43,893) Page 1 22 Equipment Replacement Internal Service Fund #63 Amendment No. 1 Revenue Detail Original or Current Prev. Amend. Proposed Difference Account Actual Budget Budget Budget Increase Number Description 2002 2003 2004 2004 (Decrease) Charges for Services: Equipment Rental Charges 54904 Finance $ 5,860 $ 5,099 $ 5,099 $ 5,099 $ - 54904 Information Systems 13,397 14,530 16,284 16,284 - 54904 Nondepartmental 7,659 8,500 10,630 10,630 - 54904 Comm Dev - Administration 3,641 3,879 3,879 1,817 (2,062) 54904 Comm Dev - Planning - 1,200 1,200 1,200 - 54904 Comm Dev - Building Inspection - 2,400 2,400 2,400 - 54904 Police - Administration 4,810 10,744 10,744 10,744 - 54904 Police - Patrol - 67,500 66,409 66,409 - 54904 Police - Investigations - 5,757 8,061 8,061 - 54904 Police - Neighborhood Services - 5,788 - - - 54904 Public Works - Administration - - - - - 54904 Public Works - Engineering - 2,400 2,400 2,400 - 54904 Public Works - Roads and Streets 7,310 54,024 93,199 93,199 - 54904 Public Works - Facilities Maintenance - 3,600 3,600 3,600 - 54904 Public Works - Parks - 66,991 68,924 68,924 - 54904 Recreation - Administration 3,183 8,489 8,489 8,489 - 54904 Recreation - Adult 8,619 8,749 8,226 8,226 - 54904 Recreation - Aquatics 16,914 16,914 14,158 14,158 - 54904 Recreation - Fitness 52,308 60,154 51,753 51,753 - 54904 Recreation - Maintenance 13,525 27,050 20,986 20,986 - 54000 Total Charges for Services 137,226 373,768 396,441 394,379 (2,062) Other Revenues: 58205 Insurance Claim Reimbursements 30,415 - - 50,302 50,302 58000 Total Other Revenues 30,415 - - 50,302 50,302 Other Sources: 59101 Sale of Fixed Assets - - - - - 59303 Capital Lease Proceeds - - - - - 59000 Total Other Sources - - - - - 50000 TOTAL REVENUES $ 167,641 $ 373,768 $ 396,441 $ 444,681 $ 48,240 Page 2 1:2-1 TOWN OF AVON DETAILED BUDGET REQUESTS 2004 Amendment No. 1 Department: N/A Program: Fleet and Heavy Equipment #811 Account 2004 Number Account Name Budget Justification EQUIPMENT REPLACEMENT: Fleet and Heavy Equipment Public Works - Parks: Gator, Replacement for Unit #156 $ 7,000 Gator w/ Plow, Replmnt for Unit #157 13,500 Bobcat Toolcat (2) to Replace Holder 66499 Other Machinery and Equipment 103,752 Tractor Sunk in Lake 83,252 Police Dept - Patrol: Chevrolet Tahoes (2), Replacement for Units #5, 7, & 11 72,000 Public Works - Parks: 3/4 Ton 4x4 Pickup w/ Plow & Lift Gate 66501 Automobiles and Light Duty Trucks 102,800 Replacement for Unit #58 30,800 66000 Total Capital Outlay 206,552 Page 3 Z?k TOWN OF AVON DETAILED BUDGET REQUESTS 2004 Amendment No. 1 Department: N/A Program: Computers and Office Equipment #813 Account 2004 Number Account Name Budget Justification EQUIPMENT REPLACEMENT: Computers and Office Equipment Replacement Copier for DC220 (Community Development). Workcentre M35 w/ 66401 Office Equipment Network Printing and Finishing Exchange Server Replacement - Includes 66402 Computers and Peripherals 12,960 deployment, licensing, 5yr warranty 12,960 66000 Total Capital Outlay 12,960 Page 4 2GI MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD FEBRUARY 10, 2004 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 Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, Ron Wolfe and Mayor Pro Tem Mac McDevitt present. Also present were Town Manager Larry Brooks, 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, Public Works / Transit Director Bob Reed, Recreation Director Meryl Jacobs as well as members of the press and public. Ordinances Town Planner Tambi Katieb presented on second reading Ordinance No. 04-01, Series of 2004, an Ordinance approving Planned Unit Development (PUD) for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. He explained that IDG3 LLC, the owner of Lot 61, has been working with staff over the last year finalizing a new PUD Development Plan for Lot 61 as part of an extension of the original PUD development rights. The proposed project had been discussed on both January 13th and January 27th and the current plan before the Council reflects some changes made in response to their comments & concerns. It was noted that the PUD application also includes two subdivision applications, one which approves the new surface lot configuration and right-of-way dedication, and the other which defines the below & above grade buildable areas. Michael Hazard with IDG# LLC addressed the Council with a summary of the project. He noted that the concerns included addressing several additional design constraints; he explained and showed a number of images that would reflect potential design aspects of the building. He also explained his model generated by computer software images that reflected current & proposed entitlements as related to mass, density, height, etc. Some time was also spent on describing the transportation hub element of the project, how exhaust would be handled with a canopy, some of the proposed design aspects. Mayor Reynolds opened the public hearing. Comments were heard from Bob & Cathy Rolance, (residents of Avon Center), Michael Repucci (Johnson & Repucci representing Avon Center Homeowners Association), Dave Nelson (Property Manager for Season Building), Chris Jergensen (Victor Mark Donaldson Architects), and Skip Dorseif. All comments were not in support of the project and concerns related to some of the following topics as follows: ? The design of the building ? The height of the building ? The mass & volume of the building, i.e. the building envelope ? Impacts on view corridors ? Proof of easement for parking between Lot 61 and Seasons Building Further discussion ensued about the certified height of the surrounding buildings, i.e. Avon Center, Seasons, Weststar Bank Building, etc. as submitted by Peak Land Consultants, Inc. as compared to the proposed height of the Lot 61 proposed building. The public hearing was closed and comments from Council members were heard. Councilor Wolfe moved to approve Ordinance No. 04-01, on second reading, approving the Lot 61 Planned Unit Development (PUD) Plan and Development Agreement for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, with the following changes: 1) page two, all the language that applies to additional design requirements be revised to reflect "shall" rather than "should", 2) page nine, the paragraph relating to noise mitigation be replaced with paragraph that has been proposed and agreed to by staff, (written revision was submitted to the Town Clerk-attachment). He made some further comments about the process and the project. Councilor Sipes seconded the motion. Councilor Sipes asked if Councilor Wolfe would entertain including the photographs/boards presented by Michael Hazard that evening be entered as part of the record because they articulate the design guidelines point the Council was trying to achieve. Councilor Wolfe agreed to that include those materials per his request. Council members made some summary comments with regard to the project, i.e. identifying reasons for supporting it as well as reasons for opposing it. A roll call vote was taken and the motion passed with a 4 to 2 vote (Brown, McDevitt, Sipes, Wolfe - yea; D. Buckley, P. Buckley - nay). The motion carried and Ordinance No. 04-01, Series of 2004 was adopted. Resolutions Town Engineer Norm Wood presented Resolution No. 04-05, Series of 2004, A Resolution approving the Final Plat, A Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado, located at 75 Benchmark Road. He noted that the resolution is considered in conjunction with the proposed PUD Development Plan and Development Agreement for Lot 61 and it 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. It was noted that the final plat is in general conformance with the Preliminary Plan as approved by Resolution No. 04-01 and with Title 16 of the Avon Municipal Code, Subdivisions. Councilor Wolfe moved to approve Resolution No. 04-05, Series of 2004, A Resolution approving the Final Plat, A Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado. Councilor Sipes seconded the motion and a roll call vote was taken. The