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TC Council Packet 07-27-2004STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON 1 NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD JULY 27, 2004, AT 3 PM AT THE AVON MUNICIPAL BUILDING LOCATED AT 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 3:00 PM - 3:30 PM 1) Executive Session - (Conferring with Town Attorney) - The topic meets the requirements of C.R.S. 24-6-402-4 (b) - Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. Discuss negotiations with Village (at Avon) regarding municipal services invoice. 3:30 PM - 4:30 PM 2) Council Committee Updates - Council members are assigned to several committees and update their progress. 1-70 Corridor Update (Mayor Reynolds) Channel 5 and VVCTB / Fly Summer Vail Update (Mike Brown) Water Updates (Debbie Buckley) 4:30 PM - 4:45 PM 3) Review of Lot 2, Filing 1, Village at Avon PUD Building Update (Tambi Katieb) Update to plans on the commercial & office building proposed by developer, Traer Creek, LLC 4:45 PM - 5:00 PM 4) Outdoor Lighting Request for Proposal (Tambi Katieb) Outdoor Lighting Plan Request for Proposals (RFP) - Outdoor Lighting Plan and Ordinance Request for Proposals to include Municipal Lighting and an Assessment of all Outdoor Lighting Issues 5:00 PM - 5:30 PM 5) Staff Updates a. Nottingham Road Improvements and Existing Tree Locations (Norm Wood) - Discuss the Proposed Nottingham Road Street Improvements Plans with Respect to the Existing Trees located on the Cottonwood Site b. Building Code Updates (Norm Wood) - Completion of a First Draft of Avon Municipal Code Revisions in Preparation for the Adoption of Current Building Codes c. Sales Tax Audit Program (Scott Wright) - Program to Conduct Tax Revenue Audits, Specifically Sales Tax d. Community Development Updates (Tambi Katieb) 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. ¦ Comments from the public are welcome. POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JULY 23, 2004: ? Avon Municipal Building, Main Lobby ? Alpine Bank, Main Lobby ? Avon Recreation Center, Main Lobby ? City Market, Main Lobby Avon Council Meeting. 04.07.27 TOWN OF AVON REGULAR COUNCIL MEETING AGENDA JULY 27, 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 3. Resolutions a. Resolution No. 04-25, Series of 2004, Resolution relating to Proposed Amendments to existing Non-Developable Areas in the Wildridge Planned Unit Development (Tambi Katieb) - Resolution addressing basic criteria to proposals in Wildridge that would request a change to existing platted "non developable areas". b. Resolution 04-28, Series of 2004, a Resolution approving revised Town of Avon Residential, Commercial and Industrial Design Review Guidelines - Procedures, Rules and Regulations as adopted November 6, 2001 (Tambi Katieb) c. Resolution No. 04-29, Series of 2004, Resolution Approving and Accepting the Public improvements Installed and Constructed in Accordance with Subdivision Improvements Agreement of the Village (At Avon) Filing 2 and Establishing Warranty Period for said Improvements Avon, Eagle County, Colorado (Norm Wood) 4. Ordinances Second Reading and Public Hearing a. Ordinance No. 04-09, Series of 2004, An Ordinance Authorizing Retail Liquor Stores or Liquor-Licensed Drug Stores in the Town of Avon to Conduct Alcoholic Beverage Tastings (John Dunn) - Ordinance that addresses the recently passed legislation at the State that allows tastings at the above referenced establishments. b. Ordinance No. 04-10, Series of 2004, An Ordinance Amending Title 9, Avon, Municipal Code, as it relates to Possession of Opened Containers of Vinous Liquor (John Dunn) - Ordinance that addresses the conflict between Avon's Code and the recently passed legislation at the State pertaining to open containers. First Reading a. Ordinance No. 04-11, Ordinance Amending Title 8, Avon Municipal Code, to Establish Regulations and Standards Regarding the Protection of Wildlife and Providing Penalties for the Violation Hereof (John Dunn) - Addresses concerns with wildlife and refuse containers b. Ordinance No. 04-12, Series of 2004, An Ordinance Amending Title 16 and 17 of the Avon Municipal Code of the Town of Avon as it relates to review of Planned Unit Development Zone Districts, Definition of Building Height, and Parking (Tambi Katieb) - Ordinance proposes several revisions to both the Zoning and Subdivision Codes c. Ordinance No. 04-13, Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions (Norm Wood) - Ordinance that addresses the Exception to Construction Hour Limitations Under Certain Conditions. Avon Council Meeting. 04.07.27 TOWN OF AVON REGULAR COUNCIL MEETING AGENDA JULY 27, 2004 - 5:30 PM Page 2 5. New Business a. Public Hearing for Permit Application for Outdoor Use of Sound Amplification System (Patty McKenny) Applicants Name: John Osurio Event Name: American Crown Circus, Inc. Event Date: July 29, 2004; 2 shows, 6 PM - 8PM & 8 PM - 10 PM 6. Other Business 7. Unfinished Business 8. Town Manager Report 9. Town Attorney Report 10. Mayor Report 11. Consent Agenda a. Approval of the July 13, 2004 Regular Council Meeting Minutes b. Renewal of Hotel/Restaurant liquor license for China Garden, 100 W. Beaver Creek Blvd, Avon, Colorado (Patty McKenny) c. Nottingham Road Improvements - (Phase 1) Easement Appraisals - Valuation Consultants, Inc. Appraisal Services Proposal (Norm Wood) d. Nottingham Road Improvements (1-70 to Buck Creek Road) Intermountain Engineering, Ltd. Additional Engineering and Contract Administration Services Proposal - Proposed for Surveying and Landscape Design Services (Norm Wood) e. Resolution No. 04-30, Series of 2004, A Resolution Consenting To Participation By The Eagle Valley Library District In The Colorado Intergovernmental Risk Sharing Agency (John Dunn) - Authorizing Eagle Valley Library District's participation in CIRSA f. Resolution No. 04-31, Series of 2004, Resolution Approving the Final Plat, A Resubdivision of Lot 72, Block 4, Wildridge, Town of Avon, Eagle County, Colorado (5350 Ferret Lane) (Anne Martins) g. Polling Place Agreement - Eagle County Clerk & Recorder - A Request of the Town to use the Municipal Building (Council Room) as an Official Polling Location to serve Precincts Nos. 15 & 19 for the November general election (Patty McKenny) 12. Adjournment Avon Council Meeting. 04.07.27 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON 1 NOTICE IS HEREBY GIVEN THAT THE AVON MAYOR AND TOWN COUNCIL MEMBERS WILL ATTEND A DINNER WITH THE BEAVER CREEK RESORT COMPANY BOARD MEMBERS ON MONDAY, JULY 26, 2004 BEGINNING AT 6:30 PM AT VISTA RESTAURANT, 48 EAST BEAVER CREEK BLVD, AVON, CO TOWN OF AVON, COLORADO BY: Patty McKenny Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JULY 23, 2004 ? AVON MUNICIPAL BUILDING, MAIN LOBBY ? ALPINE BANK, MAIN LOBBY ? AVON RECREATION CENTER, MAIN LOBBY ? CITY MARKET, MAIN LOBBY Special Meeting. vvctb.04.04.02 FINANCIAL MATTERS July 27, 2004 1. YTD Building Revenue Report Actual vs Budget - June 2004 2. Detail-Real Estate Transfer Taxes - June 2004 3. Accomodations Tax Worksheet Actual vs Budget - May 2004 4. Sales Tax Worksheet Actual vs Budget - May 2004 H W C7 R; (11 M O N M N O N 0 ?r 0 N N E, P: M O o 0.i N W N HW N O c co E + r-I f? rS; O OH N U) N 3 W ?n w G w rz +? G v v U Rl SI tJ? 7? C O ri G 7 w C e ?.o 7-. ^a ? w O x (2 W N W H CY, U »O w G \q r r- 'T r N CJIr M 10 G 13) 1o m r v, CD U N E+ Qq . . . J-i 1-- 00 41N (1) CC) r 100-)Der rNa)cp W LO Ln Ln Ln Or Or N r-a O Ln Ln .-i .n N O r Cn (Y7 W CU Nrnm OOU?n D a;? l0 rn v' H 01H(D 0 r-I N v? l0M0)61 M ? FC ? to r rt ,-a m F? W N N r-1 l0 x O ri r Ln N M O ri W nLnu-) OMOM co x x U-) r ON O O G r o O x 6l (3) LI) C M M MOLnCO Oxmm co x 0w r rm n OON x CD z Ln r r O N O lD to lD !Z W ?n r mN1-4 r <r W W ra V) OOOo 0000 O w OOOO OOOO (D 0< H? p,' H WW W U W u) Orr lzv <rOO'3' x E- MMMO M iM to to H x10100 101D rO O Lnrr? ru- ?rx rn U 611010M OMN 10 Cl W LL' O?NN?' u?inNN l0 -1 N .-i N V? H Oooo OOOO 0 O O O O O O O O O G 0 0 0 0 0 0 0 0 O D O O O O 0 0 0 0 O (p C) LO U-) CD m 0C"i N Nrrr 0 Ll? O N CC) m Ln CO r U-) to r N co Ga G7 U) a: xU] HEM WWW I cncnHH H WU El E, I r;HWW W W ? a W (Z 3fx III W a W W i tW 2 1 E Qa C)4 a Q x 0 > ?z UI-AW Z H C7C7UFC Wmcr,0 zzH xH w HHZ? U>z Ca CYl FC W I-i C? cn I a, xcn zoHw U) ?ry I DaW W ?-75W W Q+ U la4 U) 0 I H x I a v F O oOO C oo0<? U NN El NNNE, U NNNO T "0 Ln n r_n E, Ln an L n E-1 G z w a w z w E. E? 0 0 co O m 0 O O O N u? N F- a 0 a W a a El F 0 E~ Town of Avon Real Estate Transfer Tax Calendar Year 2004 Amount Purchaser Name Property Received June Balance Forward $ 796,108.89 Holiday Christie Lodge Timeshare $2.00 Title Comp Rockies Christie Lodge Timeshare $12.00 Title Comp Rockies Christie Lodge Timeshare $99.95 Title Comp Rockies Mtn. Vista 04-25 7,645.32 Title Comp Rockies Mtn. Vista 04-24 3,549.20 Title Comp Rockies Mtn. Vista 04-23 5,548.50 Title Comp Rockies Mtn. Vista 04-22 4,988.90 Title Comp Rockies Lakeside Tern-ace 274.90 Holiday Falcon Pointe Timeshare 1.98 1 st American Heritage Falcon Pointe Timeshare 54.00 The Board Room Limited Liability Company Avon Commercial Center 113 7,500.00 Randall M. Guerriero Avon Commercial Center 234 5,500.00 Evan DeMuth Metcalf Commercial 104 3,415.50 Russell Dasovich Gosshawk Townhomes #5 2,620.00 Michael & Pamela Camelio Bristol Pines Townhomes 3 5,500.00 Michelle & Christopher McKenna Chambertin Townhomes #5 7,260.00 The Kane Living Trust Seasons @ Avon 613 7,900.00 Abend Family Trust Benchmark Condo C-1 1,700.00 Marvin Sleeper Jr. Sunridge @ Avon II G-101 100.00 Francisco Calderon Sunridge @ Avon II C-302 710.00 John W. Meckem Sunridge @ Avon II D-201 3,160.00 Mallon Virginia Sonnen Halde Condo 3-B 680.00 Michelle Kump Elk Run Townhomes 80-D 3,155.00 Michael & Laura Bennett Avon Lake Villas Q-2 7,300.00 William Jack 4311 Eaglebend Drive 4,150.00 Clifford Olson Lot 11 A Blk 1 Eaglebend 17,900.00 Elizabeth Taylor Trustee Lot 17 A Blk 4 Wildridge 14,800.00 Matthew Kamper & Laura Medina Lot 25 B Blk 1 Wildridge 8,800.00 Gary Plath Lot 22 B Blk 2 Wildridge 8,000.00 Total June Revenue $132,327.25 Total YTD Revenue 928,436.14 Total 2004 Budget 1,350,000.00 Variance, Favorable (Unfavorable) $ (421,563.86) r LLJ W CO) Y 0, Z (1) 0 t3) LL. F- W O Z j Z 0. 0 Q I..r V C0 Q cG C 0 V a O M C O U N O O 0 8 C (6 N G O O O O U N Cl) -0 O m N M O O N N O O N O U U N U Q O O O N m m 0 0 0 0 0 0 0 0 0 0 0 0 r rlt O O (D 0 0 0 0 0 0 0 ao r (0 N (0 0 0 0 0 0 0 0 m N t; (o a 0 0 0 0 0 0 ?t N 0 0 0 0 0 0 0 0 7 7 7 7 7 7 7 r rt O M d' (D (D V M Cl? N N m O 00 r r (0 Op N N r m r O .? 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Bcxc975 ,CO Bendmmrk Rmd Awn, Cbb aJo 8162D 97t}7z&4005 Office of the Town Manager To: Honorable Mayor and Town Council From: Larry Brooks, Town Manager Date: July 21, 2004 Regarding: 1-70 Coalition Meeting Update Buz and I attended the initial meeting of the above referenced coalition. The function of the group is to submit a locally preferred alternative for the Central Mountain Corridor to CDOT, and to use a unified voice to gain support and funding for such improvements. The attached minutes are self-explanatory. The IGA referred to in Gary's cover transmittal is the same IGA that Avon executed on April 13, 2004. I expect that participation in this group will require funding from each of the participants in much the same way we fund our participation in NWCOG, CAST, or other such organizations. I also suspect that nothing short of a strong, unified voice of the region will ever result in an appropriate solution to the mobility issues in the corridor. Buz and I will fill you in under his committee update. O C1 O OV N T July 19, 2004 RURAL RESORT REGION PO Box 2308 a Silverthorne, Colorado 80498 970-468-0295 • Fax 970-468-1208 • email: rrr@nwc.cog.co.us Thank your for taking time out of your busy schedule to attend the 1-70 Central Mountain Transportation Corridor Coalition Meeting on Friday July 16 in Summit County. The Interim Executive Committee for the Coalition was selected and consists of: Clear Creek County Jo Ann Sorensen Commissioner, Clear Creek County Alt. - Dennis Lunberry Mayor, City of Idaho Springs Eagle County Stan Zemler Manager, Town of Vail Alt. - Mike Gallagher Commissioner, Eagle County Garfield County Tr6si Houpt Commissioner, Garfield County Alt. - To be determined Grand County To be determined Lake County Bud Elliott Mayor, City of Leadville Alt. - To be determined Summit County Bob French Commissioner, Summit County Alt. - Barbara Davis Mayor, Town of Dillon The remainder of this packet contains the summary of the meeting and the attendance list with contact information. The next step is to convene a meeting of the Coalition's Interim Executive Committee to establish a funding schedule to support the effort and to unify the Intergovernmental Agreements. A copy of the Breckenridge version of the IGA has been included in this packet. If you have any questions, please do not hesitate to contact me. Sincerely, Gary Severson Executive director, Northwest Colorado Council of Governments and Adminstrator, Rural Resort Region Rural Resort Region is a voluntary coalition of county and municipal governments, business organizations and other entities who desire to address regional issues of mutual concern. Founding jurisdictions: Eagle County, Garfield County, Lake County, Pitkin County, Summit County. A Summary of: 1-70 Central Mountain Transportation Corridor Coalition Meeting Friday July 16, 2004 Summit County The fist meeting of the 1-70 Central Mountain Transportation Corridor Coalition was hosted by Rural Resort Region on July 16, 2004 at the Summit county commons near Frisco from 10:00 a. m. to 2:00 p.m. The stated objectives for the meeting were: 1. Define the situation to be addressed by an 1-70 Central Mountain Coalition. 2. Identify ways in which an 1-70 Central Mountain Coalition can positively address the defined situation. 3. Describe what an 1-70 Central Mountain Coalition should look like and how it should operate. 4. Identify a timeline for actions concerning an 1-70 Central Mountain Coalition. Tresi Houpt, Garfield County Commissioner and 2004 Rural Resort Region Chair welcomed participants, 35 individuals representing 19 local governmental jurisdictions and turned the floor over to State Representative Gary Lindstrom, House District 56 to give a background to set the stage for the day's meeting. Following Representative Lindstrom's presentation, Gary Severson, Executive director of Northwest Colorado Council of Governments and Administrator for Rural Resort Region facilitated the meeting to accomplish the stated objectives. The remainder of this summary are the comments and conclusions by objective. Objective 1 - Define the situation to be addressed by_an_1-70 Central Mountain Coalition. • Insufficient funding to maintain current 1-70 infrastructure. • How to obtain additional funding for 1-70 through existing mechanisms as well as new sources of funding. • Current alternatives for 1-70 do not have vision and are too locked into asphalt. The Coalition needs to identify better alternatives for 1-70. • Lack of private sector involvement from the affected jurisdictions. • Traffic noise problems. • Lack of "one voice" for the Central Mountain Corridor. • Traffic jams on 1-70 every Sunday afternoon. • Lack of CDOT coordination for planning projects that address the primary points of congestion. • CDOT spends limited funds "just to be doing something" without coordinated efforts for meaningful results. 3 • Lack of transit on 1-70. • Lack of concern by CDOT for sustainability of historic preservation, business survival and growth, and environment. • Lack of a regional airport to serve Summit County that would take pressure off of DIA and 1-70. Leadville could be regional airport. • Lack of plans in phase I for mitigation of impacts. • Unwillingness of Administration to fund highways at Congressionally approved levels. US Senate approved $318 billion and US House approved $228 billion, but Administration is willing to fund only $150 billion. • No alliances within Central Mountain Corridor, so we never get in line for funding. • No statewide buy-in to solve a problem on 1-70 that has statewide significance. The discussion resulted in an overall mission of the coalition: To develop a locally preferred alternative that will result in moving people and goods on 1-70 to and through the Central Mountain Corridor with the least amount of negative social, economic and environmental impacts. Objective 2 - Identify ways in which an 1-70 Central Mountain Coalition can positively address the defined situation. • A common voice, made up of alliance with all interests for the Central Mountain Corridor must be developed. • The Coalition must, through consensus, develop one locally preferred alternative. • The Coalition must take a worldview of the 1-70 Corridor. • The Coalition must show that the locally preferred alternative is a way to solve problems for the Front Range. This will allow the Coalition to gain support from Front Range interests. • The Coalition must address local impacts as well as Front Range problems. • Make sure to use a broader plan to include other parts of the state. • Create a statewide alliance plus a Front Range alliance as well as the local area. • Use the US 36 Transit Alliance as a model for organization and public/private partnership. • Identify areas of commonality with areas outside of Central Mountain corridor, i.e. interstate trucking. • Market the locally preferred alternative as betterment for the entire state for the future. • Seek additional funding for road maintenance for existing problems. • Focus on the Governor's Office. • Focus on dollars spent going to solutions not to studies. • Local consensus is very important to our congressional delegation. • The locally preferred alternative should address issues from CDOT's point of view, i.e. we are running out of asphalt. • The locally preferred alternative should be designed for a seventy-year life span with considerations for maintenance. • The coalition needs to understand the culture of CDOT. The discussion resulted in an overwhelming expression of need for the Coalition to speak with one voice through a locally preferred alternative. Objective 3 - Describe what an 1-70 Central Mountain Coalition should look like and how it should operate. • Local government should be the host, but the Coalition should quickly expand to include a variety of perspectives and interests. • The Coalition should explore forming a Transportation Management Organization (TMO) as a model. • The Coalition must include strong educational and lobbying components. • The Coalition must include the ski industry and other local businesses. • The Coalition must develop a strong marketing campaign aimed at locals as well as the Front Range. • Be certain to include businesses that target destination skiers. • Include second homeowners. • The Coalition must have a staff dedicated to this project. • The Coalition must identify funding sources to support the organization. • The Coalition's Executive Committee should reflect geographic areas represented by local jurisdictions. • The Executive committee should be responsible for getting a locally preferred alternative drafted for comment by Coalition members. • The Executive Committee should apply to CDOT for funding to establish the TMO. • Lobbying efforts must occur at the state and federal levels. • The Coalition should be prepared to become an IRS 6320 Public Purpose Corporation: Not for profit, lobbying and bonding authority and governored by a public/private board of directors. • Seek legal advice. • The Coalition must contain a strong public relations component. Contract with a professional firm. • The Coalition must assure that there will be one united response from interests in the Central Mountain Corridor to the 1-70 PETS draft. The discussion revealed that the participants believe that the Coalition needs to have funding for dedicated staff and on-going operations. It was determined that Rural Resort Region should take the lead in organizing the Coalition, then a decision will be made to continue the Coalition as a part of Rural Resort Region or if the Coalition will stand on its own as an independent organization. Objective 4 - Identify a timeline for actions concerning an 1-70 Central Mountain Coalition. The following action plan provides the initial tasks to be completed, by when and by whom. 4 6 What Needs to be Accomplished Find out schedule for 1-70 PEIS Form Interim Executive Committee Convene first Executive Committee meeting Develop locally preferred alternative I Standardize 1-70 IGA Make every jurisdiction aware of effort and invite participation of those not currently involved Identify central contact point Develop consistent message including purpose and goals of Coalition When Responsibility ASAP Gary Lindstrom 7/16/04 Gary Severson by 8/16/04 Gary Severson Prior to Executive committee release of draft PEIS 8/16/04 Executive committee and Rural Resort Region 8/16/04 Rural Resort Region ASAP Executive committee 8/16/04 Executive committee Determine financial obligations to participants 8/16/04 Executive committee Obtain Transportation Management Organization status 9/30/04 Rural Resort Region Develop media release concerning first meeting 8/16/04 Rural Resort Region Create name of Coalition with "catchy" acronym 8/16/2004 Executive committee The meeting adjourned at 2:00 p.m. 5 I-70 COALITION MEETING ATTENDEES LIST JULY 16, 2004 FRISCO, COLORADO Gary Lindstrom Barbara Davis Representative Mayor Colorado State Legislature - Dist 56 Town of Dillon 138 Lakeview Cir W PO Box 8 Breckenridge, CO 80424 Dillon, CO 80435 gary@garylindstrom.com 970-262-3407 bdavix@aol.com Michael Penny Town Manager Bernie Zurbriggen Town of Frisco Mayor PO Box 4100 Town of Frisco Frisco, CO 80443 PO Box 4100 970-668-9123 Frisco, CO 80443 michaelp@townoffrisco.com 970-668-5132 bernie@summitnet.com Larry Brooks Town Manager Ted Wang Town of Avon Mayor PO Box 975 Town of Granby Avon, CO 81620 PO Box 440 748-4005 Granby, CO 80446 (brooks@avon.org 887-2501 twang@rkymtnhi.com Buz Reynolds Jr Mayor Lou Del Piccolo Town of Avon Mayor P.O. Box 975 Town of Silverthorne Avon, CO 81620 PO Box 1309 904-4226 Silverthorne, CO 80498 breyncorp@aol.com 262-7300 xldp@silverthorne.org Michael Gallagher Commissioner Greg Moffet Eagle County Councilmember PO Box 850 Town of Vail Eagle, CO 81631 1655 Aspen Ridge Road 970-328-8605 Vail, CO 81657 michael.gallagher@eaglecounty.us 479-1860 x 5 greg@busad.com Ernie Blake Mayor Bill Linfield Town of Breckenridge Public Works Director PO Box 2650 Town