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TC Council Packet 01-24-2006TOWN OF "ON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY` JANUARY 24, 2006 AvOmMUNnCxPAL BUILDING, 400 BENCHMARK ROAD Regular Council Meeting Agenda cncnn�aa MEETING BEGINS AT 5:30 PM 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OFAGENDA 3' DISCLOSURE OF POTENTIAL CONFLICT OFINTEREST 4' CITIZEN AND COMMUNITY INPUT 5' INTRODUCTION OF NEW STAFF IN COMMUNITY DEVELOPMENT DEPARTMENT (T*Mo| KATEe. COMMUNITY DEVELOPMENT DIRECTOR) G' ORDINANCES o. Public Hearing on C)njinmnms No. 00-01. Series of 2006. First Reading, An Ordinance Approving an Amendment to theVVi|dhdge Planned Unit Development for Lot 44 and Lot 45, Block 4, VVi|dhdge Subdivision, /\vOO. Eagle COUDtv. CO|o[8dO (Matt Pia|aUcker. Planner) This PUD amendment is a request to allow for three (detached) single-family residences in p|oma of two duplex structures; location is5123&512Q Long Sun Lane b. Public Hearing on Ordinance 0o. 00-02. Series Of 2006, Second Reading, An Ordinance Amending Ordinance No 05-12, Relating TOThe Chateau St. Claire Planned Unit Development (John Dunn, Town Attorney) An update on the status of this project and consideration of the ordinance on second reading o. Public Hearing on Ordinance No. 06-03. Series of 2006, First F{eadinQ, Confluence Planned Unit Development & Development Agreement (Tambi Katiab. Community Development Director & Eric Heidemann, Senior Planner) A request for amendment to the 19 acre Confluence PUD to modify the existing development rights and zoning for the entire property. This application proposes o Westin hotel, retail p|aza, high-speed public gondo|e, condnminiums, and fractional residential units. The property in located between the Eagle River and the West Town Center, accessible from Avon Road 7' � RESOLUTIONS — Resolution |�oD NO. 06-06' Series of 2006. Resolution Denying the Amendment tO the VV|d[kjge Planned Unit Development for Lot 44 & Lot 45, Block 4' VVN[kjge Subdivision, /\VOO' Eagle County, Colorado (Matt pielsticker, Planner) This PUO amendment is a request to allow for three (detached) single-family residences in place of a two duplex structures; location is5123&512Q Long Sun Lane. The resolution is provided to Council for denial of the application on first reading of the Ordinance b� R8sO|uhOO No. 06-05' Series of 2006, A Resolution Denying Preliminary Subdivision P|8D For ReSubdiViSiOO Of L0[S 44 & 45' Block 4, Wi|dhdge, Town Of Avon, Eagle County, Colorado (Norm Wood, Town Engineer) Resolution related to the PUD Amendment for Lots 44 & 45; final action on the plan should correspond with final action on the PUDAmendment c. Public Hearing on Resolution No. 06-07, Series of 2006, Resolution approving Subdivision Variance to Allow Minimum Curve F{8diUS of Less than 100 Feet and CUi-[)e-Sac E]U|b Right-of- Way Diameter Of Less than 100 Feet in the Proposed F<iverf[Ont Subdivision, l[OxvO of Avon, Eagle v C0|O[adO (Norm Wood, Town Engineer) East VVest Partners, Inc. application for the above referenced approval for the parcel nf land commonly known ao the Confluence, approximately 18.S acres; the variance application is for variances from design criteria for local streets & cul-de-sacs Avon Council Meeting. u0.u1.2* Page 2ofo TOWN OF "ON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, JANUARY 24, 2006 AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD Regular Council Meeti d� Public Hearing on Resolution No. 08-08. Series of 2006. Resolution Approving Preliminary Subdivision Plan for Riverf[O[t 8UbdiviGiOn, Town of Avon, Eagle County, Colorado (Norm Wood, Town Engineer) East West Partners, Inc. application for the above referenced approval for the parcel of land commonly known as the Confluence. approximately 18.8 acres; the preliminary plans reflect the proposed public improvements and the relationship to the development under the proposed Confluence PUDAnnendment 8. NEW BUSINESS 9. OTHER BUSINESS a. Public Hearing on The Village (at Avon) Filing 4. Proposed Preliminary Subdivision Plan and Subdivision Variance Applications (Norm Wood, Town Engineer) Traer Creek RIP LLC submitted the above referenced applications and staff has deemed them incomplete at this time; public notices were sent &a public hearing will therefore beheld 10. UNFINISHED BUSINESS 11- TOWN MANAGER REPORT 12, TOWN ATTORNEY REPORT 13. MAYOR REPORT 14. FUTURE AGENDA ITEMS Agenda For February 14, 2006: the Confluence Project, TIPs Training Requirement 15. CONSENT AGENDA 8. Minutes from January 1O,2OOO Regular Council Meeting b, Design Workshop Proposal for Transit Center Design Services (Norm Wood, Town Engineer) C. Renewal Of Hotel & Restaurant Liquor License for Bob's P|8CS LLC d/U/G Bob's P|GCe' 100 W. Beaver Creek Blvd (Patty yNcKenny. Town Clerk) d. Renewal Of REd8i| Liquor Store License for Miller's Bottle Shop d/b/@ Joe's LiqUOnS' 1000 W. Beaver Creek Blvd (Patty McKenny, Town Clerk) Avon Council Meeting. 06.01.24 Page ama L T 1.9 � LLC FART uI the VALLEY Jul C 0 L 0 R A D 0 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Matt Pielsticker, Community Development Tambi Katieb, Community Development Date: January 17, 2006 Re: First Reading of Ordinance 06-01, Ecker PUD Amendment— Lot 44 & Lot 45, Block 4, Wildridge Subdivision (5123/5129 Longsun Lane) PUBLIC HEARING Summary: The applicants, Sam Ecker and Bruce Baca, are requesting an amendment to Lots 44 and 45, Block 4 of the Wildridge PUD to permit 3 detached single-family residences. The subject properties are currently zoned to allow for a total of four (4) dwelling units, with two dwelling units assigned to each lot. The current entitlements permit the construction of either one single-family structure or one duplex structure on each property. There are currently two single-family homes constructed. Lot 44 contains 1.15 acres with a 4,900 square foot home that was constructed in 1995. Lot 45 is approximately .94 acres with a 3,200 square foot home which was built in 1992. This amendment would permanently reduce the density for the properties by one (1) dwelling unit and create a new lot for a potential third single-family residence. Vehicular access to the new proposed lot (referenced as Lot 44B) is from Wildridge Road East as opposed to using one of two existing access points on Longsun Lane. At their December 20�', 2005 meeting, the Planning and Zoning Commission unanimously recommended denial of the PUD amendment. On December 30, 2005 staff received a letter from the applicant requesting a tabling from the regularly scheduled January 10, 2006 meeting in order to give time to respond to concerns brought by the Planning Commission. This application was tabled by the Town Council at their January 10, 2006 meeting until the next regular meeting on January 24th meeting. 0 Recommendation: Staff is recommending approval of Resolution 06-02, thereby denying this application on first reading of Ordinance 06-01. Discussion: While staff agrees that the proposed development would generally be compatible with surrounding development in terms of density and construction type, it is difficult to find a benefit to the community with this zoning amendment. The Planning and Zoning Commission found this application in conflict with several Policies of the Comprehensive Plan, as outlined in the attached staff report and Resolution 05-14. In addition, this application appears to conflict with some of the mandatory PUD review criteria as set forth in the Avon Municipal Code. At their December 20, 2005 meeting, the Planning and Zoning Commission approved Resolution 05-14, recommending denial of this application. No public comment was received at the Planning and Zoning Commission Public Hearing. Attached to this memo is Resolution 05-14 forwarded to you by the Planning and Zoning Commission for review, the staff report to Planning & Zoning Commission that reviews in detail the application proposed, as well as a narrative and reduced copy of the proposed PUD Amendment provided by the applicant. Available Actions: The following options are available for action on this application: 1) Approve First Reading of Ordinance 06-01 2) Table on First Reading of Ordinance 06-01 3) Deny on First Reading of Ordinance 06-01, approving denial of the application through Resolution 06-06. Town Manager A. Ordinance 06-01 B. Resolution 06-06 C. Planning and Zoning Commission Resolution 05-14 D. Staff Report dated December 12, 2005 E. Reduced (11" x 17") Site Plan & Narrative provided by applicant F. Planning and Zoning Commission December 20, 2005 Meeting Minutes G. Applicant's request for Tabling dated December 30, 2005 • Page 2 January 24, 2006 Town Council Meeting First Reading Ordinance 06-02, Ecker PUD Amendment LOA 5, TOWN OF AVON SERIES OF 2006 WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR LOT 44 AND LOT 45, BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Sam Ecker, has applied for an amendment to the Wildridge PUD to permit three (3) single - family lots on Lots 44 and 45, Block 4, Wildridge Subdivision, as more specifically described in the application dated November 11, 2005; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on December 20, 2005, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD Amendment; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendation for denial on the PUD application to the Town Council of the Town of Avon through Resolution 05 -14; and WHEREAS, after notices provided by law, this Council held a public hearing on the day of , 2006, at which time the public was given an opportunity to express their opinions regarding the proposed PUD Development Plan; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: 1. The hearings before the Planning & Zoning Commission and the Town Council were complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. That the PUD Plan is consistent with the goals and objectives of the Town's Comprehensive Plan, and is compatible with surrounding neighborhood and the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Amendment to the Wildridge PUD to rezone Lots 44 and 45, Block 4 from two duplex structures to three (3) single - family lots (Lots 44A, 44B, and 45A) as more specifically described in the application dated November 11, 2005 is hereby approved, subject to concurrent approval of the preliminary plan subdivision and associated technical corrections. I INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this _ day of , 2006, 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, 2006, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the - day of 2006. ATTEST: Town Clerk Town of Avon, Colorado Town Council Mayor APPROVED AS TO Town Attorney IN M, m low 1 SERIES OF 2006 A RESOLUTION DENYING THE AMENDMENT TO THE WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR LOT 44 AND LOT 45, BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Samuel Ecker, has applied for an amendment to the Wildridge PUD to permit three (3) single- family lots on Lots 44 and 45, Block 4, Wildridge Subdivision, as more specifically described in the application dated November 11, 2005; and WHEREAS, HEREAS, after notices required by law, a public hearing on said application was held by the Planning & Zoning Commission and unanimously recommended denial in Resolution 05- 14 on December 20, 2005; and WHEREAS, the Planning & Zoning Commission determined that the application fails to comply with the PUD review criteria as set forth in Section 17.20.110. WHEREAS, HEREAS, said application fails to comply with the following Town of Avon Comprehensive Plan's Policies, as required by section 17.20.110h(1) of the Avon Municipal Code: 1. Policy l_3 Flexible zoning such as PUD should be encouraged where it results in more effective use of land. However, such flexible zoning will only be allowed where it provides a benefit to the community and is compatible with surrounding development. Variations from standard zoning must be clearly demonstrated, and will be permitted only as needed to achieve effective development. 2. Policy A1.6 Land for open space should be preserved throughout the community, particularly on steep slopes and other environmentally sensitive areas. 3. Policy A3.7 Steep slopes in and around the community should be designated and preserved as open space wherever possible. 4. Policy F1.2 Development shall not be allowed on steep hillside areas vulnerable to environmental and visual degradation. 5. Goal Cl. Provide for diverse, quality housing to serve all economic segments and age groups of the population. WHEREAS, this PUD Amendment fails to provide evidence of compliance with the public purpose provisions outlined in Section 17.28.085 of the Municipal Code; NOW, THEREFORE, BE IT RESOLVED, that the Avon Town Council hereby denies the amendment of the Wildridge PUD, Lots 44 & 45, Block 4, Final Plat, Replat Number Two, Wildridge Subdivision, application dated November 11, 2005 0079JOWIXF19 �� • 11• TOWN COUNCIL Mayor Town Clerk EXHIBIT C RESOLUTION NO. 05-14 A RESOLUTION RECON51ENDING DENIAL OF A PUD AMENDMENT APPLICATION AMENDING THE WILDRIDGE PUD, LOTS 44 & 45, BLOCK 4, WILDRIDGE SUBDIVISION, AS MORE SPECIFICALLY DESCRIBED IN THE APPLICATION DATED NOVEMBER 11, 2005. WHEREAS, Sam Ecker has filed an application to amend the, existing Planned Unit Development ( "PUD ") for the Wildridge PUD; and ►`1` HEREAS, the proper posting, publication and public notices for the hearings before the Planning and Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, said application fails to comply with the following Town of Avon Comprehensive Plan's Policies, as required by section 17.20.110h(1) of the Avon Municipal Code: 1. Policy A13 Flexible zoning such as PUD should be encouraged where it results in more effective use of land. However, such flexible zoning will only be allowed where it provides a benefit to the community and is compatible with surrounding development. Variations from standard zoning must be clearly demonstrated, and will be permitted only as needed to achieve effective development. 2. Policy A1.6 Land for open space should be preserved throughout the community, particularly on steep slopes and other environmentally sensitive areas. 3. Policy A33 Steep slopes in and around the community should be designated and preserved as open space wherever possible. 4. Policy F1.2 Development shall not be allowed on steep hillside areas vulnerable to environmental and visual degradation. FAPlanning & Zoning CommissioAResolutions\200ARes 05 -14 L44 &45 B4 WR Ecker PUD Amendment.doc 5. Goal Cl. Provide for diverse, quality housing to serve all economic segments and age groups of the population. WHEREAS, said application fails to comply with the following PUD review criteria set forth in Section 17.12.110 of the Avon Municipal Code, including the following: 1. The site plan, building design and location and open space provisions fail to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 17.20.110h(6). 2. Functional and aesthetic landscaping and open space are not maintained in order to optimize and preserve the natural features of the sites. 17.20.110h(8). 3. Apparent conflicts with the requirements contained within the design guidelines of the Town. 17.20.110h(2). WHERIEAS, this PUD Amendment fails to provide evidence of compliance with the public purpose provisions outlined in Section 17.28.085 of the Municipal Code, NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends denial to the Town Council for the amendment of the Wildridge PUD, Lots 44 & 45, Block 4, Final Plat, Replat Number Two, Wildridge Subdivision, application dated November 11, 2005 with the following conditions: ADOPTED THIS 20th DAY OF DECEMBER, 2005 Signed: (( �� Ay C -- Date: _ Chris Evans, Chair st Date: Phil Struve, Secretary FAPIanning & Zoning Commission\Resolutions1200ARes 05 -14 L44 &45 B4 WR Ecker PUD Amendment.doc EXHIBIT D Staff Report IF, W`�,Vmj PUD Amendment AVON C 0 L 0 R A D 5 December 20, 2005 Planning & Zoning Commission meeting Report date December 12, 2005 Project type AMENDMENT to the WILDRIDGE PUD Legal description Lot 44 & Lot 45, Block 4, Wildridge Subdivision Current zoning PUD (4 units - 2 Duplexes) Address 5123 & 5129 Longsun Lane Introduction Sam Ecker and the Baca's (Bruce and Susan) are proposing an amendment to Lot 44 and Lot 45, Block 4 of the Wildridge PUD to permit three detached single-family residences in place of two duplex structures. There are currently two single-family residences constructed. This amendment would permanently reduce the density for the properties by one dwelling unit, and a new lot would be created for the third single- family residence. Vehicular access to the new lot would be from Wildridge Road East as opposed to using one of two existing access points on Longsun Lane. The two subject properties are currently zoned to allow for two (2) duplex structures, or a total of four (4) dwelling units. The details of the proposed access, site design, and compatibility with adjacent land uses are discussed later in the report. It is important to note that this PUD application is being reviewed in conjunction with a preliminary subdivision plan. The proposed PUD amendment would create a new access, reduce the overall density by one dwelling unit, and create a new lot for the development of a single-family residence. Some of the features of the amendment include: • Proposed: Lot 44A: Existing Single-Family Residence owned by Bruce & Susan Baca Lot 45A: Existing Single-Family Residence owned by Samuel Ecker Lot 4413: Newly created lot zoned for one (1) Single-Family Residence. The Building Envelope measures approximately 15,200 square feet, or 190'x 80'. • Height Restriction on Lot 4413: 25' in the rear of the property and 35' elsewhere. • Setbacks: 25' front, 10' rear Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meeting Page 2 of 9 • Lot 44B would be accessed from Wildridge Road East. • Creation of a platted building envelope. • Vacation of Property Line, Easements, and Platted Setback Lines. Staff Recommendation Staff recommends DENIAL of the proposed PUD amendment and preliminary subdivision for the following reasons: (1) added site disturbance; (2) failure to advance or meet the Public Benefit Criteria; and (3) conflict with adopted policies of the Comprehensive Plan. This will be a Public Hearing, as required by Section 17.20.100 of the Avon Municipal Code. Background & Discussion Benchmark Properties created Wildridge Subdivision in 1979 shortly after the incorporation of the Town of Avon on February 28, 1978. According to the Wildridge Final Plat application for Wildridge and Wildwood Subdivisions, the overall development concept was for "abundant open space recreation areas around lots" with a density of "barely one dwelling unit per acre". The land was identified with no particular hazards for development except in areas with slopes of 40%. The development plan recognized that lot sizes are a function of land slope, buildable area and road access; smaller lots are concentrated on lesser slopes with easy access and larger lots are on steeper slopes where buildable area and access are more restricted. In 1981, the Wildridge Subdivision was completely replatted with a total of 849 planned development units and is the foundation of the current zoning in Wildridge. Over the years, there have been several PUD Amendments and transferring of development rights. Recently, there have been several PUD Amendments in Wildridge Block 2 and one major Amendment in Block 4 wherein development rights have been altered and replatted. The most recent Amendment in Block 4, "Western Sage", converted four properties with a combined total of eleven (11) dwelling units into eight (8) single-family home sites. One major difference with this application and past PUD Amendments that the Town has reviewed is that the subject properties are partially developed, whereas the previous Amendments were undeveloped giving them greater flexibility in lot line locations, access options, and resulting building locations. Existing Conditions Lot 44 1.15 acres with a log constructed single-family home of approximately 4,900 (including garage area) square feet in size. The home was constructed in 1995. The property drops considerably below the home down to Wildridge Road East with native sage brush vegetation. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 M Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meeting Page 3 of 9 Lot 45 Property is .94 acres and the home is constructed with predominately wood siding and totals approximately 3,200 square feet. This home was built in 1992 and the lot shares many of the same characteristics as Lot 44, with steep grades dropping from the back of the home to where it meets up with Wildridqe Road East. As with many of the neighboring properties on Longsun Lane, much of the lower portions of these two lots are covered in native sage brush and most of the grades Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 1 VR rh Lot 45 Property is .94 acres and the home is constructed with predominately wood siding and totals approximately 3,200 square feet. This home was built in 1992 and the lot shares many of the same characteristics as Lot 44, with steep grades dropping from the back of the home to where it meets up with Wildridqe Road East. As with many of the neighboring properties on Longsun Lane, much of the lower portions of these two lots are covered in native sage brush and most of the grades Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 1 Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meeting Page 4 of 9 equal or exceed 40% slope on the lower portions below the existing homes. After review of one of the original address maps for the Wildridge PUD, it appears that access from either Longsun Lane or Wildridge Road East was contemplated for both properties. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110 (h), the following shall be used as the principal criteria in evaluating a PUD Amendment application. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following design criteria, or demonstrate that one or more of them is not applicable, or that a particular development solution is consistent with the public interest. Conformance with the Town of Avon Comprehensive Plan Goals and Objectives. The fundamental reason for having a Comprehensive Plan is to communicate where and how land uses may and will occur in the Town. The land use plan is based upon these goals and polices. Implementation is through annexation, subdivision and zoning regulations. This proposed PUD Amendment satisfactorily complies with some of the policies, but fails compliance with the following goals and polices of the Town Comprehensive Plan: Policy A1.3 Flexible zoning such as PUD should be encouraged where it results in more effective use of land. However, such flexible zoning will only be allowed where it provides a benefit to the community and is compatible with surrounding development. Variations from standard zoning must be clearly demonstrated, and will be permitted only as needed to achieve effective development. The applicant states that the proposal would be beneficial to the neighborhood as a whole and compatible with the surrounding development. While staff agrees that the proposed development would generally be compatible with surrounding development in terms of density and construction type, it is difficult to find a benefit to the community with this zoning amendment. Policy A1.6 Land for open space should be preserved throughout the community, particularly on steep slopes and other environmentally sensitive areas. The Wildridge PUD created a residential subdivision that focused on the preservation of open space, and avoidance of development on steep slopes and natural drainage patterns. By maintaining the existing development rights, there is greater opportunity to create larger contiguous areas of undisturbed natural area with the potential of enhancing the existing open space in the area. Immediately south of the proposed Lot 44B is Tract L, an undeveloped 32 acre parcel of land. It may be more appropriate to Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 0 Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meeting Page 5 of 9 further develop the upper portions of Lot 44 and 45 in order to maintain larger areas of contiguous open space within Wildridge. Policy A3.7 Steep slopes in and around the community should be designated and preserved as open space wherever possible. There are significant steep slopes on the lower portions of Lot 44 and Lot 45. It appears that when the two subject lots were platted, site access was contemplated from either above (Longsun Lane) or below (Wildridge Road East), not both directions. A large portion of the subject property contains slopes in excess of 40 %. Of particular concern are the 40% slopes within the proposed building envelope. Staff believes that the steep slopes on the lower portions of Lots 44 and 45 should be preserved in their natural state. Some of the grades exceed 55 %. Policy C1.1 Maintain and enhance the character of the residential neighborhoods of the Town. Because of the diversity of housing types within the immediate area, both the proposed single- family and multifamily developments would be compatible with the character of the surrounding neighborhood. Maintaining as much open space could help maintain the natural character of Wildridge and the original intentions of the subdivision. Goal C1 Provide for diverse, quality housing to serve all economic segments and age groups of the population. The available mix of dwelling types in Wildridge has continually changed as a result of the market demand for single- family residences. Several PUD Amendments have been approved recently to provide even more single- family residences. Staff would contend that while there may be less demand currently for duplex type housing arrangements, the long term demand for housing types may shift and Wildridge was platted with a variety of dwelling types to serve a diverse housing market. Policy F1.2 Development shall not be allowed on steep hillside areas vulnerable to environmental and visual degradation. Staff contends that additional "degradation" would be experienced with the proposed development layout. 1. Conformity and compliance with the overall design theme of the town, the sub -area design recommendations and design guidelines of the Town. The application appears to conflict with some of the requirements of the Residential Design Guidelines. Specifically with respect to the site grading, retention, and disturbance required to construct an additional single - family residence and associated driveway in place of adding dwelling units onto the existing single - family residences. Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 E Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meeting Page 6 of 9 The Residential Design Guidelines state "where no development has been identified, construction shall at a minimum avoid: all drainage and utility easements, development setbacks, areas over 30% in slope, and unique and sensitive natural site features." Significant areas of site disturbance are required to access the proposed Lot (44B) in areas that are over 30% slope. This application also proposes to vacate and cross an existing sewer line easement. The logistics of vacating this easement may be difficult with the excavation required for the proposed driveway location in relation to the sewer line which runs down to Wildridge Road East. This application proposes to vacate a 20' width Utility and Drainage Easement which currently bisects the new proposed lot. The finished grading around existing development on Lot 44 and Lot 45 appears to direct drainage towards this easement. Staff does not advise the vacation of this drainage easement. 2. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. With the proposed building envelope, the architectural design or bulk of a potential home is unknown. The platted building envelope is generous in size and it appears that over half would not be considered 'Buildable Area' per the Municipal Code. The Municipal Code defines 'Buildable Area' as "the area of any site which does not contain land ... in excess of forty percent (40 %) slope." The design of the building and site would be governed by the Residential Design Review Guidelines. The applicant has stated that construction of duplex residences would have a far greater negative impact on the existing site conditions and adjoining parcels that this application would create with a separated single - family home. While this application would create an additional buffer between existing adjacent developments on Longsun lane, that should not be a basis for approval. 3. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. An additional single - family residence would be a compatible use with development and density in the area. 4. Identification and mitigation or avoidance of natural and /or geologic hazards that affect the property upon which the PUD is proposed. The application does not appear to negatively affect a known geologic hazard, and staff does not anticipate any hazards. A soils report would be required at building permit to ensure a buildable property. 5. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The site plan and location of the proposed building envelope appear far less responsive to the natural features of the existing topography, as opposed to building onto the existing single - family homes. It could be argued that the overall aesthetic Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 M Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meeting Page 7 of 9 qualities of this area of Wildridge would be negatively affected if this PUD Amendment were approved. The proposed building envelope does not respond to the excessive grades of the existing topography. The building envelope appears to be driven by the required access design which is limited. 6. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. The vehicle access proposed for Lot 44B, albeit a preliminary sketch design, would not meet town standards for a perpendicular 20' approach to a public way. In order for vehicles leaving this proposed site to view upward approaching cars from Wildridge Road East, a perpendicular access is preferred by Town staff. A perpendicular access would likely cause more site disturbance. 7. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The landscaping will be reviewed through the design process should the PUD be approved. A new single - family lot development would increase the site grading, retention, and disturbance resulting in less natural area (or open space). This may affect the aesthetic qualities that exist with current open space patterns. Connecting from the bottom of Lots 44 and 45 directly across Wildridge Road East is Tract L, which is an integral 32 acre tract of open space platted with the original Wildridge subdivision. 8. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. The PUD amendment application is predicated on approval of a preliminary subdivision plan, which has been submitted in conjunction with the application for review by Town Council. It is important to track these two processes together in order to ensure a workable, functional development. Subdivision requirements must be tied to PUD approvals. If this application was approved and the subdivision process moved forward, there would be several issues that would need to be resolved prior to a final plat submittal. 9. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. Adequate facilities are available to service the proposal and the applicant is requesting no extension to municipal services. One technical difficulty identified with this proposal is the existing sewer line which runs from the existing log home on Lot 44 and underneath the proposed driveway (Lot 44B) and required retaining wall. In order to meet the Upper Eagle River Water Authority's requirements for sewer lines, additional excavation and disturbance would likely be required to construct the proposed driveway. Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meeting Page 8 of 9 As part of the subdivision process and prior to a final plat, a sign off from all involved utility companies would be required to proceed with the proposed development. 10.That the existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. The proposal complies with capacities originally contemplated in the first Wildridge PUD approval. An additional curb cut would be required on Wildridge Road East. Staff has continually discouraged additional curb cuts wherever possible. 11. Development Standards Development standards have been submitted for the PUD Amendment and summarized within this staff report. The 25' height requirement for the rear portions of a home would be unique to this property. 12.That the PUD or amendment to PUD requested provides evidence of substantial compliance with the following public purpose provisions, as outlined in Section 17.28.085 of the Avon Municipal Code, as follows: A. The application demonstrates a public purpose which the current zoning entitlements cannot achieve. It is questionable whether this application demonstrates a public purpose which the current zoning entitlements cannot achieve. The applicant has stated that the amendment "would be a benefit for the neighborhood as a whole." While there has been a tolerance for reduced densities in the Wildridge PUD in recent years, all of the previous amendments were contemplated prior to any development on the subject lots, allowing for a greater chance to design a plan that minimizes site disturbances required. B. Approval of the zoning application provides long term economic, cultural or social community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights. Staff believes that this application directly conflicts with this approval criteria. Losing additional open space resulting from additional site disturbance could outweigh the benefits of keeping development on the upper portions of Lots 44 and 45 as currently entitled. There are no apparent economic, cultural, or social benefits anticipated if this application were approved. C. The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and cultural resources, and increasing the amount of public benefit consistent with the community master plan documents. As stated throughout the report, better siting of development could be achieved if the properties were developed as duplexes. Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meeting Page 9 of 9 Recommended Motion "I move to approve Resolution 05-14, recommending to the Town Council to deny the PUD Amendment and Preliminary Plan for Lots 44 & 45, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado, as more specifically described in the application dated November 11, 2005." If you have any questions regarding this project or any planning matter, please call me at 748-4413, or stop by the Community Development Department. Respectfully su ed, ctfu"Y su Matt Pielsti Planner I Report Attachments: A. PUD Application dated November 11, 2005 B. Resolution 05-14 Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 1201 .NT I W103841 , .. • •� • -- : - • �� • The intent of this application is to reduce the overall density on the combined area of Lots 44 & 45, Block 4, Wildridge, by amending the current configuration from two duplex lots (allowing for four units total) to three single- family residential lots. Currently there are single residences on each of Lots 44 & 45. Due to the size of these lots, and current structure locations, the construction of the additional residences to create duplex structures is possible. In fact, the owner of Lot 45 already has construction plans for such a structure, and the owner of Lot 44 has begun the same. However, the owners of these lots have decided to apply for this amendment first, as they feel it provides a far better use of the available properties. The construction of the duplex residences would have a far greater negative impact on the existing site conditions and adjoining parcels than this application would create. Because of the close proximity of the existing residences adjoining Lots 44 & 45, the new construction would greatly affect their views and privacy. The proposed homesite location is much further away from these residences, and would not impact their existing views. The proposed newly created parcel would have a building envelope which would not only restrict the residence's location, but also its height. In addition to the existing height limitations, an additional restriction of allowing it to not exceed 25' in height on the uphill side will be implemented. The proposed homesite location would be below the view plane of the existing residences on Longsun Lane and would not have a negative impact on the neighborhood. There are no restrictions on Lots 44 & 45 that would not allow construction in the proposed location. It is already a viable homesite location. The new parcel would access off of Wildridge Road East. The proposed access point is in a straight section of roadway, with clear visibility in either direction. The site naturally has a good access point which would allow for a smooth transition onto the site with minimal disturbance. The existing grades from Wildridge Road East to the homesite provide for the construction of a driveway that would at most require a 2' to 4' retaining wall along one side, and be at natural grade on the other. The grade and construction of the access drive would be well within current town guidelines. By accessing this single - family residence from Wildridge Road East, instead of the possible two duplex structures, would result in a decrease in both construction and residential traffic on Longsun Lane. The availability of access to the lot from Wildridge Road East is already an existing permitted condition. This proposal is consistent with other parcels in the neighborhood which have received approval for similar applications. There is a trend in this part of Wildridge towards more expensive, higher quality residences. Reduction of density is seen favorably by the residents. The spacing of residences this would provide is far more visually appealing than if there were duplex structures lined up for four lots in a row, with only 20' between them. This request for amendment is congruent with recent approvals, has no obvious negative impacts, and would be a benefit for the neighborhood as a whole. gy EXHIBIT F Town of Avon Planning & Zoning Commission Meeting V O K Minutes C 0 L 0 R A D 0 December 20, 2005 Joint Work Session with Avon Town Council ■ Lot C PUD Amendment The Joint Work Session began at 4:40 pm with each member of Town Council in attendance, and Commissioners Smith, Commissioner Struve, and Commissioner Green of the Avon Planning and Zoning Commission. Ruth Borne, representing Starwood, and Aleksandr Sheykhet of Obermeier Sheykhet Architecture, provided the presentation. Discussion items included: • Timeshare and room rates, and industry standards • Occupants use of commercial/retail o Lot 4 • Parking and parking approaches • Phase 1 D footprint • Property tax assessments versus square footage • Entitlements • Heights and massing on primary portions of project • Review and evaluation of proposed changes versus the original PUD 1. Call to Order The meeting was called to order at 5:50 pm. Il. Roll Call All Commissioners were in attendance with the exception of Commissioner Savage and Commissioner Buckner. Ill. Additions and Amendments to the Agenda There were no additions and amendments to the Agenda. IV. Conflicts of Interest There were no conflicts of interest to report. V. Consent Agenda: ■ Approval of the December 6, 2005, Planning & Zoning Commission Meeting Minutes has been moved to the January 3rd, 2006, Meeting due to lack of quorum at this meeting. For the record, Commissioner Green brought to the attention of the Commission his involvement with a subsidiary organization of East West Partners in order to clarify any potential conflict of interest that may arise. Commissioner Evans revealed a contract with East West Partners for the Beaver Creek Landing and the lack of potential for the upper gondola to be rolled into the Confluence project. M- VI. PUD Amendment / Confluence -.CONTINUED PUBLIC HEARING Property Location: Confluence/95 Avon Road Applicant East West Resorts /Owner. Vail Associates Description: A request for an amendment to the Confluence PUD to modify the existing development rights and zoning for the entire property. This application proposes a hotel, retail plaza, high-speed public gondola, condominiums, and fractional ownership residential units. This item is tabled until the January 3, 2006 Planning and Zoning Commission meeting. OPEN PUBLIC HEARING Eric Heidemann advised the Commission of the need to table this agenda item to the January 3rd, 2006 meeting since the applicant was unable to submit the Development Plan in time for Staff review to take place. CLOSED PUBLIC HEARING Commissioner Smith motioned to table Item VI, PUD Amendment / Confluence Property Location: Confluence/95 Avon Road, Applicant East West Resorts / Owner. Vail Associates, with Commissioner Struve seconding the motion. All commissioners were in favor and the motion passed 5 — 0. VII. PUD Amendment / Wildridge - PUBLIC HEARING Property Location: Lot 44 & 45, Block 4, Wildridge Subdivision / 5123 & 5129 Longsun Lane Applicant: Sam Ecker /Owners: Sam Ecker, Bruce & Susan Baca Description: A request for an amendment to the Wildridge PUD to allow for three (detached) single-family residences in place of a two duplex structures. This amendment would permanently reduce the density for the properties by one dwelling unit. A new lot would be created for the third single-family residence and the vehicular access to the new lot would be accessed from Wildridge Road East. Also being reviewed is a Preliminary Subdivision application. Matt Pielsticker presented the Staff Report to the Commission. Sam Ecker took his place at the podium and presented the Commission with a full size plan set for their review while he revealed the history of the project. Mr. Ecker than discussed the issues presented in the Staff Report. Commissioner Green questioned the vacation of the property line and commented that a 40% slope is discouraged but not un-allowed. Commissioner Struve commented on the Lot 44B driveway alignment to the buildable site and commented that the Dry Creek and Western Sage PUD's were to downsize triplex lots. Commissioner Green questioned access and Commissioner D'Agostino commented that a more restrictive setback lot would be created. OPEN PUBLIC HEARING There were no comments offered from the Public. CLOSED PUBLIC HEARING N Commissioner review began with Commissioner D'Agostino's concern for drainage on 3 sides, the need for clarification of setbacks, appreciated the research presented on the utilities and its easements and voiced a low concern regarding the driveway. Commissioner D'Agostino agreed with Staff that this application would set a precedent. Commissioner Smith voiced site concerns with subdivision of the lot in this manner and its site disturbance as well as driveway issues. Commissioner Struve commented on the need to limit square footage, present a drainage study, and restrict the positioning on the lot created. Commissioner Green wasn't concerned about recreating as a duplex lot, discussed drainage, and a need for serious consideration to the building envelope. Commissioner Evans expressed that a pro side was the home would benefit the adjacent property owner on Lot 44A. He continued with the con items; the homeowners on Longsun Lane chose to build on upside of lots, no reduction of density, a precedent would be set since a downzone has never been done in this manner and it is not in the best interests of Avon or Wildridge. Commissioner Evans commented to Mr. Ecker that the role Planning and Zoning Commission plays is not a final ruling or voice for Avon Town Council. He continued that Town Council is the deciding body on this project and typically not in support of rezoning. Commissioner Smith motioned to approve the denial as presented by Staff of Item VII, PUD Amendment / Wildridge, Property Location: Lot 44 & 45, Block 4, Wildridge Subdivision / 5123 & 5129 Longsun Lane, with Commissioner Struve seconding the motion. The motion passed 5 — 0 with all Commissioners in favor. V11111. Sketch Design • Duplex Property Location: Lot 10, Block 3, Wildridge Subdvision/401 0 Wildridge Road West Applicant/ Owner. Daniel Ritsch Description: The applicant is proposing a 9,400 square foot duplex residence on the subject property. The property is a relatively steep uphill lot located at the intersection of Bear Trap and Wildridge Road. The proposed materials include stone veneer, cedar siding, and asphalt shingles. Eric Heidemann presented the Staff Report. Daniel Ritsch approached the podium and gave history of the architects on this project and that retaining walls would be necessary for the driveway. Stuart Brummett came to the podium as the new architect for the project to discuss parking issues, vehicle turning radius problem, and the retaining walls. Commissioner comments began with Commissioner D'Agostino suggesting moving the house down, and the parking and turn around issues. Commissioner Evans commented that the architecture was vastly improved, suggested pines as buffers to the retaining walls, and continued review of the site. Commissioner Green commended Mr. Brummett on the positioning of the project, along with the rusting steel and the buffer was good, and questioned landscaping and the revegetation of the site. Commissioner Struve voiced appreciation for the architecture, the need to address drainage issues, the driveway and its spaces, and landscaping concerns. Commissioner Smith expressed the difficulty of the lot and that the corrugated metal siding was too much. N Commissioner D'Agostino recognized the difficulty of the lot and looked forward to the development of its detail. Mr. Brummett asked of the Commission the required number of parking spaces and Commissioner Green responded that it was fine as presented. No motion necessary as this is a sketch review. IX. Sign Design - Master Sign Program Amendment Property Location: Lot 68, Block 1, Benchmark at Beaver Creek/1 11 Swift Gulch Road ApplicantlOwner. George Roberts Description: The Master Sign Program (MSP) for the Petro-Hut building was approved on May 20, 2003. This application proposes an additional building mounted sign on the east side of the building (facing the 1-70 off ramp) and a larger monument sign. The originally approved monument sign was never constructed and this application proposes to enlarge this specific sign. Matt Pielsticker presented the Staff Report. He continued that a new tenant desired more exposure and the Conoco Corporation has a new design look to instate. Commissioner Struve expressed the need for a site visit. Commissioner Smith questioned the additional two feet to the monument sign. Commissioner Green asked for a better site plan that included landscaping. Commissioner Evans agreed that a site visit would be beneficial to the Commission. Commissioner Struve motioned to table Item IX, Sign Design - Master Sign Program Amendment, Property Location: Lot 68, Block 1, Benchmark at Beaver Creek/1 11 Swift Gulch Road, until January 3, 2005, for a site visit with the monument designation and size in place for Commissioner review. Commissioner Smith seconded the motion and the motion passed with all Commissioners in favor of the site visit. XI. Other Business A. Wildridge Park Improvements — Eric Heidemann provided the Commission with details of the improvements. B. Commissioner Green commented that three-dimensional plans and/or models should be provided for such projects as Lot C and the Main Street Plan. C. Commissioner Struve suggested a sketch up of the Town of Avon be acquired from Design Workshop Vill. Adjourn Commissioner Struve motioned to adjourn. All Commissioners were in favor. The meeting was adjourned at 8:05 pm. Respectfully submitted, Ruth Weiss Recording Secretary a Chris Evans Chairman Phil Struve Secretary IN Gore Range Surveying, LLC 12/30/05 Avon Town Council Mayor Ron Wolfe 10,400 11691VIM Re: PUD Amendment Lots 44 & 45, Block 4, Wildridge Dear Sir, At this time I would like to request a tabling of this application at the hearing on January 10, 2006 to move it to the January 24, 2006 meeting of the Avon Town Council. I am making this request so as to allow time to adequately prepare for the meeting. Due to both work and family obligations for the property owners during the holiday period between the initial meeting with the Planning Commission and the scheduled Council meeting, I have not been able to thoroughly review and respond to the comments and suggestions of the Commission. The additional time will allow for me to consult all owners and properly address these issues before the Council. Sincerely, Sam Ecker Representing the owners of Lots 44 & 45, Block 4, Wildridge RECEIVED P.O. Box 15 Avon, CO 81620 (970) 479 -8698 (970) 479 -0055 fax i' • 1 TO: TOWN COUNCIL i' RE: THE GATES DATE: January 19, 2006 Ordinance 05 -12, finally adopted December 13, 2005, approved an amendment to the Chateau St. Claire Planned Unit Development upon the application of CSC Land, LLC, the effective date thereof to be January 10, 2006, on certain conditions including 1) receipt by the Town of proof of funding of a loan by U.S. Bank in at least the amount of $36,179,397 and 2) the funding to include a completion bond running in favor of the lender. Proof of funding in the form of a copy of a deed of trust recorded in Eagle County was received prior to the Council meeting on January 10, 2006. However, such funding included a completion bond only as a condition to a future disbursement by US Bank, which disbursement is anticipated to occur in February, 2006. Therefore, the Council was unable on January 10 to make a finding, by resolution, that Ordinance 05 -12 had become effective. Council therefore adopted Ordinance No. 06 -02 on first reading on January 10. That ordinance amends Ordinance 05 -12 to make approval of the Chateau St. Claire PUD immediately effective but to prohibit any new construction until the Town receives a completion bond which has been approved by the lender. The ordinance also provides that, if that condition is not met by April 27, the ordinance and all approvals contained in it shall be no further force and effect and the building permit shall be void. At this time there has been no further contact with CSC Land or its attorney. When and if the condition is met, Council will be advised. JWD:ipse TOWN OF AVON, COLORADO ORDINANCE NO. 06 -02 Series of 2006 AN ORDINANCE AMENDING ORDINANCE NO 05 -12, RELATING TO THE CHATEAU ST. CLAIRE PLANNED UNIT DEVELOPMENT WHEREAS, Ordinance 05 -12, finally adopted December 13, 2005, approved an amendment to the Chateau St. Claire Planned Unit Development upon the application of CSC Land, LLC, the effective date thereof to be January 10, 2006, on certain conditions including 1) receipt by the Town of proof of funding of a loan by U.S. Bank in at least the amount of $36,179,397 and 2) funding to include a completion bond running in favor of the lender, U.S. Bank; and WHREAS, proof of funding in the form of a recorded mortgage or deed of trust has been received; and WHEREAS, such funding includes a completion bond only as a condition to a future disbursement by US Bank, which disbursement is anticipated to occur in February, 2006; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the amendment to the Chateau St. Claire Planned Unit Development and Ordinance 04 -20, as more specifically described in the application dated October 11, 2005, is hereby approved, subject to the following conditions: 1. The Amended and Restated Development Agreement for The Gates on Beaver Creek, the form of which is attached as Exhibit A to Ordinance No. 05 -12, which form has been approved by the Town Attorney, shall be signed and filed in the records of the Town. 2. The Employee Housing Impact Fee collected is fully dedicated to the Town irrespective of the project outcome; however, should the applicant seek an increase in density or future amendment to the PUD allowed uses, an new Impact Fee will be assessed; 3. In no event will the building permit or construction schedule be extended past December 14, 2008; and 4. No new construction shall occur under the permit until the Town is in receipt of proof of the receipt and approval by US Bank of a completion (or a payment and performance) bond covering the construction of all improvements described in the plans filed with the Town, such proof to be in the form of receipt of a copy of the bond together with a written confirmation by the Bank of its approval of it. 5. Upon failure of the condition contained in paragraph 4 hereof on or before April 27, 2006, this Ordinance and all approvals contained in it shall be of no further force and effect and the building permit shall be void. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 10th day of January, 2006, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 24th day of January, 2006, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 06 -02 the Gates Page 2 of 3 INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 24th day of January, 2006. Ronald C. Wolfe, Mayor .I Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney Ordinance No. 06 -02 the Gates Page 3 of 3 L -.ire e1iin To: Honorable Mayor and Town Council Thru: Lamy Brooks, Town Manager From: Tambi Katieb, Community Develop m irect Eric Heidemann, Senior Planner Date: January 19, 2006 Re: First Reading of Ordinance 06 -03, Riverfront Subdivision Planned Unit Development ( "PUD ") Application, Amendment to the 1998 Confluence PUD (PUBLIC FEARING) Summary: East West Partners, represented by Chuck Madison, have submitted this application to amend the Confluence Planned Unit Development ( "PUD" ). The 18.9 acre parcel is currently undeveloped and has historically been used as a surface parking lot and construction staging area. The site is bounded to the south by the Eagle River, to the east by Avon Road, to the north by the railroad right -of -way, and to the west by the Eagle River Water & Sanitation District. As proposed the project would include a Westin hotel, retail plaza, high -speed public gondola to Beaver Creek Landing, condominiums, and fractional ownership residential units. The project would occur in multiple phases based on the proposed build -out and economic modeling provided by the applicant. Features of the proposed amendment include a high speed public gondola, a circulation system that includes two at grade crossings for pedestrian and vehicular connection to the Town Core, and a linear multi purpose trail or river park that is deeded to the Town as open space. The specific land use proposal is discussed in exhaustive detail in the attached Planning & Zoning Commission reports, which also include a history of the property, and in the application narrative itself. Also included in these packets are referral agent and public comments received to date on the proposal. A physical and digital massing model of the proposal will be available at hearing. Both staff and the applicant will provide you with a summary of the application, how the application has been refined as a result of the Planning & Zoning Commission hearings over the last six months, and what the forwarded conditions of approval represent or are intended to achieve. Accompanying the PUD application are a preliminary subdivision and subdivision variance application, both of which will be separately presented and reviewed with Council by the Town Engineer. The subdivision applications will establish final lot, road and trail boundaries and locations. Both staff and the Planning & Zoning Commission have forwarded a recommendation of Conditional Approval to Town Council. Of these conditions, please note that site specific architectural design standards are proposed to be reviewed and forwarded by the Commission to Council to be incorporated into the PUD Development Plan prior to any final action on the application itself. Previous Council Action: The current PUD entitlements and existing development agreement for the Confluence were approved in 1998. At that time, Town Council considered a number of exactions and rebates on the basis of a different land use plan and proposal by Vail Resorts. This application, while working under the density vested to the property, is proposed as a significantly different PUD application that is more specifically described in the attached staff reports. Background: The application has been under review for six months at the Planning & Zoning Commission, and was preceded by several months of pre - application discussion between staff and the applicant. As a result of the deliberation and discussion between the Commission, applicant and staff, refinements have been made in the application over the original submittal in August of 2005. These refinements are reflected in the updated application binders that have been distributed to Town Council. Staff has also included a memo submitted by the Town attorney summarizing the status of financial considerations and business points under discussion for the revised development agreement. However, the final vesting and financial considerations with respect to funding for the project are subject to Council review and approval. Financial Implications: There are a number of considerations you will be asked to review as part of the revised PUD application, including the financial implications prepared by our financial consultant of a revised land use plan and a development agreement. Staff is recommending, however, that the focus of the first hearing be the land use proposal itself, and not the financial implications of the project - including the request for public partnership in construction of capital improvements. The Town manager, finance director, and Town financial consultant, Stan Bernstein, will present the financial details, economic model and review of the impacts of the land use proposal on the Town at your second meeting. Ordinance 06 -03, Westin Riverfront Resort & Spa, Amendment to the 1998 Confluence PUD Town Council January 24, 2006 Regular Meeting (PUBLIC HEARING) N Staff Recommendation: Considering the immense amount of material to review in order to better understand the proposal, it is recommended that you table the application on first reading after deliberation and discussion. Both staff and the applicant will review and summarize the land use proposal at this first reading, however we anticipate that Council will require more time to sufficiently understand the application before rendering any final action. Staff also recommends that you open the public hearing at first reading, allowing the public to comment on the proposal throughout the process, prior to tabling the application to your next regularly scheduled meeting on February 14, 2006. Town Manager Comments: Attachments: A: Ordinance 06 -03 Recommending Conditional Approval of the PUD Amendment B: Application for Amendment to the Confluence PUD submitted by East West Resorts, updated January 17, 2006 C: Planning & Zoning Commission Application Review and Background Information (inc. January 17, 2006, November 15, 2005, November 1, 2005, and October 18, 2005 staff reports and all attachments and Planning & Zoning Commission Resolution 06 -01 recommending conditional approval of the application) Ordinance 06 -03, Westin Riverfront Resort & Spa, Amendment to the 1998 Confluence PUD Town Council January 24, 2006 Regular Meeting (PUBLIC HEARING) N ORDINANCE NO. 06-03 SERIES OF 2006 AN ORDINANCE APPROVING AN AMENDMENT TO THE CONFLUENCE PLANNED UNIT DEVELOPMENT (PUD), TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, East West Partners Inc. has filed an application to amend the existing Planned Unit Development ("PUD") and Development Agreement for the Confluence PUD as more specifically described in the application dated August 8, 2005; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on October 18th, November I", November 15th, December 6t, and December 201h of 2005 and January 17th, 2006, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD Amendment; and WHEREAS, following such public hearings, the Planning & Zoning Commission forwarded its recommendation for conditional approval on the PUD amendment application to the Town Council of the Town of Avon through Resolution 06-01; and WHEREAS, after notices provided by law, this Council held a public hearing on the day of 1 2006, at which time the public was given an opportunity to express their opinions regarding the proposed PUD Development Plan; and WHEREAS, based upon the evidence, testimony, exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds said application appears to comply with the following PUD review criteria set forth in Section 17.12.110 of the Avon Municipal Code, including the following: M 1. Conformance with the Town of Avon Comprehensive Plan's and Town Center Implementation Plan Goals and Policies as required by 17.20.110H (1); 2. The overall design concept of this PUD Amendment conforms to the design theme of the Town, and Design Guidelines as required by 17.20.11 OH(2); 3. The project is compatible with the immediate scale and character of existing properties in the vicinity. 17.20.1 lOH(3); 4. This PUD Amendment application is responsive and compatible to the existing surrounding land -uses. 17.20.1 lOH (4); 5. The PUD Amendment application has identified and proposes to mitigate or avoid natural or geologic features. 17.20.11014 (5); 6. The site plan, building design and location and open space provisions are designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 17.20.110H (6); 7. The circulation system is designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. 17.20.11 OH (7); 8. This PUD Amendment application has created functional open space that is responsive to existing views and buffers to open space. 17.20.11OH(8); 9. The subdivision plan will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. 17.20.11 OH (9); 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection has been established. 17.20.11OH (10); 11. The existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. 17.20.11 OH (11); and I WHEREAS, this PUD Amendment provides evidence of compliance with the public purpose provisions outlined in Section 17.28.085 of the Municipal Code. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Amendment to the Confluence PUD to as more specifically described in the application dated August 5, 2005 is hereby approved, subject to the following conditions: 1. Required revisions to the Development Plan: A. Delete General Notes 7a, 7b, and 7c, and revise as follows: "A fifty -five (55) foot view corridor through the public plaza adjacent to the proposed hotel as presented on the development plan and the final plat for the Riverfront Subdivision shall remain unobstructed from the ground level upwards, with the exception of the gondola terminal. Minor encroachments such as awnings, landscaping, overhangs, decks and railings shall be reviewed and may be approved through the design review approval process ". B. Delete General Note #1 and revise as follows: Professional offices, including real estate offices, shall be limited to the two locations on the public plaza as depicted to the Planning and Zoning Commission January 17, 2006. A temporary timeshare sales office will be permitted in the hotel and must be vacated within thirty (30) days of issuance of Temporary Certificate of Occupancy for Building E (Lot 3). No other plaza level spaces are permitted for use by professional and general office, including financial institutions and real estate offices or residential units. C. Add the following general note: "This PUD Plan contains the development standards and uses for the Riverfront PUD. Other uses and provisions of the Town of Avon Zoning Code not specifically addressed herein, or in the related development agreement, shall apply to the Riverfront PUD." D. Add the following note: A solar access study showing the effects of shading on adjacent buildings and outdoor spaces is required for all proposed buildings exceeding 3 stories in height. Sun studies should be prepared on a site plan of a 8 scale not less than 1 " =40' showing shadows at 10 am and 3pm on March 21, June 21, September 21, and December 21. E. The maximum building height shall be as follows: i. Hotel, Timeshare and Whole Ownership- as depicted on Land Use Table of PUD Development Plan dated January 12, 2006. ii. In all instances, the maximum allowable percentage of a building ridgeline to be at or near the maximum height shall be governed by the more restrictive criteria of the Riverfront Design Standards and the Town of Avon Design Review Guidelines. F. Final approval of this PUD Development plan is conditioned upon approval of site - specific design standards ( "Riverfront Design Standards ") by the Planning and Zoning Commission and Town Council, incorporated on the PUD Development Plan and recorded at the time of approval of the PUD. The criteria, at a minimum, shall include design elements as outlined in Exhibit A to Resolution 06 -01. 2. Parking Conditions: A. Delete General Note #8 and revise as follows: "A parking management plan, generally consistent with recommendations outlined in the Walker Preliminary Parking Operations Plan dated December 5, 2005 shall be submitted and, after review and approval by the Zoning Administrator, be recorded as a covenant with by issuance of Certificate of Occupancy. The approved plan shall not be changed without notification of the Town, and shall be enforceable by the Zoning Administrator ". 3. General Conditions: A. Water Rights: The property owner shall convey to the Town the water rights necessary to serve the approved development. Final water right determination shall be resolved between the property owner and the Town prior to the recording of a Final Plat. N B. Revise General Note #10 to add the following: Additional Commercial GLFA exceeding the PUD maximum may be approved for restaurant, bars, cocktail lounges and similar uses subject to a Special Review Use. C. Revise General Note #12 to: Office space above but not on the public plaza level may be converted to Residential /Lodging uses provided the maximum number of Dwelling Units is not exceeded after such conversion. Required parking shall be recalculated after taking into account such conversion and any excess parking spaces may then be individually deeded. D. The property owner shall submit a master landscaping and public plaza design plan for Lots 1 -7, including Tract A, to be reviewed and approved by the Planning and Zoning Commission prior to issuance of the first building permit for the hotel. E. Tract "A" shall be deeded to the Town and zoned "Open Space, Landscaping and Drainage" in accordance with section 17.20.120 of the Municipal Code prior to the issuance of the first Certificate of Occupancy but no later than January 1, 2008. F. The Affordable Housing requirement shall be determined by Council if amended from the existing 10% requirement. G. The property owner shall construct the proposed Westin Hotel or equivalent, Public Plaza, and gondola as generally submitted in the August 3, 2005 application. Significant changes to the hotel brand or brand equivalent, public plaza, conceptual architectural illustrations or conveyance to the Beaver Creek Landing shall require a major amendment to the PUD. H. A revised development agreement shall incorporate and reference the approved PUD Development Plan, including all conditions of approval specified in Planning and Zoning Commission Resolution 06 -01. 1. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. I INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this _ day of , 2006, 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, 2006, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Mayor /_�IYIII�f.Yll� Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2006. ATTEST: Town Clerk Town of Avon, Colorado Town Council Mayor APPROVED AS TO Town Attorney Exhibit C Planning and Zoning Commission Background Information: Attachments: • January 17 m'20O6 Planning and Zoning Commission Staff Report; • Planning and Zoning Commission Resolution UO-01; • November 15 m ' 2005 Planning and Zoning COm0i8SiOO Staff RepOrt, exhibits, and meeting minutes; • November 1", 2005 Planning and Zoning Commission Staff Report, exhibits, and meeting minutes; • (]C[0ber 18 m . 2005 Planning and Zoning COrnrniSsioO Staff Report, exhibits, and meeting minutes; I � J� L:4 11 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Matt Pielsticker, Planne Date: January 19, 2006 Re: Resolution 06 -06, A Resolution Denying the Amendment to the Wildridge Planned Unit Development (PUD) for Lots 44 and 45, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado Summary: Staff has reviewed and prepared the attached resolution for consideration by Council. The proposed resolution is consistent with the Planning and Zoning Commission's recommendation, and staffs recommendation for denial of this PUD Amendment application. Recommendation: Approve Resolution No. 06 -06, a Resolution denying the Amendment to the Wildridge Planned Unit Development (PUD) for Lots 44 and 45, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado Proposed Motion: I move to approve Resolution No. 06 -06, a Resolution denying the Amendment to the Wildridge Planned Unit Development (PUD) for Lots 44 and 45, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado Town Manager Comments: Attachments: Exhibit A: Resolution 06 -06 F.\CounciI\MEMOS\20061Res 06 -06 L44 &45 B4 WR Ecker PUD Amend Denial.doc SERIES OF 2006 A RESOLUTION DENYING THE AMENDMENT TO THE WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR LOT 44 AND LOT 45, BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Samuel Ecker, has applied for an amendment to the Wildridge PUD to permit three (3) single - family lots on Lots 44 and 45, Block 4, Wildridge Subdivision, as more specifically described in the application dated November 11, 2005; and WHEREAS, after notices required by law, a public hearing on said application was held by the Planning & Zoning Commission and unanimously recommended denial in Resolution 05- 14 on December 20, 2005; and WHEREAS, the Planning & Zoning Commission determined that the application fails to comply with the PUD review criteria as set forth in Section 17.20.110. WHEREAS, said application fails to comply with the following Town of Avon Comprehensive Plan's Policies, as required by section 17.20.110h(1) of the Avon Municipal Code: 1. Policy A13 Flexible zoning such as PUD should be encouraged where it results in more effective use of land. However, such flexible zoning will only be allowed where it provides a benefit to the community and is compatible with surrounding development. Variations from standard zoning must be clearly demonstrated, and will be permitted only as needed to achieve effective development. 2. Policy A1.6 Land for open space should be preserved throughout the community, particularly on steep slopes and other environmentally sensitive areas. 3. Policy A3.7 Steep slopes in and around the community should be designated and preserved as open space wherever possible. 4. Policy F1.2 Development shall not be allowed on steep hillside areas vulnerable to environmental and visual degradation. 5. Goal Cl. Provide for diverse, quality housing to serve all economic segments and age groups of the population. WHEREAS, this PUD Amendment fails to provide evidence of compliance with the public purpose provisions outlined in Section 17.28.085 of the Municipal Code; NOW, THEREFORE, BE IT RESOLVED, that the Avon Town Council hereby denies the amendment of the Wildridge PUD, Lots 44 & 45, Block 4, Final Plat, Replat Number Two, Wildridge Subdivision, application dated November 11, 2005 ADOPTED THIS DAY OF JANUARY 2006. TOWN COUNCIL TOWN OF AVON, COLORADO Mayor Effiffl-W Town Clerk I N= To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Jeffrey Schneider, Engineer II Date: January 13, 2006 Re: Resolution No. 06 -05 — A Resolution Denying Preliminary Subdivision Plan for a Resubdivision of Lots 44 and 45, Block 4 Wildridge, Town of Avon, Eagle County, Colorado (5123 & 5129 Longsun Lane) (Public Hearing) Summary: Samuel Ecker and Bruce and Susan Baca have submitted an application for a Preliminary Subdivision Plan approval in conjunction with a PUD Amendment Application for Lot 44 & 45, Block 4, Wildridge (5123 & 5129 Longsun Lane). The proposed PUD Amendment would convert two duplex lots to three single - family lots. The Amendment would permanently reduce the density for the properties by one dwelling unit, and a new lot would be created for the third single - family residence. The new parcel would be accessed from Wildridge Road East as opposed to using one of two existing access points on Longsun Lane. Following a public hearing, the Planning and Zoning Commission adopted Resolution No. 05 -14 recommending denial of the proposed P.U.D. application and Preliminary Plan at their December 20, 2005 meeting. Final action on the Preliminary Plan should correspond with final action on the Proposed PUD Amendment. The proposed Preliminary Subdivision Plan Application should be considered in conjunction with final action on the proposed PUD Application. If Council approves on First Reading, Ordinance No. 06 -01, an Ordinance approving the proposed PUD amendment, we recommend Council table action on this Resolution until Second Reading of the Ordinance. If Council denies the proposed PUD Amendment by the adoption of Resolution No. 06 -06 we recommend adoption of this Resolution to deny the corresponding Preliminary Subdivision Plan. If Ordinance 06 -01 is approved on the first reading, an amended Resolution will be prepared for approval of the Preliminary Subdivision Plan. This Resolution 06 -01 is based upon the recommendation of the Planning and Zoning Commission with respect to proposed PUD Amendment and Preliminary Subdivision Plan. L \Engineering\ Subdivision \WildridgeAL44 &45B4WR Res 06 -05 Memo.Doc Discussion: The Preliminary Subdivision Plan for Lots 44 & 45, Block 4, Wildridge has been reviewed by Town staff. The following comments are noted: • Significant areas of site disturbance are required to access the proposed Lot (44B) in areas that are over 30% slope; • Staff does not advise vacation of the 20' wide Utility and Drainage Easement which currently bisects the new proposed lot; • There appears to be a conflict between the proposed driveway alignment/grading and existing sewer service for Lot 44; • Over half of the platted building envelope would not be considered `Buildable Area' per Avon Mumcpal Code since the slope exceeds 40 %; • Proposed vehicle access would not meet Town standards for a perpendicular 20' approach to a public way. A perpendicular access would cause more site disturbance. If Ordinance 06 -01 is approved, the following conditions must be met in order to gain approval of the Preliminary Subdivision Plan: • Vacation of the Utility and Drainage Easement will require written approval from all applicable utility companies; • Drainage and Easement plan will need to be submitted to address drainage from the common easements; • Access should be revised to include 20 feet perpendicular to the street; • Resolve possible sewer line and driveway conflicts prior to Final Plat; • Exclude areas of 40% or steeper slope from the proposed building envelope. Recommendation: Based on Denial of Ordinance No. 06 -01- (Approval of Resolution No. 06 -06) Approve Resolution 06 -05, Series of 2006, to Deny Preliminary Subdivision Plan approval for a Resubdivision of Lots 44 & 45, Block 4, Wildridge, Town of Avon, Eagle County, Colorado. Alternative: Based Approval of Ordinance No. 06 -01 on First Reading Table action on Resolution No. 06 -05 until Second Reading of Ordinance No. 06 -01 Proposed Motion: I move to approve Resolution No. 06 -05, Series of 2006, A Resolution Denying the Preliminary Subdivision Plan for a Resubdivision of Lots 44 & 45, Block 4, Wildridge, Town of Avon, Eagle County, Colorado. 1:AEngineering\ Subdivision \WildridgeAL44 &45B4WR Res 06-05 Merno.Doc • Page 2 Alternate Motion: I move to Table Resolution No. 06-05, Series of 2006 until Second Reading of Ordinance No. 06-01, An Ordinance Approving an Amendment to the Wildridge Planned Unit Development for Lot 44 and Lot 45, Block 4, Wildridge, Town of Avon, Eagle County, Colorado. Town Manager Comments: y1k Attachments: Exhibit I - Resolution No. 06-05 Denying Preliminary Plat Exhibit 2 - Preliminary Subdivision Plan Sheet 1:\Enginee6iig\SLtbdivision\Wildridge\L44&45B4WR Res 06-05 Merno.Doc • Page 3 r / TOWN OF AVON RESOLUTION NO. 06-05 Series of 2006 A RESOLUTION DENYING PRELIMINARY SUBDIVISION PLAN FOR A RESUBDIVISION OF LOTS 44 & 45, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Samuel Ecker and Bruce and Susan Baca have applied for a PUD Amendment and Preliminary Plan for a Resubdivision of Lots 44 & 45, Block 4, Wildridge, Town of Avon, Eagle County, Colorado; and WHEREAS, said Preliminary Subdivision Plan provides for the resubdivision of two existing duplex lots into three single family lots; and WHEREAS, said application for a PUD Amendment for Lots 44 & 45, Block 4, Wildridge was reviewed by the Planning and Zoning Commission of the Town of Avon; and WHEREAS, following a public hearing and said review of the proposed PUD Amendment, the Planning and Zoning Commission recommended Town Council denial of the proposed PUD Amendment; and WHEREAS, the Proposed Preliminary Subdivision Plan is not in conformance with the Wildridge P.U.D.; and WHEREAS, The Town Council finds that the proposed subdivision does not conform to applicable zoning regulations and the applicable considerations: (1) The Comprehensive Plan; (2) For Planned Unit Developments, the relevant Planned Unit Master Plan and the Comprehensive Plan as reflected in the approval of that Planned Unit Development; (3) Physical suitability of lots proposed for subdivision; and (4) Compatibility with surrounding land uses. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the Proposed Preliminary Subdivision Plan for a Resubdivision of Lots 44 & 45, Block 4, Wildridge, Town of Avon, Eagle County, Colorado does not comply with the Zoning and Subdivision Regulations of the Town and is hereby denied. C:\Documents And Settings\Nwood\Local Settings\Ternporary Internet Fi1es\0LK23\L4445134WR Res 06-XX Denial.Doc ADOPTED THIS DAY OF January, 2006. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk C:ADocuments And Settings \NwoodTocal Settings \Temporary Internet Fi1es \0LK23 \L4445B4WR Res 06 -XX Denial.Doc \ �i PRELIMINARY PLAN A RESUBDIVISION OF LOTS 44 & 45, BLOCK 4, WILDRIDGE ALUMINUM CAP, L& N6. r5"7 TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO "I L , f, 9 4' RAMS = 17&W DELTA IIM2'42* RAMS 17&W ARC W - V TANGENT - 16.92' DELTA - 34'19*W" CHORD - 33.89` ARC - 104.86' ORG: - S15'41r24*E TANGENT - 54.06' CHORD - 103.30' BRG - S36W46"E 4 EDGE OF ASPHALT 40AD AAREA OF QSNSAAL NOTtS', I 1� L 1, 1 , ". 1 9 - �z �� 11 DATE OFTOPOORNMY'JULY."Z. LOT 46A LOT 45A 2R THE SW PLWPMOFTM PROPOSED PLAT 18 TO SUODNIIDE LOTS "A 4S. TOOWATeUCTS"k 44B 945A AND Qy CREATE THE SEWER LDIE EASEMENTS AND 13UWM ENVELOPE AND TO VACATE THE PROPERTY UNE AM EASEMENTS AS INDICATED HEAVEDIAL 7,50' 31 LOT 46B 94AU SUSJFCT TO A HEMW FMSTRICT104OF M ABOVE EXISTING OR RNIS .W-D GRAM WHIGN$VER SERM MM9 PESIPICnVE. ON THE UPHILL WE OF THE STRUCTURE. SEWER USE 41 M07WAl ACCORDING TO COLORADO LAN YOU MUST COMMERCE ANY LEGAL ACTON BASED UPON ANY DEFECT IN ECREATED T THIS SURVEY WYtHl% THREE YEARS AFTER YOU VIAST DISCOVER SUCH DEFECT IN NO EVENT. MAY MY ACTION TO lee JU BAS45D UPON ANY DEFECT t14 THIS SURVEY SE OCQMSNC9D MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HERSM SEWERSES%Am LINE LOT 44A 0-50 ACRES SEWER M SURVEYOR'S CERTIFrATE I, SAMUEL N. ECKER, A PROFESSIONAL LAND SURVEYOR RIEMSTERED UNDER THE LAWS OF THE STATE $4.9 Or COLORADO CO HEREBY CERTIFY THAT THIS TOPOGRAPHIC MAP WAS MADE BY ME AND UNDER MY • SUPERVIS40N. AND THAT THE MAP IS ACCURATE AND CORRECT To THE BEST OF MY KNOWLEDGE. LOT 43C CLJRRE14T AK=AOr POTENTIAL STRUCTURE SAMUEL H. ECKM COLORADO P, L.S. W. 3OD9`l p gs. 01, FOR AND ON SEHALF OF GORE RANGE SURVEY4NG LLC 4 6uT, TRACT 0 BE CREAT00 ELEC TRANS RULONO ENVELOPE PROPERTY LINE MAXIMU eOLDING ME047 14 t 1 ---1 p T O G REATED M CATV PIES- .50 < S; LINE 100 4. LOT 448 s� 4; -SEWER SmWm,LNc SEWER MANHOLE UPHILL FACE —8470— OF OVHZM RADIUS 325,00' DELTA AW 5'46'20' 4 ARC - 32-74 1 LOT 448 BUILDiNG HEIGHT RESTRIC TION DETAIL 1 - — — — — — — — — — — — — — — — — — - CHORD - 32.73' WATER LINE EDGE or j I .* --- i2,%r2,t2oa� RADUS DE '72!'2r 02-067PRC I M N27*14!19'W GRAPHIC SCALE ASF44ALT ARC -4 M *LDNMENT I LOT 40 TIN YUT) FOUND, 5 PEBAR WTH AI cAp• L' N* 544' 7 (LXV%..I'm RECEIVED A, Gore Range Surveying, LLc 14 2005 PLOWL�w OF -1 DITCH MNO Na. 5 RESA$ W1H RED PLASTIC W. 'KKSNA* Commun Dqvelppnt 10, 0. L USE -Y RADIUS - DELTA - I ZWft ARC - 119.36' SEWER MANHO , StNGLE?;MM REST OENTIAL 5123 LONGSUN LANE LOT 449 LS AC. SHOLEFAMILYRESWMAL 50 MLORIDGE ROAD EASY TANGENT - $MOO' LOT45A 2 411 Ar SINGLE FAMILY RESIDENTIAL &t2SLONC,"LANEm OT 449 2,095 AC r - 119.05, ACCESS POINT MG - N31'32r00 *W — t� -w I .