motion passed with a 4 to 2 vote (Brown, McDevitt, Sipes, Wolfe - yea; D. Buckley, P. Buckley - nay) and Resolution No. 04-05, Series of 2004 was adopted. Resolution No. 04-06, Series of 2004, A Resolution approving the Preliminary Plan & Final Plat for a Resubdivision of Lot 61, a Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado, located at 75 Benchmark Road was presented. This is a three dimensional subdivision in conjunction with a proposed PUD Development Plan and Development Agreement for Lot 61. The proposed Subdivision defines ownership and development areas below grade, at grade and above grade in accordance with the proposed PUD Development Plan and Development Agreement for Lot 61. This includes development rights above and below the newly created road-right-of-way and surface development for a Transportation Center on a dedicated easement on Lot 61. Mayor Reynolds opened the public hearing, no comments were made and the hearing was closed. It was noted that if the PUD does not move forward, the plat expires. Councilor Sipes moved to approve Resolution No. 04-06, Series of 2004, A Resolution approving the Preliminary Plan & Final Plat for a Resubdivision of Lot 61, a Replat of Lot 61, Block 2, Benchmark at Regular Council Meeting Page 2 of 4 February 10, 2004 Beaver Creek, Town of Avon, Eagle County, Colorado Mayor Pro Tern McDevitt seconded the motion and a roll call vote was taken. The motion passed with a 4 to 2 vote (Brown, McDevitt, Sipes, Wolfe - yea; D. Buckley, P. Buckley - nay) and Resolution No. 04-06, Series of 2004 was adopted. Ordinances - continued Community Development Director Ruth Borne presented Ordinance No. 04-02, Series of 2004, First Reading, An Ordinance approving an Amendment to the Wildridge Planned Unit Development (PUD) for Lots 21 and 30, Block 2, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. The applicants are Formations LLC & George Plavec and they are seeking a PUD Amendment to the Wildridge PUD for creating 10-single family lots in Wildridge. She noted that both properties are located at the end of June Creek trail on a 50'0 access easement which provides access to the U.S. Forest Service ("USFS") and access to Eagle River Water and Sanitation District's ("ERWSD") lift station. She noted that the applicants provided a detailed application supporting the merits of their application based upon the PUD criteria and other related documentation. The application included a traffic study based upon the impact of the proposed development, evidence of available utilities, a recommendation from the USFS, detailed development data analysis and revenue projections. She noted that on February 3, 2004, the Planning & Zoning Commission unanimously recommended denial of this application based upon the failure of the PUD application to comply with the PUD criteria set forth in Section 17.20.110 in Resolution No. 04-08. Included in the packet were both letters in support and in opposition (over 100 letter opposing) to the project. Borne noted that staff recommended tabling the Ordinance until a public hearing can be held in 2 weeks at the next regularly scheduled council meeting. Town Attorney John Dunn clarified "process" as it pertained to the application, i.e. the requirement of a public hearing on the recommendation by Planning & Zoning, the actions the Council might take that evening. He noted that Council could go ahead and take public comments at this time, all of which would still be included as public record. Applicant Shane Bohart with Formation, LLC addressed the Council at this time by reading a letter he submitted into the record as well. He expressed some serious concerns with the process he recently underwent and addressed many of them in detail in the letter he read. Discussion ensued for some time about what should take place next and what process would be applicable, i.e. PUD process or Subdivision process. The applicant requested a waiver of fees if he resubmitted a revised application. Some members of Council asked that staff respond to the letter; Town Attorney recommended that the discussion not move towards discussion of personnel matters. Mayor Reyonlds noted that at this time a public hearing was not required, however, he accepted public comments from the following people who wished to be heard, Brian Nolan, Lisa Post, John Eschelor, Chirs Jergensen, Mike Dantas, Larry Pardee, Dave Dantas, Mike Turnkey, Mary Isom. Mayor Reynolds asked the applicant what his decision was as to whether or not he wanted to withdraw the application at this time. Bohart requested an opportunity for he & his partner George Plavic to meet with staff to talk about a revised application that would not include any up zoning. It was noted that based on that request, the applicant withdraw the application and submit a revised application. Bohart did not support the idea that he should have to resubmit an application considering it was the same property & same issues. Further discussion ensued about what avenue would be most appropriate for the applicant at this stage of the process with his indication that he wanted to stay within his development rights and how the Town might look into problems he may have had in the process. The Town attorney did confirm that Council could not deny the Ordinance until a public hearing was held. Regular Council Meeting Page 3 of 4 February 10, 2004 Councilor D. Buckley moved to table Ordinance No. 04-02, Series of 2004, An Ordinance approving an Amendment to the Wildridge Planned Unit Development (PUD) for Lots 21 and 30, Block 2, Wildridge Subdivision, Town of Avon, Eagle County, Colorado until the next meeting and at this time hold a public hearing on the proposed PUD. Councilor Brown seconded the motion and it passed unanimously. Town Manager Larry Brooks informed Council and the general public he would conduct a thorough investigation into the allegations made by the applicant; a report of the findings would be made to Council as a personnel matter in the appropriate forum. Other Business Councilor Wolfe then asked the Town Manager & Town Attorney to review and make a recommendation on revised legislation that would address the public hearing requirements, moving the hearing to the first reading phase of consideration, if at all permissible under Colorado Revised Statutes. Consent Agenda Mayor Reynolds asked for a motion on the Consent Agenda. Mayor Pro Tern McDevitt moved to approve the consent agenda; Councilor Brown seconded the motion and it passed unanimously. a. Approval of the January 27, 2004 Regular Council Meeting Minutes b. Great Race Pit Stop Car Race Contract There being no further business to come before the Council, the meeting adjourned at 8:15 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 February 10, 2004 Page 4 of 4 Memo To: Honorable Mayor and Town Council Th m: Larry Brooks, Town Manager ftom: Scott Wright, Finance Director Date: February 18, 2004 Re: Approval of Lease Agreement with Xerox for Copier Summary: The 2004 budget included $11,619 in the Equipment Replacement Fund for replacement of the copier in the Community Development Department. The current copier was purchased in 1998 and is heavily used. At the budget retreat it was suggested that staff review the benefits of leasing vs. purchase. Based on my analysis, the Town will save $1,954 over the life of the lease in maintenance and supply costs if it leases the copier. This particular copier is digital and in addition to copying will also have functionality as a network printer (at greatly reduced per print costs) and a network scanner. The budget amendment includes a revision for leasing rather than purchasing this copier. Town Manager Comments: Page 1 LEASE AGREEMENT Full Legal Name Towi Customer Name (Billto) DBA/Name Overflow Street Address Box#/Routing City, State Zip Code Tax ID# I Of Avon COMMUNITY DEVELOP TOWN OF AVON PO BOX 975 2ND FLOOR AVON, CO 81620-0975 Customer Name (Install) COMMUNITY DEVELOP DBA/Name Overflow (if req'd) TOWN OF AVON Installed at Street Address 400 BENCHMARK RD Floor/Room/Routing 2ND FLOOR City, State AVON, CO Zip Code 81620- County Installed In Eagle Customer Requested Install Date02/24/2004 Lease Pa yment Information Min. Lease Pavment Frea. ro uct (with serial number, if in place equipment) Purchase Option Down Payment Prev Install Fin'l Interm WCP35H WCP35-DADF/HCF FMV 1)350FCFIN IISCNPK Consuldru! Services 229.33 : MINIMUM LEASE PAYMENT (excl. of applies taxes) Price Information Periodic Base Charge 229.33 Print Charge Meter 1: Prints 1 - + $ 0.0084 Prints $ Prints $ Print Charge Meter 2: Prints 1 - Prints $ Periodic Min.