TC Council Packet 02-14-2006TOWN OF "ON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, FEBRUARY 14, 2006
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
Regular Council Meeting Agenda
MEETING BEGINS AT 5:30 PM 1Z
CALL TO ORDER AND ROLL CALL
2' APPROVAL OF AGENDA
3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
4. CITIZEN AND COMMUNITY INPUT
5' STAFF INTRODUCTIONS FOR AVON POLICE DEPARTMENT (MIKE LEAKE, ACTING POLICE CHIEF)
G' ORDINANCES
a. Public Hearing on Ordinance NO. 06-03. Series of 2006, First ReodinQ, Confluence Planned
Unit Development & Development AoPeenn8Ot Jambi Katieb. Community Development Director &
Eric Heidemonn, Senior P|anner)A request for amendment tothe 19 acre Confluence PUD to modify the
existing development rights and zoning for the entire property. This application proposes aVVeetin hote|,
retail p|oza, high-speed public gondo\a, oondominiums, and fractional residential units. The property is
located between the Eagle River and the West Town Center, accessible from Avon Road
7. RESOLUTIONS
8. ReSO|LtiOD yJO. 06-00, Series Of 2000, Resolution Authorizing the Filing of Statements Of
Opposition to Water Rights Applications 05CVV202 and 05CVV263 Filed by the Town ofK8intUnl
with the Water Court for Water Division No. 5 (Norm Wood, Town Engineer) Statements which would
afford Avon on opportunity to remain informed about the progress of the Town of K8inturn's two water
rights applications
8. NEW BUSINESS
8. Request from Eagle County Clerk & Recorder, Primary & General B8CtiOO PVUiOQ Location,
(Patty K8oKenny. Town Clerk) Review of request from Eagle County Clerk & Recorder to use the Avon
Municipal Building nsa polling location for both elections
9. OTHER BUSINESS
10, UNFINISHED BUSINESS
G. /\y0O Post Office Update (Jacquie Ha|bunnt, Asst. Town Manager) Update on the idea of implementing
cluster boxes inAvon
b. 2006 S[nB8t Improvements Program Final Design Update (Norm Wood, Town Engineer) Plans &
Memo only / Project vith2phasesthadimpactNotUnghamRoad&VVi|dhdgeRood
c. Swift Gulch Road Bike Path Extension Final Design (Norm Wood, Town Engineer) Plans & Memo
only Extending bike path from the current eastern terminus near Public Works facility to the eastern end
of Roundabout 1 at Nottingham Road
11' TOWN MANAGER REPORT
12' TOWN ATTORNEY REPORT
13. MAYOR REPORT
14. FUTURE AGENDA ITEMS
Agenda For February 28, 2006: Avon Comprehensive Plan
Avon Council Meeting. o6.001*
Page aor4
TOWN OF "ON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, FEBRUARY 14, 2006
AvoN00UNxCxPAL BUILDING, 4@0BENCHMARK ROAD
Regular Council Meeting Agenda
MEETING BEGINS AT5:3OPO0
15. CONSENT AGENDA
@. Minutes from January 24.2000 Regular Council Meeting
b. Clifton Gunderson LLP, Auditors' EOg8QenleDi Letter (Scott Wright, Finance Director) Engagement
letter for auditing services of2O0S financial statements
c. Avon TOvvO Center \8/8st Financial Analysis Add Service PnOpOs8| from Design Workshop
(Tarnbi Ketieb. Community Development Director) Proposal to complete financial feasibility of Avon Town
Center West project
d. GriDlSh8vv & H8[Ting Agreement for Legal Services (John Dunn. Town Attorney) Proposal for scope
of legal services
e. E8SeOQ8ntS for Eagle River ReCnB@don@/ Enhancements Project (Norm VVuod. Town Engineer)
Declaration of Easements for R|CD PE-06 & RICK PE-07, as part of the application to the Colorado
Water Conservation Board for the in channel diversion
f. AVOO StreetscGpe Lighting COnVenGiOD Program Design Services PrOpOS8( from Architectural
Engineering {|oOSuK@OtS (Norm Wood, Town Engineer) Proposal from AEG for the engineering design
services for the lighting conversion program
16. ADJOURNMENT
Avon Council Moedno.06.02.1*
Page 4m4
� J� L:4 I I me
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Tambi Katieb, Community Development. Director ° w
Eric Heidemann, Senior Planner"
Date: February 10, 2006
Re: First Reading of Ordinance 06 -03, Riverfront Subdivision Planned Unit
Development ( "PUD ") Application, Amendment to the 1998 Confluence
PUD (PUBLIC HEARING)
Summary:
East West Partners, represented by Chuck Madison, have submitted this application to amend
the Confluence Planned Unit Development ( "PUD "). As proposed the project would include
a Westin condo - hotel, retail plaza, high -speed public gondola to Beaver Creek Landing, whole
ownership condominiums and fractional ownership residential units, 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 project
would occur in multiple phases based on the proposed build -out and economic modeling
provided by the applicant.
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.
The specific land use proposal was reviewed at your January 24, 2006 meeting and discussed
in exhaustive detail in the Planning & Zoning Commission reports, which also include a
history of the property, and in the application narrative itself. After reviewing the land use
proposal at your last meeting, the required approval criteria and recommended conditional
approval, the focus of this second hearing and the earlier work session is on the public - private
capital and operations funding partnership that is being requested by the applicant.
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. The Commission reviewed a first draft of these standards at their February
8, 2006 meeting and staff is confident that the standards will be refined, adopted and
forwarded to the Council prior to your final action on the proposal.
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 several 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.
Financial Implications:
The Town manager, finance director, and Town financial consultant, Stan Bernstein &
Associates, will present and review the financial details, economic model and review of the
impacts of the land use proposal on the Town at this meeting.
Staff Recommendation:
Staff recommends that you approve Ordinance 06 -03 on first reading with the conditions as
forwarded by the Planning & Zoning Commission. While the business points of the proposal
scheduled for discussion during your work - session may require further refinement with the
applicant, we are recommending that the PUD ordinance be approved on first reading at this
time and outstanding business issues are resolved prior to any final action on the Ordinance.
Town Manager Comments:
r _
27�`�-
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Ordinance 06 -03, Westin Riverfront Resort & Spa, Amendment to the 1998 Confluence PUD
Town Council February 14, 2006 Regular Meeting (PUBLIC HEARING)
Attachments:
A: Ordinance 06 -03 Recommending Conditional Approval of the PUD Amendment.
B: Planning & Zoning Commission Staff Report. Resolution 06 -01 and executed minutes
from the January 17, 2006 meeting.
(Note: The application for Amendment to the Confluence PUD submitted by East West
Resorts, updated January 17, 2006 and the 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) was previously
distributed and these items should be brought to the hearing)
Ordinance 06 -03, Westin Riverfront Resort & Spa, Amendment to the 1998 Confluence PUD
Town Council February 14, 2006 Regular Meeting (PUBLIC HEARING)
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 1St, November 15th, December 61h, 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 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 , 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:
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
17.20.11OH(2);
3. The project is compatible with the immediate scale and character of
existing properties in the vicinity. 17.20.11OH(3);
4. This PUD Amendment application is responsive and compatible to the
existing surrounding land -uses. 17.20.11OH (4);
5. The PUD Amendment application has identified and proposes to mitigate
or avoid natural or geologic features. 17.20.11OH (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. 17.20.1 IOH(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.
17.20.11OH (9);
10. Adequacy of public services such as sewer, water, schools, transportation
systems, roads, parks, and police and fire protection has been established.
17.20.110H (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
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
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 Desijzn 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.
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.
I. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in
public hearing(s) shall be adhered to and considered binding conditions of
approval.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this 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
FORM:
Town Attorney
Staff Report M
PUD AMENDMENT AVO
January 171, 2006 Planning & Zoning Commission meeting
Report date December 31St, 2005
Project type Mixed -Use Planned Unit
Development (PUD) Amendment
Legal description The Confluence PUD ( "Westin
Riverfront Subdivision ")
Current zoninq PUD
Address 0095 Avon Road
Introduction
East West Partners has requested a major amendment to the Confluence PUD, a 19 acre site
south of Avon's western Town Center along the Eagle River, and the proposal has been
reviewed in detail by both staff and the Commission over a period of several meetings (see
attached reports), with each meeting focused on specific areas of the land use proposal.
The proposal is best summarized as a new recreational resort consisting of a Westin hotel, spa
and wellness facility, a pedestrian retail plaza, timeshare and whole ownership condominiums
and an enhanced river front park, connected to Town Center West across the railroad corridor
via pedestrian and auto crossings and to Beaver Creek Landing via a high speed gondola.
After six months of review of this major project and allowing the applicant to respond and adjust
the proposal in certain areas as a result of our review, this report reviews the proposed PUD
development Plan- the guiding land use document for the project- and forwards a recommended
action by staff to the Planning Commission, and subsequently, to Town Council.
It is noted by staff that after a lengthy review process, the applicant should be commended for
their effort to provide the Town with a PUD plan that largely reflects the requests of both staff
and the Commission. The process has been very interactive and, for a project of this
magnitude, it is staff's observation that only a limited number of land use and design issues
remain that require further clarification and resolution.
The PUD development plan constitutes the guiding PUD development document for this land
use proposal and therefore should be closely examined during Commission review. The
development plan should reflect the following:
1. The development standards proposed in the original August 3, 2045 application
and those areas mutually agreed to be amended as a result of deliberation
through the Commission process, such as increased setbacks, lot specific
building heights, view corridor and public ways, lot coverage, and general lot
layout.
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
The Confluence PUD- Amendment to the 1998 PUD approval
January 17, 2006 Planning & Zoning Commission meeting Page 3 of 20
B. Delete General Note #1 and revise as follows: No more than 10 %0 of total linear
frontage on the public plaza, based on the total linear building frontage on-the
plaza easement as defined on the subdivision plat and PUD development plan,
shall be used for office space, including financial institutions, real estate or other
professional offices. Additionally, no residential units are permitted on the
ground level of the public plaza.
C. Revise the public plaza easement to run the entire length of building frontage of
the hotel and timeshare west building, and at a minimum width of 60 feet.
D. Add the following general note: The development standards for the Riverfront
PUD shall be outlined below. Other development standards and zoning
provisions of the Town of Avon Zoning Code not specifically addressed below, or
in the related development agreement, shall apply to the Riverfront PUD.
E. 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
scale not less than V=40' showing shadows at 10 am and 3pm on March 21,
June 21, September 21, and December 21.
F. The maximum building height shall be as follows:
L Hotel —130 feet at the highest ridge point
ii. Timeshare - 100 feet at the highest ridge point
iii. Whole Ownership — 85 feet at the highest ridge point, 55 feet for lot 6 and
lot 7.
iv. 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.
G. 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. The required parking ratio for the whole ownership portion of the development
shall be as follows: 1 space per bedroom, 2 spaces maximum per unit.
B. Eliminate the Office Parking category at 4/1000 GLFA and add Office parking to
the Standard Commercial Category.
C. 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
prior to the 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.
vwn or Avon uommuniry ueveiopment (970) 748 -4030 Fax (970) 949 -5749
The Confluence PUD- Amendment to the 1998 PUD approval
January 17, 2006 Planning & Zoning Commission meeting Page 5 of 20
1. Land Use Plan
The proposed development features essentially the same density and mix of land uses as
presented in the first hearing: whole ownership and timeshare residential uses; standard
commercial uses — restaurant, bar, cafe, wellness facilities, ski shop, ticket office, ski school,
etc; incidental commercial uses — spa facility and meeting space; and public improvements —
gondola (high speed 8 person cabin) and public plaza.
The table below represents the proposed land uses that are included in the approved PUD
compared to the proposed PUD. The residential density of the project remains 24.9 dwelling
units per acre.
Number of Units/Square Footage I Number of Units/Square Footage
Land Use Units Square
Height
Units
Square Height
Feet
Feet
Whole 45F 3Q r
120
120 DU's
95ft. —
ownership DU.p = "'
S5ft.
(condo or acre
town home
Timeshare
120
113 DU's
105ft.
Hotel
120
194 DU's
135ft
Commercial 40,000
120
20,000*
Standard
Employee 46
120
pay in lieu
Housing
912,000
The commercial square footage is based on a
minimum gross leaseable floor area,
there may be up to 40,000
square feet of commercial. The economic model projects approximately 38.000 GLFA of standard commercial.
The proposed development includes a complete list of permitted uses, temporary uses, and
special review uses. Staff recommended the following changes be made to the development
plan: (1) eliminate "single family" use under Residential / Lodging Uses, the single family use is
not an appropriate use given this resort style development and the residential critical mass the
town is interested in achieving; (2) eliminate "office" from Lodging Support Uses, there is
already a category under Standards Commercial Uses. The applicant has adjusted the plan
accordingly, and no condition is required for the uses in our opinion.
The PUD plan also corresponds to the subdivision plan in terms of preliminary lot layout, each
lot corresponding to the conceptual building locations shown in the application.
The public plaza was requested by staff to be an easement, and will be platted- the first of its
kind in Avon. Additionally, we have required that the view corridor through the public plaza be
platted on both the PUD Development Plan and the Subdivision Plan. We are at an impasse,
however, with the applicant as to the flexibility afforded for architectural encroachments into the
view corridor.
While we agree with the goal of the applicant to create an intimate and interesting pedestrian
experience, staff would prefer to permit exceptions to the corridor in context of building design.
Therefore, we recommended deleting the proposed language on the PUD Development Plan
governing the view corridor and instead proposed Condition #1(a). We believe the acceptable
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
The Confluence PUD- Amendment to the 1998 PUD approval
January 17, 2006 Planning & Zoning Commission meeting Page 7 of 20
plan. With conditions as recommended by staff, this PUD Development Plan is approvable and
recommended for forwarding to Town Council. However, the recommended approval is
contingent on completion of the second step of the PUD review process- namely, finding
approvable the PUD Design Criteria.
Though the applicant submitted for sketch design review of the hotel at the time of original PUD
submittal, it was agreed to by both staff and the applicant that because of the complexity of the
PUD Development Plan, the review of the site specific design should follow the PUD review
which is now complete.
In this respect, staff is recommending Condition #1(G). Staff believes that site specific design
guidelines that require a minimum standard of architecture, building orientation and massing,
and material use on this site are necessary to find the PUD Design criteria in the affirmative.
While all buildings will require conformance to the Town design guidelines and be separately
approved through that process, a project of this size should offer the Town certain assurances
that the expressed intent to create high quality architectural design through the use of varied
roof forms, wall plane articulation and quality building materials. Further, staff is concerned that
a project of this magnitude be `value engineered' as a potential outcome of financial
negotiations on the public - private funding partnership that finally results in a zoning approval.
To be clear, massing that resembles that of the first two phases of the Lot C PUD -full use of
maximum height, disproportionate massing, inefficient solar effect- in staff's opinion, will not be
acceptable.
Without some basic design parameters or a tie to the expressed intent presented by the
applicant in their submittal, the Town may find itself in a position to accept an architectural
design that does not support the original concept.
The applicant shall submit to the Planning Commission the sketch design review for the hotel
and at the same time create minimum design standards ( "Riverfront Design Standards ") for the
entire project which will be recorded and incorporated as part of the PUD approval by Town
Council. These standards may be augmented by the Town Design Guidelines where necessary
through the final design approval.
In no case, however, will staff recommend final Council action of the PUD Development Plan
until the Commission is satisfied that the site specific design standards and sketch design of the
hotel are acceptable and meet the minimum PUD design criteria and the general design intent
portrayed in the architectural renderings submitted with August 3, 2005 application.
Another significant change to the design and massing has been to Building D where the
applicant has proposed a consolidation of four separate buildings (Buildings D, E, F and G) as
originally contemplated. The physical model was updated only after your conceptual review on
November 15, 2005, and staff suggests that you review the scale and proportion of the massing
model as compared to the original application (the model will be available at the meeting
review). While there are benefits to consolidating four individual buildings by reducing site
coverage and disturbance, staff is concerned about the overall scale and proportion of this
building and the monolithic appearance does not suggest a good transition in scale to the lower
density portion of the project.
There have been several slight changes to the proposed height of the structures that have not
been presented to the Commission, but are reflected on the proposed development plan. As
own of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
The Confluence PUD- Amendment to the 1998 PUD approval
January 17, 2006 Planning & Zoning Commission meeting Page 9 of 20
4. Parking
Staff has prepared the table below that outlines the existing, proposed, and Town required
parking standards for all proposed uses.
Required Parking Comparisons
Land Use Existing PUD
Proposed PUD
Town Code
Condo/Town home .2.0 per unit up to
2BR, .5 i)er add BR
1.2 per unit
1.5 per 1 BR, 2 all
others
Hotel 1 per room
1. per studio, 1.2 per
Condo
1 per I BR, Y2 space
per add BR
Timeshare .6 er BR
.75 per BR, 1.5 per unit
1 per 600 sq. ft.
GL
FA 5 er 1,000 GLFA
5 per 1,000 GLFA
3 or 4/1000 G LFA
Employee Housin .5 er B BR
-
Guest Parking
10 spaces when > 25
units
At the November 15th, 2005 Commission hearing, the applicant presented information regarding
an analysis of the anticipated parking demand generated from the proposed development to
support the proposed decreases in parking ratios. The analysis, prepared by Walker Parking
Consultants (Exhibit J), estimated the total parking demand based on land use and anticipated
management/control of the of the shared structured parking. Understanding that below ground
parking design is a more efficient use of the site and achieves a predominantly pedestrian
environment that both staff and the applicant desire, staff's primary goal is that the below grade
parking is sufficient, effective, safe and convenient for the public.
Based on the information reviewed, staff supports the proposed parking ratios for the
Hotel/Timeshare/Standard Commercial and Incidental Commercial Uses. Staff's rationale for
supporting these ratios is based on the "shared use parking" methodology used in the analysis,
including the adjustments made for mode split, captive rate, and hypothetical peak hour
demands, and the proposed parking operations plan which made for a compelling argument in
favor of permitting parking ratios that are to varying degrees lower than the AMC.
Although the analysis provided states that statistical research data on Timeshare and Condo-
tels is relatively limited, the comparable rental-type residential data used supports the proposed
time-share parking ratio of 1.5 spaces per unit, before adjustments made for mode split. Mode
split is the percentage of patrons or employees that arrive to the development via rental car,
taxi, or Colorado Mountain Express (CME). The applicant has provided data from the Eagle
County Airport along with data provided by CME. The data explains visitor travel behavior in
terms of the percentage of visitors that fly versus those that drive for each guest type. The
model then takes that percentage of visitors that fly and generates a percentage of visitors who
rent cars versus those that take a shuffle form the airport (Sections 1 and 2). Using these
percentages, the model then calculates the projected percentages of owners/users that will
have a car during their stay and therefore require a parking stall.
Additionally, staff agrees with the findings that the AMC fails to directly account for captive rates.
Captive rate is the percentage of customers who may utilize a land use but are already parked
on-site for another use. For example, a guest of the hotel who utilizes the spa area or
restaurant would not generate additional parking demand. To some extent the 15% mixed-use
reduction being requested accounts for captive rate in a broad sense. Nonetheless, the
proposed ratio for all shared uses (lot 1-3), is acceptable to staff. Its important to note that the
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
The Confluence PUD- Amendment to the 1998 PUD approval
January 17, 2006 Planning & Zoning Commission meeting Page 11 of 20
obvious correlation if the plan excludes them entirely. Because of this disagreement on the
minimum whole ownership parking ratio, staff is recommending Condition #2(a).
Staff is also not supportive of the recently added ratio for profession office that is applicable to
the office use anticipated for level 5 of the hotel. There is no rationale for this space to be
parked at a different standard than other professional offices, which are categorized as
Standard Commercial and parked at 5/1000. Therefore, staff is recommending Condition #2(b).
The other items that staff had objected too have been resolved accordingly. Because staff feels
that compact spaces are functionally incompatible with the type of vehicles used in our
mountain resort community and cause poor circulation and parking experiences for the users in
all structures that are constructed in this area, the applicant has agreed to limit the number
compact spaces for entire project to 10 %. Furthermore, the applicant has agreed to limit the
fifteen percent (15 %) reduction for 'shared parking' to Lots 1, 2 and 3.
Please refer to the parking analysis dated November 10th, 2005 for a comprehensive description
of these terms and other assumption made.
5. Meeting Space
Within the hotel, the original Riverfront application proposed 5,000 square feet of meeting
space. This proposed meeting space is in lieu of the current PUD requirement to provide a
15,000 square foot conference center on the Confluence site.
Further refinement of this space by the applicant has the conceptual meeting area proposed as
3,400 gross square feet, and the PUD Development Plan proposes a minimum of 3,000 fross
square feet.
The applicant has suggested that this smaller meeting space is nonetheless 'activated' by an
adjacent public wellness center and a preliminary proposal to bring VVMC Steadman Hawkins
to the same floor- essentially compensating for the smaller area through good visibility and
proximity to medical /health facility. It is their expectation that the space will be used for smaller
conference /banquet opportunities, and medical /health conferences in connection with the
wellness facility. The proposal for a 3,000 square feet minimum is acceptable to staff in light of
the design of the facility in concert with the public spa and wellness center, particularly the
VVMC Steadman Hawkins medical facility. The Town has no guiding policy on minimum
meeting space, and there appears to be no discernable rationale for a larger conference facility
as originally proposed in 1998.
6. Connectivity with Town" Center
As already discussed, the application is proposing to remove the requirement for a separated
grade crossing in lieu of the 2 at grade crossings that the Town has applied for.
While the two at -grade crossings are clearly the preferred means of connectivity to the Town
Center, we should consider the possibility that an application may be made in the future to close
one or both of these crossings- if they are even approved. Currently, the recommendation to
approve both crossings by the state Public Utilities Commission is under appeal to the
Commission. The development agreement is proposed by staff to require either (1) a 1.5 million
Capital Improvement Fund 'bank' by RETT generated through the project, or, (2) an insurance
indemnification held by East West in the event that one or both at grade crossings are required
to be closed or grade separated.
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
The Confluence PUD- Amendment to the 1998 PUD approval
January 17, 2006 Planning & Zoning Commission meeting Page 13 of 20
The rebate was limited so as not to exceed a fifteen (15) year term, however, the intent of the
rebate was to fund a parking structure ( "parking improvement project") on the Confluence, Lot C
and Lot B respectively. It was assumed that by subsidizing the capital investment required to
create structured parking, and for the Confluence in particular structured parking for day skiers,
the developer would be able to deploy a 20 mill levy (out of 45 mills possible under the service
plan) to finance and construct a 15,000 square foot Conference Center.
The applicant has proposed deleting al/ existing rebate provisions in lieu of asking for the Town
for a cumulative $3.8 million dollar capital contribution for what they consider public
improvements to the project, including the railroad crossing intersections, the public plaza,
upgrades to the Hurd Lane intersection, the riverfront park, and the western access. They are
also requesting an annual contribution of approximately $280,000 to the operating expense of
the gondola and the public restrooms combined. In total, this request is based on the limited
bonding capacity of the District when re- deploying the mill levy to construct a high -speed
detachable public gondola -, which is not included in the request for public funding.
In reviewing the proposal with our financial consultant, he has made the following significant
observations and recommendations (also summarized in his October 4, 2005 memo to Larry
Brooks- Tab 13 in the application):
The Town should base the proposed financial model and build -out of the proposal on the
"Conservative Case Rental and Average Daily Rate (ADR) and Moderate Build -out
Assumptions ".
The request for operational funding of the gondola should be tied to the build -out of the
hotel /timeshare portion of the project, so that should the Town choose to fund the
operations, it is only fully funded commensurate to when the main hub of hotel activity
and bed base is constructed and on -line. Also, savings proposed on the Town bus
service are contingent upon the approval and availability of the railroad crossing at the
transit hub location.
Should the Town decide to partner with East West on their funding request for public
improvements, the Town should request the developer to `front end' those costs and be
reimburse as RETT revenues are collected by the Town.
Staff will continue to work with the Town Manager, the Town financial consultant, and the Town
Attorney to ensure that the development agreement and PUD plans accurately reflect whatever
financial arrangement for capital funding partnership is realized by the Town. We will also
encourage the Council to limit any consideration to reimbursements through RETT revenues for
public improvements to correspond to the proposed phasing of the project.
Though our financial consultant has indicated that the current proposal, even if capital
contribution for public improvements is agreed to by the Town, is very favorable, staff would
remind the Commission that it is critical to your review role to provide Town Council with an
informed review of the land use and development plan design issues for consideration in light of
the significant potential financial benefits of the proposal. Please consider that the economic
function of the project and the projected benefit of one scenario versus another comprises only
one aspect of a total review of the land use proposed and should be so measured in your
recommendation to the elected policy body.
Staff has attached a summary of the business points developed by the Town Manager that will
comprise the content of the development agreement as Exhibit K.
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
The Confluence PUD- Amendment to the 1998 PUD approval
January 17, 2006 Planning & Zoning Commission meeting Page 15 of 20
• Conformance with the 1996 Comprehensive Plan goals and objectives. The table
below itemizes the policies included in the 1996 Plan that staff considers to be
applicable to the subject property. (Also attached to the report, as Exhibit G are the
pertinent sections of the draft Comprehensive Plan, as the applicant has voluntarily
addressed the draft district planning principles for the project as proposed.)
Compliance
Land Use Policy Development and redevelopment will be of
A1.1 a scale and intensity appropriate for the X
neighborhood in which it is located.
Policy Flexible zoning such as Planned Unit X
A1.3 Developments (P.U.D.) should be
encouraged where it results in more
effective use of the 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.
Policy Parcels of land to be annexed will be X
A2.1 master planned, in conformance with the
Land Use Plan and Design Standards, and
clearly show physical, visual and functional
connections with the existing Town.
Policy The Town will, to the extent practicable, X
A2.4 coordinate its land use policies and
regulations with other local jurisdictions.
Policy Encourage mixed -use development X
A3.6 throughout the community, where
compatible with existing neighborhoods, to
more efficiently use land.
Policy The Eagle River should be maintained as a X
A3.8 riparian corridor. New development and
redevelopment should be compatible with
the riparian environment.
COMMUNITYAND
Policy
Commercial areas will be supported
X
ECONOMIC
81.2
through creation and maintenance of
DEVELOPMENT
effective vehicle access and parking, transit
services, all- season pedestrian and non -
motorized vehicle access, and consistent
a lication of design standards.
Policy Public and private new development and X
B1.3 redevelopment, including buildings and
public ways, will be designed and
maintained to effectively accommodate
persons who are temporarily or
permanently impaired in sight, hearing, or
mobility, dependent on wheelchairs,
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
The Confluence PUD- Amendment to the 1998 PUD approval
January 17, 2006 Planning & Zoning Commission meeting Page 17 of 20
trails, open s ace and recreation pur oses.
(2) Conformity and compliance with the overall design theme of the town, the sub -area
design recommendations and design guidelines of the Town.
The project is generally compliant with the overall design theme of the town, the sub -area
design recommendations, and design guidelines. However, final adoption of the PUD
development plan standards must include sufficient minimum design detail to determine
specific compliance. Therefore, finding of this design criteria is conditional upon
incorporation of approved minimum design standards in the Riverfront subdivision PUD
Development Plan before final adoption by the Town.
(3) Design compatibility with the immediate environment, neighborhood, and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character, and orientation.
The project is generally compliant with the immediate environment, neighborhood, and
adjacent properties relative to architectural design, scale bulk, building height, buffer zones,
character and orientation. However, final adoption of the PUD development plan standards
must include sufficient minimum design detail to determine specific compliance. Therefore,
finding of this design criteria is conditional upon incorporation of approved minimum design
standards in the Riverfront subdivision PUD Development Plan before final adoption by the
Town.
(4) Uses, activity, and density which provide a compatible, efficient, and workable
relationship with surrounding uses and activity.
The proposed PUD uses, activities, and density provides for a compatible, efficient and
workable relationship with surrounding uses and activities in the Town core. The project
respects the natural riparian and river environment that bounds it on the south, deeding this
property to the Town as open space while at the same time creating a project of the type of
density and land use pattern that is supported by the Town's master plan policies.
(5) Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
The application identifies, avoids and /or mitigates natural hazards that affect the property
upon which the PUD is proposed.
(6) Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
Site plan, building design and location and open space provisions are generally designed to
produce a functional development responsive and sensitive to natural features, vegetation
and overall aesthetic quality of the community. However, final adoption of the PUD
development plan standards must include sufficient minimum design detail to determine
specific compliance. Therefore, finding of this design criteria is conditional upon
incorporation of approved minimum design standards in the Riverfront subdivision PUD
Development Plan before final adoption by the Town. Additionally, this criterion is
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
The Confluence PUD- Amendment to the 1998 PUD approval
January 17, 2006 Planning & Zoning Commission meeting Page 19 of 20
Adequacy of public services such as sewer, schools, transportation systems, roads, parks,
and police and fire protection has been evidenced by the application. However, the
adequacy of water is yet to be determined and must be evidenced prior to approval of final
plat.
(11)That the existing streets and roads are suitable and adequate to carry anticipated
traffic within the proposed PUD and in the vicinity of the proposed PUD.
The existing streets and roads are suitable and adequate to carry anticipated traffic within
the proposed PUD and in the vicinity of the proposed PUD, however the traffic projected
was a worst -case scenario in the instance that the railroad crossings were not secured.
Therefore, finding this criterion approvable is conditioned upon permanent access across
the rail corridor being guaranteed by the developer.
(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:
A. The application demonstrates a public purpose which the current zoning
entitlements cannot achieve.
The proposed PUD Amendment offers significant public benefits to the Town
by way of the positive economic impacts described in the fiscal impact
analysis prepared by Stan Bernstein. The economic model (see attached)
generally indicates increased property tax revenues, increased real estate
transfer tax revenues, increased accommodation tax revenue, and increased
retail sales tax revenues. The current entitlements cannot demonstrate the
same financial benefit as a result of a significant rebate provision.
Along with the significant economic benefits to the Town, the long -term
preservation approximately 5 -acres of the Eagle River by way of dedication to
the Town ensures the protection of some the longest riparian area left
undeveloped in the Town boundary.
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.
As noted above, the long -term economic benefits discussed in both fiscal
impacts analysis provided in the application describe significant positive
economic impacts to the Town over a relatively long period of time. The site
plan is a more efficient and sensitive use of the site than the existing zoning
rights and entitlements provide, and thereby creates benefits that outweigh
those of the existing zoning rights.
