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TC Council Packet 02-28-2006TOWN OF "ON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, FEBRUARY 28, 2006 AvoN MUNICIPAL BUILDING, 400 BENCHMARK ROAD REGULAR COUNCIL MEETING AGENDA MEETING BEGINS AT 5:30 PM 1. CALL TO ORDER AND ROLL CALL 2' APPROVAL OFAGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OFINTEREST 4. CITIZEN AND COMMUNITY INPUT 5. ORDINANCES a. Public Hearing on Ordinance No. 08-03. Series of 2006, First Reading, Confluence Planned Unit [)eVe|Dp0eDt @ Development Agreement (Tambi Ka ieb. Community Development Director & Eric Heidemonn, Senior Planner) Tabled from last meeting; A request for amendment to the 10 acre Confluence PUD to modify the existing development rights and zoning for the entire property. This application proposes a Westin hotn|, retail p|oza, high-speed public gondo|a, uondonniniuma, and fractional residential units. The property is located between the Eagle River and the West Town Center, accessible from Avon Road b. [)RjiDaOCB y4O. 06-04' Series of 2006. First Reading, An [}ndiO@DQe Amending Title 17. K8UDiCip@| Code Of The TOVVO Of Avon, Adding Definitions For Allowed Uses In The |OdUStri8| And Cn00e[ci8/ ZoOe, Adding Self G[O[8ge AS An Allowed Use In The Industrial And Co00eFCi8) Zone 0St[ict, And Amending The Parking Qt8Dd8[dG For Uses Allowed In The Industrial And Co[nDlen:iG| Z0O8 (Eric Heidomann. Senior Planner) Proposed amendments to the Zoning Code related to parking standards for e||uvYod uses in the Industrial & Commercial Zone by defining uses as well as reconciling allowed uses with associated parking standards 6' RESOLUTIONS a. Public Hearing on Resolution No. 06-10. Series of 2006, Resolution approving the Update to the Town of Avon Comprehensive P|8O (Rebecca Leonard, Design Workshop) Final action on the work related to updating Avon's Comprehensive Plan; approved by Planning & Zoning Commission b. Resolution No. O0'11. Series Of2OO8' Resolution approving the Preliminary and Final Plat Ofthe Enclave at\8/|dvYoOd.AReSUbdivisioDVf Lot 8. Block 5.\8/|dhdge' Town Of Avon, Eagle County (Jeff Schneider, Engineer ||) Atuvvnhouoe subdivision of developed |oi, creating nix townhouse units & a common area / 1031 West Wildwood Road, Units A-F 7. NEW BUSINESS @. Service Agreement with Town of Minturn, (Bob Reed, Transit Director / Public Works Director) Annual service agreement for fleet maintenance with Town ofMintunn b. Service Agreement with Beaver {}reek yWet[O District, (Bob Read. Transit Director / Public Works Director) Annual service agreement for fleet maintenance with BCMO 8. OTHER BUSINESS 9. UNFINISHED BUSINESS 1Q- TOWN MANAGER REPORT 11' TOWN ATTORNEY REPORT Avon Council Meeting.06.02.28 Page corn TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, FEBRUARY 28, 2006 AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD REGULAR COUNCIL MEETING AGENDA MEETING BEGINS AT 5:30 PM 12. MAYOR REPORT 13. FUTURE AGENDA ITEMS Agenda For March 14, 2006: None at this time 14. CONSENT AGENDA a. Minutes from February 14, 2006 for Regular Council Meeting & Liquor Board Meeting b. Easements for Eagle River Recreational Enhancements Project (Norm Wood, Town Engineer) Declaration of Easements for RICD PE -06 & RICK PE -07, as part of the application to the Colorado Water Conservation Board for the in channel diversion 15. ADJOURNMENT Avon Council Meeting.06.02.28 Page 3 of 3 11' I L.- _l_I_l!� To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager x From: Tambi Katieb, Community Development D' r Eric Heidemann, Senior Planner Date: February 23, 2006 Re: First Reading of Ordinance 06 -03, Riverfront Subdivision Planned Unit Development ( "PUD ") Application, Amendment to the 1998 Confluence PUD (PUBLIC HEARING) Summary: The above referenced Confluence PUD amendment was tabled at your February 14', 2006 meeting after a lengthy discussion relative to the public - private capital and operations funding partnership that is being requested by the applicant. The specific land use proposal was reviewed at your January 24, 2006 meeting and discussed in detail in the Planning & Zoning Commission reports, which also include a history of the property, and in the application narrative itself. 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 have been 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 the latest draft of these standards at their February 21, 2006 meeting which are attached for your review. It should be noted that the attached ordinance has not been modified as this item was tabled at first reading, however certain conditions will be revised as a result of the development agreement and the resolution of design issues through the adoption of the Design Standards (which will become part of the PUD plan itself). Both the Development Plan and Development Agreement are exhibits to Ordinance 06 -03. To be clear, the following conditions will be reflected in the Ordinance by second reading: Water Rights condition: The development agreement now specifies the additional amount of water required (21.29 acre feet) and timing (prior to building permit). - Affordable Housing condition: The development agreement now specifies total capital contribution less the affordable housing impact fee. Tract A (Eagle River Open Space Parcel): The development agreement now specifies timing and dedication of this property. General Notes and PUD Plan Conditions: Many of the Development Plan conditions will be revised to the recommended conditions by the applicant, eliminating the need for these conditions to be in the Ordinance. Also attached is a memo from the Town's Finance Director, and Town financial consultant, Stan Bernstein & Associates, relative to the economic models and the related impacts of the land use proposal. Background: 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. 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: Ordinance 06 -03, Westin Riverfront Resort & Spa Amendment to the 1998 Confluence PUD Town Council February 28, 2006 Regular Meeting (PUBLIC HEARING) The Town manager and finance director 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. Town Manager Comments: Attachments: A: Ordinance 06 -03 Recommending Conditional Approval of the PUD Amendment, including PUD Development Plan & Draft Development Agreement. B: Memo from Scott Wright, Finance Director regarding financial models. C: Riverfront Design Standards dated February 23, 2006 (as adopted by P &Z) D: 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 28, 2006 Regular Meeting (PUBLIC HEARING) EXHIBIT A TOWN OF AVON ORDINANCE NO. 06-03 � YCW111r, 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 6th, and December 20th of 2005 and January 17th, 2006, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD Amendment; and WHEREAS, Ordinance 06 -03 incorporates by reference the PUD Development Plan as "Exhibit A" and the Amended and Restated Development Agreement as "Exhibit B ", both documents specifying all conditions of approval for the property; 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 17.20.110H(2); 3. The project is compatible with the immediate scale and character of existing properties in the vicinity. 17.20.110H(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. 17.20.11OH (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. 17.20.11OH (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. 17.20.11 OH (9); 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection has been established. 17.20.110H (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 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 "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. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk FORM: Town Attorney TENTATIVE DRAFT 2.2l.06(REVlSED) AMENDED AND RESTATED DEVELOPMENT AGREEMENT The Confluence THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as n[_______, 2006 by and between Bast West Partners, Inc., u Colorado corporation or its assign ("Owner") and the Town of Avon, a municipal corporation of the State of Colorado (the ^]o,m'') and constitutes an amendment and restatement with respect M the Confluence of that certain Development Agreement —Confluence and Tract C dated October 27, 1998 (the ^1998 Agrucmcnt^), as more fully set forth below. Owner and the Town are collectively referred 10 as the Parties. RECITALS A. Owner is o corporation duly organized and in good n1uodiog under the |ovvx of the State nfColorado. B. Owner owns a parcel of real property which was previously annexed io the Town and dobood as the "Confluence" in the 1998 Agreement, as more particularly described in Exhibit A attached to this Agreement (the ^ConOuuzoo^). C. Owner desires to develop the Confluence asa mixed use development which may include, among other uses, u whole ownership condominium Westin Hotel ('YhoHotu\^), whole ownership cuudominiums, tovmhomcy, dme'ohum ownumhip, restaurants, retail, opo` psNug' public transportation facilities, open space, office, commercial, meeting space and other uses. D. Owner is submitting an application for an amendment to the existing Planned Unit Development which was approved with respect to the Confluence as part ofthe 1998 Agreement. This Agreement amends and restates the 1998 Agreement with respect N the Confluence only. The Parties expressly intend not m modify any of the terms ofthe l998 Agreement insofar usthe 1998 Agreement refers to and concerns the properties defined therein as '~[mct B^ and "Tract C^ E. The Town has authority W zone and govern development of the Confluence io accordance with this Agreement, the Comprehensive Plan, the Confluence PQD, the Municipal Codc, and other upp|iuubic Town requirements and polices. Furthermore, the ?o"m has authority to agree to the vesting of property development rights concerning the Confluence. E The Confluence is expected to contribute substantially to the economic growth of the Town and consequently will increase future tax revenues tn the Town. The Town desires to enter into this Agreement affecting the Confluence in order to provide for orderly growth in and around the Town and to iocmuao its tax revenues. The Town desires to make o, contribute to certain public improvements relating to the Confluence and m contribute to certain operating czpcnoos of tbmnc improvements in order to enhance future tux revenues to the Tnvm and contribute tn the common good of the Town and its residents. G. The legislature of the State of Colorado adopted Sections 24 -68 -101, et sue. of the Colorado Revised Statutes (the "Vested Property Rights Statute ") to provide for the establishment of vested property rights in order to ensure reasonable certainty, stability and fairness in the land use planning process and in order to stimulate economic growth, secure the reasonable investment - backed expectations of landowners, and foster cooperation between the public and private sectors in the area of land use planning; said Vested Property Rights Statute authorizes the Town to enter into development agreements with landowners providing for vesting of property development rights. H Consistent with the Vested Property Rights Statute, Chapter 17.14 of the Muni authorizes cipal Code authozes the Town to enter into development agreements with landowners and other qualified applicants providing for the vesting of property