# of Prints (based on Meter 1 Print Charges) ? Purchased Supplies ? Cash ? Fin'd Check all that apply ? Assoc./Coop. Name Periodic Base Charge Print Charge Meter 1: Prints 1 - Prints Prints Print Charge Meter 2: Prints 1 - $ Prints $ Periodic Min.# of Prints (based on Meter I Print Charges) ? Annlicatinn Software Reorder # Qty Description rice Software Title Initial License Fee Annual Renewal Fee ? Cash ? Finance ? Support Onlv Total Price = Total Initial License Fees = L! Trade-In Allowance Total Allowance Applied toI ?Trade-In Equip. Balance: ?Price of Replcmnt. Equip.: Agreement Presented By: Xerox Name:Chris Aubel Phone:(970)845-7870 <: tr www.xerox.com Xerox Form# 51860 (10/2003) (periodic, excluding excess meter charges) ? Monthly ?Quarterly ? Semi-Annual ?Annual ? Other Min. Lease Payment Mode ?Advance ? Arrears ? Adiustment Period Period A - Mos. Affected: Period B - Mos. Affected: Periodic Base Charge Print Charge Meter 1: Prints 1 - Prints Prints - Print Charge Meter 2: Prints 1 - Prints Periodic MmA of Prints (based on Meter 1 Print Charges) 'I'm, lkuct k w.xrCourANY ROX ONegotiated Contract 4-071876500 ? DSA Contract #: - ? Value Added Services: ?Attached Customer P.O. #s: Supplies: Lease: 0 State or Local Government Customer Int. Rate: % Total Int. Payable: $ Replacement/Modification of Prior Xerox Agreement Agreement covering Xerox Equipment Serial# (or 95#): is hereby ? modified ? replaced Effective Date: Comments: Lease Information Lease Term : 60months 19Supplies included in Base/Print Charges ? Refin. of Prior Agrmt.:El Xerox (95#): ? 3rd Party Eq. Amt Refin: $ Int Rate: % Total Int Payable: $ ? K-16 Billing Additional Options (check all that apply) Suspension ? Run Length Plan Fixed Price Plan (check I as required) ? Per-Foot Pricing Months affected ? Extended Service Hours: ? June only ? July only Description: / $ 0 mo. Attached Addenda: 54100 SLG(1) ? August only ? June - July ? Other Addenda: ? July - August CUSTOMER ACKNOWLEDGES RECEIPT OF THE TERMS OF THIS AGREEMENT (CONSISTING OF 7 PAGES INCLUDING THIS FACE PAGE) Auth. Signer Name: Scot t Wright (Plea,", Print Normal"Authorized signer/ Signature: X Date: ,Signature (J Aut arize Signer) Auth. Signer Title:Controller / Asst Controller Phone:(970)748-4055 F_-Mail: R'Tax Exempt (*Must attach Sales Tax Exemption Certifreatel 2/102004 Page 1 of 7 GENERAL TERMS: The following terms apply to all lease transactions 1. PRODUCTS. The term "Products" shall refer collectively to all equipment (the "Equipment"), software, and supplies ordered under this Agreement. You represent that the Products are being ordered for your own business use (rather than resale) and that they will not be used for personal, household or family purposes. 2. NON-CANCELABLE LEASE. THIS AGREEMENT IS A LEASE AND IT CANNOT BE CANCELED OR TERMINATED EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOUR OBLIGATION TO MAKE MINIMUM LEASE PAYMENTS AND TO PAY ANY OTHER AMOUNTS DUE HEREUNDER SHALL BE ABSOLUTE AND UNCONDITIONAL AND SHALL NOT BE SUBJECT TO ANY DELAY, REDUCTION, SET-OFF, DEFENSE, COUNTERCLAIM OR RECOUPMENT FOR ANY REASON WHATSOEVER, IRRESPECTIVE OF XEROX'S PERFORMANCE OF IFS OBLIGATIONS HEREUNDER, INCLUDING PURSUANT TO SECTIONS 4 AND 23 HEREOF. ANY CLAIM THAT YOU MkY HAVE AGAINST XEROX MAY BE ASSERTED SOLELY AGAINST XEROX IN A SEPARATE ACTION. 3. LEASE COMMENCEMENT, PAYMENT, TAXES & CREDIT HISTORY. A. The lease term for this Agreement shall commence upon installation of the Equipment; provided, however, for customer-installable Equipment, the lease term for this Agreement shall commence upon delivery of the Equipment. B. You agree to pay Xerox each Minimum Lease Payment, all Print Charges and all amounts due hereunder within thirty (30) days of the invoice date or on the due date listed on the invoice, whichever is earlier. Restrictive covenants on instruments or documents submitted for or with payments you send to Xerox will not reduce your obligations. C. You shall be responsible for any and all applicable Taxes, which will be included in Xerox's invoice unless you provide proof of your tax exempt status. "Taxes" shall mean any tax, assessment or charge imposed or collected by any governmental entity or any political subdivision thereof, however designated or levied, imposed on this Agreement or the amounts payable to Xerox by you for the billing of Products, Print Charges, services and maintenance of any kind; Taxes include, but are not limited to, sales and use, rental, excise, gross receipts and occupational or privilege taxes, plus any interest and/or penalty thereon, but excluding any personal property taxes and taxes on Xerox's net income. Ffataxing authority determines that Xerox did not collect all applicable Taxes, you shall remain liable to Xerox for such additional Taxes. D. You, to the extent required by applicable law, authorize Xerox (or its agent) to obtain credit reports (including in connection with credit analysis or subsequent review, collection or enforcement ofyour obligations hereunder), make such other credit inquiries as Xerox may deem necessary, furnish payment history information to credit reporting agencies, and release to prospective assignees of this Agreement or any rights hereunder information Xerox has about you and this Agreement. Even if Products have been delivered, Xerox may, within sixty (60) days following its acceptance of this Agreement, revoke the Agreement if your credit approval is denied. 4. BASIC SERVICES. Asa mandatory part of a Lease, Xerox (or a designated servicer) will provide the following Basic Services under this Agreement (unless you are acquiring Equipment for which Xerox does not offer Basic Services; such Equipment to be designated as "No Svc."): A. REPAIRS & PARTS. Xerox will make repairs and adjustments necessary to keep Equipment in good working order (including such repairs or adjustments required during initial installation). Parts required for repair may be new, reprocessed, or recovered. B. HOURS & EXCLUSIONS. Unless otherwise stated, Basic Services will be provided during Xerox's standard working hours (excluding Xerox-recognized holidays) in areas within the United States, its territories, and possessions open for repair service for the Equipment at issue. You agree to give Xerox reasonable access to the Equipment. Basic Services shall cover repairs and adjustments required as a result of normal wear and tear or defects in materials or workmanship (and shall exclude repairs or adjustments Xerox determines to relate to or be affected by the use of options, accessories, or other connected products not serviced by Xerox, as well as any non-Xerox alterations, relocation, service, supplies, or consumables). You agree to use the Equipment in accordance with all applicable manuals and instructions. You also agree to perform all operator maintenance procedures for the Equipment and to purchase all referenced parts, tools, and supplies needed to perform those procedures that are described in the applicable manuals and instructions. C. INSTALLATION SITE & METER READINGS. The Equipment installation site must conform to Xerox's published requirements throughout the term ofthis Agreement. If applicable, you agree to provide meter readings in the manner prescribed by Xerox. If you do not provide Xerox with meter readings as required, Xerox may estimate them and bill you accordingly. D. EQUIPMENT REPLACEMENT. If Xerox is unable to maintain the Equipment