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.
The existing PUD contemplated a large surface parking lot that account for
nearly 1/3 of the site, a bridge across the Eagle River for connection to
Highway 6, and no direct access to the Town Center. The proposed PUD
would utilize below ground parking in lieu of surface parking, eliminate the
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
TOWN OF AVON
PLANNING & ZONING COMMISSION
-11 I i 1i
A RESOLUTION RECOMMENDING APPROVAL OF A PUD AMENDMENT
APPLICATION AMENDING THE CONFLUENCE PUD, AS MORE SPECIFICALLY
DESCRIBED IN THE APPLICATION DATED AUGUST 8, 2005.
WHEREAS, East West Partners Inc. has filed 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 a public
hearings on October 18th, November 1, November 15th, December 6th, 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 and Development Agreement; and
WHEREAS, following such public hearing, 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;
WHEREAS, 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:
1. Conformance with the Town of Avon Comprehensive Plan's and Town
i'
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
17.20.110H(2);
3. The project is compatible with the immediate scale and character of
existing properties in the vicinity. 17.20.11OH(3);
4. This PUD Amendment application is responsive and compatible to the
existing surrounding land -uses. 17.20.110H (4);
5. The PUD Amendment application has identified and proposes to mitigate
or avoid natural or geologic features. 17.20.110H (5);
6. The site plan, building design and location and open space provisions are
designed to produce a functional development responsive and sensitive to
i
natural features, vegetation and overall aesthetic quality of the
community. 17.20.11 OH (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. 17.20.110H(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.
17.20.110H (9);
10. Adequacy of public services such as sewer, water, schools, transportation
systems, roads, parks, and police and fire protection has been established.
17.20.11 OH (10); and
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).
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 RESOLVED, that the Planning and Zoning Commission hereby
recommends approval to the Town Council for the amendment of the Confluence PUD
Amendment application dated August 8, 2005 with 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
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
i
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 -0 L
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.
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.
I. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in public
hearing(s) shall be adhered to and considered binding conditions of approval.
ADOPTED THIS 17`fi DAY OF January, 2006
Signed:
Chris Evans, Chair
Att t:
Phil Struve, Secretary
Date: I I q l 6 6_
Date:
Exhibit "A" to Resolution 06 -01
Riverfront Subdivision Minimum Design Standards
The (Westin) Riverfront Subdivision Design Standards, incorporated on the PUD
Development Plan, shall include minimum standards for the design that will supplement
the Town of Avon Design Review Guidelines. The approval of these Design Standards
shall be required and incorporated as part of the PUD Development Plan final approval.
Design standards shall address the following areas:
Architectural Goal and Objectives:
Project: Establish theme and quality for the entire project, define the predominant style
and characteristics of buildings and the interface with both public spaces, predominant
views and the natural environment.
Site Design:
Solar Access: A solar access study shall be required for buildings exceeding 3 stories
located in the subdivision.
Building Entry: General requirements for emphasis on building entries.
Site materials palette: A list of suitable materials and colors for all public plaza areas,
including facing material for all necessary retaining walls.
Building Height, Massing & Scale:
Street/Pedestrian Level, All Buildings: Defined minimum window areas, materials
palette, and minimum use of stone on each building.
Wall Facades, Public Plaza: Define maximum height for all building facades fronting the
public plaza, and an identified minimum setback at a horizontal elevation above that
height.
All Buildings: A defined maximum percentage of wall planes, a defined minimum break
in wall planes for all elevations.
Maximum Heights, All Buildings: Define maximum percentage of ridge heights that may
be at the allowable height, a defined minimum setback of those ridges from the public
plaza.
Exterior Walls and Surfaces:
Materials: Material palette, color palette, prohibited materials.
Retaining walls: Facing material and color palette.
All buildings: Prohibited materials and finishes, minimum materials on all elevations.
All buildings: Material and color palette, minimum detailing, construction technique, and
size /proportionality guidelines.
All buildings: Minimum roof pitch, roof material palette (including LRV), maximum
uninterrupted roof planes, minimum overhang length
Signs:
Project: General style, materials and color palette to form the basis of a Master Sign
Program for the entire project.
Town of Avon Planning & Zoning Commission Meeting
VON Minutes
C 0 L 0 R A D 0 January 17, 2006
1. Call to Order
The meeting was called to order at 5:40 pm.
11. Roll Call
All Commissioners were in attendance.
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
and the December 20, 2005, Planning & Zoning Commission Meeting Minutes
Commissioner Savage motioned for the approval of the Minutes from the December 6 and
December 20, 2005 Planning and Zoning Commission Meetings; Commissioner
Green seconded and the motion passed unanimously.
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.
Tambi Katieb presented the Staff Report to the Commission in summary, noting the areas of
review in each attached staff report from the last three staff reports over the review of the
project over six months, and reviewed the basis for staff recommendation of conditional
approval. Staff recommended that the applicant review the final proposal and the PUD
Development Plan, and that staff would then review each recommended condition and what it
was intended to address in the proposal. This meeting was to be a review of the final
refinements of the PUD and the PUD Development Plan, the guiding document for the project.
Chuck Madison, East West Partners, approached the podium to discuss the project and began
by describing the project's evolution, and what areas have been refined through the Planning &
Zoning Commission and staff review process. He reviewed the benefits of the proposed
gondola and the proposed hotel to the Town. He continued that the tract of land by the river
would be deeded to the Town for open space and a riverfront park. Mr. Madison continued that
the bike path would be widened to 12 feet from its current 10-foot width and that a permanent
easement would be established for public access to the gondola and to maintain the view
corridor. He continued with the proposed improvement to Avon Road by eliminating the large
retaining wall, creating additional bike access to Benchmark Road, and economic benefits of the
project to the Town of Avon.
Mr. Madison discussed the changes made to the project through the Planning and Zoning
Commission process that included the enhancement of the architecture of the hotel by
adjustments to height and massing. Building heights were detailed in the presentation, river
setback was increased to 75 feet from 50 feet, and site coverage change from the original PUD
was changed from 75% to 20% on the site and pedestrian access was improved. Mr. Madison
continued that parking for the public was increased by 6 and there was better connectivity of the
bike path on the site. Cul de sacs would permit access should railroad reactivate. Mr. Madison
concluded his presentation and overall project review.
OPEN PUBLIC HEARING
The Commission opened the public hearing. Peter Buckley, Avon registered voter and taxpayer,
questioned the kayak put-in and take-out at the proposed Whitewater Park, the PLIC final
decision, and the number and cost of parking for the public on the site. Mr. Madison responded
it was the intent to provide public access for the purpose of kayaking, and described the public
parking available to guests of the project and trail users. Mr. Katieb answered a Commission
question that a final PLIC decision should be made within the next three months or so, and Mr.
Madison shared that the cost of parking has not been decided as yet but that there might be
charges during the winter season and it might be free during off season.
Tambi Katieb began the discussion of the recommendations of the Staff Report, describing the
areas that each condition was intended to address in three general areas of the PUD
Development Plan, which represents the guiding land use document for the project.
Condition #1 dealt with the language of the PUD Development Notes regarding General Notes
#7a, 7b, and 7c and the need for clarification based on what staff wished to see preserved in the
view corridor. Commissioner Buckner questioned the gondola in the view corridor and Mr.
Katieb responded that it was an acceptable encroachment for the benefit of the public to identify
and have visible for access. Discussion was had on the exact width, and staff and the
Commission found that a 55-foot corridor was acceptable and allowed for a planned break in the
wall plane for the hotel. Condition #1b was discussed and after deliberation the condition was
revised. Commissioner Evans queried the two Starwood Real Estate offices and Mr. Madison
responded that one was a temporary office and would be abandoned when the office in the
Time Share building was CO'd and that there would be no more than two real estate offices
operational at the public plaza.
Linear square footage of commercial retail and parking were discussed in length. The
Commission and staff were presented a scheme that showed exact locations of a SSF and SMV
realty office and wished to limit the locations of all offices on the public plaza. Mr. Katieb noted
that this was intended to enhance a place-making experience. Condition #1C was discussed,
and after deliberation, was deleted since the plaza would be platted and the view corridor was
resolved already. Mr. Katieb clarified a staff request for language on ConditionflD and
discussed the solar access study goals of #1 E. Condition #IF was discussed, and the building
heights were tied to the development plan and final approval of the design standards.
Staff had no objection to this approach if the heights were finally approved through the design
standards and the design review approval process to the satisfaction of the Commission.
Staff discussed the goal of the design standards and all were in agreement on this
recommendation (#1 G).
Condition #2 addressed parking concerns, which included setting an inappropriate precedent of
parking spaces; too little parking would create unhappy owners, and the Commission felt the
impact of the parking did not impact the town as it would the Confluence site, and office parking
should be under the commercial category since the ratio was higher than the Municipal code
requirements. Mr. Madison commented that it would be a $3 million cost for additional parking
under the water table. Staff discussed the greatest variation by use and after further
Commission comment, the parking conditions were deleted. Conversation continued with the
"covenant" word issue and its financial impact to East West Resorts. Mr. Katieb relayed it was a
concern for the Town's attorney to review and deferred comment.
Condition #3 addressed General Conditions and conversation included Water Rights, Master
Landscaping Plan, parcels to be deeded to the Town and other items to provide a clean PUD
Development Plan. Norm Wood discussed Water Rights with the Commission and revealed
that Town Council would address this issue, and both Conditions #3a and #3b were requested
for deletion by staff. Mr. Madison questioned the timing of the construction of the cul-de-sacs.
The rest of the conditions were reviewed by staff and there were no questions. Commissioner
Green requested the addition of conditions to add incentive to allowing more commercial in the
future and revising General Note 12 on the PUD Plan.
CLOSED PUBLIC HEARING
Commissioner Savage moved to approve Resolution No. 06-02 recommending approval of the
Subdivision Variances and Preliminary Subdivision Plan for Riverfront Subdivision in
conjunction with the Confluence PUD Amendment as more specifically described in the
Application dated August 8, 2005, with the following changes and 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
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.
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 "X 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.
Commissioner Struve seconded the motion. All commissioners were in favor and the motion
passed 7— 0.
X11. Other Business
A. Tambi Katieb revealed to the Commission the hiring of a GIS Planning Analyst to the
Community Development Department.
VIII. Adjourn
Commissioner Savage motioned to adjourn. All Commissioners were in favor. The meeting was
adjourned at 8:45 pm.
Respectfully submitted,
Ruth Weiss
Recording Secretary
Chris Evans
Chairman
Phil Struve
Secretary
I J� L:4 I I M
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood,
Date:
Iff -M
Town Engineer
r
February 8, 2006 `
Resolution No. 06 -09, Series of 2006, A Resolution Authorizing the Filing of
Statements of Opposition to Water Rights Applications 05CW262 and
05CW263 Filed by the Town of Minturn with the Water Court for Water
Division 5
Summary: The Town of Minturn filed two water rights applications with the Water
Court for Water Division No. 5 in December, 2005. These water rights applications are
described in the attached Memorandum (Exhibit 2) from Gary Greer, Town of Avon water
attorney. Gary also consulted with Leonard Rice Engineers, the Town's water engineers with
respect to the applications. Based on their review they have recommended that the Town of
Avon file statements of opposition in both cases. These statements are not necessarily hostile
to the applicant but will afford Avon an opportunity to remain informed about the progress of
the cases and to have a place at the table in the event of negotiations among Minturn and other
objectors.
Resolution No. 06 -09 (Exhibit 1) authorizes the filing of these statements of opposition and is
recommended for approval.
Recommendation: Approve Resolution No. 06 -09, Series of 2006, A Resolution
Authorizing the Filing of Statements of Opposition to Water Rights Applications 05CW262
and 05CW263 Filed by the Town of Minturn with the Water Court Division No. 5.
Proposed Motion: I move to approve Resolution No. 06 -09, Series of 2006, A
Resolution Authorizing the Filing of Statements of Opposition to Water Rights Applications
05CW262 and 05CW263 Filed by the Town of Minturn with the Water Court Division No. 5.
L \EngineeringMaterMater Rights \Miscellaneous\Res 06 -09 Memo.Doc
Town Manager Comments:
t
ry ---. *' �� F „P�.�" �;. 'A y'� t��!c:- �.'. -i "L..s'r �,.. �X..,rs. -rL.^ Ir✓Z.'j y,c _ gp .
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Attachments:
Exhibit 1: Resolution No. 06 -09
Exhibit 2: Memorandum from Gary Greer Re: Minturn Water Rights Application
l:AEngineering \Water \Water Rights \Miscellaneous \Res 06 -09 Memo.Doc* Page 2
TOWN OF AVON
RESOLUTION NO. 06 -09
Series of 2006
A RESOLUTION AUTHORIZING THE FILING OF STATEMENTS OF OPPOSITION
TO WATER RIGHTS APPLICATIONS 05CW262 AND 05CW263 FILED BY THE
TOWN OF MINTURN WITH THE WATER COURT FOR WATER DIVISION NO.5
WHEREAS, The Town of Minturn has filed two water rights applications with the Water Court
for Water Division No. 5 in December 2005, 05CW262 and 05CW263; and
WHEREAS, the Town's water attorney and water engineer have reviewed the applications and
have recommended the Town file a statement of opposition in both cases; and
WHEREAS, these statements are not necessarily hostile to the applicant; and
WHEREAS, filing of these statements will afford Avon an opportunity to remain informed
about the progress of the cases and to have a place at the table in the event of negotiations among
Minturn and other objectors.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, hereby authorizes the filing of statements of opposition to Water Rights
Applications 05CW262 and 05CW263 filed by the Town of Minturn with the Water Court for
Water Division No. 5.
ADOPTED THIS DAY OF
►7day
Patty McKenny
Town Clerk
, 2006.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
I:AEngineering \Water \Water Rights \Miscellaneous \Res 06 -09 Minturn Water.doc
MUTUTINIMMY-01M
To:
Norman Wood
From:
Gary Greer
Date:
February 6, 2006
Re:
Minturn Water Rights Applications
The Town of Minturn filed two water rights applications with the Water Court for Water
Division No. 5 in December, 2005, 05CW262 and 05CW263. Statements of Opposition may be
filed at any time prior to the end of February, 2006. We have examined the applications and
have consulted with Leonard Rice Engineers concerning them. It is our recommendation that the
Town of Avon file statements of opposition to both applications.
Case No. 05CW262 involves a request for approval of a change of point of diversion of
the Minturn Water System Ditch, which was originally decreed on June 5, 1916 with an
appropriation date of April 1, 1912 for 7.0 c.f.s. from Cross Creek. This right also has a decreed
alternate point of diversion for 1.0 c.f.s. from the Eagle River. Minturn would like to establish
additional alternate points at a number of wells located on either side of Cross Creek. The
amounts that could be pumped from the wells would be limited to the amounts available from the
original point of diversion at the Cross Creek headgate. In addition Minturn wants a change of
point of diversion for two existing wells that can pump up to 0.5 c.f.s. each.
Case No. 05CW263 involves a new ground water appropriation for the Minturn Well
Fields No. I and No.2 located alongside Cross Creek and the Eagle River. The amounts claimed
will be a cumulative not-to-exceed number of 2.5 c.f.s. An appropriation date of September 6,
2005 is claimed for the well fields. Hence, they would be senior to the Avon RICD. Well water
would have to be used within the Minturn service area.
After consultation with Leonard Rice Engineers we recommend that Avon file a
statement of opposition in both cases. These statements would not necessarily be hostile to the
applicant but would afford Avon an opportunity to remain informed about the progress of the
cases and to have a place at the table in the event of negotiations among Minturn and other
objectors.
I lih
To: Mayor & Avon Town Council
cc: Larry Brooks, Town Manager
Jacquie Halburnt, Asst. Town Manager
From: Patty McKenny, Town Clerk
Date: February 9, 2006
Re: Eagle County Clerk & Recorder — Request to use Avon Municipal Building as
Polling Location
Summary:
Attached is a request from Eagle County Clerk & Recorder, Teak Simonton, to use Avon's Municipal
Building for the polling location for Precincts 15 & 19 during both the Primary Election, August 8th and
the General Election, November 7 th
Background: -
Teak notes that the Avon Municipal Building served as the polling location for both precincts 15 & 19
in 2004. Prior to that Avon Elementary School served as the polling location. She details in her
letter why the school no longer serves that function.
Discussion:
There is a conflict for both dates in that there is a regularly scheduled Council Meeting on August 8th
and a regularly scheduled Planning & Zoning Commission meeting on November 7th. In order to
provide the room, both meetings would need to be either changed to another date, another location
on the same date or cancelled. In the past there have been council meetings scheduled at the
Wildridge Fire Station and this may present an opportunity to do that again on the August 8th date.
And the P&Z Commission has met before at the Avon Public Library or the meeting has been
cancelled.
Staff is looking for Council input so that a final decision on this request can be made.
TEAK 1. SIMONTON
Eagle County Clerk & Recorder
February 8, 2006
Peth/K8CKenny
Town OfAvon
P[) Box Q75
Avon, CO8103O
Dear Patty,
EAGLE COUNTY
PO Box 5B
500 Broadway
Eagle, Colorado 8|63|-O5]7
(970)328-87|O
"mwv^eaglecouncyvs
Recording: (97O)3Z8-872]
Fax: (97O)]28-87|6
TDD: (970) ]28-8797
2006 kSG partisan election year. There will h8a Primary Election OO August 8th and 8
General Election on November 7 th . Both elections will be held as polling place elections.
The Town of Avon graciously allowed the Municipal Building to function as3polling
location for precincts 15 and 10in2OO4' and it worked out extremely well. There was
adequate space for voting and adequate parking. VV8 would appreciate the Council
allowing the Municipal Building t0 be used again this year for the S8[De precincts.
"
Prior b] using the Municipal Building for these precincts, polling took place iO1SS0,2O0O,
and 20O2at the Avon Elementary School. |D2003 the principal Of Avon Elementary
School declined tO allow the use Of the school for polling citing the additional vehicle
traffic was a prOb|8Dl with SU many children vvG|hinQ in the vicinity of the SChOO|. The
Avon Library was approached @S@D alternative site but they declined 8swell. As you
can see our options are very limited.
There are @ total 0f3SS1 people registered iD precincts 15 and 18' and Of that number
3954 are residents Ofthe Town OfAvon. |tisDly hope that you can find 8 way tOonce
again accommodate Eagle County and the citizens Of Avon bV providing your meeting
n}0Dl as 8 polling place for both 2000 8)8[tiOnS.
I appreciate your consideration and support.
Sincerely,
/
Teak J.Simonton
Clerk and Recorder
1L1:4 1_11J
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Jacquie Halbumt, Assistant Town Manager
Date: February 9, 2005
Re: Avon Post Office Update
Summary: Avon's Postmaster, Matt Curry, attended your last meeting to discuss the
possibility of home mail delivery via cluster boxes. The information he provided was somewhat
incomplete; therefore, Staff has continued to investigate the possibility of cluster box delivery. I've
spoken with the Edwards and Eagle Postmasters, as well as a representative from Operations Support
at the LISPS Colorado/Wyoming District Headquarters, who would approve a request for cluster box
delivery.
Instituting cluster box delivery in Avon might be possible if the community is willing to overcome the
obstacles involved. The LISPS approved Avon for home mail delivery several years ago. Now it
would be a matter of the LISPS providing route approval along with appropriating the additional
money to cover their expenses. There are a lot of details, along with time and money, which would
have to be settled before a request was made.
- According to all of the LISPS employees I've spoken with, government has not typically paid for the
installation of cluster boxes. Developers and property owners' associations are responsible since they
are the ones requesting the delivery.
-In the case of a new development, Eagle Ranch for instance, it is easier for the developer to install
cluster boxes on his land. In the case of Eby Creek in Eagle, (north of the interstate) the property
owners' association is paying for the cluster boxes. The land to install the boxes has been provided by
both the county and the property owners' association for the 10 -15 planned locations.
- Therefore, if the Wildridge property owners wanted to get together and agree to pay for the boxes,
Avon would most likely need to provide the ROW or other designated area of land to accommodate
the installation and parking.
-Once that was agreed upon, we would have to ensure all streets and houses are appropriately and
clearly labeled. We would also have to create a route map with the Postmaster. All of this would
have to be approved by the LISPS HQ office in Denver.
-One important issue to consider is that the USPS offers one form of free delivery to its customers.
For Avon residents, it is currently a free PO Box. If cluster box delivery was offered to Wildridge, it
is offered to the entire subdivision. If some of the WR residential complexes deny cluster box
delivery and do not pay their fair share of the installation costs, they would then be required to pay for
a PO Box at the Post Office. Their form of free delivery would be cluster box delivery. This exact
scenario has taken place with the Reserve in Edwards. Cluster box delivery was offered to the
complex because they are on the USPS "service line." The association denied the offer and the
residents now must pay for a PO Box in Edwards. For this reason, Staff believes the majority of
homeowners in a subdivision should demonstrate they are interested in cluster box delivery for
Council to consider submitting a request to the USPS.
-Staff estimates there are approximately 2105 Dwelling Units in the BMBC subdivision; 301 in the
Eaglebend Subdivision; 68 in the Brookside Park Subdivision; 47 in the Mountain Star Subdivision;
139 in the Nottingham Station Subdivision; 54 in the Riverside Subdivision and 590 in the Wildridge
Subdivision. These figures do not include commercial and retail units.
-Staff has not calculated any potential land and planning costs to the Town. We wanted Council to
first digest the new information and engage in a discussion over the merits of cluster box delivery.
• Page 2
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JANUARY 24, 2006
/\ RegU|@[ meeting of the Town of Avon, C0|O[8do VVGS held at 400 BeOdlnO8rk Road, /\VOO.
Colorado iD the Council Chambers.
Mayor Ron Wolfe called the meeting to order 8t5:3U PM. A Rd| call was taken and Council
Ol8Dlbe[s present were Debbie Buckley, KhSti FernanD, K83C MCOevkt, Amy PhiUipS, Bh@O Sipes
@Od-[@Dlr@ Underwood. Also present were Town Manager Larry BrOOke, Town Attorney John
OuOD. Asst. TOVVO K88O8Qer J@Cquie Ha/bUFOt, TOVVO Clerk Patty K8CKenny. Finance [)ineCtO[
Scott Wright, Police Chief Jeff Layman, lFOVvO Engineer NO[0 VVOOd' Public Works / Transit
Director Bob Reed, and Community Development Director T@0biK8tieb.aS well 8S members 0f
the press and public.
Approval of Agenda
DjmoYosmrm of F»otemhm8 of Conflict of |oKemamt
TOVVD Attorney John Dunn noted the site visit that took place during the work session at the
confluence, parcel; the conduct of the meeting was limited to an explanation by the applicant of
the proposed amendment iO the pUD8s well aS answering any questions. Dunn asked ifthere
were any eXp@rteconversation related tVthose items oO the agenda with public hearings, i.e.
Ordinance NO. 00-01' (]rdiO8DCe NO. 08-02 and Ordinance NO. 08-05. Councilor Sipes and
[|OUDCi|O[ F8[[a[V noted their conflicts with {][diOaOCe No. 08-03' ReGO|UbOnG NO. 06-07 and 08-
08; both members vvOU|d step dOVvO for discussion OD that topic. Councilor Phillips noted that
her employer has an advertising agreement with East West Partnere, a contract that she
initiated. There were no concerns expressed about those disclosures. Staff asked that the
order Of the agenda change slightly ƒOaccommodate finishing the discussion OO Ordinance No.
06-01' whereby Resolutions related to that discussion be held prior to 0OViOg to the next
Ordinance related tO the confluence PUDamendment.
T80bi P{8Ueb introduced Jennie HUnSByGS the newest member VfCommunity O8Ve|np0eOt.
filling the position OfG|Sprogrammer.
Ordinances
Matt Pie/sticker' Planner presented Ordinance NV. 00-01. Series of 2006, First Reading, An
Ordinance Approving an Amendment to the Wildridge Planned Unit Development for Lot 44 and
LO[ 45, Block 4, VVi/dridQe SVbdixiSiDO, AVOO' E@Q|8 C0UOiy, Colorado. He noted that this PUD
amendment iS3request to allow for three (detached) single-family residences iO place OfGtwo
duplex structures; |oC@tiOO is 5123 &5129 Long Sun Lane. He explained the application in
detail noting the reasons staff recommended denial. Garn Eckert, the opp|iomnt, addressed the
Council DOUOg that some nliOO[ modifications have been made. Mayor Wolfe noted that any
changes to the app|iC@bOO should have been reviewed first by the Planning & Zoning
Commission; the Town Attorney, the Community Development Director and the applicant all
CODCU[[8d with that statement. Mayor Wolfe opened the public hearing, no CornnlBnts were
Dl8de. and the hearing was closed. Councilor Sipes moved to remand this @pp|icGUOO
amendment to the VVi|dridg8 Planned Unit Development for Lot 44 and LO[ 45' E]/0Ch 4,
VVi|d[idge Subdivision, Avon back to the Planning & Zoning CO[nrniSSiOO. (}oUnCi|Vr Phillips
S8COOded the DlOdOD and it passed UD@OiDlnUS|y. Mayor Wolfe noted that both Resolution No.
00-08. Series Of 2006' Resolution Denying the Amendment to the VVi|d[idge Planned Unit
Development for Lot 44 & Lot 45, Block 4, VVi|d[idQe Subdivision, and R8So|UU0n NO. 06-05.
Series 0f2OO8./\ Resolution Denying Preliminary Subdivision Plan For /\ReSubdiViai0nOfLots
44 & 45, Block 4, VVi|d[idge, TOVvO Of Avon, Eagle County, C0|Or8dV be removed from the
agenda 8[ this time.
Town Attorney John DUOO presented Ordinance NO. 08-02. an C}ndiDaDCe on second reading
amending {}[diOaOCe NO. 05-02. relating to the Chateau Et. Claire Planned Unit Development.
Dunn provided an update on what documents are now required from the applicant. Chris Payne addressed the Council representing the applicant. He noted that the construction schedule and
true commencement on the project is slated for March, at which time the performance bond will
be submitted. Mayor Wolfe opened the public hearing, no comments were made, and the
hearing was closed. Councilor Philips moved tOapprove OD SeCODd reading {JndiD8nC8 N0. 05-
02' relating to the Chateau 8t. Claire Planned Unit Development. Councilor Sipes seconded the
motion and it passed with 8 four tV two vote (Ferraro & Underwood n8v\.
Councilors Sipes & Ferraro left the meeting Gt this time. Mayor Wolfe presented 8Dintroduction
to the Rim8rfront Subdivision Project noting that S8ve[o| meetings xvOu|d likely occur on this
application. It was noted that the application VvoV|d |ih8|y be tabled at this time. T8nnbl K@b8b'
Community Development Director, presented {}rdiDgn0s NO. 08-03' Series of 2006, On First
Reading, an Ordinance approving the /\DlBOdDleOt t0 the Confluence Planned Unit
Development & Development Agreement. He noted that this iSa request for aO amendment tO
the 18 8Cne Confluence PU[} to modify the existing development rights and zoning for the entire
property. This application proposes @VVestin hOte|, retail p|8Z@, high-Speed public gondola,
condominiums, and fractional residential units. The property iS located between the Eagle River
and the West Town Center, accessible from Avon Road. The project haSbeenunde[reViewby
the Planning & Zoning CODlnOiSS/oO over the past six nnOOthG. Staff & F`&Z have forwarded a
recommendation Of approval with conditions — see council packet. Mayor Wolfe asked Council
for their comments, highlights of comments are as fOi/ovvS:
~/ CODlnneOtS nO the visions S[8teDleDt
/
Identify & understand the true public benefits
/ The town's role with the gondola op8[8doO & maintenance
V The r8|8UVOShip of the project with the Westin Hotels and the details Of the design,
number ofrooms, phasing commitments
/ Does parking meet the needs Of the project
/ Does meeting space estimates meet the needs Vf the project
/ [|ODlrneOtS about height' affordable housing c@|Cu|GtiOn for pay in lieu, connectivity,
gondola and who should pay for it
,/ Impacts oO Avon's skier shuttle
V Building nnaSSinQ & articulation are of interest
`/ Prefer that there are OO back sides to building on this project
/ Some concern about the north entry —seems tight, how do these spaces relate to those
in beaver creek village
Chuck Madison, East West Partners, presented an overview of the site plan, the gondola & the
hotel. He then addressed some of the topics made by council above, the GOnd0|8. the VVeSbO
Agreement (g 20 year agreement is in the works), Phasing of the project (intent is to move with
infrastructure this Sp[/Og. moving on CODstrU[tiVD with gODdO|8 as well in spring, operational in
07/08) Pg[hiDg, Meeting space (further discussions are pending) Retail Plazas. The fOrnn@|
presentation Vf the project vxaS0ade@tthiSti0e8DdaddresSSdƒhef0||OwinA: the process, the
site plan & project Overvievv, massing, gOnd0|8. Beaver Creek Landing — gondola — terminal
elevations, the VVBSdn Hotel and LEED Certification, Parking UOOr p1GD. VVe||neSS Center
dBSoripdOO. Project benefits, etC. Community Development Director Ta0bi P{adeb spoke about
the project and the PiJ[) process. He reviewed how staff arrived at the conditions in conjunction
with F`&Z Commission & noted the required revisions to the development p/oO GS listed in the
ordinance. It was noted that specific design standards would hopefully be submitted to P&Z at
its next meeting. Eric HeideDlnnn, Senior P|8nOe[, presented information about the staff's
findings on this application when compared t0 the criterion. The applicant has addressed this
project m P&Z report.
Regular Council Meeting Page 2ov4
January 24, 2006
/# this time, Mayor Wolfe opened the public hearing and the fO/k}Vvng people commented:
~/
Peter Buckley, who had many questions regarding the project (such 8S what are benefits
& C0GtS to Avon's citizens, river access for the public, parking for the public, Off/SBs DO
the ground floor, @t grade access tU the site and when iSthis going tObe finalized before
the project DoVeSfDnward.COncernedebOutVh@titre@ ||ybhn-StO8vnD)
Drew Dodd, resident and business operator, excited about the project and
supported it.
Mike Brown, resident & business operator in Avon, supported the project.
Mike Bennett, business operator, supported the project.
Jim price, business op8[8t0[' supported the project.