development rights. L Development of the Confluence in accordance with this Agreement will provide for orderly growth in accordance with the policy and goals set forth in the Comprehensive Plan, ensure reasonable certainty, stability and fairness in the land use planning process, stimulate economic growth, secure the reasonable investment - backed expectations of Owner, foster cooperation between the public and private sectors in the area of land use planning, and otherwise achieve the goals and purposes for which the Vested Property Rights Statute and Chapter 17.14 of the Municipal Code were enacted. In exchange for these benefits and the other benefits to the Town contemplated by this Agreement, together with the public benefits served by the orderly development of the Confluence, Owner desires to receive the assurance that it may proceed with development of the Confluence pursuant to the terms and conditions contained in this Agreement. J. The Town's authority to enter into this Agreement stems from the power vested generally in Colorado municipalities to address matters of local concern by contract, ordinance or otherwise. Because any payments by the Town required under this Agreement shall be subject to annual budget appropriation, they shall not be multiple fiscal year contractual undertakings of the Town and shall not be a tax policy change which would otherwise require electoral approval. AGREEMENT NOW, THEREFORE, in consideration of the premises set forth above, the terms, conditions and covenants set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and the Town agree as follows, which agreement contains all obligations of the Owner and the Town with respect to the development of the Confluence: ARTICLE I DEFINITIONS AND GENERAL PROVISIONS Definitions. The following terms and references shall have the meanings set forth below unless the context in which they are used clearly indicates otherwise: 1.1 Accommodation Unit. For purpose of calculation of density (and not for purpose of calculation of water requirements), any room or group of rooms used primarily for transient lodging and accessible from common corridors, elevators, walks or balconies without passing through another Accommodation Unit and shall be no larger than 600 square feet. An Accommodation Unit may include an Efficiency Kitchen. Each Accommodation Unit shall be counted as one -third (1l3) of a Dwelling Unit for purposes of calculating allowable Dwelling Units per acre. 1.2 Amenities Fee. A consensual fee intended to mitigate the impact of a Time -share subdivision, including the cost of transportation and recreational facilities. 1.3 Annexation Agreement. The conditional Annexation Agreement affecting the Confluence Parcel approved by the Town on August 25, 1998, and recorded on November 23, 1998, at Reception No. 677379 in the real property records of Eagle County, Colorado. 1.4 Confluence. The parcel of unimproved real property described on Exhibit A. 1.5 Comprehensive Plan. The Avon Comprehensive Plan adopted by the Planning and Zoning Commission of the Town on 1.6 Development Standards. The Development Standards pertaining to the Confluence contained in the PUD Development Plan attached hereto as Exhibit B, recorded at Reception No. Eagle County records. 1.7 District. Shall mean collectively the Confluence Metropolitan District and the Avon Station Metropolitan District approved by the Town to serve the Confluence, among other properties as described in the 1998 Agreement. 1.8 Dwelling Unit. For purpose of calculation of density (and not for purpose of calculation of water requirements) a Dwelling Unit is one (1) or more rooms, including cooking facilities, intended or designed for occupancy by a family or guests independent of other families or guests, or (2) An aggregate of Accommodation Units provided as follows a. Three (3) Accommodation Units shall be counted as one (1) Dwelling Unit, b. Two (2) Accommodation Units in association with a dwelling unit shall be counted as one dwelling unit. 1.9 Effective Date. The effective date of the Town Council ordinance approving this Agreement. 1.10 Efficiency Kitchen. An Efficiency Kitchen means a room, wet bar or similar facility that may contain a sink, refrigerator, dishwasher, microwave oven, cook top, wet bar or similar facility, but expressly not a stove or oven within an Accommodation Unit or Residential Unit. Stub outs for natural gas, propane, or 220 -V electric hook -ups are not allowed. 1.11 Exhibits. The following are Exhibits to this Agreement, all of which are incorporated by reference into and made a part of this Agreement: Exhibit A Legal Description of the Confluence Exhibit B PUD Development Plan for the Confluence Exhibit C Public Improvement Responsibility Matrix 1.12 Municipal Code. The Avon Municipal Code, as in effect from time to time. 1.13 PUD. Planned unit development or PUD, as such terms are defined and used in the Municipal Code, as approved by the Town with respect to the Confluence. 1.14 Real Estate Transfer Tax. For purposes of this Agreement, Real Estate Transfer Tax shall mean any municipal real estate transfer tax imposed by the Town pursuant to Municipal Code Ch. 3.12 or any similar code provision enacted during the Term of this Agreement. 1.15 Residential Unit. One (1) or more bedrooms, including cooking facilities, which has a separate deeded real property interest. 1.16 Sanitation District. Eagle River Water and Sanitation District. 1.17 Subdivision Improvements Agreement. An agreement guaranteeing the construction of public improvements for the Confluence pursuant to Title 16 of the Municipal Code. 1.18 Time -share Owner. A person vested with legal title to an interval estate or a time -share estate, as defined in Section 38 -33 -110, Colorado Revised Statutes. 1.19 Time -share Interest. The ownership interest of a Time -share Owner. 120 Town. The Town of Avon, a municipal corporation of the State of Colorado. 1.21 Town Council. The Town Council of the Town. 1.22 Vested Property Rights Statute. As defined in Recital H above. 1.23 Zoning. Formal and final passage of an ordinance and/or resolution by the Town Council confirming a zoning designation on a parcel of land as provided in the Municipal Code. Such final passage shall be deemed to occur after the passage of any applicable period for the filing of a petition for referendum to reverse or nullify such zoning ordinance. 1.24 Zoning Application. The zoning application for the Confluence. 4 ARTICLE 11 CONDITIONS PRECEDENT; COVENANTS; THIS AGREEMENT 11 Condition Precedent. Aoocuudnn of the Confluence to the Town was accomplished pursuant to Ordinance No. 98-18 and Resolution No. 98'54, and the Anucxudno Agreement was approved by the Town on August 25, 1998, and recorded ou November 23. 1998. ut Reception No. 677379 io the real property records ofEagle County, Colorado. The Parties hereto agree that annexation of the Confluence was in all respects in accordance with the Town charter and the Colorado Municipal Annexation Act ofl965, ua amended (C.B.8. §§ 3l 12-101.c/scql Further, this Agreement is expressly conditioned upon the acquisition of fee simple title to the CooOuonoc, together with adequate water rights, by Owner. If Owner does not acquire Such fee simple title onor before June \5.2OV6, this Agreement shall bc deemed void and nfno force or effect, the Confluence shall 6c governed bythe l998 Agreement and the vested property rights co/uh|iahnd by the 1998 Agreement, and the vested property rights described in this Agreement shall bu deemed not established. 2.2 Term. In recognition of the size of the development contemplated under this xgrcrmcn/. the substantial iovco8oeoi and time required to complete the development of the CunOuenoe, the pouuodu| for pbuacd development of the CouOoeocc, and the possible impact of economic cycles and varying market conditions during the course of development, Owner and the Town agree that the tcnn of this Agreement and the vested property rights established under this Agreement shall commence on the Effective Date and shall continue until the )2tb anniversary of the Effective Do/c. After the expiration of the Term, this Agreement shall bo deemed terminated and of no further force or effect; pro`ided, hn*cvo that such teonouhoo obuU not effect (u) the annexation of the Confluence to the Town; (b) any common-law vested rights obtained prior to such termination, (c) any operating agreement entered into between the Town and the Confluence Metro District and/or the Avon Station Metro District, or (d) any right arising from legislative, quasi- judicial or administrative uppooru}x occurring prior m, concurrently with, or subsequent N the approval of this Agreement and the Development Standards. 23 Amendment of Agreemen . Except as otherwise uo/ forth in this Agreement, this Agreement may be amended or toouinutcd only hymutual consent n[ the Town and Owner in writing following the public notice and public hearing procedures required for approval of this Agreement. For the purpose of any amendment m this Agreement, "Owner" shall mean only the Owner as defined herein and those parties, if any, to whom such signatories have specifically been granted, in writing hy Owner, the power m enter into such amendments. 2.4 Cooperation in Defending Legal Challenges. |f any legal ox equitable action nrother proceeding is commenced by u third party challenging the validity of any provision of this Agreement or the Development Standards, Owner and the Town agree to cooperate in defending such action or proceeding and to bear their own expenses in connection therewith. Unless the Town and Owner otherwise agree, each party shall select and pay its own }o&u| counsel m represent itin connection with such action orproceeding. ARTICLE III ZONING, VESTED RIGHTS AND EXACTIONS l| PU8D Zonin & The Confluence shall 6czoned aso separate PUDmprovided in this Agreement and in the Development Standards. ].2 Development Standards and Phasin . (a) Development Standards. The Development Standards contained in the PUD Development Plan attached as Exhibit B set forth the guidelines for development of the Confluence and are approved by the Town as the zoning for the Confluence, and indicate, among other things, set back distances, building height limitations, site coverage |cvHs, development densities, allowed uses (hmb permitted uses hy right and those permitted upon apuoiu| review), parking requirements and other guidelines and limitations for the development of the Confluence. The Development S/andmdu, as contained in the PDD Development Plan, are part of the zoning regulations of the Municipal Code and take precedence over other zoning regulations except 6uoobr as the Development Standards are silent. (b) Subsequent Development Approval. Areas requiring u minor modification to roadway alignment, building location, m other related changes to the PU0 Development Man, may be approved by the Community Development Director subject to the following criteria: i Modification is not materially incompatible with adjacent uses unless modification incorporates measures which adequately mitigate impacts to those uses; and ii. Kindificudou is not materially inconsistent with the Development Standards set forth in the POD Dcrdnpmcnz Plan or the approved Development Agreement; and iii. Mwbficoboo does not materially alter the intent uf the zoning privileges vested herein. The Community Development Director shall determine whether umodification requested is u minor modification or a major modification. /\ major modification o6aD require a K/nnu| amendment application and ondocd public bcubog. The Community Development Director's determination may be appealed to the Planning and Zoning Commission within seven (7) days after the determination iomade. 