* --- i2,%r2,t2oa� 1w 02-067PRC I 02-067 I J� V =11 - �J To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: January 18, 2006 Re: Resolution No. 06 -07 — A Resolution Approving Subdivision Variance to Allow Minimum Curve Radius of Less Than 100 Feet and Cul -De- Sac Bulb Right -of- Way Diameter of Less Than 100 Feet in the Proposed Riverfront Subdivision, Town of Avon, Eagle County, Colorado (Public Hearing) Summary: East West Partners, Inc. has submitted an application for a Subdivision Variance and Subdivision Preliminary Plan approval for Riverfront Subdivision, a Subdivision of parcel of land commonly known as The Confluence, located in the South 1/2 of the Northwest 1/4 of Section 12, Township 5 South, Range 82 West of the 6th Principal Meridian in the Town of Avon, Eagle County, Colorado and containing approximately 18.9 acres. The property is generally bounded by the Union Pacific Railroad (UPRR) on the north, Avon Road on the east and the Eagle River on the south. The proposed subdivision creates seven developable lots ranging in size from approximately 0.20 acres to 4.39 acres, two open space tracts of approximately 5.68 acres and 0.13 acres and a road right -of -way of approximately 2.65 acres. Primary vehicle access to the subdivision will be from Avon Road via a new street, Riverfront Drive, which intersects Avon Road across from Hurd Lane, swings north to the UPPR right - of -way and then follows the railroad right -of -way to the West to a proposed at -grade railroad crossing located just to the westerly side of the Avon Fire Station on the North side of the railroad. Riverfront Drive also intersects with a proposed at -grade crossing that provides a direct link with an extension of Benchmark Court (east end of The Seasons building) and the Pedestrian Plaza to the proposed Gondola site as shown on the PUD Application. The Variance Application is for variances from design criteria for local streets and cul -de- sacs. The proposed Riverfront Drive alignment includes two curves with a centerline radius less than the 100 foot minimum for a local street as required by Section 16.40.080 of the Avon Municipal Code. The first curve requiring a variance is a 56 foot radius curve near the Avon Road intersection and the second curve is an 85 foot radius curve connecting to the western railroad crossing. The Riverfront Drive intersection with Avon Road includes major improvements at the intersection and the variance for the first curve will allow more efficient I development of the site. The location of the western at -grade railroad crossing was established by existing and anticipated development conditions across from the proposed subdivision. Consequently, the Riverfront Drive /railroad crossing was pre - established and site constraints in this area dictate the necessity for a reduced radius curve at this location. The third variance request is to reduce the minimum bulb right -of -way diameter for a cul -de- sac from 100 feet to 85 feet. The cul -de -sac is required as a contingency for the possibility that the western at -grade railroad crossing is not approved or is closed at some time in the future and Riverfront Drive becomes a dead end street (cul -de -sac). This variance has been requested due to site constraints in the area. Approval of this variance should be conditioned upon the submittal of plans providing sufficient detail to assure that a satisfactory cul -de -sac with minimum pavement diameter (72 feet) and related improvements including drainage facilities and guardrail can be constructed within the proposed cul -de -sac. (By way of comparison, cul -de -sacs in Wildridge have a right -of -way diameter of 90 feet.) Resolution No. 06 -07 (Exhibit 1) approves the requested Subdivision Variance subject to specified conditions including approval of the Confluence PUD Amendment and corresponding Final Subdivision Plat. We recommend approval of Resolution No. 06 -07, A Resolution Approving Subdivision Variance to Allow Minimum Curve Radius of Less Than 100 Feet and Cul -De -Sac Bulb Right -of -Way Diameter of Less Than 100 Feet in the Proposed Preliminary Subdivision Plan for Riverfront Subdivision, Town of Avon, Eagle County, Colorado. Note: This Variance Application should be reviewed in conjunction with the Preliminary Subdivision Plan review and should be approved prior to Preliminary Subdivision Plan approval. Discussion: Variance: (a) Upon application by a subdivider, the Town Council may, at its discretion, grant variances from some or any requirements of the subdivision regulations based upon the following criteria: 1) Whether a strict, literal application of these subdivision regulations would result in an undue hardship to the subdivider due to the purpose, size, shape location and character of the proposed subdivision; 2) Whether the provisions of the regulations from which relief is requested are not materially important, in a planning sense, to the orderly controlled development of the tract in question; 3) Whether the granting of the request might adversely affect the use of the land in the immediate area of the tract in question. I:A Engineering\ Confluence ASubdivisionAPreliminary \Variance Res 06 -07 Memo.Doc K (b) A variance granted by the Town Council may contain limitations as to time or disposition or use of the tract in question in order to ensure that the stated purpose of the variance request is realized. The Applicant has provided information and discussion in an attachment to the Variance Application (Exhibit 2) to support the stipulated criteria for approval of the Variance. Recommendation: We recommend approval of Resolution No. 06 -07, A Resolution Approving Subdivision Variance to Allow Minimum Curve Radius of Less Than 100 Feet and Cul -De- Sac Bulb Right -of -Way Diameter of Less Than 100 Feet in the Proposed Riverfront Subdivision, Town of Avon, Eagle County, Colorado. Proposed Motion: I move to approve Resolution No. 06 -07, A Resolution Approving Subdivision Variance to Allow Minimum Curve Radius of Less Than 100 Feet and Cul -De- Sac Bulb Right -of -Way Diameter of Less Than 100 Feet in the Proposed Riverfront Subdivision, Town of Avon, Eagle County, Colorado. Attachments: Exhibit 1 — Resolution No. 06 -07 Exhibit 2 - Application for Variances Town Manager Comments: I:A Engineerin ;AConfluenceASubdivision \Preliminary \Variance Res 06 -07 Memo.Doc TOWN OF AVON RESOLUTION NO. 06-07 Series of 2006 A RESOLUTION APPROVING SUBDIVISION VARIANCE TO ALLOW MINIMUM CURVE RADIUS OF LESS THAN 100 FEET AND CUL -DE- SAC BULB RIGHT -OF -WAY DIAMETER OF LESS THAN 100 FEET IN THE PROPOSED PRELIMINARY SUBDIVISION PLAN FOR RIVERFRONT SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, East West Partners, Inc. has applied for a Subdivision Variance approval to allow an decrease in road centerline curve radius for a local street from 100 feet to 56 feet for one curve, to 85 feet for a second curve and to allow a reduction in minimum cul -de -sac right- of-way diameter from 100 feet to 85 feet for Riverfront Drive as shown in the Proposed Preliminary Subdivision Plan for Riverfront Subdivision in the Town of Avon, Eagle County Colorado, in accordance with Chapter 16.44 of the Avon Municipal Code; and WHEREAS, The Preliminary Subdivision Plan and Subdivision Variance was submitted in conjunction with a proposed Confluence PUD Amendment; and WHEREAS, the proposed Preliminary Subdivision Plan, Subdivision Variance and proposed Confluence PUD Amendment have been reviewed by the Town of Avon Planning and Zoning Commission; and WHEREAS, following public hearings and extensive review of the proposed Confluence PUD Amendment, proposed Preliminary Subdivision Plan, Subdivision Variance and public input received in the course of the review and public hearings the Planning and Zoning Commission adopted Resolution No. 06 -01 recommending Town Council approval of the proposed Confluence PUD Amendment and Resolution No. 06- 02 recommending Town Council Approval of the proposed Preliminary Subdivision Plan and Variance for Riverfront Subdivision; and WHEREAS, The Town Council of the Town of Avon finds that the requested Variance complies with the following criteria: 1) A strict, literal application of the subdivision regulations would result in an undue hardship to the subdivider due to the purpose, size, shape location and character of the proposed subdivision; 2) The provisions of the regulations from which relief is requested are not materially important, in a planning sense, to the orderly controlled development of the tract in question; l:A Eigineering \ConfluenceASubdivision \Preliminary \Variance Res 06- 07.Doc 3) The granting of the request will not adversely affect the use of the land in the immediate area of the tract in question; and WHEREAS, the Town has provided public notice in accordance with Section 16.20.070 and posted notices of the time and date at which Town Council considered the variance in conjunction with the preliminary subdivision application; and WHEREAS, the Town held a public hearing at which it received evidence and testimony concerning the Variance and the Preliminary Plan, at the conclusion of which the Town Council considered such evidence and testimony. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the Proposed Subdivision Variance allowing one curve with a minimum centerline radius of 56 feet, one curve with a minimum centerline radius of 85 feet and a cul-de-sac bulb with a minimum right-of-way diameter of 85 feet is in the best interest of the public health, safety and welfare, conforms to the proposed Confluence PUD Amendment, and other applicable development laws, regulations and policies of the Town of Avon and hereby approves the same subject to the following conditions: I The Variance approval is contingent up final approval of the proposed Confluence PUD Amendment and approval and recording of a Final Subdivision Plat corresponding to the proposed Riverfront Subdivision and Confluence PUD Amendment. 2. The Variance from the minimum cul-de-sac right-of-way diameter requirements is subject to the submittal and approval of an acceptable design conforming to minimum pavement diameter and guardrail installation contained within the cul-de-sac right-of-way. ADOPTED THIS DAY OF JANUARY 2006. Patty McKenny, Town Clerk TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor 1:\Eiigineering\ConflLtence\Subdivision\Preliminary\Variance Res 06-07.Doe 2 6 APPLICATION FOR VARIANCES TOWN OF AVON SUBDIVISION REGULATIONS Name of Development: Riverfront Subdivision Location: The Confluence Site Size: 18.893 acres more or less Name and Address of Owner: The Vail Corporation P.O. Box 959 Avon, CO 81620 DEC 2 8 2005 List of Adjacent Owners and their Address: Included in Preliminary Plan Subdivision Application Provisions of Subdivision Regulations from which Variances are requested: 1. Section 16.40.080 (56'radius curve near the Avon Road intersection), 2. Section 16.40.080 (85' radius curve near the proposed Western Railroad crossing), and 3. Section 16.40.080 (85' diameter "contingent" cul -de -sac near the proposed Western railroad crossing) Background: The Applicant has the Confluence parcel (renamed "Riverfront Village ") situated between the Union Pacific ( "UP ") railroad tracks and the Eagle River under contract to be purchased from the Vail Corporation, a subsidiary of Vail Resorts. The Applicant has applied for an amendment to the site's existing Planned Unit Development ( "PUD ") and for a Subdivision of the site into several development parcels, and other improvements, including roads, a proposed linear park along the Eagle River, a public plaza, public paths and a proposed high -speed gondola. The Gondola would connect the Riverfront Village site to the Beaver Creek Landing site, and to other transportation systems (buses and ski lifts) to Beaver Creek Resort. The PUD and Subdivision applications are both being brought through the Town of Avon's approval processes, including public hearings before the Planning and Zoning Commission and the Town's Council. The Town has applied to the State of Colorado's Public Utility Commission ( "PUC ") for two at -grade railroad crossings from the Town's Western Town Center into Riverfront Village. The PUC's Administrative Law Judge ( "ALF) approved such crossings in November 2005 and the UP, which opposed such crossings, is expected to appeal the ruling. It is not known whether or not the UP will be successful on appeal. The Towns has begun to develop concept work on a new bus transit center "(Transit Center "), to be located North of the railroad tracks, adjacent to the proposed Eastern crossing. It is expected that work on the Transit Center could begin as early as 2006. The proposed at -grade crossings would connect the Town's Transit Center and Avon's Western Town Center to the Riverfront Village site, the proposed gondola and the Eagle River. The primary vehicular and/or pedestrian connections are from 1) Avon Road at Hurd Lane (across from the Burger King and Starbucks), 2) the proposed "Western" at -grade crossing (which would cross into the site between the S, Town Hall and Fire Station near Nottingham Park) and 3) the proposed "Eastern" crossing near the Seasons at Avon adjacent to the proposed Transit Center. The road is designed to achieve several planning goals. These include: 1. Safety for pedestrians, bicyclists and vehicle occupants, 2. Convenient and safe vehicular access to the development to /from Avon Road and the Western railroad crossing; Riverfront Drive connects Avon Road to the area near the Town Hall and the Town's Recreation Center. 3. Minimize potential interactions between vehicles and pedestrians/bicyclists. 4. Avoid unnecessarily disruption of the environment along the river (a previous plan proposed access to the site via a bridge over the Eagle River) by keeping the road "away" from the river. The proposed road alignment is oriented as close as possible to the tracks. 5. The proposed road alignment also permits the Applicant to better utilize the site and preserve open areas (including a proposed 75' setback from the Mean High Water Mark) along the river. As part of the Subdivision process, the Applicant is requesting three variances to the Town's Subdivision code as noted above. All three variances relate to the design of Riverfront Drive: 1. 56' radius curve near Avon Road. This variance is proposed to reduce the radius of the curve of Riverfront Drive at it turns north from the Avon Road/Hurd Lane intersection. The primary vehicular access to the site is considered to be the Avon Road/Hurd Lane intersection. The location of this intersection, as designed, is appropriate in that it is: 1) Aligned with East -bound Hurd Lane in accordance with recommendations of staff, 2) Adjacent to the Eagle River to the South (a site constraint), and 3) Allows for improvements to this intersection (at the request of the Town's planning staff) ("Staff"), including those recommended by an independent traffic engineer. These include: 1) Traffic movements are limited to right in, right out, and left in (from the South). Left -out movements will not be allowed. 2) A deceleration/turn lane is provided for right turns into the site, and 3). Improved sight distance is provided by moving and reducing the height of the retaining wall between the railroad bridge and the entrance to the site.. Near this intersection, there is proposed access for pedestrians, bicycles and emergency /maintenance vehicles to the Eagle River. Once into the site, the road turns to the right. This is the proposed 56' radius turn, and the reason for the requested variance. This curve is designed to get vehicles to the north end of the site, preserving the planning goals noted above. This turn also provides an early separation of the road from the bicycle /pedestrian path to the river, reducing risk of potential accidents. 2. 85' radius curve near the proposed Western Railroad crossing This variance is proposed to reduce the radius of the curve of the road as it approaches and turns to cross the tracks. The Western railroad crossing provides access to and from the site across the proposed at -grade crossing. This crossing is immediately to the North of the curve for which a variance is sought. This variance allows for better utilization of the site as the site is narrow from North to South at this location, and provides for a perpendicular crossing of the tracks. It should be noted that vehicles are expected to have a stop sign at this crossing. 3. Section 16.40.080 (85' diameter "contingent" cul -de -sac near the proposed Western railroad crossing) This variance is proposed to reduce the radius of the "contingent" cul -de -sac on the Western end of the site. This cul -de -sac is incorporated into the road design at the request of Town Staff. It would only be completed and used in the event the Western crossing is not approved or at some subsequent date the crossing is disallowed by the PUC. It should be noted that the proposed asphalt diameter would be 72', as required by the Town's code. Variance request -all three variances.doc 2 The creation and grading of this cul -de -sac results in some disturbance to wetlands and the creation of a large retaining wall. By increasing the size, it would result in more disturbance as well as a larger retaining wall. Both are undesirable features. Reasons for Request for Variance: We understand the criteria for Variances in Chapter 16.12 of the Town's Municipal Code regarding subdivisions are as follows: 1) "Whether a strict, literal application of these subdivision regulations would result in an undue hardship to the subdivider due to the purpose, size, shape, location and character of the proposed subdivision;" Applicant comments: The literal application of these subdivision regulations would result in an undue hardship not only to the Applicant, but to users of Riverfront Village. The site is bordered by the Eagle River to the South and the UP railroad tracks to the North. It has approximately 112 mile of river frontage, and has limited distance from North to South. Good planning principles dictate the design of the road as proposed. With the proposed variances, we believe that the Riverfront Village and its linear Riverfront Park would be safe, pedestrian - friendly, and a desirable place to own real estate and visit. Without the variances, it would not allow the development to efficiently utilize the linear nature of the property, and would increase the amount of retaining walls or wetland impacts. In that sense, it would cause an undue hardship on the Applicant, owners of property, and visitors. 2) "Whether the provisions of the regulations from which relief is requested are not materially important in a planning sense, to the orderly controlled development of the tract in question;" Applicant Comments: The provisions of the regulations are not materially important, in a planning sense, to the orderly, controlled development of Riverfront Village. For example, the design of the road and curves provide adequate access to the site for construction vehicles and others based on studies conducted by the Applicant's engineers. 3) Whether the granting of the request might adversely affect the use of the land in the immediate area of the tract in question." Applicant Comments: The granting of the request will not adversely affect the use of the land either on the Riverfront Village or on adjacent areas. To the contrary, as noted above, granting of the variances would improve experiences of users. As noted, the Eagle River, Avon Road and the railroad tracks border the site on the South, East and North, respectively. In addition, the Eagle River Water & Sanitation District borders the site to the West. We see no adverse impacts to any immediate areas. TOWN COUNCIL ACTION Received this day of 2006 By: The within request for Variances (granted, denied) this day of 2006 for the following reasons: TOWN COUNCIL OF AVON By: Mayor ATTEST: Town Clerk Variance request -all three variances.doc 3 E --aRT t- r1i e I-A 11 EY Variance RtAiew Fee: S 300.00 (.'(JL(JKAU0 V—! Applicant: East West Partners Inc. Mailing Address: R 0. Drawer 2770 Citv: Avon State: CO Zip:8162C Phone #.-- 970-845-9200 Fax #: 970-845-7205 Cell 9-: Owner of Pro Pertr Va� Corporafion Mailing Address: P 0. Box 9 5 9 City: Avon State: CO Zip: 81621 Phone #-.970-845-9200 Fax #: 970-845-7205 Cell 4: Lot: Block SubdiNision: See attached Project --Na Street Address-. Current Zoning: Deicribe the Variance Requested: .k Describe the relationship of the requested variance to other existing or potential uses and stmctures in the iticiniq: N/A to Subdivision variances .£gym y r1s, T L 4m: AM t P. 0. E 0 % 9'5 5 �r, 03, C 0 31120 19 70) ; =x`030 F ax 9 =19 -5749 it k. 112 7, C.7) psze I Of 21 a 0. veswribt tine degivt to which i,dkf from the strict or literal interlwtsmion and 4talorremetit of a sp"ine regidadon is atressary to arldeve Compatibility ood uniformity of treatment among sites in the vicinity, or attain the objectives of Title 17. 6,040 "ithoot grant of special prig ilege: NIA to Subdivision van'anc e s (7. Describe the tffivt of the requested variance on flot and air, di5tribution of population. trap portation and try, me foOlitt". Public MCIWICS and Utilities, and pUbUc safety: NIA to Sub division v an* an c es D. Any inch other factors and criteria as the Planning Commission may deem apphcable to the proposed variance: See attached for subdivision variance criteria I (we) r A iafonwWo to the Toun of Awii in ioxmcfion uidj dfis applicition a's tree awl conwt Gat I Owe) t4 ,stand the Town of Avoti rqpdatioiis applicable to this pmjeo, atW tuiderst,-uid dut into ne lere Vibiniftells Will tlekn� Ipplicaliole I etiew. Owner de`,ipuates -Xppli- , cm , it ii4clied to vt As" III all qTficatloa soboWfals, related to this 1);ect. 2c4i ') , ApplIcant: V-� (print vame): Ei(st West Partners Inc. tprint -Name): The Vail Corporation Date: 12-28-05 Date- 12-28-05 Ci=wj6ty DrvekVnimT, FO. 3Lx 975 Avm CO 916-20 (970)74-94030 Fu(MV49-5749 ijtT, 121,27 01) P37C -) of 2 � J� L_:4 I I M To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: January 18, 2006 Re: Resolution No. 06 -08— A Resolution Approving Preliminary Subdivision Plan for Riverfront Subdivision, Town of Avon, Eagle County, Colorado (Public Hearing) Summary: East West Partners, Inc. has submitted an application for a Subdivision Variance and Subdivision Preliminary Plan approval for Riverfront Subdivision, a Subdivision of parcel of land commonly known as The Confluence, located in the South 1/2 of the Northwest 1/4 of Section 12, Township 5 South, Range 82 West of the 6'h Principal Meridian in the Town of Avon, Eagle County, Colorado and containing approximately 18.9 acres. The property is generally bounded by the Union Pacific Railroad (UPRR) on the north, Avon Road on the east and the Eagle River on the south. The proposed subdivision creates seven developable lots ranging in size from approximately 0.20 acres to 4.39 acres, two open space tracts of approximately 5.68 acres and 0.13 acres and a road right -of -way of approximately 2.65 acres. The Variance Application is for variances from design criteria for local streets and cul -de -sacs and should be reviewed in conjunction with the Preliminary Subdivision Plan review but should be approved prior to Preliminary Subdivision Plan approval. Resolution No. 06 -08 (Exhibit 1) will approve the Preliminary Subdivision Plan for the Riverfront Subdivision subject to specific conditions and is recommended for approval. The recommended action on this Resolution is to Table until Second Reading of the Confluence PUD Amendment Ordinance. Discussion: The proposed Riverfront Subdivision is depicted on the enclosed drawings; Preliminary Plat Riverfront Subdivision (Exhibit 2) and Riverfront Subdivision Preliminary Plans (Exhibit 3). Exhibit 2 depicts the proposed land subdivision and Exhibit 3 shows proposed public improvements and the relationship to the development under the proposed Confluence PUD Amendment. 0 The proposed Subdivision and related facilities are generally described as: Subdivision: The proposed Riverfront Subdivision (Confluence) is for the subdivision of a parcel of land located in the South 1/2 of the Northwest 1/4, Section 12, Township 5, Range 82 West of the 6th Principal Meridian, in the Town of Avon, Eagle County, Colorado and containing approximately 18.9 acres. The property is generally bounded by the Union Pacific Railroad (UPRR) on the north, Avon Road on the east and the Eagle River on the south. The proposed subdivision creates seven developable lots ranging in size from approximately 0.20 acres to 4.39 acres, two open space tracts of approximately 5.68 acres and 0.13 acres and a road right -of -way of approximately 2.65 acres. Access: Primary vehicle access to the subdivision will be from Avon Road via a new street, Riverfront Drive, which intersects Avon Road across from Hurd Lane, swings north to the UPRR right -of -way and then follows the railroad right -of -way to the West to a proposed at -grade railroad crossing located just to the westerly side of the Avon Fire Station on the North side of the railroad. Riverfront Drive also intersects with a proposed at -grade crossing that provides a direct link with an extension of Benchmark Court (east end of The Seasons building) and the Pedestrian Plaza to the proposed Gondola site as shown on the PUD Application. Variances: The Variance Application is for variances from design criteria for local streets and cul -de -sacs. The proposed Riverfront Drive alignment includes two curves with a centerline radius less than the 100 foot minimum for a local street as required by Section 16.40.080 of the Avon Municipal Code. The first curve requiring a variance is a 56 foot radius curve near the Avon Road intersection and the second curve is an 85 foot radius curve connecting to the western railroad crossing. The Riverfront Drive intersection with Avon Road includes major improvements at the intersection and the variance for the first curve will allow more efficient development of the site. The location of the western at -grade railroad crossing was established by existing and anticipated development conditions across from the proposed subdivision. Consequently, the Riverfront Drive /railroad crossing was pre- established and site constraints in this area dictate the necessity for a reduced radius curve at this location. The third variance request is to reduce the minimum bulb right -of -way diameter for a cul -de- sac from 100 feet to 85 feet. The cul -de -sac is required as a contingency for the possibility that the western at -grade railroad crossing is not approved or is closed at some time in the future and Riverfront Drive becomes a dead end street (cul -de -sac). This variance has been requested due to site constraints in the area. Approval of this variance should be conditioned upon the submittal of plans providing sufficient detail to assure that a satisfactory cul -de -sac with minimum pavement diameter (72 feet) and related improvements including drainage facilities and guardrail can be constructed within the proposed cul -de -sac. (By way of comparison, cul -de -sacs in Wildridge have a right -of -way diameter of 90 feet.) Utilities: Utility services will be provided by the local utility companies; Holy Cross Energy, Excel Energy, Comcast, Qwest and Eagle River Water & Sanitation District. Water I:AEngineering\ Confluence ASubdivision\Preliminary \Subd Res 06-08 Memo.Doc 2 III Rights for water service will be provided by the Town of Avon through water rights currently owned by the town and additional water rights to be conveyed to the Town as required to serve the development proposed in the PUD Application. Drainage: The proposed subdivision improvements include a relatively extensive storm drainage system to convey off site Stormwater through the site to the Eagle River as well as to collect and convey on -site drainage through the site to the River. The on -site drainage system includes sand/oil separators for pollution control prior to discharge to the River. On -site Stormwater detention is not required due to the proximity to the River. All storm drainage facilities will be located in public rights -of -way or dedicated easements. Pedestrian Access & Circulation: Proposed subdivision improvements include an upgraded pedestrian connection between Town Center, Proposed Transportation Center and Pedestrian Plaza/Gondola at the eastern at -grade railroad crossing and a 10 -foot wide sidewalk/bike path at the western at -grade railroad crossing to connect the existing trail along the Eagle River to Nottingham Park and its existing trail and path system. Other pedestrian related improvements include an additional section of path from the existing trail along the Eagle River to the proposed Riverfront Drive /Avon Road intersection with a crosswalk across Avon Road to connect with the sidewalk/trail to the East along Hurd Lane. The Planning and Zoning Commission has reviewed the Preliminary Subdivision Plan and Variance Application in conjunction with the proposed Confluence PUD Amendment. Following a Public Hearing and review of the application the Planning and Zoning Commission has recommended Town Council approval of the Riverfront Subdivision Preliminary Plan and related Subdivision Variances by the adoption of Planning & Zoning Commission Resolution No. 