Mayor Wolfe dOS8d the public hearing. Councilor Underwood [nnVed to table Ordinance NO.
08-03. Series Of 2000, on First Reading, an Ordinance to approve an Amendment to the
Confluence Planned Unit Development & Development Agreement. CoUDCUOF Phillips
seconded the 00tiOD and it passed UOaOi0OUS|y by those members present / & Fe�8n]
did not vote due to conflict of interest).
Resolutions
Mayor Wolfe noted that COUOCi| VVDU|d then consider related items to the CODMU8DC8 project.
Norm Wood, Town Engineer presented Resolution NO. 08-07' �[i8S of 2000' Resolution
approving Subdivision Variance tO Allow Minimum Curve Radius of Less than 100 Feet and CU|-
O8-GaC Bulb Right-of-Way 0@Dlete[ Of Less than 100 Feet in the Proposed RiVerfrOOt
8UbdiviGiOO, Town of Avon, Eagle CoUnty, CO|On8dO. He noted that the resolution is related to
the East West Partners, Inc. application for the above referenced approval for the parcel of land
commonly known aS the Confluence, approximately 18.9 acres; the variance application is for
variances from design criteria for local streets & cul-de-sacs, See council memo for specific
details OD variance requested. Some questions & diSCuS8iOO took p1@C8 on the topic of truck
deliveries in the area — both on the logistics turning from Avon FlO8d & within the project. Mike
8)ipe[, Alpine Engineering made several comments related LO this topic. Further study of this
topic xv0u|d occur before the next nl8ebOg per the applicant. Councilor Buckley moved to
approve Resolution No. 06-07. Series of 2006, ReSO|WUOD approving Subdivision V@[i8OCe t0
A||0vv K8iOimUrD Curve Radius of Less than 100 Feet and Cu/-DC-Sac Bulb Right-of-Way
Diameter Of Less than 100 Feet in the Fz[OpOGed Riv8rfrOOt8Ubd/VisiOD. Councilor Underwood
SeCODd8d the 00tiOO and it passed unanimously by those members present /G/peS and Ferraro
did not vote due to conflict of interest).
Mayor Wolfe noted that Resolution NO. 00-08. Series of 2000, ReSO|udOO Approving Preliminary
Subdivision Plan for FiVerf[Ont Subdivision, TOxD of Avon, Eagle County, Colorado, Sh0U|d be
coordinated with 2"o reading Of Ordinance No. 06-03. Because it was advertised
GS 8 public
h83hn0. Mayor Wolfe opened the public hearing, DO comments were nnGde. and the hearing
was closed. Mayor Pro Tern Underwood then commented on the naming Of the streets and
noted her preference that a O8nn8 be chosen that is more akin tVAvon's Ch8[a[ter, its heritage
or something more appealing in nature. Chuck Madison CoDl[neO[ed VO how the "riverfr0Ot^
portion of the name will likely remain the title; this will be used internationally in marketing the
VV8SUD Hotel. Councilor Buckley moved to table Resolution NO. 06-08; Councilor McDevitt
seconded the motion and it passed unanimously by those members present (Sipes and Ferraro
did not vote due to CVO8ic[ of interest).
Other Business
Councilor Ferraro rejoined the podium at this time. Mayor Wolfe noted that because the Village
/8t Avon) Filing 4' Proposed F/FehDlinGry Subdivision P|8O and Subdivision \/@h8nCe
Applications was advertised and public notices were nnaUed, he was required to open @ public
he8hng. DO comments were rnada. and the hearing was closed. It was noted that TraerCreek
Regular Council aof*
Janua�z4.2oo6 -~-
RP LLC submitted the 8bOVG referenced applications and staff has deemed UleDl inC0D0Dkebs at
this time; this topic was discussed at the earlier work session.
Consent Agenda
Mayor Wolfe asked for motion on the Consent Agenda below. COUO[i/Or Buckley nlOVed to
adopt the consent agenda; Councilor Ferraro seconded the motion and it passed unanimously.
@. Minutes from January 1O.2000 Regular Council Meeting
b. Design Workshop PnDpoS@| for Transit Center Design Services (Norm Wood, Town
Engineer)
C. Ren8xv8| Of Hotel & Restaurant Liquor UceOS8 for Bob's Place LLC d/b/8 Bob's Place,
1OOVV. Beaver Creek Blvd
d. F{8nevva/ of Retail Liquor Store License for Miller's Bottle Shop d/b/a Joe's LiqUOrS, 1080
W. Beaver Creek Blvd
There being OO further business to come before the Council, the regular meeting adjourned at
PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Debbie Buckley
KristiFenraPo
Mac McDevitt
Amy Phillips
Brian Sipes
Ta0r@UDderwOOd
Ron Wolfe
Regular Council Meeting
January u4.2Oos
Page 4of4
A
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Director �_
Date: January 27, 2006
Re: Auditors' Engagement Letter
Summary: Attached is an engagement letter from Clifton Gunderson LLP for the audit
of the Town's 2005 financial statements. An engagement letter is a requirement of generally
accepted auditing standards for an independent auditor. This engagement is the second year
of a three -year proposal that was approved by the Council in 2004. However, each
engagement is subject to annual approval by the Council and may be cancelled prior to the
start of interim fieldwork each year.
Discussion: The engagement letter sets out the scope and timing of the audit services,
indicates that the audit will be performed in accordance with generally accepted auditing
standards, identifies the normal responsibilities of the auditor and of Town management, and
sets out the standard fees for the engagement.
Financial Implications: The not -to- exceed audit fee of $28,750 for the 2005
audit is less provided for in the 2006 budget. The Town should not be required to have a
Single Audit in 2005 based on the level of federal grants the Town received.
Town Manager Comments:
Attachments:
Engagement Letter from Clifton Gunderson LLP, Certified Public Accountants
Page 1
U-21 I®
GundersonLLP
Certified Public Accountants & Consultants
December 15, 2005
Avon Town Council Members
Town of Avon
Attn: Scott Wright, Finance Director
P.O. Box 975
Avon, Colorado 81620
Dear Council Members:
We are pleased to serve you as your independent accountants. The purpose of this letter is to
confirm the terms of our agreement. This letter also clarifies the nature and extent of the auditing
and accounting services to be provided.
Our services will include:
Auditing services. We will audit the financial statements of the governmental activities,
business -type activities, each major fund and the aggregate remaining fund information which
together comprise the basic financial statements of Town of Avon, Colorado as of and for the
year ended December 31, 2005.
Our audit will be performed in accordance with auditing standards generally accepted in the
United States of America. The audit will include tests of your accounting records and other
procedures we consider necessary to enable us to express our opinion on these financial
statements.
Accounting services. We also will provide you with the following nonaudit services:
0 Proposing adjusting journal entries
In connection with the services we provide, we will not perform management functions, make
management decisions, or act in a capacity equivalent to that of a member of management or an
employee.
You are responsible for management decisions and functions, and for designating a competent
employee to oversee these services. You are responsible for evaluating the adequacy and results
of the services performed and accepting responsibility for the results. You are also responsible
for establishing and maintaining internal controls, including monitoring ongoing activities.
6399 South Fiddlier'.+ Green Cin'(e, Suite i`DO
Greenwood Vllirlge, Colomelo &Olt"
tel: 303.779.5710
fax: 303.779.0348
www. ctifto ncg a. coin:
Avon Town Council Members
Town of Avon
December 15, 2005
Page 2
We are not responsible for the preparation of any report to any governmental agency, or any other
form, return, or report, or for providing advice not specifically recited in this letter. Our fee does
not include any time for consultation with your personnel or third parties regarding the
implementation training and assistance for GASB Statements, or regarding the Colorado
constitutional amendment known as TABOR. Charges for such additional services will be billed
separately at standard rates. The nature and extent of such services are the subject of a separate
agreement.
This letter constitutes the entire agreement regarding services to be provided to you and
supersedes all prior agreements, understandings, negotiations, and discussions between us,
whether oral or written. This agreement may be supplemented by other written agreements.
The purpose and objective of our audit is to lead to the expression of an unqualified opinion with
respect to the financial statements. You understand that circumstances may exist or may arise
that would preclude submitting such an opinion. We will inform you if we discover
circumstances that will have an effect on our opinion on the financial statements. If our opinion
on the financial statements will be other than unqualified, the reasons will be fully disclosed. If,
for any reason, we are unable to complete the audit or are unable to form an opinion, we may
decline to issue a report and terminate our engagement.
Our audit is designed to provide reasonable, but not absolute, assurance of detecting
misstatements, whether caused by error or fraud, that, in our judgment, could have a material
effect on the financial statements as a whole. It is not designed to detect error or fraud that is
immaterial to the financial statements. Our audit will be based upon tests and samples, since
detailed auditing of all transactions is not practicable. The concept of selective testing of data is
generally accepted as a valid and sufficient basis for an auditor to express an opinion on financial
statements. Selective testing involves judgment both as to the number of transactions we
examine and the areas to be tested.
Because we will not perform a detailed examination of all transactions, there is an inherent risk
that we will not detect material errors, fraud, or other illegal acts, if they exist. There is also an
inherent risk that violations of compliance requirements and other responsibilities imposed by
state and federal statutes and regulations or assumed by contracts, if they exist, will not be
detected. Management is responsible for establishing and maintaining a sound system of internal
control and for identifying and ensuring that the entity complies with the laws and regulations
applicable to its activities. Management is also responsible for: designing and implementing
programs and controls to prevent and detect fraud; informing us about all known or suspected
fraud affecting the entity involving (a) management, (b) employees who have significant roles in
internal control, and (c) others where the fraud could have a material effect on the financial
statements; and informing us of their knowledge of any allegations of fraud or suspected fraud
affecting the entity received in communications from employees, former employees, regulators,
or others.
Avon Town Council Members
Town of Avon
December 15, 2005
Page 3
While an audit includes obtaining an understanding of internal control sufficient to plan the audit
and to determine the nature, timing, and extent of audit procedures to be performed, it is not
designed to provide assurance on internal control or to identify reportable conditions. However,
we will inform you of any reportable conditions that come to our attention.
Our relationship with you is limited to that described in this letter. As such, you understand and
agree that we are acting solely as independent accountants. We are not acting in any way as a
fiduciary or assuming any fiduciary responsibilities for you.
Your personnel will provide us with the necessary detailed trial balances and supporting
schedules, a list of which will be provided. We expect that your office personnel will help us by
locating and submitting to us invoices, vouchers, canceled checks and other documents and
records that we request.
Whenever possible, we will use your personnel to help in this work and so reduce costs.
We wish to emphasize that management has the responsibility for the proper recording of
transactions, for the safeguarding of assets, for compliance with all applicable laws and
regulations and for the substantial accuracy of the financial statements. Management is
responsible for adjusting the financial statements to correct material misstatements and for
affirming to us in the representation letter that the effects of any uncorrected misstatements
aggregated by us during the current engagement and pertaining to the latest period presented are
immaterial, both individually and in the aggregate, to the opinion units in the financial
statements. Management's responsibility includes establishing and maintaining internal control
over financial reporting and retaining, supervising and training qualified personnel in areas
affecting financial matters. Management is also responsible for making all financial records and
related information available to us. Although our firm may prepare or help in preparing your
financial statements, the statements are the representations of management.
As part of this responsibility, you agree to provide us, before the delivery date of the financial
statements, with written confirmation of the representations made to us by you and your staff
during the course of our engagement.
The working papers for our engagement are the sole and exclusive property of Clifton Gunderson
LLP and constitute confidential and proprietary information. We do not provide access to our
workpapers to you or anyone else in the normal course of business. Should we be ordered by a
valid subpoena or other appropriate court order to provide access to or copies of our workpapers
you agree to reimburse us for the time and out -of- pocket expense necessary to comply with such
order. Access to the requested workpapers will be provided under the supervision of Clifton
Gunderson LLP personnel and at a location designated by our firm.
Avon Town Council Members
Town of Avon
December 15, 2005
Page 4
We must approve the masters or printer's proofs of the financial statements we have audited
before they are reproduced or published for distribution if our firm's name is to be connected
with the statements or report in any way. With regard to electronic filings, such as in connection
with the SEC Electronic Data Gathering Analysis and Retrieval (EDGAR) system or the World
Wide Web area of the Internet, you understand that electronic sites are a means of distributing
information and, therefore, we are not required to read the information contained in these sites or
to consider the consistency of other information in the electronic site with the original document.
If we are asked to provide a letter of consent to the inclusion of our report on the financial
statements in another document (for example, in connection with a bond offering), the
procedures we perform in connection with issuing the consent will be considered an engagement
separate and distinct from our audit engagement, for which we will bill you separately.
The charges for our work are to be based upon the time involved, degree of responsibility
assumed and skills required, plus direct expenses. Bills for services are due when submitted.
Interim bills may be submitted at periodic dates to cover charges and expenses incurred. If a bill
for services is not paid when due, we reserve the right to cease work and withdraw from the
engagement. In the event that any collection action is required to collect unpaid balances due us,
reasonable attorney fees and expenses shall be recoverable.
It is hereby agreed that our fee will not exceed $28,750. It is our understanding that your
accounting records will be substantially completed through December 31, 2005. We do not
anticipate that we will encounter any substantial amount of accounting work to be completed or
adjusted by us, or any defalcation or other significant problem or contingency. We will, of
course, advise you before undertaking any work that would require an increase in the fee
arrangement.
We will do our uppermost to provide quality service to you. We do not anticipate any difficulties
in meeting the expectations recited in this letter. However, in the unlikely event that there are
any disagreements regarding our services, any claims against Clifton Gunderson LLP as a result
of this engagement must be brought within one year from the date our report is delivered or our
work is completed.
You hereby agree that Town of Avon will indemnify Clifton Gunderson LLP and its partners,
principals and employees and hold them harmless from any claims, liabilities, losses and costs
arising in circumstances where there has been a knowing misrepresentation by a member of the
management of Town of Avon, regardless of whether such person was acting in the best interests
of Town of Avon. The foregoing indemnification shall be limited by and subject to the rights,
defenses and limitations upon liability available to the District pursuant to Article 11, Section 1
of the Colorado constitution and/or pursuant to the Colorado Governmental Immunity Act, CRS
§24 -10 -101 et. seq, and nothing herein shall be construed to waive or limit any such rights or
defenses.
Avon Town Council Members
Town of Avon
December 15, 2005
Page 5
For your reference, our December 14, 2004 peer review report accompanies this letter.
If the above terms are in accordance with your understanding and acceptable to you, please sign,
date, and return the duplicate copy of this letter to us.
We very much appreciate the opportunity to serve you and will be pleased to discuss any
questions you may have.
Very truly yours,
The services described in the foregoing letter are in accordance with our requirements and we
understand the terms and conditions recited above.
Town of Avon
Title
Date
LE NLAS, F M &
MNIELS PLLC:
ACCOUNTING;
AND
CONSULTING
SERVICLS
MEMBER OI
WGLADREl
NETWORK
SPOKANE
QUINCY
COLFAX
TRI -CITIES
GRANDVIEW
WALLA WALLA
MOSES LAKE
WENATCHEE
OMAK
YAKIMA
OTHELLO
To the Partners of
Clifton Gunderson LLP
and the Center for Public Company Audit Firms Peer Review Committee
We have reviewed the system of quality control for the accounting and auditing practice of
Clifton Gunderson LLP (the firm) applicable to non -SEC issuers in effect for the year ended
July 31, 2004. The firm's accounting and auditing practice applicable to SEC issuers was not
reviewed by us since the Public Company Accounting Oversight Board ( PCAOB) is
responsible for inspecting that portion of the firm's accounting and auditing practice in
accordance with PCAOB requirements. A system of quality control encompasses the firm's
organizational structure and the policies adopted and procedures established to provide it
with reasonable assurance of complying with professional standards. The elements of quality
control are described in the Statements on Quality Control Standards issued by the American
Institute of Certified Public Accountants (the AICPA). The design of the system, and
compliance with it, are the responsibilities of the firm. Our responsibility is to express an
opinion on the design of the system, and the firm's compliance with that system based on our
review.
Our review was conducted in accordance with standards established by the Peer Review
Committee of the Center for Public Company Audit Firms and included procedures to plan
and perform the review that are summarized in the attached description of the peer review
process. Our review would not necessarily disclose all weaknesses in the system of quality
control or all instances of lack of compliance with it since it was based on selective tests.
Because there are inherent limitations in the effectiveness of any system of quality control,
departures from the system may occur and not be detected. Also, projection of any
evaluation of a system of quality control to future periods is subject to the risk that the
system of quality control may become inadequate because of changes in conditions, or that
the degree of compliance with the policies or procedures may deteriorate.
In our opinion, the system of quality control for the accounting and auditing practice
applicable to the non -SEC issuers of Clifton Gunderson LLP in effect for the year ended
July 31, 2004, has been designed to meet the requirements of the quality control standards for
an accounting and auditing practice established by the AICPA, and was complied with during
the year then ended to provide the firm with reasonable assurance of complying with
applicable professional standards.
tea,, - '° Z__ Z,_
Spokane, Washington
December 14, 2004
J� :A I I me
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
W
From: Tambi Katieb, Community Development Direc r
Date: February 8, 2006
Re: Design Workshop Proposal for financial Analysis
Summary: Design Workshop has submitted the attached proposal for the Town of
Avon Financial Analysis for the Avon Town Center West project.
The Proposal is based on the Scope of Work discussed with Council at your last meeting, after
reviewing the results of the market investigation and discussing the logical next steps. Final
work on the schematic design plans will also be resumed so that we understand the estimate
and magnitude of costs for each portion of this project in concert with the financial analysis.
The scope of this proposal includes six specific tasks and a presentation to Town Council of
the summary report. The entire scope is projected to take eight weeks in length from receipt
of the signed contract.
The proposed fee for these services is $47,000.00 plus reimbursable expenses such as
telephone calls, meals, lodging and travel at actual cost plus 15% (capped at 10% of total
project cost). These costs are broken down on page 6 of the proposal as:
Task l: Data Collection
$
8,500.00
Task 2: Cross Sections and Urban Form
$
4,000.00
Task 3: Private Feasibility Analysis
$
15,000.00
Task 4: Public Revenue Streams
$
7,500.00
Task 5: Summary Report
$
8,500.00
Task 6: Final Presentation
$
3,500.00
Total Cost for Services Proposed
$ 47,000.00
We recommend approval of the Design Workshop, Inc. Proposal dated February 7, 2006, for
the Avon Town Center West Financial Analysis in an amount not to exceed $47,000.00 plus
FACounciRMEMOS120061Design Workshop Financialanalysis 021406. Doc
P
reimbursable expenses. Final work on the schematic plans (including cost estimates) will be
coordinated with this study and presented to Council at the conclusion of the project.
Financial Implications: The proposed design fee is within the current project
2006 budget.
Recommendation: Approve the Design Workshop, Inc. dated February 7, 2006,
for the Avon Town Center West Financial Analysis in an amount not to exceed $47,000.00
plus reimbursable expenses.
At the conclusion of this study, the Town will have an understanding of the potential revenue
streams from development and redevelopment for both the private and public sectors, the
schematic cost estimates of the physical plan for development, and the market demand and
optimal market configuration. At that time, we will be better informed to discuss project
phasing and implementation strategies for the project.
Alternatives: Table action on the Design Workshop, Inc. Proposal pending
clarification of the proposal.
Proposed Motion: I move to approve the Design Workshop, Inc. Proposal dated
February 7, 2006, for the Avon Town Center West Financial Analysis in an amount not to
exceed $47,000.00 plus reimbursable expenses.
Town Manager Comments:
�' fr
4 t
{
I
Attachments:
Exhibit A: Design Workshop, Inc. Proposal Avon Town Center West Financial Analysis
Project.
Exhibit B: Bound copy of the Avon Town Center West market Investigation
FACounci1\MEMOS\2006\Design Workshop FinancialAnalysis 021406.doc
L
IWM
February 7, 2006
Mr. Tambi Katieb, AICP
400 Benchmark Road
Box 975
Avon, CO 81620
Re: Town of Avon Transit Center Design
Dear Tambi:
Thank you for allowing Design Workshop, Inc. the opportunity to submit a proposal for the Town of
Avon Town Center West Financial Analysis project.
The Town of Avon is in the process of planning a redevelopment of Town Center West that is intended
to transform the area into a vibrant, pedestrian- oriented, mixed -use civic center. The pedestrian- oriented
Main Street and transit center design has been advanced, infill parcels identified, a conceptual cost
estimate has been prepared, and a viable retail focus and desired use mix has been established.
The intent of this phase of work is to assess the financial feasibility of the development with respect to
both private sector development potential and public sector revenue streams. The urban form and design
of the applicable infill sites will be refined during this project in order to determine the optimal mass and
scale of these projects at a level of detail sufficient to produce a complete infill building program for the
financial analysis.
The attached proposal details the scope of work for the financial feasibility analysis. Tasks include data
collection with Town of Avon staff, cross sections and urban form studies, private sector infill feasibility
investigation, public revenue streams analysis, the production of a summary report and a presentation to
Town Council.
Thank you again for the opportunity to submit this proposal. Should you have any questions please do
not hesitate to contact Chris Kiley or myself at 970 - 925 -8354. We look forward to hearing from you.
Sincerely,
DESIGN WORKSHOP, INC
Rebecca Zimmermann
Principal -In- Charge
Proposal for Town Center West Financial Analysis
Avon, CO
January 18, 2006 (revised February 6, 2006)
Financial analysis for private sector and public sector development feasibility for the
Town Center West redevelopment project in Avon, Colorado.
The Town of Avon is in the process of planning a redevelopment of Town Center West
that is intended to transform the area into a vibrant, pedestrian - oriented, mixed -use civic
center. The pedestrian- oriented Main Street and transit center design has been advanced,
infill parcels identified, a conceptual cost estimate has been prepared, and a viable retail
focus and desired use mix has been established. The intent of this phase of work is to
assess the financial feasibility of the development with respect to both private sector
development potential and public sector revenue streams. The urban form and design of
the applicable infill sites will be refined during this project in order to determine the
optimal mass and scale of these projects at a level of detail sufficient to produce a
complete infill building program for the financial analysis.
SCOPE OF SERVICES
The scope of work tasks and associated deliverables to be performed by Design
Workshop in connection with this proposal is as follows:
Task One: Data Collection
The intent of Task One is to collect and review the necessary data to conduct the financial
analysis and to review the objectives for the project with the Town. Data required from
the Town is identified in the Conditions and Exclusions section of this proposal and
includes retail sales volume information, assessor's records for the subject parcels,
relevant land transaction information, and tax rate information.
The basis for public cost assumptions will come from the conceptual cost estimate
prepared by Design Workshop for the public improvements component of Town Center
West. This cost estimate will be prepared as a separate task.
Research will be conducted by Design Workshop to establish base assumptions for land
values, construction costs, residential sales prices, and retail and commercial lease rates.
Assumptions will be derived from discussions with real estate agents (contacts to be
provided by the Town), review of comparable project sales within the Town of Avon (i.e.
Confluence), and discussions with real estate developers and contractors.
9 •' •&
Proposal for Town Center West Financial Analysis
Avon, CO
January 18, 2006 (revised February 6, 2006)
A half -day worksession will be conducted with Town of Avon staff to review and
develop base assumptions, develop a phasing schedule, and to review desired project
objectives. Items to be discussed include size of buildings (specifically with respect to
amount of residential programmed for each parcel), phasing of infill parcels, and public
improvements schedule.
Project deliverable: findings from this task to be incorporated into subsequent tasks.
Task Two: Cross Sections and Urban Form
The intent of Task Two is to develop a series of cross sections to advance the
understanding of the optimal build out form of the infill parcels by analyzing the
following elements:
• Building to street relationships
• Development program
• Solar /shade analysis
• Protection/ enhancing applicable view corridors
This analysis will be performed using AutoCAD and Sketch Up to create a 3 -D model in
which we can provide shade analysis for any day of the year. This will help us
understand from an urban design perspective how tall buildings need to be and where
specifically we can add or should remove height in order to maintain a pedestrian -
friendly environment along main street. Results from the analysis will be used to
establish the upper floor development program for each of the infill parcels in order to
provide appropriate information for the financial analysis.
Project deliverable: 3 -D model of the Town Center West study area. Cross sections of
applicable buildings of Town Center West.
Task Three: Private Sector Infill Feasibility Analysis
The intent of Task Three is to assess the development feasibility of the private sector
development parcels identified in the Town Center West conceptual master plan. This
task is important because it will determine whether the plan is viable enough to attract
redevelopment interest from private landowners and developers, and whether there is
enough projected profitability to allow the Town to exact development mitigation fees
from these infill parcels in order to help offset the costs of the public improvements. Pro
formas will be developed for each infill parcel using the program information, phasing,
development costs and revenue projections identified in Task One. The pro formas will
indicate the private sector development feasibility of each infill parcel by identifying an
order of magnitude project return and assessment of profitability. This information will
be useful to the Town when identifying potential mitigation approaches.
2
Proposal for Town Center West Financial Analysis
Avon, CO
January 18, 2006 (revised February 6, 2006)
Pro formas will be developed for the following seven infill parcels as identified on the
conceptual plan developed during the July, 2005 Town Center West design charrette:
1. Lot 61
2. The Seasons
3. Avon Center (vacant parcels)
4. Sheraton (vacant parcels)
5. Parking Structure
6. New Town Hall site
7. Redeveloped Town Hall site
Project deliverable: a pro forma will be developed for each of the seven parcels using
Microsoft Excel.
Task Four: Public Revenue Streams
Task Four will model the public sector revenue streams that the Town of Avon can
expect to derive from the project. Public sector revenue streams include sales tax
revenues, property tax revenues (recurring), parking in lieu fees, Real Estate Transfer
Assessment proceeds and lodging tax revenues. Design Workshop will work with Stan
Bernstein to develop this information.
A check -in will occur with either the Community Development Committee or the Town
Council (per Client direction) to review the results of Tasks Two through Four and prior
to preparation of the summary report.
Project deliverable: a public sector revenue stream model will be developed using
Microsoft Excel.
Task Five: Summary Report
A summary report will be prepared that explains the assumptions, methodology and
conclusions of the financial analysis. Detailed recommendations will be made regarding
the financial feasibility of the program from the private sector and public sector
perspectives, and program changes, if any, required to make the program financially
feasible will be provided. Next steps for the Town Center West project will be identified.
Project deliverable: 15 copies (8 1 /2 "x 11 ") of the final report including accompanying
spreadsheets and Adobe Acrobat pdf.
DESIGNWORKSHOP
M
Proposal for Town Center West Financial Analysis
Avon, CO
January 18, 2006 (revised February 6, 2006)
Task Six: Final Presentation
Design Workshop will make a presentation of the findings of the financial analysis to
Town Council. The final report will be delivered following the presentation.
CONDITIONS AND EXCLUSIONS
Client shall provide the following information or services as required for performance of
the work. DW assumes no responsibility for the accuracy of such information or
services, and shall not be liable for errors or omissions therein. Should DW be required
to provide services in obtaining or coordinating compilation of this information, such
services shall be billed as Additional Services.
In order to begin work, we will require following information:
1. Assessor records for the relevant subject parcels including sales history
2. Comparable property sales data as available to the Town finance
department.
3. Retail sales volume data (containing any updates from information
previously supplied to DW by the Town).
4. Real estate broker contact information
5. Tax rate information for sales tax, property tax, RETA, parking in lieu
fees and lodging tax (containing any updates from information previously
supplied to DW by the Town).
PROJECT TEAM
Design Workshop typically organizes projects in a team format with key responsibilities
divided between the Principal -in- Charge and Project Manager. The key team members
for this project are listed below:
Principal -in- Charge — Rebecca Zimmermann
Rebecca will serve as Principal -in- Charge for the Town Center West Financial Analysis
project and will have primary responsibility for the overall content and quality of the
work prepared by Design Workshop.
Project Manager — Chris Kiley
Chris will serve as the Project Manager for the Town Center West Financial Analysis
project. Chris will be the primary Client contact. His responsibilities will include the
coordination of Design Workshop's in -house strategic services team as well as regular
DESIGNWORKSHOP 4
Proposal for Town Center West Financial Analysis
Avon, CO
January 18, 2006 (revised February 6, 2006)
communication and coordination with the client. Chris will participate in the staff work
sessions and will be in attendance for all meetings and public hearings.
Design Workshop is prepared to begin work immediately upon receipt of a retainer and a
signed copy of this proposal from an authorized owner's representative. An eight -week
completion schedule is anticipated.
FEES AND EXPENSES
The fees for the scope of services described above are as follows:
Task One: Data Collection
$
8,500
Task Two: Cross Sections and Urban Form
$
4,000
Task Three: Private Feasibility Analysis
$
15,000
Task Four: Public Revenue Streams
$
7,500
Task Five: Summary Report
$
8,500
Task Six: Final Presentation
$
3,500
Total Professional Fees $ 47,000
Reimbursable Expenses
Reimbursable Expenses are in addition to compensation for Basic Services.
Reimbursable expenses incurred by Design Workshop and consultants directly
related to the project such as, but not limited to, photography, telephone charges,
video conference charges, and printing expenses shall be billed at Design
Workshop's cost plus 15 (fifteen) percent. Reimbursable expenses for this project
are budgeted at 10 (ten) percent total professional fees, or $4,300, and will not be
exceeded without written permission of the Client.
2. Additional Services
Services in addition to those described above are to be compensated on a Time
and Materials basis per Design Workshop's current published rate schedule.
Additional services will include (but are not limited to) redesign of previously
approved work, major revisions to program and/or expansion of scope of work.
Whenever practical, changes, additions, or modifications to the scope of work
shall be authorized by written change request; however, the absence of such a
written change order shall not act as a bar to payment of fees due Design
Workshop, provided the change was in fact approved and ordered by the Client.
DESIGNWORKSHOP
I
Proposal for Town Center West Financial Analysis
Avon, CO
January 18, 2006 (revised February 6, 2006)
Additional meetings and presentations related to this scope of work will be
conducted on a time and materials basis upon receiving written authorization from
the Client.
1. This is an Additional Service to the existing Avon Town Center West and Main
Street Public Improvements contract (between Design Workshop and the Town of
Avon, Colorado) and will be billed monthly. This agreement is structured as a
time and materials contract not to exceed $43,000 without written authorization
from the Client.