3.3 Vesting of Property Rights. Owner and Town agree that (a) this Agreement and the Development Standards constitute an approved ^site'speciUc development plan" as defined in the Ycsnnd Property Rights Statute and 8rcdno 17.14.100 of the Municipal Code and as adopted pursuant to the requirements of Soo6nu 17.12.020 of the Municipal Code which the Town acknowledges hereby has been approved 6y proper procedure under the Town's charter and the K4unicipu|Codc.and(h)dhuz0pmczuathc|egu\n*ncrnfthnCooOucnons6al|bavevestod[vnperty rights to undertake and complete development and use of the Confluence as provided in this Agreement and the Development Standards. Pursuant to Section 17.14.050 of the Municipal Code, approval of this Agreement and the Development Standards constitutes a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended. 3.4 Property Rights Vested. The rights identified below shall constitute the vested property rights under this Agreement: (a) The right to undertake and complete the development and use of the property within the Confluence in the manner and to the extent set forth in and pursuant to this Agreement and the Development Standards. (b) The Town shall not initiate any zoning or land use action that would have the effect of materially altering, impairing, preventing, diminishing, imposing a moratorium on development, or otherwise delaying the development and use of the property as set forth in this Agreement or the Development Standards. 3.5 Obligation s. (a) Public Transportation. Owner shall, at its sole expense, construct a gondola from the Confluence to the Tames /Beaver Creek Landing commercial hub with a minimum capacity of 1,200 people per hour (the "Gondola "). The location and construction of the lower terminal shall be governed by the final plat and shall be so configured as to allow connection of the 1,o dola,in the Tuture to a gondola extension to the top of Beaver Creek. Operation of the Gondola shall be governed by an operational agreement between the Town and the District pursuant to which the Town shall make annual payments to the District toward the costs of maintenance and operation of the Gondola. The Town acknowledges and accepts that the Gondola shall also be governed by a management agreement pursuant to which The Vail Corporation shall manage and operate the Gondola on behalf of the Distriq (b) Linear Park/Connection to Town Core. Owner shall establish a "Linear Park" (identified as Tract A on the preliminary plat) along the Eagle River, which park shall remain in its natural state with certain site improvements as determined by Owner, and reasonably approved by the Town. Owner shall also create a combination of pathways and walkways together with associated landscaping, which shall provide public access to the Eagle River. The improvements shall, conform to the description of such improvements as contained in the PUD Development Plan, as finally approved by the Town. Owner shall convey Tract A to the Town by special warranty deed at such time as all public improvements within the Linear Park have been accepted by the Town pursuant to a Subdivision Improvements Agreement but no later than thj years after the date of recording of the final plat. The Town agrees that the Linear Park shall be subject to a deed restriction limiting it to public ownership forever in its scenic and open space condition and used solely as a recreation area for the enjoyment of the public, including spectator events, and prohibiting uses and other activities or development inconsistent with this purpose and the residential nature of the adjacent property. The Town shall agree in such instrument to monitor and police the activities on the Linear Park. The owners and guests of the Confluence shall enjoy a perpetual easement of use and enjoyment of the Linear Park, subject to the foregoing restrictions and the reasonable regulations of the Town. _ Deleted; and shall be granted certain discretion with respect to same { Deleted substantially ....... .. _. ; Deleted: five Deleted. > (c) Owner shall construct uPublic Plaza and o|uud Public Vcsuvvms in accordance with the description nfsuch improvements uo contained in the yDD Development Y\uo, as finally approved hy the Town. The Plaza shall ,_y�2��L public �potoUh�0nodo��y«b|ioK�s�oo,u» -� l and m connections m the pathways to the Linear Park. Operation ofthe Public Plaza and Public Kcounoms shall be governed by an operational ugreuncu( between the Town and the District pursuant to which the Town shall make annual payments W the [hnUid Wp/md the costs of maintenance and operation of the Public Plaza and Public Douunoms. kD Access Roads. All roadways and associated hgbt-of-wuy improvements and landscaping as described in the 9UD Development Plan, as finally approved by the Town ("Roads"), within the Confluence shall be constructed by Owner and dedicated to the Town. Owner retains the right to place sigvugc within such rights-of-way with the approval of the Town, as described in Section 3.5(|)below. Owner nr the District and the Town shall enter into uSubdivision Improvements Agreement, and upon compliance therewith, the Town shall accept such Roads for maintenance. All such Roads shall be constructed tothe standards for roadways, which standards shall be as set forth in the Final Subdivision Plat for the Confluence approved by the Town and as an/ forth in the Subdivision Improvements /\g/ocmouL Unmcr, the District or u master property owners' association for the Confluence shall have the right W improve such landscaping and/or place signagc within hgbts-of-way from time to time with the Town's consent. (e) Owner shall hc obligated m the Town in the amount of $846,000 in recognition of its obligation to provide affordable housing, which financial obligation has been considered in the calculation of the financial obligations of the Town to Owner pursuant to Article Yhereof (f} Railroad Crossings. The Town has received approval from the Colorado Public Utilities Commission ("PDC^ for two at-grade crossings (thcCroadnga^) over the existing railroad tracks io order N connect the Confluence to the western Town center located (1) at the west end of the Confluence and (2) near the Seasons at Avon building at locations and pursuant to terms reasonably satisfactory M Owner and the Town (the ^Cn000inga'l. The Town shall bear the expense for construction of the Crossing improvements io accordance with the requirements ofthe PJCaod the railroad. The Town abuU further be oapooyib|o for any future improvements to the Crossings ordered by the PDC. Upon completion of the Crossings, but subject to the hght*f-way of the railroad, the same shall become a part of the Town's road system for maintenance purposes. If either or both -in the filturc closed oi- required to-be protected bv additional warning evices, the 0%, 11 shali �a itQ sole expense implement any orders entered by the PUCincLuding but not limited LO construction ofa pedestrian unkTA5.,� �atthe eastern crossing. Owner shall grant to the Town such rights-of-way for public ingress and egress as are reasonably necessary for the full and Deleted: If either or both Crossings are convenient use of the Crossings by the public, at such looudnoo and upon such terms as are !in the future closed or required to be i protected by additional warning devices, its s reasonably agreed upon by the Owner and the Town. '/ the Town shall at Ole expense 1 implement any orders entered by the PUC including but not linifted to construction of a pedestrian underpass at the eastern crossing. 11 ' (� Water and Water Rights. (i) The Town's augmentation plan decreed in Water Division No. j Cuoo No. 84CW225 allocated 5.52consumptive acre feet for the development of the Confluence (Avon Station). The allocated consumptive use was based upon the development of200 Dwelling Units, 10.000 square iec\ of commercial area and 1.8 uora irrigated area. Depending upon the final development p|oo, water requirements for the Confluence are expected 0n be higher than that allocated in the Town's augmentation plan. The difference between the 5.52 consumptive acre-feet and the water requirements for the proposed Confluence development is hereinafter defined oothe "Increased Water Requircmcxzx.^ (ii) Owner uhnO commission o study regarding water consumption and augmentation requirements related to the maximum development as allowed bythe approved PDD zoning. The study shall determine the /noouaud Water Requirements of the Confluence. Said study and projections shall be subject to review and approval hy the Town. Upon Town approval of the water consumption and augmentation study, Owner shall, as a condition of water service for the Increased Water Requirements, dedicate and convey to the Town sufficient water rights and water storage rights that can be used in conjunction with the augmentation plan and the storage capacity presently owned hy the Town to make up the amounts needed to serve the |umcaocd Water Requirements. 0vmcr shall reimburse the Iovm'e expenses, including rn0000uh|e and actual oo8joeuing cuym and legal {ecx, incurred in connection with including such additional water in the Town's augmentation plan. Any water rights to be dedicated and conveyed to the Town aku|| be subject to the Tnvm`a approval and acceptance, provided, however, 6o&|c Park Reservoir water shall be deemed oo acceptable source ofdedication water under this Agreement. The Town ahu|| not be required to store water in or release water from Benchmark Lake to meet any Tncouaod Water Requirements. Dedication of augmentation *u(cr and related water rights xhuU he completed prior tothe iaauauoc of the first building pnond on the Confluence. (m Hurd Lane Land and Improvements. Street improvements, including landscaping, ua indicated inthe Subdivision Plans and Subdivision Improvements Agreement atthe intersection of Hurd Lane with Avon Road ("thc Hurd Lane [mprovements') shall beconstructed by Owner and completed prior N the time the first certificate of occupancy bissued within the Confluence. The Town shall issue u right-of-way permit for cnoouncdon of any needed improvements within the Avon Ruud or Hurd Lane rights-of-way. The Owner o,the District and the Town ahu|| enter into uSubdivision Improvements Agreement, and upon compliance with the tcnna &ouo[ the Town shall accept the Run( Lane Improvements for maintenance. Owner, the District uru master property owners' association for the Confluence shall have the right to place and maintain landscaping at its expense from time W time at its discretion, subject to the consent approval of the Town. Owner reserves the tight toinstall and maintain resort aignagcwithin such rights-of-way with the consent of the Town, as described in Section 3.5(l) below. Q Amenities Fee` (i) Commencing at the time of a first -time sale and conveyance of a Time- share Interest to a third party purchaser and continuing in perpetuity with