06 -02 (Exhibit 4). Resolution No. 06 -08 approves the Preliminary Subdivision Plan for Riverfront Subdivision subject to specified conditions including: Completion of technical corrections as identified by Town Staff, including but not limited to those identified in Memorandum Re: Confluence Preliminary Plan- Second Review, dated December 20, 2005 (Exhibit 5). The Preliminary Subdivision Plan approval should be coordinated with the Confluence PUD Amendment approval. To be consistent with that process we recommend Council Review and comment on the Preliminary Subdivision Plan but action on Resolution No. 06 -08 be tabled until second reading of the Ordinance approving the Confluence PUD Amendment to assure that all actions and/or approvals are consistent. Recommendation: We recommend Resolution No. 06 -08, A Resolution Approving Preliminary Subdivision Plan for Riverfront Subdivision, Town of Avon, Eagle County, Colorado be tabled until second reading of the Ordinance Approving the proposed Confluence PUD Amendment. I:AEngiueering\ Confluence ASubdivision \Preliminary\Subd Res 06 -08 Memo.Doc 3 Proposed Motion: I move to table Resolution No. 06-08, A Resolution Approving Preliminary Subdivision Plan for Riverfront Subdivision, Town of Avon, Eagle County, Colorado. Attachments: Exhibit I — Resolution No. 06-08 Exhibit 2 - Preliminary Plat Riverfront Subdivision Exhibit 3 - Riverfront Subdivision Preliminary Plans Exhibit 4 - Planning & Zoning Commission Resolution No. 06-02 Exhibit 5 - Memorandum Re: Confluence Preliminary Plan-Second Review, dated December 20, 2005 Town Manager Comments: 1:\Ejiginee6ng\Conflueiice\Subdivision\Prelimiiiary\Subd Res 06-08 Memo.Doc N_ TOWN OF AVON RESOLUTION NO. 06 -08 Series of 2006 A RESOLUTION APPROVING PRELIMINARY SUBDIVISION PLAN FOR RIVERFRONT SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, East West Partners, Inc. has applied for Preliminary Subdivision Plan approval for Riverfront Subdivision, a subdivision of a parcel of land commonly known as The Confluence, located in the South 1/2 of the Northwest 1/4, Section 12, Township 5 South, Range 82 West of the 6th Principal Meridian, in the Town of Avon, Eagle County, Colorado and containing approximately 18.9 acres, in accordance with Chapter 16.20 of the Avon Municipal Code; and WHEREAS, The Preliminary Plan was submitted"in conjunction with a proposed Confluence PUD Amendment and Subdivision Variance application; and WHEREAS, the proposed Preliminary Subdivision Plan, Subdivision Variance and proposed Confluence PUD Amendment have been reviewed by the Town of Avon Planning and Zoning Commission; and WHEREAS, following public hearings and extensive review of the proposed Confluence PUD Amendment, proposed Preliminary Subdivision Plan, Subdivision Variance and public input received in the course of the review and public hearings the Planning and Zoning Commission adopted Resolution No. 06 -01 recommending Town Council approval of the proposed Confluence PUD Amendment and Resolution No. 06- 02 recommending Town Council Approval of the proposed Preliminary Subdivision Plan and Variance for Riverfront Subdivision; and WHEREAS, The Town has provided public notice in accordance with Section 16.20.070 and posted notices of the time and date at which Town Council considered the preliminary subdivision and variance applications; and WHEREAS, The Town held a public hearing at which it received evidence and testimony concerning the Preliminary Subdivision Plan and Subdivision Variances, at the conclusion of which the Town Council considered such evidence and testimony; and WHEREAS, said Subdivision Variance was approved by Resolution No. 06 -07; and WHEREAS, the Preliminary Subdivision Plan appears to comply with the requirements of Chapter 16.20 Preliminary Plans, of the Avon Municipal Code and in 1:A Engineering\ Confluence vSubdivisionyPreliminary \Stiibd Res 06- 08.Doc > r I I particular conformance to applicable regulations as set forth in Section 16.20.040 as follows: (1) The Comprehensive Plan; (2) For Planned Unit Developments, the relevant Planned Unit Development Master Plan and the Comprehensive Plan, as reflected in the approval of the Planned Unit Development; (3) Physical suitability of lots proposed for subdivision; and (4) Compatibility with surrounding land uses. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the Preliminary Subdivision Plan for Riverfront Subdivision as submitted in conjunction with the Confluence PUD Amendment application dated August 8, 2005, is in the best interest of the public health, safety and welfare and conforms to the Confluence PUD Amendment as approved by Ordinance No. 06 -03, Series of 2006, and other applicable development laws, regulations and policies of the Town of Avon and hereby approves the same subject to compliance with the following conditions prior to Final Subdivision Plat approval and subsequent issuance of any construction, grading or building permits: Define all Easements as required but with at least minimum dimensions a. Drainage Easement Width 20 feet b. Bike Path & Access Easement Width 20 feet C. Utility Easement Width 15 feet d. Public Plaza Easement Width 55 feet e. Public Plaza Pedestrian Access Width 20 feet f View Corridor Easement Width 55 feet 2. Public Plaza Easement and View Corridor Easement on Final Subdivision Plat shall be subject to additional descriptions and limitations as imposed by the approved PUD and Development Plan. 3. Public Improvements shall include widening of existing bike path the full length of Tract A along Eagle River, to 12 feet per ECO Trails Division request and shall include a 2 -inch thick asphalt overlay over the full width and length. 4. Additional Water Rights shall be conveyed to the Town of Avon as required by DEVELOPMENT AGREEMENT Confluence and Tract C, dated October 27, 1998 prior to Final Plat Approval and Recording. 5. The Final Subdivision Plat shall provide that Tract "A" will be deeded to the Town of Avon and zoned "Open Space, Landscaping and Drainage" (AMC 17.20.120) prior to the issuance of the first Certificate of Occupancy but no later than January 1, 2008. I:A Engineering \ConfluenceASubdivision \Preliminary \Subd Res 06- 08.Doc 2 R 6. Land Use Table on Preliminary Plan shall be revised to include only basic land use information (Lot, Lot Area and Basic Land Use, i.e., Residential, Lodging, Commercial, etc.) 7. Delete non - applicable setback lines such as those in proposed street rights -of- way. 8. Variance from cul -de -sac diameter requirements shall be subject to submittal of an acceptable design conforming to minimum pavement diameter and guardrail contained within requested cul -de -sac right -of -way variance. 9. Emergency access and fire hydrant spacing must be approved by the Eagle River Fire Protection District. 10. Approval of construction plans for all utility services including but not limited to water, sewer, electric, natural gas, phone and cable must be submitted to the Town of Avon by the appropriate entities. 11. A Subdivision Improvements Agreement must be approved by the Town of Avon concurrently with Final Plat Approval and the corresponding security must be submitted to and accepted by the Town prior to recording of the Final Subdivision Plat. 12. Completion of technical corrections as identified by Town Staff. Including but not limited to those identified in Memorandum Re: Confluence Preliminary Plan- Second Review, dated December 20, 2005. ADOPTED THIS DAY OF 2006. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk l:A Engineering \ConfluenceASubdivision \Preliminary \Subd Res 06- 08.Doc 3 1 A RESOLUTION RECOMMENDING APPROVAL OF SUBDIVISION VARIANCES AND PRELIMINARY SUBDIVISION PLAN FOR RIVERFRONT SUBDIVISION IN CONJUNCTION WITH THE CONFLUENCE PUD, AS MORE SPECIFICALLY DESCRIBED IN THE APPLICATION DATED AUGUST 8, 2005. WHEREAS, East West Partners Inc. has filed applications for Variances from the Subdivision Regulations and for Preliminary Subdivision Plan approval for Riverfront Subdivision in conjunction with an Application to amend the existing Planned Unit Development ( "PUD ") and Development Agreement for the Confluence PUD; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning and Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning and Zoning Commission of the Town of Avon held public hearings on October 18th, November 1, November 15th, December 6th, and December 20th of 2005 and January 17th, 2006, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD and Development Agreement and related Subdivision issues; and WHEREAS, following such public hearings, the Planning and Zoning Commission forwarded its recommendation for approval on the PUD amendment application to the Town Council of the Town of Avon through Resolution 06 -01; and WHEREAS, following such public hearings, the Planning and Zoning Commission forwarded its recommendation for approval of the Subdivision Variances and Preliminary Subdivision Plan to the Town Council of the Town of Avon through Resolution 06 -02; and WHEREAS, said Subdivision Variance Application appears to comply with the following criteria for the granting of a variance as set forth in Section 16.20.020 of the Avon Municipal Code: (1) Whether a strict, literal application of these subdivision regulations would result in an undue hardship to the subdivider due to the purpose, size, shape, location and character of the proposed subdivision; (2) Whether the provisions of the regulations from which relief is requested are not materially important, in a planning sense, to the orderly controlled development of the tract in question; - go (3) Whether the granting of the request might adversely affect the use of the land in the immediate area of the tract in question. ; and WHEREAS, the Preliminary Subdivision Plan appears to comply with the requirements of Chapter 16.20 Preliminary Plans, of the Avon Municipal Code and in particular conformance to. applicable regulations as set forth in Section 16.20.040 as follows: (1) The Comprehensive Plan; (2) For Planned Unit Developments, the relevant Planned Unit Development Master Plan and the Comprehensive Plan, as reflected in the approval of the Planned Unit Development; (3) Physical suitability of lots proposed for subdivision; and (4) Compatibility with surrounding land uses. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends approval to the Town Council for the Variances from the Subdivision Regulations and the Preliminary Subdivision Plan for Riverfront Subdivision as submitted in conjunction with the Confluence PUD Amendment application dated August 8, 2005 with the following conditions that must be addressed prior to Final Plat approval: Define all Easements as required but with at least minimum dimensions a. Drainage Easement Width 20 feet b. Bike Path & Access Easement Width 20 feet C. Utility Easement Width 15 feet d. Public Plaza Easement Width 55 feet e. Public Plaza Pedestrian Access Width 20 feet f. View Corridor Easement Width 55 feet 2. Public Plaza Easement and View Corridor Easement on Final Subdivision Plat shall be subject to additional descriptions and limitations as imposed by the approved PUD and Development Plan. 3. Public Improvements shall include widening of existing bike path the full length of Tract A along Eagle River, to 12 feet per ECO Trails Division request and shall include a 2 -inch thick asphalt overlay over the full width and length. 4. Additional Water Rights shall be conveyed to the Town of Avon as required by DEVELOPMENT AGREEMENT Confluence and Tract C, dated October 27, 1998 prior to Final Plat Approval and Recording. 5. The Final Subdivision Plat shall provide that Tract "A" will be deeded to the Town of Avon and zoned "Open Space, Landscaping and Drainage" (AMC 17.20.120) prior to the issuance of the first Certificate of Occupancy but no later than January 1, 2008. 6. Land Use Table on Preliminary Plan shall be revised to include only basic land use information (Lot, Lot Area and Basic Land Use, i.e., Residential, Lodging, Commercial, etc.) 8 7. Delete non - applicable setback lines such as those in proposed street rights -of -way. 8. Variance from cul -de -sac diameter requirements shall be subject submittal of an acceptable design conforming to minimum pavement diameter and guardrail contained within requested cul -de -sac right -of -way variance. 9. Emergency access and fire hydrant spacing must be approved by the Eagle River Fire Protection District. 10. Approval of construction plans for all utility services including but not limited to water, sewer, electric, natural gas, phone and cable must be submitted to the Town of Avon by the appropriate entities. 11. A Subdivision Improvements Agreement must be approved by the Town of Avon concurrently with Final Plat Approval and the corresponding security must be submitted to and accepted by the Town prior to recording of the Final Subdivision Plat. 12. Completion of technical corrections as identified by Town Staff. Including but not limited to those identified in Memorandum Re: Confluence Preliminary Plan- Second Review, dated December 20, 2005. ADOPTED THIS 17th DAY OF January, 2006 Signed: Chris Evans, Chair Attest: Date: Phil Struve, Secretary Date: 0 To: Tambi Katieb, Director of Community Development From: Norman Wood, Town Engineer Date: December 20, 2005 Re: Confluence - Preliminary Plan - Second Review COMMENTS: These comments are based on a review of Preliminary Plans dated December 9, 2005 and received December 12, 2005 submitted in conjunction with Applications dated August 4, 2005 for PUD Zoning and Preliminary Subdivision approval for The Confluence. These comments are offered for discussion and consideration purposes only. Subsequent comments and conditions will be developed as recommended conditions for approval pending response to the following: Avon Road access should include all improvements recommended in Felsburg Holt & Ullevig traffic analysis. a. Minimum length turn lane and transition b. extended median from the north for left turns on to Hurd Lane east A. Avon Road Improvements must include sidewalk equivalent to existing sidewalk and crosswalks must be continuous across entrance from Avon Road. B. Entrance width for right turns in should be reduced to a width typically consistent with a single lane entrance. C. Entrance configuration is confusing and appears to possibly create conflicting vehicle movements for Right in /Left in and Left in /Right out actions. D. Subdivision Variance will be required for proposed 56 foot curve radius on Riverfront Drive at the entrance to Avon Road. Minimum allowed curve radius is 100 feet. 2. Consider raised pedestrian crosswalk across Avon Road between Confluence and Hurd Lane (Nottingham Station) A. Pedestrian crosswalk across Avon Road on South side of entrance is recommended to provide a continuous connection from the proposed bike on the Confluence Site to the Bikepath on the East Side of Avon Road along Hurd Lane. 3. Extend Avon Road median from the south for left turns into Confluence Site A. Shown on Revised Drawings 4. Increase minimum right -of -way width of Riverfront Drive from 50 feet to 60 feet with 10 foot wide sidewalk along south side and with limited on- street parking I:A Engineering \ConfluenceASubdivision \PreIi minary\Review -2. Doc U A. Limited on- street parking has been provided and sidewalk width from Eagle River Bikepath connection to western railroad crossing is shown as 10 feet. B. Sidewalk width should be increased to 10 feet from Eagle River Bikepath connection to Eastern railroad crossing to connect with separated pedestrian crossing in event at grade crossing are eliminated. 5. Eastern railroad crossing should be designed for primary use as a pedestrian crossing and secondary use as a vehicle crossing A. Crossing intersection with Riverfront Drive and connection to railroad crossing should be upgraded to be compatible with Transit Center and Railroad Crossing Designs which are currently under development. 6. Eastern railroad crossing and surrounding area should be designed to accommodate a functional grade separated pedestrian crossing A. Shallow utilities should be relocated away from railroad R/W in vicinity of eastern crossing to allow room for possible relocation raw water line and sewer transmission line to accommodate possible separated grade pedestrian crossing. B. Storm sewer should be relocated in vicinity of eastern railroad crossing to avoid potential conflicts with possible separated pedestrian crossing. 7. Riverfront Drive should be designed with pedestrian dominant crossing from eastern railroad crossing to Pedestrian Plaza /Gondola A. Pedestrian crossing appears to be upgraded but needs to be expanded to be compatible with Transit Center /Railroad Crossing Design which are currently under development. 8. Riverfront Drive should be designed with cul -de -sac at western railroad crossing in the eventuality that railroad is reactivated and western railroad access is ordered closed A. Cul -de -Sac R/W does not appear to have full 90 foot diameter as discussed. R/W diameter of less than 100 feet will require application and approval of Variance from Subdivision Regulations. B. Proposed site development and grading plans should include all grading as required for construction of the cul -de -sac with initial road design and construction. C. Riverfront Drive Road Plans should be based on construction of cul -de- sac with alternate design for road construction without paved cul -de -sac. D. Variance from Subdivision Regulations will be required for proposed 87 foot centerline radius on Riverfront Drive at the railroad crossing. Minimum allowed radius 100 feet. 9. Flatten slopes adjacent to roads and sidewalks to at least 3:1 and preferably 4:1 for appearance and maintenance purposes A. This is shown on revised plans. 10. 'Railroad Transit" areas should be graded to match proposed street and railroad crossing grades in the area. A. This is shown on revised plans. 1:A En gin eering \ConfluenceASubdi visionTreIiminary \Review -2.Doc 2 0 11. "Railroad Transit" areas appear to be of limited value due to shape, size and encumbrances with utility and drainage facilities - consider including in Riverfront Drive right -of -way rather than creating separate parcels A. This is shown on revised plans. 12. Proposed development at western end of site encroaches into existing bikepath easement - Realigned Bikepath and Easement should include 10 -12 foot wide ADA compliant path connecting Eagle River Trail to western railroad crossing A. ECO Trails Committee has requested consideration be given to widening the existing path along the Eagle River. B. The alignment of the proposed bike relocation appears to have tighter radius curves and a less desirable alignment than currently exists. C. The proposed alignment of Bikepath connecting the Eagle River path with the path along Riverfront Drive does not appear to meet desired standards. Typically the minimum recommended centerline curve radius for a Bikepath is 36 feet. D. Dedicated easements should be provided for all bike paths including connection from existing Eagle River path to Riverfront Drive and from Eagle River path to Avon Road. 13. Western railroad crossing should be designed with 10 - 12 foot wide bicycle /pedestrian path to provide connection from path along Eagle River to Town Center and Nottingham Park A. This is shown on current plans. 14. Proposed Gondola location is in 100 year flood plain - I am not aware of any structure in the Town of Avon that has been approved in the 100 year flood plain A. Flood plain permit will be coordinated through Eagle County. B. Building Permit will require certifications with elevations to assure structure is protected from flooding. 15. Consider locating Gondola to the north, closer to, and more visible from Town Center and the eastern railroad crossing A. Gondola has been shifted to north and east and adjacent building envelope has been revised to improve visibility from railroad crossing and town core. B. Easements for View Corridor and Public Pedestrian Plaza Area should be provided. 16. Lot 3 does not have minimum 25 foot frontage on a public street and as such would require a variance - designating this as a public open space tract under Land Use should resolve this issue without affecting ownership of parcel A. We recommend that Lot 3 be designated as a Tract rather than a Lot, B. Boundary should be revised to connect with the boundary of Tract A. C. Land Use designation should be consistent an Open space Tract. 17. PUD does not appear to specify building setbacks from public right -of -way - some minimum distance may be desirable from both a residential and street maintenance aspect A. Building setback from Riverfront Drive is especially critical for site distance and safety in the vicinity of parking structure access points. I:AEngineering \Con flLlenceASubdi vision \Prel im i nary \Review -2. Doc 3 0 18. Right -in / right -out only at access from Avon Road would divert more traffic into Town Center with possible spin -off benefits A. See comments under Number I above for issues related to entrance design. 19. Proposed sewer lift station is not necessarily a desirable feature along side a heavily used bikepath and especially so if maintenance vehicle access is on the path A. Proposed location of sewer lift station appears to be in the Bikepath, Flood Plain and Wetlands. It should be relocated to an area outside all these features. 20. Storm Drain facilities in pedestrian plaza area do not appear to be accessible by maintenance vehicles or in an area compatible with required maintenance activities A. Storm Drain facilities have been relocated out of Pedestrian Plaza area. B. Relocated storm drain facilities should be moved away from building to avoid possible structure damage from leaking or overflowing storm drainage and to provide adequate space for maintenance. C. Storm Drain Facilities located on Riverfront Drive R/W line should be relocated to provide adequate space for maintenance or an access and maintenance easement should be provided. D. Access easements should be provided to sand /oil interceptors for maintenance of facilities. 21. Utilities and storm drainage facilities in the vicinity of the eastern railroad crossing should be designed to be compatible with a high capacity grade separated pedestrian crossing A. This should be addressed prior to completion of final plans. 22. Convey additional water rights to Town of Avon as required by original Development Agreement a. Maximum SFE's as defined by current UERWA and Town of Avon definitions b. Provide additional water rights as required based on current Town water rights lease to UERWA and consumption per SFE C. Conveyed water rights to be reviewed and approved by Town and UERWA for quality and sufficiency prior to conveyance A. Water Rights Report has been forwarded to Town's Water Attorney and Water Engineer for review. We will respond upon completion of their review. 23. Proposed Site Plan does not appear to address necessary delivery and loading activities A. This appears to have been addressed for most areas. 24. Landscape plans should address primary connections between Town Center, railroad crossings, pedestrian plaza area, gondola Eagle River bikepath and planned activity areas A. The Preliminary Plans are beginning to address this issue. It is important to continue working with Project landscape architect and C \Engi neeringTon fl uenceASubdi vlslonTrel lmi nary \Review -2. Doc M M the designers for the transit center and railroad crossings to assure complete compatibility. 25. All signage in public right -of -way should be allowed only with the approval by the Town as granted at its sole discretion A. Provide proposed monument size and location information for desired sign program for consideration during zoning & subdivision review & approval process. Note: Review comments are contingent upon final approval of both east and west railroad crossing per PUC Application - Failure to obtain both crossing approvals may result in substantially different comments and subsequent recommendations. L\EngineeringTonflneIICe\SUbdi Vision \Preliminary \Review -2.Doe 5 � 6 = To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From Norman Wood, Town Enginee Date: January 19, 2006 Re: The Village (at Avon) Filing 4 - Proposed Preliminary Subdivision Plan and Subdivision Variance Applications (Public Hearing) Summary: Traer Creek RP LLC submitted an application for Preliminary Subdivision Plan approval for The Village (at Avon) Filing 4 (Exhibit 1) along with a Subdivision Variance Application (Exhibit 2) on October 17, 2005. Fees were not submitted with the Application pending Staff determination of Fee amount. On October 18, 2005, the applicant was advised the Applications were considered to be incomplete and would continue to be considered as such until the breach of the Annexation and Development Agreement was cured by the opening of Swift Gulch Road to the public. Swift Gulch Road was opened to the public on November 11, 2005. December 6, 2005, the Applicant was provided a list of items to be submitted for the applications to be considered as complete (Exhibit 3). This list included payment of fees, $660.00 for the Preliminary Plan and $200.00 for the Subdivision Variance, plus self - addressed envelopes and postage for mailing hearing notices. December 8, 2005, the application documents were distributed to various agencies for review & comment with transmittal Memorandum (Exhibit 4). The self - addressed envelopes and postage for mailing notices were received on January 10, 2006 and we were advised that a check for the fees was being delivered that day. Subsequently, the Notices (Exhibit 5) were mailed and posted that day to meet the requirements for a public hearing at the January 24, 2006 Council Meeting. At this time the fees have not been paid and the Applications are considered to be incomplete. Because notices for a public hearing were mailed and posted, we recommend that a Public Hearing be opened to provide anyone attending the meeting for the purpose of providing public input on this item be allowed to do so and that no other action be taken with respect to these applications. L \Engineering\Avon VillageA5.0 Filing 4 \5.4 Preliminary Plan \Public Hearing Memo.Doc 1 When these applications are finally determined to be complete and a new Public Hearing date is established, revised Notices of Public Hearing will be mailed and posted. Recommendation: Open Public Hearing for input on proposed applications with no further action following closure of Public Hearing. Town Manager Comments: Attachments: Exhibit I - Preliminary Subdivision Plan Application Exhibit 2 - Subdivision Variance Application Exhibit 3 - Completion List Exhibit 4 - Review Agency Transmittal Memorandum Exhibit 5 - Public Hearing Notice 1:\Engineering\Avon Village\5.0 Filing 4\5.4 Preliminary Plan\Public Hearing Nlemo.Doc 2 HEART of the VALLEY C O L O R A D O Subdivision Fee: $ Development 2b0 S - /'7 Applicant: `i 9�Eg (f:gGF_A RP ;_ L "-- Mailing Address: 9Q City: \FAIL State: �j Z* \1A Phone #: -]O g49_G77& Fax #: C) 70 — MR- 19 Cell #: Owner of Property: �� 6E_�4 iii L- Mailing Address: „ City: State: i Zip: Phone #: Fax #: r u Cell #: ' Project Lot: Block: Subdivision: Project Street Address:. Tra i-s A � B Project Name, 71r_1,-e ViL u, LJ *Note: If the parcel has not previously been platted, please attach on a separate sheet a Meets & Bounds Description. Type of Subdivision: ❑ Minor Subdivision ❑ Condominium Subdivision ❑ Duplex Subdivision 1 Land Subdivision ❑ Timeshare Subdivision Type of Plat Approval Being Requested: ❑ Amended Final Plat ❑ Sketch Plan A Preliminary Plan ❑ Final Plat *Note: All subdivsions other than Minor and Duplex Subdivisions are required to receive Preliminary Plan approval prior to Final Plat. 