2. Invoices will be mailed from Design Workshop's office by the l Oth of each
month. Invoices are payable within 30 days of the date of billing. Invoicing shall
be specific to each major task and will describe the completed portion of the
work.
roll
W
Proposal for Town Center West Financial Analysis
Avon, CO
January 18, 2006 (revised February 6, 2006)
ACCEPTANCE
1. This Agreement is entered into between Design Workshop, Inc. and the Town of
Avon, owner or reputed owner of the property to be benefited by Design
Workshop's services.
2. If this contract meets with your approval, please sign below and return one (1)
copy for our file.
3. If this agreement is not accepted within two (2) months from the date of receipt,
the offer to perform the described services may be withdrawn and Design
Workshop may renegotiate this proposal.
DESIGN WORKSHOP, INC.
By: 7aL"","z
Title: Principal
APPROVED BY CLIENT:
t
Title:
Date: January 30, 2006
Date:
DESIGNWORKSHOP
h
I
GRmsHAw & HARRTNG
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
SUITE 3800
WELLS FARGO CENTER
1700 LINCOLN STREET
DENVER, COLORADO 80203-4538
TELEPHONE (303) 839-3900
THLECOPIER (303) 839-3838
W%VW.QR1MSHAWHAP-PJNG.CG.M
Wayne B. Schroeder
(303) 839-3810
February 6, 2006
Town of Avon
c/o John W. Dunn
John W. Dunn & Associates, L.L.C.
P.O. Box 7717
Avon, Colorado 81620
Re: Legal Services for the Town of Avon
Dear John:
-TIT,
MT MERITAS
LAW FIRMS WORID1ARDE
wbsAgrihishawli aiTing. coin
We are pleased that you have engaged our firm to assist your legal services to the Town
of Avon. The purpose of this letter is to establish the scope of our services and our fee
agreement.
I . Professional Undertaldng: We are being engaged initially to assist you in
connection with the amendment of a development agreement and at least one intergovernmental
agreement to guide the development of the "Confluence Parcel." It is our firm's policy to obtain
an engagement letter concerning individual matters which we undertake for each client-. In the
event that we do not obtain an engagement letter fi-om you for any subsequent representation that
you request, then this letter agreement shall also be applicable to that representation.
2. Fees: Our fees for services rendered on your behalf will be based upon the hourly
rates for the attorneys and legal assistants who do the work. Our schedule of hourly rates is
based upon each individual's years of experience, specialization in training and practice, and
level of professional attainment. I will be responsible for any water law work required for this
matter. Gilbert F. McNeish will be responsible for any development/zoning law work required
for this matter, and Matthew R. Dalton will be responsible for any special district work requested
for this matter. Mr. McNeish's current hourly rate is $285.00 and Mr. Dalton's current hourly rate
is $300.00. My current hourly rate is $300.00. Hourly charges for others in the firm currently
range from $150.00 per hour to $325.00 per hour depending on which attorney is performing the
services. Charges for work performed by the firm's legal assistants currently range fi-om $120.00
per hour to $125.00 per hour. The hourly rates are revised each year to reflect the current cost of
delivery of legal services. I will review all statements before they are sent to you in order to
ensure that the amount charged is appropriate.
Town of Avon
February 6, 2006
Page 2
3. Costs: It is likely that we will be required to incur expenses on your behalf for
items such as recording costs, filing fees, delivery charges, court reporters, hearing and
deposition transcripts, photocopying, computerized legal research, long distance and mobile
telephone calls, and travel, lodging and meals. To cover the cost of domestic long distance,
domestic facsimiles, in-office copying, ordinary postage, and deliveries by in-house staff, we
charge an administrative fee of 1.5% of the legal fees billed to you on a monthly basis. This
administrative fee is in lieu of itemizing those particular expenses and may be adjusted from time
to time. All other expenses will be separately itemized on the statements or, wider some
circumstances, bills from parties providing such services will be furnished directly to you for
payment.
4. Billings: Our statements will be prepared and mailed about the fifth of each
month and will reflect the services rendered by us through the end of the previous month. We
expect payment promptly after each statement is rendered. If our bills are not paid within 30
days following the date of issuance, we reserve the right to charge a late charge on any past due
bill at the rate of one and one-half percent (1 1/2%) per month, and if collection is necessary, costs
and attorney fees therefor. It is important to clearly establish the terms of our business
relationship as well as our legal relationship at the beginning of our representation and we feel
that prompt and full payment of all bills is an important element of maintaining that relationship.
5. Fee and Expense Deposit: We normally require a cost and expense deposit for
expenses of $250.00, but will waive that deposit. We reserve the right to require all additional
deposit should the anticipated expenses increase. Additionally, when we foresee that expenses
on a matter will be substantial we may ask you to pay those expenses directly or to fund them in
advance.
6. Conflicts: We will not represent other persons or companies who have an actual
and direct conflict with you but we may accept the representation of others whose general
interests may be adverse to you. We will attempt to promptly advise you of any potential conflict
and ask that you likewise advise us.
7. Privacy Notice: Generally, we are bound by the Colorado Rules of Professional
Conduct to keel) all information about you that comes into our possession during the course of
our representation confidential, and unless otherwise required or permitted by law or the Rules,
we may not disclose that information to lion-affiliated third pal-ties in the absence of your
consent. To the extent that we represent you in financial activities we are also subject to federal
and state privacy laws regarding the collection and exchange of nonpublic personal information
about you. In addition to such information provided by you to us, we may collect information
about you from other sources such as your representatives and affiliates, your consultants or
retained professionals, or consumer reporting agencies. We maintain physical, electronic, and
procedural measures to guard that information. However, it may be necessary in the course of
To-vni of Avon
February 6, 2006
Page 3
our representation to exchange information with, or provide information to third parties such as
your consultants or advisors, any opposing or co- counsel, or agencies or jurisdictions before
which we are to represent you. hi doing so, we will take appropriate measures to keep all
treatments and exchanges of your information within the requirements of the law and the Rules.
8. Termination: You will have the right to terminate our representation at any
tinge. We will have the same right of termination (including termination for non - payment of fees
and expenses), subject to an obligation to give reasonable notice. All fees incurred for services
rendered through the date of termination, as well as all costs and expenses incurred by us on your
behalf must be paid within 10 days following receipt of our final statement. Upon the conclusion
of our services on this matter, whether because of termination or the completion of the work, we
will not, thereafter, update you, nor shall we be responsible for legal matters as to which our
services have not been specifically requested and confirmed, preferably in writing.
9. Mediation/Arbitration: If a dispute arises regarding our services or fees, either
of us may seek non - binding mediation or binding arbitration upon such terns as we may then
agree. If either of us requests arbitration, no court proceeding shall be pursued, except to enter
judgment.
10. File Retention: Upon the conclusion of our services we will return your files to
you, upon request, or we may destroy the files after notice to you.
If the foregoing meets with your understanding of the professional relationship we have
established, please sign the enclosed copy of this letter on your behalf and return it to me in the
enclosed envelope.
The most important point we want to make in this letter is that we will do our utmost to
serve you effectively. We cannot guarantee the success of any given venture, but we will strive
to represent your interests vigorously and efficiently. If there are any questions concealing the
foregoing, or any questions in the future with regard to the manner in which this matter is being
handled by this office, please do not hesitate to contact me.
Very truly yours,
GR.IMSHAW & HARRING,
A/Professional Corporation
Wayne B. Schroeder
cc: Gilbert F. McNeish
Matthew R. Dalton
Town of Avon
February 6, 2006
Page 4
Enclosures
APPROVED AND AGREED TO:
TOWN OF AVON
.2
Date: February _, 2006.
GAIUMCLIENTSlfeelftsWOWN OF AVON FEE LTR-wpd
JI L-:9 I lime
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: February 9, 2006 fl
Re: Easements for Eagle River Recreational Enhancements Project
Summary: Part of the Colorado Water Conservation Board (CWCB) review criteria for
a Recreational In Channel Diversion (RICD) water right application is access to construct and
use the facility. The attached Declaration of Easements for RICD PE-06 (Exhibit 1) and
RICD PE-07 (Exhibit 2) create permanent floating, walking and access easements for the
project on Town owned properties. The Town owned properties are located in, and adjacent
to the north bank of the Eagle River and East of Avon Road. The properties are defined on
the Nottingham Station Subdivision Plat as Tract A, Nottingham Station and Tract C,
Nottingham Station.
Easements for construction and permanent floating, walking and access as required for other
properties have been forwarded to the respective entities for execution.
We recommend approval of Declaration of Easement RICD PE-06 and Declaration of
Easement RICD PE-07.
Recommendation: Approve Declaration of Easement RICD PE-06 and
Declaration of Easement RICD PE-07.
Town Manager Comments:
Attachments:
Exhibit 1: Declaration of Easement RICD PE-06
Exhibit 2: Declaration of Easement RICD PE-07
1:\Eiigineeiiiig \CIP\Whitewater Park\6.0 R-W AcquisitionTasements\Town Easement Memo.Doc
CZX#1,e 1,7- /
DECLARATION OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That TOWN OF AVON,
Declarant, whose address is P. 0 Box 975, Avon, Colorado 81620, does hereby declare for the
benefit of the public a permanent floating, walking and access easement in and to, over, under
and across the tract of land described as follows:
More particularly described as Exhibit AA,@ attached hereto and by this reference
made a part hereof.
WITNESS our hands and seals this _ day of 2006.
D
• arejoElKe"k,
.0
ATTEST:
Town Clerk
STATE OF COLORADO }
)SS.
COUNTY UFEAGLE )
The foregoing instrument was acknowledged before nlethis dnvnF
2A06,b« Ronald B.\�nl±eas and yoUy��c as -------- '
Town ofAvon.
My commission expires:
Witness my hand and official seal.
Notary Public
'nInter-Mountain
Engineeringud.
• • • I a Oki WIN tA I E010111 ►••
PARCEL RICD PE -06
DESCRIPTION
A parcel of land No. RICD PE -06, containing 0.284 acres, more or less, situated in Tract A,
Nottingham Station, as recorded in the Office of the Clerk and Recorder of Eagle County,
Colorado, at Reception No. 568147 in Boole 672 at Page 130 on July 27, 1995 and being more
particularly described as follows:
The True Point of Beginning being the Southwest corner of said Tract A, Thence N 05 °02'21" E
a distance of 96.80 feet along the easterly right -of -way of Avon Road to a point;
Thence S 67 005'45" E a distance of 184.60 feet to a point on the east line of said Tract;
Thence S 24 °43'51" W a distance of 50.87 feet along east line of said Tract to the southeast
corner of said Tract;
Thence N 82'10'14" W a distance of 158.75 feet along the south line of said Tract to the True
Point of Beginning;
The above described parcel contains 12,367 square feet (0.284 acres), more or less;
I hereby state that the above described legal description has been prepared by me or under my
direct supervision.
1- g -0(.
Date
Prepared by Inter- Mountain Engineering
Ron A. Mahon P.L.S. 37055
J: \projects \50156S \survey\RICD PE- 06.doc
-
FEB 0 12)
COMMunity Devej apr, -bl
8392 • Divide Road, Suite 107 e Littleton, Colorado 80127 48
40801 U.S. Hwy 6, Suite 203 - PO Box 978 - Avon, Colorado 81620 Phone: (970) 949-5072 Fax: (970) 949-9339
MAYA
TRUE POINT
OF BEGINNING i
N14)
\ \ '9cF 8¢F,�,T
LOT 2,
RED HOUSE
ROAD (R /W VAI?lf-S)
(N 04 2559 —/V S
Oq2
L21— E 96.80,
10
S TA TION
S,7
TRA CT C, *- -,�lv
0 TTINGHA M S TA T1 TRACT Hv
Z(5 ON
S 24'4351" W - RED HOUSE RECORDED PLAT
(S 24107'20- W - N.S.) - NOTTINGHAM STA 170N RECORDED PLAT
ld
0
pAl IME
lvdus"
6n e m
The a
`Qkmd herein by any other person or
5, Is not ouffi&fzaa in the cvw7t that
other parson -
anent or the in=."
%.ptl=p—f=nYl:rmt.=14ablch7 wfttw
bearkrg Als document and :x
motion contained herein !s intended to be
wIMh? of the date hereof.
ofter ;hr= Is not cuffiadred
TOWN OF AVON
LEGAL DESCfffrrM
I
TV
L- I sum 2/07/06
PARCEL MCD PE-06
TOWN OF AVON
EAGLE COUNTY, COLORADO
05-0156S
r A
KNOW ALL MEN BY THESE PRESENTS: That TOWN OF AVON,
Declarant, whose address is P. 0 Box 975, Avon, Colorado 81620, does hereby declare for the
benefit of the public a permanent floating, walking and access easement in and to, over, under
and across the tract of land described as follows:
More particularly described as Exhibit AA,@ attached hereto and by this reference
made a part hereof.
WITNESS our hands and seals this day of 12006.
TOWN OF AVON
By:
ATTEST:
Town Clerk
STATE OF COLORADO
ss.
COUNTY OF EAGLE
The foregoing instrument was acknowledged before me this day of
2006, by Ronald B. Wolfe as Mayor and Patty McKenny as Town Clerk of the
Town of Avon.
My commission expires:
Witness my hand and official seal.
Notary Public
0
r"1 Inter Mountain
Engineering Ltd.
REAL PROPERTY
TO BE ACQUIRED FOR PERMANENT EASEMENT FOR THE
TOWN OF AVON, EAGLE RIVER RECREATION PROJECT
PARCEL RICD PE-07
DESCRIPTION
A parcel of land No. RICD PE-07, containing 0.206 acres, more or less, situated in Tract C,
Nottingham Station, as recorded in the Office of the Clerk and Recorder of Eagle County,
Colorado, at Reception No. 568147 in Book 672 at Page 130 on July 27, 1995 and being more
particularly described as follows:
The True Point of Beginning being the Southwest comer of said Tract C, Thence N 24 °43'51" E a
distance of 50.87 feet along the westerly line of said lot to the southwest comer of Tract B,
Nottingham Station;
Thence S 62 °21'49" E a distance of 130.34 feet along the common line of said Tract C and Tract
B, to a point;
Thence S 42'32'07" W a distance of 102.55 feet to a point on the southerly line of said Tract;
Thence N 36'53'40" W a distance of 112.31 feet along said southerly line to the True Point of
Beginning;
The above described parcel contains 8,972 square feet (0.206 acres), more or less;
I hereby state that the above described legal description has been prepared by me or under my
direct supervision.
'?_ — Co - -o (A
Date
+
37055
t tAIRD
AV'"" Iq
Prepared by Inter-Mountain Engineering
Ron A. Mahon, P.L.S. 37055
J:\projects\501565 \survey\RICD PE-07,doc
8392 Continental Divide Road, Suite 107 • Littleton, Colorado 80127 Phone: (303) 948-6220 Fax: (303) 948-6526
40801 U.S. Hwy 6, Suite 203 • PO Box 978 • Avon, Colorado 81620 Phone: (970) 949-5072 Fax: (970) 949-9339
Toll Free: (800) 856-2258 -
TRUE POINT
OF BEGINNING
LOT 2
RED HOUSE
TRACT C,
NO TTINGHAM STA TION
/
N 249,351 " E — RED HOUSE RECORDED PLAT
(N 24V720" E N. S.) — NOT77NGHAM STA 77ON RECORDED PLA T.
N07E-
THIS DOCUMENT DOES NOT REPRESENT A MONUMENTED SURREY.
/T IS INTENDED OM Y TO DEPICT THE A TTACHED DESCRIPTION.
TRA CT A,
NO TTINGHAM
IA
STA TION
y
0
TOWN OF AVON
PERMANENT CONSTRUCTION, MAINTENANCE AND ACCESS EASEMENT
PARCEL RICD PE -07
TRACT C, NOTTINGHAM STATION
DIME
V
i1Js doavment was prgoared for the exc"Vo
use of the LYia�t �arirnd haroun n e use
of this docwmaot or the hfamotlan
!cwnta�e I hare," by any ottror parsed or
antny is not outhortzed In the etarrt thot
My other parse" ar entity desUas to use this
document or the nfamw,l w ccnt09 handy,
fvr Me
y must Est obtaln wr,tten
ai#tariiot/ai from Inter- Atanntaln
Enaaring 7lrls aoannent arro any
In tlon contained ham" Is intended to be
U sed wlthbr ono }ear of the dote hawf.
use oRer that pesfod is not dutha kwd
TOWN OF AVON
LEGAL DESCRfP110N
PARCEL RICO PE -07
TOWN OF AVON
EAGLE COUNTY, COLORADO
�P
N
Y = NY
2/06/06
A
J� LZA I I re.
TO: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer `A
Jeffrey Schneider, Engineer 1I
Date: February 7, 2006
Re: Avon Streetscape Lighting Conversion Program Design Services Proposal
Slltt marj/: Architectural Engineering Consultants (AEC) has submitted a proposal for
Engineering Design Services for the Avon Streetscape Lighting Conversion Program. The
program generally consists of replacing existing streetscape fixtures for consistency town -
wide. The newly selected fixtures are full -cut off and of high quality. Town -wide
replacement will enable Public Works to stock a proper spare parts inventory and will likely
decrease the amount of resources spent on streetscape fixture maintenance.
We recommend approval of the Architectural Engineering Consultants Proposal for Design
Services for Avon Streetscape Lighting Conversion for an amount not to exceed $2,000
without written approval.
Background: The Lighting Conversion Capital Improvements Project is described in
the Capital Projects Fund Budget as:
"This project includes a lighting study to evaluate existing lighting conditions, adoption of an
ordinance to correct identified problems and design and reconstruction of existing town
lighting to bring into conformance with adopted lighting ordinance."
The Budget for this Project currently is $204,000 each year for five years from 2006 -2010.
The current strategy is to begin in residential areas and work towards the town core, with
yearly progress as budget permits. Hurd Lane has been selected as the first location for light
conversion, with West Beaver Creek Boulevard to follow. The new streetscape project on
Eaglebend Drive will tie into Hurd Lane and utilize identical fixtures. It is conservatively
estimated that 65 lights will be replaced per year. It is anticipated that Hurd Lane and West
Beaver Creek Boulevard can be completed in 2006. Some locations will require merely a
fixture head replacement, and some will require new poles and fixtures.
C:ADocuments And Settings\Nwood \Local Settings \Temporary Internet Files \OLK23 \Design Services COUncil Memo 2- 14- 061.Doe
The AEC design proposal is to provide technical services including but not limited to the
following:
• Preparation of new lighting specifications;
• Define the area and scope of fixture replacement;
• Provide technical assistance in preparation of contract documents for electrical
contractor;
• Meetings;
• Construction support such as submittal review, bid review, and field assistance.
AEC has worked with the Town of Avon on numerous projects and has a proven track record
of reliability and quality. The proposal includes a fixed fee not to exceed $2,000 without prior
written approval. A copy of the proposal is included as Exhibit A.
Recommendation: Approve Architectural Engineering Consultants Proposal for
Design Services for the Town of Avon Lighting Conversion project in an amount not to
exceed $2,000.
Town Manager Commen
C:'Documents And Settings\Nwood'Local Settings\Temporary Internet Files\OLK23\Design Services Council Memo 2-14-061.Doc• Page 2
JAW-S
A
Architectural Engineering Consultants
Mechanical, Electrical & Lighting Design Services
A LEED Tm Accredited Professional Office
Jeffrey Schneider, P.E. February 3, 2006
Town of Avon Engineering Department
P.O. Box 975
Avon, CO 81620
Reference: Hurd Street Lighting — Replacement Lights Via Email (3) Pages
Lighting Design Services Proposal
Dear Jeffrey,
We appreciate the opportunity to present this proposal to you. We would be glad to
assist you with this work. If this proposal is acceptable, please sign and fax back. The
sooner we know we have this project the better we can plan our work and meet your
deadlines.
Project
This project would change out the existing decorative street lights at Hurd Lane in Avon.
The lights would be changed out from the existing fixtures to a cut off type fixture.
Existing poles would be reused.
Scope of Design Services:
A. Lighting Design Service
1. Review existing lighting specifications and determine new specifications for the
street lighting fixture based on specification provided by the Town. The new
fixture will fit on to the existing pole lights and will be a cut off type light.
2. Provide a locator map to assist in defining the area of fixture replacement.
3. Provide written RFP for contractor bidding. We will write the description of
work related to the electrical work required. The Town of Avon will incorporate
our document in their standard boiler plate RFP and TOA will publish the RFP.
B. Meetings & Drawing Issues Planned
1. We will plan on (1) design coordination meeting in Avon.
2. We will plan for a progress issue and a final construction drawing issue.
40801 US Hwy 6 & 24, Suite #214, Eagle-Vail, Colorado 81620 Post Office Box 8489, Avon, CO 81620
Phone: 970-748-8520 Facsimile: 970-748-8521 Email: stan@aec-vail.com http://www.aec-vaii.com
Avon Street Lighting Replacement
February 3, 2006
Page 2
C. Construction Administration Services
1. Review Bids with Owner.
2. Review Shop drawings
3. Respond to contractor questions and construction issues.
4. Provide (1) construction site observation/final punch list.
The lighting systems listed above shall be presented in AutoCAD format on a set of
reproducible plans and specifications and delivered at the completion of the contract
document phase.
The General Scope of Design Services described in this proposal excludes the design
of the following systems. (These systems are either not requested or not required for
this project, or the design is to be accomplished by others.):
• Replacement of existing fixtures is planned only, planning for new pole
locations will be completed in a separate set of drawings.
• Documentation of Cost Reduction Proposals by Contractors
• Detailed Construction Cost Estimates
• Humidification
If the Architect or Owner requests additional meetings or site visits, our time will be
charged hourly with travel time at one half (1/2) our standard rates.
Fee
Our fee for the scope of work described will be a fixed fee of $1,950.00. Reimbursable
expenses will be less than $50.
Hourly Rates
Stan Humphries
Electrical Engineer/ Principal
$ 125.00
Bob Cummings
Mechanical Engineer/ Principal
$125.00
Mitch Hyra
Electrical Engineer, P.E.
$ 100.00
Scott Harrison
Mechanical Designer
$ 85.00
Keith Prokuski
Mechanical Designer
$ 85.00
Taylor Critchlow
Mechanical Engineer
$ 75.00
Brent Wilson
Mechanical Engineer
$ 75.00
Robert Benson
Mechanical Designer
$ 75.00
Contract Form
This proposal can be converted to a contract with an authorized signature and by
including by reference the Standard AIA C141 Architect /Engineer's contract modified by
the following:
Avon Street Lighting Replacement
February 3, 2006
Page 3
1. The fee structure and scope of work for the project is as noted above. If there are
changes in scope, our fee may have to change.
2. The only reimbursable expenses we anticipate will be for reproducibles, special
courier charges, and travel beyond Avon.
3. We will submit our bill before the first of the month and expect payment within thirty
(30) days. If payment has not been received with 30 days, we must charge interest
at 1.5 % per month.
4. The total liability of Architectural Engineering Consultants due to our negligent acts,
errors and omissions shall not exceed $5,000.00.
5. Should there be any dispute concerning our work, we request that mediation
methods be used to resolve it as quickly as possible in accordance with the laws of
the State of Colorado.
6. We shall not be liable for any consequential damages incurred regardless of the
nature of the fault or who committed it. Consequential damages include, but are not
limited to loss of use and costs of delays.
This agreement constitutes the full and entire agreement with the understanding that we
are to perform our services to the standard of care of those in our profession providing
equivalent services in this area.
Additional Services
As defined in the AIA C141 contract form in accord with our standard hourly rate
schedule.
Sincerely,
Architectural Engineering Consultants
Stanton O. Humphries
President / Owner
ACCEPTED:
Authorized Signature
M,
TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, FEBRUARY 14, 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 AT12:45 PM
12:45 PM — 1:30 PM 1. EXECUTIVE SESSION (John Dunn, Town Attorney) pursuant to CRS 24- 6- 402(4)(b)
conference with attorney for the local public body for the purpose of receiving legal
advice on specific legal questions, includes discussion on water rights relating to The
Confluence, employment of Grimshaw & Harring as legal counsel in connection with
The Confluence and potential conflicts of interest of council members
1 :30 PM — 2:00 PM 2. APPROVAL OF WORK SESSION AGENDA & COUNCIL ASSIGNMENT UPDATES
a. NWCCOG Update (Councilor Ferraro)
b. Beaver Creek Marketing (Councilor Phillips)
c. Discussion with Magnus Lindholm (Mayor Wolfe)
d. Senate Ag Committee meeting (Mayor Wolfe)
2:00 PM — 2:15 PM 3. School Site Dedication for the Village at Avon, Eagle County School
District (Karen Strakbein, Asst. Superintendent for Business Services) Discussion
regarding concerns about this dedication
2:15 PM — 2:45 PM 4. Roundabout 4 Redesign Update (Benchmark Road / Avon Road
Intersection) (Norm Wood, Town Engineer) Review of a preliminary design for full
roundabout at this intersection
2:45 PM — 5:15 PM 5. Confluence Fiscal Analysis and Financial Model Presentations
(Bernstein & Associates, East West Partners, Scott Wright, Finance Director)
Presentation of financial models concerning the Confluence development and its
impact on the Town of Avon and Avon Station /Confluence Metropolitan Districts
Riverfront Proposal & Discussion
Avon Council Meeting. 06.02. 14
Page 1 of 5
TOWN OF "ON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, FEBRUARY 14, 2006
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
WORK SESSION AGENDA
MEETING BEGINS AT12:45 PM
6. Staff Updates
a. Project Summary & Status Report (Memo only)
b. Business Registration Update (Patty McKenny, Town Clerk) Memo only
c. 2006 Street Improvements Program Final Design Update (Norm Wood,
Town Engineer) Plans & Memo only / Project with 2 phases that impact
Nottingham Road & Wildridge Road
d. Swift Gulch Road Bike Path Extension Final Design (Norm Wood, Town
Engineer) Plans & Memo only / Extending bike path from the current
eastern terminus near Public Works facility to the eastern end of
Roundabout 1 at Nottingham Road
5:15 PM 7. ADJOURNMENT
Avon Council Meeting.06.02.14
Page 2 of 5
Page 1 of 1
Patty McKenny
From: r.c.wolfe [r.c.wolfe@comcast. net]
Sent: Wednesday, February 08, 2006 8:14 AM
To: Patty McKenny
Cc: Larry Brooks; Jacquie Halburnt
Subject: Senate Committee Meeting
Patty please include the three attached documents in the Council Book under my
update on the Whitewater Park and Senate Committee hearings.
ME
2/8/2006
COMMENTS: COLORADO SENATE AGRICULTURE, NATURAL
RESOURCES & ENERGY COMMITTEE
Chairman Isgar and Committee Members, I am Ron Wolfe Mayor of the
Town of Avon
Avon is a Town of 7,000 full-time residents located on the Eagle River
in central Eagle County. We are at the base of the Beaver Creek Resort
and ski area.
Our economy is heavily driven by both summer and winter recreation
and tourism and second-home ownership. For 2006 we forecast that
51% of our municipal income will be from sales and accommodation
taxes.
After several years of studying the opportunities and benefits of a
Water Park in the Town, we filed for a RICD in December of 2005. Our
application covers three features in the Eagle River each of which is
designed to provide a specific recreation experience for Kayaking
between the hours of 8 AM and 8 PM. Flows that have been requested
are the minimum amounts necessary to provide the designated
reasonable recreation experience as determined by our engineers.
The Avon Whitewater Park will provide recreational and economic
benefits to the Town and to the larger surrounding community during
times of the year when we are usually in a slump called the "Mud
Season." Our citizens and visitors have received the Park
enthusiastically as a recreational and financial benefit to the
community. Part of our project will be the restoration of the adjacent
river banks and enhanced protection of private properties from
trespass... these are also benefits that our community values.
Estimation of the economic benefits of any Whitewater Park is a
complex and imprecise effort. For Avon the project will bring users to
the Town during our weakest economic season. Hotels and restaurants
are struggling through little or no business as locals and visitors are off
to other vacation destinations. The Whitewater Park will be a
substantial reason for people to be here and who will put money into
our economy. Equally important is the longer range benefits of visitors
in the spring. Kayakers and viewers attracted to Avon in the spring are
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likely to gain a new appreciation for the summer and winter
recreational opportunities that we offer and our range of affordable
accommodations and amenities. We see year-round benefits that will
more than payback our construction and operational costs.
Our decision to file for a RICD is driven by our need to ensure that the
Eagle River flows will be sufficient in the future so that our design
recreational experience will be protected. Our residents value the
Eagle River and its recreational opportunities and asked for
improvements to the current hydrology. Municipal Government needs
and values the economic benefits that the Whitewater Park will bring
to the Town.
We have worked carefully with our engineers, water attorneys and the
staff of the CWCB to craft a RICD Application that is reasonable,
responsible and sufficient for our needs. We have spent very
significant time and money to design our watercourse and prepare the
RICD Application in compliance with Senate Bill #216 and the
requirements of the CWCB. We accomplished our work in a timely
fashion under these existing rules. New legislation should not apply
retroactively and cost us more time and money. Finality of our RICD is
also critical. Retained jurisdiction periods should not be lengthy or
open-ended so that we do not incur future uncertainty and possible
additional costs and lost time.
Thank you Senators for providing this opportunity to share our point-
of-view.
[-respond to any questions and use Matzke/Greer 2/7/2006
"Oppose/Support" Memo of bullet points;
-If asked total cost of project is $400,000 ($250,000 for design &
construction and $150,000 for RICD Application)
-If asked estimated economic benefit is "several hundred thousand
dollars per year," "guestimate of $2-300,000 per year" if asked for
specifics.]
Film
MEMORANDUM
TO: Ron Wolfe
CC: Norman Wood
FROM: Doran Matzke
Gary Greer
DATE: February 7, 2006
RE: SB 06 -037
In preparation for our telephone call this afternoon, and your testimony before the Senate
Agriculture Committee this Thursday, we are providing the following summary of the current law
and proposed legislation pertaining to Recreational In Channel Diversions (RICDs):
I. Senate Bill 216:
A. Senate Bill 216 became law in 2001 and is codified at C.R.S. § 37 -92- 102(5).
B. Main provisions of the current statute:
1. Establishes a procedure for adjudicating in- stream diversions by local
governmental entities for recreational uses.
2. Sets forth five statutory factors that must be considered ( "Five Factors "):
a. Compact impainnent
b. Stream reach appropriateness
C. Access availability
d. Injury to in- stream flow rights
e. Maximum Utilization
3. Defines a RICD as the "minimum" stream flow necessary for an objectively
reasonable recreation experience.