respect to such Time- share Interest, the Owner or property owners' association for any Time -share Ownership subdivision within the Confluence ( "Association ") is obligated to collect from each Time -share Owner and remit to the Town on a semi - annual basis an Amenities Fee in the amount of $28.05 per year per fractional interest, or the equivalent of $28.05 per year per weekly interest if conveyed in some fractional interest other than a one week period. Owner agrees that no Time- share Interest will be conveyed until the Association governing such Time -share Interest is validly organized and in good standing with the Colorado Secretary of State. The provisions for the obligation for each Time -share Owner to pay shall be a covenant running with the land and reflected accordingly on the final subdivision plat and all Association covenants. The amount of the semi - annual payments will be calculated according to the following formula: Number of existing or newly deeded Time -share Interests per semiannual period (January -June, calculated as of June 1, and July- December calculated as of December 1), multiplied by an amount equivalent to $28.05 per weekly interest as defined above (or as adjusted by CPI -U, as defined below), divided by 2. The due dates for the semiannual payments are August 20 and February 20 for the previous semiannual calculation period. On January 1, 2006, and on the first day of each year thereafter, the amount of the fee shall be increased, but not decreased, by the percentage change from the prior year average consumer price index for All Urban Consumers for the Denver - Boulder - Greeley metropolitan area as published semiannually and appearing in the January and July issues of the CPI Detailed Report published by the Bureau of Labor Statistics (the "CPI -U "). It shall be the duty of the Association to keep and preserve such records as are necessary to determine the amount of fees due hereunder. Such records shall be preserved for a period of three years and shall be open for inspection by representatives of the Town during regular business hours. If a remittance to the Town is delinquent, or the remittance is less than the full amount due, the Town shall make a written demand of the amount due and deliver or mail the same to the office of the delinquent Association. The amount properly determined to be owing shall bear interest from the due date of the remittance at the rate of one and one -half percent per month until paid. (ii) Owner, on behalf of all Associations and to the extent permitted under applicable law, hereby assigns and grants a continuing security interest in each re Association's right to future income, including the right to receive common expense assessments of any kind levied pursuant to its condominium declaration, and its lien therefor, to secure payment of the Amenities Fee. Upon default of any Association in collection and /or remittance of the Amenities Fee and notice thereof to the Time -share Owners, the Town shall have the right to directly receive common expense assessments and to foreclose the lien therefor. 0) Fee for Fire Station Expansion. Owner shall be obligated to the Town in the amount of $160,000 for reimbursement of the cost of expansion of fire station facilities, which obligation has been considered in the calculation of the financial obligations of the Town to Owner pursuant to Article V hereof. (k) Si a e. The Town agrees that Owner shall be permitted to place signage in visible locations within the rights -of -way for Avon Road and Benchmark Road, as well as within the rights -of -way to be created within the Confluence, subject, however, to the Town's approval as to specific locations, dimensions, materials and design, which approval will not be unreasonably withheld if such items do not present a safety concern and the design is approved by the Town's Planning and Zoning Commission as part of a master sign plan. Provided, nothing contained herein shall prevent the Town from removing any signs in the exercise of its police power. 3.7 No Obligation to Develop. Owner shall have no obligation to develop all or any portion of the Confluence and shall have no liability to the Town or any other party for its failure to develop all or any part of the Confluence. Provided, the obligation of the Town pursuant to Article 5 hereof shall be conditioned upon 1) Owner entering into a lease or contract for operation of a Westin Hotel and the commitment of Owner, by deed restriction containing penalty provisions, to cause the Westin Hotel or a hotel of comparable rating approved by the Town to remain in operation for a period of twelve years from the effective date and 2) Owner or District entering into a contract for purchase and installation of the Gondola. 3.8 Compliance with General Regulations. Except as otherwise provided in this Agreement or the PUD Development Plan, the establishment of vested property rights under this Agreement shall not preclude the application on a uniform and non - discriminatory basis of Town regulations of general applicability (including, but not limited to, building, fire, plumbing, electrical and mechanical codes, the Municipal Code, and other Town rules and regulations, except as otherwise provided in this Agreement and the PUD Development Plan) or the application of state or federal regulations, as all of such regulations exist on the date of this Agreement or may be enacted or amended after the date of this Agreement, provided that such newly enacted or amended Town regulations shall not directly or indirectly have the effect of materially altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying or otherwise adversely affecting any of Owner's rights set forth in this Agreement or the PUD Development Plan. Owner does not waive its right to oppose the enactment or amendment of any such regulations. ARTICLE IV WATER SERVICES Upon Owner's compliance with Section 3.5(g) hereof, the Town shall cause water service to be provided to the Confluence upon notification of need by Owner as required for the development of the Confluence. Water infrastructure /capital facilities which are necessary for the Town to provide water to the Confluence shall be provided by Owner and /or in accordance with the plans for same included in the PUD Development Plan, as finally approved by the Town. The Owner or the District and the Town shall enter into a Subdivision Improvements Agreement, and upon compliance with the terms thereof, the Owner or the District shall convey the water improvements to the Town by good and sufficient bill of sale, and the Town shall accept such water improvements for maintenance. The Town shall charge water tap fees within the Confluence on a uniform, non - discri minatory basis with other users within the Town. ARTICLE V SHARING OF PUBLIC AREA COSTS 5.1 Obligation of the Town. In consideration of the performance by Owner of the public improvement obligations identified in Sections 3.5(a), (b), (e), and (d) under this Agreement, the Town agrees to rebate $1,557,000 in Real Estate Transfer Tax revenues received from the imposition of tax pursuant to Section 3.12.030 of the Municipal Code on all real property located within the Confluence according to the procedures identified in paragraphs 5.1 (a) and 5.1 (b) below.___Jhe Town shall account for all Real Estate Transfer Tax revenues received from the imposition of tax pursuant to Section 3.12.030 of the Municipal Code on all real property located within the Confluence ( "Confluence RETT"), r 0% of the Confluence RETT received, not to exceed a cumulative amount of $1,557,000, shall be deposited and maintained in a separate "Confluence RETT Account ". The Confluence RETT Account shall be separately accounted for and shall not be used, pledged or otherwise encumbered except as specifically set forth herein. Amounts deposited into the Confluence RETT Account shall be paid to the Owner within thirty (30) days following the end of the calendar month when collected, plus an additional amount equal to 7% jnterest compounded annually on the unpaid balance of such $1,557,000 commencing prk the date Q) vner acqullcs_ tee simple title until paid in full. Following the full payment to Owner of the Owner Rebate, the Town shall receive all Confluence RETT thereafter collected. 5.2 Gondola Operations. Pursuant to a separate joint operating agreement between the Town and the District, the Town shall make annual payments to the District for Gondola operations and maintenance costs pursuant to the terms and amounts as set forth in paragraphs 5.2 (a) and (b) below. (a) Initial payment shall be due no later than November 1 of the first year that operations of the Gondola are anticipated to begin and the Westin Hotel has received a temporary certificate of occupancy (TCO) from the Town. (b) Such initial payment shall be in an amount up to fifty percent (50 %) of the District's Gondola operating and maintenance budget, but shall not exceed $240,000 in 2005 dollars. Future not -to- exceed amounts shall be increased or decreased by the percentage change from the prior year average consumer price index for All Urban Consumers for the Denver - Boulder- Greeley metropolitan areas as published semi - annually and appearing in the January and July issues of the CPI Detailed Report published by the Bureau of Labor Statistics. 12 Deleted: 1 1i (a) T - Deleted The first $1,500,000 received of Confluence RETT may be reserved for use by the Town in its sole and absolute discretion for capital improvements within the Town including, but not limited to, construction of a separated grade railroad crossing in the event either or both at -grade railroad crossings are ordered closed by the PUC.¶ �1I (b) Thereafter, Deleted. simpler — —_ { Deleted June]. 2006 (c) The Town agrees to execute an operational agreement or agreements with the District and other political subdivisions, to the extent the District determines such is required under Section 32 -1- 1004(5), C.R.S., in order to permit the District to establish and operate the Gondola, and to cooperate with and assist the District in obtaining the execution of such intergovernmental agreement by other political subdivisions, as contemplated therein. 5.3 Public Plaza and Restrooms. Owner or the District shall retain ownership of the Public Plaza and Public Restrooms. The public shall enjoy a perpetual easement of use and enjoyment of the Public Plaza and Public Restrooms, subject to the reasonable regulations of Owner or the District, as applicableacc ta)?le_tcl_ the Town. Pursuant to a separate joint operating agreement between the Town and the District, the Town shall make annual payments to the District for Public Plaza and Restroom operations and maintenance costs pursuant to the terms and amounts as set forth in paragraphs 5.3 (a) and (b) below. (a) Initial payment shall be due no later than November 1 of the first year that operations of the Gondola are anticipated to begin and the Westin Hotel has received a temporary certificate of occupancy (TCO) from the Town. (b) Such initial payment shall be in an amount up to fifty percent (50 %) of the District's Public Plaza and Restroom operating and maintenance budget, but shall not exceed $40,000 in 2005. dollars. Future amounts shall be increased or decreased by the percentage change from the prior year average consumer price index for All Urban Consumers for the Denver - Boulder - Greeley metropolitan areas as published semi - annually and appearing in the January and July issues of the CPI Detailed Report published by the Bureau of Labor Statistics. 