of Silverthorne Breckenridge, CO 80424 PO Box 1309 453-2251 Silverthorne, CO 80498 ernblake@aol.com 262-7340 wlinfield@silverthorne.org 6 I Stanley Zemler Daniel Gibbs Town Manager Western Field Director Town of Vail Congressman Udall's Office 75 S Frontage Rd W PO Box 325 Vail, CO 81657 Minturn, CO 81645 479-2105 970-827-4154 szemier@vailgov.com Dan.Gibbs@mail.house.gov Greg Hall Wiley Smith Town Engineer Town Planner Town of Vail Town of Minturn 75 S Frontage Rd W PO Box 309 Vail, CO 81657 Minturn, CO 81645 479-2100 970-827-5645 ghall@vailgov.com planner@minturn.org Helen Migchelbrink Tresi Houpt County Engineer Commissioner Eagle County Garfield County PO Box 850 108 8th St Ste 213 Eagle, CO 81631 Glenwood Springs, CO 81601 970-328-3560 970-384-3665 Helen.Migchelbrink@eaglecounty.us thoupt@garfield-county.com Ron Holliday Harry Dale County Manager Commissioner Summit County Clear Creek County PO Box 68 PO Box 2000 Breckenridge, CO 80424 Georgetown, CO 80444 453-2561 303-679-2312 ronh@co.summit.co.us hjd173@aol.com Tim Gagen Dennis Lunbery Town Manager Mayor Town of Breckenridge Town of Idaho Springs PO Box 168 P.O. Box 907 Breckenridge, CO 80424 Idaho Springs, CO 80452 453-3161 (303) 567-4421 Ext.21 timg@townofbreckenridge.com mayor@idahospringsco.com Bud Elliott Cynthia Neely Mayor Planning Dir City of Leadville Town of Georgetown 800 Harrison Ave PO Box 532 Leadville, CO 80461 Georgetown, CO 80444 719 486-2571 303-569-2530 Ivmayor@leadville-co.gov ccneely@yahoo.com Dave Merritt Fred Lyssy Councilmember Mayor City of Glenwood Springs Town of Silver Plume 101 W 8th St Drawer F Glenwood Springs, CO 81601 Silver Plume, CO 80476 970-384-6400 303-748-5110 davidhmerritt@aol.com flyssy@comcast.net i Linde Marshall Area Representative US Sen Wayne Allard's Ofc 215 Federal Building Grand Junction, CO 81501 970-245-9553 Linde-Marshall@Allard.senate.gov Annie Esbenshade Intern Town of Gypsum PO Box 1942 Gypsum, CO 81637 970-948-4104 anne@townofgypsum.com David Johnson ECO Transit PO Box 1070 Gypsum, CO 81632 970-328-3524 davidjohnson@eaglecounty.us James Shockey Town Planner Town of Grand Lake PO Box 6 Grand Lake, CO 80447 970-627-3435 glplanning@townofgrandlake.com Don Dempsey Grand County Resident - ex-CIFGA PO Box 3454 Winter Park, CO 80482 970-726-4097 wpdon@rkymtnhi.com Ed Rapp CO Intermountain Fixed Guideway Inc. PO Box 143 Dumont, CO 80436 303-567-2204 egtjrapp@aol.com Anne W. Callison Barbour Communications Inc. 437 S. Pontiac Way Denver, CO 80224 303-331-0704 awbarbour@aol.com Cassandra Sherk Silver Plume PO Box 975 Silver Plume, CO 80476 303-569-9420 cassandra.sherk@usap.gov Bob French Commissioner Summit County PO Box 68 Breckenridge, CO 80424 970-453-3411 bfrench@co.summit.co.us Jurisdictions Represented Town of Avon Town of Breckenridge Clear Creek County Town of Dillon Eagle County Town of Frisco Garfield County Town of Georgetown City of Glenwood Springs Town of Granby Town of Grand Lake Town of Gypsum City of Idaho Springs City of Leadville Town of Minturn Town of Silver Plume Town of Silverthorne Summit County Town of Vail Ck INTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISHMENT OF AN INTERSTATE 70 CENTRAL MOUNTAIN TRANSPORTATION CORRIDOR COALITION THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into on January 20, 2004 by and between several counties and towns in the 1-70 mountain corridor. WHEREAS, the purpose of this Intergovernmental Agreement is to form an informal, non-statutory coalition of governments along the-Interstate 70 central mountain corridor in Colorado to plan and create locally preferred alternatives to meet the current needs and to plan for the future for the improvement of transportation; and WHEREAS, the goal of this agreement is to have the existing Interstate 70 be as well maintained and improved as possible, be as safe as possible, and to have a plan in place that will address the transportation needs in the corridor for the next fifty years; and WHEREAS, significant local input is essential to formulate locally preferred alternatives for inclusion in a transportation plan that minimizes and balances detrimental environmental impacts, preservation of the unique local character of the counties and towns in the corridor; and provides for the effective flow of ever increasing traffic volumes, and WHEREAS, the counties and towns feel that the thoughts, opinions and desires of our local communities need to be continually brought forward as part of this process; and WHEREAS, for the purpose of this agreement the Central Mountain Interstate 70 Corridor is defined as, but not limited to, the counties and towns that are listed as participants and or potential participants to this agreement; and WHEREAS, the parties to this agreement wish to acknowledge their participation in this coalition to promote the health, safety and welfare; and WHEREAS, the parties have agreed upon the terms and conditions under which parties will participate in the coalition as more fully set forth herein. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: A. COALITION PURPOSES: The general purposes of the Coalition are: 1. To prepare locally preferred alternative transportation plans for the corridor that could be presented to the Colorado Department of Transportation. 2. To determine the locally preferred alternatives to meet the wants and needs of our local communities to better serve them in their transportation needs. 3. To attempt to influence the Colorado Department of Transportation, the Colorado State Legislature, the Federal Highway Administration, the United States Congress and other Federal \0 and State entities having jurisdiction over the planning, implementation or operation of corridor transportation projects to provide resources to build locally preferred alternatives to meet the transportation goals of the corridor. 4. To apply for grants and other funding, through sponsorship of a member agency, from Colorado, Federal and other sources to do planning and research on methods to build locally preferred alternatives to improve transportation in the corridor. 5. To study the feasibility and pro's and con's of becoming an integrated Colorado Department of Transportation Commissioner District, Engineering District and Planning District. B. GOVERNANCE: 1. VOTING MEMBERS: Each signatory member to this agreement shall have one vote. 2. COALITION BOARD: The Coalition Board shall be comprised of all signatory members. 3. EXECUTIVE COMMITTEE: The Coalition Board shall appoint an Executive Committee consisting of one member from each member county The member could be from the member county or one of the towns in the member county in the coalition. 4. DUES AND EXPENSES: Each member would pay their own costs of participating and there would not be any dues. If a special project were approved by the Coalition Board then the Board by separate agreement will develop a funding formula for paying the expense of the project. Any member opting to not participate in the funding formula would terminate membership in the Coalition. 5. STAFF: There will be no staff except those contracted for a specific short-term purpose. C. COALITION BOARD DUTIES AND OBLIGATIONS: 1. Establish a quarterly meeting schedule. 2. Establish bylaws and rules of conduct for the Coalition. 3. Define and prioritize the Coalition projects to be undertaken by the Executive Committee. 4. Appoint the Executive Committee from nominations made by the members. 5. Approve locally preferred alternatives and action plans prepared by the Executive Committee. 6. Adopt an annual coalition budget for projects in the upcoming year. 7. Determine the formula for calculating the funding of projects. D. EXECUTIVE COMMITTEE DUTIES: 1. Establish a monthly meeting schedule. 2. Advance the purposes of the Coalition and complete the projects prioritized by the Coalition Board. 3. Provide quarterly activity reports to the Coalition Board providing a statistical and a narrative summary of the Executive Committee activities. E. MEMBER OBLIGATIONS: 1. Appoint a representative to the Coalition Board and to participate in meetings on a regular basis. 2. Hold harmless the Coalition Board, its members, its officers, employees, and agents. F. TERMINATION: 1. FOR CAUSE. In the event that a member materially defaults in the performance of any of the material covenants or agreements to be kept, done or performed by it under the terms of this Agreement, the Coalition shall notify the defaulting party in writing of the nature of such default. Within thirty (30) days following receipt of such notice the defaulting party shall correct such default, or in the event of a default not capable of being corrected within thirty (30) days of receipt of notification thereof and thereafter correct the default with due diligence. If the defaulting party fails to correct the default as provided above, the Coalition, without further notice, shall have the right to declare that this Agreement is terminated, in so far as it concerns the defaulting member, effective upon such as the Coalition shall designate and the non defaulting member shall have the right to recover such damages as it shall be entitled to by law. The rights and remedies provided for herein may be exercised singly or combination. 2. NOT FOR CAUSE. A member may terminate its participation in this Agreement for any reason by providing the Coalition a minimum of a written notice of Intent to Terminate no later than ninety (90) days prior to the thirty- first day of December of the year in which the notice is given. Such termination shall become effective upon the first day of January of the year succeeding the date on which the notice is given. Other than as permitted in paragraph F.1 above, no member shall be permitted to withdraw from this Agreement prior to the end of a year, and in no circumstance will any portion of the withdrawing agency's contribution to the Coalition be returned or prorated due to withdrawal. G. WAIVER: The failure of a party to exercise any of its rights under this Agreement shall not be a waiver of those rights. H. TERM/RENEWAL: This Agreement shall be renewed annually on January 1 of each succeeding year. Notwithstanding the yearly renewal or anything herein contained to the contrary, the obligation of \ti the parties under this Agreement shall be, where appropriate, subject to an annual appropriation of the member's governmental body in an amount sufficient to allow the member to perform its obligations hereunder. In the event sufficient funds are not appropriated for the payment of sums due to the Coalition, hereunder, this Agreement may be terminated by either the Coalition or the non-appropriating member without penalty, provided the member furnished the Coalition written notice ninety (90) days prior to the date of non-appropriation if possible. Such termination shall become effective upon the first day of January for the year that the non-appropriation operates. No member shall be permitted to withdraw from this agreement prior to the end of the year due to the non-appropriation of funds for the following year, and in no circumstance will any portion of the withdrawing member's contribution to the Coalition be returned or pro-rated due to withdrawal. The member's obligations hereunder shall not constitute a general obligation indebtedness, or multiple year direct or indirect debt, or other financial obligation whatsoever within the meaning of the Constitution or laws of the state of Colorado. 1. NOTICE: All notices required to be given to the Coalition under this agreement shall be addressed to Interstate 70 Central Mountain Transportation Corridor Coalition. J. MODIFICATION: This Agreement may be modified or amended only by instrument duly authorized and executed by the parties hereto. K. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding relating to the subject matter of this Agreement. L. THIRD PARTIES: This Agreement does not, and shall not be deemed to confer upon any third party any right to claim damages or to bring suit, or other proceeding against any party because of any term contained in the Agreement. M. SEVERABILITY: In case one or more of the provisions contained in this Agreement, or any application hereof, shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in this Agreement and the application thereof shall not in any way be affected or impaired thereby. N. APPLICABLE LAW: At all times during the performance of this Agreement, the parties shall strictly adhere to all applicable federal, state, and local laws, rules and regulations that have been or may hereafter be established, and all work performed under this Agreement shall comply with Federal, State, and local laws, rules and regulations. 0. APPROVAL BY GOVERNING BOARDS OR OTHERS WITH AUTHORITY: In accordance with Section 29-1-203(1), C.R.S. this Agreement shall not become effective unless and until it has been approved by the Boards of County Commissioners, Town Councils, and other authorities having the power to so approve. IN WITNESS WHEREFORE, this agreement is executed and entered into on the day and year first written above. Signature Date: Signature Date: Jurisdiction Jurisdiction No?tk"Colorado COUNCIL OF GOVERNMENTS In 1996, five Colorado counties (Eagle, Garfield, Lake, Pitkin and Summit) formed the Rural Resort Region (RRR) to address regional issues affecting communities dependant upon resort economies. In January 2002, the Rural Resort Region joined forces with NWCCOG (Northwest Colorado Council of Governments) to form a new working relationship. The new partnership opened RRR's doors to any county or municipal governmental jurisdiction, special taxing district, not for profit organization or private business that is interested in the issues addressed by RRR. As a result, RRR has increased from its original five counties. At the November 13, 2003 meeting in Leadville, the RRR Board passed a motion to waive dues for all members in 2004, operating off of the approximately $23,000 in anticipated carry over funds. For 2004, membership in RRR is offered as a benefit of NWCCOG membership with no additional dues. The RRR affiliate roster for 2004 includes eight counties (Clear Creek, Eagle, Garfield, Grand, Jackson, Lake, Pitkin, and Summit), and is open to participation from all of the municipalities within these eight counties. Colorado Mountain College (CMC) and the Vail Valley Chamber and Tourism Board (VVCTB) are also affiliates. RRR is an issues-based, boundaryless organization that works to identify relationships between resort community issues. The group then works to develop solutions and strategies by building partnerships and coalitions among entities affected by these issues. For 2003, RRR identified mountain workforce housing as its primary focus. At the January 23, 2003 meeting, RRR affiliates created four committees to focus on specific components of the workforce housing issue. Each committee developed a prioritized list of recommendations and options specific to the eight county RRR area, addressing their assigned component of the workforce housing problem. The results were unveiled at the 2003 Summit on Mountain Workforce Housing. In 2004, RRR received a request from its affiliates to convene the first meeting of an I-70 Central Mountain Corridor Transportation coalition. This first meeting is designed to assist the group in defining its goals, develop a structure and process to move forward, and to determine the next steps necessary for the group to address these goals. XI) Memo Ta Honorable Mayor and Town Council Tlhmr Larry Brooks, Town Manager From: Tambi Katieb, Community Developmen7 Datm July 22, 2004 Re: Lot 2, Filing 1, Village at Avon PUD building update C O L O R A D O Staff will provide you with an update on the commercial and office building proposed for Lot 2, Filing 1, Village at Avon PUD and review plans submitted by the developer as well as the requirements of the building permit review process. Lot 2, Filing 1, Village at Avon PUD - Building P Update to Council / July 27, 2004 Work session Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Tambi Katieb, Community Development Dire cto Dale: July 19, 2004 Re: Outdoor Lighting Plan Request For Proposals (RFP) C O L O R A D O Summary: At your last review of the proposed scope of services for the Outdoor Lighting Plan and Ordinance Request for Proposals, Town staff were directed to include not only a review of municipal lighting but include an assessment of all outdoor lighting issues. The attached RFP we are proposes that the lighting scope of services contain the following work products: 1. Evaluation and review of the existing lighting and light fixtures in the municipality; 2. Ranking and prioritization of existing outdoor lighting issues and a proposed phasing plan based on the levels of excess lighting as they currently exist by area; 3. Comparative analysis of the existing lighting standards in adjacent urban areas of the Valley, including Edwards, Vail, and Beaver Creek, and a synopsis of the potential impact of both excessive and minimized lighting to residents, business, and tourist- oriented commerce. 4. Assessment and recommendations on the appropriate lighting level by area (i.e. residential, public areas, commercial), including a practical approach to measurable lighting levels; 5. Specific recommendations on municipal lighting standards, including anticipated costs for replacement or upgrades of installed fixtures to achieve recommended lighting levels. 6. Submittal of a draft outdoor lighting ordinance for adoption by the Town, based on the proposed draft as prepared by Town staff and the Planning Commission, which supports the overall assessment and objectives. We anticipate proposals to assist us in putting a `cost' to this project. Likewise, we have been unable to estimate an accurate cost range for this RFP from discussions with lighting consultants and other municipalities that have adopted outdoor lighting regulations since the content (including the assessment and analysis portion) is so variable by jurisdiction. Outdoor Lighting Plan and Ordinance RFP July 27, 2004 Work session Recommendation: Staff would request that Council provide direction on the RFP as proposed in order to fully understand and anticipate any required changes to the Town's Capital Improvement Program (CIP) budget before your September budget retreat. Likewise, continued direction on the work, public process and proposed draft outdoor lighting ordinance last reviewed June 2, 2004 by Council as it relates to the proposed RFP would also assist Community Development staff in preparation and update of their revised 2005/2006 departmental work program. Town Manager Comments Outdoor Lighting Plan and Ordinance RFP July 27, 2004 Work session TOWN OF AVON REQUEST FOR PROPOSAL - OUTDOOR LIGHTING PLAN AND ORDINANCE PROPOSALS MUST BE RECEIVED NO LATER THAN: 5:00 p.m., Friday, August 13, 2004 Proposals received after this time will not be evaluated. Information Contact: Tambi Katieb Community Development Director Phone: 970-748-4030 Fax: 970-949.5749 Email: tkatieb@avon.org The purpose of this Request for Proposal (RFP) is to obtain proposals from qualified consultants to assist in the development of a plan for regulating outdoor lighting. Proposals can be mailed to the Town of Avon, PO Box 975, Avon, CO 81620 or hand- delivered to 400 Benchmark Road in Avon. Please complete all areas of this page before returning your proposal. By signing this form, you verify having read this information and agree to provide the services proposed herein. Proposer's Signature: Proposer's Printed Name: Date of Proposal: Company Name: Mailing Address: City: Telephone: State: Zip: Fax: Federal Tax No. or Social Security No.: Failure to complete and submit this form may result in rejection of your proposal. I. Administrative Background The Town of Avon incorporated on August 8, 1978 and celebrated its 25th anniversary last year. As a local government, Avon is tasked with providing basic and enhanced services to its 5,700 residents. Avon is a home-rule town run by a Town Manager - Council form of government. The 7-member council is elected at-large to serve 4-year terms. The Town is a bustling and energetic community that contains a unique mix of both resort and local housing, resort industry (the corporate headquarters for Vail Resorts) and light industrial and commercial industry, and local and regional retail opportunities. The Town has felt the effects of rapid expansion, much like other resort areas in the Rocky Mountain West, growing over 200% in the last 10 years. The Town regulates development through traditional Zoning, Subdivision and Building Codes. Likewise, the Town is also charged with a design review function for most property in Town boundaries. The existing Design Review Guidelines for the Town state: "Access to a clear and visible night sky is a strong value to our community. Light pollution is a threat to our clear skies that are part of the heritage of the Rocky Mountain west. Night lighting on a site should be regulated to minimize the undesirable effects that 'over-lighting' a site or residence can have on a community, neighbors, and guests. At the same time, lighting is desirable for safety and aesthetic purposes." Town Council identified the need for increased outdoor lighting regulations in the Avon Municipal Code, rather than the design guidelines, earlier this year. The design guidelines address only new construction, and most importantly, do not affect a recent annexation which effectively doubles the size of the Town as that project has its own design review function and is not subject to the guidelines of the Town. The Council also expressed a desire to'phase out' existing outdoor light sources that create excessive lighting, including municipal lighting where possible. Town staff and the appointed Planning Commission have spent the last six months drafting an "Outdoor Lighting Ordinance" for eventual adoption in the Avon Municipal Code. Several initial public hearings with Town Council to review the proposed ordinance revealed that the issues surrounding outdoor lighting, its potential affect on commerce, public safety and aesthetics were more complex than initially anticipated. Thus, in an effort by Town Council to fully realize the myriad of issues associated with restricting outdoor lighting, including municipal lighting sources, direction was given to staff to prepare this request for proposals and seek professional assistance prior to adopting any new outdoor lighting restrictions. 