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 Appli- cant as indicated to act as owner's rep esentative in all application submittal elated to this project. Applicant: Owner: (Print Name): PA14 ,_ (Print Name):V'1_- .j. Date:�'� 4 Zt�d Date: Community Development, P.O. Box 975 Avon, CO 81620 (970 )748 -4030 Fax (970)949 -5749 (rev. 12/27/01) Page 1 of Lot: Block: Subdivision: Project Address: Project Name:-,A_,_ y;IL, j.��Q F� t� Review Fee(s): All Applications: ❑ Four (4) sets of 24" x 36" plans ❑ Three (3) copies of the completed subdivision application form - submit separate applications for preliminary and final plats ❑ Fees Condominiums and Duplex Subdivisions: ❑ Three (3) copies of any applicable Master Declarations, Condo Declarations or Party gall Agreements Recording Requirements: ❑ Two sets of mylars and Master Declarations, Condo Declarations or PartyWall Agreements which are fully executed and signed, including recording fees. Additional Requirements: Preliminary Plat Applications - 4 Units or more: ❑ Master List of all property owners within 300 feet with adequate legal descriptions provided by a title company ❑ Original Copy of Public Hearing Notice ❑ Stamped and addressed envelopes for all property owners within 300 feet - metered mail cannot be accepted Reviewed by: ❑ Complete ❑ Incomplete Date: This checklist is used to review subdivision applications for general completeness. We strongly recommend that you contact the Community Development Department prior to submittal to discuss specific submittal requirements for your project. Due to time constraints we can only accept complete applications. Help us avoid delays by giving us clear, complete plans and applications. If you have any questions, please call us at (970) 748 -4030. Community Development, P.O. Box 975 Avon, CO 81620 (970)748 -4030 Fax (970)949 -5749 (rev. 12/27/01) Page 2 of 2 11 October 17, 2005 Mr. Norman Wood, P.E. Town Engineer P.O. Box 975 Avon, CO 81620 Re: The Village (at Avon) Filing 4 — Traer Creek Run Subdivision Variance Application - Grades Dear Mr. Wood, �r On behalf of Traer Creek RP LLC, we respectfully request the following variance: Name of Development: The Village (at Avon) Filing 4 Location: North of I70 at Wm. J. Post Boulevard Interchange Size: 101.253 acres more or less Name and Address of Owner: Traer Creek RP LLC P.O. Box 640 Vail, CO 81658 List of Adjacent Owners and their Address: Included in Preliminary Plan Subdivision Application Provisions of Subdivision Regulations from which Variance is requested: Section 16.40.080 Reasons for Request for Variance: We are requesting a variance from a maximum grade of 8% for Local Streets to a maximum of 9.5% for south facing portions of Traer Creek Run due to existing terrain conditions. The combination of the close proximity of Interstate 70 to the steeper portions of the terrain north of I70 and the road being extended (Post Boulevard) passing beneath I70, eliminates the possibility of grading Traer Creek Run at a maximum of 8 %. Contributing to the grade is the CDOT mandated location of the new roundabout at Swift Gulch Road and the associated grades across the large diameter of the roundabout. This condition forced the beginning of Traer Creek Run closer to the steep hillsides. Additionally, an access into Planning Area N has been included off of Traer Creek Run with flattening of the intersection grades to 4% further hindering the ability to obtain the 8% grade. The grades through the switchback meet Town Standards. This also contributed to the necessity of making portions of the road 9.5 %. The 9.5% also significantly reduces the amount of grading due to roadway cut slopes. TOWN COUNCIL ACTION Received this day of 2005 By: The within request for Variance (granted, denied) this day of 2005 for the following reasons: TOWN COUNCIL OF AVON By: Mayor ATTEST: Town Clerk Micha Sincerel , el J. Super, PE Cc: Erik Peterson, Dan Leary C O L O R A D O December 6th 2005 Traer Creek RP LLC Attn: Mr. Daniel Leary P.O. Box 640 Vail, CO 81658 VIA FAX (970) 748 -8900 RE: The Village at Avon Filing 4 Preliminary Plans Dear Daniel: E'r111,8/ r-.3 Post Office Box 975 400 Benchmark Road Avon, Colorado 81620 970 -748 -4000 970 -949 -9139 Fax 970 -845 -7708 77Y We have completed a preliminary review of your Preliminary Plan and Subdivision Variance application for the Village at Avon Filing 4. The following is a list of comments that should be addressed prior to finding the application complete and scheduling for public hearing: General submittal requirements 1. Please remit payment of $660.00 for the Preliminary Plan application fee and $200.000 for the Subdivision Variance fee. 2. The self- addressed envelopes submitted for the public notification requirement needs to include sufficient postage. 3. Please respond to the criteria necessary for Council review of a Preliminary Plan and Subdivision Variance per Section 16.20.040, and Section 16.12.020 of the Avon Municipal Code. 4. Please provide a letter from the Village Design Review Board (DRB) indicating their approval of the plans. 5. Please provide 15 reduced copies (11 X 17) of the Preliminary Plan (sheets 1 -10) to transmit for referrals agency comments. These reduced sets must be submitted no later than Thursday December 8`h, 2005 in order to make the January 10th Town Council Hearing date. Once staff has found your application to be complete, we will notify you of the number of copies required to be submitted for the Town Council hearing. I look forward to meeting with you to discuss these comments. Please contact me if you have any questions or need further clarification at 748 -4009. Kind R ards, Eric Heidemann, AICP Senior Planner cc: File S- NW2005 -17 Tambi Katieb, Community Development Director Norm Wood, Town Engineer E MEMORANDUM TOWN OF AVON - COMMUNITY DEVELOPMENT TO: Cliff Simonton, Senior Planner, Eagle County Planning Department John Brendza, Superintendent, Eagle County School District Ellie Caryl, Trails Program Manager, ECO Trails Dennis Gelvin, Eagle River Water and Sanitation District Carol Gill-Mulson, Deputy Chief, Eagle River Fire Protection Service Peter Kozinski, Colorado Department of Transportation (CDOT) Bill Andre, Colorado Division of Wildlife Cal Wettstein, United States Forest Service FROM: Eric Heidemann, Senior Planner [970-748-4009] DATE: December 8, 2005 SUBJECT: Preliminary Plan/Subdivision Variance transmittal for agency, and department review Case: S-NW2005-2 Village at Avon Filing 4 Request: Proposal to subdivide a portion of Planning Areas G, RMF-1, OS-5 and Residential Single Family, Village at Avon PUD, which includes creating access to a proposed 2-million gallon water tank. The request also includes a Subdivision Variance request to allow sections of public roadway grade to increase from 8% to 9.5%. The subject property measure approximately 101 -acres and is currently undeveloped. The site is located on the north side of Interstate 70. The attached information provides details of the proposed Preliminary Plan area and details of the Subdivision Variance. The request is being reviewed for a staff report to the Town Council. The Preliminary Plan and Subdivision Variance are tentatively scheduled for the January 10, 2005 Council meeting. We are sending this information to you so the applicant, and the Town Council may be advised of any requirements or recommendations your office will have on this case. Your report will be helpful in preparing a recommendation and establishing conditions for this request. Please respond in writing by January 4, 2005 with your comments on this amendment to the following: TOWN OF AVON COMMUNITY DEVELOPMENT ATTN: ERIC HEIDEMANN PO BOX 975 AVON, CO 81620 Attachments PHONE NUMBER 970-748-4009 FAX NUMBER: 970-949-5749 e-mail: eheidemann@avon.org a NOTICE OF PUBLIC HEARING TO: Whom it May Concern You are hereby notified pursuant to provisions of Section 16.20.070 and 16.44.060 of the Avon Municipal Code, that a Public Hearing on a Preliminary Subdivision Plan and Subdivision Variance will be held and considered at the meeting of the Town Council of the Town of Avon, on January 24th, 2006 at 5:30 PM in the Avon Municipal Complex, 400 Benchmark Road, Avon, Colorado, at which time and place you are hereby invited to be present and be heard. PROPERTY OWNER: APPLICANT: LEGAL DESCRIPTION OF PROPERTY: DESCRIPTION OF VARIANCE: Traer Creek RP LLC PO Box 640 Vail, CO 81658 Traer Creek RP LLC PO Box 640 Vail, CO 81658 The Village at Avon Planned Unit Development, Planning Areas G, RMF -1, OS -5 and Residential Single Family. The subject property is located immediately north of the Interstate 70 and William J. Post Boulevard interchange. The request for a Preliminary Subdivision Plan approval pursuant to Section 16.40.080 of the Avon Municipal Code to subdivide a portion of Planning Areas, Village at Avon PUD, which includes creating access to a proposed 2- million gallon water tank. The request also includes a Subdivision Variance request to allow sections of public roadway grade to increase from 8% to 9.5%. The subject property measure approximately 101 -acres and is currently undeveloped. The site is located on the north side of Interstate 70. DEADLINE: If you wish to be heard on this matter, you may appear personally or by designated agent at the public hearing on January 24, 2006, OR you may file a written statement with the Recording Secretary, Town of Avon, P.O. Box 975, Avon, Colorado 81620. In order to be considered by the Avon Town Council, such written statement must be received in the Town offices no later than 4:00 PM, Tuesday, January 24, 2006. PUBLIC REVIEW: A detailed copy of the proposed application is available in the Community Development Office for review during regular business hours by the public. Sign up to receive meeting agendas at www.avon.org. For further information, call 970.748.4030. POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON: • MAIN LOBBY, AVON MUNICIPAL COMPLEX • MAIN LOBBY, AVON RECREATION CENTER • AVON CITY MARKET, MAIN LOBBY • ALPINE BANK, MAIN LOBBY Mailed and posted on 11161"6 by lS'` ' N6 � J� ;■ I I me To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Enginee Date: January 19, 2006 Re: Design Workshop Proposal for Transit Center Design Services Summary: Design Workshop submitted the attached Proposal (Exhibit 1) for Town of Avon Transit Center Design. The Proposal is based on the services of the design team established for the original Town Center Plan including Johnson and Kunkel Engineering, LSC Transportation and Otak Architects. They have added Beaudin Ganze, mechanical/ electrical engineers and Natural Logic, LEED specialist to the team for this project. The proposal is for design services from design development through final construction bid documents and limited construction observation services. The proposed design is based on the Schematic Design as previously with detail modifications to be resolved prior to final plan preparation. The design will be for the complete transportation center project. The proposed completion schedule for this work is: Design Development (60% Complete) March 14, 2006 Construction Documentation & Specifications (95% Complete) Apri125, 2006 Full Bid Documents (100% Complete) May 11, 2006 This schedule is compatible with advertising for bids in May, awarding a construction contract in June 2006 with construction beginning in July 2006. This is also consistent with required notice of construction that was given to the owners of Lot 61. The proposed fee for these services is $99,121.50 plus reimbursable expenses such as telephone calls, meals, lodging and travel at actual cost plus 15 %. These costs are broken in Exhibit 2 as: Design Development $ 38,205.00 Construction Documents 40,087.50 Bidding/Negotiation 4,151.00 Construction Observation 16,678.00 Total Cost for Services $ 99,121.50 I:\Enginee6iig \CIP \Transportation Center\2.0 Contract Services\2.3 Design Arch \Design Workshop Prop 2 Memo.Doc I We recommend approval of the Design Workshop, Inc. Proposal dated January 16, 2006, for Design Services from Design Development through Construction Observation for the Town of Avon Transit Center in an amount not to exceed $99,121.50 plus reimbursable expenses subject to compliance with the recommendations of the Town Attorney and with Construction Observation Services to be subject to authorization by Town Staff on an as- needed basis. Financial Implications: The proposed design fee is within the current project budget. Recommendation: Approve the Design Workshop, Inc. Proposal for Design Services from Design Development through Construction Observation dated January 16, 2006, for Town of Avon Transit Center in an amount not to exceed $99,121.50 plus reimbursable expenses subject to compliance with the recommendations of the Town Attorney and with Construction Observation Services to be subject to authorization by Town Staff on an as- needed basis. Proposed Motion: I move to approve the Design Workshop, Inc. Proposal for Design Services from Design Development through Construction Observation dated January 16, 2006, for the Town of Avon Transit Center in an amount not to exceed $99,121.50 plus reimbursable expenses subject to compliance with the recommendations of the Town Attorney and with Construction Observation Services to be subject to authorization by Town Staff on an as- needed basis. Town Manager Comments: Attachments: Exhibit 1: Design Workshop, Inc. Proposal for Town of Avon Transit Center Design Exhibit 2 Design Cost Breakdown by Task I:AEngineering \CIP \Transportation Center\2.0 Contract Services\2.3 Design Arch \Design Workshop Prop 2 Memo.Doc* Page 2 IPA kwlkfl_ January 16, 2005 Mr. Norman Wood, PE 400 Benchmark Road Box 975 Avon, CO 81620 Re: Town of Avon Transit Center Design Dear Norman: Thank you for allowing Design Workshop, Inc. the opportunity to submit a proposal for the Town of Avon Transit Center project. This project is the first of many capital improvements from the Avon Town Center West Plan that will forever change the footprint of the Town Center West area. We are looking forward to making the Town's vision a reality, one step at a time. Design Workshop has retained the original Town Center West and Main Street Public Improvements Team with Johnson and Kunkel Engineering, LSC Transportation and Otak Architects. We have also included Beadin Ganze Engineers (m.e.p. engineering). Our professional experience will provide the town with a well crafted, long lasting transit center for the Town Center West area. Our proposed work program, outlined in this proposal, is based on the preferred alternative plan at Schematic Design, which was presented to Council in January 2006. Understanding how the proposed transit center fits within the larger vision of Avon Town Center West is necessary to create a long - lasting outcome that will not need to be modified or reconstructed. Our scope of service includes the detailed design and engineering for the entire transit center area described in the Avon Town Center West charrette preferred alternative. The future users of the proposed Town of Avon Transit Center will include Avon Transit, Beaver Creek Resort Transit and Eco- Transit. Our recommendation is to develop a partnership with these entities in order to share the costs associated with the design and/or construction of the proposed facilities. Each transit authority will greatly benefit from a properly designed facility. By developing a partnership, each of the transit authorities will also have the opportunity to offer specific ideas that may need considered (Real Time Information systems, GPS, etc) for the functional success of the transit center. In our previous conversations, we have discussed the opportunity for the Town of Avon to not only create a new placemaking and community environment in the Town Center West area, but to also create a "green footprint ". Avon truly could be at the forefront of sustainable development by a municipality in the Rocky Mountains. The Avon Transit Center could be a model project by incorporating environmental aspects such as solar power lighting, passive solar architecture, indigenous planting design, etc. We are excited to further design, engineer and help implement the first of many pieces of the Town Center West and Main Street Public Improvements. The Transit Center will become a financial investment for the Town that has great economic and social capital return. Thank you again for the opportunity to submit this proposal. Should you have any questions please do not hesitate to contact Steven Spears or myself at 970- 925 -8354. We look forward to hearing from you. Sincerely, DESIGN WORKSHOP, INC t Don Ensign, ASLA Principal -In- Charge z ( t Steven Spears, ASLA Project Manager I PROJECT MANAGEMENT AND TEAM COORDINATION Steven Spears of Design Workshop will coordinate the plans and specifications together from all other disciplines for all submittals. Design Workshop will provide overall project management and will be the direct contract for all consultants on the team and for the Town of Avon. Plans and other input will be coordinated with Otak (architecture), JKA (structural and civil engineering), BGCE (mechanical electrical plumbing) and LSC (traffic and transportation). Design Workshop will also provide landscape architecture and wayfinding /signage design. SCHEDULE The Design Workshop team is sensitive to project scheduling needs, particularly in the current climate of construction fund competitiveness with the level of work being implemented in the Eagle River Valley. Our team is able to meet the agreed schedule, which is listed below: Design Development (60% Design Submittal): January 24, 2006 through March 14, 2006 Construction Documentation and Specifications (95% Design Submittal): March 14, 2006 through April 25, 2006 Full Bid Documents (100% Design Submittal): April 25, 2006 though May 11, 2006 THE DESIGN PROCESS The following scope identifies the primary responsibility of the design team at each phase in order to ensure that the Avon Transit Center enters into construction in the Summer of 2006. The scope of service is based on the schematic design alternatives presented to Council in January 2006 and additional comments that the design team have received from Council and Staff during the Schematic Design process. Task One: Design Development (60% Design Submittal) Design development includes drawings, plans, sections, details special provisions, and supplemental technical specifications for the Avon Transit Center. During this process, the design team will coordinate efforts internally and with the Town Staff and Avon/Eco Transit. It will also include a narrative discussion on the course of the design work including documentation on decisions made, decisions needed on outstanding issues, and recommendations to resolve those issues. ESAL calculations will also be determined. Drawings will have incorporated review comments where applicable. The design development package will include: Demolition Plan Materials Plans Grading Plans I J Drainage Plans 1 Planting Plans Irrigation Plans I I Wayfinding and Signage Plan Lighting Plans MEP Plans (electrical, solar panel, snowmelt, wiring for Real Time Information, wireless internet) I Utility Plans Erosion Control Plans Architectural Plans -1 Architectural Elevations /Cross Sections l Structural Plans (framing plan, foundation plan, etc) CI Bus Pavement Design I Details and Cross Sections Notes and Specifications I Design development drawings will not provided the technical level of information for construction. The drawings should be used only for coordination, resolving outstanding issues and preliminary pricing. Task Two: Construction Documents and Specifications (95% Submittal) Construction Documents and Specifications include all drawings, special provisions, technical specifications, and updated cost estimate. Only items of minor significance will remain to be completed. All submittal documents will have incorporated or resolved 60 percent and other informal review comments. Proposed bid items and quantities will be submitted along with the final estimate, formatted to agree with the bid items. Construction Documentation and Specifications include: Demolition Plan I' Materials Plans 1 -1 Grading Plans 11 Drainage Plans 1 " -1 Planting Plans Irrigation Plans ❑ Wayfinding and Signage Plan 1 Lighting Plans C : MEP Plans (electrical, solar panel, snowmelt, wiring for Real Time Information, wireless internet) 1- Utility Plans ❑ Erosion Control Plans 1 Architectural Plans ❑ Architectural Elevations /Cross Sections 1 Structural Plans (framing plan, foundation plan, etc) Bus Pavement Design L 1 Details and Cross Sections 1 ] Construction Specifications I__ I Estimate of Probable Costs Task Three: Full Bid Documents and Specifications (100% Submittal) This submittal will include the original and electronic file version of all of the contract documents, including the bid item list and the final engineer's cost estimate, ready for bidding the work. Submittal items will be stamped and sealed as appropriate. Drawing check prints, along with sealed original calculations, and cost estimating backup information shall also be provided. Task Four: Bidding and Negotiation The Design Workshop team will assist the Town of Avon with bid support services necessary to bid and award the construction contract. These services will include responding to bidder's questions and updating drawings and specifications during the bid phase. Other services will include: review of the bid documents 1 1 attend one pre -bid conference ❑ provide design clarifications l -' provide addenda to the bid documents as may be required Task Five: Construction Observation The Design Workshop team will assist Town of Avon staff and construction administration with design services during construction as additional services. The scope necessary to complete construction observation should be split between the design team and the Town in order to save costs. The scope associated with this task includes: 1 i Review of submittals including shop drawings 1 - -1 Provide design clarification and decisions as required and requested by Town of Avon for response OR to the construction contractor (response to RFI's) G Attend periodic construction office progress meetings when requested by Town of Avon I 1 Provide construction observation services I_ I Assisting in final punchlist The five items listed above are based are included in this proposal. Hours for each discipline include: I ,' Landscape architecture /project management: 65 hours 1 Civil engineering: 24 hours ❑ Structural engineering: 12 hours I Graphic design: 8 hours Architecture: 12 hours 1 MEP: 8 hours Should services beyond the hours listed be necessary, they will be billed on a time /materials basis. Assumptions There will be only one contract bid package. The Town of Avon will provide construction management and inspection services. As -built drawings will be prepared by others (either Town of Avon, or the contractor). AVON TRANSIT CENTER PROPOSAL DESIGN ASSUMPTIONS Below is the list of assumptions that have been made in preparing the scope of service and fee proposal. The assumptions are based on the Schematic Design Plan presented to Council in January 2006. Please review and provide comment should the list be added to or reduced. Transit Shelter L Transit shelter architecture design C! Possible mechanical area (for solar panel batteries) ❑ Structural engineering I ' Mechanical, electrical, and plumbing engineering ❑ Interior lighting ❑ Local and regional bus route map and information I i Photo voltaic on roof Transit Bus Bays, Plaza and Garden I'. Bus stop pads (Properly engineered) 11 Pedestrian plaza design I ,' Guardrails I 1 Bus wayfinding and signage i1 Bus Shelters II Site amenities such as benches, bollards, planters, trash receptacle, ski/bike racks C_ Site lighting Street trees Garden design I Irrigation design Wet and dry utilities i -1 Crosswalks and sidewalks Snowmelt system Temporary connection to Main Street Coordination with railroad crossing consultant Wiring for Real Time Information Anticipating wireless internet services I All snowmelt design will be a bid alternate and stopped at the end of Design Development for staff evaluation and discussion with potential contractors Benchmark Road t I Realignment of Benchmark Road I _ Repairing of asphalt (damage from construction) Bus stop pads I I Pedestrian waiting areas I =1 Site lighting I Bus wayfinding and signage 11 Site amenities such as benches, bollards, trash receptacles ❑ Street trees [ 1 Storm sewer drainage 1 i Crosswalks and sidewalks 1 -1 Bulb outs J All snowmelt design will be a bid alternate and stopped at the end of Design Development for staff evaluation and discussion with potential contractors AVON TRANSIT CENTER PROPOSAL EXCLUSIONS Below is the list of exclusions that have been made in preparing the scope of service and fee proposal. Please review and provide comment should the list be added to or reduced. H Items not identified in Assumptions 1 Geotechnical report I i Entitlements and legal work I ] Approvals or zone /code changes ❑ Environmental approvals /investigation C Public review process beyond council meetings which will occur at the completion of each phase (per schedule) C 1 Coordination and preparation of agreements to alter private property (ie. construction easements) AVON TRANSIT CENTER PROPOSED FEE BREAKDOWN Based on the scope of service provided above, the breakdown in fee includes: Design Development (60%): $38,205 Construction Documents (95% and 100 %) $40,088 Bidding and Negotiation: $4,151 Construction Observation: $16,678 TOTAL: $99,122 Attachment A Contract Provisions All fees, commissions, and expenses billed shall be due within thirty (30) days of the date of billing. Interest on unpaid or late bills shall accrue at 1 3/4 percent interest per month (21.0% A.P.R.). In the event of non - payment, such unpaid amounts shall constitute and become a lien upon the property for which professional services are being performed or completed. Design Workshop may, at its discretion, assert its right to file and foreclose upon such lien, in addition to pursuing any other remedies permitted by law. Client agrees that all statements not objected to in writing within thirty (30) days of receipt are agreed to be final and binding upon the parties as to the amounts due, the adequacy of Design Workshop's performance, and the value of the services provided to Client. 