5.4 Reduction in Pa menu. The not -to- exceed annual payments for Gondola operations and maintenance, as identified in Section 5.1(b) above, and the not -to- exceed annual payment for Public Plaza and Restroom operations and maintenance, as identified in Section 53(b), both as adjusted for inflation, shall be decreased pro - ratably, on a dollar for dollar basis, to reflect additional property tax revenues received due to inclusions of new property into the District, through additional entities by agreement or otherwise, contributing monies toward operations and maintenance of the Gondola and the Public Plaza and Restrooms, or Subsequent to the effective date of this Agreement, through new development occurring on Lot B or within the Mountain Vista Metropolitan District. The reduction shall be calculated based on the sum total of the amounts arrived at in 5.4(a), (b), (c), and (d) below. (a) Operating mill levy for the District multiplied by the assessed valuation for the year being levied for each included property not within the District as of the date of this .Agreement. (b) Operating mill levy for the District multiplied by the assessed valuation of any new development that has occurred on Lot B subsequent to the date of this agreement. (c) Any amounts received or otherwise due to be received by the District pursuant to any new agreements entered into subsequent to the date of this Agreement supporting Gondola operations and maintenance costs and/or the Public Plaza and Restrooms operations and maintenance costs. 13 Deleted: To the extent the District is unable to obtain the execution of any such intergovernmental at,Teement by the Beaver Creek Metropolitan District (whose execution may be required because the proposed terminus (the "Terminus Site ") of the Gondola is located on property within the boundaries of the Beaver Creek Metropolitan District), the Town agrees to cooperate with and assist the Owner at the sole expense of Owner in annexing the Terminus Site to the Town, and thereafter excluding the Terminus Site from the boundaries of the Beaver Creek Metropolitan District as provided for in Section 32 -1 -502. C.R.S. (d) Any additional amounts of operating revnues received from Mountain Vista Metropolitan District pursuant to additional development occurring within Mountain Vista Metropolitan District subsequent to the date of this Agreement. 5.5 No Debt or Pecuniary Liability; No Multiple- Fiscal Year Obligation. All payments hereunder and any other financial obligation of the Town herein in any year shall be expressly subject to annual appropriation by the Town; provided, however, that it is the present expectation of the parties that the Town will make the payments contemplated by this Agreement. This Agreement shall never constitute a debt, indebtedness or multiple -fiscal year financial obligation of the Town within the meaning of the Constitution or laws of the State of Colorado. If, based upon an opinion of independent counsel not previously or at the time such opinion is delivered representing the District and acceptable to the Town, it is determined that the activities under this Agreement shall be determined an "enterprise" of the Town for purposes of Article X, Section 20 of the Colorado Constitution, or that transactions of a nature similar to the transactions provided for in this Agreement are not required under the laws of the State of Colorado to be subject to annual appropriation without regard to approval of any such transactions by the electors of the Town, this Agreement shall be reformed so as to delete the annual appropriation provision found in this Agreement and establish the annual payments by the Town required hereunder as binding obligations of the Town. - -_.... PUblic_ Impure en)ent Fees. (a) ._._...__Within _15_dw s of the Owner's .acggirilt_g fee simple . title to the Confluence. the t>vuner�kiII r ca rd s co�cnant {',P1F C "o�enant "? runnfn7 ttith the land, requiring the collection of a pUblii_frllol- O_ernent. fee ("PIF") on all vales of real estate occurring within the Confluence. Such h PIF _shall, be at the same rate and apply to the same transactions as the existing Tov n c ,go ad under Cha ter 3.12 of the Munici pal Code, and shall be payable at the same time and etas :_tile s )roc exemptions and condition_s_as the RETT. Such PIF shall be collected upcn written_ notice to tltc `l'cn in and the Owner frown they District that the Totkn has breached this A <areenient under section -1'.1 or the Town's paynient obli <s�tion5.._under this Article V_.have been determined 1) a oust to be invalid any period of time dU97nLY which the PIF is being collected shall be f6 -red to herein as a "PIF Collection Period...._t Each such PIF Collection Period shall continue id and unless the District .gives written notice to the Town and the Owner that the event that coninienced such Period has been corrected. Formatted: Font: Not Bold Formatted: Font Not Bold ............ Formatted. Font Not Bold Formatted. Pont Not Bold (b) Dtlrinn each P1F Collection Periad, PIF revenue shall be collected by the Tistrict or by .a collectint7 aunt PIF Collectioa A -ent` _ __ ��a --- ---red by the District. Any, amounts -- -- > - I -- l Formatted: Not Bola �c� ertue oilcc cd in excess of the amounts payable by the Town under this Article V annually, of in the ae�gregatc shall be paid to the Town by the District within 10 business days of receipt.- (c __ In consideration of the Owner's agreement to undertake develo rep Zerrt oi' the Confluence truence and provide tile Linear Park -end.im;po5c_thc 1311 on taxable transactions pur�u.tnt to 1)11 t c>lcnint. and in further consideration of the District's a <areyemeni to finance the deli n red 'Construction of and operate, the Gondola. the Public Plaza and _Restrooms_and othe��.p<Iblic ........... 1t(n<)iEnlentS_ n The COnflttence_ the I_own will �_Yrarn a R, T 1_ c re it_k_PIF Credit" to purchasers Formatted: Font: Not Bold zt u ansterees of teal es €ate who arc. subiect_to an(] actually oavth PIF to the PI C ollectinL, __ _._.... ..__ <7c -nt during the PIF Period in accordance with the terms and conditions of this 14 Ign-eement, lit order to int lenient the Town`s obligation under this Agreement with res ect to the l'I_ Credit. 1c>in C01I.1361 ..�_�'ill _prc�tie_ to orelinanci gill ndint its Nlunieit�al__Code provisions r <= gardrrig the RFTT within I S days of the C)vvner's ac uiring fee sim rle title to the I witlu jlcc 'to oloFide for and i r rnent tl>r R "�.I_ C redit sat stantzally as_follotiys: Suring l Plf C ille ucri_Period eachersaii or eiztnv c�th�rwise Kahle to theCavm_for �I1' "I' under thIunreipal C ode ti•�rth re5�zct to taxable transactions occurring within the Confluence will e ,;_. i lZl (._3` C edit against such1 I "1' a17hatif�i in rn Vin- -ount egpal to the anlcrttnt cf the i'll Re�eiiue�s collected and received by the P1F Collectin< Agent. Such RFTT Credit will be ttic a is #__ 331 tell cffe.ut rmmedlatel _upoir the appli iblc to a ea's . 5 rc_flecte,d on the �f :yer n = =3dic tas rcRorts to the Tolvn remittance to and receitat by the PIF Collecting 'cr =t qt fire llr revenue � p ovrdcd ho�vc,vcr drat the trar�srctians <lndamcnts sttpport•intl I l'll t= Credit 1 1`0 r aid err naaiad tirll nevertheless be subyect to >tldit by the locvit to the sarnc _ — �__.� __. tent the sam limitation pciiods_ and in the Same: manner as thi items which are required to _ _ _ t �nc>i to °d kill to t1,xli I_ fir. _r turn te lat��gto tide peizad..in which the transaction occurs. _. WA If t'ir<irici1 fails to adopt [lie ordinance contemplated in this subsection 5.6 {c Own er will be uitl dl in its sole discretion either to: fi} declare the failure of a condition precedent armed terminate this Agreement: or (ii? ext� °nd the period lor satisfaction of the foregoing contingency #u a t.ate �ital.l s t forth in a written notice of extcnsiarlr 'lot to exceed 60 days from the date of the extension notice. — - _ cr) _ ._ t tile ,_tc ..irk © cPiCrleco r ... Period. if there are PIF revenues _emaiuintr on deposit with the District. the District shall rernit all remaining PIF revenues to the l } t ii Upon reasonable notice . to the District.._the Tov�n will have the r�:l�t at its own cglearse_tc the Districts books and records_ and the District will have the right at its own ex ease to atr l.. the f o v;tl s bcftrks_antl records i_c2aie tt�_tiicar restrc tip e_gbiLgatiOnS under this Ali anent_ -- {e} The Town and the District intend that their res ective obligations under this ,Ag,eeinerrt ire sttelr that then do not constitute an invalid Multiple fiscal year obligation �tarsuant to or otherwise be prohibited by Article X Section �0 of Che Colorado Constitrrtian s amended _ -Cii t rnr c to ,tl;rn s _as_tc� l lccluc'e_ka<rfc > rtnanee of th it _rc,p ctit�e_ol >li atic>ns under this �L,rccnient or _make such perftairnaricb_s�ibjGct tc� annual ap�rclpri<ition. io the extent that q rpl,Mle, Cation _ol this ree;nle'rt thrc3 i h the__I'13 C ie lit is deternli,r eci_%�.a court t>9'cc tent Jurisdiction to on a r ...... _ ,. , s.Y__e sccl _cif' =s wie X, Section 20 of tale { °olorado Constitution So as to Preclude performance of their obligations _mdc this Agreement or make such IrclfOrinance subject to annual ggggit__ r. he [ >arties vv�ill inaodfaitlr seek to reform this Agreement in a manner that trill 3 ci3 intent. It _a party' cit�rmane cif its blrgatioii5 is subject to rnnual gnat ti rrtv's official of ernnlavee chars d with the esponsrbdity oAformulating the sa3s_ s5 itercbv directed .tcl. i rclta e ii1,_the huci et ro i>5ais fc r each nearsufficient -- the party "�_abii <�ations _ €,ie cicr this A< reeai�enr, - _ _ -- I - Ia be dlbCi_SSCd:_ District to hold election tn_COt�rn3�t tCt_Il�lll___Y ar_obli gation t {) 013eraic" — Formatted: Space After 12 pt -- Deleted: 4,1 — 5 Books and Records. The Town, the District and any Association shall maintain i Deleted 6 adequate books and records to accurately perform and account for their respective obli ati o q y p -- - -- - -- — p g ons 15 under this Agreement. Representatives thereof shall be granted reasonable access during normal business hours to such books and records in order to determine compliance with the terms of this Agreement or the accuracy of such books and records. Best efforts shall be used to resolve any issues, discrepancies, or inaccuracies discovered in any review of any entity's books and records. .... 5. Legal Challenge to Agreement. In the event any agreement contained herein is Deleted. 7 _ _.. ever the subject of a successful legal challenge, the Town shall diligently resist such challenges in cooperation with the Owner and the District as set forth in Section 2.4 above. ARTICLE VI SPECIAL DISTRICTS The i'artie, agree; to take all reasonable action necessary to approve any necessary amendment to the service plan for the District to conform to the financial provisions of this Agreement and to permit the District to carry out any obligations of the Owner delegated to it 1 LI Uant to the amended service plan.,,.