as described above, Xerox will, as your exclusive remedy for Xerox's failure to provide Basic Services, replace the Equipment with an identical product or, at Xerox's option, another product of equal or greater capabilities. If a replacement product is provided pursuant to this Section, it shall be subject to the terms and conditions of this Agreement, there will not be an additional charge for the replacement product and, except as set forth in Section 10 below, there will not be an additional charge for Basic Services during the then-current term during which Basic Services are being provided. E. CARTRIDGE PRODUCTS. If Xerox is providing Basic Services for Equipment utilizing cartridges designated by Xerox as customer replaceable (`Cartridges"), you agree to use only unmodified Cartridges purchased directly from Xerox or its authorized resellers in the United States. F. PC/WORKSTATION REQUIREMENTS. In order to receive Basic Services and/or Software Support for Equipment requiring connection to a PC or workstation, you must utilize a PC or workstation that either (1) has been provided by Xerox or (2) meets Xerox's published specifications. G. DELIVERY AND REMOVAL. Xerox will be responsible for all standard delivery and removal charges. You will only be responsible for any non-standard delivery or removal expenses incurred. 5. WARRANTY DISCLAIMER & WAIVERS. XEROX DISCLAIMS, AND YOU WAIVE, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. The parties intend this agreement to be a "finance lease" under article 2a of the uniform commercial code ("ucc" ). Except to the extent expressly provided herein, you waive, to the extent permitted by applicable law, all rights and remedies conferred upon a lessee by article 2a of the ucc. 6. INTELLECTUAL PROPERTY INDEMNITY. Xerox will defend and indemnify you if any Product is alleged to infringe someone else's U.S. intellectual property rights provided you promptly notify Xerox of the alleged infringement and permit Xerox to direct the defense. Xerox is not responsible for any non-Xerox litigation expenses or settlements unless it preapproves them in writing. To avoid infringement, Xerox may modify or substitute an equivalent Product, refund the price paid for the Product (less the reasonable rental value for the period it was available to you), or obtain any necessary licenses. Xerox is not liable for any infringement-related liabilities outside the scope of this Section including, but not limited to, infringement based upon a Product being modified to your specifications or being used or sold with products not provided by Xerox. 7. LIMITATION OF LIABILITY. Xerox shall not be liable to you for any direct damages in excess of $10,000 or the amounts paid hereunder, whichever isgteater, and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether the claim alleges tortious conduct (including negligence) or any other legal theory. Any action you take against Xerox must be commenced within two (2) years after the event that caused it. 8. ASSIGNMENT. A. If you wish to assign any rights or obligations under this Agreement, you shall provide a written notice to Xerox of such request for consent, with said notice including the name of the proposed assignee. Your request to assign this Agreement will be granted by Xerox if. (1) you are not in default under this Agreement or under any other agreement with Xerox; (2) the proposed assignee agrees to Section 3.D. of this Agreement titled "LEASE COMMENCEMENT, PAYMENT, TAXES & CREDIT HISTORY" as applicable to it, for the purposes of the proposed assignment; (3) the proposed assignee meets Xerox's then current credit criteria for similar transactions as determined by Xerox in its sole discretion; and, (4) you and the proposed assignee execute a writing, in a form acceptable to Xerox, confirming said assignment. B. Xerox may assign this Agreement, in whole or in part, without prior notice to you and may release information it has about you related to this Agreement. Each successive assignee of Xerox shall have all of the rights but none of the obligations of Xerox hereunder. You shall continue to look to Xerox for performance of Xerox's obligations, including the provision of Basic Services, and you hereby waive and release any assignees of Xerox from any such claim. To the extent that Xerox notifies you of any such assignment, you shall make all payments due hereunder in accordance with the instructions of such assignees of Xerox. You shall not assert any defense, counterclaim or setoff that you may have or claim against Xerox against any assignees of Xerox. 9. MINIMUM LEASE PAYMENTS. Each Minimum Lease Payment (which may be billed on more than one invoice) includes a Periodic Base Charge, and may include a Periodic Minimum Number of Prints. The Minimum Lease Payments, Xerox Form# 51860t&c (01/2004) 02/10/04 Page 2 Of 7 along with any additional Print Charges for prints made in excess of the Minimum # of Prints, cover your cost for the use of the Equipment and its maintenance (provided as Basic Services). 10. MAINTENANCE COMPONENT PRICE INCREASES. Xerox may annually increase that amount of the Minimum Lease Payment and Print Charges you are charged for maintenance of the Equipment (the "Maintenance Component"), each such increase not to exceed 10%. (For state and local government customers, this adjustment shall take place at the commencement of each of your annual contract cycles.) 11. TITLE, RISK & RELOCATION. Title to the Equipment shall remain with Xerox unless and until you exercise your option to purchase the Equipment. If you acquire title to the Equipment, you must comply with all applicable laws and regulations regarding the export of any commodity, technology and/or software. You agree that: (a) the Equipment shall remain personal property; (b) you will not attach any of the Equipment as a fixture to any real estate; (c) you will not pledge, sub-lease or part with possession of the Equipment or file or permit to be filed any lien against the Equipment; and, (d) you will not make any permanent alterations to the Equipment. The risk of loss due to your fault or negligence, as well as theft or disappearance, shall pass to you upon shipment from a Xerox controlled facility. The risk of loss due to all other causes shall remain with Xerox unless and until you exercise your option to purchase the Equipment. Unless and until title passes to you, all Equipment relocations must be arranged (or approved in advance) by Xerox. Equipment cannot be relocated outside of the United States, its territories or possessions until you have exercised the Purchase Option indicated in this Agreement. All parts/materials replaced, including as part of an upgrade, will become Xerox's property. 12. RENEWAL. Unless either party provides notice at least thirty (30) days before the end of the lease term of its intention not to renew the lease, it will be renewed automatically on a month-to-month basis at the same price and on the same terms and conditions. Billing will occur at the same frequency as the original lease. During this renewal period, either side may terminate this Agreement upon at least thirty (30) days notice. 