4. Describes review and adjudication procedure for RICD Applications:
a. File Application with Water Court.
b. Submit Application to CWCB (which reviews the Application on the
Five Factors and makes a recommendation to the Water Court as to
whether the Application should be granted, denied, or granted with
conditions).
C. Return to Water Court for judicial adjudication (Court must consider
the CWCB`s recommendations as presumptively valid).
H
II. 2006 Legislation (SB 06 -037)
A. Background
1. In the 2005 Legislative Session, Senate Bill 62 was reported out of
committee, but lost on second reading on the House floor. That bill:
(i) limited RICD flows to a maximum of 350 cfs, (ii) allowed a RICD for
kayaking, canoeing, inner tubing, boating and rafting; and (iii) would have
applied only to RICDs filed after February 17, 2005.
2. Since the 2005 legislative session, the Senate Agriculture Conunittee has held
interim hearings on draft RICD legislation. In addition, the Colorado Water
Congress ( "CWC ") created a State Affairs subcommittee to review and
comment on the proposed legislation. On Monday, the CWC voted that it
would not support the bill as drafted.
B. Main Provisions of Senate Bill 37:
Limits CWCB's Review to Only Three of the Five Factors:
a. Current law provides that the CWCB is to consider and make findings
on all Five Factors as well as one catch all or "discretionary" factor.
b. This bill eliminates two of the five factors from the CWCB's review
— it eliminates "access availability" and "appropriateness of stream
reach."
C. This bill also deletes the "discretionary" factor that allowed the
CWCB to consider, "such other factors as may be detennined
appropriate for evaluation."
2. Eliminates CWCB Recommendation on Granting or Denying the
Application:
a. Current law provides that the CWCB shall make a recommendation
to the Water Court as to whether the Court should "grant, grant with
conditions, or deny" the application.
b. This bill eliminates that provision. The CWCB will still consider and
make written findings on more limited factors, and these findings are
still considered presumptively correct bythe Court, subject to rebuttal
by another Party.
3. Eliminates the Public Hearing Requirement but Requires a Public Meeting:
a. Current law provides that the CWCB shall hold a public hearing if
one is requested by the CWCB, the Applicant or any Party.
b. This bill requires the CWCB hold a "public meeting," instead of a
hearing.
4. Compact hnpairment:
a. Under current law, one of the factors to be considered by the CWCB
and then the Court is whether the RICD would impair the ability of
Colorado to fully develop and place to consumptive beneficial use its
compact entitlements.
b. This bill adds the word "materially" before impact, so that the Court
must consider whether the RICD would materially impact
development of Colorado's compact entitlements.
C. This bill adds a provision stating that, if the Water Court detennines
that a RICD would materially impair Colorado's development and use
of its compact entitlements, the Court must deny the application.
Definitions:
a. Control Structure: The current statute does not include a definition
of "Control Structure." Under this bill, a Control Structure: (i) can
be constructed of natural or man -made materials; (ii) must "divert,
capture, possess and control" the water in its natural course; (iii) must
be designed by a Professional Engineer; and (iv) must operate
"efficiently and without waste to produce the specified reasonable
recreation experience."
b. Reasonable Recreational Experience: The current statute does not
include a definition of a "Reasonable Recreational Experience." In
this bill, it is defined to include only kayaking. The definition,
however, also adds the following sentence, "Other recreational
activities may occur but may not serve as evidence of a Reasonable
Recreation Experience."
Diversion: The revised definition includes "Control Structure" as a
means of making a diversion.
d. RICD: The revised definition eliminates the word "minimum" in
reference to the stream flow allowed for a RICD.
6. Hours and Days of Operation (included in the RICD definition):
a. From "between one half hour after sunrise to one half hour after
sunset."
b. From April 1 to Labor Day.
C. These hour and day limits apply, "unless the Applicant can
demonstrate that there will be demand for the reasonable recreation
experience in additional hours or months."
7. De minimus Provision (also included in the RICD definition):
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a. This bill provides that there is a "presumption" of non - injury to a
RICD water right from subsequent water rights appropriations if these
junior appropriations (or changes) do "not exceed one -half of one
percent of the lowest decreed rate of flow" for the RICD.
b. We understand that Senator Isgar, the Committee Chairman, plans to
introduce an amendment that would make two changes to this
provision. First, it would change the "one -half of one percent" to
"one -tenth of one percent." Second, it would add an "accumulation"
provision that would cap the amount of de minimis appropriations
that are deemed presumptively non - injurious. A possible cap might
be 2% the lowest decreed flow rate (which in Avon's case would be
a cap of 4 cfs because the decreed flow rate at Baby Bob will be 200
cfs).
90% Call Threshold:
a. As drafted, the current bill provides that the State Engineer cannot
administer a RICD call, "unless at least ninety percent of the decreed
rate of flow for the applicable period is present." This provision
seems to defeat the purpose of a RICD right because the purpose of
a RICD right is to be able to call out junior rights when water
sufficient to meet the RICD right is not available in the river. Also,
the bill does define where the 90% amount is to be measured.
b. We understand Senator Isgar plans to introduce an amendment that
would change this provision. The amendment would clarify that the
State Engineer would not administer a RICD call unless the call
would result in the "delivery" of 90% of the decreed rate of flow.
This "delivery" language is consistent with the "trigger" provisions
the CWCB typically insists be included in all final RICD decrees.
The CWCB has already told us they will require a term or condition
that prohibits Avon from making a call unless the call will result in
a flow of at least 90% of the decreed right used as the basis of the
call.
9. Water Court Findings:
a. This bill imposes an affirmative obligation on the Water Court to
make specific findings. In addition to findings on the Five Factors,
this bill adds that the Court, "shall consider all of the factors that bear
on the reasonableness of the claim," including: (1) the flow needed to
accomplish the recreational use, (ii) benefits to the community; (iii)
intent of the appropriator; (iv) streain size and characteristics, and (v)
total stream flow available at the Control Structures during the period
for which the application is made.
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10. Retained Jurisdiction:
a. The current law does not include a "retained jurisdiction" provision.
b. This bill provides: (1) retained jurisdiction for 20 years; (ii) during
this period, any party can ask for reconsideration of the Decree; and
(iii) issues to be considered include whether the recreation has ceased,
whether the control structure have been altered or removed, whether
the flow amounts are still necessary, or other matters deemed
appropriate.
C. There is strong opposition to this provision. Some of the arguments
against this provision include the following: (i) there should be no
retained jurisdiction period because Applicants need finality to their
water rights, or the retained jurisdiction period should be shorter (e.g_,
5 years); (ii) there should be some limit on who can reopen a decree
(e.g., limited to the original opposers to the Application); and (iii) the
reasons for reconsideration are too broad and are ripe for abuse (e.g.,
the Water Court should not be able to reevaluate flow rates, and the
open -ended "other matters" provision should be deleted).
11. Applicability:
a. The current version of the bill provides that the act will apply only to
applications filed "on or after the effective date" of the act, which
presumably would be July 1, 2006.
b. For Avon, the key is whether this new legislation will be made
applicable to Avon as a result of Avon's subsequent filing to make its
conditional RICD water rights absolute, and whether this new
legislation will apply to subsequent administration of Avon's RICD
rights.
C. We understand that Senator Isgar intends to offer an amendment
which should address these issues. The proposed amendment would
add the following words (in bold) to the current provision: "This act
shall apply only to applications for new appropriations and the
administration of new water rights for in- channel diversions filed
on or after the effective date of this act."
5
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MEMORANDUM
PRIVILEGED AND CONFIDENTIAL
ATTORNEY- CLIENT COMMUNICATION
TO: Ron Wolfe
CC: Norman Wood
FROM: Doran Matzke
Gary Greer
DATE: February 7, 2006
RE: SB 06 -037 (Draft Legislation and Suggested Positions)
Attached is a copy of the latest version of Senate Bill 37, which we received about 3:00
this afternoon.
Below are suggested positions for Avon to take on the proposed changes to Senate Bill 37
(the numbers correspond to those in the memorandum we sent earlier today).
Support the provisions that limit CWCB review to three of the five factors.
2. Support the provision that eliminates CWCB recommendations to the Water
Court.
Support changing the public hearing provision to a provision for a public
meeting, only, but not if weight greater than a simple rebuttable presumption is to
be given CWCB findings in Water Court.
4. Support adding the word "materially" in the phrase pertaining to impacting
Colorado's compact entitlements.
5a. Support the definition of Control Structure in the bill subject to the understanding
that the standards "capture" and "possess" in the definition of a Control Structure
are met by the act of concentrating the flow of the river.
5b. Support the definition of Reasonable Recreation Experience as including only
kayaking.
5d. Support the elimination of the word "minimum" from the definition of an RICD.
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7. Oppose the "de minimis" provision in the bill as introduced that would establish a
presumption of non - injury from future upstream diversions that do not exceed
one -half of one percent of the lowest decreed rate of flow for the RICD.
Would Support a "de minimis" provision that would establish a presumption of
non - injury from future upstream appropriations of one -tenth of one percent with
an accumulation cap of two percent of the lowest decreed rate of flow.
Oppose the 90% call threshold as written in the introduced bill but would
Support a revised wording of the 90% call threshold that would provide that the
State Engineer would not administer a RICD call unless the call would result in a
delivery of 90% of the decreed rate of flow at the RICD within a reasonable time.
10. Oppose the 20 -year retained jurisdiction provision for reconsideration of the
decree on any grounds other than abandonment.
11. Oppose the "Applicability" clause as introduced but would Support it if it were
changed to read "This act shall apply only to THE DETERMINATION OF and
administration of new recreational in- channel diversions THE APPLICATIONS
FOR WHICH ARE filed WITH THE WATER CLERK on or after the effective
date of this act. "
Second Regular Session
Sixty -fifth General Assembly
STATE OF COLORADO
LLS NO. 06- 0136.01 Thomas Morris
SENATE SPONSORSHIP
Isgar,
HOUSE SPONSORSHIP
Curry,
INTRODUCED
SENATE BILL 06 -037
Senate Committees House Committees
Agriculture, Natural Resources & Energy
A BILL FOR AN ACT
101 CONCERNING THE ADJUDICATION OF RECREATIONAL IN- CHANNEL
102 DIVERSIONS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Water Resources Review Committee. Modifies the requirements
applicable to the adjudication of a recreational in- channel diversion
( "RICD ") by:
Deleting 2 of the required factors and the discretionary
factor with regard to which the Colorado water
conservation board was required to make findings of fact;
Deleting the requirement that the board make a
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
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recommendation regarding whether the application should
be denied, granted, or granted with conditions;
Changing the definitions of "recreational in- channel
diversion" and "diversion" and adding definitions of
°'control structure" and "reasonable recreation experience ".
Limits the definition of "reasonable recreation experience"
to kayaking;
Requiring the water court to make specific findings
regarding the application;
Limiting the use of RICDs to specified hours from April 1
to Labor Day and specifying that a call will be administered
only if it results in delivery of at least 90% of the decreed
rate of flow for the applicable time period; and
Requiring the water court to retain jurisdiction for at least
20 years to allow reconsideration of the decree.
Applies the act only to applications for and the administration of
new RICDs filed on or after the effective date of the act.
Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 37 -92 -102 (6) (a), (6) (b), and (6) (c), Colorado
Revised Statutes, are amended to read:
4 37 -92 -102. Legislative declaration - basic tenets of Colorado
water law. (6) (a) Following a public hearing, if ,
• - � � : � - - � �= �)• r��l�i% ��ti���ur. ��lKKil��1��l�f�H {1�(�/�r�A =S�J
VULM11 l�nf.7�nll�a��IV -21rll mem?1 rlucK����t��t�i1/lkul wa=
9 (b) hI determining whether the board shall recommend that the
10 , The
11 board, AFTER DELIBERATION IN A PUBLIC MEETING, shall consider the
12 following factors and make written findings thereon As TO EACH:
13 (I) Whether the adjudication and administration of the recreational
14 in- channel diversion would MATERIALLY impair the ability of Colorado
15 to fully develop and place to consumptive beneficial use its compact
16 entitlements;
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2 (III) Whethet th%M., -
3 (IV) Whether exercise of the recreational in- channel diversion
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would cause material injury to instream flow water rights appropriated
pursuant to subsections (3) and (4) of this section; AND
(V) Whether adjudication and administration of the recreational
in- channel diversion would promote maximum utilization ofwaters of the
state.
(VI) Stich other factors as may be &-termintd-aM _. . ate for
evaittation of recreational in-channel diversi--s- and set forth in rales
.
(c) Within ninety days after the filing of statements of opposition,
the board shall report its findings to the water court for review pursuant
to section 37 -92 -305 (13). The board may
participation FULLY PARTICIPATE in the water court proceedings.
SECTION 2. 37 -92 -103 (7) and (10.3), Colorado Revised
Statutes, are amended, and the said 37 -92 -103 is further amended BY
THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to
read:
37 -92 -103. Definitions. As used in this article, unless the context
otherwise requires:
(6.3) "CONTROL STRUCTURE" MEANS A STRUCTURE CONSISTING OF
DURABLE MAN -MADE OR NATURAL MATERIALS THAT HAS BEEN PLACED
WITH THE INTENT TO DIVERT, CAPTURE, POSSESS, AND CONTROL WATER IN
ITS NATURAL COURSE FOR A SPECIFIED RECREATIONAL IN- CHANNEL
DIVERSION. THE CONTROL STRUCTURE SHALL BE DESIGNED BY A
PROFESSIONAL ENGINEER AND CONSTRUCTED SO THAT IT WILL OPERATE
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I EFFICIENTLY AND WITHOUT WASTE TO PRODUCE THE SPECIFIED
2 REASONABLE RECREATION EXPERIENCE. CONCENTRATION OF RIVER FLOW
3 BY A CONTROL STRUCTURE CONSTITUTES CONTROL OF WATER FOR A
4 RECREATIONAL IN- CHANNEL DIVERSION.
5 (7) "Diversion" or "divert" means removing water from its natural
6 course or location, or controlling water in its natural course or location,
7 by means of a CONTROL STRUCTURE, ditch, canal, flume, reservoir,
8 bypass, pipeline, conduit, well, pump, or other structure or device; except
9 that, ON AND AFTER JANUARY 1, 2001, only a county, municipality, city
10 and county, water district, water and sanitation district, water
11 conservation district, or water conservancy district may FILE AN
12 APPLICATION TO control water in its natural course or location BY MEANS
13 OF A CONTROL STRUCTURE for recreational in- channel diversions. phis
14 does not apply to applications filed i I
15 (10.1) "REASONABLE RECREATION EXPERIENCE" MEANS THE USE
16 OF A RECREATIONAL IN- CHANNEL DIVERSION FOR, AND LIMITED TO,
17 KAYAKING. OTHER RECREATIONAL ACTIVITIES MAY OCCUR BUT MAY NOT
18 SERVE AS EVIDENCE OF A REASONABLE RECREATION EXPERIENCE.
19 (10.3) "Recreational in- channel diversion" means the mmirrtrnrt
20 AMOUNT OF stream flow as it is diverted, captured, controlled, and placed
21 to beneficial use between specific points defined by physical control
22 structures pursuant to an application filed by a county, municipality, city
23 and county, water district, water and sanitation district, water
24 conservation district, or water conservancy district for a reasonable
25 recreation experience in and on the water, BETWEEN ONE HALF HOUR
26 AFTER SUNRISE TO ONE HALF HOUR AFTER SUNSET FROM APRIL 1 TO
27 LABOR DAY OF EACH YEAR UNLESS THE APPLICANT CAN DEMONSTRATE
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SB06 -037
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THAT THERE WILL BE DEMAND FOR THE REASONABLE RECREATION
EXPERIENCE IN ADDITIONAL HOURS OR MONTHS. THERE SHALL BE A
PRESUMPTION THAT THERE WILL NOT BE MATERIAL INJURY TO A
RECREATIONAL IN- CHANNEL DIVERSION WATER RIGHT FROM SUBSEQUENT
APPROPRIATIONS OR CHANGES OF WATER RIGHTS IF THE EFFECT ON THE
RECREATIONAL IN- CHANNEL DIVERSION CAUSED BY SUCH APPROPRIATIONS
OR CHANGES DOES NOT EXCEED ONE -HALF OF ONE PERCENT OF THE
LOWEST DECREED RATE OF FLOW FOR THE RECREATIONAL IN- CHANNEL
DIVERSION.
SECTION 3. 37 -92 -305 (13), Colorado Revised Statutes, is
amended to read:
37 -92 -305. Standards with respect to rulings of the referee and
decisions of the water judge. (13) (a) The water court shall apply the
CONSIDER THE findings of
fact MADE BY the Colorado water
conservation board PURSUANT TO SECTION 37 -92 -102 (6) (b) REGARDING
A RECREATIONAL IN- CHANNEL DIVERSION, WHICH FINDINGS shall be
presumptive as to such facts, subject to rebuttal by any party. IN
ADDITION, THE WATER COURT SHALL CONSIDER EVIDENCE AND MAKE
AFFIRMATIVE FINDINGS THAT THE RECREATIONAL IN- CHANNELDIVERSION
WILL:
(1) NOT MATERIALLY IMPAIR THE ABILITY OF COLORADO TO FULLY
DEVELOP AND PLACE TO CONSUMPTIVE BENEFICIAL USE ITS COMPACT
ENTITLEMENTS;
(II) PROMOTE MAXIMUM UTILIZATION OF WATERS OF THE STATE;
(III) INCLUDE ONLY THAT REACH OF STREAM THAT IS APPROPRIATE
AND REQUIRED FOR THE INTENDED USE;
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(IV) BE ACCESSIBLE TO THE PUBLIC FOR THE RECREATIONAL
IN- CHANNEL USE PROPOSED; AND
(V) NOT CAUSE MATERIAL INJURY TO INSTREAM FLOW WATER
RIGHTS APPROPRIATED PURSUANT TO SECTION 37 -92 -102 (3) AND (4).
(b) IN DETERMINING WHETHER THE INTENDED RECREATION
EXPERIENCE IS REASONABLE AND THE CLAIMED AMOUNT IS THE
APPROPRIATE FLOW FOR ANY PERIOD, THE WATER COURT SHALL CONSIDER
ALL OF THE FACTORS THAT BEAR ON THE REASONABLENESS OF THE CLAIM,
INCLUDING THE FLOW NEEDED TO ACCOMPLISH THE CLAIMED
RECREATIONAL USE, BENEFITS TO THE COMMUNITY, THE INTENT OF THE
APPROPRIATOR, STREAM SIZE AND CHARACTERISTICS, AND TOTAL
STREAMFLOW AVAILABLE AT THE CONTROL STRUCTURES DURING THE
PERIOD OR ANY SUBPERIODS FOR WHICH THE APPLICATION IS MADE.
(C) IF A WATER COURT DETERMINES THAT A PROPOSED
RECREATIONAL IN- CHANNEL DIVERSION WOULD MATERIALLY IMPAIR THE
ABILITY OF COLORADO TO FULLY DEVELOP AND PLACE TO CONSUMPTIVE
BENEFICIAL USE ITS COMPACT ENTITLEMENTS, THE COURT SHALL DENY
THE APPLICATION. THE DECREE SHALL SPECIFY THAT THE STATE ENGINEER
SHALL NOT ADMINISTER A CALL FOR A RECREATIONAL IN- CHANNEL
DIVERSION UNLESS AT LEAST NINETY PERCENT OF THE DECREED RATE OF
FLOW FOR THE APPLICABLE TIME PERIOD IS PRESENT.
(d) THE WATER COURT SHALL RETAIN JURISDICTION OVER A
RECREATIONAL IN- CHANNEL DIVERSION FOR A MINIMUM PERIOD OF
TWENTY YEARS, DURING WHICH TIME IT MAY RECONSIDER ITS DECREE
UPON MOTION OF ANY PARTY TO DETERMINE IF RECREATION HAS CEASED,
THE CONTROL STRUCTURES HAVE BEEN ALTERED OR REMOVED, THE FLOW
AMOUNT DECREED IS NO LONGER NECESSARY, OR SUCH OTHER MATTERS
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I AS IT DEEMS APPROPRIATE.
2 SECTION 4. Applicability. This act shall apply only to
3 applications for and the administration of new recreational in- channel
4 diversions filed on or after the effective date of this act.
5 SECTION 5. Safety clause. The general assembly hereby finds,
6 determines, and declares that this act is necessary for the immediate
7 preservation of the public peace, health, and safety.
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HEART of the VALLEY
• 1 'i'1/
C O L O R A D O
Office of the Town Manager
To: Honorable Mayor and Town Council t
From: Larry Brooks, Town Manager
Date: February 9, 2006
Regarding: School Site dedication for the Village at Avon
Summary:
As the result of our recent pre- application meeting with the Village on January 24, 1 received
a call from Karen Strakbein (School District Assistant Superintendent). While Karen and
have been unable to speak directly, I understand through voice mail messages that the
District is uneasy with some of the discussion from that council meeting, and wishes to
speak with the council directly to insure there is no misunderstanding about the School site
on the Village property.
Of specific concern to Karen was the reference to a possible Charter School on the site. I
believe the District is concerned that the site may be pledged to a use not determined by the
School Board. I have assured Karen that we have not changed any provisions of the
existing Village agreement, nor our commitment to work with the District to satisfy the
obligations of that agreement. That assurance aside, I agree with Karen that direct
discussion with the council on this subject is productive. This is not the time for any
misunderstandings.
The latest correspondence regarding this matter that we have received from the District was
on January 3,2006. This information is not dissimilar to positions received prior to letter. I
have attached a copy of the letter for your review.
January 3, 2006
P.O. BOX 740 • EAGLE, COLORADO 81631 • 970.328.6321 • FAX 970.328.1024
Honorable Town Council Members
Town of Avon
PO Box 975
Avon, CO 81620
RE: VILLAGE AT AVON - SCHOOL SITE
Dear Council Members,
Thank you for the opportunity to provide comments on the proposed relocation of the school site
at the Village at Avon dated September 2005. We understand that this draft PUD Amendment
has not been officially submitted to the Town of Avon at this time; however, we felt it was
important to provide the school district's perspective of this relocation as the Town works
through the submission process.
The school district is conceptually in favor of the September 2005 proposal which includes
moving the 7.3 acre school site Area G from RMF -1 to a 7.3 acre site within planning area D
south of I -70. This proposal is consistent with the community input meeting held by the school
district on November 17th, 2004, and the Board of Education meeting on December 8th, 2004, in
which the Board of Education requested that Traer Creek LLC proceed with planning the school
site within planning area D.
As this planning process continues, the school district would respectfully request the following
considerations are applied to this new school site within planning area D:
• Access and all utilities are delivered to the school site boundary at the developer's
expense.
• As school buildings, parking lots and athletic fields require large, flat footprints, we
would request that the entire 7.3 acres be buildable and that the slope of the property be
minimal. We recommend that, at a minimum, 80% of the School Site shall have a slope
of 10% or less and the balance of the School Site shall have a slope of 20% or less.
• The school site should be adequately buffered from any proposed commercial
development by either residential land uses or a community park.
• The timing of when the school site is available for development is critical. The Board
requests that a reasonable development phasing plan be established to ensure that the
school site is prepared and ready for development commensurate with the pace of
residential development within the project.
Finally, the district continues to be interested in entering into a school site agreement with the
school district, Traer Creek LLC and the Town of Avon detailing these items. A draft of an
agreement has been produced and can be updated to be included in the PUD that relocates the
school site within Area D when necessary.
The Board of Education continues to be adamant that the school site should have access, utilities,
topography and location to allow for a quality educational facility to be constructed.
Additionally, the Board believes strongly that a site must be identified and agreed upon prior to
approval of the PUD amendment.
We look forward to working with you and Traer Creek LLC to identify and plan the future
school site in the Village at Avon development. We believe that in working together we can
jointly locate and finalize a superior school site for the residents of the Avon area. Thank your
for your time and consideration.
Sincerely,
Karen Strakbein
Assistant Superintendent for Business Services
Cc Larry Brooks, Town Manager
Board of Education
John Brendza, Superintendent
Dan Leary, Traer Creek
� J� L:4 I I M
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
f
From: Norman Wood, Town Engineer
Date: February 5, 2006
Re: Roundabout 4 (Benchmark Road/Avon Road Intersection) - Preliminary
Design for Full Roundabout
Summary: Ourston Roundabout Engineering has completed the First Stage of the
Concept Design & Feasibility Study for the Redesign of Roundabout 4. At this stage the
Study indicates that it is possible to reconstruct Roundabout 4 to accommodate full turning
movements with some limitations. In general the attached Grading Plan Avon/Benchmark
Roundabout (Exhibit 1) and Profiles Avon/Benchmark Roundabout (Exhibit 2) show 28 foot
width lane on the south side of roundabout in the vicinity of the existing gated emergency
lane. The slope of the lane from the center island is approximately 1.5% which compares
with a typical 2% cross slope on streets and roads. The grades on Avon Road will increase
from approximately 7% to 8% which will be accomplished by raising the grade of the
existing roadway a maximum of approximately 1.5 feet on the northbound lane and 2.0 feet
on the southbound lanes. These changes appear to be generally within the confines of the
current road and walkway alignment.
The basic analysis is based on the turning movements of a WB -62 Truck. This is a tractor
trailer combination with a 48 foot trailer. Many of the tractor trailer combinations we now see
coming through on the Inter -State are WB -67 combination which is a tractor trailer
combination with a 53 foot trailer. The diagram on the attached Grading Plan
Avon/Benchmark Roundabout shows that a WB -62 tractor trailer combination can navigate
the proposed Roundabout from West to North. However it does appear to utilize the full
width of the driving lanes and the narrative indicates that further study is needed to determine
if it would be possible to complete the movement going to the east due to sharp reverse curve
exit. The ideal solution is to prohibit large truck turning movements from this intersection.
Supplemental diagrams show turning movements, from West to East (Exhibit 3) and West to
North (Exhibit 4), for a 45 foot bus through the roundabout. The modeled bus is the
equivalent of an over the road (Grey Hound/Tour Bus) so should adequately define the limits
of Town and ECO Buses expected to use the Roundabout. Both the West to North and West
to East movements appear to function satisfactorily even though it does indicate some
L\ Engineering \CIP \Roundabout #4\Phase I Memo.Doc I
encroachment into adjoining lanes. This is consistent with the movement of large vehicles
through the other roundabouts.
Pedestrian Issues (Exhibit 5) offers some basic observations and suggestions for improving
pedestrian crossings but do not provide specific recommendations at this time. Some of the
suggestions have been investigated by the Town and some have been instituted and some
have been rejected as not suitable for the environment. This issue can be further investigated
in the second stage of the study.
We believe that the First Stage of the Roundabout 4 Study (Concept Design & Feasibility)
shows a reasonable possibility that it can be redesigned to create a full movement roundabout
with limitations on only the larger over the road vehicles. Subsequently, we recommend that
council accept the first stage of the study and proceed with the Second Stage of the Design &
Capacity Analysis. The Cost of the Second Stage is $ 11,000 per Agreement approved by
Council at the October 11, 2005 meeting.
Recommendation: Provide comments and input with respect to the first phase of
the Roundabout 4 Redesign to be considered in completion of the Study.
Town Manager Comments:
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Attachments:
Exhibit 1
Grading Plan Avon/Benchmark Roundabout
Exhibit 2
Profiles Avon/Benchmark Roundabout
Exhibit 3
West to East - Bus Movement Diagram
Exhibit 4
West to North - Bus Movement Diagram
Exhibit 5
Pedestrian Issues
I:AEngineeringAC[P \RoandabOUT#4 \Phase I Memo.Doc 2
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PEDESTRIAN ISSUES:
Leif and I discussed the pedestrian issues and Leif had some sage advice as usual
There ksawise strategy for addressing pedestrian safety and we think that this is as important as
the alternative improvements. |tis not apparent from m> field experience with these roundabouts
that there iu any problem except the perception of pedestrian safety. Pedestrians feel more
secure at traffic signals but the measured safety performance at signals is poor for pedestrians.
Notwithstanding, they still feel at risk atroundabouts. So, their level of security feels higher but
the lower real safety afforded by the cross walk symbol at a traffic signal does not coincide with
their perception. Roundabouts on the other hand give pedestrians a lower sense of security but a
higher level of measured safety because what you see io what you get. |n other words, their
expectations are that drivers don't always stop so as pedestrians they need to be more vigilant
than at traffic signals. Coincidentally, the driver's expectations are matched with the pedestrians
so roundabouts tend to feel less safe but they actually operate more predictably.
Nevertheless, there are ways to improve visibility and awareness without compromising the
existing efficiencies and safety afforded by the roundabouts. The goal is to improve appearance
but not affect good operations.
Possible improvements bzpedestrian visibility and crossing design:
Pedestrian scale lighting /n addition bo the general roadway lighting. Several roundabout
guidelines on lighting suggest two levels of design for urban roundabouts; one for the general
lighting; the other for pedestrians. The best design provides vertical luminance of the pedestrian
from the driver's view approaching or leaving aroundabout. Therefore placement ofthe
pedestrian scale light poles, which tend to be shorter than street lighting poles, must improve
vertical luminance so that the front of the pedestrian is lit up in the driver's view, not having the
light behind them placing them into shadows where the driver can only see an outline. This
treatment can bo quite effective to improve visibility ofpedestrians.
Clear some of the vegetation that is obstructing the view of the cross-walks from the
approaches. The last time | was in Avon, 2005.we noticed some of the median plantings
blocking the view o/ pedestrians from the approaches. Sight lines for all directions and
approaches should bechecked. There may be some retaining walls and roadside features that
also block the view of the cross walks.
Add signage to encourage drivers 6n yield bopedestrians. | frequent Sarasota Florida where
the St. Annand's circle has signs nn each approach toapedestrian crossing warning drivers to
yield or pay a fine, approx. $1G0 (the fine io clearly displayed on the nign). I've never seen u
driver pass over a crosswalk when a pedestrian is part way into the crossing. Since Sarasota is
also touristy, you would expect non-residents b>be unfamiliar but they really behave. At that site,
pedestrian mobility isa higher priority ae compared ho vehicular mobility. There inno
consequence of doing this in Avon because the pedestrian vo|umasaneon|yheavyenoughto
affect entry capacity before and after the July 4mfireworks. /\ congested roundabout actually
allows more pedestrian traffic tocross. |n off-peak periods the vehicular volume ia not enough to
be concerned about because only short queues develop because of pedestrian priority.