--The Town also agrees to permit the Owner to form qualifying non -profit corporations to undertake obligations of the Owner delegated to them with the consent of the Town, which consent may be withheld by the Town in its sole and absolute discretion. ARTICLE VII DEFAULTS, REMEDIES, AND TERMINATION 7.1 Default by Town. A "breach" or "default" by the Town under this Agreement shall be defined as any of the following, after the applicable cure period described below: (a) any zoning, land use or other action or inaction, direct, indirect or pursuant to an initiated measure, taken without Owner's consent, that materially alters, impairs, prevents, diminishes, imposes a moratorium on development, delays or otherwise materially and adversely affects any development, use or other rights of Owner under this Agreement, the PUD Development Plan or the Development Standards; or (b) the Town's failure to fulfill or perform any material obligation of the Town contained in this Agreement, including, without limitation, the timely payment of any monetary obligation hereunder. 7.2 Default by Owner. A "breach" or "default" by Owner shall be defined as Owner's failure to fulfill or perform any material obligation of Owner contained in this Agreement following the applicable cure period described below or Owner's failure to fulfill or perform any material obligation of Owner contained in any other agreement between the Town and Owner following any applicable cure period contained in that agreement. 7.3 Notices of Default. In the event of a default by either party under this Agreement, the non- defaulting party shall deliver written notice to the defaulting party of such default, at the address specified in Section 8.8, and the defaulting party shall have five (5) days for monetary 16 ( Deleted: Town __ ........ - { Deleted: s ___ .... .... _....... Deleted: and Deleted: and/or obligations and thirty (30) days for non - monetary obligations from and after receipt of such notice to cure such default. With respect to non - monetary obligations, if such default is not of a type which can be cured within such thirty (30) day period and the defaulting party gives written notice to the non - defaulting party within such thirty (30) day period that it is actively and diligently pursuing such cure, the defaulting party shall have a reasonable period of time given the nature of the default following the end of such thirty (30) day period to cure such default, provided that such defaulting party is at all times within such additional time period actively and diligently pursuing such cure. 7.4 Remedies. (a) If any default under this Agreement is not cured as described above, the non - defaulting party shall have the right to enforce the defaulting party's obligations hereunder by an action for any equitable remedy, including injunction and/or specific performance, and/or an action to recover damages. Each remedy provided for in this Agreement is cumulative and is in addition to every other remedy provided for in this Agreement or otherwise existing at law, in equity or by statute. In the event of a breach or default by the Owner, the Town may impose a moratorium on zoning or subdivision approvals or withhold issuance of any building permit for property located within the Confluence. (b) The Town acknowledges that since this Agreement and the Development Standards constitute a development agreement which confers rights beyond those provided by the three (3) year statutory vesting approach described in the Vested Property Rights Statute, in the event of a breach or default by the Town, in addition to any of the foregoing remedies, Owner shall be entitled to recover from the Town any damages that should have been specifically available to Owner as contemplated in Colorado Revised Statutes Section 24-68 - 105(1)(c) as in effect on the Effective Date, plus any other and additional damages provable at law. 7.5 Arbitration. Any controversy or claim arising out of or relating to this Agreement, including, without limitation, any breach or interpretation hereof, shall be settled by binding arbitration in Eagle County, Colorado, in accordance with the Uniform Arbitration Act, § 13 -22 -201, C.R.S., et seq. The parties shall each appoint one arbitrator and attempt to select a third arbitrator agreeable to all, but if they are unable to do so within twenty (20) days after a request for arbitration, then such arbitrator may be appointed by any judge of a competent state court having jurisdiction in Eagle County, Colorado, upon application of any party. The arbitrator jointly selected by the parties or appointed by the court must be an attorney who has substantial experience in real estate development. Any such arbitration panel shall have the power to grant any relief, including equitable relief as just and appropriate. Any award in such arbitration shall have the effect of a judgment and may be entered in any court having jurisdiction thereof. Each party shall bear its own costs of arbitration. M ARTICLE VIII MISCELLANEOUS 8] Applicable Law. Agreement shall hc construed and enforced iu accordance with the laws nfthe State ofColorado. 82 No Joint Venture or Partnership. No forrn of joint venture or partnership exists "`.°"".^ the Town and vvmcc and nothing contained io this Agreement shall he construed ca making Town and Dwocrjoint venturers n,partners. 8.3 Expenses. Except us otherwise provided iooseparate written agreement, Owner and the Town shall each bear their respective costs and cxpcnaca associated with implementing and enforcing the terms of this Agreement. 8.4 Waiver. Nn waiver of one or more uf the terms of this Agreement shall constitute a waiver of other terms. No waiver of any provision of this Agreement in any instance ohuO constitute o waiver of such provision io other instances. 8.5 feverabilb1y. |f any term, provision, covenant n/ condition nf this Agreement io held hyu court nf competent jurisdiction to be invalid, void orunenforceable, the remaining provisions of this Agreement shall continue io full force and effect. 8.6 Further Assurances. Each party ohu|| execute and deliver to the other all such other further instruments and documents as may be reunoou6|y necessary to carry out this Agreement in order to provide and secure to the other party the fo\| and complete enjoyment of its rights and privileges under this Agreement. 8.7 Notices. Any notice or communication required or permitted under the ten/a of this Agreement ahu|| be in writing, may be given hy the puuicy 6orn1n or such paAinx' respective |cgu| counsel, and shall be deemed given and received (i)vhco hand delivered to the intended recipient(s), by whatever means; (ii) three (3) business days after the uumu is deposited in the United States mails, with adequate postage prepaid, and sent hyregistered or certified mail, with return receipt requested; (iii) one (1) business day after the sumo is deposited with an overnight courier service ofnational reputation having a delivery area encompassing the address nfthe intended recipient, with the delivery charges prepaid; nr(iv) when received via facsimile on the intended recipient's facsimile facilities uooexood by the applicable telephone number set forth below (provided such facsimile delivery and receipt hcoofiooedoo the facsimile facilities ofthe noticing party). Any notice under clause (i), (ii) or (iii) above shall be delivered or mailed, as the case may be, {o the appropriate address set forth below: |f/oTown: Town ofAvon P.O. Box 975 &vno. Colorado 81620 Attention: Town Manager Telephone: 970-748-4005 Facsimile: 970'748'4078 18 And: John W. Dunn, Esq. P.O Box 7717 Avon, Colorado 81620 Telephone: 970 -748 -6400 Facsimile: 970- 748 -8881 If to Owner: East West Partners, Inc. c/o Chuck Madison P.O. Drawer 2770 100 E. Thomas Place Avon, Colorado 81620 Facsimile: (970) 845 -7205 And: Wear, Travers & Perkins, P.C. 1000 South Frontage Road West Suite 200 Vail, Colorado 81657 Attention: Richard D. Travers, Esq. Telephone: (970) 476 -7646 Facsimile: (970) 476 -7118 Each party may change its addresses and/or fax numbers for notices pursuant to a written notice which is given in accordance with the terms hereof. As used herein, the term "business day" shall mean any day other than a Saturday, a Sunday, or a legal holiday for which U.S. mail service is not provided. Whenever any date or the expiration of any period specified under this Agreement falls on a day other than a business day, then such date or period shall be deemed extended to the next succeeding business day thereafter. 8.8 Assignment. This Agreement shall be binding upon and except as otherwise provided in this Agreement, shall inure to the benefit of the successors in interest or the legal representatives of the parties hereto; provided, the rights of Owner pursuant to Article V._to —the ei l x01 IZl :a'_l ,ewer ues, shall be personal to Owner, shall not run with the land and shall not benefit Owner's successors in title. Owner shall have the unilateral right and power to assign, delegate or transfer all or any portion of its interests, rights or obligations under this Agreement (a) to the District and (b) to an entity or entities formed for the purpose of developing the Confluence which are managed by an affiliate of Owner and comprised of affiliates of Owner and other investment member(s), Further, Owner shall have the right to assign, delegate or transfer all or any portion of its interests, rights or obligations under this Agreement to third parties acquiring an interest or estate in the Confluence, including, but not limited to, purchasers or long term ground lessees of individual lots, parcels, or of any improvements now or hereafter located within the Confluence; provided, however, that the third party assignee fully assumes in writing all obligations of Owner assigned to such party and the Town consents in writing to such third party assignment, which 19 consent will not be unreasonably withheld or delayed in the event that Owner has reasonably demonstrated that the third party assignee has the financial capability to perform the obligations under this Agreement so assigned. Provided, any assumption or transfers by or to the District providing for the express assumption of any of Owner's obligations under this Agreement by tlf�_ 12is icy as permitted herein shall not relieve or release Owner of and from any further obligations Deleted its assignee or transferee i under this Agreement with respect to the matter so assumed. Provided, further, that any contract for purchase and sale entered into with the purchaser of an individual lot or unit shall be conditioned upon its not being assignable for full consideration prior to closing xe ec t u aon llcc to th _.;1 own and .payment of the _Mrx>unt_01' R T .1—due, Lwon both the first and second t losing. _The Town's obligations hereunder may not be assigned or delegated without Owner's written consent, and any attempted assignment or delegation by the Town not in compliance herewith shall be null and void. Nothing in this Section shall be deemed to limit or in any way restrict the sale or other conveyance of property within the Confluence. 8.9 Counterparts. This Agreement shall be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. 