13. BREACH & REMEDIES; LATE CHARGES & COLLECTION EXPENSES. A. If any payment is not received by Xerox on or before the due date, Xerox may charge you, and you agree to pay, a late charge to cover Xerox's costs of collection equal to $25.00 (or if less, the maximum amount permitted by law). B. You will be in default under this Agreement if (1) Xerox does not receive any payment within fifteen (15) days after the date it is due or (2) if you fail to cure any other breach hereunder within fifteen (15) days after receiving of notice of said breach. If you default, Xerox, in addition to its other remedies (including the cessation of Basic Services), may require immediate payment, as liquidated damages for loss of bargain and not as a penalty, of. (a) all amounts then due, plus interest on all amounts due from the due date until paid at the rate of one and one- half percent (1.5%) per month (not to exceed the maximum amount permitted by law); (b) the remaining Minimum Lease Payments in the Agreement's term less any unearned finance, maintenance, and supply charges (as reflected on the lessor's books and records); (c) a reasonable disengagement fee calculated by Xerox, that will not exceed fifteen percent (15%) of the amount in (b) above (said amount is available from Xerox at any time upon request); and, (d) all applicable Taxes. In addition to paying the amounts required in the preceding sentence if you default, you shall either (1) return the Equipment to Xerox in the same condition as when delivered, reasonable wear and tear excepted, when requested to do so by Xerox, or (2) purchase the Equipment by paying Xerox the Purchase Option therefor and all applicable Taxes. If you elect to purchase the Equipment, title to the Equipment shall pass to you "AS IS, WHERE IS" and WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE after Xerox receives payment ofthe amounts required under (a), (b), (c), (d) and (2) above in this Section and the Purchase Option. Xerox's decision to waive or forgive a particular default shall not prevent Xerox from declaring any other default. In addition, ifyou default under this Agreement, you agree to pay all of the costs Xerox incurs to enforce its rights against you, including reasonable attorneys' fees and actual costs. 14. CARTRIDGES. In support of Xerox's environmental leadership goals, cartridges packed with Equipment and replacement cartridges may be new, remanufactured or reprocessed. Remanufactured and reprocessed cartridges meet Xerox's new cartridge performance standards and contain new and/or reprocessed components. To enhance print quality, the cartridge(s) for many models of Equipment have been designed to cease functioning at a predetermined point. In addition, many Equipment models are designed to function only with cartridges that are newly manufactured original Xerox cartridges or with cartridges intended for use in the U.S. Equipment configuration that permits use of non-newly manufactured original Xerox cartridges may be available from Xerox at an additional charge. Certain cartridges are also sold as Environmental Partnership Cartridges; you agree that these cartridges remain the property of Xerox and you shall return them to Xerox for remanufacturing once they cease functioning. 15. EQUIPMENT STATUS. In support of Xerox's environmental leadership goals, and unless you are acquiring Previously Installed Equipment, Equipment will be either (a) "Newly Manufactured", which may contain some recycled components that are reconditioned; (b) "Factory Produced New Model", which is manufactured and newly serialized at a Xerox factory, adds functions and features to a product previously disassembled to a Xerox predetermined standard, and contains both new components and recycled components that are reconditioned; or, (c) "Remanufactured", which has been factory produced following disassembly to a Xerox predetermined standard and contains both new components and recycled components that are reconditioned. 16. PURCHASE OPTIONS. You may purchase the Equipment, "AS IS, WHERE- IS" and WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE, at the end of, or during, the lease term. You may purchase the Equipment at the end of the lease term for the Purchase Option indicated in this Agreement (i.e., either a set dollar amount or the Fair Market Value of the Equipment at the lease term's conclusion ["FMV"]), plus aiy applicable Taxes. You may purchase the Equipment at any time during the lease term by paying: (a) all amounts then due; (b) the remaining Minimum Lease Payments in the Agreement's term less any unearned finance, maintenance, and supply charges (as reflected on the lessor's books and records); (c) a reasonable disengagement fee calculated by Xerox (the amount of such fee to be available from Xerox at any time upon request); (d) the applicable Purchase Option; and, (e) all applicable Taxes. 17. PROTECTION OF XEROX'S RIGHTS. You hereby authorize Xerox or its agents to file, by any permissible means, all documents necessary to protect Xerox's rights as the Equipment Lessor (including any Uniform Commercial Code protective filings in favor of Xerox). You agree that Xerox can, but shall not be obligated to, take on your behalf and at your expense any action required to be taken by you under this Agreement and which you fail to take. 18. REPRESENTATIONS, WARRANTIES & COVENANTS. You represent, as of the date of this Agreement, that: (a) you have the lawful power and authority to enter into this Agreement; (b) the person(s) signing this Agreement have been duly authorized to do so on your behalf, (c) by entering into this Agreement you will not violate any law or other agreement to which you are a party; (d) you are not aware of anything that will have a material negative effect on your ability to satisfy your obligations under this Agreement; and, (e) all financial information you have provided to Xerox is true and accurate and provides a good representation of your financial condition. In addition to the other provisions of this Agreement, you agree that during the tern of this Agreement, you will promptly notify Xerox in writing if you move your principal place of business, if you change the name of your business or if there is a change in ownership. 19. NOTICES. Notices must be in writing and will be deemed given five (5) days after mailing, or two (2) days after sending by nationally recognized overnight courier, to your (or our) business address, or to such other address designated by either party to the other by written notice given pursuant to this sentence. For purposes of the foregoing sentence, the term "business address" shall mean, for you, the "Bill to" address listed on the first page of this Agreement and, for Xerox, our inquiry address set forth on the most recent invoice to you. 20. FORCE MAJEURE. Xerox shall not be liable to you during any period in which its performance is delayed or prevented, in whole or in part, by a circumstance beyond its reasonable control, which circumstances include, but are not limited to, the following: act of God (e.g., flood, earthquake, wind); fire; war; act of a public enemy or terrorist; act of sabotage; epidemic; strike or other labor dispute; riot; piracy or other misadventure of the sea; embargo; inability to secure materials and / or transportation; or, a restriction imposed by legislation, an order or a rule or regulation of a governmental entity. If such a cimrnrssttance occurs, Xerox shall undertake reasonable action to notify you of the same. 21. MISCELLANEOUS. This Agreement constitutes the entire agreement as to its subject matter, supersedes all prior and contemporaneous oral and written agreements, and shall be construed under the laws of the State of New York (without regard to conflict-of-law principles). YOU CONSENT TO THE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS IN MONROE COUNTY, NEW YORK. If a court finds any term of this Agreement to be unenforceable, the remaining terms of this Agreement shall remain in effect. Xerox may retain a reproduction (e.g., electronic image, photocopy, or facsimile) of this Agreement which shall be considered an original and shall be admissible in any action to enforce this Agreement. Xerox may accept this Agreement either by its authorized signature or by commencing performance (e.g., Equipment delivery). All changes to this Agreement must be made in a writing signed by both parties; accordingly, any terms on your ordering documents shall be of no force or effect. IN ANY ACTION TO ENFORCE THIS AGREEMENT, THE PARTIES AGREE Xerox Form# 51860t&c (01/2004) 02/10/04 Page 3 of 7 TO WAIVE THEIR RIGHT TO A JURY TRIAL. The following four sentences control over every other part of this Agreement and over all otherdocum>entsnow or later pertaining to this Agreement. We both intend to comply with applicable laws. In no event will Xerox charge or collect any