6 The entire project proposal should be judicious in its review of standards and final recommendations, realizing that the economy of the Town is predicated on the ability for existing and new resort-oriented business to remain competitive in the Vail Valley. Likewise, it was requested that the proposal contain certain specific components as identified in the Scope of Services contained herein. II. Statement of Purpose The purpose of this Request for Proposal (RFP) is to obtain proposals from qualified professional lighting consultants to assist in the development of a Town of Avon outdoor lighting assessment and draft lighting ordinance. Execution of this contract will involve survey of existing outdoor lighting sources, including municipal lighting, recommendations based on recent industry outdoor lighting standards for both public and private lighting, and a draft ordinance that effectively prioritizes and provides a phased approach to minimizing any existing outdoor light pollution (as more specifically described in the scope of work). III. Scope of Work In order to fully assess the existing lighting impacts of Avon, as well as the potential for any changes to lighting (including municipal lighting), the scope of services of this request for proposals shall address the following areas: 1. Evaluation and review of the existing lighting and light fixtures in the municipality; 2. Ranking and prioritization of existing outdoor lighting issues and a proposed phasing plan based on the levels of excess lighting as they currently exist by area; 3. Comparative analysis of the existing lighting standards in adjacent urban areas of the Valley, including Edwards, Vail, and Beaver Creek, and a synopsis of the potential impact of both excessive and minimized lighting to residents, business, and tourist- oriented commerce. 4. Assessment and recommendations on the appropriate lighting level by area (i.e. residential, public areas, commercial), including a practical approach to measurable lighting levels; 5. Specific recommendations on municipal lighting standards, including anticipated costs for replacement or upgrades of installed fixtures to achieve recommended lighting levels. 6. Submittal of a draft outdoor lighting ordinance for adoption by the Town, based on the proposed draft as prepared by Town staff and the Planning Commission, which supports the overall assessment and objectives. LO IV. Designer/ Contractor Minimum Qualifications A contract will be awarded only to responsible prospective consultant. In order to qualify, a consultant must meet the experience and background as they relate to this request for proposal and have an established record of performance that is demonstrable through the submittal of the RFP. The successful Consultant will demonstrate experience in the following areas: 1. Experience in the preparation of municipal outdoor lighting ordinances, regulations, and/or guidelines; and 2. Experience in evaluation and preparation of municipal lighting standards; and 3. Lighting design for municipal and commercial projects based on life safety, industry standards, aesthetics; particular experience in resort areas of the Rocky Mountain West is preferred. All proposals must contain the following information: a. A concise description of how the proposer meets the minimum qualifications and has specific experience in this area. b. A conceptual plan demonstrating how the proposer will fulfill items listed under Section III, Scope of Work above. Additional material may be requested by Avon before selecting a successful proposal. c. Name and contact information for the key person assigned by the proposer to this project. d. Resumes or background descriptions of all key personnel to be assigned to this project. e. Information on work (similar to the current project) completed by proposer over the past four (4) years. A minimum of three (3) complete references must be submitted. f. Separate descriptions of charges for fulfilling the scope of services requested. V. Deliverable Items/ Performance Requirements 1. Period of Performance The period of performance shall begin upon the date the contract is signed by all parties and extend to the deadline for deliverables as outlined herein. The contract may be extended upon agreement by both parties. Hourly rates for work categorized in IV, 3, f above may be renegotiated as part of the contract renewal process. Meetings between Avon and the consultant will be held as often as necessary to accomplish the required tasks and discuss problem areas. Either party may suggest a meeting. 2. Deliverable Items All documentation shall be provided in Microsoft Word and PDF format, including the proposed ordinance. Associated report information, including executive summaries and I progress drafts for public hearings will be the responsibility of the consultant to provide as requested by the Town. 3. Delivery Deadlines Deadlines for delivery of all items listed above shall be negotiated with the consultant, provided the draft ordinance and associated report is complete by the deadline as stated herein. PROPOSAL/ SUBMITTAL PROCESS Respondents must submit one (1) original and three (3) complete copies of the proposal to: Attn: Tambi Katieb, Director of Community Development, Town of Avon, PO Box 270, Avon, CO 81620, No later than 500 p m Friday., August 13, 2004. All proposals that are not received by the deadline will be considered late and will be returned to the proposer unopened. Proposals shall be submitted at the time and place indicated in the Request for Proposal and shall be submitted in a sealed envelope appropriately marked with the Proposal title, and the name and address of the Proposer. If the requested number of copies does not fit into an envelope, enclose all copies in a box, seal it and include the appropriate information on the top of the box. COST OF PREPARATION OF RESPONSE Costs incurred by any agency in the preparation of their response to this Request for Proposal are the responsibility of the responding agency and will not be reimbursed by the Town of Avon. CANCELLATION The Town of Avon reserves the right to cancel award of the contract any time before execution of the contract by both parties if cancellation is deemed to be in Avon's best interest. In no event shall Avon have any liability for the cancellation of award. The proposer assumes the sole risk and responsibility for all expenses connected with the preparation of its proposal. CLARIFICATION Any proposer requiring clarification of the information or protesting any provision herein, must submit specific questions/protests or comments in writing to: Tambi Katieb, Town of Avon Community Development Director PO Box 975, Avon, CO 81620 Phone (970) 748-4030 Fax (970) 949.5749 The deadline for submitting such questions is August 6, 2004. If in the Community Development Directors opinion, additional information or interpretation is necessary, such information will be supplied in the form of an Addenda that will be mailed to all individuals, firms, etc., having received this Request for Proposal from Purchasing and S such Addenda shall have the same binding effect as though contained in the main body of the Request for Proposal. Oral instructions or information concerning the specifications of the project given out by Avon managers, employees, or agents to prospective proposers shall not bind Avon. All Addenda shall be issued by the Assistant Town Manager not less than five (5) calendar days prior to the proposal deadline. ASSIGNMENT Neither the resultant contract nor any of the requirements, rights, or privileges demanded by it may be sold, assigned, contracted, or transferred by the Contractor without the express written consent of Avon. PROPOSALS ARE PUBLIC RECORDS All information submitted by Proposers shall be public record and subject to disclosure pursuant to the Colorado Open Records Act. All requests shall be in writing, noting specifically which portion of the proposal the Proposer requests exception from disclosure. Proposer shall not copyright, or cause to be copyrighted, any portion of any said document submitted to Avon as a result of this Request for Proposal. REJECTION OF PROPOSALS Avon reserves the right to reject any or all responses to this Request for Proposal. AMERICANS WITH DISABILITIES ACT Proposer must comply with all applicable requirements of federal and state civil rights law and rehabilitation statutes. CLARIFICATION OF RESPONSES Avon or its agent reserves the right to obtain clarification of any point in a firm's proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a proposer to respond to such a request for additional information or clarification could result in rejection of that firm's response or responses. F:\Regulations & Procedures\Regulation revision\Lighting 0rdinance\LightingRFPdraft1.doc t Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager /? From: Norman Wood, Town Engineer Gel/ Date: July 20, 2004 % r Re: Nottingham Road Street Improvements and Existing Tree Locations Summary: We will be prepared to review and discuss the proposed Nottingham Road Street Improvement Plans with respect to the existing trees located on the Cottonwood Site at the Council Work Session. This is in response to a request by Mauri Nottingham at the last Council Meeting. Town Manager Comments: l AEngineenngUPWoWngham Rd (RA 1 To Buck Creek)U .0 Administration\l .4 Public Relations\Tree Mcm.Doc Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Gam/ Date: July 20, 2004 Re: Adoption of Building Codes Update Summary: We have completed a first draft of Avon Municipal Code revisions in preparation for the adoption of current building codes. These are now being put in ordinance format for adoption. The Codes proposed for adoption are: 2003 International Building Code 2003 International Residential Code for One and Two Family Dwellings 2002 Edition of the National Electrical Code 2003 International Mechanical Code 2003 International Fire Code In addition we will also be recommending approval of a resolution a revised fee structure and an Intergovernmental Agreement between the Town of Avon and the Eagle River Fire Protection District to assist with administration of the Fire Code. The proposed schedule for the adoption of these codes is: August 5, 2004 - Public Meeting to Review with Building & Design Community August 24, 2004 - First Reading of Ordinances by Council August 26, 2004 - Publish Notice for Public Hearing (Second Reading) September 2, 2004 - Publish Notice for Public Hearing (Second Reading) September 14, 2004 - Public Hearing & Second Reading of Ordinances by Council September 22, 2004 - Effective Date of Ordinances December 31, 2004 - Last Date to Submit Plans Under Current Codes This is presented for information only and no action is requested at this time. Town Manager Comments: C: Documents And ettings Vv1y Documents\T Bldg. e emo 1. Doc Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Directors- Date: July 22, 2004 Re: Sales Tax Audit Program Summary: The Town's auditors, in their 2004 management letter, recommended that the Town evaluate a program to conduct tax revenue audits, specifically sales tax. In addition to the obvious objective of identifying revenues that may not otherwise be collected, a program of this type should enhance taxpayer education resulting in increased voluntary compliance and augment and support current staff involved in sales tax collection and administration. This program could be accomplished in one of three ways: (1) perform the audits using existing staff, (2) hire new staff dedicated to performing sales tax audits, or (3) engage an outside auditor to perform audits for the Town. Staff is of the opinion that engaging an outside auditor to perform sales tax audits would currently be the most cost effective way of implementing this program. Revenue Recovery Group (RRG) is a privately owned firm, headquartered in Baton Rouge, Louisiana since 1989, and with regional offices in Colorado, Oklahoma, and Missouri. RRG specializes in providing consulting services for state and local governments focusing on revenue management and conducting tax/fee revenue audits. RRG has strong experience in conducting sales tax audits in Colorado. In addition, the Town would be able to participate in coordinated audits of merchants with multiple locations which produces economies of scale and lessens travel and audit expenses. RRG's rates are based on the number of taxing jurisdictions involved in a particular audit - the more taxing jurisdictions involved the higher the rate but the lesser the hourly cost to the Town. The hourly rates range from $75/hour for one jurisdiction to $199/hour for nine or more jurisdictions. In addition, a discovery phase rate of $59/hour, not to exceed 5 hours, applies if the auditor determines there is a lack of liability to the Town in a particular audit. Page 1 If Council agrees, and is interested in going forward with this program, staff would recommend bringing forward a contract with Revenue Recovery Group (RRG). The Town used RRD several years ago in performing a limited number of accommodation tax audits. The cost of this program will be determined by the number and size of audits performed and would be funded by sales tax audit revenues. An estimate of the cost can be brought to Council after meeting with RRG and reviewing the Town's sales tax licensees and sales tax statistics. Town Manager Commen 0 Page 2 Memo TO, Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Tambi Katieb, Community Develo Daim July 22, 2004 Fie: Community Development Update HEART of the VALLEY C O L O R A D O Community Development will be providing you all with a brief update of several items at your work session, including: ¦ Celebration of Fine Arts event ¦ Municipal Code and Design Guidelines update ¦ Building Code Update ¦ Development updates Community Development Update to Council July 27, 2004 Work session Memo TO: Honorable Mayor and Town Council C O L O R A D O Thru: Larry Brooks, Town Manager From: Tambi Katieb, Community Development Dale: July 20, 2004 Fie: Resolution 04-25, Non-Developable Areas in the Wildridge Planned Unit Development (PUD) (Public Hearing) Summary At your last Council meeting, you reviewed a first draft resolution that would set forth basic criteria to proposals in Wildridge that would request a change to existing platted "Non- Developable Areas". At that meeting, you also requested that staff refine several points of the proposed resolution including the strength of the recitals and removal of the reference to majority of affected or interested parties. To be clear, Non-Developable Areas are unique to the Wildridge PUD and do not appear to other platted subdivisions in the Town. These platted areas are unique and separate from platted open space areas and platted drainage and utility easements, though they appear to support both drainage and open space functions by design. The Wildridge PUD contains the following restriction for these areas: "No development shall occur on the non-developable area without written specific approval of the covenants committee and the Town of Avon. Development shall include buildings, fences, signs, roads, and grading. Non-developable areas shall be physically undisturbed and left in their present natural state except for approved access and utility easements". Unfortunately, the policy criteria or basis for amending or altering these areas was not contained in the PUD or the original Wildridge Subdivision applications. As a result, should applications to alter or change these platted areas come before the Town, it is cumbersome to staff, the applicant, and the Council to qualify a rationale for amending the PUD and Subdivision from its current configuration. The intent of the resolution is to provide policy direction to the community and potential owners of properties in Wildridge that contain platted Non-Developable areas. For comparison, I've attached the original draft reviewed at your last meeting as well as the draft proposed for adoption in response to comments received by Council. Resolution 04-25, Non-Developable Areas in the Wildridge Planned Unit Development July 27, 2004 Town Council Meeting Town Manager Comments: Attachments: A - Revised Resolution 04-25 B - Original Draft of Resolution 04-25 Resolution 04-25, Non-Developable Areas in the Wildridge Planned Unit Development July 27, 2004 Town Council Meeting Exhibit A TOWN OF AVON RESOLUTION NO. 04-25 SERIES OF 2004 A RESOLUTION RELATING TO PROPOSED AMENDMENTS TO EXISTING NON-DEVELOPABLE AREAS IN THE WILDRIDGE PLANNED UNIT DEVELOPMENT WHEREAS, The Town of Avon has determined that existing non-developable areas should remain intact and in a natural state, however, also recognizes that from time to time application may be made to amend these areas; and WHEREAS, Town Council recognizes and strongly affirms the value of existing non- developable areas as they exist in the Wildridge Planned Unit Development (PUD) and the restrictions associated to development or encroachment of development in these areas as contained on the PUD subdivision plat; and WHEREAS, the Town Council finds that the merits of any application that proposes to amend the shape, configuration, or use of non-developable areas in the Wildridge PUD must continue to provide an overall public and community benefit; and WHEREAS, the Town of Avon hereby affirms general criteria and policy direction to the community related to the non-developable areas that exist in the Wildridge PUD; and WHEREAS, the Town Council sets forth the following specific criteria to all be met by an application in order to consider a proposal to amend existing non-developable areas in the Wildridge PUD: 1. The proposal to amend the area is in the best interest of the citizens of the Town through a significant reduction of existing density or development rights, as demonstrated through the application and hearing process; and F:ACounci1\Reso1utions\2004\Res 04-25 NonDevAreas WR PUD vAdoc 2. The basic area is traded on a one-to-one basis so that the land designation is not reduced or diminished; and 3. The aesthetic character, contiguity and general location across public and private properties, natural conditions and intent of the existing area remains intact, as demonstrated through the specific site-development plan and application. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town Council hereby sets forth criteria as stated herein in order to preserve the intent and character of existing non-developable areas as contained in the Wildridge Planned Unit Development. ADOPTED THIS DAY OF .2004. TOWN COUNCIL TOWN OF AVON, COLORADO ATTEST: Town Clerk Mayor F:ACounciKReso1utions\2004\Res 04-25 NonDevAreas WR PUD v.ldoc Exhibit B TOWN OF AVON RESOLUTION NO. 04-25 SERIES OF 2004 A RESOLUTION RELATING TO PROPOSED AMENDMENTS TO EXISTING NON-DEVELOPABLE AREAS IN THE WILDRIDGE PLANNED UNIT DEVELOPMENT WHEREAS, Town Council recognizes and affirms the value of existing non- developable areas as they exist in the Wildridge Planned Unit Development (PUD) and the restrictions associated to development or encroachment of development in these areas as contained on the PUD subdivision plat; and WHEREAS, the Town Council finds that the merits of any application that proposes to amend the shape, configuration, or use of non-developable areas in the Wildridge PUD must continue to provide an overall public and community benefit; and WHEREAS, the Town of Avon would like to affirm general criteria and policy direction to the community related to the non-developable areas that exist in the Wildridge PUD; and WHEREAS, The Town of Avon prefers to see existing non-developable areas remain intact and in a natural state, however, recognizes that from time to time application may be made to amend these areas; and WHEREAS, the Town Council would like to set forth the following general criteria in order to consider applications to amend existing non-developable areas in the Wildridge PUD: 1. The proposal to amend the area is in the best interest of the citizens of the Town through a significant reduction of existing density or development rights, as demonstrated through the application. F:ACounci1\Reso1utions\2004\Res 04-25 NonDevelopable Areas WR PUD.doc 2. A substantial majority of interested parties and affected neighbors are in support of the proposal, as demonstrated through the application; 3. The basic area is traded on a one-to-one basis so that the land designation is not reduced or diminished, the character, contiguity, natural conditions and intent of the existing area remains intact, as demonstrated through the specific site- development plan and application. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town Council hereby sets forth criteria as stated herein in order to preserve the intent and character of existing non-developable areas as contained in the Wildridge Planned Unit Development. ADOPTED THIS DAY OF 2004. TOWN COUNCIL TOWN OF AVON, COLORADO ATTEST: Town Clerk Mayor F:ACounci1\Reso1utions\20041Res 04-25 NonDevelopable Areas WR PUD.doc Memo To: Honorable Mayor and Town Council From: Tambi Katieb, Community Development Director Date July 20, 2004 Re: Resolution 04-28, proposed revisions to the Town of Avon Residential, Commercial and Industrial Design Review Guidelines Summary: Attached to this memo is Resolution 04-28 that proposes several revisions to the Town of Avon Residential, Commercial and Industrial Design Review Guidelines. The Resolution shows existing guidelines, and where applicable, a strikethrough followed by the proposed revision. The changes presented in the resolution are the result of several meetings with Town Council and the Building Community wherein an exchange on how we can revise/improve our process in both design review, zoning and subdivision code matters took place. Resolution 04-28 proposes to amend the Town of Avon Residential Commercial and Industrial Design Review Guidelines with respect to the following: • Revised Sketch Design Review Application process (and review procedure) • Revised Scheduling Process • Consolidated Checklist for Final Design • Building Height clarification (to match Zoning Code definition) • Clarify topographic survey definition (to meet National Map Accuracy Standards for vertical and horizontal accuracy) • Retaining wall definition (non-structural walls and diagram) • Site grading clarification and requirements • Appeals process to match recent update Also attached to this memo is a copy of Resolution 04-20, a recommendation by the Planning and Zoning Commission that the revisions to the design guidelines proposed are adopted by Town Council. The Planning Commission held two public hearings on the revisions prior to adoption of the Resolution at their July 20, 2004 meeting. Staff and the Town Attorney will be available at your meeting to answer any questions that you may have on the proposed amendments. Recommendation: Staff recommends adoption of Resolution 04-28 after holding a public hearing. Town Manager Comments: P-- Attachments: 1/ Resolution 04-28 2/ Planning & Zoning Commission Resolution 04-20 FACounciNMEMOS\2004\Res 04-28 DRG 2004 72704 Council.doc TOWN OF AVON RESOLUTION NO. 04-28 SERIES OF 2004 A RESOLUTION APPROVING REVISED TOWN OF AVON RESIDENTIAL, CONEVIERCIAL AND INDUSTRIAL DESIGN REVIEW GUIDELINES - PROCEDURES, RULES AND REGULATIONS AS ADOPTED NOVEMBER 6, 2001 WHEREAS, Title 2 of the Avon Municipal Code establishes the Planning and Zoning Commission as a design review body for the Town of Avon; and WHEREAS, the Planning and Zoning Commission approved the Town of Avon Residential Commercial and Industrial Desi Review Guidelines - Procedures Rules and Regulations on November 6, 2001, and subsequently recommended approval of the revisions attached hereto through Resolution 04-20 on July 20, 2004 after holding a public hearing as required by the Avon Municipal Code; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town Council hereby approves the revisions proposed to the design guidelines, attached hereto as Exhibit "A", and incorporated by this reference, in order to amend the existing Town of Avon Residential Commercial and Industrial Design Review Guidelines - Procedures Rules and Regulations as adopted November 6, 2001. ADOPTED THIS DAY OF 2004. TOWN COUNCIL TOWN OF AVON, COLORADO ATTEST: Town Clerk Mayor F:ACounciRReso1utions\2004\Res 04-28 Revised DRG.doc e TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04-20 SERIES OF 2004 A RESOLUTION RECOANMNDING APPROVAL OF VARIOUS REVISIONS TO THE TOWN OF AVON RESIDENTIAL, COMAURCIAL, AND INDUSTRIAL DESIGN REVIEW GUIDELINES TO TOWN COUNCIL AS IT RELATES TO REVIEW OF DESIGN REVIEW APPLICATIONS, AND CLARIFICATIONS OF DEFINITIONS, PROCEDURES AND CHECKLISTS WHEREAS, Titles 2 of The Avon Municipal Code establishes the Planning and Zoning Commission as a design review body; and WHEREAS, the Planning & Zoning Commission adopted the current Town of Avon Residential. Commercial and Industrial Design Review Guidelines in 1996, and realizes the document should be periodically updated to reflect revisions to the zoning code and continue to serve the public interest; and WHEREAS, the Planning and Zoning Commission have reviewed the attached revisions ("Exhibit A") to Resolution 04-20 Series of 2004, and held a public hearing as required by the Avon Municipal Code to review the proposed amendments; NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends to the Town Council the approval of changes set forth in Resolution 04-20 Series of 2004 in order to amend the existing Town of Avon Residential Commercial and Industrial Design Review Guidelines as adopted. ADOPTED THIS 20th DAY OF JULY, 2004 Signed. D ate: Chris Evans, Chair Attest. Date: l?Or Terry Smith, secretary F TIanning & Zoning Cornrnission\Resojutions\2004\Res 04-20 DRC Revision Adoption.doc Exhibit "A" to Resolution 04-2$ EA R' I I Ipl of the VALLEY ZIP v 0- N C --0 _-L _--0-- R?A ---D _U TOWN OF AvON RESIDENTIAL. COMMERCIAL INDUSTRIAL DESIGN REVIEW GUIDELINES PROCEDURES, RULES, AND REGULATIONS ADOPTED NOVEMBER 6, 2001 (REviSED AUGUST 10, 2004) 4 1. Purpose and Intent Design Philosophy The general design philosophy for the Town of Avon is to preserve and protect property values by creating an aesthetic quality throughout the built environment of our community. The Town should continue to be perceived as a contemporary mountain town, complementary to the natural landscape and unbuilt environs. The Town should appear as a cohesive unit comprised of simple building forms, subdued colors, and predominantly pitched roofs. In residential areas, the relationship between buildings and the natural environment should be harmonized rather than dominating. Landscaping should blend the surrounding natural environment and the home, not hide one from the other. Form, scale, proportion, and materials should support the natural environs and reinforce those characteristics that uniquely identify a neighborhood's built environ as it relates to the Town. mot= r 44 y ,4 Typical Wildridge Vista : From Wildridge Road East Looking South towards Beaver Creek. 2. Authority The authority to enact `Design Review Guidelines' is granted by Chapter 2.16 of The Avon Municipal Code, which specifically states: C. The objectives of the design-review function of the Planning and Zoning Commission shall be as follows: a. To prevent excessive or unsightly grading of property which could cause disruption of natural watercourses or scar natural landforms; b. To ensure that the location and configuration of structures, including signs and signage, are visually harmonious with their sites and with surrounding sites and structure and that there shall be conformance to the master plan of the town; c. To ensure that the architectural design of structures and their materials and colors are visually harmonious with the town's overall appearance, with surrounding development, with natural and existing landforms, and with officially approved development plans, if any, for the areas in which the structures are proposed to be located; d. To ensure that plans for the landscaping of property and open spaces conform with the rules and regulations as prescribed by the Town and by this chapter and to provide visually pleasing settings for structures on the same site and on adjoining and nearby sites (Ord. 83-11). Purpose and Intent To establish procedures, rules, and regulations by which the Commission shall receive, review, and rule on applications for the design of any proposed alterations to real property, including land and any improvements on that land, within the Town of Avon. Scope The scope of these procedures for design review includes but is not limited to site grading, excavation or fill; the location and configuration of structures on a site; the architectural design of structures including color and materials; landscaping of sites including number, size, placement, species of plantings and provisions for maintenance systems of same. The Commission shall review and act upon the general design and appearance of any building, construction, paving, grading, or landscaping proposed on any lot or parcel of land within the Town, including municipal and other government projects. It shall be unlawful to begin any such work prior to approval by the Commission. Compatlblllty These Rules of Procedure are in accordance with Section 2.16.070 of the Avon Municipal Code, and details the procedures for approval of development plans required by Section 17.12.020 of the Avon Municipal Code. These Rules are intended to complement other ordinances of the Town, and shall neither duplicate nor supersede them. 3. Definitions and Standards Access: The place, means, or way by which pedestrians and vehicles shall have adequate and usable ingress and egress to property, use, or parking space. Accessory Structures: An accessory structure (`building' or `use') means a subordinate building or use, which located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use. Access Grade: The slope of a road, street, driveway, or other means of access, as measured from the backside of pan along the centerline of the means of access. Annual High Water Mark: The visible line on the edge or a river, stream, lake, pond, spring or seep up to which the presence and action of water are so usual and long conditions (with a recurrence interval of one (1) year or less) so as to create a distinct character with respect to vegetation and the nature of the soil. Applicant: An owner or owner's representative who is authorized to represent and/or act upon any application or submittal. Architect: An architect licensed in the State of Colorado. Architectural Projection: When an architectural projection (i.e. chimney, cupola) physically projects beyond the plane of a required limitation (i.e. height). Best Management Practice (BMP): A structural device designed to temporarily or permanently store or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities. BMP's include wet ponds, created wetlands, filters, and infiltration trenches and galleries. Berm: A mound of earth used to screen or separate one area from another to reduce visual, noise and similar impacts of development. Berm may also mean the act of pushing earth into a mound. Building Code: In the Town of Avon, the most recently adopted version of the Building Code shall apply. Building Envelopes: That portion of a lot within which all buildings are confined. A specified area that does not alter or otherwise affect existing setbacks or easements. Building Height: Note# Building Height is always measured f0om the most restrietive grade, eithe.r emisting or proposed (finished) grade. All elevations must be labeled ia num form. Emisting elevations must be shown through the stmeture on the site ph"t, Building height means the distance measured vertically from the existing grade or finished grade (whichever is more restrictive) at any given point outside the building to the top of a flat roof, of mansard roof, or te the highest r-idgeline a sloping roof. Within a building, height shall be measured vertically from any point on a flat roof, mansard roof, or sloping roof to the existing grade directly below said point. Maximum Building Height Interior Section Kt.S. AMX11 " pi -y me" Maximum Building Haight Exterior Section Showing Envelops N.T.S. Imaginary line runs parallel to exhtMg grade Orniting building height Area axceedin height lknitation when measured to finished exterior grade \ Orgrux,EXrtrga.e.. Proposed finished grade Existing grade Height measurements Proposed finished grads at walkout Building Setbacks: A line or location within a lot or site which establishes the permitted location of uses, structures, or buildings on a lot. Construction (Activity): Work done on a job site that produces an altered or new structure. Includes excavation, assembly, and erection of components. , MLdmM" R -- .fir Construction Staging Plan: A site plan submitted with final design plans showing, at the minimum: contractor parking, construction materials storage, limits of site disturbance, snow storage, refuse storage, sanitation facilities, project signage, and construction trailer(s) location, as applicable. The staging plan may be combined on the same plan sheet as the Pollution Control Plan. Development: A form of activity that requires some form of permit or other approval pursuant to these regulations, including: 1/ The building of a new residential, commercial, or industrial structure, 2/ The alteration or modification of an existing residential, commercial, or industrial structure, 3/ Grading or excavation activity that is intended to prepare a construction site. Drainage (System): A built system of pipes, channels, or trenches, or finished grades utilized to convey wastewater or water borne waste in a collective and organized method. Driveway: A paved all-weather driving surface on private property which provides access to dwelling units. Duplex: A detached building containing two dwelling units, designed for or used as a dwelling exclusively by two families, each living as an independent housekeeping unit. Dwelling Unit: Any building or portion thereof for residential purposes, including single- family, two-family, duplex, multifamily dwellings, but not including hotel, motel, or lodge (accommodation) units. Easements: A conveyance or reservation of an incident of ownership in real property for one or more specific purposes, public or private. Exterior Storage: Storage outside of a building or dwelling unit. Exterior Walls: The outer wall surfaces of a building, structure, or dwelling unit. Fences: Enclosing framework for exterior areas, such as yards or gardens. Final Design Plan: A hard-line plan which'meets the requirements indicated in Appendix 3. Frontage: The portion of a lot that fronts on a public or private street. Fireplace: Opening at the base of a chimney in which combustible material, such as wood or gas, can be safely burned to produce heat. Specific designations of fireplaces by type are as defined in Chapter 15.40 of the Town of Avon Municipal Code. Grade (existing): The existing or natural topography of a site prior to construction. Grade (finished): The grade upon completion of a construction project measured on the outside of a structure. Gross Floor Area: The total surface floor areas of a structure, including habitable and non-habitable areas unless specifically noted. Hard Line Drawing: An architectural or engineering drawing produced by the use of computer-aided graphics, or other mechanical implement, which does not represent free- hand drawing. Landscape Area: The area of a site not covered by buildings, driveways, and covered walkways. Areas such as water features and other similar features appurtenant to natural landscape areas shall also be considered part of the landscaping area. ;_9 Lot or Site: A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of Title 17, Zoning Regulations, and meeting the minimum requirements of Title 16, Subdivision Regulations. A lot or site may consist of a single lot of record, a portion of a lot record, a combination of lots of record or portions thereof, or a parcel of record and described by metes and bounds. Minor Project/Minor Modification: Certain forms of exterior development and improvement that are exempted from the public review process by the Director of Community Development. Multifamily Residence: A building containing three (3) or more dwelling units, not including hotels or lodges, but including townhouses, condominiums and apartments with accessory use facilities limited to an office, laundry, recreation facilities and off-street parking used-by the occupants. Owner/Owner Representative: The owner of title to a property, or his/her designated appointee and representative for an application. Designation of a representative must be made in writing as part of any application. P.E. Stamped Design: A design that is stamped, signed, and dated by a Colorado registered professional engineer. Planning and Zoning Commission: A commission established in the Avon Municipal Code 2.16.010, to operate in accordance with its own rules of procedure as provided for in Section 11.2 of the Town Charter. Retaining Well! A wall desiggaed to maintain differ-enees in gfetmd ele-vatiefis by heldifig Retaining Wall: A wall designed to maintain differences in ground elevations by holding back a bank of material. A Non-Structural retaining wall is less than 4 feet (1219mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids. ROWning wall (non-structural) Finished Grade M.T.S. e i Three tiers maximum considered non-structural Maximum Slope of 4:1 1 L 14-root minimum distance I 14001 minimum layback t\ + 1 a E Finished Grade 9 Setback: The distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site, which established the permitted location of uses, structures, or buildings on the site. Sketeh Plan. The first f4mal appheatieft fer- design feview. Sketeh plan f"Ust appr-eved pr-ier- to applying for- final desigH Feyiew, and after- a pr-e appliefifieft has been held with Gewmaunity Deyelopment staff-, emd eemply with 9 Sketch Plan: The first step in the design review process. A sketch design must be reviewed by Community Development and the Planning Commission prior to proceeding to Final Design submittal. Single Family Residence: A residence building containing not more than one dwelling unit occupied exclusively by one family as an independent housekeeping unit. Site Coverage: The ratio of the total building and disturbed area on a site to the total area of a site, expressed as a percentage. Site Plan: A drawing that shows, at a minimum, property lines of a building lot, elevation information, compass direction, length and scale of property information, and the locations of structures to be built on the lot. See example site plan in Appendix 7. Snow Storage Area: An area equal to twenty percent (20%) of impermeable surfaced area upon which aboveground construction does not occur shall be designated as a `snow-storage area' and not developed in a manner inconsistent with such use. Landscaping shall not be considered inconsistent with such use. Any designated snow storage area shall be not less than six feet (6') wide, shall be adjacent to the impermeable area from which the snow is to be removed, shall not be included in any parking area required by the minimum parking requirements, and shall be contained in such a manner that runoff is directed though a treatment facility (when required). See 17.50.100 `Snow Storage' of Avon Municipal Code for additional design requirements. Slope: Shall be established by measuring the maximum number of feet in elevation gained or lost over each ten feet (10') or fraction thereof measured horizontally in any direction between opposing lot lines. The relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentage as a means of quantifying the term "slope". Staff: Town of Avon Community Development employees. Staff Approval: Approval on a minor project that is reviewed and issued by Staff, without public hearing. Surveyi A land plot stwvey, stamped emd signed by fi registered Colorado , that is elder- then 3 yA--A;:-Q ft-Aeffi 9-?-e meeip-t date of design review submittal. Survey: A land plat survey, stamped and signed by a registered Colorado Surveyor, showing contour intervals at engineering scale of 1"=10'. No survey will be accepted that is older than 3 years from the receipt date of design review submittal. The survey must be tied to USGS elevations and meet National Map Accuracy Standards for horizontal and vertical accuracy. Surveys with notes that do not conform to this standard will be rejected or require resurvey prior to final design approval. It Table 1.0: Residential Access, Parking, and Engineering Standards Standard Single Family Duplex Multi Family Other: Driveway Min: 14 feet Min: 14 feet Min: 20 Over Duplex Curb cut Max: 18 feet Max: 18 feet Max: 24 upon review by Town Engineer Driveway 4% maximum 4% maximum 4% maximum Heated area Grades for first 20' for first 20' for first 20' may not adjacent and adjacent and adjacent and encroach perpendicular perpendicular perpendicular to beyond to public way/ to public way/ public way/ 4% property line. 4% maximum 4% maximum maximum for for first 20' for first 20' first 20' adjacent adjacent to adjacent to to garage/ 811% garage / 10% garage / 10% Maximum Maximum Maximum Permitted 1 Permitted 1 Permitted 1 Permitted (6 Additional Curb Cuts DU's and under) points of access must be approved specifically Parking 2 spaces per 2 spaces per Studio: 1 space See Zoning Requirements unit/ 3 spaces unit/ 3 spaces 1 Bedroom: 1.5 Code for per units over per units over spaces specific 2,500 sq. ft 2,500 sq. ft All others: 2 requirements (not inc. (not inc. spaces (section garage) garage) 17.24.020) Parking Stall 9'x 18' 9' x 18' 9'x 18' See Zoning Size minimum / 7.5' minimum / 7.5' minimum / 7.5' Code for Minimums vertical vertical vertical specific clearance / 90 clearance / 90 clearance / 90 requirements degree parking degree degree parking (section parking 17.24.020) & guest parking requirements B. Residential Building Design General Design Character In addition to the stated Design Philosophy, and General Design Compatibility, a residential building must conform to setback, building area ratios, and height limitations of the applicable zone district. Buildings should be oriented to take advantage of solar gain and view corridors, where possible. Additionally, building design and location should generally minimize impacts on solar and view corridors of neighboring properties. It is preferred that residential buildings be designed as a composition of mass elements rather than larger single `blocks' that appear unrelated in form and context. Building Height The height of structures, unless otherwise specified in a planned unit development, shall conform to the zone district limitations stated in Title 17: Zoning Regulations. The definition of height is set forth in the 'Definitions' section of these guidelines. No exceptions to the height requirements shall be made, except for penetrations that add architectural variety such as flues, chimneys, cupolas, etc. Penetrations to the height limitations must be in scale with the structure and surrounding property. (DELETE PICTURE) Building Height will be determined by utilizing the site development plan and elevations. All ridge elevations, and numeric existing and proposed grades must be labeled on the site plan to accurately determine height. Additionally, the elevation plans must show existing and proposed grades (also labeled in numeric form), such as the illustration above. Building Materials and Colors The intent of these guidelines is to provide architectural control to ensure that the architectural design of structures and their materials and colors are visually harmonious with the town's overall appearance, with surrounding development, with natural and existing landforms, and with officially approved development plans. These guidelines should represent the minimum standard to achieve this goal, without being so cumbersome as to not allow varied high-quality design that meets this intent. Requirements: 1. The use of high quality, durable building materials is highly encouraged. 2. The following materials and wall finishes will not ordinarily be permitted on the exterior of any structure: asphalt siding, imitation brick, asbestos cement shingles or siding, imitation log siding or plastic. Metal siding, concrete or concrete block will be permitted only with specific approval of the Commission. Each building must use a minimum of two materials. a 6. Application and Processing Submittal and Review Process The Design Review process is broken down into Weting, two stages: Sketch Plan Review and Final Design Review. Community Development shall review all material submitted for either of the d,&ee design review tiers to determine whether an applicant has met the minimum submittal requirements prior to the scheduling of a meeting or public hearing. A pre-application meeting is strongly encouraged prior making application. Minimum submittal requirements are attached as a `checklist' for each required application, and should be reviewed carefully. For Sketchand Final Design Review, if the application and supporting material is found to be inadequate, the Community Development Department shall not schedule the application for consideration by the Commission but shall notify the applicant of any inadequacies. The following outlines the entire design review application process: The applieant shall prepare at least twe (2) eepies of the fellewing fef: staff mview and eeffffnent pr-ief: to Pre applieatieft Meeting- r-eek-eatem. 