Treat the cross-walk areas by contrasting or raised treatments. You already have raised
cross walks at several crossings and if memory serves me they are contrasting in color. Making
sun* that they are well maintained will help and that the markings are also well maintained is help
but a challenge with climatic effects ondurability.
°S 7
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Some other treatments that are showing promise in limited applications.
The first is to use pedestrian crossing signs, seasonally, to highlight the need for motorists to
yield. The sign style ia approved for use inK8UTCD(2003). Madison VV|ie one jurisdiction that
has been studying this application and found some success with the version that is placed near
the cross walk between lanes oron the lane lines. Unfortunately, the residents wanted tohave
them maintained in the winter but snow removal made it impossible.
The second device is an in-pavement LED system for cross-walks that can be push-button
assisted. Although the in-pavement flashers are bright and conspicuous, the use of a push-
button raises issues of assumed right-of-way and wise use by pedestrians, e.g. what happens
when they don't push the button tocross? I've seen versions of this with and without the push
buttons. Either way it's likely tobea bit pricey to install them ina retrofit condition.
2
To:
Honorable Mayor and Town Council
Thru:
Larry Brooks, Town Manager
From:
Scott Wright, Finance Direct'"
Date:
February 9, 2006
Re:
Confluence Financial Models
For nearly a year, through the work of Stan Bernstein & Associates, the Town of Avon has
been modeling the financial impacts of East West Partner's proposed development on the
Confluence parcel. As outlined below, the attached documents represent staff's efforts to
communicate the most recent iterations of this financial modeling and to share other pertinent
documents that make up the whole of the financial aspects of this proposed development.
It is important to remember that any assumptions in these models are given to reflect
the financial behavior of the development, the Districts, and the Town. They do not
represent a commitment from the Town or the developer, but instead serve as a point
from which to begin discussions. Final negotiations rest with the Council.
The fiscal impact models include several key changes to the original PUD and development
agreement adopted in 1998, including elimination of all sales and accommodation tax rebates,
inclusion of a time -share amenities fee, and in- lieu -of affordable housing payments to the
Town. In addition, staff has directed Stan Bernstein & Associates to include in the fiscal
impact models a $240,000 annual contribution to Gondola operating costs, and a $40,000
annual contribution to maintenance costs of the public plaza and public restrooms.
East West Partner's initial proposed PUD and development agreement amendments included
a $3,820,000 capital contribution by the Town to assist in financing the public infrastructure
and public facilities associated with the project, including $609,000 for the riverfront park,
$597,000 for the public plaza and landscaping, $857,000 for construction of the on -grade
railroad crossings, $400,000 for the purchase of land for a potential light rail station, and
$1,357,000 for Avon Road/Hurd Lane improvements. The models presented include capital
contributions in the form of real estate transfer tax rebates from the Town of $609,000 toward
the riverfront park, and $507,000 toward the public plaza.
Page 1
Staff recommends that the Town construct and maintain the railroad crossings at its own
expense because the on -grade crossings were applied for by the Town through the Public
Utilities Commission's hearing process.
The on -grade railroad crossings are currently included in the Town's CIP budget under the
Town Center/Mall project. The Town of Avon fiscal impact model illustrates that the first
$1.5 million from real estate transfer taxes received from the Confluence project are set aside
to secure the finances for a separated pedestrian crossing in the event it becomes necessary in
the future. This set -aside occurs prior to any rebates related to capital contributions to the
project.
Town of Avon Fiscal Impacts
This section is comprised of three documents: (1) a memorandum from Stan Bernstein &
Associates with comments regarding the fiscal impacts to the Town of Avon of the proposed
development plan; (2) a `Base Case' development scenario fiscal impact model; and, (3) a
`Conservative Case' development scenario fiscal impact model.
Avon Station and Confluence Metropolitan District Fiscal Impacts
This section is comprised of two documents: (1) a memorandum from Stan Bernstein &
Associates providing an executive summary of the operating and capital financing model for
the Confluence and Avon Station Metropolitan Districts; and, (2) a fiscal impact model of the
Confluence and Avon Station Metropolitan Districts.
Gondola Economic Impact Analysis
This section includes a memorandum from Stan Bernstein & Associates regarding comments
on the THK Associates' Gondola Economic Impact Analysis. The full text of THK's analysis
was included in the development application.
History of Confluence Annexation
This is a copy of a memorandum and diagram illustrating the history of the annexation of the
Confluence and the amendments to the original development agreement due to the subsequent
exclusion of Lot C (Sheraton Mountain Vista)
Diagrams of Capital Financing and Operations for Confluence Metro District
These diagrams attempt to illustrate how the capital costs and ongoing operations of the
Confluence Metropolitan District will be met.
Town Manager Comments
Stan Bernstein and Associates, Inc.
Financial Planners and Consultants
For Local Governments, Municipal Bond Underwriters, and Real Estate Developers
8400 East Prentice Ave., Penthouse
Greenwood Village, Colorado 80111
Telephone: 303 - 409 -7611; Fax: 303 - 409 -7612; Email: stanplan @earthlink.net
man •'• i
TO: Mr. Larry Brooks, Town Manager
FROM: Stan Bernstein, Amy Bernstein
DATE: -• li•
SUBJECT: Comments re: Revised Analysis of Fiscal Impacts of East West Partners'
Proposed Development Plan for The Confluence at Avon
Background
Stan Bernstein and Associates, Inc. ( "SBA ") has assembled an analysis of the fiscal impacts to the
Town of Avon ( "Town "), associated with East West Partners' proposed development plan for The
Confluence At Avon. The SBA analysis measures expected revenues from sales and
accommodation taxes, property taxes, real estate transfer taxes, and various fees, and expected
incremental costs to the Town. The purpose of the analysis is to identify incremental revenues,
expenditures, and fund balances for the Town's General Fund (including transportation costs),
Capital Projects Fund, Debt Service Fund, Water Fund, and Affordable Housing Fund as a result of
real estate development proposed on The Confluence at Avon by East West Partners.
This draft includes 2 variations based on (i) a revised East West Partners land use proposals as of
January 9, 2006 and (ii) two East West Partners' planning assumptions: "realistic planning
assumptions" and "more conservative planning assumptions ".
The revised land use proposals provided by East West Partners include 106 whole ownership
condominiums and townhomes, 112 interval ownership condominium units, a 122 room condotel,
83 hotel condominiums, and 36,860 square feet of retail /office space assumed to be completed
during 2008 through 2010. Two financial planning scenarios are presented:
1. Base Case - A Base Case Development Scenario reflecting East West Partners updated
land use proposals (as of 1/9/2006) and realistic planning assumptions related to ADR
and occupancy rates.
2. Conservative Case - A Conservative Case Development Scenario analysis reflecting
East West Partners updated land use proposals (as of 1/9/2006) and more conservative
planning assumptions related to ADR and occupancy rates.
Mr. Larry Brooks
February 8, 2006
Page 2 of 6
Both of the financial planning scenarios are expressed in constant 2006 dollars (i.e., they do not
include any inflation). East West Partners have developed the key financial planning assumptions
based upon experience gathered from their management of existing resort properties located at the
Beaver Creek Resort. These key financial planning assumptions include annual occupancy rates,
average annual ADR (average daily rates) rates for the rental of interval ownership units, the
number of persons occupying interval ownership units, and sales and market values associated with
their proposed development plan. Guest expenditure patterns within the Town that would be
subject to the Town's 4% sales tax were developed by PriceWaterhouseCoopers in conjunction
with their analyses relating to Lot C.
Incremental General Fund Revenue, Expenditure and Fund Balances (Exhibit I,
page 1)
General Fund Balances at Stabilization
Base Case $ 497,836
Conservative Case $ 278,495
In each planning scenario, the General Fund Balance (surplus) is after the assumed Town's annual
$240,000 gondola ski - season operations contribution and $40,000 public restroom maintenance
contribution as requested by East West Partners. These annual contributions represent 50% of the
total estimated annual operating costs, and would be paid to the Confluence Metropolitan District
(the entity that would be responsible for the operations of the gondola). The amount of these
annual contributions might be reduced if additional by Confluence Metropolitan District property
tax revenue forecasts (i.e., from incremental property taxes generated from Lot 61 and/or Lot B,
etc.).
Incremental Real Estate Transfer Tax Revenues (Table VIII, page 8)
Real Estate Transfer Tax Revenues
Annual Secondary
Sales
Total Initial Sales (at Stabilization)
Base Case $ 10,240,310 $ 989,031
Conservative Case $ 10,240,310 $ 989,031
Mr. Larry Brooks
February 8, 2006
Page 3 of 6
Both scenarios assume that the Town will receive 100% of the 2% RETT revenues generated (i.e.,
East West Partners is not asking the Town to share RETT revenues from initial or secondary sales of
real estate product. According to East West Partners, whole ownership product is assumed to
initially sell for $1,282,575 per unit (compared to $840,000 used in 10/3/2005 drafts); condotel units
are assumed to sell for $396,100 per unit (compared to $340,900 used in 10/3/2005 drafts); hotel
condominium units are assumed to sell for $1,187,450 (compared to $938,000 used in 10/3/2005
drafts); and weekly interval ownership product is assumed to sell for an average of $36,346
(compared to $33,654 used in 10/3/2005 drafts).
East West Partners is requesting that the Town funds approximately $3.8 million of public
improvements such as the railroad crossings, the Hurd Lane intersection, and public plaza and
restrooms. This analysis assumes that the Town funds $507,000 for plaza improvements and
$609,000 for restroom improvements; and approximately $800,000 for the railroad crossings (a total
of approximately $1.9 million compared to the requested amount of $3.8 million). East West
Partners might be receptive to the concept of front - ending these funds with the idea of being
reimbursed for its costs as RETT revenues are collected by the Town (this would be an option for
the Town to consider if Bonds or COPS cannot be issued to fund these public improvements). East
West Partners is not asking the Town for any Gondola Capital Funding (estimated to cost $7.5
million and be completed for the 2007 -08 ski season). East West Partners is not planning to fund a
Conference Center on The Confluence Site, but is planning to pay the Town $160,000 for fire
protection related capital improvements.— both of these items are currently required pursuant to the
terms of the 1998 Development Agreement.
Impact Fees (Exhibit I, page 1)
Projected total Water Tap Fee revenues are presented below:
Water Tap Fees
Base Case $ 1,692,000
Conservative Case $ 1,692,000
Mr. Larry Brooks
February 8, 2006
Page 4 of 6
Assessed Valuation (Table 1H, page 3)
Projected assessed valuation for each scenario is as follows:
Assessed Valuation at Full Buildout
Base Case $ 34,566,633
Conservative Case $ 34,566,633
Annual Guest Nights (Table IV, page 4)
Projected annual guest nights at full buildout are presented below:
Annual Guest Nights
Base Case 263,512
Conservative 253,761
Sales and Accommodation Taxes (Tables V, VII, pages 5, 7)
Projected Sales and Accommodation Tax Revenues at full buildout are presented in the following
chart. It is assumed that 100% of the Sales and Accommodation tax revenues will be retained by
the Town.
Annual Sales and Accommodation Tax Revenues
Base Case $ 977,301.
Conservative Case $ 754,351
Mr. Larry Brooks
February 8, 2006
Page 5 of 6
Affordable Housing Impact Fees (Tables Ix, page 9)
Projected Affordable Housing Impact Fees are calculated at $2,000 per DU. It is assumed that each
whole ownership unit and condo hotel is 1.0 DU, each timeshare unit is 1.0 DU, and each hotel
condo unit is LO DU.
Total Affordable Housing Impact Fees
Base Case $ 846,000
Conservative Case $ 846,000
Other Key Assumptions
Other Key Assumptions include:
Hotel Guest Expenditures per Day Subject to Town 4% Sales Tax = $26
• Interval /Condo Guest /Owner Expenditures per Day Subject to Town Sales Tax = $22
• Interval Owners Annual Occupancy Rate of 70% with 3.5 Persons
Occupying Each Week.
• Interval Rentals Annual Occupancy Rate of 8% of Owner Weeks
with 3.5 Persons Occupying Each Week at an ADR of $250.
• Condo Hotel:
Condo Hotel Rooms Rental Program Participation Rate is 95% for Base Case
and 95% for Conservative Case
Annual Room Occupancy Rate is 55% for Base Case and 45% for Conservative Case
Average Daily Rate for Condo Hotel Rooms is $210 for Base Case and $150 for
Conservative Case
Owner Occupancy is 10% annually
Mr. Larry Brooks
February 8, 2006
Page 6 of 6
• Hotel Condos:
Rental Participation Rate is 90% for Base Case and 90% for Conservative Case
Annual Room Occupancy Rate is 55% for Base Case and 55% for Conservative Case
Average Daily Rate is $350 for Base Case and $320 for Conservative Case
Owner Occupancy rate is 15 %.
• Whole Ownership Condos Outside of Hotel:
Rental Participation Rate is 33% for Base Case and 30% for Conservative Cases
Annual Occupancy Rate is 33% for Base Case and 30% for Conservative Case
Average Daily Rate is $300 for Base Case and $275 for Conservative Case
Owner Occupancy is 15%
Gondola is Assumed; Ski Season and Non -Ski Season Bus Operating Costs Based
Upon Incremental Guest Nights and Required Incremental New Buses and Hourly
Operating Rate of $47 per Hour. Ski Season Bus Costs Reduced by 32% because of Gondola
(per Town records).
Please call with any thoughts, comments or questions.
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Stan Bernstein and Associates, Inc.
Financial Planners and Consultants
For Local Governments, Municipal Bond Underwriters, and Real Estate Developers
8400 East Prentice Ave., Penthouse
Greenwood Village, Colorado 80111
Telephone: 303 -409 -7611; Fax: 303 - 409 -7612; Email: stanplan @earthlink.net
• 'Jul
TO: Mr. Larry Brooks, Town Manager
FROM: Stan Bernstein, Amy Bernstein
DATE: January 31, 2006
SUBJECT: Avon Station and Confluence Metropolitan District Impacts
Avon Station and Confluence Metropolitan District Impacts
The attached Exhibit I presents an operating and capital funding/debt service cash flow
model (the "models ") for the Confluence and Avon Station Metropolitan Districts — the
models also assumes that beginning for tax collection year 2011, Lots 61 and B will have
been developed (i.e., ready for occupancy by December 31, 2009) and have a combined
assessed valuation of approximately $10 million. It is assumed that the Confluence
Metropolitan District's 10 mill operating levy, its 15 mill local improvement debt service
levy, and its 20 mill regional improvement debt service levy will generate property taxes
from the assumed $10 million of assessed valuation generated from Lots 61 and B (and from
other Lots). The models were developed based on land use and operating and capital cost
information provided by officials of East West Partners. The funding concepts that the
models are based upon are typical of the way that most new metropolitan districts in Eagle
County, and other Colorado resorts, have been structured. The actual ability of the
Confluence Metropolitan District to support general obligation bonds with an assumed 35
mills is dependent upon the success of the Confluence PUD.
The operating model is based on a 10 mill levy for Confluence Metro District (which
includes the $10 million of assessed valuation assumed to be generated from Lots 61 and B
and perhaps other future development projects that would be included in the Confluence
Metro District), a 5 mill operating transfer from Mountain Vista Metropolitan District, and an
annual Gondola/Public Restroom Operating Contribution from the Town of Avon in amount
of $280,000 (representing 50% of assumed operating costs) beginning on January 1, 2008
(only for preliminary planning purposes because this has not been discussed with Town
Officials as of this date and, of course, would be subject to annual appropriation by future
Mr. Larry Brooks
January 31, 2006
Page 2 of 3
Town Councils) — the concept would be that as assessed valuation (and related Confluence
Metro Districts operating property tax revenues) increase as a result of Lots B and 61 and
other developments, the Town's annual contribution would be decreased proportionally.
Based upon information provided by East West Partners, operating expenses for the
Confluence Metro Districts total approximately $600,000 annually (of which $480,000
reflects total Gondola related operating expenses, $80,000 reflects Public Plaza and Restroom
maintenance costs, and $40,000 is allowed for general District administration). During years
2007 through 2011, all annual operating deficits are assumed to be funded from $1,401,675
of capitalized operating costs generated from the proceeds of the Series 2006 LOC Bonds —
eliminating the need for any Developer operating subsidies. Line 33 indicates positive fund
balances for the District's General Fund based upon a 10 mill levy.
The Capital/Debt Service model assumes a 15 mill Local Improvement debt service levy and
a 20 mill Regional Improvement debt service levy (total 35 mills for debt service which
would also apply to the assumed $10 million of assessed valuation generated from Lots 61
and B). It is assumed that the capital improvements will be funded from revenue sources as
detailed below.
Revenue Sources
Series 2006 G.O. Bonds — Mtn Vista $ 1,355,000 - Regional Improvements
Series 2006 LOC Revenue bonds 15,260,000 - Regional Improvements
Town of Avon Contribution * 1,116,000 - Restrooms and Plaza
Total $17,731,000
* This amount is in the process of being negotiated
Expenditures (per East West Partners
Cost of Issuance — Mtn Vista Bonds
$ 70,325
Cost of Issuance — LOC Bonds
400,000
Gondola Construction
7,500,000
Public Plaza and Restrooms
2,090,000
Hurd Lane, Roads, Drainage, Utilities
4,846,000
General Public Landscaping
500,000
Riverfront Park and Bicycle Access
923,000
Capitalized Start Up Operating Costs
1,401,675
Total
$17,731,000
Annual Regional and Local Debt Service Requirements for Confluence related G.O. Bonds
will average about $1.3 million for a 30 year period and are assumed to be paid from
property taxes generated from a total of 35 mills for the Confluence Districts (including the
assumed $10 million of assessed valuation generated from Lots 61 and B although it appears
Mr. Larry Brooks
January 31, 2006
Page 3 of 3
the annual debt service payments could be made without the $350,000 generated annually
from Lots 61 and B ), and 20 mills for the Mountain Vista Districts.
Line 60 indicates that it might be possible for the Metro District to issue additional
general obligation bonds that could be used to repay the Developer for all interest
payments made from 2006 through 2009 on the LOC Bonds (i.e., shown on line 45 in the
total amount of $3,344,600). When the Developer funds LOC Bonds interest payments,
these payments could be structured as subordinate bonds owned by the Developer which
would ultimately be refunded from the issuance of additional general obligation bonds as
the Metro District's assessed valuation increased. To the extent that the Town
contributed an additional $1.8 million for Metro District capital improvements (as
requested by East West Partners) from 50% of RETT collections from the sale of
Confluence properties, the LOC Bond issue could include $1.8.million of the total $3.34
million of LOC interest payments (Capitalized LOC Interest Payments), thus saving the
Developer a total of approximately $1.8 million in interest payments in years 2006
through 2009. It might also be possible (pending legal analyses) that the Town's capital
contributions to the Metro District $1,116,000 - $3,000,000) could be treated as
subordinate Metro District bonds which could ultimately be refunded from the issuance
of non -rated G.O. Metro District Bonds.
Stan Bernstein and Associates, Inc. has assembled the attached Exhibit I based upon key
assumptions provided by others. Stan Bernstein and Associates, Inc. has not
independently reviewed, examined, or evaluated these assumptions and, consequently,
disclaims any opinion with respect to the achievability of the assumptions or the
information presented in Exhibit I. Furthermore, because of the inherent nature of
prospective financial information actual results will vary from forecasted results, and
such variation may be material.
EXHIBIT I
TOWN OF AVON - CONFLUENCE FISCAL IMPACT ANALYSIS
METRO DISTRICTS BONDS & PROP. TAXES
WORKING DRAFT - SUBJECT TO CHANGE - 1 -31 -2006
(NON - INFLATED)
See Consultants' Report and Disclaimer
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
TOTALS
1 REVISED DEVELOPMENT CONCEPT:
2 Assessed Valuation (Confluence & Avon Station Metro Districts)
1,628,280
1,628,280
1,628,280
5,000,000
23,074,303
25,790,148
34,566,633
34,566,633
34,566,633
34,566,633
34,566,633
34,566,633
3 Assessed Valuation (Mountain Vista Metro District)
4,996,250
4,996,250
4,996,250
4,996,250
4,996,250
6,113,949
6,690,752
6,690,752
6,690,752
6,690,752
6,690,752
6,690,752
4 Total Assessed Valuation
6,624,530
6,624 530
6,624 530
%996250
28,070,553
31,904,097
41,257,385
41,257,385
41,257,385
41,257,385
41,257,385
41,257,385
5 Assessed Valuation (Lot 61 & Lot B Combined)
0
0
0
0
0
10,000,000
10,000,000
10,000,000
10.000,000
10,000 000
10,000,000
10,000,000
6 Basic Mill Levy for Operations - 10 mills (Confluence)
10
16
16
16
16
10
10
10
10
10
10
10
7 Local Improvement Mill Levy for Debt - 15 mills (Confluence, Lots 61 and B)
15
15
15
15
15
15
15
15
15
15
15
15
8 Regional Improvement Mill Levy for Debt - 20 mills (Confluence, Lots 61 and B)
20
20
20
20
20
20
20
20
20
20
20
20
9 Basic Mill Levy for Operations - 5 mills (Mtn Vista)
5
5
5
5
5
5
5
5
5
5
5
5
10 Basic Mill Levy for Debt - 20 mills (Mtn Vista)
20
20
20
20
20
20
20
20
20
20
20
20
11 Basic Mill Levy for Gondola Operations - 10 mills (Lots 61/B)
0
0
0
0
10
10
10
10
10
10
10
10
12 REVENUE - OPERATIONS CONFLUENCE AND AVON STATION
13 Property Tax Revenue for Operations - Confl. & Avon Station MD
16,283
16,283
16,283
50,000
230,743
257,901
345,666
345,666
345,666
345,666
345,666
345,666
2,661,491
14 Property Tax Revenue for Operations - Mountain Vista MD
24,981
24,981
24,981
24,981
24,981
30,570
33,454
33,454
33,454
33,454
33,454
33,454
356,199
15 Property Tax Revenue for Gondola l Restroom Operations Lots 611B
0
!: 0
0
'0
6
::100,000
100,000
100,000
:; 100,000 ::
100;000
:.100,000
100,000
700,000'.
16 Capitalized Start Up Operating Costs (Funded from Bonds)
1,401,675
0
0
0
0
0
0
0
0
0
0
0
1,401,675
17 Revenues from the Town of Avon for Gondola/Restrooms - (HYPOTHETICAL) j:
0
0
280,000
280,000
280,000
180,000
180;000
180,000
180,000 ''
1180,000
180,000
186,000
2.100 000
18 Total Operating Revenue
1,442,939
41,264
321,264
354,981
535,724
568,471
659,120
659,120
659,120
659,120
659,120
659,120
7,219,364
19 EXPENSES (per East West Partners)
20 Gondola Operations and Maintenance
0
100,000
285,000
285,000
285,000
285,000
285,000
285,000
285,000
285,000
285,000
285,000
2,950,000
21 Gondola Maintenance Reserve Funding
0
0
0
0
50,000
50,000
65,000
65,000
65,000
65,000
65,000
65,000
490,000
22 Gondola Insurance
0
50,000
50,000
50,000
50,000
50,000
50,000
50,000
50,000
50,000
50,000
50,000
550,000
23 Gondola Management Fee to VRI
0
75,000
75,000
75,000
75,000
75,000
75,000
75,000
75,000
75,000
75,000
75,000
825,000
24 Publice Plaza & Restrooms Operations & Maintenance
0
80,000
80,000
80,000
80,000
80,000
80,000
80,000
80,000
80,000
80,000
80,000
880,000
25 Air Space Lease from CDOT
0
5,000
5,000
5,000
5,000
5,000
5,000
5,000
5,000
5,000
5,000
5,000
55,000
26 G&A
150,000
150,000
75 000
50 000
40 000
40 000
40 000
40 000
40 000
40 000
40 000
40 000
745,000
27 Total Operating Expenses
15(),000
460,000
570,000
545,000
585,000
585,000
600,000
600,000
600,000
600,000
600,000
600,000
6,495,000
28
29 TOTAL OPERATING REVENUES OVER (UNDER) EXPENSES
1,292,939
418 736
(248,736)
(190,019)
4( 9,276)
1( 6,529)
59_,120
59_,120
59_,120
59_,120
59,120
59_,120
724,364
30
31 DEVELOPER SUBSIDY (to be recovered from subordinate bonds)
0 !',
!0
0
0',
! 0
0
0','.
',', 0
0 ',.
'; 0
0
_, I!0
2
32
33 CUMULATIVE OPERTING FUND BALANCE
1,292,939 -
874,203
625,467
435,448-
386,173
'369,644
',' 428,764'
487,884
- '547,004
606,124
'665,244
724,364'
724,364'
34 REVENUE - DEBT SERVICE AND CAPITAL
35 Property Tax Revenue for Debt - Local Improvements - Conf., Lots 61,8
24,424
24,424
24,424
75,000
346,115
536,852
668,499
668,499
668,499
668,499
668,499
668,499
5,042,236
36 Property Tax Revenue for Debt - Regional Improvements - Conf., Lots 61, B
32,566
32,566
32,566
100,000
461,486
715,803
891,333
891,333
891,333
891,333
891,333
891,333
6,722,982
37 Property Tax Revenue for Debt - Regional Improvements -Mtn Vista
99,925
99,925
99,925
99,925
99,925
122,279
133,815
133,815
133,815
133,815
133,815
133,815
1,424,794
38 LOC Bonds (1)
15,260,000
0
0
0
0
0
0
0
0
0
0
0
15,260,000
39 Regional Improvement G.O. Bonds from Conf„ Lots 61, B
0
0
0
8,790,000
0
0
0
0
0
0
0
0
8,790,000
40 Regional Improvement G.O, Bonds from Mountain Vista MD
1,355,000
0
0
0
0
0
0
0
0
0
0
0
1,355,000
41 Local Improvement G.O. Bonds from Conf., Lots 61, B
0
0
0
6,585,000
0
0
0
0
0
0
0
0
6,585,000
42 Town of Avon Contribution for Restrooms ($609,000), Plaza ($507,000)
0
0
1,116,000
0
0
0
0
0
0
0
0
0
1,116,000
43 Developer Advance ( Repayment) for Restrooms and Plaza
1,116,000
0
- 1,116,000
0
0
0
0
0
0
0
0
0
0
44 Interest Earnings - Consruction Funds
150,000
35,000
0
0
0
0
0
0
0
0
0
0
185,000
45 Developer:InteresULOC Subsidy) (to be recovered from subordinate bonds)
11457.800 -!.
915,600
915,600
I'. 1,055,600
0
6
0'.
-. 0
0 I.
"0
0
I0
3,344 600'.
46 Total Revenue for Debt and Capital
18,495,715
1,107,515
1,072.515
16,705,525
907,526
1,374,934
1,693,647
1,693,647
1,693,647
1,693,647
1,693,647
1,693,647
49,825,612
47 EXPENSES - DEBT SERVICE AND CAPITAL
48 Cost of Issuance - G.O. Bonds
70,325
0
0
330,625
0
0
0
0
0
0
0
0
400,950
49 Cost of Issuance - LOC Bonds
400,000
0
0
0
0
0
0
0
0
0
0
0
400,000
50 Refund LOC Bonds
0
0
0
15,260,000
0
0
0
0
0
0
0
0
15,260,000
51 Capital Costs - Developer - Restmoms and Plaza
1,116,000
0
0
0
0
0
0
0
0
0
0
0
1,116,000
52 Capital Costs - G.O. Bonds Mtn Vista
1,284,675
0
0
0
0
0
0
0
0
0
0
0
1,284,675
53 Capital Costs - LOC Bonds
13,458,325
0
0
0
0
0
0
0
0
0
0
0
13,458,325
54 Capitalized Operating Costs - Transfer to General - Operating Fund
1,401,675
0
0
0
0
0
0
0
0
0
0
0
1,401,675
55 Debt Service LOC Bibds - Confluence Metro, July 1, 2006 - $15,260,000 @ 6.0%
457,800
915,600
915,600
1,055,600
0
0
0
0
0
0
0
0
3,344,600
56 Debt Service Regional G.O. Bonds - Mtn. Vista, June 1, 2006 - $1,355,000
99,553
96,645
95,765
99,855
98,680
97,468
96,218
94,930
98,605
96,985
95,335
98,655
1,168,694
57 Debt Service Regional G.O. Bonds - Conf., Lots 61,13, Sept. 1, 2009 - $8,790,000
0
0
0
126,218
504,870
534,870
708,640
704,620
705,065
704,725
708,570
706,320
5,403,898
58 Debt Service Local G.O. Bonds - Conf. Lots 61,8, September 1, 2009 - $6,585,000
0
0
0
94 560
378,240
403,240
527,215
530,615
528,335
530,580
527.093
528,093
4,047,971
59 Total Expenses - Debt Service and Capital
18,288,353
1,012,245
1,011,365
16,966,858
981,790
1,035,578
1,332,073
1,330,165
1,332,005
1,332,290
1,330,998
1,333,068
47,286,788
60 EXCESS REVENUES OVER (UNDER) EXPENDITURES
207,362
95,270
61,152
- 261,333
- 74,264
339,356
361,574
363,482
361,642
361,357
362,649
360,579
2,538,824
61 FUND . BALANCE ICUMULATIVE (DEBT ISERVICE FUND)
11207,362
302,632
1363,761
102,4481'.
28_,1184
11367,540
: 729,114 I'.
11092,597
11,454,239
1,815,596
2,1178,245
I'. 253_,_,-8824
2,532 824.
Stan Bern tein and Associates, b- 1 OF 1 C: \Documents and Settings \swright\Desktop;CON FLUENCE METRO DISTRICT 1 31 06.x1s
Stan Bernstein and Associates, Inc.
Financial Planners and Consultants
For Local Governments, Municipal Bond Underwriters, and Real Estate Developers
8400 East Prentice Ave., Penthouse
Greenwood Village, Colorado 80111
Telephone: 303 - 409 -7611; Fax: 303 -409 -7612; Email: stanplan @earthlink.net
041�II►rt� :: ►1� u
TO: Mr. Larry Brooks, Town Manager
FROM: Stan Bernstein, Amy Bernstein
DATE: January 11, 2006
SUBJECT: Comments re: Gondola Economic Impact Analysis — Confluence Area of
Avon, Colorado, July 5, 2005, THK Associates Inc
The THK report Gondola Economic Impact Analysis — Confluence Area of Avon,
Colorado, dated July 5, 2005 analyzes the economic impact of the proposed gondola
transportation system at the Confluence site (Confluence Gondola). The report identifies
the following five major areas that will affect the Town of Avon as a result of the
completion of the proposed Confluence Gondola.