amounts in excess of those allowed by applicable law. Any part of this Agreement that would, but for this Section, be read under any circumstances to allow for a charge higher than that allowed under any applicable legal limit, is limited and modified by this Section to limit the amounts chargeable under this Agreement to the maximum amount allowed under the legal limit. If, in any circumstances, any amount in excess of that allowed by law is charged or received, any such charge will be deemed limited by the amount legally allowed and any amount received by Xerox in excess of that legally allowed will be applied by us to the payment of amounts legally owed under this Agreement, or refunded to you. SOFTWARE TERMS: The following additional terms apply only to transactions covering Application Software and/or Xerox-brand Equipment: 22. SOFTWARE LICENSE. The following terms apply to copyrighted software and the accompanying documentation, including, but not limited to, operating system software, provided with or within the Xerox-brand Equipment acquired hereunder ("Base Software") as well as software specifically setoutas"Apphcation Software" on the face of this Agreement. This license does not apply to any Diagnostic Software or to any software / documentation accompanied by a clickwrap or shrinkwrap license agreement or otherwise made subject to a separate license agreement. A. Xerox grants you a non-exclusive, non-transferable license to use the Base Software within the United States, its territories, and possessions (the "United States") only on or with the Equipment with which (or within which) it was delivered. For Application Software, Xerox grants you a non-exclusive, non- transferable license to use this software within the United States on any single unit of equipment for as long as you are current in the payment of any indicated software license fees (including any Annual Renewal Fees). You have no other rights to the Base or Application Software and, in particular, may not: (1) distribute, copy, modify, create derivatives of, decompile, or reverse engineer this software; (2) activate any software delivered with or within the Equipment in an unactivated state; or, (3) allow others to engage in same. Title to the Base and Application Software and all copyrights and other intellectual property rights in it shall at all times reside solely with Xerox and/or its licensors (who shall be considered third-party beneficiaries of this Agreement's software and limitation of liability provisions). Base and Application Software may contain, or be modified to contain, computer code capable of automatically disabling proper operation or functioning of the Equipment. Such disabling code may be activated if. (a) Xerox is denied reasonable access to the Base or Application Software to periodically reset such code; (b) you are notified of a default under any term of this Agreement; or, (c) your license is terminated or expires. B. Xerox may terminate your license for any Base Software (1) immediately ifyou no longer use or possess the Equipment or are a lessor of the Equipment and your first lessee no longer uses or possesses it, or (2) upon the termination of any agreement under which you have rented or leased the Equipment. C. If you transfer possession of the Equipment after you obtain title to it, Xerox will offer the transferee a license to use the Base Software xidtinthe United States on or with it, subject to Xerox's then-applicable terms and license fees, if any, and provided the transfer is not in violation of Xerox's rights. D. Xerox warrants that the Base and Application Software will perform in material conformity with its published specifications for a ninety (90) day period from the date it is delivered or, for software installed by Xerox, the date of software installation. Neither Xerox nor its licensors warrant that the Base or Application Software will be free from errors or that its operation will be uninterrupted. 23. SOFTWARE SUPPORT. During the period that Xerox (or a designated servicer) provides Basic Services for the Equipment but in no event longer than five (5) years after Xerox stops taking orders from customers for their acquisition of the subject model of Equipment, Xerox (or a designated servicer) will also provide software support for the Base Software under the following terms. For Application Software, Xerox will provide this same level"ofsupport provided you are current in the payment of all Initial License and Annual Renewal Fees (or, for programs not requiring Annual Renewal Fees, the payment of the Initial License Fee and the annual "Support Only" Fees): A. Xerox will assure that Base and Application Software performs in material conformity with its published specifications and will maintain a toll-free hotline during standard business hours to answer related questions. B. Xerox may make available new releases of the Base or Application Software that primarily incorporate coding error fixes and are designated as "Maintenance Releases". Maintenance Releases are provided at no charge and must be implemented within six (6) months after being made available to you. Each new Maintenance Release shall be considered Base or Application Software governed by these Software Terms. New releases of the Base or Application Software that are not Maintenance Releases, if any, may be subject to additional license fees at Xerox's then-current pricing and shall be considered Base or Application Software governed by these Software Terms (unless otherwise noted). Xerox will not be in breach of its software support obligations hereunder if, in order to implement, in whole or in part, a new release of Base or Application Software provided or made available to you by Xerox, you must procure, at your expense, additional hardware and/or software from Xerox or any other entity. You agree to return or destroy all prior releases. C. Xerox will use reasonable efforts, either directly and/or with its vendors, to resolve coding errors or provide workarounds or patches, provided you report problems in the manner specified by Xerox. D. Xerox shall not be obligated (1) to support any Base or Application Software that is two or more generations older than Xerox's most current release or (2) to remedy coding errors if you have modified the Base or Application Software. E. Xerox may annually increase the Annual Renewal and Support-Only Fees, each such increase not to exceed 10%. (For state and local-govemmentcustomers, this adjustment shall take place at the commencement of each of your annual contract cycles.) 24. DIAGNOSTIC SOFTWARE. Software used to maintain the Equipment and/or diagnose its failures or substandard performance (collectively "Diagnostic Software") is embedded in, resides on, or may be loaded onto the Equipment. The Diagnostic Software and method of entry or access to it constitute valuable trade secrets of Xerox. Title to the Diagnostic Software shall at all times remain solely with Xerox and/or Xerox's licensors. You agree that (a) your acquisition of the Equipment does not grant you a license or right to use the Diagnostic Software in any manner, and (b) that unless separately licensed by Xerox to do so, you will not use, reproduce, distribute, or disclose the Diagnostic Software for any purpose (or allow third parties to do so). You agree at all times (including subsequent to the expiration of this Agreement) to allow Xerox to access, monitor, and otherwise take steps to prevent unauthorized use or reproduction of the Diagnostic Software. GOVERNMENT CUSTOMER TERMS: The following additional terms apply only to lease transactions with state and local government customers: 25. REPRESENTATIONS & WARRANTIES, FUNDING, TAX TREATMENT & PAYMENT A. REPRESENTATIONS & WARRANTIES. You hereby represent and warrant, as of the date of this Agreement, that: (1) you are a State or a fully constituted political subdivision or agency of the State in which you are located and are authorized to enter into, and carry out, your obligations under this