8.10 Amendments Waivers and Consents. No amendment or waiver of any provision of this Agreement, nor consent to any departure herefrom, shall in any event be effective unless the same shall be in writing and signed by the parties hereto, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Any consent required under this Agreement by a party will not be unreasonably withheld or delayed by such party. 8.11 Effect. This Agreement contains all obligations of the Owner with respect to the development of the Confluence and fully replaces the 1998 Agreement as it relates to the Confluence. The 1998 Agreement shall continue to control the obligations of the owners of the properties defined therein as Tract B and Tract C. No failure of the owners of Tract B or Tract C to comply with the requirements of or satisfy the obligations of the 1998 Agreement shall affect the development of the Confluence pursuant to the terms of this Agreement and the owner of the Confluence or the District shall have no responsibility to comply with the requirements of or satisfy the obligations in the 1998 Agreement except as amended and restated in this Agreement. Further, no failure of the owners of the Confluence to comply with the requirements of or satisfy the obligations of this Agreement shall affect the development of Tract B or Tract C. IN WITNESS WHEREOF, Owner and the Town have executed this Agreement as of the date first written above. TOWN: TOWN OF AVON, a municipal corporation of the State of Colorado 20 Ronald C. Wolfe, Mayor ATTEST Patty MckLcnny. Town Clerk STATE OfCOLORADO ) )uo. COUNTY OF______) Subscribed before me this ____ day of 1 2006 by Ronald C. Wolfe as Mayor of Town of Avon, Colorado and Patty McKenny as Town Clerk of Avon. My commission expires: ATTEST STATE OFCOLORADO ) )sa. COUNTY OP��__) Notary Public EAST WEST PARTNERS, INC. a Colorado corporation By: 21 Inc. Subscribed before me this day of as My commission expires: Notary Public NN 1 2006, by of East West Partners, DALTON DRAFT FACILITIES OPERATION AGREEMENT THIS FACILITIES (]P6B}\Tl{)N AGREEMENT (ddo "Agreement") is entered into as of the day of 1 2006 by and between CONFLUENCE METROPOLITAN DISTRICT (the 'yCWT}), u quasi-municipal and u poUdud subdivision of the State of Colorado (the "State"), and the 1[O1" OF AVON (the ',Tilwn'1, umunicipal corporation and apolitical subdivision of the State. CMD and the Town are sometimes herein referred to collectively bczcbn as the "Parties." RECITALS WHEREAS, [MU)was organized as special district under the Special District Act, Section 32- l - 101 e/xm7, C.D.B, for the purposes of providing nu6|io infrastructure and services within and without its boundaries and the boundaries of the Avon Station Metropolitan District (together, CMD and the Avon Metropolitan District are referred to herein aathe "Districts") ; WHEREAS, the property within the Districts lies wholly within the boundaries u[the Town, in the County nf Eagle, Colorado; WHEREAS, the terms o[ that certain Consolidated Service Plan for CMD' approved by the Town on September 22, 1998. as amended from time kz time (tbu "Service Plan"), contemplates and authorizes the financing by the Districts, and the construction, operation, maintenance and management by CMD of certain public improvements, including without limitation the construction, operation and maintenance of (o) ugondolu from uparcel of real property which has been annexed to the Town, aa more particularly described in Exhibit /\ attached bcxcto (the "Confluence"), to the area commonly known as the Tamca8]euvcrCreek Landing commercial hub with u znioi000cu capacity of 1,200 people per hour (the Gondola"), and (b) u public plaza and related public reob000na (the "Public Plaza and Public Rcatr000ns'')' in each case, in u000rduuoe with and as further described in an Amended and 8eatu1cd Dovc\opnneo1 Agreement (the "Development /1grcecocu1`1 entered into by and bcip/rcu the 1b`mn and East West Partners, Inc., a Colorado Corporation, and dated , 2006, and the plJD Development Plan (the "Development p|au") recorded u1 Reception No. in the Office ofthe Clerk and Recorder of Eagle County, Colorado (collectively, the "Designated '`); NOV, THEREFORE, in consideration of the obligations and undertakings set forth below, and for other good and valuable consideration, the receipt and sufficiency ofwhich ia hereby acknowledged, the Parties agree uu fbUovva: I . Construction of Designated Public Improvements — Condition Precedent. The Parties acknowledge and agree that terms and conditions, and the rights and obligations set forth herein shall not be effective unless and until the Commencement Condition has been satisfied as defined and described in Gondola Operations. CMD shall retain ownership of the Gondola. A. The public shall enjoy perpetual easement o[ use and enjoyment of the Gondola, subject to the reasonable regulations CMD. During the tunnofthis Agreement, no fee or other charge for use of the Gondola shall be assessed by CMD or any party managing the Gondola on behalf of CMD. CMD shall not gbose �restnictor 1,imit the �Qondlolato �ublic � � -heduled maintenance or if use witho the continued omration of the Gondola would in the reasonab rd to the pub MD shall either reopen the Gondola to that the Gondola may, in the reasonable ludgment of OMP, be safe B CMD shall be responsible for the onerubmo and maintenance of the Gondola, although the Town acknowledges and accepts that the Gondola may also he governed hya management agreement pursuant to p/bioh The Vail Corporation shall manage and operate the (]oodn|u on behalf of CMD and obu}l be granted certain discretion with respect to same. In either case, the hours of operation shall beun agreed upon by CMD and the Town from time to time, but uu|eaa otherwise oArood shall be not \eaa than a.m. to __ p.m. from Novumber__ to Anil __, and __ am. to __pm. at all other times, and the Gondola abul| be operated, maintained and used io u ourcfb), safe, and proper manner and au as to comply with the applicable 1avvo, ordinances, rules, and regulations of any governmental authority, department, agency, board, or body, now in force or hereafter to become effective. C. In 000midocudoo of the performance byCMD of its obligations under this Paragraph 2. subject 10 the "Commencement Condition" defined below io Paragraph 4=�.the Town shall make annual payments in an amount equal up to fifty percent (50%) ofCMD`o operating and nouiu1cuaooe budget for the Gondola, not to exceed $240,000' due annually on or before November l in each year during rvhiob this Agreement is in effect, which amount shall be increased or decreased annually equal to the etimulative -percentage from the prior yeoz average consumer price index for All LTr6uu Consumers for the Denver-Boulder-Greeley metropolitan areas as published semi-annually and appearing in the January and July issues of the CPI Detailed Report published by the Bureau of Labor Statistics. 3. Public Plaza and Public Restrooms. CMl] shall o{ubz opmzcrmbip of the Public Plaza and yob}ioBcatr0000a. A. The public shall enjoy u perpetual easement ofuse and enjoyment of the Public Plaza and Public Kcs000mm` subject to the reasonable regulations LMD, During the term of this Agreement, no tee or other charge for use of the Public Plaza and Public {lca1roocoa shall be uaaeaaud by CMI). CMD shall not close or restrict or limit the Public Plaza and Public Restrooms to public use —whether for the conduct of public or private events or otherwise -without the rmor_written authorization of the Town except for regularly scheduled maintenance or if the continued would, in the reasonable Judgment constitute a hazard to thgpMb==1i=c=. _Inan �event_of cl sure, restriction or limitation _CMD shall either reoaen the Public Plaza and Public Restrooms t IS own or at thegarliest time that the Public Plaza and Public Restrooms may, in the reasonable judgment of CMD be used sz ely. B. CMD ybuD be responsible for the operation and maintenance of the Public Plaza and yuh)icRcatroomo. The hours of operation shall beas agreed upon hvCMD and the Town from time to time, but uu|eea otherwise agreed shall be not less than — a.m. to — p.m. fiem November- — to April facilities. and _ a.m. to a. at all other- timasthe hours of operation for other similganly sittiWed Town- owned pub ic restroom The Public Plaza and Public Bcsknozom shall be operated, maintained and used in o careful, yubz, ouobury and proper manner and so as to comply with the applicable \uwa, ordinances, rolca` and regulations of any governmental authority, deparbncut, agency, board, or body, now in tbccm or hereafter tobecome effective. Maintenance of the Public Plaza shall include. but not be limited to ke the same free from snow ebris other hazards to the travelinLy Dublic. C� In consideration of the performance by CM[) of its obligations under this Paragraph 3` subject to "Commencement Condition" defined below in Paragraph ��the Town shall make annual payments in an amount eq+ra-1 -up to fifty percent (50 %) of CMD's operating and maintenance budget for the Public Plaza and Restrooms, not to exceed $40,000, due annually on or before November 1 in each year during which this Agreement is in effect, which amount shall be increased or decreased annually equal to the cumulative percentage ehang -schan a from the prior year average consumer price index for All Urban Consumers for the Denver - Boulder- Greeley metropolitan areas as published semi- annually and appearing in the January and July issues of the CPI Detailed Report published by the Bureau of Labor Statistics. D. CMD and the Town shall cooperate iointly in the use of the Public Plaza and Public Restrooms throughout the year and the Town shall have the right to make reasonable use of the Public Plaza and Public Restrooms for the conduct of public events art shows craft fairs concerts and other uses. 4. Reduction in Payments. The not -to- exceed annual payments for Gondola operations and maintenance as identified in Paragraph 2 C above and the not -to- exceed annual payment for Public Plaza and R_estroom operations_ and maintenance as identified in Paragraph C. both as adiusted for inflation. shall be decreased }zro- ratablx on a dollar for dollar basis to reflect additional nropert tax revenues received due to inclusions of new roperty into the District through additional entities by agreement or otherwise, contributin monies toward operations and maintenance of the Gondola and the Public Plaza and Restrooms or Subsequent to the effective date of this Agreement through new development occurrinon Lot B or within the Mountain Vista Metropolitan District The reduction shall be calculated based on the sum total of the amounts arrived at in Para aph 4 A B C and D below. A. _Operating mill lev�for the District multiplied by the assessed valuation for the mar being levied for each include r ert_ not within the District as of the date oft'" Agreement. B. Operating mill_levv for the District multiplied by the assessed valuation of any new development that has occurred on Lot B subseauent to the date of this agreement. Any amounts received or otherwise due to be received b tne District pursuant to any new agreements entered into subseauent to the date of this Agreement supporting Gondola operations and Maintenance costs and /or the Public Plaza and Restrooms operations and maintenance costs D. :ional amounts of operating revnues received from Mountain Vista Metropolitan District�ursuant to additional development occurrin within Mountain Vista Metropolitan District subseauent to the date of this Agreement. 