1. Transportation Costs
2. Property Tax Revenues
3. Real Estate Transfer Tax Revenues
4. Accommodation Tax Revenues
5. Retail Sales Tax Revenues
THK's findings for each of these areas are summarized below along with our comments
(in blue typeface) pertaining to each of these areas.
Reduced Transportation Costs
THK uses transportation savings estimates due to the Confluence Gondola as provided by
the Town of Avon. According to the THK report, the Town of Avon estimates net
transportation savings of approximately $150,000 per year upon completion of the
gondola. Applying 3% annual inflation, THK calculates a total twenty year savings of
approximately $3.7 million (present value of approximately $2.1 million based upon a
5% annual NPV discount factor).
January 6, 2006
Page 2 of 5
Increased Property Tax Revenues
The THK report concludes that Town of Avon property tax revenues will increase as a
result of the completion of the Confluence Gondola. THK identifies a "gondola
impact /influence area" to include those properties they believe will see incremental
increases in property value due to the Confluence Gondola. The properties located within
the impact area include:
• Shearaton Mountain Vista
• The Seasons at Avon
• The Lodge at Avon Center
• The Slifer, Smith and Frampton Center
• Avon Town Square
• Wells Fargo Center
• Benchmark Plaza
• Alpine Bank
• Benchmark Shopping Center
• Annex Shopping Center
• WestStar Bank
• Christy Sports
• Avon Crossing
• Nottingham Station
• Canyon Run
THK estimates that the entire impact area identified above will see an average increase in
property value of 20% when the Confluence Gondola is added. Based on a 20% increase
in property value and the Town of Avon mill levy of 8.956, THK calculates total
additional taxes due to the completion of the Confluence Gondola to be approximately
$1.7 million (present value of approximately $957,000)
Stan Bernstein and Associates, Inc. believes the estimated 20% increase in property value
due to the completion of the Confluence Gondola may be overstated. THK includes
many properties located on the east side of Avon Road. It may be unrealistic to expect
skiers with boots, skis, children, etc. to walk across Avon Road in order to access the
gondola. While THK does indicate that property value increases may be less than 20%
on the east side of Avon Road, we still feel that the 20% average used in the THK
calculations may be too high. This assumption of 20 %, also impacts the THK forecast of
Real Estate Transfer Taxes, Retail Sales Taxes, and Accommodation Taxes. We believe
a separate sensitivity analysis that shows lower property value increases for those
properties located to the east of Avon Road should be considered.
As of this date THK has not produced a sensitivity analysis assuming lower property
value increases for properties located east of Avon Road. According to the THK
analysis, incremental general fund property tax revenues resulting from the Gondola
would be approximately $69,000 per year on an uninflated basis according to THK —
perhaps using $50,000 per year would be more realistic,
January 6, 2006
Page 3 of 5
Increased Real Estate Transfer Tax Revenues
The THK report concludes that the Town of Avon real estate transfer tax revenues will
increase over the next twenty years due to the Confluence Gondola. THK reasons that as
a function of increased property values on existing properties within the gondola impact
area (see above), real estate transfer tax revenues realized by the Town of Avon will
proportionally increase. THK assumes a 10% annual property turnover rate to both
existing and future properties located within the market area. THK calculates total
additional real estate transfer tax revenue to the Town of Avon over the next twenty years
to be approximately $2.0 million (present value of approximately $1.13 million)
The "impact area" used to calculate Real Estate Transfer Tax revenue includes properties
located on the east side of Avon Road. Furthermore the increased Real Estate Transfer
Tax revenues are dependent on the assumed 20% average increase in property values (as
discussed above.)
THK forecasts annual uninflated incremental Real Estate Transfer Tax Revenues of
approximately $82,000 annually as a direct result of the Gondola — perhaps using
$50,000 per year would be more realistic.
Increased Accommodation Tax Revenues
The THK report concludes that Town of Avon accommodation tax revenues will increase
due to the completion of the Confluence Gondola. THK estimates a 20% increase in
average daily rates during the winter season for lodging properties located within close
proximity to the gondola. THK includes the Christie Lodge, Comfort Inn, Lodge at Avon
Center, Seasons Lodge at Avon, and Sheraton Mountain Vista as existing properties
within the impact area for a total of 740 units, an average ADR of $238, and an average
ski season occupancy rate of 85 %. Furthermore, THK estimates an additional 200 units
(from Lots B, C, and 61), for a total of 940 units, to be added between 2005 and 2024.
THK calculates additional lodging tax revenue over the next twenty years to be
approximately $11.5 million (present value of approximately $6.47 million)
Of the 740 units included in the THK calculations, the 280 units in the Christie Lodge,
and the 153 units in the Sheraton Mountain Vista are primarily interval ownership units
and will generate very little accommodation tax revenues. Furthermore, the Lodge at
Avon Center and the Seasons Lodge at Avon are both condominiums containing units
that may or may not be placed in the rental pool and therefore may or may not generate
accommodation taxes. The only true hotel units are the 146 units in the Comfort Inn and
if we assume 10% of the timeshare /interval ownership units (28 Christy Lodge units and
15 Sheraton Mountain Vista units) and 40 Seasons Lodge units and 10 Lodge at Avon
Center units, the total current rentable number of lodging units is closer to 240 than the
739 used by THK. Furthermore, THK uses an average ADR of $238 which may be high
considering the Comfort Inn's ADR is $149 — we have calculated a more realistic ADR
of $184. Using a more realistic current ADR of $184 would reduce THK's $11.5 million
January 6, 2006
Page 4 of 5
estimated incremental accommodation tax revenues of $11.5 million to closer to $9.0
million. Using 240 units instead of THK's assumed 739 units would reduce the $11.5
million by a factor of approximately 67% to a more realistic $3.8 million. THK estimates
annual incremental 8% Lodging Tax revenues of approximately $420,000 — we think
$150,000 to $185,000 is more realistic.
Increased Retail Sales Tax Revenues
The THK report concludes that Town of Avon retail sales tax revenues will increase upon
completion of the Confluence Gondola. THK estimates retail sales in Avon per skier in
2005 at $85.26 and applies 3% annual inflation for future projections. Projected skier
visits in 2005 are estimated at 786,295 with annual growth inflation of 2.3% through
2016. THK estimates that on top of 3% annual inflation on projected retail sales, an
additional 10% annual increase in retail sales within Avon will be generated due to the
completion of the Confluence Gondola. THK calculates additional retail tax revenue to
the Town of Avon over the next twenty years to be approximately $1.96 million (present
value of approximately $1.24 million).
We are not sure that the methodology used by THK to estimate incremental retail sales
tax revenue is logical, and our intuition leads us to believe that THK's methodology
could understate the incremental retail sales tax revenues generated as a result of the
Confluence Gondola. We believe a better approach would be to attempt to identify
incremental overnight guests staying in Avon as a result of the Confluence Gondola, and
to apply a daily retail Avon/expenditure per guest night of approximately $25 in current
dollars. THK estimated approximately $75,000 per year of incremental uninflated 4%
retail sales tax revenues as a direct result of the Gondola — this relates to approximately
$1.875 million of incremental retail sales which intuitively sounds low to us. So,
perhaps it is appropriate to use $75,000.
More Realistic Summary of Incremental Revenues
Following are incremental annual revenues that appear to us to be more realistic for the
Town for use for planning purposes:
General Fund Property Taxes
Real Estate Transfer Taxes
Accommodation Taxes
Sales Taxes (Retail)
Total
$ 50,000
(THK
$ 69,000)
$ 50,000
(THK
$ 82,000)
$150,000
(THK
$420,000)
$ 75,000
(THK
$ 75,000)
$325,000
$646,000
January 6, 2006
Page 5 of 5
Additional Comments
Page 1.9 of the THK report refers to a study completed by Stan Bernstein and Associates,
Inc. "which addressed the same impacts over a twelve year period versus a twenty year
period ". The report to which they are referring was completed to identify incremental
revenues, expenditures, and fund balances for the Town of Avon's General Fund
(including transportation costs), Capital Projects Fund, Debt Service Fund, and Water Fund
as a result of real estate development proposed on The Confluence at Avon by East West
Partners. It does not in any way measure the potential economic impact of the proposed
Confluence Gondola on the Town of Avon.
We have discussed all of our comments with officials of THK, based upon a review of
their Gondola Economic Impact Analyses dated June 17, 2005, and suggested that they
incorporate all of our comments into their current July 5, 2005 report.
Internal Memorandum
Date: August 3, 2004
From: Scott Wright, Finance Director
To: Larry Brooks, Town Manager
Subject: Summary /History of Confluence Annexation
Resolution No 98-54, adopted in August, 1998, approved a petition for annexation of the
property generally known as the "Confluence ". Incorporated by reference and attached
as an exhibit to the resolution was an annexation agreement, which imposed additional
terms and conditions on the Confluence.
DevelopinentAgreentent. The annexation agreement for the Confluence provided that a
development agreement be negotiated that would address matters such as tax rebates,
land uses and zoning, special districts, development entitlements, conference center, and
traffic impacts. The Town entered into this development agreement with Vail Associates
Investments (VAI), the owner of the Confluence. In addition, VAI owned another parcel
of real property known as Lot C that was included in the development agreement.
Further, Shapiro Development Co., the owner of another parcel of land know as Lot B
and in close proximity to the other tracts was also included in the development
agreement.
The terms of the development agreement include certain zoning, vested rights and
exactions. Exactions bearing reference to public facilities and this memorandum include:
(1) a pedestrian overpass connection the Confluence with the Town core area; (2) a
conference center containing approximately 15,000 square feet; (3) development of a
certain amount of affordable housing; (4) payment to the Town of $160,000 for
expansion of fire station facilities; (5) an "at grade" railroad crossing of the existing
railroad tracks at the West end of the Confluence; (6) water and water rights; and, (7) an
agreement that the Town Mall be constricted and maintained by the districts pursuant to
the districts service plans (see below).
The development agreement also provides for certain tax rebates to the districts as
follows: (1) a 75% rebate on all sales and lodging taxes collected by the Town
attributable to the properties to be used for debt service on the financing of parking
improvements; and, (2) a rebate of 50% on the 1 S` time sale of time -share interest
constructed on the properties, also to be used for debt service on the financing of parking
improvements.
Service Plans. The annexation agreement for the Confluence also provided that service
plans be filed for approval by the Town for the creation of two special districts to serve
the property. The agreement provided that the Town act in good faith and expeditiously
to allow for an election to occur in November of 1998.
Staff Memo 2004- 007.doc
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Confluence Metropolitan District
Capital Financing Model
15 Mills Local Improvements
20 Mills Regional Improvements
Mountain Vista Metro
20 Mills Regional Improvements
Confluence Metro
(Financing District)
Capital Improvements:
- Gondola $ 7,500,000
- Public Plaza 2,090,000
- Hurd Lane 4,846,000
- Riverfront Park 923,000
- General Public Imp. 500,,000
$15,859,000
Capital Contribution
Confluence Metropolitan District
Operations Financing Model
10 Mills Operations
Mountain Vista Metro
5 Mills Operations
Confluence Metro
(Financing District)
Operations and Maintenance:
- Gondola O &M
- Capital Reserve
-Insurance
- Management Fees
- Public Plaza & Rest. Room O &M
- General & Administrative
$240,000 / year Gondola
$40,000 / year Public Plaza
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To:
Honorable Mayor and Town Council
Thru:
Larry Brooks, Town Manager
Jacquie Halburnt, Asst. Town Managerfi/�
From:
Patty McKenny
Date:
February 3, 2006
Re:
Business Registration Update for Avon
Summary: A request has been made to include a list of new businesses registered in Avon in your packet,
so below is a list of the new businesses and closed businesses in Avon.
NEW BUSINESS REGISTRATIONS
Home
Name of Business Street Address Type of Business Open Date Office
Jonathan P. Rosman, M.D. 100 W. Beaver Creek Blvd. Professional - medical 2/1/2006 na
Gore Range Natural Science 82 E. Beaver Creek Blvd, Ste Admin offices for
School 202 organization
Garfield & Hecht, P.C. 0070 Benchmark Rd, Unit 104 Professional - Law Firm
Mountain Home Inspection 2433 Draw Spur # A2 Home Inspection
Creative Minds, LLC 4500 Flat Point Service - Graphic
Design
TERMINATED BUSINESS REGISTRATIONS
Name Date Terminated Reason
2/1/2006 na
2/1/2006
2/1/2006 yes
2/1/2006 yes
Relocating to Eagle Vail per
Big 0 Tires 2/1/06 Glenwood office
Professional Bilingual Services 2/1/06 Phones disconnected
Celebrity Resorts 1/1/06 Phones disconnected
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engineer
Jeff Schneider, Engineer II
Date: February 8, 2006
Re: 2006 Street Improvement Program Final Design Update (Memorandum Only)
Summary:
This memorandum is to provide an update on the 2006 Street Improvement Program Design.
The final design is completed and Exhibit A includes plan sheets for your review.
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 current schedule is as
follows:
Advertise for Bids: 2/23, 3/2,3/9/2006
Pre -bid Meeting: 3/2/2006
Bid opening: 3/17/2006
Award contract: 3/28/2006
Notice to Proceed: 4/17/2006 (based on CDOT approval)
Construction: 4/17 — 6/30/2006 (5/26/2006 completion for Phase 1)
For Phase 1, CDOT has been notified of the need for prompt turnaround for approval of the
portion of the project within the 1 -70 right of way. We anticipate construction beginning April
17 and concluding prior to Memorial Day for the Avon Road portion of the project. Night
milling operations will be considered to lessen the impact on the public.
Phase 2 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 from Old Trail
to Beartrap will be decreased to 10.5 feet to aid in traffic calming. The pedestrian path will be
delineated by rumble strip, and will be located on the south /west side of the road per council
input at the January 28 meeting. A striped crosswalk will be added to the intersection of
CADocuments and Settings\nwood\Local Settings \Temporary Internet Files \OLK23 \Council final design update memo 2- 1406.doc
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.
Attachments:
Exhibit A — 2006 Street Improvement Final Design Plans
• Page 2
FINAL CONSTRUCTION PLANS
W& W�
Al
AVON ROAD NORTH & WILDRIDGE ROAD
ClP 33006
General Notes
1. The Contractor shall schedule a preconstruction meeting
with the Owner and the Engineer at least 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 warned 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 shall 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
entitles.
3. Contractor shall obtain at his expense all permits and
Inspections which are necessary to perform the proposed
work. Permits shall be obtained and inspections
scheduled 11 M rimum of 48 hours in advance of
construction.
4. All construction shall conform to municipal, district and
CDOT 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.
B. 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 ore these
tests to be construed as a guarantee by the Engineer of
the Contractor'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.
11. The Contractor shall 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 oil times keep a separate full
set of contract drawings marked up to fully Indicate
as -built conditions. Said drawings shell 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 shall be revegetated in a timely monner
with a minimum of 4 Inches of topsoil and an acceptable
local seed mix.
15. Cut and /or Fill slopes shall not exceed 2 horizontal feet
to 1 foot vertical.
16. Construction staking to be performed by a Colorado Licensed
Professional Land Surveyor.
17. All work done in the highway right -of -way shall conform
to the latest CDOT Standard Specifications for Road and Bridge
Construction. Copies of the standard specifications must
be obtained by the Contractor.
THE TOWN OF A VON
" WIL /DGE ROAD
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VICINI T Y MAP
SHEET INDEX
C1
COVER SHEET
C2
AVON ROAD
C3
WILDRIDGE ROAD 1
C4
WILDRIDGE ROAD 2
C5
WILDRIDGE ROAD 3
C6
WILDRIDGE ROAD CROSS SEC7701VS
C7
DETAILS
lel
LEGEND
PROPERTY UK /AIaHT –aF –WAY
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– – – – – – – PROPOSED SAWCUT
– – – – – – – LIMIT OF CONSTRUCTION
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NOTES:
1. ALL ASPHALT TACK COAT AND PRIME COAT,
MATERIALS AND WORKMAN�AIP SHALL
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 .2% OF
OPTIMUM MOISTURE CONTENT.
ASPHALTIC CONCRETE SAWCUT
EXISTING NO PAVEMENT 11 VE
OVERLAY 2' MIN EXISTING PAVEMENT
C 0
e ASPHALTIC CONCRETE
ASPHALTIC
COMPACTED TO 95i
T
COMPACTED TO 95%
0
(MIN.) ASPHALTIC CONCRETE OVERLAY
STANDARD PROCTOR
R OC
STANDARD PROCTOR
STANDARD PROCTOR
COMPACTED TO 95% STANDARD PROCTOR
4' ASPHALTIC CONCRETE IN TWO LIFTS
MIN
V MIN.
EXISTING ASPHALTIC CONCRETE
COMPACTED TO 95X 1 11 1 BASE ICURI
STANDARD
STANDARD PROCTOR
EXISTING PAVEMENT
/—EXISTING BASE COURSE
COMPACTED TO 95X
STANDARD PROCTOR
*
N
9" CLASS 6 SA COURSE
COMPACTED TO 95%
STANDARD PROCTOR
EXIS LL 13E
EXISTING ASPHALT SMALL
'A I E
F ASPHALT T
ED -
TACKED NTH EMULSIFIED ASPHALT
SE CARIFY AND COMPACTS"
SAWCUT AND REMOVE
'T VE
EXISTING SUS GRADE TO
9 5% STANDARD PROCTOR
EXISTINAN PAVEMENT
V E T
SCARIFY AND COMPACT 8"
AND BASF
EXISTING SUB GRADE TO
EXISTING SUBGRADE
95% STANDARD PROCTOR
A I A
A KUT DETAIL
PAVEMENT EN
PAVEMENT WIDENING
PER PAVEMENT SECTION
TYPICAL ASPHALT SECTION WITH OVERLAY
FULL DEPTH CONSTRUCTION OR
WS
NTS
REPLACEMENT PA VEMEN T SECTION
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7 OF 7
W1
A L:411
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engineer
Jeff Schneider, Engineer U /`
/
Date: February 8.200G
Re: Swift Gulch Road Bike Path Extension Final Design (Memorandum Only)
This memorandum is to provide an update on the final design of the Swift Gulch Road Bike
Path Extension Capital Improvement Project. Exhibit A includes plan sheets for your review.
The project generally consists of extending the existing 8vvft Gulch Road bike path from the
current eastern terminus near the Town of Avon Public VVO[kS f8Ci|ib/ to the eastern end of
Roundabout 1 at Nottingham RD@d, Avon Road, and the vv8Sib0uDd 1-70 off ramp. Since 8
portion Uf the project vviUbe|OC8tHdvv/thiOth8/'70hghiOfw@y'8CD[)T|iCCDS88grS8m8ntiS
required and 8 [eSO|uUOO adopting the |iC8n38 agreement was approved at the January 10
Council Meeting.
C0OStnJ{ti0D of the new bike path will occur roughly along the existing dirt trail that p@n8||e|S
the deer fence along 1-70, and passes OO the downhill side Of the retention pond. The path
will consist of 10-foot wide 8Sph8U surface 3-inches thick @02p 8 6-inch b8G8 with 0D81b[t
wide shoulders. The 8Oir8OCe to the new bike path at the roundabout/off [8nnp will be
installed immediately north of the drainage structure adjacent to the offramp and will require a
ann@U boulder retaining vv8/| On the uphill side of the path, along with 8 drnb8[ railing On the
downhill side of the path. The existing sidewalk will be widened from 6-feet to 10-f8et and
that bicycle and ped8Sih8O traffic will be n]UtHd across the 1-70 off ramp and south On the
Sid8vv8|k on /4/On Road. New Sid8VVG/k [8rDpS will be C0OSt[uCt8d at the 1-70 off [8nnp.
Bicycle inGOiC will be 8b/8 t0 8CCeSS the N0UiDgh8nl Road Bike Path via the existing [8rDp8
and crosswalks once past the |-7O off ramp. Minor changes b} the plans from Council input
8t the January 10 presentation include the addition Of existing ramps crossing Avon Road OO
the south end of Roundabout 1, checking the consistency of retaining walls and railings, and
adding 8n additional drainage culvert to handle drainage from the slope beneath Swift Gulch
Road.
The scope of the project also includes deDlO|idOD of the COOCr8te entry rnOOu[n8nL |OC8t8d
8di8CeOt to the bike path |OC8&ad approximately at stGd0O 5+00 8|OnO the path. The
demolition site will bePev8get8t8db} match surrounding conditions.
CA000umonts and Internet design update memo u-14o6.uoc
Exhibit A — Swift Gulch Road Bike Path Extension Plan Set
Town Mana-qer Comments:
5.
o Page 2
GENERAL NOTES
1. THE CONTRACTOR SHALL SCHEDULE A PRECONSTRUCTION MEETING WITH THE OWNER,
CDOT, ERWSD AND THE ENGINEER AT LEAST 48 HOURS PRIOR TO THE START OF
CONSTRUCTION. NO CONSTRUCTION WILL BE PERMITTED PRIOR TO THE PRECONSTRUCTION
MEETING.
2. CONTRACTOR IS RESPONSIBLE FOR COORDINATING CONSTRUCTION WITH CDOT,
AFFECTED UTILITY COMPANIES AND OTHER INTERESTED ENTITIES
3. CONTRACTOR SHALL OBTAIN AT HIS EXPENSE ALL PERMITS AND INSPECTIONS THAT
ARE NECESSARY TO PERFORM THE 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 CDOT 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 (i) SIGNED COPY OF THE PLANS
AN A COMPLETE SET OF THE CONTRACT DOCUMENTS ON THE JOB SITE AT ALL TIMES.
S. CONTRACTOR SHALL NOT SCALE DRAWINGS FOR CONSTRUCTION, ANY MISSING
DIMENSIONS OR DISCREPANCIES IN PLANS, FIELD STAKING OR PHYSICAL FEATURES SHALL
BE BROUGHT TO THE ATTENTION OF THE ENGINEER. IF CONTRACTOR PROCEEDS PATH THE
WORK WITHOUT NOTIFYING THE ENGINEER, HE DOES SO AT HIS OWN RISK.
8. IF CONSTRUCTION DOCUMENTS ARE UNCLEAR, OR IF ERRORS OR DISCREPANCIES ARE
DISCOVERED, THE ENGINEER SHALT. NOT BE LIABLE IF THE CONTRACTOR OR OWNER MAKES
HIS OWN INTERPRETATION OF AND /OR REVISES THE ORIGINAL INTENT OF THE DESGN AND
CONSTRUCTION DOCUMENTS.
7. OBSERVATIONS OF THE WORK IN PROGRESS AND /OR FIELD TESTING PERFORMED BY
THE OWNER OR ENGINEER SHALL IN NO WAY EXCUSE THE CONTRACTOR FOR DEFECTS
DISCOVERED IN HIS 'WORK.
8. UNLESS 07HERVASE SPECIFIED OR INDICATED IN THE DETAILS OR SPECIFICATIONS.
ALL DISTURBED AREAS SHALL BE COMPACTED TO 95R STANDARD PROCTOR DENSITY
(ASTM 0-698).
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 NTH COMPACTION REQUIREMENTS. THE CONTRACTOR IS NOT
TO RELY UPON THESE TESTS FOR FILL CONTROL, NOR ARE THESE TESTS TO BE
CONSTRUED AS A GUARANTEE BY THE OWNER OF THE CONTRACTOR'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 MOH ANY REGULATIONS RELATING THERETO.
11. THE CONTRACTOR SHALL PROVIDE ALL LIGHTS, SIGNS BARRICADES, FLAGMEN OR
07HER DEVICES NECESSARY TO PROVIDE FOR PUBLIC SAFETY IN ACCORDANCE WITH THE
CURRENT MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES. INCLUDING THE STATE OF
COLORADO AMENDMENTS.
11 THE CONTRACTOR SHALL AT ALL TIMES KEEP A SEPARATE, FULL SET O CONTRACT
DRAWINGS MARKED UP TO FULLY INDICATE AS -BUILT CONDITIONS. SAID DRAWINGS SHALL
BE PROVIDED TO INTER - MOUNTAIN ENGINEERING UPON COMPLETION OF THE WORK.
AS -BUILT DRAWINGS MAY BE COMPILED BY INTER - MOUNTAIN ENGINEERING PRIOR TO FINAL
ACCEPTANCE.
13. AN NPDES PERMIT IS REWIRED FOR THIS PROJECT. PRIOR TO ANY CLEARING,
GRUBBING, STRIPPING, STOCKPILING, EXCAVATION, EMBANKMENT OR OTHER GRADING
ACTIVITIES, THE TOWN SHALL BE PROVIDED WITH A COPY OF THE CONTRACTORS STORM
WATER MANAGEMENT PLAN FOR THE PROJECT AND THE PERMIT,
14. SEDIMENT AND EROSION CONTROLS SHALL BE INSTALLED TO MEET NPOES PERMIT,
EAGLE COUNTY AND TOWN OF AVON REQUIREMENTS. IT IS THE CONTRACTOR'S
RESPONSIBILITY TO CHECK AND FIX THE DEVICES AFTER EVERY MAJOR STORM EVENT AND
TO REMOVE THE TEMPORARY CONTROLS AFTER DISTURBED AREAS ARE FINALLY
STABILIZED.
14. DISTURBED AREAS SHALL BE REVEGETATED IN A TIMELY MANNER NTH A MINIMUM OF
4 INCHES OF TOPSOIL AND AN ACCEPTABLE LOCAL SEED MIX.
15. WT AND /OR FILL SLOPES SHALL NOT EXCEED 2 HORIZONTAL FEET TO 1 VERTICAL
FOOT. WT AND/OR FILL SLOPES STEEPER THAN 3 HORIZONTAL FEET TO 1 VERTICAL FOOT
SHALL BE STABILIZED USING AN APPROPRIATE. APPROVED TEMPORARY EROSION CONTROL
FABRIC.
16. CONSTRUCTION STAKING SHALL BE PERFORMED BY A COLORADO LICENSED
PROFESSIONAL LAND SURVEYOR.
17. ALL WORK DONE IN HIGHWAY RIGHT -O' -WAY SHALL CONFORM TO THE LATEST COOT
STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION. COMES OF THE
STANDARD SPECIFICATIONS MUST BE OBTAINED BY THE CONTRACTOR.
I& THE CONTRACTOR IS WARNED THAT THEIRS MAY BE CONFUCTS NTH EXISTING
UTIUTIE& THE CONTRACTOR WILL NOTIFY UTILITY COMPANIES AND REQUEST FIELD
LOCATIONS BEFORE THE START OF CONSTRUCTION. THE CONTRACTOR SHALL THEN
POTHOLE ALL UTIUTY CROSSNGS AND COORDINATE WITH U71UTY OWNER PRIOR TO
BEGINNING OF CONSTRUCTION. IF CONFUCTS EXIST, CONTRACTOR SHALL COORDINATE WITH
UTIUTY OWNER AND NOTIFY THE ENGINEER AND THE OWNER IMMEDIATELY, SO THAT MINOR
LINE OR GRADE CHANGES CAN BE MADE TO ELIMINATE ANY CONFLICTS WITH THEE:
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.
ELECTRIC HOLY GROSS ELECTRIC
JEFF VROOM (970 -947 -5425)
3799 HIGHWAY 82
PO DRAWER 2150
GLENWOOD SPRINGS, CO 81602
970 - 945 -5491
GAS XCEL ENERGY
JAM D'NEIL PH. 262 -4003
PO BOX 1819
SILVERTHGRNE, CO 80498
262 -4024
CABLE TV COMCAST CABLE
MATT CONRAD
PO BOX 879
SLVERTHORNE. CO 80498
970 - 458 -2689 EXT. 1103
SUBCONTRACTOR - STURGEON ELECTRIC - DON SWAYNE
970 - 260 -4065
TELEPHONE OWEST
SCOTT CARRINGTON
921 GRANDE AVENUE
GLENWOOD SPRINGS, CO 81601
970- 468 -6860
WATER & SEWER EAGLE RIVER WATER & SANITATION DISTRICT
FRED HASLEE
848 FOREST ROAD
VAIL, CO 81657
970 - 476 -7480
CONS TRUC TION DRA WINGS
WffAWANVA-0 r
TOWN OF A VON
e R�v¢n nAT�oX.t ron[fT
n¢xc..... s¢.v¢n
en¢¢n
-- EXISTING EASEMENT
..... _ ....... ......... _.._...
V��i�s
— —
— EXISTING 5' CONTOURS
_
CONTROL POINT
Q
EXISTING TELEPHONE PEDASTAL
GRASS
HOPPER”
y-/
+
EXISTING FIRE HYDRANT
—o—
EXISTING SIGN
O
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_._.---7HIS PRO✓ECT
o.°xNIMenMII
fd
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EXISTING EDGE OF PAVEMENT
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EXISTING CONIFEROUS TREE
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EX -SS
EXISTING SANITARY SEWER
n
tl� ix x en
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� xo x0.
- -.- EXISTING FENCE
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ee exe
Joe
PROPOSED EDGE OF PAVEMENT
Baia
PROPOSED i' CONTOURS
aa»
PROPOSED 5' CONTOURS
— 9' —g —g'—
SILT FENCE
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VIC /N/ T Y
MAP
BASIS OF ELEVATION: q 77 _ ooO W
TOWN OF AWN
CONTROL POINT GRASSHOPPER
ELEVATION - 7495.63
- - —
— PROPERTY UNE
--- - - - -
-- EXISTING EASEMENT
..... _ ....... ......... _.._...
..... EXISTING V CONTOURS
— —
— EXISTING 5' CONTOURS
_
EXISTING DITCH FLOWLINE
Q
EXISTING TELEPHONE PEDASTAL
w
�
EXISTING WATER VALVE
y-/
+
EXISTING FIRE HYDRANT
—o—
EXISTING SIGN
O
EXISTING SANITARY MANHOLE
EXISTING STORM SEWER MANHOLE
EXISTING LIGHT POLE
EXISTING EDGE OF PAVEMENT
EXISTING DECIDUOUS TREE
- „T
EXISTING CONIFEROUS TREE
GAS
EXISTING GAS
EX -SS
EXISTING SANITARY SEWER
LE..