Agreement and any other documents required to be delivered in connection with the Agreement (collectively, the "Documents"); (2) the Documents have been duly authorized, executed and delivered by you in accordance with all applicable laws, rules, ordinances and regulations (including, but not limited to, all applicable laws governing open meetings, public bidding and appropriations required in connection with this Agreement and the acquisition of the Equipment) and are valid, legal, binding agreements, enforceable in accordance with their terms and the person(s) signing the Documents have the authority to do so, are acting with the full authorization of your governing body and hold the offices indicated below their signatures, each of which are genuine; (3) the Equipment is essential to the immediate performance of a governmental or proprietary function by you within the scope of your authority and shall be used during the lease term only by you and only to perform such function; and, (4) your obligations to remit payments under this Agreement constitute a current expense and not a debt under applicable state law and no provision of this Agreement constitutes a pledge of yourtaxorgeneral revenues and any provision that is so construed by a court of competent jurisdiction is void from the inception of this Agreement. B. FUNDING. You represent and warrant that all payments due and to become due during your current fiscal year are within the fiscal budget of such year and are included within an unrestricted and unencumbered appropriation currently available for the lease/purchase of the Equipment, and that it is your intent to use the Equipment for the entire lease term and to make all payments required under this Agreement. In the event that (1) through no action initiated by you your legislative body does not appropriate funds for the continuation of this Agreement for any fiscal year after the first fiscal year and has no funds to do so from other sources, and (2) you have made a reasonable but unsuccessful effort to find a creditworthy assignee acceptable to Xerox in its sole discretion within your general organization who can continue this Agreement, this Agreement may be temrinatedToeffectthis termination, you shall, thirty (30) days prior to the beginning of the fiscal year for which your legislative body does not appropriate funds for such upcoming fiscal year, send Xerox written notice stating that your legislative body failed to appropriate funds and that you have made the required effort to find an assignee. Your notice must be accompanied by payment of all sums then owed through the current year to Xerox under this Agreement and must certify that the canceled Xerox Form# 51860t&c (01/2004) 02/10/04 Page 4 Of 7 Equipment is not being replaced by equipment performing similar functions during the ensuing fiscal year. In addition, you agree at your expense to return the Equipment in good condition to a location designated by Xerox and that, when returned, the Equipment will be free of all liens and encumbrances. You will then be released from your obligations to make any further payments to Xerox beyond those due for the current fiscal year (with Xerox retaining all sums paid to date). C. TAX TREATMENT. This Agreement has been accepted on the basis of your representation that Xerox may claim any interest paid by you as exempt from federal income tax under Section 103(c) of the Code. You agree to comply with the information reporting requirements of Section 149(e) of the Code.Suchcompliance shall include, but not be limited to, the execution of 8038-G or 8038-GC Information Returns. You hereby appoint Xerox as your agent to maintain, and Xerox agrees to maintain, or cause to be maintained, a complete and accurate record of all assignments of this Agreement in form sufficient to comply with the book entry requirements of Section 149(a) of the Code and the regulations prescribed thereunder from time to time. Should Xerox lose the benefit of this exemption as a result of your failure to comply with or be covered by Section 103(c) or its regulations, then, subject to the availability of funds and upon demand by Xerox, you shall pay Xerox an amount equal to its loss in this regard. At the time of execution of this Agreement, you shall provide Xerox with a properly prepared and executed copy of US Treasury Form 8038 or 8038-GC. D. PAYMENT. Your payment is due within thirty (30) days of our invoice date. ADDITIONAL TERMS: The following additional terms apply only to the extent that you have agreed to one or more of the options described below: 26. SUPPLIES INCLUDED IN BASE/PRINT CHARGES. If this option has been selected, Xerox (or a designated servicer) will provide you with black toner, black developer, copy cartridges, and fuser ('Consumable Supplies") throughout the term of this Agreement. For full-color Equipment, Consumable Supplies shall also include color toner and developer. You agree that the Consumable Supplies are Xerox's property until used by you, that you wi 11 use them only with the Equipment, that you will return all Cartridges to Xerox for remanufacturing once they have been run to their cease-function point, and that you will return any unused Consumable Supplies to Xerox at the end of this Agreement. Shoukiyouruseof Consumable Supplies exceed the typical use pattern (as determined by Xerox) for these items by more than 10%, you agree that Xerox shall have the right to charge you for any such excess usage. 27. REPLACEMENT / MODIFICATION OF PRIOR XEROX AGREEMENT. If this option has been selected, this Agreement will replace or modify a prior agreement between you and Xerox covering the specified equipment. If it is a replacement agreement, the prior agreement shall be null and void. If it is a modification, the prior agreement shall remain in effect except that any terms presented in this modification agreement that conflict with, or are additive to, any of the terms in the prior agreement shall take precedence over the terms in the prior agreement for the balance of the Agreement. In addition, modifications requiring a reamortization of your payments may include a one-time ninistrative/processing charge that will appear on your first bill under this revised arrangement. 28. XEROX AS FINANCIAL INTERMEDIARY. If this option has been selected, you are leasing specifically identified products that were selected by you and that are not sold by Xerox in the normal course of its business. If you have signed a purchase contract for such products, by signing this Agreement you assign your rights but none of your obligations under such purchase contract to Xerox. With regard to these products, you agree that Xerox is leasing them to you "AS IS, WHERE IS" and that XEROX HAS NOT MADE, AND YOU HEREBY WAIVE, ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT, and (b) ANY REPRESENTATION OR WARRANTY REGARDING THE PRODUCTS' SUITABILITY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR WORKMANSHIP, OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW. Xerox assigns to you, to the extent assignable, any warranty rights it has to these products (which rights shall revert to Xerox ifyou breach this Agreement). You agree (1) that these products are not covered by Xerox's obligation to provide Basic Services; (2) to maintain a service agreement for these products with a service provider acceptable to Xerox throughout thisAgteement's term; (3) to pay all personal property taxes related to these products; and (4) to assign to Xerox any rights you have to these products until title passes from Xerox to you (which, subject to any software licenses surrounding the acquisition ofthese products, shall occur when you obtain title to all Xerox-brand Equipment covered by this Agreement). 29. FINANCED SOFTWARE TOTAL. If this option has been selected, the initial license fees for any Application Software set forth in this Agreementshallbepaid for through your Minimum Lease Payments. If you breach this license or any of your obligations regarding the Equipment, the full amount of the initial license fees shall be immediately due and payable. 