2. A Geneeptual Site Plan, Ar-ehiteetur-al Plan, and Proposed Elevati GTTIG)"IISeR.TR'IISg. QLT"F7'SDF7GTlT'D v 41zGSUI s pr-epesed driveways. building feetpr-ifits, easements, ead seheduled pfe applieatieft meeting with staff for- Feview. The intent of this meeting is "t meets all mquir-efneftts-. Sketch Plan Review The applicant shall submit feur- (4) haFd line two (2) copies of the following for a Sketch Plan Review: 1. A Survey of the property, prepared by a licensed surveyor (stamped and signed), showing property boundaries, area, easements, building setbacks, building envelopes, topography (at 2' intervals @ 1"=20' eng. scale), and any significant natural features such as watercourses, mature tree stands, and rock outcroppings. No survey will be accepted if it is more than three (3) years old or does not meet the standards outlined in the Section 3 for horizontal and vertical accuracy. 2. A Site Plan W'= 20' or 1" =10' eng. scale) which clearly indicates existing and pfopesed grades, all property boundaries, proposed building footprints, easements, and driveways. , 13 3. Architectural Drawings (at 1X'-''O ar-e . scale) which clearly indicate dimensioned , exterior elevations with all ridge and gfade plans, ele-vations labeled, roof matef the general placement of materials and use, and the overall building ead building height ealeulatiens. A specific `Minimum Sketch Plan Review Submittal' (Appendix 3a) checklist is provided with the application, and the applicant is requested to review and check each item carefully to ensure a complete application prior to submittal. Final Design Review The applicant shall submit €euf (4) three (3) hard line copies of the following for a Final Design Review: 1. A Survey of the property, prepared by a licensed surveyor (stamped and signed), showing property boundaries, area, easements, building setbacks, building envelopes, topography (at 2' intervals @ 1"=20' or 1"=10' eng. scale), and any significant natural features such as watercourses, mature tree stands, and rock outcroppings. No survey will be accepted if it is more than three (3) years old or does not meet the standards outlined in the Section 3 for horizontal and vertical accuracy. 2. A Site Plan W'=20' or 1"=10' eng. scale) which clearly indicates existing and proposed grades, all property boundaries, proposed building footprints, easements, driveways and proposed driveway grades, limits of site disturbance, temporary/construction trailers, all building ridgeline elevations, and any proposed detention structures. 3. An Architectural Plan (at 1/4" or 1/8"=1' arch. scale) which clearly indicates dimensioned floorplans, exterior elevations with all ridge and grade elevations labeled, roof plans, material placement and use, overall building dimensions, and building height calculations. 4. A Landscaping Plan (1 "=20' or 1 "=10' eng. Scale) which clearly indicates existing and proposed grades, all proposed landscaping locations, landscaping materials employed, required irrigation table, erosion control placement and type, and any required revegetation for disturbed areas (by type and placement). 5. A Color Board that clearly indicates all materials employed on the exterior of the structure, including but not limited to: siding, stucco, wood, finishes, paints and stains, roof materials, window and door type and casement colors, and soffit and fascia treatments. All materials will be indicated with a representative sample from the manufacturer, including the model number/name, and shall be keyed to placement on the Architectural Plan elevations. Color Board must be no larger than 81/2 x 11(Please reference Appendix 6). If 6. A Lighting Fixture Cut-Sheet, provided by the manufacturer of the product, which clearly indicates the type of fixture being used. All lighting shall be keyed to placement on the Architectural Plan. 7. A colored elevation of the design submittal, as closely as possible representing the type, placement, and accurate representation of materials being employed. A specific `Minimum Final Design Review Submittal' (Appendix 3b) checklist, in addition to minimum requirements of the Pollution Control Plan and Stormwater Control Plan/Drainage Design Manual, is provided with the application and the applicant is requested to review and check each item carefully to ensure a complete application prior to submittal. Applicants are encouraged to ask staff for direction or clarification with the minimum submittal requirements at any time. Additionally, the minimum submittal checklist may be updated on occasion, so applicants are encouraged to contact the Community Development Department to ensure that they are utilizing the most recent checklist available. 15 7. Planning and Zoning Commission Review The Planning and Zoning Commission shall consider the application and supporting material and shall approve, conditionally approve, deny approval or continue the design review of the project within 45 days of the date of the meeting at which the complete application and supporting material is first reviewed by the Commission. If the Commission determines that advice or assistance of professional consultants is needed, or that additional information is required from any source, an additional 45 days shall be permitted for action by the Commission. General Approval Criteria All applications must meet the following general regulatory and planning criteria to be approved: 1. The project complies with the Town of Avon Zoning Regulations, 2. The project has general conformance with Goals and Policies of the Town of Avon Comprehensive Plan, and any sub-area plan which pertains, and 3. There exist adequate development rights for the proposed improvements. Sketch Plan Approval Criteria The Commission and Staff shall evaluate the design of all sketch plan projects utilizing the specific Design Standards, and by using the following general criteria: A. The conformance with setbacks, massing, access, land use and other provisions of the Zoning Code. B. General conformance with Sub-Sections A through D of these guidelines, the design philosophy, and design intentions listed herein. Sketeh plem appr-evals shall fiet be vested, but may be applied towafds the submittal ef a Staff will prepare a memo to the Commission highlighting anticipated areas of discussion for the submitted materials. The Commission will take no formal action. Rather, direction on the design will be given to the applicant from staff and the Commission to incorporate in the final design application. Final Design Plan Approval Criteria The Commission shall evaluate the design of all final design plans utilizing the specific Design Standards, and by using the following general criteria: A. That the final design plan is in compliance with all sketch plan approval criteria and with all final design plan submittal requirements. B. The compatibility of proposed improvements with site topography, to minimize site disturbance, orient with slope, step building with slope, and minimize benching or other significant alteration of existing topography. C. The appearance of proposed improvements as viewed from adjacent and neighboring properties and public ways, with respect to A6 architectural style, massing, height, orientation to street, quality of materials, and colors. D. The objective that no improvement be so similar or dissimilar to others in the vicinity that monetary or aesthetic values will be impaired. E. The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon. Final Design Plan approval shall be valid for a period of two (2) years from the date of approval, with an one-time extension permitted for up to one year at the applicant's request. Basis for approval or denial of project design if the design of any project is found to comply with the purposes prescribed in these Guidelines, Regulations, and any applicable Ordinances of the Town of Avon, and . the design guidelines review criteria prescribed in Section 7 of these Regulations, the Planning and Zoning Commission shall approve the project. If the Commission determines that a conflict exists with the purposes Design Guidelines, or any other provision of these Regulations, or any Ordinance of the Town of Avon which would prevent approval of such project, the Commission shall disapprove the project. If the Commission determines that conflicts exist which are subject to correction, the Commission may conditionally approve or request changes to conform with the Design Guidelines or other provisions of those regulations. Any disapproval, conditional approval or request for changes shall be in writing and shall specifically describe the purpose, statement, or design guidelines with which the design of the project does not comply and the manner of noncompliance. Notification of an application decision shall be made by the recording secretary and transmitted in writing to the applicant within 7 days of said meeting. Time limitations The time limitations contained in these Regulations shall be interpreted as requiring the Commission to conduct a review or make the determinations or decisions required by these Regulations. Failure of the Commission to act within the prescribed time limitations shall be considered as conditional approval for design of the project subject to conformance with all applicable rules and regulations of the Town of Avon. Scheduling The length of the development review process, from the acceptance of a complete application by Staff to the actual hearing, shall provide the Town with a minimum review time as follows: ¦ 7 working days (or no later than 5pm of the Friday one week prior to the meeting) for a Sketch Design review for all residential projects less than multi-family. ¦ 12 working days for Final Design applications on all residential projects less than multi-family. 17 21 working days for Sketch and Final Designs for all other residential or commercial projects. Scheduling requirements, timelines, and commitment goals are available in the office of Community Development, and may be updated periodically. A 'fast tr-aek' review pF 4able to these pleas that afe dewmined by the Meetings The Commission shall regularly meet on the first and third Tuesdays of each month at the time and location designated on the official meeting agenda. The Chairman may call special meetings of the Commission when deemed necessary. A notice and agenda of each meeting shall be posted in the official posting places of the Town at least 48 hours prior to any meeting of the Commission. All meetings of the Commission shall be open to the public. The printed Record of Proceedings, prepared by the Recording Secretary and approved by vote of the Planning & Zoning Commission, shall constitute the only official record of Commission meetings. All records, including proceedings of meetings, applications for review, plans, reports and resolutions shall be maintained in the Community Development Department by the Recording Secretary of the Planning and Zoning Commission. In all instances the applies the applicant and/or applicant representative must be in attendance for the scheduled sketch design plan meeting, or the application will be tabled by the Commission to the next available meeting date. Notification of Action by Commission Within 10 working days following action of the Planning and Zoning Commission, the Commission's decision to approve, conditionally approve, deny approval or continue design review of a project, shall be forwarded to the applicant and his designated agent by first class mail, and posted in a conspicuous manner in the Community Development Department. The decision shall become final if no written appeal is made to the Town Council by any aggrieved person within 30 days following the decision of the Planning and Zoning Commission. Scope of Approval All approvals are site specific. Variations and changes, without Commission approval, are not allowed, except as otherwise provided in these regulations. Appeals Decisions of the Planning and Zoning Commission may be appealed to the Council by the applicant or any interested person or may be reviewed at the request of a majority of the Council at any time before the decision becomes final. An "interested person" is an adjacent property owner or a person entitled to have notice of the hearing mailed to him in association with the action of the Commission (Section 2.16.160 Town of Avon Municipal Code). " deeisien of the .we as b-pee;Zq r.„„i (within 10 days after- a heaFifig). Not more than d+ii4y 0% days fellewing the filing of an appeal, the Town Comeil shall r-eview the aetieft of the Pjaming and Zening Cow.-flission. The Town Geufteil shall, , within thif4y additienal days shall be deemed a gfanting of the appfeval, unless the Within five (5) working days following action of the Planning and Zoning Commission, notification of its decision shall be deposited in the United States mail to the applicant or his or her designated agent. The decision shall become final unless a written appeal or request for review by the Mayor is received by the Town Clerk within fifteen (15) days of the decision of the Planning and Zoning Commission. Not more than thirty (30) days following the filing of an appeal, the Town Council shall review the action of the Planning and Zoning Commission. The Town Council shall, in writing, confirm, modify or reverse the decision of the Commission within thirty (30) days following the commencement of review. If it deems insufficient information is available to provide the basis for a sound decision, the Town Council may postpone final action for not more than thirty (30) additional days. Failure of the council to act within thirty (30) additional days shall be deemed a granting of the appeal unless the applicant consents to a time extension. Any decision by the Town Council which results in disapproval of the Planning and Zoning shall specifically describe the reasons for disapproval. Any appeal must be presented to the Town Clerk at the Town office, and each appeal must be accompanied by a processing fee of fifty dollars ($50.00). (Ord. 92-12; Ord. 83-11; Ord. 04-07 (part)). Term of Design Approval Final design approval for a project, as prescribed by these regulations, shall lapse and become void two (2) years following the date of final approval unless a building permit for project construction is issued. If a building permit expires more than 2 years following final design approval, the final design approval also lapses and becomes void. The applicant may apply only once to the Planning and Zoning Commission for approval of a maximum extension of one (1) year for any final design approval. plans that shall not be eensideFed valid tewefds, a final design submittal beyend si* (6) months ffem the date of appr-ev&. 11 AV.0 N C O L O R A D O Applicant: Mailing Address: Phone #: Owner of Property: City: Cell #: State: zip: Mailing Address: City: Phone #: Fax #: Cell #: State: Zip: Lot: Block: Subdivision: Project Street Address: Project Name: ? Addition ? Single Family ? Duplex ? Multi-Family ? Commercial ? Industrial ? Other: Please Describe Your Project (arch. style, sq. ft., height, materials, colors, unique features): I (we) represent that all information provided to the Town of Avon in connection with this application as true and correct, that I (we) understand the Town of Avon regulations applicable to this project, and understand that incomplete submittals will delay application review. Owner designates Applicant as indicated to act as owner's representative in all application submittals related to this project. Applicant: Owner: (Print Name): (Print Name): Date: Date: Community Development, P.O. Box 975 Avon, CO 81620 (970)748-4030 Fax (970)949-5749 (rev. 6/24/2004) Page 1 of 2 12n SKETCH DESIGN Sketch Plan Fee: $ Fax #: Reviewed by: o Complete 4 Incomplete Date: Community Development, P.O. Box 975 Avon, CO 81620 (970)748-4030 Fax (970)949-5749 (rev. 6/24/2004) Page 2 of 2 0? 1 AVON C O L O R A D O FINAL DESIGN Design Review Fee: $ Applicant: Mailing Address: City: State: Zip: Phone #: Fax #: Cell M Owner of Property: Mailing Address: City: State: Zip: Phone #: Fax M Cell #: Lot: Block: Subdivision: Project Street Address: Project Name: ? Addition ? Single Family ? Duplex ? Triplex ? Other: Please Describe Your Project (arch. style, sq. ft., hei; ;ht, materials, colors, unique features): We (I) represent that all information provided to the Town of Avon in connection with this application as true and correct, that we (I) understand the Town ofAvon regulations'applicable to this project, and understand that incomplete submittals will delay application review. Owner designates Applicant as indicated to act as owner's representative in all application submittals related to this project. Applicant: (Print Name): (Print Name): Date: Date: Community Development, P.O. Box 975 Avon, CO 81620 (970)7484030 Fax (970)949-5749 (rev. 6/24/2004) Page l of 3 Owner 1 ? • Project: Lot Block: Subdivision: ? Site plan ? Three (3) - 24" x 36" plan sets 0 Topographical survey with signed RLS stamp ? Color board 81/2" x 11 (all areas over 401/o slope shaded) ? Exterior lighting fixture cut sheets ? Floor plans ? Eighteen (18) 11" x 17" plan sets - one week prior ? Building elevations (all elevations) to P&Z meetings ? Landsca plan 1 ? Colored elevations - one week 12rior to P&Z meetings 1.1 n: Site De-s elop men t1 ? North arrow & scale (1=10' or 20') ? Existing utility lines, manholes, transformers,etc ? Vicinty map with adjacent lots ? Driveways, parking and turnarounds ? Title block ? Driveway grades (spat elevations) - ? Property lines w/bearings and distances ? Streams, if applicable ? Setback lines (labeled and dimensioned) ? Riparian zone/wetlands, if applicable ? Easements (labeled and dimensioned) ? Fire hydrants (location on site or distance and ? Adjacent rights-of-way direction from a known point) ? Existing topography (dashed lines) ? Culverts, ditches, detention, etc. extended through building ? Utility service lines (general locations) ? Proposed grading (solid lines) ? Snow storage area (include sq. footage) ? Limits of site disturbance ? Walkways, stairs (dimensions) ? Building footprint with roof plan and ridgeline ? Building and area lighting, by type elevations and driplines (dimensioned to p.l.) ? Fcr cing, retaining walls (including specific ? On-site detention structures, if applicable ni-terials & colors, T.O.W. & B.O.W. elevations) ? Significant landforms/outcroppings ? Trash enclosures ? Existin structures ? Wail sections if retainin walls proposed) Current zoning ? Garage and surface parking spaces available Number of dwelling units F ? Area and % of site > 40% slope Floor area for each dwelling unit E ? Area and % of building lot coverage ? Total floor area of all units ? Area and % of site landscaped ? Building height allowed and proposed ? Area and % of paved surface ? Off-street parking spaces required and proposed O Floor plans, dimensions and areas ? Location of address(es) on building or site ? Building elevations (labeled) ? Location of exterior lighting fixtures, by type ? Natural and finished grades for all elevations (numeric) ? Materials and colors labeled on elevations ? Numeric elevation of all roof ridgelines ? Summary table of specific materials and colors ? Utility meter locations ? Location of plantings ? On-site detention structures, if applicable ? Location of existing shrubs and trees ? Sprinkler system location and type ? Limits of site disturbance ? Plantings summary table ? Location and type of erosion control measures ? Existing vegetation, general ? Irrigation Table ? Rain Sensor Note Community Development, P.O. Box 975 Avon, CO 81620 (970)748-4030 Fax (970)949-5749 (rev. 6/24/2004) Page 2 of3 00 Community Development, P.O. Box 975 Avon, CO 81620 (970)748-4030 Fax (970)949-5749 (rev. 6/24/2004) Page 3 of3 Memo To: Honorable Mayor and Town Council T h ru : Larry Brooks, Town Manager From: Norm Wood, Town Engineer Date: July 19, 2004 Re: The Village (at Avon) Filing 2 - Public Improvements Acceptance Resolution No. 04-29 Summary: Resolution No. 04-29 approves and accepts the public improvements installed in conformance with the Subdivision Improvements Agreement for The Village (at Avon) Filing 2. These improvements generally consist of extension of Swift Gulch Road, bike path, storm drainage, debris flow basins, water main extensions, sewer main extensions and shallow utilities to serve the Buffalo Ridge housing project. This construction is now complete and all required materials and certifications have been submitted. Resolution No. 04-29 also establishes the one- year warranty period and allows release of the security deposit with a dual obligee bond to provide security for the warranty period. Recommendations: Approve Resolution No. 04-29, A Resolution Approving and Accepting the Public Improvements Installed and Constructed in Accordance with Subdivision Improvements Agreement for The Village (at Avon) Filing 2 and establishing warranty period for said Improvements. Town Manager Comments: l:A6ngineering\Avon VillageA3.0 Filing 2\Completion\Acceptance MemO.Doc TOWN OF AVON RESOLUTION NO. 04-29 Series of 2004 A RESOLUTION APPROVING AND ACCEPTING THE PUBLIC IMPROVEMENTS INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE VILLAGE (AT AVON) FILING 2 AND ESTABLISHING WARRANTY PERIOD FOR SAID IMPROVEMENTS WHEREAS, the Town of Avon entered into a SUBDIVISION IMPROVEMENTS AGREEMENT, dated April 23, 2002, with Buffalo Ridge Affordable Housing Corporation and Buffalo Ridge II LLLP in connection with the approval of the Final Plat for The Village (at Avon) Filing 2, Town of Avon, Eagle County, Colorado; and WHEREAS, said Agreement established certain public improvements to be constructed in conjunction with said subdivision; and WHEREAS, said Agreement established requirements for the provision of security deposits to assure completion of the improvements in accordance with the Agreement and the subsequent release of the security deposits upon completion and the stipulated warranty period; and WHEREAS, said public improvements were substantially complete as of July 27, 2004; and WHEREAS, all required documentation for approval and acceptance of the improvements has been submitted. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that: 1. The public improvements required to be constructed in conjunction with The Village (at Avon) Filing 2 are substantially complete as of July 27, 2004, in accordance with the SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated one-year warranty period for said improvements shall extend to July 27, 2005. 2. The public improvements are hereby approved and accepted by the Town of Avon with the exception of items of warranty work, which are identified during the warranty period, which items shall have a warranty period, which extends for one year from the date of satisfactory correction of the warranted item. L\Engineering\Avon VillageA3.0 Filing 2\Completion\Approval Res.Doc 3. Effective July 27, 2004, the security deposit may be released and warranty work on Subdivider's Improvements will be secured by a dual obligee bond in accordance with the Subdivision Improvements Agreement. ADOPTED THIS DAY OF , 2004. TOWN COUNCIL TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk l:AEngineering\Avon VillageA3.0 Filing 2\Completion\Approval Res.Doc l{ • MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: CORKING AND TASTING DATE: JULY 1, 2004 At you last meeting I received your direction to implement the state statute permitting alcoholic beverage tastings and to amend the Town's open container law to permit persons to remove from licensed establishments corked bottles of wine. The alcoholic beverage tastings ordinance simply allows tastings and adopts the restrictions of state statute. As you recall, those state restrictions are extensive. I see no reason to place additional restrictions as to time, number of days and number of tastings and understand that you agree. You will note that the ordinance, like the legislation, includes tastings in drug stores. There is no present need of that in Avon, but anyone considering having such a facility would want to know the Town's position. Also, technically, it may not be possible to implement the statute • only in part. The amendment to the open container law, I think, is self-explanatory. JWD:ipse 0 i, TOWN OF AVON, COLORADO ORDINANCE NO. 04-09 SERIES OF 2004 AN ORDINANCE AUTHORIZING RETAIL LIQUOR STORES OR LIQUOR-LICENSED DRUG STORES IN THE TOWN OF AVON TO CONDUCT ALCOHOLIC BEVERAGE TASTINGS BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN DF AVON, COLORADO: Section 1. Amendment. Chapter 5.08 of Title 5, Avon Municipal Code, is amended the addition of a Section 5.08.200 to provide as follows: 5.08.200 Alcoholic beverage tasting. In accordance with Section 12-47- 301(10)(a), C.R.S., retail liquor store and liquor-licensed drugstore licensees are authorized to conduct alcoholic beverage tastings subject to the limitations contained in. Section 12-47-301(10), C.R.S., and subject to no additional limitations. No further application shall be required prior to the conducting of tastings. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 13th day of July, 2004, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 27th day of July, 2004, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. ATTEST: Patty McKenny, Town Clerk Albert D. Reynolds, Mayor INTRODUCED, FINALLY APPROVED, PASSED ON SECOND - READING AND ORDERED POSTED the 27th day of July, 2004. ATTEST: 0 Patty McKenny, Town Clerk Albert D. Reynolds, Mayor APPROVED AS TO FORM: John W. Dunn, Town Attorney *0 TOWN OF AVON, COLORADO ORDINANCE NO. 04-10 SERIES OF 2004 AN ORDINANCE AMENDING TITLE 9, AVON MUNICIPAL CODE, AS IT RELATES TO POSSESSION OF OPENED CONTAINERS OF VINOUS LIQUOR BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Subsection (B) of Section 9.12.080, Chapter 9.12 of Title 9, Avon Municipal Code, is amended by the addition of a new Paragraph (1) to provide as follows: "(1) It shall not be unlawful for any person to have in his or her possession or under his or her control one opened container of vinous liquor removed from a licensed premise pursuant to Section 12-47-411(3.5), C.R.S. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 13th day of July, 2004, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 27th day of July, 2004, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. ATTEST: Patty McKenny, Town Clerk Albert D. Reynolds, Mayor INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 27th day of July, 2004. ATTEST: Patty McKenny, Town Clerk Albert D. Reynolds, Mayor APPROVED AS TO FORM: John W. Dunn, Town Attorney 0 MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: WILDLIFE ORDINANCE DATE: JULY 21, 2004 With this memorandum is an ordinance which will address the concerns raised by the Police Chief and Bill Andree at your last meeting. The ordinance is based on ordinances adopted in Vail and Blue River. Bill Andree recommended the Vail ordinance, and I used the Town of Blue River ordinance because I am familiar with it as the Blue River attorney. It is similar, and one gets the impression that a common form is in use. The language included for certified wildlife-proof containers was provided to me by Bill Andree. He tells me that both Waste Management and Honey Wagon have containers with latches, which are wildlife resistant and steel containers, which have been certified by the Division of Wildlife to be wildlife proof. The latter are more expensive. It is unclear to me why trash containers must be re-secured by 7:00 p.m., but that requirement appears in both ordinances. You may want to discuss that requirement. I also ask that you carefully review the construction site language and provide me with any input. JWD:ipse TOWN OF AVON, COLORADO ORDINANCE NO. 04-11 SERIES 2004 AN ORDINANCE AMENDING TITLE 8, AVON MUNICIPAL CODE, TO ESTABLISH REGULATIONS AND STANDARDS REGARDING THE PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR THE VIOLATION HEROF BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, as follows: Section 1. Repeal. Section 8.24.080 of Chapter 8.24 and Chapter 8.32, Title 8, Avon Municipal Code, are repealed. Section 2. Amendment. Title 8, Avon Municipal Code, is amended by the addition of a new Chapter 8.32 to provide as follows: 8.32.010 Purpose The purpose of this Chapter 8.32 is to protect and maintain wildlife in the Town of Avon and surrounding areas and to minimize the risk of dangerous interaction between humans and wildlife. 8.32.020 Definitions A. Wildlife Any undomesticated animal, including but not limited to elk, deer, sheep, lynx, skunks, bears, raccoons, coyotes, beavers, porcupines, mountain lions, bobcats and foxes. B. Resident Any person, firm, corporation or organization within the Towm of Avon or on Town controlled land. C. Wildlife-Resistant Refuse Container A fully enclosed metal or plastic container or dumpster with a metal or plastic lid. The lid must have a latching mechanism which prevents access to the contents by wildlife. D. Wildlife-Proof Refuse Container Any refuse container which has been certified to be wildlife proof by the Colorado Division of Wildlife. 8.32.030 Residential Refuse Disposal A. All residential refuse containers that receive garbage and/or refuse edible by wildlife must either be wildlife resistant or wildlife proof or be kept within a home, garage, shed or other enclosed structure. B. Residents with curbside pickup shall place their refuse containers at the curb, alley, or public right-of-way at or after 6:00 am. of the morning of the pickup; provided, wildlife-proof containers may be placed curbside after 6:00 a.m. of the day before. After pickup, the containers must be re- secured in an appropriate manner by 7:00 p.m. 8.32.040 Special Event Refuse Disposal Outdoor special event sites shall be kept free from the accumulation of refuse edible by wildlife. Refuse must be collected from the grounds at the close of each day's activities and shall be deposited into appropriate containers or enclosures secured in a manner to prevent access by wildlife or shall be removed to a disposal site. 8.32.050 Construction Site Refuse Disposal All construction sites must have a designated container that receives refuse edible by wildlife. Such container shall either be a wildlife-resistant or wildlife-proof container or a container that is emptied at the end of each workday and the contents of which are deposited into appropriate containers or enclosures secured in a manner to prevent access by wildlife or removed to a disposal site. 8.32.040 Feeding Wildlife Prohibited A. No person shall intentionally or unintentionally feed or provide food in any manner for wildlife on public or private property within the Town of Avon. Persons will be considered to be in violation of this chapter if they leave or store any garbage, refuse or food product in a manner that would create an attraction for wildlife. B. No person shall leave or store any refuse, food product, pet food, grain or salt in a manner which would constitute a lure, attraction or enticement for wildlife. C. Between the dates of April 15'h and November 15th, all bird feeders must be suspended on a cable or other device so that they are inaccessible to bears, and the area below the feeders must be kept free from the accumulation of seed debris. D. This Section 8.32.040 shall not apply to: 1) Any individual, company or corporation that is duly licensed by the State of Colorado or otherwise entitled under law to possess a wildlife species; 2) Any action that is officially sanctioned by the State of Colorado that would require feeding, baiting or luring of wildlife. (An example of one such action would be scientific projects dealing with capturing and tagging wildlife); 3) the feeding of wild birds, unless the bird feeder begins to attract other forms of wildlife. 8.32.050 Penalty Assessment Violation of any provision of this chapter by any person, firm or corporation, whether as owner or occupant, shall be handled in the following manner: A. First Violation: The first violation of the Chapter will result in a Notice of Violation to an alleged offender. The alleged offender will be warned and informed of the proper precautions necessary to prevent the feeding of wildlife and the necessary actions to meet the provisions of this Chapter, which may include but are not limited to: removal of wildlife attractants, time limits for the placement of curbside refuse containers and use of bear resistant containers. Said notice shall include a reasonable time schedule for compliance. An alleged offended who timely complies with the first Notice of Violation will not be subject to the penalty provisions of this Chapter. B. Second Violation: The second violation of this Chapter will result in another Notice of Violation, as well as a Summons and Complaint. Two Notices of Violation within a twelve (12) month period will subject the violator to the penalty provisions of this Chapter. Failure to comply with the first Notice of Violation within the designated time frame may be deemed a second violation. The second Notice of Violation shall include a compliance schedule when applicable. C. Subsequent Violation(s): Offenders who have violated this Chapter more than two times within a twelve (12) month period or continue to fail in achieving timely compliance with a previous notice will be subject to a graduated fine schedule as set forth herein. 8.32.060 Penalties A. The graduated fine schedule for the penalty assessment procedure is as follows: Warning for the first violation $100 to $250 fine for the second violation within the twelve (12) months of the first violation, or failure to comply with the designated compliance schedule associated with the first violation. $250 to $1000 fine for each successive violation within twelve (12) months of the previous violation, or failure to comply with the designated compliance schedule associated with the second or subsequent violation. B. In addition to the criminal enforcement set forth above, The Town of Avon may seek an injunction or other appropriate civil relief to enforce the provisions of this Chapter. 8.32.070 Violator's Responsibilities In addition to the penalties outlined herein, upon order of the police department, violators will be required to perform all necessary actions to remove or abate attractions of wildlife. This may include, but shall not be limited to: the removal of bird feeders or pet food, cleaning or appropriate storage of barbeque grills, and/or the required use of wildlife resistant containers and/or wildlife proof containers. 8.32.080 Notice of Violation A resident shall be deemed to have been issued an appropriate Notice of Violation if it is personally served upon the resident, posted on the resident's premises or placed in the U.S. Mail, postage prepaid and addressed to the resident according to the last known address given by the resident to any Town of Avon or Eagle County government department. If the identity of the resident is not known, the entity responsible for payment of the garbage removal services for the subject location will be held responsible for complying with this Chapter and for any penalties assessed pursuant to the same. Section 3. Penalties. It is unlawful for any person to violate any of the provisions of this Ordinance. Every person convicted of a violation of any of the provisions of this Ordinance shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year or by both such fine and imprisonment. INTRODUCED, READ, APPROVED, AND ORDERED POSTED this 27th day of July, 2004 and a public hearing shall be held on this Ordinance on the day of August, 2004 at 5:30 p.m. in the Council Chambers of the Avon Municipal Building, Avon, Colorado. Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED POSTED Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney Memo To: Honorable Mayor and Town Council From: Tambi Katieb, Community Development Direc?g Date July 20, 2004 Re: First Reading of Ordinance 04-12, proposed revisions to Chapter 16 (Subdivision) and Chapter 17 (Zoning) of the Avon Municipal Code Summary: Attached to this memo is Ordinance 04-12 that proposes several revisions to both the Zoning and Subdivision Codes. The Ordinance shows existing provisions, and where applicable, a strikethrough followed by the proposed revision. The changes presented in the ordinance are the result of several meetings with Town Council and the Building Community wherein an exchange on how we can revise/improve our process in both design review, zoning and subdivision code matters took place. Likewise, staff and Council have considered and discussed several of the proposed changes to the Zoning Code over the last year an effort to improve our process while remaining protective of the need to regulate development to the desires of the Town Council and citizens. Ordinance 04-12 proposes to amend the Avon Municipal Code with respect to the following: • Building Height Definition: Clarify the measurements within and outside the structure proposed, to avoid continued confusion and changing interpretation by staff over the years. • PUD Submittal Requirements and PUD Amendment procedures: Establishing minimum submittal requirements for all applications, addressing applications proposed in conjunction with a development agreement, and setting forth several new submittal requirements. • Development agreements and PUD applications: Establishing the use of development agreements and PUD application minimums. • Coordination of Public Notice provisions with Preliminary Subdivision applications: Avoiding confusion (as recently experienced on several PUD applications) when sending public notice out for Commission and Council public hearings by consolidating the notice for both applications. • Clarification of existing parking standards for Commercial Land Use: Correcting a typographic error in the new codebook for Shopping and Convenience Goods (retail). • Revised SPA/PUD definition and notice provision in the Subdivision Regulation: Coordinating the consolidated public notice approach with PUD applications to match the language proposed in the PUD regulations. Also attached to this memo is a copy of Resolution 04-19, a recommendation by the Planning and Zoning Commission that the revisions proposed are adopted by Town Council. The Planning Commission held two public hearings on the revisions prior to adoption of the Resolution at their July 20, 2004 meeting. Staff and the Town Attorney will be available at your meeting to answer any questions that you may have on the proposed amendments. Recommendation: Staff recommends adoption of Ordinance 04-12 on First Reading. You will hold at least one public hearing on the revisions prior to final adoption on Second Reading. Town Manager Comments;, Attachments: 1/ Ordinance 04-12 2/ Planning & Zoning Commission Resolution 04-19 F TIanning & Zoning Commission\Memos\2004\DRG and AMC CHANGES 2004 72004.doc n ORDINANCE NO. 04-12 AN ORDINANCE AMENDING TITLES 16 AND 17 OF THE AVON MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO REVIEW OF PLANNED UNIT DEVELOPMENT ZONE DISTRICTS, DEFINITION OF BUILDING HEIGHT, AND PARKING BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: TITLE 17 ZONING Section 1. Amendment. Section 17.08.160, Chapter 8 of Title 17, Avon Municipal Code, is amended as follows: 17.08.160 Building height. Building height means the distance measured vertically from the existing grade or finished grade (whichever is more restrictive) at any given point outside the building to the top of a flat roof, mansard roof or sloping roof. Within a building, height shall be measured vertically from any point on a flat roof, mansard roof, or sloping roof to the existing grade directly below said point. Maximum Building Height Interior Section MT.S Iriexknm BLA? Helglt Maxkn & *vh ' Ory.•aiknstmg Cr&dp Maximum Building Height Exterior Section Showing Envelope N.T.S. Imaginary line runs parallel to existing grade limiting building height Area exceeding height limitation when measured to finished exterior grade , Proposed finished grade Existing grade Height measurements i i - Proposed finished grade at walkout Section 2. Amendment. Subsection (c) (3) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended as follows: (c) Development review procedures. (3) Aft applieation for- a PUD approval must be submitted to the Depat4ment of GE)ffH+iuii4y Development at least thit4y (30) days pfier- to a fegulafly sehedtfled Development Depaftment stafPs findings and feeewwaefidatiens shall be made at the initial fefffial heafing before the Planning Commission. A fepeft of t this zening eede, (3) A complete application for a PUD must be submitted to the Department of Community Development at least thirty (30) days prior to a regularly scheduled meeting of the Planning and Zoning Commission. A report of the Community Development Department findings and recommendations shall be made at the initial formal hearing before the Planning Commission. A report and resolution of the Planning 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. 1A Section 3. Amendment. Subsection (d) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended to provide as follows: (d) Submittal requirements. Submittal requirements may vary depending on the complexity of the proposed development as determined by the Community Development Department, and whether or not the PUD is being requested in connection with the review of a development agreement pursuant to Chapter 17.14 of this Code. Generally, the following submittal requirements shall apply for all new PUD applications and proposed amendments to existing PUD districts: (1) Application form and filing fee; (2) A written statement describing the nature of the project to include information on proposed uses, densities, nature of development proposed, contemplated ownership patterns, and phasing plans; (3) A survey stamped by a licensed surveyor no older than 3 years from the date of application, indicating existing conditions of the property to be included, to include the location of improvements, existing contour lines, natural features, existing vegetation, watercourses and perimeter property lines of the parcel; (4) (site plan, fleer- plans, eleva+iafis), if . A complete zoning analysis of existing and proposed development, to include a square footage or density breakdown of all proposed uses and parking. Where a structure or building exists, a complete set of plans depicting the existing conditions of the parcel (site plan, floor plans, elevations), if applicable; (5) A vicinity plan showing the proposed improvements in relation to all properties at a scale not smaller than one (1) inch equals one hundred (100) feet. For projects larger than two (2) acres in size, the appropriate scale shall be determined by the Department of Community Development; (6) Evidence of available utilities, such as water and sewer service, as provided. (7) dimensions ef all buildings and stf+tetufes and all pr-ineipal sitee development f;eatur-es. Proposed site plan showing the approximate locations and dimensions of buildings, or approximate building envelopes and all principal site development structures or 6 features. For projects less than two (2) acres in size, the plan shall be prepared at a scale not smaller than one (1) inch equals twenty (20) feet. For projects larger than two (2) acres in size, the appropriate scale shall be determined by the Department of Community Development. Additional submittal requirements, as determined necessary by either the Community Development Department or the Planning and Zoning Commission, may be required and include the following: (8) Preliminary building elevations, sections and floor plans at a scale not smaller than one-eighth (1/8) inch equals one (1) foot in sufficient detail to determine floor areas, circulation, location of uses and general scale and appearance of the proposed development; (9) Photo overlays and/or other acceptable techniques for demonstrating a visual analysis of the proposed development in relationship to existing conditions; (10) A site-massing model depicting the proposed development in relationship to development on adjacent parcels; (11) twenty (20) feet. Fef pfejeets lafgef than twe (2) . 4he Environmental impact report; (12) Preliminary drainage analysis and grading plans; (13) Economic model of the proposed uses and densities where an application proposes uses that may impact the ability of the Town to provide adequate public services; (14) Any additional material or information as deemed necessary for proper review of the proposed PUD or PUD amendment. Four (4) complete copies of the above information, with the exception of the massing model shall be submitted with an application for a PUD. 4 Section 4. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended to provide as follows: (h) Design er-iter-ia. The fallowing desigga er-iter-ia shall be used as the wipal er-iter-ia in evaluating a PUD. 14 shall be the burden of the appliean them is not appheable, of that a paAieulaf developf'Rent solution eensistefA with Design Criteria. The following design criteria shall be used as the principal criteria in evaluating a PUD District. 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 (1) or more of them is not applicable, or that a particular development solution consistent with the public interest has been achieved. Where the PUD District is being requested in connection with the review of a development agreement pursuant to Chapter 17.14 of this Code, not all design criteria may be applicable, as determined by the Department. Section 5. Amendment. Subsection (k) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended to provide as follows: (1) Amendments. Requests fer- amendfnei4s to an appr-eved Planned Unit Development shall Amendments. Requests for amendments to an approved Planned Unit Development District shall be reviewed in accordance with the procedures described above. Amendments that propose substantial changes to land use in connection to existing development agreements and development plans as outlined in Chapter 17.14 of this Code may require additional information and/or development agreements and amendment to development plans. Section 6. Amendment. Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended by the addition of (m) to provide as follows: (m) Preliminary Subdivision Application with PUD Where subdivision approval will be required to implement development in a proposed PUD, a Preliminary Subdivision Plan application must be filed concurrently and in conjunction with the PUD application. The provisions and procedures for public notice, hearing and review for a PUD as prescribed in this Title shall apply to the Preliminary Subdivision Plan application. No development may be implemented in a PUD prior to approval and recording of a corresponding Final Subdivision Plat. Section 7. Amendment. Subsection (c)(2)(a) of Section 17.24.020, Chapter 24 of Title 17, Avon Municipal Code, is amended to provide as follows: (2) Commercial Land Use Minimum Requirements a. Shopping and convenience goods retail 41100 4/1000 sq. ft. GLFA TITLE 16 SUBDIVISION Section 8. Amendment. Section 16.08.150, Chapter 08 of Title 16, Avon Municipal Code, is amended to provide as follows: S i l i d d/ Pl d b4 it D l t bdivi i t ll d area an jqee a ?y Ig anne b 1 l d or- ann t b e d eve opmen means a su s eft e6fi fo e t ifi d l whi h d s t l d d - y otie ( ) or- fnere an ow ner-s o e eve a un e p an e oe fia ope un er human event (O fE 79 9 § 171 "), Specially planned area (SPA) and/or Planned Unit Development (PUD) means a subdivision controlled by one (1) or more landowners to be developed under a unified plan which does not correspond in lot area, density, lot coverage, open space or other requirements of existing subdivision or zoning regulations; it shall contain sufficient total area in relation to the intended use or uses to permit effective application of planning principles to protect the landform, reduce street and utility costs, preserve open space and provide a superior human environment. Where subdivision approval will be required to implement development in a proposed PUD, a Preliminary Subdivision Plan application must be filed and reviewed concurrently with the PUD application. The public notice and hearing requirements shall be combined and run concurrent with the PUD public notice and hearing requirements as prescribed in Title 17. Section 9. Amendment. Section 16.20.070, Chapter 20, Title 16, Avon Municipal Code, is amended to provide as follows: e, to the subdivider- and to awner-s or- pr-e p", within dffee hu ndr-ed (300) feet ef the h ' i ti om eowners assee a eff. f l ithi th h d d 300 f t f th 4 i ti e p e pfepef y w n fee un fe ( ) ee e r-opef y n ques on. The Town Council shall hold a hearing upon any preliminary plan submitted. Notice of such hearing shall be sent by first class mail, or delivered personally, at least five (5) days prior to the hearing date, to the subdivider and to owners or property within three hundred (300) feet of the property in question. Owners of residential multi-family condominium units may be served by mailing (or serving) a copy of any such notice to the manager of the homeowners' association. The subdivider is required to furnish to the Town Clerk the names and addresses of the owners of property within three hundred (300) feet of the property in question. Where subdivision approval will be required to implement development in a proposed PUD, a Preliminary Subdivision Plan application must be filed and reviewed concurrently with the PUD application. The public notice and hearing requirements shall be combined and run concurrent with the PUD public notice and hearing requirements as prescribed in Title 17. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 27th day of July, 2004, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 10th day of August, 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 F:ACounci1\0rdinances\2004\0rd 04-12 AMC 16& PRevisions.doc TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04-19 SERIES OF 2004 l ?s A RESOLUTION RECOMMENDING APPROVAL OF ORDINANCE AMENDING TITLES 16 AND 17 OF THE AVON MUNICIPAL CODE T THE TOWN COUNCIL AS IT RELATES TO REVIEW OF PLANNED UNIT DEVELOPMENT ZONE DISTRICTS, DEFINTION OF BUILDING HEIGHT, AND PARKING WHEREAS, Titles 16 and 17 of The Avon Municipal Code require review and revision on a periodic basis in order to continue to serve the public interest; and WHEREAS, the Planning & Zoning Commission is appointed by Town Council to review, make recommendations, and render decisions on all zoning applications; and WHEREAS, the Planning and Zoning Commission have reviewed the attached revisions ("Exhibit A") to Resolution 04-19 Series of 2004, and held a public hearing as required by the Avon Municipal Code to review the proposed amendments; NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends to the Town Council the approval of changes set forth in Resolution 04-19 Series of 2004 in order to amend the existing Avon Municipal Code as adopted. ADOPTED THIS 20th DAY OF JULY, 2004 Signed.- Date: Chris Evans, Chair Attest. Date: 7 ?0 2 00 Terry Smitl4, ecretary FAPlanning & Zoning Commission\Resolutions\20WRes 04-19 Zoning Subdivision Ordinance Adoption.doc Exhibit "A" to Resolution 04-19 ORDINANCE NO.04-XX AN ORDINANCE AMENDING TITLES 16 AND 17 OF THE AVON MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO REVIEW OF PLANNED UNIT DEVELOPMENT ZONE DISTRICTS, DEFINITION OF BUILDING HEIGHT, AND PARKING BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: TITLE 17 Section 1. Amendment. Section 17.08.160, Chapter 8 of Title 17, Avon Municipal Code, is amended as follows: Building height means the distance measured vertically from the existing grade or finished grade (whichever is more restrictive) at any given point outside the building to the top of a flat roof, of mansard roof, or te the highest r-idgeline a sloping roof. Within a building, height shall be measured vertically from any point on a flat roof, mansard roof, or sloping roof highest r-idgeline (for- s! reefs) to the existing grade directly below said point. Maximum Building Height Interior Section ILT.S / Mudrtun R - -9 FfNyt IA?rinun Dilriq h ororaWli trq Or@* Maximum Building Height Exterior Section Showing Envelope N.T.S. Imaginary line runs parallel to existing grade limiting building height Area exceeding height limitation when measured to finished exterior grade Proposed finhdud grade Y/ _ Existing Breda Section 2. Amendment. Subsection (c) (3) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended as follows: (3) A complete application for a PUD must be submitted to the Department of Community Development at least thirty (30) days prior to a regularly scheduled meeting of the Planning and Zoning Commission. A report of the Community Development Department findings and recommendations shall be made at the initial formal hearing before the Planning Commission. A report and resolution of the Planning 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. Section 3. idment. Subsection (d) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended to provide as follows: (d) Submittal requirements. Submittal requirements may vary depending on the complexity of the proposed development as determined by the Community Development Department, and whether or not the PUD is being requested in connection with the review of a development agreement pursuant to Chapter 17.14 of this Code. Generally, the following minimum submittal requirements shall apply for all new PUD applications and proposed amendments to existing PUD districts: :---? Proposed finished grade at walkout (1) Application form and filing fee; (2) A written statement describing the nature of the project to include information on proposed uses, densities, nature of development proposed, contemplated ownership patterns, and phasing plans; (3) A survey stamped by a licensed surveyor no older than 3 years from the date of application, indicating existing conditions of the. property to be included, to include the location of improvements, existing contour lines, natural features, existing vegetation, watercourses and perimeter property lines of the parcel; (4) A complete zoning analysis of existing and proposed development, to include a square footage or density breakdown of all proposed uses and parking. Where a structure or building exists, a complete set of plans depicting the existing conditions of the parcel (site plan, floor plans, elevations), if applicable; (5) A vicinity plan showing the proposed improvements in relation to all properties at a scale not smaller than one (1) inch equals one hundred (100) feet. For projects larger than two (2) acres in size, the appropriate scale shall be determined by the Department of Community Development; (6) Evidence of available utilities, such as water and sewer service, as provided. (7) Proposed site plan showing the approximate locations and dimensions of buildings, or approximate building envelopes and all principal site development structures or features. For projects less than two (2) acres in size, the plan shall be prepared at a scale not smaller than one (1) inch equals twenty (20) feet. For projects larger than two (2) acres in size, the appropriate scale shall be determined by the Department of Community Development. Additional submittal requirements, as determined necessary by either the Community Development Department or the Planning and Zoning Commission, may be required and include the following: (8) Preliminary building elevations, sections and floor plans at a scale not smaller than one-eighth (1/8) inch equals one (1) foot in sufficient detail to determine floor areas, circulation, location of uses and general scale and appearance of the proposed development. (9) Photo overlays and/or other acceptable techniques for demonstrating a visual analysis of the proposed development in relationship to existing conditions; (10) A site-massing model depicting the proposed development in relationship to development on adjacent parcels; (11) Environmental impact report; (12) Preliminary drainage analysis and grading plans; (13) Economic model of the proposed uses and densities where an application proposes uses that may impact the ability of the Town to provide adequate public services; (14) Any additional material or information as deemed necessary for proper review of the proposed PUD or PUD amendment. Four (4) complete copies of the above information, with the exception of the massing model shall be submitted with an application for a PUD. Section 4. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended to provide as follows: (h) Design Criteria. The following design criteria shall be used as the principal criteria in evaluating a PUD District. 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 (1) or more of them is not applicable, or that a particular development solution consistent with the public interest has been achieved. Where the PUD District is being requested in connection with the review of a development agreement as pursuant to Chapter 17.14 of this Code, not all design criteria may be applicable, as determined by the Department. Section 5. Amendment. Subsection (k) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended to provide as follows: (1) Amendments. Requests for amendments to an approved Planned Unit Development District shall be reviewed in accordance with the procedures described above. Amendments that propose substantial changes to land use in connection to existing development agreements and development plans as outlined in Chapter 17.14 of this Code may require additional information and/or amendment to development agreements and to development plans. Section 6. Amendment. Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended by the addition of (m) to provide as follows: A (m) Preliminary Subdivision Application with PUD Where subdivision approval will be required to implement development in a proposed PUD, a Preliminary Subdivision Plan application must be filed concurrently and in conjunction with the PUD application. The provisions and procedures for public notice, hearing and review for a PUD as prescribed in this Title shall apply to the Preliminary Subdivision Plan application. No development may be implemented in a PUD prior to approval and recording of a corresponding Final Subdivision Plat. Section 7. Amendment. Subsection (c)(2)(a) of Section 17.24.020, Chapter 24 of Title 17, Avon Municipal Code, is amended to provide as follows: (2) Commercial Land UTse Minimum ReQWLements a. Shopping and convenience goods retail 411000 sq. ft. GLFA TITLE 16 SUBDIVISION Section 8. Amendment. Section 16.08.150, Chapter 08 of Title 16, Avon Municipal Code, is amended to provide as follows: Specially planned area (SPA) and/or Planned Unit Development (PUD) means a subdivision controlled by one (1) or more landowners to be developed under a unified plan which does not correspond in lot area, density, lot coverage, open space or other requirements of existing subdivision or zoning regulations; it shall contain sufficient total area in relation to the intended use or uses to permit effective application of planning principles to protect the landform, reduce street and utility costs, preserve open space and provide a superior human environment. Where subdivision approval will be required to implement development in a proposed PUD, a Preliminary Subdivision Plan application must be filed and reviewed concurrently with the PUD application. The public notice and hearing requirements shall be combined and run concurrent with the PUD public notice and hearing requirements as prescribed in Title 17. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 27th day of July, 2004, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 10th day of August, 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 ?? :ter Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town EngineeP' Date: July 20, 2004 Re: Ordinance No. 04-13, An Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions - First Reading Summary: The attached Ordinance No. 04-13 is proposed for consideration in anticipation of future construction projects that may have much less impact if certain activities are performed out side the limited construction hours stipulated in Section 8.24.085 of the Avon Municipal Code. This section of the Code basically limits construction activities to the hours of 7:00 AM to 7:00 PM Monday through Saturday and 9:00 AM to 6:00 PM Sundays and National Holidays. This can create some major problems for contractors and the general public under certain circumstances. This is especially true in the case of work in heavily traveled public streets such as Avon Road. Anticipated projects impacting Avon Road include a sewer line crossing north of the Eagle River Bridge and the Town's 2005 Street Improvement Program will likely include asphalt milling and overlays. It seems that much of the work on both these projects could be accomplished outside of currently allowed work hours with a substantial reduction on impacts to the general public. We believe this modification to the Avon Municipal Code will provide needed flexibility for certain construction activities while maintaining the protection intended in the current code. We recommend approval of Ordinance No. 04- 13, Series of 2004, An Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions. Recommendation: Approve Ordinance No. 04-13, Series of 2004, An Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions, on First Reading. I:\Engineering\Ordinances\Noise Ord. MCM Doc Proposed Motion: I move to approve Ordinance No. 04-13, Series of 2004, An Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions on First Reading. Town Manager Comments: 0 Page 2 TOWN OF AVON ORDINANCE NO. 04-13 SERIES OF 2004 AN ORDINANCE AMENDING SECTION 8.24.085 OF THE AVON MUNICIPAL CODE TO ALLOW THE GRANT OF AN EXCEPTION TO CONSTRUCTION HOUR LIMITATIONS UNDER CERTAIN CONDITIONS BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON COLORADO THAT: Section 8.24.085 of the Avon Municipal Code is hereby amended by the addition of the following: The town manager, or his designee, may grant an exception to the above work hours for specific construction activities when it can be demonstrated that it is in the interest of the general public for those construction activities to occur outside the above specified work hours. The grant of an exception may be conditioned upon compliance with rules and conditions as specified by the town manager, or his designee, to minimize impacts of the construction activities. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of July, 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 August, 2004 at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Albert D, Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk I:\Engineering\Ordinances\Noise Ord. Amend.Doc INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this day of , 2004. Town of Avon, Colorado Town Council Albert D, Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk Approved as to Form: Town Attorney C\Engineering\Ordinances\Noise Ord. Amend.Doc Memo To: Mayor & Town Council Thru: Larry Brooks, Town Manager Jacquie Halbumt, Assistant Town Manager From: Patty McKenny, Town Clerk Date: July 21, 2004 Re: Public Hearing for Outdoor Use of Amplified Sound Application Summary: A public hearing is required on a Permit Application for Outdoor Use of Amplified Sound for events that will be using amplified sound before 9:00 AM or after 8:00 PM in Nottingham Park (Avon Municipal Code Chapter 5.24.020). The applicant is Frank Osurio, American Crown Circus & the event is a circus on July 29, 2004. This event has two shows one from 6 PM - 8 PM and one from 8 PM to 10 PM. The source & nature of the amplified sound is to be able to announce the upcoming acts for the circus. Background: The American Crown Circus returns to Avon's Nottingham Park for a second year on Thursday, July 29th. Showtime's are 6 and 8 pm with tickets available at the door. The American Crown Circus is a family owned and operated acrobatic circus. The circus tent seats 200 per showing and features acrobats, clowns, jugglers and aerialists. Refreshments and souvenirs are available for sale. For more information, contact Fraidy Aber at the Town of Avon, 748-4032. Financial Implications: The applicant has submitted the $25 processing fee for the amplified sound permit & the related fees with the Recreation Department. Town Manager Comments: , Attachments: ? Application for Outdoor Use of Amplified Sound Equipment Jul-ZU-ZUU4 U3:4Upm From-town Ut Avon '(U4yVJ4a I-bny f.uul/uul r-(vb T, r c u ? O R D 0 TOWN OF AVON PERMIT APPLICATION FOR OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM '7 1. NAME OF APPLICANT /I I 12''C'" -C--/ ( <1 -Z r IL REPRESENTING BUS ORGANIZATION C7 /' / -7 C , tom? /7 ! YC ?r f L 3. ADDREScS OF PREMISE OR LOCATION WHERE SO IS TOPE PROIDWED?? f 6 ?P?c??ICr?C crf (??((// l/ - rR 4. Z ELEPHONE N UMBER 5. PURPOS 7-?,e7 OUTDOOR USE OF SOUND AMPLIFICATION YSTEM E 6. DATES AND TIMES OF PROPOSED USE 7. ATTACH A DRAWING OF PROPERTY AND PREMISES SHOWING PROPOSED LOCATION OF SOUND AzICAT N EQUIPMENT AND DIRECTION OF SOUND PR ECTION. ?t- SIGNATU U O PPLICANT ZS ?l o, s /W l MAILING ADDRE S OF APPLICANT ,?l O DATE APPROVED: TOWN CLERK p DATE .application Pamir for Ooidwr Sound / luny 2002 MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JULY 13, 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 Tern Mac McDevitt. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Community Development Director Tambi Katieb, Town Engineer Norm Wood, Finance Director Scott Wright, Police Chief Jeff Layman, Public Works / Transit Director Bob Reed, Recreation Director Meryl Jacobs as well as members of the press and public. Citizen Input Mayor Reynolds thanked everyone, staff and others who helped with the July 4th event, as it was an extremely successful event. Special Events Coordinator Fraidy Aber introduced Judy Combs who presented information about the weekend event, Thunderbird Art & Wine Affair. Aber then presented some final information regarding the past events including July 4th event and the Triple Bypass event and future event, Friday Night Cinema Night. Community Development Director Tambi Katieb presented an update to the Avon Comprehensive Plan process, identifying several dates whereby public input will be sought. Asst. Town Engineer Anne Martens presented information on the 2004 street improvements for Avon. Maury Nottingham addressed the Council with a request to save some trees near Pizza Hut from the proposed improvements in that area that would likely eliminate them. He presented pictures of the trees that were taken in about 1950 noting the historical importance of them. Council asked staff to once again to review the proposal and determine whether or not the trees could be saved. Resolutions Community Development Director Tambi Katieb presented Resolution No. 04-25, Series of 2004, Resolution relating to Proposed Amendments to existing Non-Developable Areas in the Wildridge Planned Unit Development. He noted that the Resolution addresses basic criteria to proposals in Wildridge that would request a change to existing platted "non developable areas". He indicated that the intent of the resolution is to provide policy direction to the community and potential owners of properties in Wildridge that contain platted non-developable areas. He further explained that unfortunately the policy criteria or basis for amending or altering these areas was not contained in the PUD or the original Wildridge Subdivision applications. And as a result, should applications to alter or change these platted areas come before the Town, it is cumbersome to staff, the applicant, and the Council to qualify a rationale for amending the PUD and Subdivision from its current configuration. Councilor Sipes and Mayor Pro Tem McDevitt expressed some concerns about parts of the resolution, requesting that staff revise the resolution to include a stronger first paragraph and clarify "interested parties" language. Councilor P. Buckley did not see the need for this action. Further discussion ensued and Wildridge resident George Ruther commented on the proposed resolution as well. Staff would return with the changes at the next meeting. Finance Director Scott Wright presented Resolution No. 04-26, Series of 2004, Resolution to amend the 2004 Budget noting what items were included in the budget amendment, i.e. related to the new special event Lakeside Cinema & copier lease for police department. After some discussion about the Lakeside Cinema event and whether or note revenues met expenditures for that event, a motion was made. Councilor Sipes moved to approve Resolution No. 04-26, Series of 2004, Resolution to amend the 2004 Budget. Mayor Pro Tern McDevitt seconded the motion and it passed with a five to one vote (P. Buckley - nay). Ordinances Town Attorney John Dunn presented on second reading Ordinance No. 04-08, Series of 2004, An Ordinance amending Chapter 3.12, Title 3, Municipal Code of the Town of Avon, to Provide a Procedure for the Refund of Real Estate Transfer Tax Paid in Error. At a prior meeting, the Council requested that legislation be drafted to accommodate a refund for those people who paid the exemption in error. Some discussion ensued about charging the responsible party for the error; it was noted that that would be a problematic solution in terms of enforcement. Mayor Reynolds opened the public hearing, no comments were made and the hearing was closed. Mayor Pro Tern McDevitt moved to adopt on second reading Ordinance No. 04-08, Series of 2004, An Ordinance amending Chapter 3.12, Title 3, Municipal Code of the Town of Avon, to Provide a Procedure for the Refund of Real Estate Transfer Tax Paid in Error. Councilor Brown seconded the motion and it passed unanimously. Town Attorney John Dunn presented on first reading Ordinance No. 04-09, Series of 2004, An Ordinance Authorizing Retail Liquor Stores or Liquor-Licensed Drug Stores in the Town of Avon to Conduct Alcoholic Beverage Tastings. He noted that the Ordinance addresses the recently passed legislation at the State that allows tastings at the above referenced establishments. Hen noted that the local ordinance follows state law exactly and that the tastings are not limited to just wine, but to spirituous liquors as well. Councilor D. Buckley moved to approve Ordinance No. 04-09, Series of 2004, An Ordinance Authorizing Retail Liquor Stores or Liquor-Licensed Drug Stores in the Town of Avon to Conduct Alcoholic Beverage Tastings. Councilor Brown seconded the motion and it passed unanimously with a roll call vote. Town Attorney John Dunn presented on first reading Ordinance No. 04-10, Series of 2004, An Ordinance Amending Title 9, Avon, Municipal Code, as it relates to Possession of Opened Containers of Vinous Liquor. He noted that the Ordinance addresses the conflict between Avon's Code and the recently passed legislation at the State pertaining to open containers. Some discussion ensued about how Police officers would know that the container came from a restaurant. Mayor Pro Tern McDevitt moved to adopt Ordinance No. 04-10, Series of 2004, An Ordinance Amending Title 9, Avon, Municipal Code, as it relates to Possession of Opened Containers of Vinous Liquor. Councilor D. Buckley seconded the motion and it passed unanimously with a roll call vote. Public hearings would be held on the ordinances at the next meeting. New Business Councilor D. Buckley commented on the opening of the new ECO trail on Thursday. Attorney Report Town Attorney John Dunn provided an update on the negotiations regarding the court ordered mediation that is supposed to occur with the parties involved in Lot 61. Mayor Report Again, thanks to staff and everyone responsible for the special events taking place in Avon. Regular Council Meeting Page 2 of 3 July 13, 2004 Consent Agenda Mayor Reynolds asked for a motion on the Consent Agenda. Mayor Pro Tern McDevitt moved to adopt the consent agenda. Councilor D. Buckley seconded the motion and it passed unanimously. a. Approval of the June 22, 2004 Regular Council Meeting Minutes b. Avon Public Library Lease c. Xerox Copier Lease for Police Department d. Metcalf Basin Drainage Improvements Project (Nottingham Road to 1-70) / Colorado Dept. of Transportation Utility Permit e. Resolution No. 04-27, Series of 2004, Resolution approving the Final Plat, Wildridge Bluff Townhouses, The Final Phase of Suncrest Townhomes, Phase 11, A Resubdivision of a Part of Lot 7, Block 1, Wildridge, Town of Avon, Eagle County, Colorado (3038 Wildridge Road) There being no further business to come before the Council, the meeting adjourned at 7 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 July 13, 2004 Page 3 of 3 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norm Wood, Town Engineer Anne Martens, Assistant Tow ngineer Date: July 21, 2004 Re: Nottingham Road Improvements (Phase I) Easement Appraisals - Valuation Consultants, Inc. Appraisal Services Proposal Summary: Jeff Maddox with Valuation Consultants, Inc. has submitted a Proposal at a cost not to exceed $15,000.00 to provide appraisals for fifteen (15) properties for permanent and temporary easements required for construction of the Nottingham Road Improvements (Phase I). Valuation Consultants, Inc. has provided appraisal services for previous town projects including the East Avon Improvements, Avon Road Separated Grade Crossing Project, the Roundabouts Project and the West Beaver Creek Boulevard Streetscape Project. The cost of the proposed services is in line with previous appraisal services and is included in the overall project budget. The current approved 5-Year Capital Improvements Fund Budget includes $304,000 in 2004 for construction documents and right-of-way acquisition and $2,210,000 in 2005 for construction. The cost of these services is within the current Budget. Approval of the Proposal in the amount not to exceed $15,000.00 from Valuation Consultants, Inc. to provide appraisals for permanent and temporary easements involving fifteen (15) separate properties as required for construction of the Nottingham Road Improvements (Phase I) is recommended. Recommendations: Approve Proposal in the amount not to exceed $15,000.00 from Valuation Consultants, Inc. to provide appraisals for permanent and temporary easements involving fifteen (15) separate properties as required for construction of the Nottingham Road Improvements (Phase I). Town Manager Comments: C:ADocuments And Settings\Nwood\Local Settings\Temporary Internet Files\OLK2\Services Proposal Mem.Doc Jul-21-04 03:40P Town of Avon 970 748 1958 'r .. ..... ..... ..v..vv? ?u? -?, 1111, a rV -71.9-."').3 /O VALUATION CONSULTANTS IN C. I Real l-state Appraisers - Coa?•ultanu i 20 Eagle Rnad, Sulte 150 P.O. Box 361 ' Avon, Colorado 81620 I (9711) 949-4898 fix (970) 940.1376 i July 21, 2004 Ms. Anne Martens 'own of Avon I Box 5270 Avon, CO 81620 by fax: 748-1958 RE: Appraisals of. I -Proposed easements, both permanent and temporary, to be acquired from: 1. Lot 9, Block I. B@BC (Sherwood Meadows) 2, Lot 8, Block 1, B@HC (Sounen Halde) 3. Lot 6, Block 1, B@BC (Bales Last) 4. Lot 48, Block 1, B@BC (Berghaus 1 Pinuacle) I S. Lot 49, Block 1, B@BC (Sunnyside) 6. Lot $0, Block 1, B@BC (River Rock) I 7. Lot 51, Block 1, B@1C (Timberloft) S. Lot 1. Wildwood Resorts (Mtn Star parcel) 9. Lot 4, Block 1, B eQr BC (Golden Eagle) i 10. Lot 3, Block 1, B@BC (vacant) ] 1. Lot 2, Block 1, B@BC (vacant) I 12. Lot 68, Block 11 B@BC (Pizza Hut) 13. Lot 7, Block 1, B@BC i 14. Lot 1, Block 1, A@BC 15. Tract AA, Wildwood Resort (..Mtn Star) i Dear Anne, I Per our conversations, please lot this letter serve 1 as my proposal rcga,durR the appraisal of the above-referenced proposed easements. It is my understanding that the appraisals will be I prepared for use by the Town toward der isions and far negotiations regarding acquisition of the I easements in question. I I will submit my opinions and conclusions to you in the form 01'conipicte summary appraisal reports which will be prepared utilizing accepted appraisal techniques and methodology, in conformance with the SWidards and Code of Professional Ethics of the Appraisal Institute and the requirements of the Unit6rm Standards of Professional Appraisal Practice ("USPAP"). P.03 P. 1 My fec for preparing and suhmitting, my conclusions to you in summary formats will be- 5225 Jul-21-04 03:40P Town of Avon 970 748 1958 ..- -- - • "'r a ? 116. ZI/U :J1:1-,?'/t7 per hour; not to cxceed $ i "_._ .-_ .-_ .... .-• -- , .._ . . 5,000. Any type of additional consultation, deposition. testimony, or I other court-related time required in this matter, if any, will be billed separately at the rate of ?2Z5 per hnor Otis actual expenses, if any. Please acknowledge that the report will be completed in accordance with the following: '*he appraisal assignment will not be based upon a requested minimum valIIAdon or specific valuation. Neither employtneut nor compensation arc contingent neon the reporting of . pre-determined value, a direction of the value that favors the cause of the client, the amount of the value esdinate, the attainment ofa stipulated result, or the occurrence of a subsequent event. if this proposal meets with your approval, pause provide an authoa•i&A signature and return a copy of this letter which will serve as our authorization to proceed. As you know, Y will need a copy of the project plans & specifications, and will need legal descriptions depicting the respective permanent and temporary proposed taking's, including square footages of each. As a normal course of business we may contact the respective property owners in order to I. let them know we have been enM. M to value the affected property and 2. to reccNe iuiy input regarding the casement & property that they may cage to relate. T luck Ibtward to working with you again. Please feel iiee to contact my office with anv questions you may have. Very truly yours, VALUATION CONSULTANTS, INC. SS SRA Cemfied General Appraiser G 1313752 I accepted by: -- date. P_04 P.2 TQA proposal - Juh.1 /. 2001 page 2 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engine Anne Martens, Assistant Town engineer Date: July 22, 2004 Re: Nottingham Road Improvements (I-70 to Buck Creek Road) Inter-Mountain Engineering, Ltd. Additional Engineering and Contract Administration Services Proposal Summary: Inter-Mountain Engineering, Ltd., has submitted the attached Proposal for an addendum to the engineering and contract administration services agreement to deal with field modifications and current conditions for the Nottingham Road Improvements (I-70 to Buck Creek Road). The original design was completed in 2001 and does not reflect some recent site changes and / or modification to the topography. As a reminder the Nottingham Road Improvements include reconstruction of Nottingham Road from I-70 to the Easterly entrance to Sherwood Meadows. The proposed addendum to the existing contracted services is not to exceed $4,750 without written approval. The current approved 5-Year Capital Improvements Fund Budget includes $304,000 in 2004 for construction documents and right-of-way acquisition and $2,210,000 in 2005 for construction. The cost of these services is within the current Budget. Approval of this Proposal for the addendum to engineering and contract administration services by Inter-Mountain Engineering, Ltd., for Nottingham Road Improvements (I-70 to Buck Creek Road) at a cost not to exceed $ 4,750 is recommended. Recommendations: Approve Proposal from Inter-Mountain Engineering, Ltd. for Nottingham Road Improvements (I-70 to Buck Creek Road) for addendum to engineering and contract administration services at a cost not to exceed $ 4,750. Town Manager Comments: C:ADocuments And Settings\Nwood\Local Settings\Ternporary Internet Fi1es\OLK2\Design Prpsl Merno072204.Doc Jul-22-04 10:46A Town of Avon 970 748 1958 P_03 0 LuL ? Inte»-Mountafn July 21, 2004 Ms. Anne Martens Town of Avon P.O. Box 975 Avon, CO 81620 Via: Delivery RF.: Nottingham Road Improvements - Phase 1 1-70 to Sherwood Meadows Addcndum to Engineering and Contract Administration Dear Anne: Please accept (his addendum to our proposal dated May 21, 2004 for the above project. Scope of Services iML will provide t.hc following services in addition to those outlined in the May 21, 2004 proposal: 1. Topographic survey at Bolas East trash and Lot 1 West of Pizza Hut $1,850.00 2. Prepare Ralas Tiast trash enclosure relocate plan & adjust bid schedule $1,200.00 3, Revise Irrigation Plan $700.00 4. Additional revisions to the Landscape Plan $1,000.00 5. Verify existing trees and Coordinate; Engineering & Landscape Plans N/C Fees The fee for the proposed additional services is $4,750.00 Sincerely, inter-Mountain Engineering, Ltd. Frederick E. Tobias, P.E. Town of Avon Date Aga) r'nntinantal Divide Road, Suite # 107 0 Littleton, Colorado 80127 • Phone: 303/948 6220 9 Fax: 303/0,1843b2G MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: LIBRARY DISTRICT LEASE DATE: JULY 20, 2004 As you know, I represent the Eagle Valley Library District. At your last meeting I brought to you a copy of the intergovernmental agreement between the Town and the District, including the lease for the Avon Public Library. That lease has now been signed by both entities, and I now have a favor to ask on behalf of the District. The District currently has litigation pending against it, claiming discharge for reasons discriminating against the employee and violating the ADA. In connection with my review of that litigation and the District's insurance coverage, I found that the District has a $125,000 per occurrence deductible on all claims. That is so because the District is now a participant in CRAP, the intergovernmental insurance pool maintained by counties. However, the District must participate in CAAP through Eagle County, which has a $125,000 deductible in place. In investigating alternative insurance coverage, I learned that CIRSA will admit as members governmental entities other than municipalities if those entities have entered into intergovernmental agreements with municipalities. The CIRSA staff has reviewed the agreement between the Town and the District, and CIRSA is willing to accept the District as a member so long as the Council consents. I have assurance that the District's membership will have no affect whatsoever on the cost or availability of the Town's insurance coverage. The District is also exploring membership in the Special District Association pool. However, in order to obtain quotes from CIRSA, the consent of the Council will first be required. JWD:ipse TOWN OF AVON, COLORADO RESOLUTION NO. 04-30 SERIES OF 2004 A RESOLUTION CONSENTING TO PARTICIPATION BY THE EAGLE VALLEY LIBRARY DISTRICT IN THE COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY WHEREAS, the Town of Avon ("Town") is a member of the Colorado Intergovernmental Risk Sharing Agency ("CIRSA"), a public entity self-insurance pool providing property/casualty coverage, workers' compensation coverage, or both, to its members; and WHEREAS, the Eagle Valley Library District ("District") is a public entity as said term is defined in C.R.S. Section 24-10-103(5) (other than the state, a county, a city and county, or a school district); and WHEREAS, the Town has in effect with the District an intergovernmental agreement for the provision of one or more functions, services, or facilities lawfully authorized to both the Town and the District; and WHEREAS, the District has made application for membership in CIRSA; and WHEREAS, the Town desires to consent to the District's participation in CIRSA; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Town Council hereby consents to participation by the Eagle Valley Library District in CIRSA. Section 2. A copy of this Resolution shall be forwarded to the District and to CIRSA. ADOPTED this 27th day of July, 2004. Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk ? J4 L:A I I r To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Enginee Anne Martens, Assistant Town ngineer Date: July 21, 2004 Re: Resolution No. 04 - 31, Approving the Final Plat, A Resubdivision of Lot 72, Block 4, Wildridge, Town of Avon, Eagle County, Colorado (5350 Ferret Lane) Summary: Matsen & Robb Enterprises, LLC, owner's of Lot 72, Block 4, Wildridge, has submitted a Final Plat to resubdivide Lot 72, Block 4, Wildridge, Town of Avon, Eagle County, Colorado. This is a Duplex Subdivision of a developed lot, creating Duplex lots 72 A and 72 B. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends approval of Resolution No. 04 - 31, Series of 2004, A Resolution Approving the Final Plat, a Resubdivision of Lot 72, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be approved by staff. Town Manager Comments: J CADocuments and Settings\nwood\Local Settings\Ternporary Internet Files\OLK2\L72B4WR.doc TOWN OF AVON RESOLUTION NO. 04 - 31 Series of 2004 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 72, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Phil Matsen of Matsen & Robb Enterprises, LLC has submitted a Final Plat for a Resubdivision of Lot 72, Block 4, Wildridge, Town of Avon, Eagle County, Colorado; and WHEREAS, the Final Plat has been reviewed by the Town Staff, and WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as a Final Plat. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Final Plat for A Resubdivision of Lot 72, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: The completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF , 2004. TOWN COUNCIL TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor ATTEST: Patty McKenny Town Clerk C:ADocuments and Settings\nwood\Local Settings\Temporary Internet Fi1es\0LK2\L72B4WRres0431.doc Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Town Clerk Date: June 2, 2003 Re: Polling Place Agreement - Eagle County Clerk & Recorder Summary: Teak Simonton, Eagle County Clerk & Recorder, has made a request of the Town to use the Municipal Building (Council Room) as an official polling location to serve precincts Nos. 15 & 19 for the November general election and in even-numbered years for the primary (August) & general (November) election. The Town Council has agreed in the past that the Municipal Building should serve as a polling location. The attached agreement formalizes that commitment between the Town and Eagle County Clerk & Recorder. Background: John Dunn has reviewed the agreement. Note this is not a multi-year agreement and the Town reserves the right to terminate the agreement if need be. Proposed Motion: "I move to approve the Consent Agenda" Town Manager Comments: J POLLING PLACE AGREEMENT &ZAq %,JVnA,, This agreement is e ?ered iintobyeak J. imo ton, Eagle County Clerk and Recorder and Q? agent for location is to be used as a polling place for elections being held on August 10, 2004 and Tuesday, November 2, 2004. WHEREAS, C.R.S. `1-5-101 et seq. provides that the Clerk and Recorder of each County shall designate the locations where elections are to be held; WHEREAS, Avon Municipal Building is desirous of having its locations designated as a polling place; NOW THEREFORE, in exchange for valuable consideration, the receipt of which is hereby acknowledged by the parties, it is agreed as follows: The agent agrees to allow the following described areas, including available parking areas and directly connecting passageways to be used as a polling place: Avon Municipal Building The premises are to be occupied and used primarily for election purposes from 6:00 a.m. to 8:00 p.m. or until all Election Day activities are complete. No other scheduled activities should be allowed to interfere or compete with the election process and judges' work until the entire process is complete. 2. The agent will permit access to the premises on dates and times in addition to the above mentioned date for purposes of checking the location and phone line, delivering, setting up and removal of election equipment and supplies. Arrangements between the Clerk's office and the agent will be made by mutual agreement. The agent understands the building will be posted as an polling location on or before July 29, 2004 for the Primary Election and on or before October 21, 2004 for the General Election, and that ?- as of said posting no electioneering, (including but not limited to advertising, distribution of literature, meetings or campaigning) can knowingly take place within 100 feet of the official entrance/exits of the polling location. Every effort should be made by the agent to reasonably comply. The agent is asked to notify the County Clerk immediately if electioneering activity occurs. 4. The agent will provide the premises in a clean and usable condition. The Clerk's office will leave the premises in as much the same condition as is possible at the end of the Election Day. 5. The agent will provide a minimum of 3 8 - foot tables and T chairs to be used throughout the day and ? trash receptacles. 6. The agent will provide convenient access to a telephone throughout the day. That telephone number is Id O Q - 0 0 3 5 . If unable to do so, agent will notify the Clerk immediately to make alternative arrangements. 7. The contact person for the agent is who can be reached during business hours by calling ?Rj q O ?J or during non-business hours by calling q ? q " W 60 0 8. The agent agrees to permit entry to the premises on Election Day at 6:00 a.m. according to the following arrangements: ?,Ak &,,?? aw I-- aco-wt L?, UC; 9: The agent requires the following additional conditions: The parties have executed this Agreement on the dates stated below: Teak J Simonton date Patty McKenny date Eagle County Clerk & Recorder Avon Municipal Building