EXISTING ELECTRIC
- -.- EXISTING FENCE
Q
EXISTING ELECTIC TRANSFORMER
PROPOSED EDGE OF PAVEMENT
Baia
PROPOSED i' CONTOURS
aa»
PROPOSED 5' CONTOURS
— 9' —g —g'—
SILT FENCE
SHEET INDEX
C1 COVER SHEET
02 PLAN AND PROFILE STA. 0 +00 TO 4 +00
C3 PLAN AND PROFILE STA. 4 +00 TO 10 +00
C4 PLAN AND PROFILE STA. 10 +00 TO 15 +00
C5 DETAILS
CS DETAILS
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T.O.P. ELEV: 7488.3
PATH
2 +00 3 +00
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05 -0140
C2 OF 6
WIDEN EXISTNO
SIDEWALK TO 10`
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a
PROPOSE083'4' l
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SIGNS Di1 -1
BIKE ROUTE 6
PROPOSED
;
M7 -1 ARROW
T.O.P. ELEV: 7488.3
PATH
2 +00 3 +00
as
6 31 3ys
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1 -13-08
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C2 OF 6
7528
7524
7522
7520
7518
7516
7514
7512
7510
7508
7506
7496
7494
7492
7490
7488
7486
-- - - - - --
- - - - - - - — — — — —
EXIS PEPENNIANMEAZIL
V
CORRUGATED
\ "BE *S,
METAL PIPE'\ T 0 MANNI
-7 p
IN
. .. .... . .. ...
E I
STA- 14.03
GDONO 1K
R TEOl
AL,MP4 ,
TR pC*T
STA. 11+67�77-
DISTURBANCE LIMIT
-7 R 1700
... ..... . .... . OFFSET' 0.60' L
EXTEND E%RNG
L:37 6.
C�N
R. . AS
EX INVERT. 7516.9 1
4(,��00.00 9.1
L
-51.17 A' 21 '56"
_PROP 01
EXISTING. an-
I M ROPOSED
�1 R.GX 41 T ASPHAL I T PATH
fi 39
REMOVE AND RELOCATE
EXISTING RIP RAP
RE—INSTALL EXISTING RIP RAP. MATCH
EX LENGTH .%MOTH AND DEPTH.
IF CX . RIP !AP INSTALLA nON
RUC Cly 1?04D
R
_. �—R 115,� 4
STA: 15 01.50
OFFSET: 5.00 R
T END BOULDER WALL
STA: 14+96L38
OFFSET., 9.00 R
PVI STA 14+41.91
PM ELEV 7534.19
A.O. —5.483
K &00
43.9' VC
14= a . V - W
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1 -13_ OS
C4 OF 6
dw T4
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T
R.C.
BIKE PATH &
TRANSPLANT
EXISTING r4
TREE
:P53.54 COOT
SAN SEW CROSSING
STA. 13+49.43
PATH ELEV.- 29.13
RENO ENISTNG
VEGETATION AS NECESSARY
•
IM R WAY
OUT, RIGHT
516.46
—__.IKE PATH & SAN SE. CROSSING
TOP SAN. SEW: 18.12
.
TA +
13 23.39
LD
BEGIN BOULDER WALL
GRAPHIC SCALE
(STING
PA7SHELEV.26.38
Top SAN. SEW. 16.04
STA1 +63.4.3
OFFSET. 9.00 R
IN FW
I i-h - 20 fL
PVI STA 14+41.91
PM ELEV 7534.19
A.O. —5.483
K &00
43.9' VC
14= a . V - W
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DAT
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C4 OF 6
CUSS 6 AGGREGATE BASE
7RSE SHOUTAER COMPACTED
95X STANDARD PROCTOR 1,0 GRAVEL 1.0' GRAVEL
SHOULDER -{ .0' WIDE ASPHALT SHOULDER
O 2X MIN I BIKE PATH I_ O 2% MIN
2X CROSS SLOPE
TO
BO
-COMPACTED TO 95%
STANDARD PROCTOR
IBGRADE COMPACTW 8' CLASS 6 AGGREGATE BASE COURSE
STANDARD PROCTOR COMPACTED TO 95% STANDARD PROCTOR
TYPICAL TRAIL CROSS SECTION
N.T.S.
3/4 PA. z 1' -4' EPDXY COATED-/
SMOOTH BARS O 12' SPACING.
HALF OF DOWEL LENGTH SHALL BE
COATED W /AN APPROVED BOND BREAKER
CONSTRUCTION JOINT
SEE DETAIL
6' CLASS 8 FIBER
REINFORCED CONCRETE
� 5' WIDENING
qX
1/2' EXPANSION JOINT
MATERIAL REMOVE
TOP 1" AND FILL WITH
POURED JOINT FILLER.
I� ITIIIII�Illlliiill
EXPANSION, ,
N. S �QINT DETAIL
EXISTING, 5'
CONCRETE
AGGREGATE BASE
TO 95% STANDARD PROCTOR
SUBORADE
95X STAND,
7
10' CONCRETE WALK TYPICAL SECTION
NTS
EXISTING GROUND,,'
4' WASHED ROCK (TYP)
DOUBLE SIDED IMIRADRNN
14ON OR ECUIV. (TYP)
WORATED PVC (TYP)
BOULDER RETAINING WALL
TS.3z 3z 0.25'
04 1 O.C. HORIZ.
FIELD WELD TO PL
T.S. 2 x 2 z 0.1875'
O 5' O.C. VE RT.
PROVIDE WEEPS
IN TUBE AS REQ'D
3• -6•
2' MIN,
4' MAX.
-1PL'3 /4' 8' z 8"
W/ 4 - 1 /2'0 z W -6' HS.
ANCHOR BOLTS
IMBED POSTS IN 3000 PS CONCRETE
1'0 z 2' DEEP
GENERAL NOTES
1. RAIUNG STALL WITHSTAND A LOAD OF 25 PSF
AND /OR 200 LEIS IN ANY LOCATION AND AT
ANY DIRECTION.
2. PAINT POST AND RAILS 06145N BROCCOLI GREEN.
1 CONTRACTOR SHALL PROVIDE SHOP DRAWINGS
THAT INDICATE WELD REQUIREMENTS AND LAYOUT
AND SPACING OF POSTS.
1 /8" x 2' DEEP JOINT i/8" x 3" DEEP SAW CUT JOINT.
FILLED WITH POURED
EXPANSION JOINT FILLER
3'
8'
I �i�llil�llll_ „!11- III���II ,Ili- 111,,llll��lll���llli
CONSTRUCTION JOINT DETAIL CONTRACTION JOINT
ALL CONCRETE WALKS OR PATHS LESS THAN 10' WIDE SHALL BE JOINTED INTO SQUARES EQUAL
TO THE SPECIFIED WIDTH OF THE SIDEWALK AS NOTED ON THE PLANS. FOR SIDEWALKS 6' OR
NARROWER, EVERY 10th JOINT (TRANSVERSE) SHALL BE AN EXPANSION JOINT. FOR SIDEWALKS WIDER
THAN 8', EXPANSION JOINTS SHALL BE PLACED 60' O.C. MAX,
* EXPANSION JOINTS SHALL BE PLACED WHERE NEW CONCRETE ABUTS EXISTING CONCRETE.
' CONSTRUCTION JOINTS SHALL BE USED AT COLD JOINTS WHERE REQUIRED BY THE ENGINEER.
* ALL CURB & GUTTER, PANS, AND CONCRETE PAVEMENT SHALL HAVE CONTRACTION JOINTS SPACED
AT 10' O,C. MAXIMUM (OR IN ACCORDANCE WITH THE DETAILS). EVERY FOURTH, FIFTH OR SIXTH
JOINT (TRANSVERSE), DEPENDING ON SIDEWALK WIDTH AND JOINTING, SHALL HAVE AN EXPANSION
JOINT. EXPANSION JOINTS IN SIDEWALK, CURB & GUTTER PANS, AND CONCRETE PAVEMENT SHALL
MATCH.
TYPICAL CONCRETE JOINTS
NTS
R
SIDEWALK RAMP TYPE 1A
PLAN
EL
3' MIN, RAMP 3'
12: TOP OF
2%
3 y PAVEMENT
CONCRETE 11v
it
SIDEWALK 4” TIER
CONCRE E
PEDESTRIAN CURB ETECTA VARIES 6' -8" 1
WARNING
1111
SECTION A —A AND WELL
M61VAMIM
SEE PUNS FOR
SIDEWALK WIDTH ,7 6
Top OF
2X PAVEMENT
PAVEMENT
CONCRETE
SIDEWALK
SECTION B —B
SIDEWALK RAMP TYPE 1E
PLAN
GENERAL NOTES
I . AVOID PLACING DRAINAGE STRUCTURES, TRAFFIC SIGNAL EQUIPMENT,
JUNCTION BOXES, OR OTHER OBSTRUCTIONS IN FRONT OF
RAMP ACCESS AREAS.
2. RAMP SLOPES SHALT. NOT BE STEEPER THAN 12:1. THE
DETECTABLE WARNING AND WELL AREA SLOPES SHALL NOT
BE STEEPER THAN 20:1.
3. WALKS SHALL NOT BE STEEPER THAN 5X LONGRUDINALLY. CROSS
SLOPES ON WALKS SHALL NOT EXCEED 2%.
• :Z1uia
SIGNS MUST MEET MUTCD REQUREMENTS. SIDE CROSS SECTION VIEW OF PART O PART OF
18' X 18" STOP, MUTCD R1 -1. DETECTABLE WARNING. WELL. CURB. AND GUTTER WING OR WING OR
24' X 18' BIKE ROUTE, MUTCD D/1 -I. R CURS,
24' X 6' END, MUTCD M4-12. OF UMP
DETECTABLE WARNING WELL 8' 8'
FL AND CURB AREA 4 FOR 121 RAMP A
GU 3' SIDEWALK
SIGN DETAIL NG TRANSITION 6' 1
21 CURB
N.T.S. �PAIDFOR a'
P.J..PAVERS .ONG WARNING AID FOR AS CONCRETE CURB RAMP 24" 36'
CURB AND GUTTER TO BE POURED MONOUTHICAUY
DETAIL FOR TYPE 1 CURB RAMP
8' MIN, TO
P.J. = PERMISSIBLE J01NT WITH EPDXY - COATED DEFORMED NO. 4 BY 18 IN. BARS CURB FLOW LINE • a
CONFORMING TO AASHTO M 284 AT 18 IN, SPACING, (SEE WE 3)
STEEL OR 4SELOW TAK
APPROVED FILTER FABRIC
ATTACH
CONTAMINATED RUNOFF
FILTERED STAKE TO APPROX. 4' X 4' TRENCH
AT LEAST 1
GROUND SURFACE
NOTE: SILT FENCE AND /OR HAY 13ALES TO BE PLACED AS NECESSARY AROUND
THE PERIMETER OF THE SITE TO UNIT SEDIMENT TRANSPORTATION,
�1E°l�W1YlJ�C ��L�
FLOW LINE
THE TOP DIAMETER OF THE TRUNCATED DOMES
SHALL 8E SOX TO 85X OF THE ABASE DIAMETER 1 B' - 24''
I i �• •
• •
0.2 ".'1 -. CURB 2 4' •
,6' - 2.44`
_ FLOW LINE L • • •
I _PRADI.
8' - 8' TO
CURB FLOW UNE {SHALL BE
ELEVATION VIEW PLAN VIEW EQUAL IN
BOTH DIRECTIONS.
DOME AND DETECTABLE WARNING DETAILS
CURB AND I 6'
"— GUTTER TYPE 2 MOTH OF WING
.4--,•
2.
-a—�i-
A --J I— DETECTABLE WARNING WELL
PLAN VIEW OF
DETECTABLE WARNING AND WELL
(PAVERS NOT DRAWN TO SCALE)
4
C 6 "
S(TYP) �
T C 3' OETECTAPALE WARNING
a" ,SAM '
1•. ', .'.. FOJND TI ON
--I I-- 3 /,y DIA. DRAINAGE WEEP HOLE
SECTION A —A
BE POURED MONOUTHICALLY
DETECTABLE WARNING AND
GENERAL NOTES
1. THE DETECTABLE WARNINGS SHALL BE INSTALLED
AT SIDEWALK /STREET TRANSI TIONS. THEY SHALL BE
MADE IN PAVER FORM WITH A TRUNCATED DOME SURFACE
THE DOMES SHALL BE PLACED IN A SQUARE GRID.
2. THE TOP OF THE DRAINAGE WEEP HOLE SHALL BE LOCATED
AT THE LOWEST POINT OF THE DETECTABLE WARNING WELL
1 ALL DETECTABLE WARNING AREAS SHALL START A MINIMUM
OF 6 INCHES FROM THE FLOW LINE OF THE CURB AND
NOT BE MORE THAN A MAXIMUM OF 8 INCHES FROM ANY
POINT ON THE FLOW UNE OF THE CURB. ALL DETECTABLE
WARNING AREAS SHALL BE 24 INCHES IN LENGTH AND
COVER THE COMPLETE WIDTH OF THE RAMP AREA ONLY.
4. THE DETECTABLE WARNING AREA SHALL BE INCLUDED
IN THE COST OF THE CONCRETE CURB RAMP.
5. RAMP SLOPES SHALL NOT BE STEEPER THAN 12:1. THE
DETECTABLE WARNING AND WELL AREA SLOPES SHALL NOT
BE STEEPER THAN 201.
CURB AND
GUTTER TYPE 2
12:1 I FLOW UNE
(�) PAVERS (TYP.) .. .. • ..� I
NI ft, 1% R ft, NN i'h%l NO
!/
%T71lSRTl1�JfB71GNO—
SAND
FRONT SECTION VIEW OF
DETECTABLE WARNING. WELL, CURB. AND GUTTER
TYPICAL CURB RAMP DETECTABLE WARNINGS
N.T.S.
S s
1i 5
o 5
Q 4s��
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u)
RMS
-• ST
l
/A
f
HAND SELECT AND PLACE 1'
ROCK OVER TOP OF PIPE TO
PREVENT DAMAGE TO PIPE
TRANSITION TO
EXISTING GRADE
PROPOSED 18" RCP KEY 2 -3' DIA.
STONES 2' MIN.
INTO GROUND (TIP)
EXISTING BOTTOM OF CHANNEL
ROCK HEADWALL
NTS
TOP OF ROADWAY
\ ,\ \
_ BUILD EMBANKMENT
TO HERE AND EXCAVATE-
_ TO DEPTH REQUIRED \�
Imo' BD
ar
BEDDING MATERVHL
EMITS II UMRS OF
STRUCTURE �, .� \ �\ ��. STRUCTURE
EXCAVATION EXCAVATION
IN ROCK. r„_ PIPE I D OR SPAN PLUS 36" IN SOIL
0 BEDDING MATERIAL FOR SOIL "J L BE 3 M. LOOSE THICKNESS
STRUCTURE BACKFILL CLASS 2.
BEDDING MATERIAL FOR ROCK SHALL BE 12 IN. LOOSE THICKNESS
STRUCTURE BACKFlIL CLASS 1.
NOTE BC IS THE OUTSIDE DIMENSION FOR DIAMETER, SPAN OR RISE.
PIPE INSTALLATION
(WITH 0.7 PROJECTION RATIO)
/
ti
PROPOSED GRADE
l 1' MIN.
/ COVER
r�
/
PROPOSED 18" RCP
GENERAL NOTES
REINFORCED CONCRETE PIPE
t. MINIMUM COVER FOR REINFORCED CONCRETE PIPE IS THE PAVEMENT THICKNESS PLUS
ONE FOOT.
2, FILL HEIGHTS GREATER THAN 18' MAXIMUM WILL REQUIRE SPECIAL DESIGN OF
STRUCTURE.
3, PIPE DESIGN IS BASED ON SAFETY FACTOR OF 1.33 ON ULTIMATE STRENGTH.
4. THE HEIGHTS OF FILL OVER TOP OF PIPE ARE BASED ON UNIT WEIGHT OF SOIL AT
120 LBS. PER CUBIC FOOT.
5. PIPE CUSS IS DETERMINED FROM 0.01 INCH CRACK 0 -LOAD.
6. BEDDING IS CLASS B(MODIFIED) (FROM CONCRETE PIPE DESIGN MANUAL- AMERICAN
CONCRETE PIPE ASSOCIATION) WITH SETTLEMENT RATIO R = 0.0 (YIEL.D G BED).
7. CHANGES IN DESIGN FACTORS WILL REWIRE COMPENSATING CHANGE IN PIPE DESIGN.
8. MINIMUM WALL THICKNESS DIMENSIONS ARE BASED ON AASHT0 M 170 (WALL 8) FOR
CIRCULAR PIPE.
9. WHEN A CULVERT IS EXTENDED USING PIPE OF A DIFFERENT SIZE OR MATEM, A SHOP
DRAWING OF THE CONNECTION SHALL BE SUBMITTED TO THE ENGINEER FOR APPROVAL
L1 L2
i' MINIMUM
EXISTING 1GROUND
END SECTION L
CONCRETE CULVERT WITH END SECTIONS
H EXISTING GROUND
L I OR L2
CONCRETE CULVERT WITHOUT END SECTIONS
H = MAXIMUM HEIGHT OF FILL OVER TOP OF CULVERT, INCLUDING PAVEMENT.
L 1 = LENGTH OF CULVERT TO BE MEASURED WHEN PLACED IN ACCORDANCE WITH SECTION 617 OR 624.
L 2 = LENGTH OF PIPE TO BE MEASURED WHEN PLACED IN ACCORDANCE WITH SECTION 603.
CUT AND REMOVE i" X
SLOT IN 4'0 PIPE TO
ACCOMMODATE CHAIN
1/4" MILD STEEL CHAIN.
10' LENGTH-
WELD TO 4'0 PIPE
i' -2" LONG, 4'm
40
TOP VIEW
FRONT VIEW SIDE VIEW
GALVANIZED PIPE SLEEVE
m COLLAR
3b SCH, 40 STEEL PIPE
STEEL LOCK TAB
BOLLARD PLAN VIEW STEEL ROD HANDLE
BOLLARD ELEVATION
R
AND REMOVE 2" X 1/2'
IN 1/4' THICK STEEL
FOR LOCK TAB
8 STEEL LID
Ts
REUSE EXISTING RING
RAISE OR LOWER AS
SUBCRADE "
'4 BAR
OR HOOP (TYP)
1-12' MI"
14', MAX
SUBGRADE
\ -MANHOLE CONE
7' CLASS 'E" CONCRETE
NOTES:
LID- TOP VIEW
1, MORTAR BEDS SHALL NOT EXCEED 1 .
UN51`ABtE, THE CONTRACTOR SHALL EXCAVATE
TO A DEPTH REWIRED BY THE ENGINEER AND
3'0 SCH. 40 PIPE
- 2" LENGTH.
REPLACE WITH A FOUNDATION OF CLASS I ON 11 D2321 STAND
MATERIAL
1/4' THICK STEEL CAP
2. SUBGRADE AND BASE MATERIALS SHALL BE COMPACTED ACCORDING
TO STANDARD SPECIFICATIONS.
TO STEEL CAP
B
1 STEEL CAP-
SCH. 40 STEEL PIPE SLEEVE.
3. NO MORE THAN 8" OF CONCRETE GRADE RINGS SHALL BE USED TO
2. 4 SUITABLE MATERIAL SHALL BE CLASS I,
INSTALLATION OF THERMOPLASTIC PIPE FOR SEWERS AND OTHER GRAVITY-
FLOW APPUCATIONS
3" ASPHALTIC CONCERT
TOP AT 3/8' BELOW FINISHED GRADE
2
COMPACTED TO 5
I
AND /OR STRAIGHT RISER SECTIONS O THE MANHOLE TO ACHEIVE THE
STANDARD PROCI
3. SUITABLE MATERIAL
1/4" MILD STEEL CHAIN.
APPROPRIATE DIMENSIONS SMALL BE ACCEPTABLE IF THE RESULTING
LID- SIDE VIEW
10' LENGTH - WELD TO
RETE PAVING. THICKEN TO /2' DEPTH
CONSTRUCTED MANHOLE COMPLIES WITH ERWSO STANDARDS.
4. MINIMUM HEIGHT OF CONE SECTION IF REWIRED IS 2' -6'.
MINIMUM TRENCH WIDTHS SHALL BE AS FOLLOWS
N�INAI.$
TRENCH WIM 1
BOTTOM O 1/4• STEEL CAP
ID -(IDIDl
12 ((305)j 30 7603
3'0 SCH. 40 PIPE
S. MANHOLE STRAIGHT SECTIONS MAY BE 1'.2•,3' OR 4' HIGH.
DITCH LINING AS NEEDED
6" CLASS 6 AGGREGATE
- 2" LENGTH
ISHED GRADE
TO
95X STANDARD PROCTOR
WELD TO STEEL CAP
TO 3 "m STEEL PIPE
CUT TO FIRM, BEDDING MATERIAL
NATIVE SOIL -
-
2'
FOUNDATION
THE TOP O PIPE TO THE GROUND SURFACE.
WT AND REMOVE 2" WIDE X
SURFACE UVE MINIMUM REQWME4DED
THICK LOCK
WELD To 3"m
LL DEPTH SLOT IN 3 "0 PIPE
H25 (RIGID PAVEMENT) 12 (300)
TYPICAL CROSS- SECTION
LID- BOTTOM VIEW
PRIOR TO ATTACHMENT
DRILL 1/2' odFOR LOCK U -BAR.
8 STEEL LID
Ts
REUSE EXISTING RING
RAISE OR LOWER AS
SUBCRADE "
'4 BAR
OR HOOP (TYP)
1-12' MI"
14', MAX
SUBGRADE
\ -MANHOLE CONE
7' CLASS 'E" CONCRETE
NOTES:
1/4" THICK COLLAR \- COMPACTED CRUSHED ROCK
D TO 3'0 PIPE 12 FOR DRAINAGE 8" DEPTH
SLEEVE IN CONCRETE SECTION VIEW
NOTE:
ALL PIPE SECTIONS SHALL BE CONSTRUCTED OF SCHEDULE
40 STEEL PIPE AND ALL COMPONENTS SHALL PAINTED /8145N
STEEL LID WITH CONNECTING CHAIN
/8' RECESS IN CONCRETE TO
1, MORTAR BEDS SHALL NOT EXCEED 1 .
UN51`ABtE, THE CONTRACTOR SHALL EXCAVATE
TO A DEPTH REWIRED BY THE ENGINEER AND
•
REPLACE WITH A FOUNDATION OF CLASS I ON 11 D2321 STAND
MATERIAL
DATE CAP
2. SUBGRADE AND BASE MATERIALS SHALL BE COMPACTED ACCORDING
TO STANDARD SPECIFICATIONS.
12
B
1 STEEL CAP-
SCH. 40 STEEL PIPE SLEEVE.
3. NO MORE THAN 8" OF CONCRETE GRADE RINGS SHALL BE USED TO
2. 4 SUITABLE MATERIAL SHALL BE CLASS I,
INSTALLATION OF THERMOPLASTIC PIPE FOR SEWERS AND OTHER GRAVITY-
FLOW APPUCATIONS
3'm PIPE
TOP AT 3/8' BELOW FINISHED GRADE
ADJUST ANY MANHOLE GRADE. IF THIS DIMENSION WOULD BE BE
EXCEEDED, ANY COMBINATION OF REMOVING AND REPLACING CONE
MINIMUM BEDDING THICKNESS SHALL BE 4' (iWmm)
FOR 4"-24' (100 -6tymg AND 42' -48 "(1050- 1200»m)
M CONCRETE TO ACCOMMODATE CHAIN
AND /OR STRAIGHT RISER SECTIONS O THE MANHOLE TO ACHEIVE THE
FOR 3l°?TTy 9TMOOmm� 8(�HE
3. SUITABLE MATERIAL
GROUND SURFACE
APPROPRIATE DIMENSIONS SMALL BE ACCEPTABLE IF THE RESULTING
{AS g0
IN ASTM�02321 ¶LATEST EgNSTALLEO AS REWIRED IN
REFLECTIVE TAPE
RETE PAVING. THICKEN TO /2' DEPTH
CONSTRUCTED MANHOLE COMPLIES WITH ERWSO STANDARDS.
4. MINIMUM HEIGHT OF CONE SECTION IF REWIRED IS 2' -6'.
MINIMUM TRENCH WIDTHS SHALL BE AS FOLLOWS
N�INAI.$
TRENCH WIM 1
• g
ID -(IDIDl
12 ((305)j 30 7603
NSTALL EXPANSION MATERIAL
&A=CC
S. MANHOLE STRAIGHT SECTIONS MAY BE 1'.2•,3' OR 4' HIGH.
DITCH LINING AS NEEDED
30 (751) 88 (1880)
STEEL ROD HANDLE
ISHED GRADE
MANHOLE ADJUSTMENT DETAIL
42 1050 83 (2110)
48 1200 89 (2280)
TO 3 "m STEEL PIPE
CUT TO FIRM, BEDDING MATERIAL
NATIVE SOIL -
-
5. MINIMUM RECOMMENDED DEPTHS OF
COYER MFON ARIWS LIVE LOADING CONDITIONS ARE
FOUNDATION
THE TOP O PIPE TO THE GROUND SURFACE.
NTS
SURFACE UVE MINIMUM REQWME4DED
THICK LOCK
WELD To 3"m
H25 (RIGID PAVEMENT) 12 (300)
TYPICAL CROSS- SECTION
RAILWAY 24 (610)
DRILL 1/2' odFOR LOCK U -BAR.
"TOP OF PIPE TO BOTTOM O BITUMINOUS PAVEMENT SECTION
HDPE PIPE INSTALLATION
•��PIPE
CORNERS i/2' RADIUS _
1/4" THICK COLLAR \- COMPACTED CRUSHED ROCK
D TO 3'0 PIPE 12 FOR DRAINAGE 8" DEPTH
SLEEVE IN CONCRETE SECTION VIEW
NOTE:
ALL PIPE SECTIONS SHALL BE CONSTRUCTED OF SCHEDULE
40 STEEL PIPE AND ALL COMPONENTS SHALL PAINTED /8145N
THICKNESS
NOTES
1. E B: WHERE THE TRENCH BOTTOM IS
d50 (INCHES
UN51`ABtE, THE CONTRACTOR SHALL EXCAVATE
TO A DEPTH REWIRED BY THE ENGINEER AND
4" PIP
REPLACE WITH A FOUNDATION OF CLASS I ON 11 D2321 STAND
MATERIAL
RIPRAP
ACTICE FOR INSTALLATION OF THERlNOPLASTIC�
PIPE FOR SEW€RS AND OTHER GRAVITY -FLOW
APPLICATIONS LATEST EDITION: AS AN ALTERNATIVE
12
AND AT THE DISCRETION OF THE ENGINEER. THE
TRENCH BOTTOM MAY BE STABILIZED USING A
SITE SPECIFIC INSTALLATION NOTE:
CONTRACTOR SHALL USE SECTION X -2 OF
WOVEN GEOTEXTILE FABRIC.
ASTM SPECIFICATION 02321, "STANDARD PRACTICE FOR UNDERGROUND
2. 4 SUITABLE MATERIAL SHALL BE CLASS I,
INSTALLATION OF THERMOPLASTIC PIPE FOR SEWERS AND OTHER GRAVITY-
FLOW APPUCATIONS
AND fN3TALLED AS REWIRED IN ASTM
D2321, LATEST EDITION.
UNLESS OTHERWISE SPECIFIED BY THE ENGINEER,
MINIMUM BEDDING THICKNESS SHALL BE 4' (iWmm)
FOR 4"-24' (100 -6tymg AND 42' -48 "(1050- 1200»m)
POLYE-
AND -PEB (1 50.m)
10 FT ACCESS OVER PIPE
FOR 3l°?TTy 9TMOOmm� 8(�HE
3. SUITABLE MATERIAL
GROUND SURFACE
1 IN ATHS AND CLASS 1 II
REEpQCUIRED THE GEOTECHNICAL ENGINEER
OR 10TI
{AS g0
IN ASTM�02321 ¶LATEST EgNSTALLEO AS REWIRED IN
UNDISTURBED EARTH FlN FILL
4. UNLESS OTHERWISE SPECIFIED BY THE ENGINEER,
A PI
OR EWAL yy*yy
MINIMUM TRENCH WIDTHS SHALL BE AS FOLLOWS
N�INAI.$
TRENCH WIM 1
N THAI BACKFlLL,
12' i50- 300mm)
ID -(IDIDl
12 ((305)j 30 7603
REMOVE EXISTING CONCRETE ABOVE TOP OF PIPE
24 (00) 48 (1420)
DITCH LINING AS NEEDED
30 (751) 88 (1880)
36 (900) 78 (1980)
HAUNCHING. TO
SPRINGLINE O PIPE
42 1050 83 (2110)
48 1200 89 (2280)
60 1500 102 (2590)
CUT TO FIRM, BEDDING MATERIAL
NATIVE SOIL -
-
5. MINIMUM RECOMMENDED DEPTHS OF
COYER MFON ARIWS LIVE LOADING CONDITIONS ARE
FOUNDATION
SUMMARIZED IN THE FOLLOWING TABLE UNLESS
OTHERWISE NOTED. ALL DIMENSIONS ARE TAKEN FROM
THE TOP O PIPE TO THE GROUND SURFACE.
MIN. TRENCH WIDTH
SURFACE UVE MINIMUM REQWME4DED
LOADING CONDITION Cg ism)
H25 (FLEXIBLE PAVEMENT) 72 (300)
H25 (RIGID PAVEMENT) 12 (300)
TYPICAL CROSS- SECTION
RAILWAY 24 (610)
HEAVY CONSTRUCTION 48 (1220)
"TOP OF PIPE TO BOTTOM O BITUMINOUS PAVEMENT SECTION
HDPE PIPE INSTALLATION
(N.T.S.)
THICKNESS
MATERIAL
d50 (INCHES
8" PIPE
4" PIP
24'
RIPRAP
12
12
H WIDTH OF CHANNEL OR 3 D IN
3 D + L MAX, SEE PLANS
PLAN
OUTLET PROTECTION DETAIL
NTS
oz %Al §1
s
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: 7c
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