2. When any invoice is outstanding and unpaid thirty (30) days after the date of billing, Design Workshop may, at its discretion, stop work on the project. In addition, when any invoice is outstanding and unpaid ninety (90) days after the date of billing, Design Workshop may withdraw from any governmental agency review process any applications, drawings, submittals or other project documents reflecting Design Workshop's services. No notice of Design Workshop's intent to stop work or to withdraw from any governmental review process shall be required. Client forever releases, discharges and holds Design Workshop harmless from any and all liability arising out of Design Workshop's withdrawal of any applications, drawings, submittals or other project documents. Client shall fully indemnify, defend, and hold harmless Design Workshop against any and all claims for liability asserted by any project participant for any action taken by Design Workshop under this paragraph. If the project is suspended or abandoned, in whole or in part, for a period of ninety (90) days or th.prd, �'br upon instruction by Client to Design Workshop to suspend activity on the project, Design Workshop shll be cqmjnsated for all services performed together with all reimbursable expenses due and the )"igreerenf „shall be &erred terminated. If the project is resumed after such suspension, the Agreement betdvden Ctie� ttd besigr, Workshop shall be renegotiated prior to resumption of services by Design Workshop. Bch "�enegott ion sell include a fee for remobilization costs incurred by Design Workshop. In the event that thi, Agre rne�t i terminated due to the suspension or abandonment of the project, Client shall make full payment%o;7W for all cinnsation due hereunder within 30 days of receipt of a final invoice from DW. For purptses of tft}s Agreerrterrt; the term "suspension" or "abandonment" shall mean substantial discontinuance of lab i se is ,and) xpei es for a ninety (90) day period or written instruction by Client to suspend substantially a#- proect avits 4. Design Workshop reserves the right to raise -hours rates ,&.,its oven discretion during the course of this project. Any such increases, however, will not result „ a rs in �thp total fees identified in this proposal unless specific services are being provided on a timed r tend ai 5. Drawings and specifications tdcluding th ase electr6nic form, prepared by Design Workshop are the Instruments of Service for use solely ,wrt> reflect t ,#his prof Design Workshop shall be deemed the author and owner of their Instruments of Setnd retain II "immon law, statutory, and other rights, including copyrights. Design W0'shop grams te ienti a nonexclusive license to reproduce Design Workshop's Instruments of Service solely Vie[ tl prpose§ of tonsiructing, using and maintaining this project, provided that Client shall comply with all obtigations rrtcjuding rapt payment of all sums when due, under this Agreement. The Client shall be permitted to reWn C60' sf tn,t sting reproducible copies of drawings and specifications for information and reference in conntionvitk die Client's use and occupancy of the project. The Client shall be permitted to authorize its contre6tat' 'subcontractors and material suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in the execution of this project. The drawings and specifications shall not be used by the Client on another project, except by agreement in writing between Design Workshop and Client. Any unauthorized use of the Instruments of Service without Design Workshop's consent shall be at the Client's sole risk and without liability to Design Workshop. The Client shall indemnify and hold harmless Design Workshop, and Design Workshop's subconsultants from and against claims, damages, losses and expenses, including, but not limited to payment of attorney's fees, arising out of unauthorized use of the Instruments of Service that are part of this project. Design Workshop shall not be responsible or liable for any direct, actual or consequential damages which occur as the result of its inability to produce the Instruments of Service by reason of the casualty, destruction or loss of documents that occurs through no fault of Design Workshop. & Should the project be published in a book, magazine, newspaper, or publication for public circulation, or if a job sign is erected, Design Workshop should be listed as the planner /landscape architect. In addition, this Agreement represents non - exclusive approval by the Client for publication and award submissions of the project by Design Workshop. DESIGNWORKSHOP (Turn Page) Cl 7. The parties agree not to solicit for employment any employee of the other with whom the parties have had contact as a result of this Agreement, while the candidate is employed by the other party, and for twelve (12) months following termination of such employment, unless specifically agreed to in writing. 8. In the event of a default of any provision of this Agreement, after ten (10) days notice to cure is delivered, this Agreement may be deemed terminated by the non - defaulting party. For purpose hereof, any failure to pay sums due in accordance with Paragraph 1 shall be deemed default. Either party may terminate this Agreement for convenience and without cause upon thirty (30) days written notice by either party. If Client terminates this Agreement for convenience, DW shall be compensated for Services performed prior to termination, together with reimbursable expenses then due. 9. Design Workshop and Client waive consequential damages for claims, disputes or other matters in question arising out of or relating to the Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Paragraph 8. 10. All notices and other communications that are required or permitted to be given to the parties under this Agreement shall be sufficient in all respects if given in writing and delivered in person, by electronic mail, by telecopy, by overnight courier, or by certified mail, postage prepaid, return receipt requested, to the receiving party at the following address: If to DW: If to Client or to such other address as be deemed given on the 6 delivery or refusal date ",; case of overnight d Design Workshop, Inc. Attention: Telephone: Facsimile: 11. If any provision of thi9-",'Agte6ihent is for any reason held invalid or unenforceable, such provision shall be deemed sepat e and sh fi n the validity of the remaining portions herein. 12. Thli Agr4m4ht shatl be binding upon the parties, their partners, successors, assigns, and legal representatives. Clied ,shall not sign this Agreement without the consent of DW. 13. This A61 re ement may be amended or modified only by written instrument executed by both parties. 13. This Agreement (together with the attached Exhibits, which are incorporated herein by this reference) constitutes the entire agreement between the parties and supersedes prior understandings, written or oral. No waiver under this Agreement shall be valid unless it is given in writing and duly executed by the party to be charged therewith. 14. This Agreement shall be governed by the Laws of the State of Colorado. The parties agree that venue for any dispute between them arising out of or relating to this Agreement shall be in the City and County of Denver, State of Colorado. 15. In construing this Agreement, (i) the singular includes the plural and vice versa, (ii) reference to any document means such document as amended from time to time, (iii) "include" or "including" means including without limiting the generality of any description preceding such term, (iv) the word "or" is not exclusive, and (v) references to this Agreement or Sections or paragraphs of this Agreement refer to this entire Agreement including all exhibits, schedules, and Addendum attached hereto, as the same may be amended from time to time. Other conditions (Insert additions and modifications to the Standard Contract Provisions.) Q: M Wk MATM AVON TRANSIT CENTER PROPOSED FEE The Design Workshop team fee for the proposed scope of service is $99,122. By signing this letter you are authorizing Design Workshop, Inc. to commence services for the fee and scope written above. This fee does not include reimbursable expenses such as telephone calls, travel, meals and lodging. Reimbursable fees will be billed at cost + 15% on top of this proposed fee. The contract provisions provided shall be binding to the services in this proposal. Don Ensign, FASLA Principal In Charge APPROVED BY CLIENT: Title: Date: M Avon Transit Center Proposal - Cost break Down 1- Jul -04 DWI Design Development Landscape Architecture Fee $10,125.00 '. Wayfinding and Signage Fee $3,520.00' Architecture Fee $6,440.00' Civil Engineer Fee $9,600.001 MEP Fee $4,500.00: Structural Fee $1,500.00'', Transportation Fee $2,520.00 SUBTOTAL $38,205.00 Construction Documents Landscape Architecture Fee $8,207.50 Wayfinding and Signage Fee $5,180.00. Architecture Fee $6,780.00 Civil Engineer Fee $10,900.00 Structural Fee $2,000.00' MEP Fee $4,500.00'' Transportation Fee $2,520.00' SUBTOTAL $40,087.50 Bidding and Negotiation Landscape Architecture Fee $1,975.00 Wayfinding and Signage Fee $1,720.00 Architecture Fee $178.00'. Civil Engineer Fee $278.00' Structural Fee _ MEP Fee Transportation Fee SUBTOTAL $4,151.00 Construction Observation Landscape Architecture Fee $7,800.00' Wayfinding and Signage Fee $1,600.00' Architecture Fee $1,830.00 Structural Fee $1,248.00'. Civil Engineer Fee $3,000.00 MEP Fee $1,200.0 -0 Transportation Fee SUBTOTAL $16,678.00 TOTAL $99,121.50 MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JANUARY 10, 2006 A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at5:30 PM. A roll oo|| was taken and Council rnernbena present were Debbie Buoh|ey, Khsti Ferraro, K8go McDevitt, /\nny Phillips, Brian Sipes and 7-amng Underwood. Also present were Town Manager Larry Brooke. Town Attorney John Dunn, Asst. Town K8anmgerJacqVie H8|burnt' Town Clerk F`mUy W1oKenny, Finance Director Scott Wright, Police Chief Jeff LgyOD8O, TOVvO Engineer Norm VVOOd, Public Works / Transit Director Bob Reed, and Community Development DinactorTambi Kobeb, as well as members of the press and public. Approval of Agenda There were several changes to the agenda, which included the addition of the Town Center West Market Investigation as carryover from the work oeaeion, the addition of Ordinance No. 00-02 addressing the Gates project and removal of Resolution No. 06-03 from the agenda; Council approved these suggested changes. It was noted that those items requiring public hearings would bo heard first. Disclosure of Potential mf Conflict ofInterest TOxvO Attorney John OUOD noted that there were OO items on the agenda that required a disclosure. Holiday Lighting Contest Awards Mayor Wolfe presented the 2005 Holiday Lighting Contest awards to the winners. Ordinances Mayor Wolfe presented Ordinance No. 05-14' Series of 2005, Second Reading, An Ordinance Amending Title 8, /\VOO &YUOiCip3/ Code. Prohibiting Smoking In Certain P)8QeS, and Providing Fines For The Vio|@UDD Hereof. He noted that this iOC|Ud8S @ review 0flegislation that prohibits smoking in Ced@iD places, and provided for fines for the violation thereof and that it is modeled to mirror Eagle County's legislation. Town Attorney John Dunn noted two substantive changes (sections 8.24D60 & 8.24.110) and m couple of revisions to errors in the document. Mayor Wolfe opened the public hearing and S8Ven3| people made supportive CO00eOts as follows: Shelly EVaOg, C>[ Don Parsons (0UDlDlit County |Oiti@LiNe). Jennifer Corrigan, Rodney Johnson (President of Vail Valley Restaurant /\oon). Maggie Parker (owner Finnegan'a Restaurant), /\nn yWenconi (Eagle County Commiosioneh, Kent Biede| (owner Loaded Joen\. It was noted that bipartisan legislation was going to be introduced in the near future at the State level. K8[ Johnson commented on the outdoor seating area restrictions section, noting that the ordinance was too restrictive in this section and that this could C@USe some p[Ob|3nns for the establishments. Some discussion ensued on this topic. K8S. Parker noted that she was concerned for her business and her patrons expressing concerns; she believes that the [8st8u[@Dt OvVne[ ShOU|d be the decision 0ahe[, not government. Bied8| Co0DleDi8d On smoking OR outside decks; he noted that he has never received comments opposing that. The public hearing was closed. Councilor Buckley moved tO approve Ordinance NO. 05'14, Series of 2005' An Ordinance Amending Title 8, Avon Municipal Code. Prohibiting Smoking In Certain Places, And Providing Fines For The Violation Hereof with the changes noted above. Councilor Sipes DlOVed to Second the [DDUOn and it passed unanimously with a roll call vote. COUDCi| asked staff to propose an educational campaign regarding this legislation. Work Session Business Town Center \8/eaƒ Market Investigation was presented at this time by Design Workshop consultants Rebecca Zimmerman and Chris Kiley. The draft report addressed several primary questions as follows: ,~ What is the optimal market focus for the natmi| area? / What isthe retail critical mass and mix required? ^/ What is the ideal residential critical mass and composition? After review of the nsport. Council provided feedback and comments regarding the future development of this Town Center area, questioning whether or not there is enough critical mass to support the recommendation for the square footage ofretail. Mayor Wolfe suggested moving to a design stage whereby movement ie towards determining whether Vr not Avon could afford the public improvements related to this area, really the economic analysis of the deve|opnnent, the cost vs. benefit of the project. /\ proposed strategy for future steps was discussed and agreed upon, the work on the cost analysis and the designing ofthe project. The economic analysis work is separate from the current scope of work. Consultants & staff were asked to return with the scope of work for all aspects of this p|en, i.e. the financial gna|yoin, the design vxorh' etc. and the consultants were asked to proceed with the work in the original scope. Unfinished Town Business Town Attorney John Dunn presented information related tothe Chateaus Et. Claire Planned Unit Development, the C3otee project. He presented G newly drafted Ordinance NV. 06-02. an Ordinance on first reading amending Ordinance No. 05-12. na|ohng to the Chateau Gt. Claire Planned Unit Development, for Council's consideration per the discussions held at the earlier Executive Session. He reviewed the recitals of the ordinance. He noted that the conditions were not met per Council's requests at earlier meetings and this Ordinance would amend C)[diD@OCe No. 05-12 to provide for further C|8rihc@UOO of the required documents. He then reviewed the five conditions listed in the Ordinance @Sfollows: 1. The Amended and Restated Development Agreement for The Gates onBeaver Creek, the form of which is attached as Exhibit A to Ordinance No. 05-12, which form has been approved by the Town Attorney, shall be signed and filed iOthe records of the 7-nxvn. 2. The Employee Housing Impact Fee collected iS fully dedicated tV the Town irrespective Of the project 0U[CO0e;hOVVev8[.Shou1d[he8pp|icGOLSeekaO increase in density or future amendment to the PUD allowed uses, an new Impact Fee will be assessed; 3. |DOO event will the building permit Vr construction schedule be extended past December 14.2OO8;and 4. No new construction shall occur under the permit until the Town is in receipt of proof of the receipt and approval by US Bank of a completion (or a payment and performance) bond covering the construction of all improvements described in the plans filed with the TVwO. such proof to be in the form of receipt of a copy of the bond together with a written confirmation by the Bank of its approval of it. 5. Upon failure of the condition contained in paragraph 4 hereof on or before April 27.2OOG. this Ordinance and all approvals contained iOit shall beOfOOfurther force and effect and the building permit shall be void. It was noted that second reading &a public hearing would be held at the January 24 m 0ee[iOg. Condition No. 5 was revised to include a drop-dead date of April 27, 2006. Chris Payne— Ballard Spahr Law Firm. addressed the Town Council with comments regarding the drafted ordinance. He noted that he did not think it would be @ pnDb|e[n to provide the documentation required per the ordinance. Councilor Ferraro noted that concerns included the Regular Council Meeting Page ums January `uzvu6 need to have more specific information about the disbursements. Comments were made regarding the financing for the project. The intent iO asking for the documentation was k} try tO insure that the project xvOV|d be completed. K88yO[ VVO|fe reviewed the changes to the Ordinance. Councilor Sipes moved to approve Ordinance on first reading amending Ordinance No. 05-12` relating tO the Chateau 8t. Claire Planned Unit Development. Councilor McDevitt seconded the motion and it passed with a four to two vote (Ferraro & Underwood nay). Staff Updates T@[Dbi Katieb. Community [}eve/OpOlBOt Director, presented an update to Council regarding the a8|8[tiOD of priorities for the capital projects plan. He noted that due to recent diSCUSSiOOs OO attainable / workforce housing and it import@OCe, he requested that a Housing Needs Assessment be completed in 2000. and 8CLU@||y [8p|@Ce the Nottingham Park K88Ste[ Plan. Council members agreed tO the request. A brief dialogue occurred OD the recent appeal filed by the Union Pacific Railroad to the PUC on the at grade railroad CrOSSiDQ. Staff would review the filing and report back to Council the implications. The F(|CD Update was briefly discussed. Council requested an outline from Gary Greer on tinlSfr8Dle and steps that would take place throughout the application process. Ordimamces - comtinued Norm VVood, 7'oxvn Engineer. presented Ordinance No. 05-13. Series Of 2005. on Second Reading, An Ordinance Amending Titles 12 and 16' AVOD K8UOiCip@| Code, Relating to Fees Charged for Review of App|iCGUOOS for Rights-of-Way Permits and Subdivision Appn]V@| He noted that this 1eQiS/GtiOO F8p8g|s the S8CtiOD Of the Code which outlines f88S for permits in public rights-of-way and @pp|iC@tiDDS for subdivisions, and establishes them by FeSO|UtioO ine[aod, essentially a housekeeping item. No changes were made from first reading. Mayor VVo|f8 opened the public hearing, DO comments were made and the hearing was closed. K8@yO[ Pro Tern Underwood moved to approve Ordinance NV. 05-13. Series Of 2005, An Ordinance Amending Titles 12 and 16. Avon K8UOiCipg| Code' Relating to Fees. Councilor Sipes S8COOded the motion and ii passed unanimously with @ roll call vote. Tambi Kadeb. Community Development [}inaotor. presented (]njinonoe No. 08-01. Series of 2000' First Reading, An Ordinance Approving aD Amendment [O the VVi/d[idg8 Planned Unit Development for Lot 44 and Lot 45' Block 4, VVi|d[idg8 SubdiviSiOO, AvoO, Eagle County, Colorado. It was noted that this PUD 80eOd0BOt is 8 request to allow for three (detached) single-family nBSideOC8S in place of two duplex St[UC[U[eS; |OC@tiOD is 5123 & 5128 Long GUD Lane. It was also noted that the applicant has requested that this item be tabled to the January 24' 2006 COUDCi| Meeting. Councilor Sipes nlOVed t0 table this ordinance; COUOCi| Fe[[@nJ seconded the motion and i[ passed unanimously with @ roll call vote. Resolutions Tannbi KoUeb, Community Development [)innotor. presented Resolution Nn. 06-01. Series Of 2000.A Resolution Revising Fee Schedules For Zoning, Construction Work Within Public Ways, Subdivision And Design Review Applications, Town Of Avon, Eagle County, CO|O[Gdo He noted the recommended revisions tO Fee Schedules aS identified iD the memo included iO the council packet. He explained that the philosophy used was to recover the costs of time spent with o project and reviewed the impact to the larger projects. COUOCi|0[ Ferraro moved to approve R8SO|Ub0n No. 08-01 Revising Fee Schedules For Zoning, Construction Work Within Public VV@yS' Subdivision And Design Review Applications. Councilor Sipes seconded the nODtinO and it passed unanimously with 8 roll call vote. Regular Council Meeting Page ac«o January 1O.xUOn N0On VVOOd' Town Engineer, presented R8so|Utk}O No. 06-02. 8e[keS of 2000. ReS0|Utk]D authorizing 8 Bike/Pedestrian Trail License with the C0(O[8dO Department of Transportation related to the 8vvift Gulch Road Bike Path Extension, in the Town Of Avon, Eagle County, Colorado. He noted that this resolution was authorization to construct the bike path along Swift Gulch Road. Councilor Sipes nlOVed to approve ReS0|UtinO No. 06-02. authorizing @ Bike/Pedestrian Trail License with the Colorado [)epGdnleOt of Transportation related to the Swift Gulch Road Bike Path Extension, in the Town of Avon. Councilor Ferraro seconded the motion and it passed unanimously with 8 roll call vote. Mayor Wolfe noted again that Resolution NO. 08-03, 8eh8S Of 2006, A ReSO|ubOO Determining The Effectiveness Of C)ndingnms No 05-12. Relating To The Chateau St. Claire Planned Unit Development the Gates was removed from the agenda. New Business Mayor Wolfe presented the Service Agreements for the following entities: • Services Agreements with Eagle River Fire Protection District (Bob Reed. Public Works / Transit Director) Agreement for fleet maintenance services • Services Agreements with Western Eagle County Ambulance District (Bob Reed. Public Works / Transit Director) Agreement for fleet maintenance services Services Agreements with Eagle River VV8t8r & G8Oit8d0O District (Bob Reed. Public Works / Transit Director) Agreement for fleet maintenance services Council Sipes moved to approve the services agreements listed above; Councilor Buckley seconded the motion and it passed unanimously. Town Manager Report Town Manager Larry Brooks gave recognition to the Finance Department for their recent award from the Government Finance Officer's Association. Mayor Report Mayor Wolfe noted that the T[@OSpnrt8iiOD Center project is 3 joint project with Eagle County, who will provide funds to construct the facility. Consent Agenda Mayor Wolfe asked for @ motion on the CODSerd Agenda below. COun[j|O[ Buckley DlOVed to adopt the consent agenda; Councilor McDevitt seconded the motion and it passed unanimously. a. Minutes from December 13'3O05 Regular Council Meeting b. Resolution NO. 08-04. ReSO|UtiOO approving the |OC8UOO9 for posting the notices Of public meetings (Patty yWoKenny. Town Clerk) o. Renewal of Narayan'a Boulder Inc. d/b/m Nanayan'a Nepal Rentuunant, 47 E. Beaver Creek Blvd. (Patty McKenny. Town Clerk) d. CA877\ Agreement for fiscal Year 2007 FTA 5309 Funding Request (Bob Reed, Transit Director) Joint request funding request with CASTA for FTA funds Regular Council Meeting Page 4nv5 January 1o.2nos There being no further business to come before the Council, the regular meeting adjourned at 8:10 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting January 10, 2006 Page 5 of 5 Memo To: Avon Local Liquor Licensing Authority Thru: Larry Brooks, Town Manager Jacquie Halburnt, Asst. Town Manager From: Patty McKenny, Town Clerk Date: January 19, 2006 Re: Renewal Liquor Licensing Applications Summary: The following establishments have submitted renewal liquor licensing applications: a. Renewal of Hotel & Restaurant Liquor License for Bob's Place LLC d/b/a Bob's Place, 100 W. Beaver Creek Blvd b. Renewal of Retail Liquor Store License for Miller's Bottle Shop d/b/a Joe's Liquors, 1060 W. Beaver Creek Blvd Discussion: The Town Clerk, Town Attorney, and Avon Police Department have reviewed the applications submitted for renewal of liquor licenses. Reports from the Police Department are attached. Application materials are in order. The items have been scheduled as "consent calendar items" since there are no concerns from any Town Department. Financial Implications: There are local liquor licensing fees associated with renewal applications that have been submitted to the Town. Town Manager Comments: Attachments: State of Colorado Renewal Applications, Memo from Avon Police Department TOWN OF "ON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, JANUARY 24, 2006 AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM TAMRA NOTTINGHAM UNDERWOOD COUNCILORS DEBBIE BUCKLEY KRISTi FERRARO MAC McDEVITT Amy PHILLIPS BRIAN SIPES TOWN STAFF TOWN ATTORNEY: JOHN DUNN TOWN CLERK: PATTY McKENNY TOWN MANAGER: LARRY BROOKS ASSISTANT TOWN MANAGER: JACQUIE HALBURNT THIS MEETING IS OPEN TO THE PUBLIC; COMMENTS FROM THE PUBLIC ARE WELCOME ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE PLEASE VIEW AVON'S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND COUNCIL MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND CITY MARKET THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH WORK SESSION AGENDA MEETING BEGINS AT 12:45 PM 12:45 PM — 1:30 PM 1. SITE TOUR OF CONFLUENCE PARCEL 1:45 PM — 2:15 PM 2. APPROVAL OF WORK SESSION AGENDA & COUNCIL ASSIGNMENT UPDATES a. Review & confirm 2006 Committee Appointments b. U.S.F.S Land Trade Discussion c. VVCTB & Beaver Creek Marketing (Councilor Phillips) 2:15 PM — 3:45 PM 3. Review of Avon's Comprehensive Plan as submitted by the Planning & Zoning Commission (Rebecca Leonard, Design Workshop) Review of the discussion held at previous meetings on 12/13/05 1/10/06 and additional topics identified during those discussions 3:45 PM — 4:15 PM 4. Home Mail Delivery, U.S. Post Office (Matt Curry, Postmaster) Council will discuss the absence of home mail delivery and potential options for improved service with the Avon Postmaster 4:15 PM — 4:30 PM 5. 2006 Street Improvements Program Preliminary Design& Program Overview (Norm Wood, Town Engineer) Review of 2 phases of the 06 street improvements plan 4:30 PM — 5:25 PM 6. Joint Work Session with Planning and Zoning Commission Pre-application meeting to review Traer Creek LLC concepts for the Village at Avon PUD proposed amendment 5:25 PM 7. ADJOURNMENT Avon Council Meeting. 06.01.24 Page 1 of 3 FINANCIAL MATTERS January 24, 2006 1. YTD Building Revenue Report Actual vs Budget - December 2005 2. Detail -Real Estate Transfer Taxes - December 2005 3. Accomodations Tax Worksheet Actual vs Budget - November 2005 4. Sales Tax Worksheet Actual vs Budget - November 2005 W U" M N N N u; r� 0 N IV �r 0 N N u� O o C-� N W N O El U] 41< o O E c'� to N ;s W On E-+ 2 W W rS O C: U rC 3a 71 H G O H I I T) 3~ 4-a 0 � Q N O a: x E � w H x a a w 7 w >H o > E+ H o > �z El 1 O W C� v a `w" 0 w --2 NLOGo n LnQ0 r -(Y) Ln On alfl��r+ mhNh E 4t1 OD m W In,- r- mm 3,M o U co NNN Ln v m O h C� 0000 O NO*-1 O ,-I ,-I cc) M Mtn cr O Un0 N ^') I- N c0hOO N n co N 19 m in O N O' m E Q aq I-- co m N u W t� mMMU� �l CD LnO to m 6l GW n Ha) Q Hm Qo m MOI r- a wU) I I H,^UZ Ln Ln h O H N m r-1 M h N W N M h N Cl) rh (D 0 N N r- O O O O u-) --I Go Ln ONOM OD m W In,- r- mm 3,M o U co NNN H Nrilo G) C� M r- m o) to ci+ N N ,-I ,-I cc) M Mtn cr O Un0 to to O W n co N 19 m ,-i N m m E Q aq �40> H �Cz u W t� E C30u P4 m 6l GW n Ha) ,HV^Mrn m m a wU) COH W H,^UZ r cQu)0 W W apwr� cGa U W cngr..� I U] 0000 0000 O W 0 (D 0 0 O O O O O oaw H> xH W W W x U) O n unity MOOM m H Nhrr Nhooi �'o r- O O O O 0 0 0 0 O LnOO hcoLno h W In,- r- mm 3,M o U co NNN H Nrilo G) W 0 mr- to E o 0 0 0 0 0 0 0 O W 0 0 0 0 O O O O O r- O O O O 0 0 0 0 O n 0 0 0 0 O O O O O M u7OO,.n 0000 ,.n t'm CJ- (-' Lf O1;(D N sr'r�Hm 0 mr- to Q W a a w 2 w a E O E • m 0 m MW O O O O N Q0 M E a O a w a a El E O E U) I W I W I U) UJ a� U) U) E E W W W U)U)HH HWU ��W W WCZ3�4 E Q aq �40> H �Cz u W t� E C30u P4 GlWFCW H0 U) a wU) COH W H,^UZ r cQu)0 I �aww apwr� cGa U W cngr..