30. FINANCED SUPPLIES TOTAL. If this option has been selected, the cost of any supplies you have purchased under this Agreement shall be paid for through your Minimum Lease Payments. If you breach any of your obligations regarding the Equipment, the full amount of the supply costs shall become immediately due and payable. 31. REFINANCE OF PRIOR AGREEMENT. If this option has been selected, the balance of your prior indicated agreement with Xerox or a third party shall be paid for through your Minimum Lease Payments. If your prior agreement is with athird party, you hereby acknowledge that you have the right to terminate the agreement and agree to provide a statement from the third-parry identifying the equipment at issue and the amount to be paid off (as well as a statement from you identifying the payee and mailing address for your payoff check). If your prior agreement was with Xerox, the use of this refinance option shall render your prior agreement null and void. If you breach this Agreement, the full amount of your prior agreement balance shall be immediately due and payable. 32. ADJUSTMENT PERIOD. If this option has been selected, your Minimum Lease Payment and/or Print Charges shall be adjusted in accordance with the information contained in the Adjustment Period portion of this Agreement asa result, your initial payment(s) shall be different from those payable during the balance of this Agreement. 33. K-16 BILLING SUSPENSION. If this option has been selected, the Maintenance Component of your Minimum Lease Payment and Print Charges will be suspended each year during the months indicated. During these months, you agree that you will not use the Equipment and that Xerox shall not be responsible for providing Basic Services on it. If Xerox provides Basic Services during the K- 16 Billing Suspension period, you will be billed at Xerox's then-current Time and Materials ("T&M") rates for such Basic Services. 34. TRADE-IN EQUIPMENT. If this option has been selected, you are providing equipment to Xerox as part of this Agreement ("Trade-In Equipment") and the following shall apply: A. TITLE TRANSFER. You warrant that you have the right to transfer title to the Trade-In Equipment and that it has been installed and performing its intended function for the previous year at the address where the replacement equipment is to be installed. Title and risk of loss to the Trade-In Equipment shall pass to Xerox when Xerox removes it from your premises. B. CONDITION. You warrant that the Trade-In Equipment is in good working order, has not been modified from its original configuration (other than by Xerox), and has a UL label attached. You agree to maintain the Trade-In Equipment at its present site and in substantially its present condition until removed by Xerox. C. ACCRUED CHARGES. You agree to pay all accrued charges for the Trade-In Equipment (up to and including payment of the Final Principal Payment Number) and to pay all maintenance, administrative, supply and finance charges for this equipment through the date title passes to Xerox. 35. RUN LENGTH PLAN. If this option has been selected, the first ten prints of each original (per run) are recorded and billed on both meters with all subsequent prints recorded and billed on Meter A only. (Note that if a 5090 family product covered by this plan has its document handler left open, all affected copies will be recorded and billed on both meters.) 36. FIXED PRICE PLAN. If this option has been selected, Xerox will forego its right to increase the Maintenance Component throughout the initial term ofthis Agreement. 37. PER-FOOT PRICING. If this option has been selected, all Print Charges will be billed on a per-foot basis, with each linear foot equal to one print. 38. EXTENDED SERVICE HOURS. If this option has been selected, Xerox will provide Basic Services during the hours indicated, with the first number establishing the number of eight-hour shifts covered and the second establishing the days of the week (e.g., 2 x 6 would provide service from 8:00 A.M. to 11:59 P.M., Monday through Saturday). The cost of this enhanced service coverage will be billed separately and, as such, is not included in your Minimum Lease Payment or Print Charges. 39. ATTACHED ADDENDA. If this option has been selected, you acknowledge that one or more specified addenda (as indicated) have been provided to you. These addenda, which provide additional terms relevant to the transactions covered hereunder, are hereby fully integrated into this Agreement. 40. NEGOTIATED CONTRACT. If this option has been selected, the Products identified in this Agreement are subject solely to the terms contained in (a) either (I ) the identified Negotiated Contract for a lease transaction or (2) if there are no such terms in the Negotiated Contract, the terms set forth in this Agreement, aid, if Xerox Fomi4 51860t&c (01/2004) 02/10/04 Page 5 of 7 applicable and notwithstanding anything to the contrary set forth in the Negotiated Contract, (b) the "Additional Terms" portion of this Agreement for the selected option or options to the extent the subject matter of any such selected option is not addressed in the Negotiated Contract. 41. DSA CONTRACT NUMBER. If a DSA Contract Number has been inserted, the Equipment and/or software identified in this Agreement are associated with the Services being provided under the referenced Document Services Agreement ("DSA"), but such Equipment and/or software are subject solely to the terms contained in this Agreement. For customer support tools to manage your account online, visit your Account Management link @ www.xerox.com Xerox Form# 51860t&c (01/2004) 02/10/04 Page 6 of 7 Ti t !ru - ?,u ?C,,'oiie?x7 XEROX AGREEMENT ADDENDUM (GOVERNMENTAL ENTTTY AS LESSEE) This ADDENDUM ("Addendum") amends the agreement between you and Xerox to which it is attached (the "Agreement'). The parties agree to the following terms: I. Section 25(B) of the Agreement is deleted in its entirety and the following is inserted in its place: B. FUNDING. You represent and warrant that all payments due and to become due during your current fiscal year are within the fiscal budget of such year and are included within an unrestricted and unencumbered appropriation currently available for the lease/purchase of the Equipment, and that it is your intent to use the Equipment for the entire term of this Agreement and to make all payments required under this Agreement. In the event that (1) through no action initiated by you, your legislative body does not appropriate funds for the continuation of this Agreement for any fiscal year after the first fiscal year and has no funds to do so from other sources, and (2) you have made a reasonable but unsuccessful effort to find a creditworthy assignee acceptable to Xerox, in its sole discretion, within your general organization who can continue this Agreement, this Agreement may be terminated. To effect this termination, you shall, thirty (30) days prior to the beginning of the fiscal year for which your legislative body does not appropriate funds for such upcoming fiscal year, send Xerox written notice stating that your legislative body failed to appropriate funds and that you have made the required effort to find an assignee. Your notice must be accompanied by payment of all sums then owed through the current fiscal year to Xerox under this Agreement. In addition, you agree at your expense to return the Equipment in good condition to a location designated by Xerox and that, when returned, the Equipment will be free of all liens and encumbrances. You will then be released from your obligations to make any further payments to Xerox beyond those due for the current fiscal year (with Xerox retaining all sums paid to date). Except as specifically amended by this Amendment, all of the other terms set forth in the Agreement shall remain in full force and effect. Xerox Form# 54100_SLG (01/2004) 2/1004 Page 7 of 7