� I E M N M a O o 0 0 o 0 0 U N N (N E N N N E U NNNO <rd 0 a u- )Lr,LnE LOLnLF)E+ Q W a a w 2 w a E O E • m 0 m MW O O O O N Q0 M E a O a w a a El E O E Town of Avon Real Estate Transfer Tax Calendar Year 2005 Purchaser Name Property Amount Received November $ 2,948,880.18 Timeshare Transfer Christie Lodge Timeshare 2.00 Title Comp Rockies Christie Lodge Timeshare 35.00 Title Comp Rockies Christie Lodge Timeshare 16.00 1 st American Heritage Christie Lodge Timeshare 40.00 Timeshare Transfer Christie Lodge Timeshare 2.00 Timeshare Transfer Christie Lodge Timeshare 3.98 Timeshare Transfer Christie Lodge Timeshare 2.00 Timeshare Transfer Falcon Pointe Timeshare 2.00 1 st American Heritage Falcon Pointe Timeshare 120.00 1 st American Heritage Falcon Pointe Timeshare 95.00 1 st American Heritage Falcon Pointe Timeshare 30.00 Timeshare Transfer Mtn. Vista 1203/1201 wk 8 300.00 Rice, Rice, & Rice Mtn. Vista 1414/1416 wk 5 150.00 Holiday Mtn. Vista 1618 wk 28 70.00 Timeshare Transfer Mtn. Vista 1412/1410 wk 49 320.00 Title Comp Rockies Mtn. Vista 1204 wk 40 60.00 Title Comp Rockies Mtn. Vista 05 -44 1,514.60 Title Comp Rockies Mtn. Vista 05 -45 3,874.50 Title Comp Rockies Mtn. Vista 05 -46 4,648.80 Title Comp Rockies Mtn. Vista 05 -47 1,704.80 Title Comp Rockies Mtn. Vista 05 -48 2,184.50 Title Comp Rockies Mtn. Vista 05 -49 4,283.90 Title Comp Rockies Mtn. Vista 05 -50 2,314.70 Title Comp Rockies Mtn. Vista 05 -51 4,408.90 Title Comp Rockies Mtn. Vista 05 -52 4,203.00 Holiday Lakeside Terrace C -204 wk 25 20.00 Title Comp Rockies Lakeside Terrace 05 -46 380.00 Title Comp Rockies Lakeside Terrace 05 -47 335.00 Title Comp Rockies Lakeside Terrace 05 -48 659.70 Title Comp Rockies Lakeside Terrace 05 -49 659.80 Title Comp Rockies Lakeside Terrace 05 -51 145.00 Title Comp Rockies Lakeside Terrace 05 -52 289.90 Title Comp Rockies Lakeside Terrace 05 -50 619.90 Ryan Mahoney Sunridge II Q -304 3,200.00 Mary E. Harper Sunridge II K -103 4,500.00 Jay Paul Santangelo Sunridge II R -204 4,600.00 Heidi & Patrick Telles Sherwood Meadows I A -2 4,700.00 Cherie Jacobsen & Richard Nagel Benchmark Condo D -10 2,700.00 John & Jo Ann Pick Barrancas II N -42 3,400.00 Paul & Ave m. Lachiewicz Avon Lake Villas M -1 8,400.00 William. M. & Patricia W. Mitchell Season @ Avon 304 7,200.00 P. Kenneth & Joyce Servi Lodge @ Brookside 203 10,100.00 Eilliam Teskoski Stonebridge Townhomes 5 1,900.00 Joy Skills LLC Avon Commercial Center 218 2,899.56 Town of Avon Real Estate Transfer Tax Calendar Year 2005 Purchaser Name ATS, LLC Gary R. & T. Jane Burden Woodstone Homes Inc Ben Kleimer Zachary A. Littlepage Margaret & Phillilp Lawrence Dena & Andrew Soulakis R. Schroeder Trust # 1 Mike Parsons & James Thomas Robert Hagebak Michael & Judy Gerrity- Jennifer Alagna Robert & Wendy Maxwell Property Avon Town Square II 104 4673 Eaglebend Dr. 111 Swift Gulch 201 The Pines C Orchard Townhome C -77 Lot 53 Blk 1 WR Lot 96 -B Blk 1 WR Lot 20 Blk 3 WR Lot 18 -E Blk 4 WR Lot 18 -W Blk 4 WR Lot 42 -B -E Blk 4 WR Lot 86 Blk 4 WR Total December Revenue Total YTD Revenue Total 2005 Budget Amount Received 17, 920.00 10,200.00 3,800.00 311.60 4,860.00 18,400.00 12, 380.00 35,900.00 18, 800.00 17, 600.00 24,000.00 27,900.00 279,166.14 3,228,046.32 2,100, 000.00 Variance, Favorable (Unfavorable) $ 1,128,046.32 a) 0) ' 0 t c: L N ,2 E 0 0 Mo' cu 0 to (D = C C) 0 C) C\l C> N I- M I- M M 0 M pl-: U� Lq q r-� O� q 0! (R of 9 1'- 9 1� lo 0 1.- t 0 M n h ti N M O r 00 rl-: rl-: M q C? 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Landscape Architecture Land Planning Urban Design Strategic Services Memorandum To: Avon Town Council From: Rebecca Leo rd Via: Eric . , ann, Tambi Kat' Date: January 17, 2006 Project Name: Avon Comprehensive Plan Project #: 3555 Subject: Meeting Agenda for January 24 The January 24 work session agenda is as follows: I. Recap of Village at Avon 15 minutes II. Recap of Housing Policies 15 minutes III. Transportation 15 minutes IV. Economic Development 15 minutes V. Prioritization 15 minutes Find the following information attached: • Updated Future Land Use Map • Updated Housing Policies • Prioritization Matrices Also, please bring your copy of the Comprehensive Plan for reference during the discussion. Recap and Remaining Schedule: Dec. 13: Jan. 24: • "Clear Direction" amendments • Recap of Village at Avon • Definitions, densities, and heights • Transportation • Housing • Economic development Jan. 10: Feb. 14: • Recap of building heights • Final review and adoption (possible joint • Village at Avon meeting with Planning Commission) • View corridors • Plan organization Feb 28: • Back up meeting D ES IG NWORKSHOP Asheville • Aspen • Denver • Park City • Phoenix • Santa Fe • Tahoe • Santiago • Sao Paulo 120 East Main Street, Aspen, Colorado 81611 • (tel) 970 -925 -8354 • (fax) 970 -920 -1387 www.designworkshop.com Mocuments and SettingsUatieMLocal Settings \Temporary Internet Files \OLK2 \060124 - TC agenda.doc • • r 0. as D LL ., i M. 0 In 0 a Town District Planning Principles Goa €v andf Polic €cE interesting, niche retail and/or manufacturing operations. Policy E.3.11: Coordinate advertising of local festivals and events with window displays and special promotions by area businesses. Policy E.3.12: Seek marketing opportunities for local businesses such as restaurants and lodging to capitalize on an overall community image rather than a single venue or event. Policy E.3.13: Encourage collaborative approaches between the various community stakeholders, such as but not limited to the Vail Valley Chamber and Tourism Bureau, Beaver Creek Resort Company, Vail Resorts, Eagle County School District, Town of Avon Parks and Recreation Department, and Eagle County Library District to enhance Avon's overall guest potential. Policy E.3.14: Achieve greater use of existing facilities in the community with an expanded schedule of events to strengthen the Town's year - round guest potential and to provide an amenity for local residents. F. Housing 1 Deleted: Pr ovide ,{ Deleted:, 1 Deleted: in ,' ventory i, , , ++ i Deleted: Ideally, a housing strategy would take Goal F.1: chieve a diverse range of u_alit hotlsin _ into �` _ ' ` ` ` consideration Lions to Serve diverse economic— the unique segments and age groups of the population. opportunities and Policy F.1.1: Initiate a housing needs constraints found in the assessment to understand the community. housing needs of the community Encourage innovative and establish policies and designs that programs that would address contribute to each of them, the quality and diversity of the housing stock. Policy F.1.2: Encourage private development Town of Avon Comprehensive Plan Page 86 Town District Planning Principles Goals and Policies to include a diversity of housing types, sizes, architectural styles, and prices. Policy F.2.1: Require that development, annexations, and major redevelopment,provides for ----- _ - workforce housing, Policy F.2.2: Require that workforce housing is integrated with, rather than separ—ate�ic -from, the rest of the community. Deleted: includes or otherwise Deleted: within the community Policy F.2.3: Aeguire _workforce housing to Deleted: Encourage _ _ _ -- be close to existing development, serviced by transit, and close to schools /child care. Policy F.2.4: Establish a dwelling unit size requirement for�yorkforce------- housing,. Policy F.2.5: Adhere to the principle of "no net loss" to workforce housing. Goal F.4: Participate in and support county -wide housing policies and procedures. Policy F.4.1: Participate and support the county -wide down -paw assistance program. Policy F.4.2: Collaborate on ioint housing studies and strategies. Policy F.4.3: Adopting comparable housing strategies as found in Eagle County's Local Resident Housing Guidelines . Deleted: designated - Deleted: units that effectively meets the residents' livability needs own of Avon Comprehensive Plan age 87 01 Town District Planning Principlesi G oafs a n d P o 1 i c i r-- s Short Term Priorities: POLICIES PROJECT PRIORITY* West Town Center West Town Center District Implementation 1 D.1.5, B.3.3 Update Land Use Regulations I G.2.2, G.2.3, G.3.3 Pedestrian Connection and 1 Circulation Plan East Town Center District East Town Center Plan I 2 C.4.1 E.3.8, D.2.3, G. 1.2 Signage, Wayfinding, and 2 Streetscapes D.2.5 Community Gateways 2 E. 1. 1 Retail Analysis 3 G.1.15, G.5.1, G.5.2 Parking and Vehicular Connection 3 and Circulation Nottingham Park Park/Open Space Plan and District Nottingham Park District Plan 4 1. 1.6, B.2. 1, B.2.5 F.1.1, F.2.4 Housing Needs Assessment 4 A. 1. 1 Three-Mile Plan 5 H.4.1 Energy and Environmental 5 Resources Plan 1= Highest Priority 5= Lowest Priority � own of Avon Comprehensive Plan age 99 AV_� N Town District Planning Principles Goals and Poiicies Long Term Priorities: I= Highest Priority 5= Lowest Priority Town of Avon Comprehensive Plan T; Page 100 POLICIES- PROJECT PRIORITY* G.2.4 Railroad Right of Way Preservation I 1.1.7 Riverfront Park 1 G.1.9 Connection from Metcalf Road to Beaver Creek Boulevard I C.1.4 Master Plans for Each District 2 D.3.4 Venue for Cultural Events 2 J.2.4 Cost of Growth Analysis 3 D.3.5 Public Art Plan 3 D.2.3 U.S Highway 6 Streetscape 3 D.2.4 Buffers from 1-70 4 E.3.6 Joint Visitor Center with Beaver Creek 4 G. 1. 14 Transit from Village at Avon to Town Center Districts 4 G.4.1 Alternative Road Development 5 H.3.5 Educational Campaign Regarding Noise 5 I= Highest Priority 5= Lowest Priority Town of Avon Comprehensive Plan T; Page 100 L To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Jacquie Halbumt, Assistant Town Manager Date: January 19, 2005 Re: Avon Post Office Summary: I had lunch with Avon's Postmaster, Matt Curry, to discuss the possibility of home mail delivery. This is by no means a new topic and prior Councils have discussed installing cluster boxes, but no action has been taken. The question was posed again in an email to Council from David P. Gossett (attached). We've heard it before, and Mr. Curry confirmed, home mail delivery to your front door does not appear to be a possibility in Avon. Several talking points emerged from our conversation and Mr. Curry will attend the Council meeting prepared to engage in an open dialogue. The possible option remains to install cluster boxes, however Avon would have to agree to certain conditions and submit a proposal to the Denver office for consideration. -Avon would have to pay for and install cluster boxes to serve every Avon resident. We would not be able to phase in boxes or just require new development to install them. Sixteen boxes plus the cement pad cost around $2000. - Parking must be provided at the cluster boxes - Maintain and plow the location, without plowing in the boxes - Provide a plot map showing every street and every address. - Address would have to be, for example, 0089 or 89. The computer would only recognize one or the other. Unit numbers must be numbers only, no letters. Essentially, the addressing system would need to be revised. -The cluster boxes would need a new zip code. The 81620 number is maxed out in the computer system. -The Post Offices is estimating their cost at one million dollars annually to provide the personnel. This number may come down because I believe they were including Eagle -Vail and Beaver Creek in the figures. -The Post Office will also have to remodel its building or build a new one to accommodate the changes. A few other items of interest we discussed were -Mail services such at UPS, FED EX, and the Post office cross - reference their addresses to the 911 addressing system, -Avon has 11,000 mailboxes, 7,000 of which are rented -They see an average of 300 boxes turn over monthly Town Manager Comments: d�'_ • Page 2 A-ffaCA14e)A� - - - -- Original Message---- - From: David P. Gossett [mailto:dpg35@comcast.net] Sent: Fri 1/6/2006 9:00 PM To: Ron Wolfe; Tamra Underwood; Debbie Buckley email; Mac McDevitt; Brian Sipes; Kristi Ferraro; Amy Phillips Subject: Avon Postal Service First off I request a response form each council member as what they are going to do to remedy this problem. Avon Home Postal Delivery. Yes it is about time. The Avon Post office is a problem. With the lack of local home delivery, we tax paying Avon citizens are not in any "system" for home deliveries. UPS / Fed-Ex / DHL all cross reference out shipping addresses with the good old USPS. If they USPS does not provide home delivery, we are not in their system, hence we are denied some deliveries from these other carriers. This is especially true when ordering items on the internet. If you have not experienced it, try a nationally know site like "crutchfeilds" the electronic supplier. They cross reference the addresses to prevent fraud. I have lived here at the same address for 14 years. It is not fraud, it is a Christmas present. Then to boot some will not send to an address if it is not the address listed on the credit card for billing. What century are we living in? This is third world service. Many companies will not ship to a Post Office Box either. I do not have an Avon PO Box, cause when they opened, they were short boxes. Then the horror stories started about lost mail, and bad service. They continue even today. When the USPS decided that they were required to then give free boxes to residents in Avon. They ran out. I tried several times, and after the rude way I was treated and no available boxes. I gave up. The traffic at the Avon office is terrible. This alone should prompt action. People, Having home delivery in Avon is considered a "Basic Community Service"! it is not like I live 30 miles out of town down a dirt road, no I live 2 mile for the post office. Pathetic ! Time to take care of the people who pay the taxes in the town. That is why you were elected. You seem to be able to go to bat for the deep pocketed developers. What about me? It is time to step up to the plate and force the USPS to do their job. I am sick and tired of hearing the same old excuses. If you shove a $900 fine for a non-compliant trash can down my throat, the you can pass an ordinance that Home Delivery be enforce, or it is a $900 fine per household per day, that they do not comply. You guys take on every other government entity to get what you want, the Railroad, Army Corp of Engineers for a water park, CDOT, ect, ect. Time to take on the USPS. I need to hear from each one of you on what you propose to do, no excuses! David P. Gossett V4 = • To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norm Wood, Town Enginee Jeff Schneider, Engineer II Date: January 13, 2006 Re: 2006 Street Improvement Program Preliminary Design and Program Overview Summary This memorandum is to provide notice that the preliminary design for the 2006 Street Improvement Program will be presented to the Town Council at the January 24, 2006 Council Work Session. Exhibit A includes plan sheets for your review prior to the meeting. Full -size plan sets will be available at the work session. The project generally consists of two phases. Phase 1 is a 2" mill and overlay from the northern edge of Roundabout 3 to Nottingham Road. Phase 2 is a 2" overlay of Wildridge Road from Wildwood Road to the 4 -way intersection at Bear Trap Road. The portion of Wildridge Road will be widened and an 8 -foot wide delineated pedestrian lane will be added, similar to the improvements conducted on Old Trail Road in 2005. The Phase I work on Avon Road will require receipt of a CDOT access permit since a large portion of the area is within the 1 -70 right of way. Response times for submittals to CDOT are not anticipated to be very prompt, and that could be a limiting factor in determining construction schedule. Traffic control in dealing with the interstate highway ramps will also be a challenge. To minimize the effect on the public, staff is planning on conducting the work within the CDOT right of way during the spring shoulder season. Night work may also be promoted in that area since it is far from residential areas and traffic volumes are substantially lighter. Phase II of the project includes a 2" overlay from Wildwood Road to Old Trail Road, and a widening and overlay from Old Trail Road to Bear Trap Road. The lane width will be decreased to 10.5 feet to aid in traffic calming. Since volumes are substantially higher than those on Old Trail Road, 10.5 -foot lanes are preferred over 10 -foot lanes. The pedestrian path will be delineated by rumble strip, and will be located on the North /East side of the road. A striped crosswalk will be added to the intersection of Wildridge Road and Old Trail Road to aid in crossing from the path on Old Trail Road to the newly constructed path on Wildridge Road. Funding for this project is provided by two means: the 2006 Paving funds and the Wildridge Traffic Calming funds. CADocuments and Settings \nwood \Local Settings \Temporary Internet Files \OLK23 \Council design presentation memo 1- 24- 06.doc Attachments: Exhibit A — 2006 Street Improvement Preliminary Design Plans Town Manager Comments: • Page 2 N O O N 3 .b 0 u7 O 3 b _h O v v 'o s~ A, ti nrirs � � � r r: �. � r a v r ��: n� � a a � i a r. � ►� General Notes 1. The Contractor shall schedule a preconstruction meeting with the Owner and the Engineer at iecst 48 hours prior to the start of construction. Plans will be distributed at this meeting. No construction will be permitted prior to the preconstruction meeting. 2. The Contractor is worried that conflicts with existing utility services may exist. Prior to beginning any construction, the Contractor shall contact all appropriate utility companies for line locations. He shall then locate all utilities (including depth by potholing). Any conflicts with the proposed construction shod be brought to the attention of the Engineer so that minor line or grade changes can be made to eliminate any conflicts with these existing utilities. All existing utilities shall be protected from damage by the contractor. Damaged utilities shall be repaired by the contractor at no expense to Owner. Contractor is responsible for coordinating construction with CDOT and other interested entities. 3. Contractor shall obtain at his expense ail permits and inspections which are necessary to perform the proposed work. Permits shall be obtained and inspections scheduled a minimum of 48 hours in advance of construction. 4. All construction shall conform to municipal, district and COOT standards and specifications and be subject to construction observation by their representatives. Copies of municipal and district standards must be obtained by the Contractor. Contractor shall have one (1) signed copy of the plans and a complete set of the Contract Documents on the job site at all times. 5. Contractor shall not scale drawings for construction purposes. Any missing dimensions or discrepancies in plans, field staking or physical features shall be brought to the attention of the Engineer. If Contractor proceeds with the work without notifying the Engineer, he does so at his own risk. 6. If construction documents are unclear, or if errors or discrepancies are discovered, the Engineer shall not be liable If the Contractor or client makes his own interpretation of and /or revises the original Intent of the construction documents and design drawings. 7. Observations of the work in progress and /or field testing performed by the Engineer shall in no way excuse the Contractor for defects discovered in his work. 8. Unless otherwise specified or indicated in the details, all disturbed areas shall be compacted to 95% Standard Proctor Density (ASTM D -698), 9. Compaction testing may be done periodically by the Owner. These tests are intended to provide the Owner a greater degree of assurance that the contractor is complying with compaction requirements. The Contractor is not to rely upon these tests for fill control, nor are these tests to be construed as o guarantee by the Engineer of the Controctor's contractual obligation. 10. Safety is the sole responsibility of the Contractor. The Engineer is not responsible for safety in, on, or about the project site, nor for compliance by the appropriate party with any regulations relating thereto. it. The Contractor shoal provide all lights, signs, barricades, flagmen or other devices necessary to provide for public safety in accordance with the current Manual of Uniform Traffic Control Devices, including the State of Colorado Amendments. 12. The Contractor shall at all times keep a separate full set of contract drawings marked up to fully indicate os —built conditions. Said drawings shall be provided to Inter — Mountain Engineering upon completion of the work. As —built drawings will be compiled by Inter — Mountain Engineering prior to final acceptance. Contractor is to provide at least two ties from physical monuments to all fittings, service line stubs and manholes. 13. Sediment and erosion controls shall be installed to meet Town of Avon and CDOT specifications. 14. Disturbed areas shalt be revegetoted in a timely monner with a minimum of 4 inches of topsoil and an acceptable local seed mix. 15. Cut and /or fill slopes sholl not exceed 2 horizontal feet to 1 foot vertical. 16. Construction stoking to be performed by a Colorado Licensed Professional Land Surveyor. 17. All work done in the highway right —of —way shoal conform to the latest COOT Standard Specifications for Road and Bridge Construction. Copies of the standard specifications must be obtained by the Contractor. THE TOWN OF A VON EA GL E COUN T y COL ORA D O VICINITY MAP SHEET INDEX C1 COWR SHEET C6 ,Y„�vi,IDx A VON ROAD C3 WILDRID6E ROAD 1 i l� WILDRIDGE ROAD 2 C5 WILDRIDGE ROAD 3 C6 DETAIL SHEET ---�— EXISTING GUARDRAIL -- — EXISTING CULVERT PROPOSED PEOESTRIAN/HKE PATH }' WIL GE ROAD PROPOSED EDGE Or PAVE:MERTTSS.i PROPOSED ROTO —MILLING PROPOSED OVERLAY �st 5 F 6 E 6; — — — — — — — PROPOSED SAWT CU F �sA�TI — — — — — — — LINT OF CONSTRUCTION ZO A99�S% '4S1E&1y = Q in ajpF OO =51 Ty S r=5 1 •xir[ .nu x.nD ».� rD.u* .xrr, „v[, ».nD ».[ .,,[,r ►6r 3� ��fii E �e6 93 rT .. ..w [ .[.< »...» .. AVON ROAD » N . iw`�OMQ I IN "L, VICINITY MAP SHEET INDEX C1 COWR SHEET C2 A VON ROAD C3 WILDRID6E ROAD 1 C4 WILDRIDGE ROAD 2 C5 WILDRIDGE ROAD 3 C6 DETAIL SHEET g� 8 - - � PROPERTY UNE/RIGHT -OF -WAY �' ........ ............... EXISTING EDGE OF PAVEMENT • .... _.. EXISTING WALL — - EXISTING CE'NTERUNE q_8q & — — — — — — — EXISTING TOP BACK Or CURB EXISTING BUILDING ---�— EXISTING GUARDRAIL -- — EXISTING CULVERT PROPOSED PEOESTRIAN/HKE PATH PROPOSED EDGE Or PAVE:MERTTSS.i PROPOSED ROTO —MILLING PROPOSED OVERLAY �st 5 PROPOSED nU DEPTH ASPHALT 6 E 6; — — — — — — — PROPOSED SAWT CU F �sA�TI — — — — — — — LINT OF CONSTRUCTION ZO A99�S% '4S1E&1y = Q in ajpF OO =51 Ty S r=5 1 ►6r 3� E �e6 93 W Lu 2 O a O J _ L CL 0 a 0 W O Z z O V 8 Z Q a to W °o N s»,w, er. RRY WR �` 7 -13 -OB i� pii tV O 41 O O ALT N G O Y ti I R I (eV - - -IN U-Xrv- — IN WSW)" PWG ( YP) MATCH I PER -21, rSTA10 UM175 OF CONSIRUI TION it t T 't f 'Au QJPS-M�!UTCD C 33 STANC ARE I I I I I I 9 1 1 i C, 4 C VADE DASHED WOE STRIPE Cr LINE SEGMENTS SPEPAIED BY Ij -V CAPS PER MUTCD 2003 STANDARDS 2' ASPHALT MILLING LIMITS OF ALT N G O Y ti I R I (eV - - -IN U-Xrv- — IN WSW)" PWG ( YP) MATCH I PER -21, rSTA10 UM175 OF CONSIRUI TION it t T 't f 'Au QJPS-M�!UTCD C 33 STANC ARE I I I I I I 9 1 1 i , It 100, e A ;;.; 1 gs OF AND OVERLAY AREA C STFtLJCTI _V4 X ON LIMITS PLACE YIELD TRIANGLE 8, YELLOW STRIPING PAVEMENT MARKINGS PER MUTCD 2003 (EXACT DIMENSIONS STANDARDS TO BE DETERMINED) k STALL DIRE T M C TION v j AR NI EA STALL DRECTICNAL AVEMENT MARKINGS z Z Ir PER MUTCD STANDARDS U- Al!j CE YIELD MANGLE PAVEMENT MARKINGS PER MUTCD STANDARDS OR c:k. . . ....... NST HN"! 14, WE N" x VFM T M a 1 4' WIDE DASHED W"TE STRIPE Mu STAND PER MUTCD 2003 u < z 0 cn0 'o OF < S7RU z Dc A GRAPHIC SCALE < w IN Fm I I..b - 40 fL RRY RRY SEM 1-13-06 05 —Ot 54 it 10. 2 OF 6 CONSUOF TRITS CN, CTI C VADE DASHED WOE STRIPE Cr LINE SEGMENTS SPEPAIED BY Ij -V CAPS PER MUTCD 2003 STANDARDS 2' ASPHALT MILLING , It 100, e A ;;.; 1 gs OF AND OVERLAY AREA C STFtLJCTI _V4 X ON LIMITS PLACE YIELD TRIANGLE 8, YELLOW STRIPING PAVEMENT MARKINGS PER MUTCD 2003 (EXACT DIMENSIONS STANDARDS TO BE DETERMINED) k STALL DIRE T M C TION v j AR NI EA STALL DRECTICNAL AVEMENT MARKINGS z Z Ir PER MUTCD STANDARDS U- Al!j CE YIELD MANGLE PAVEMENT MARKINGS PER MUTCD STANDARDS OR c:k. . . ....... NST HN"! 14, WE N" x VFM T M a 1 4' WIDE DASHED W"TE STRIPE Mu STAND PER MUTCD 2003 u < z 0 cn0 'o OF < S7RU z Dc A GRAPHIC SCALE < w IN Fm I I..b - 40 fL RRY RRY SEM 1-13-06 05 —Ot 54 it 10. 2 OF 6 , i , t r r i , t t i ; s.co 1 IN f ,aeo .: Y!i'�.�li% " F.:r~'% I _1. -, ""a" -..: -. - "�� —►"--_ —• 4' WIDE SINGLE WHITE STRIPE \ +` I f' i f I VIDE DOUBLE \ / YELLOW STRIPE \ LIMITS OF CONSTRUCTION �� GRAPHIC SCALET� IN FEET 1 inch - 40 ft �„ .•► 20 FT OF EXISTING ASPHALT rji TO MATCH OVERLAY INTO EXISTING PAVEMENT GRADE' LIMITF111..NSTR.CT1ON tic Y� a a M O O N M 'b _h O h bA b d N O h 'o ti � s OR H gs Mill :N as P s k DI! FO Ias11i ZA 'a- i2 € hs5�t � as5sa z z O 0 0 °< CL 09 � Q W ZO z L 3 O O O O ~ > O Q Q Ski UD W `j O O N RRY oAAwN er. RRY o�Ie nam: I -13 -OB 54 1 3 OF 6 1 n h N O N M .d C _h O h "L7 r h O �i 0 J. 94 z 1 GRAPHIC SCALE 4 m ao ( IN Feuer ) 1 ImPb - 40 H. � LIMITS OF CONSTRUCTION ; ,l f ? INSTALL / t 24 PREFORMED INSTALL CROSSWALK 6'X2' PREFORMED THERMOPLASTIC BARS / F 4' WIDE DOUBLE YELLOW STRIPE 1 _ / �..- _ RAISE MANHOLE RIM 2' °�! �R , r i .!•"' I PEDESTRIAN PAVEMENT MARKING ON PATH NEAR INTERSECTIONS (TYP). 4' NODE SINGLE WHITE STRIPE PEDESTRIAN PAVEM T MARKING ON ' PATH NEAR INTERSEC ` {DNS (TYP). 1 ' z 1 1911 € M ° b 4 ga$ �S�o —gg■■ �Sd P N m o d o CL 0 J '�� LU z° Z U �j 0 O W Q Q C co W 72 O N RRY xx er. RRY am SEM E 9RdD: i -13 —OB X05 -0154 77-7 4OF6 v, MATCHUNE C \ C PEDESTRIAN PAVEMENT MARKING ( PATH NEAR INTERSECTIONS (TYP). ►5 a N lV. O O N 3 .b _h O b N O vT O _0. ti / -RAISE WATER VALVE 2- __4' WIDE SINGLE WHITE 4' WIDE YELLOW NOTES 1. ADD FULL DEP71Y APPHALT SEC7IQV TD pIEA 7E 8' IWDE PEDESTWAN LANE. STRIPING AND TRA W l LANES WILL NEED TO BE SHIFTED ACCOQD/NGL.Y. 2. CREA IF TWO (2) 105 -FOOT WIDE IRA YEL LANES i INSTALL RUMBLE STRIPS B 7WEEN IHE NCR77f-BOUND LANE AND PEDE57AYAN PAIN. 4. ADD NEW DOUBLE 4' SOLID YELLOW SIMPING DOWN NEW CEN7MALI OF ROADWAY. 5 ADD NEW S/NDLE 4' SOLID W}87E STRIPE 70 DEL7NEA 7E BETWEEN EAST BOUND IRA Lf2 LANE AND PEDESIR/AN/B/KE PAIN. S. D17CH REGRADING 1WLL BE REWIRED. 7. SANWT EX. ASPHALT 1' BACK AND RfWOYE ASPHALT d BASE 70 5' BELOW EXISTNG GRADE. MILL 20 FT OF EXISTING ASPHALT E S TO MATCH OVERLAY INTO EXISTING PAVEMENT GRADE. LIMITS OF CONSTRUCTION 1 REMOVE AND RESET J GUARDRAIL TO 2' OUTSIDE ! j OF PEDESTRIAN PATH PEDESTRIAN PAVEMENT MARKING ON `�f) GRAPHIC SCALE PATH NEAR INTERSECTIONS (TYP). / f- "''� ( III FEET) I inch s 40 TG 88 $s �o s�P3�s fiaiaj a Q F fi hsi F I. E�eh5�3d r �± La O 0 cc z > a m � Q V ~ ti w O Z V O U O W CD Q Q c 0 W 72 °O N oea[o er. SEM oAiE �$� 1 -13-08 p 1 -� NOTES 1. ALL ASPHALT, TACK COAT, AND PRIME COAT, MATERIALS AND WORKMANSIIIP SHAD. COMPLY WITH MUNICIPAL REQUIREMENTS, 2. ALL ASPHALT WHICH IS TO BE REMOVED IS TO BE CUT TO STRAIGHT AND CLEAN EDGE USING POWER SAW. 3. SOILS TO BE PLACES AT - 2 TO +2X OF OPTIMUM MOISTURE CONTENT. ASPHALTIC CONCRETE SAWCUT OVERLAY 2? MIN*'INGPAWMENT PAVEMENT 4' ASPHALTIC CONCRETE COMPACTED TO 95COMPACTED TO 95X STANDARD PROCTOSTANDARD PROCTOR V MIN. EXISTING PAVEMENT SECTION W 9' CUSS 8 BASE COURSE COMPACTED TO TOR STANDARD PROCTOR EXISTING ASPHTACKED PATH EMULS �� SCARIFY AND COMPACTS* SAWCE EXIST EXISTING SUB GRADE TO 95X STANDARD PROCTOR AND BASE NG PAVEMENT WIDENING SAWCUT DETAIL PER PAVEMENT SECTION N7S N O O 0 N by 3 "O H W Q h O vs bA 3 b M, O t3 V v �O G. ti 2 1/2' (MIN.) ASPHALTIC CONCRETE OVERLAY COMPACTED TO 95% STANDARD PROCTOR EXISTING ASPHALTIC CONCRETE — EXISTING BASE COURSE — EXISTING SUBGRADE TYPICAL ASPHAL T SEC77ON W17H OVERLA Y NIS 4' ASPHALTIC CONCRETE IN TWO LIFTS COMPACTED TO 951 9 CLASS 6 BASE COURSE STANDARD PROCTOR COMPACTED TO 95X STANDARD PROCTOR SCARIFY AND COMPACT 8' EXISTING SUB GRADE TO 95" STANDARD PROCTOR FULL DEPTH CONS7RUC77ON OR REPLACEMENT PA VEMENT SECTION NTS �F 88 Q� �6 I z W O r7 Q 0 0 J Cq a- a R~ {. W O Z 4 CO Q O W O N _ _.. S7 ST oRa®� RRY oATe iswEC i -73-08 • • II�C-�uL�, To. Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Tambi Katieb, Community Development Direc�o DaLx- January 18, 2006 Re. Work Session Request- Village At Avon PUD Background: C 0 L 0 R A D 0 Traer Creek LLC, after withdrawing application for amendment to the Village at Avon PUD, has requested a formal work session with Council to review development concepts for the project. It is anticipated by the developer that a review of overall concepts for the project will provide a better understanding of the development plan for the project in total, and will benefit the Town in reviewing a re-submitted PUD amendment application. Staff has also invited Planning and Zoning Commission members to attend. Town Manager Comments: Community Development Update to Council — Work session with Village at Avon January 24, 2006