45, Commencement Condition. The obligation of the Town to commence payment of the amounts described in Paragraphs 2.C., and 3.B., above shall commence upon the later of (a) November 1, 2007 or (b) November I of the year in which (1) the operations of the Gondola and Public Plaza and Public Restrooms start and (ii) a_temporary certificate of occupancy is issued by the Town for the Westin (or comparable) Hotel that is required to be constructed and operated under the Development Agreement. 5-6_ Budgeting Procedures. No later than Septe nbefAu =must -I31 of each year in which the Town is obligated to make payments under Paragraphs 2.C., and 2.B., above, CMD will develop a good faith, detailed;plan for operations and estimated budget for the anticipated operating and maintenance expenses with respect to the Designated Public Improvements as described above for the coming operating year (November 1 — October 31) and provide such plan and budget to the Town, together with a reconciliation and budget comparison of the operations and maintenance expenses for the immediately preceding operating year. The Town will have the right to review and comment on such berating plan and budget. During the thirty (30) day period following such delivery of the plan and budget, the Town and CMD will work together and use their best efforts to agree upon a plan and budget. Until a mutually agreed upon good faith plan and budget has been developed, CMD shall continue to operate and maintain the Designated Public Improvements and the Town shall continue to pay its percentage of such costs in accordance with the previously approved budget, adjusted as described in Paragraphs 2.0 -arfd3 3.C, and 4. above, until a new budget is agreed upon. In the event CMD determines that the approved lap n and budget is insufficient to sustain the required standard of operation and maintenance required hereunder, CMD shall notify the Town of the same, and the Town and CMD shall work together and use their best efforts to agree upon a revised or restated plan and budget. 6-.7_ No Debt or Pecuniary Liability No Multiple - Fiscal Year Obligation. All payments hereunder and any other financial obligation of the Town herein in any year shall be expressly subject to annual appropriation by the Town; provided, however, that it is the present expectation of the parties that the Town will make the payments contemplated by this Agreement. This Agreement shall never constitute a debt, indebtedness or multiple -fiscal year financial obligation of the Town within the meaning of the Constitution or laws of the State of Colorado. If, based upon an opinion of independent counsel not previously or at the time such opinion is delivered representing CMD and acceptable to the Town, it is determined that the activities under this Agreement shall be determined an "enterprise" of the Town for purposes of Article X, Section 20 of the Colorado Constitution, or that transactions of a nature similar to the transactions provided for in this Agreement are not required under the laws of the State to be subject to annual appropriation without regard to approval of any such transactions by the electors of the Town, this Agreement shall be reformed so as to delete the annual appropriation provision found in this Agreement and establish the annual payments by the Town required hereunder as binding obligations of the Town. -7-.8. Books and Records. The Parties shall maintain adequate books and records to accurately perform and account for their respective obligations under this Agreement. Representatives thereof shall be granted reasonable access during normal business hours to such books and records in order to determine compliance with the terms of this Agreement or the accuracy of such books and records. Reasonable best efforts shall be used to resolve any issues, discrepancies, or inaccuracies discovered in any review of any entity's books and records. &.9. Legal Challenge to Agreement. In the event any agreement contained herein is ever the subject of a legal challenge, the Town shall diligently resist such challenges in cooperation with the CMD as set forth in Section X14. 9-.10= Default by Town. A "breach" or "default" by the Town under this Agreement shall be defined as the Town's failure to fulfill or perform any material obligation of the Town contained in this Agreement, including, without limitation, the timely payment of any monetary obligation hereunder, in each case, after the applicable cure period described below; provided that the failure on the part of the Town to make any annual appropriation described hereunder shall not be an event of default and CMD shall hold the Town harmless for any loss claim expense or liability incurred by CMD as a result of such nonaropriation on the hart of the Town and to the extent allowed by law shall indemnify and defend the Town against any and all claims suits expense or liabilties or obligations on the part of CMD to others arising as a result of sueh nonapnro ration. 44;11, Default by CMD. A "breach" or "default" by CMD shall be defined as CMD's failure to fulfill or perform any material obligation of CMD contained in this Agreement following the applicable cure period described below. -1 112. Notices of Default. In the event of a default by either party under this Agreement, the non - defaulting party shall deliver written notice to the defaulting party of such default, at the address specified in Section 4-8-, 1.9, and the defaulting party shall have five (5) days for monetary obligations and thirty (30) days for non - monetary obligations from and after receipt of such notice to cure such default. With respect to non - monetary obligations, if such default is not of a type which can be cured within such thirty (30) day period and the defaulting party gives written notice to the non - defaulting party within such thirty (30) day period that it is actively and diligently pursuing such cure, the defaulting party shall have a reasonable period of time given the nature of the default following the end of such thirty (30) day period to cure such default, provided that such defaulting party is at all times within such additional time period actively and diligently pursuing such cure. 4-2-.13. Remedies. If any default under this Agreement is not cured as described above, the non - defaulting party shall have the right to enforce the defaulting party's obligations hereunder by an action for any equitable remedy, including injunction and/or specific performance, and/or an action to recover damages. Each remedy provided for in this Agreement is cumulative and is in addition to every other remedy provided for in this Agreement or otherwise existing at law, in equity or by statute. 4-3,714. Cooperation in Defending Legal Challenges. If any legal or equitable action or other proceeding is commenced by a third party challenging the validity of any provision of this Agreement, the Parties agree to cooperate in defending such action or proceeding and to bear their own expenses in connection therewith. Unless the Parties otherwise agree, each party shall select and pay its own legal counsel to represent it in connection with such action or proceeding. 4-4:15. Term. This Agreement shall be effective upon execution hereof by the parties and shall represent the valid, binding and legally enforceable obligation of the parties hereto until this Agreement is terminated by mutual written agreement of the parties; provided that nothing herein shall affect the rights of the Town under Colorado law to initiate or pursue dissolution of the District. 4-5-16. No Relationship /Insurance. This Agreement does not and shall not be construed as creating a joint venture, partnership, or employer - employee relationship between the Parties. It is agreed that the conduct and control of the operation and maintenance of the Designated Public Improvements, and the other various functions enumerated herein and authorized by this Agreement shall lie solely with CMD. During the term of this Agreement, CMD shall carry and maintain at CMD's expense, liability insurance that covers any and all injury to any person or property on or in the gondola and the public plaza and restroom facilities, no matter how occasioned, in an amount not less than $1,000,000.00. CMD shall provide a certificate of insurance to the Town which states that such insurance policies name the Town as an additional insured and that they shall not be cancelled by either CMD or such insurance companies without thirty (30) days advance written notice to the Town. All policies shall be kept in force at all times during the terms of this Agreement. 4-6-.17. Persons Interested Herein. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon, or to give to, any person other than the Parties hereto, any right, remedy, or claim under or by reason of this Agreement or any covenants, terms, conditions, or provisions thereof, and all of the covenants, terms, conditions, and provisions in this Agreement by and on behalf of the Parties shall be for the sole and exclusive benefit of the Parties. 4-7--.18. Compliance with Law. CMD agrees to comply with all federal, state and local laws, rules and regulations which are now, or in the future may become applicable to the design, financing, construction, operation and maintenance of the Designated Public Improvements. 4-8-.19. Notices. All notices, demands or other communications required or permitted to be given hereunder shall be in writing and any and all such items shall be deemed to have been duly delivered upon personal delivery; or as of the third business day after mailing by United States mail, certified, return receipt requested, postage prepaid, to the address set forth below; or as of 12:00 Noon on the immediately following business day after deposit with Federal Express or a similar overnight courier service, to the address set forth below; or as of the third business hour (a business hour being one of the hours from 8:00 a.m. to 5:00 p.m. on business days, local time of the recipient) after transmitting by telecopier to the telecopy number set forth below and evidenced by an electronic delivery receipt: If to CMD: If to the Town: White, Bear and Ankele Professional Corporation 1805 Shea Center Drive, Suite 100 Highlands Ranch, CO 80129 Attn: William P. Ankele, Esq. District Counsel Facsimile: (303) 858 -1801 with a copy to: Wear, Travers & Perkins, P.C. 1000 South Frontage Road West Suite 200 Vail, Colorado 81657 Attention: Richard D. Travers, Esq. Telephone: (970) 476 -7646 Facsimile: (970) 476 -7118 Town of Avon PO Box 975 Avon, CO 81620 Attn: John Dunn, Town Attorney Facsimile: (970) 845 -7708 Any address or telecopy number fixed pursuant to the foregoing may be changed by the addressee by notice given pursuant to this Section. 4 -9.20. Governmental Immunity. Nothing contained herein waives or is intended to waive or abrogate any protections that may be applicable to CMD or the Town under the Governmental Immunity Act, Section 24 -10 -101 et. seq., C.R.S., or any other rights, protections, immunities, defenses or limitations on liability provided by any law or the applicable provisions of the Colorado Constitution. 2-0:21, Modification. This Agreement may be modified, amended, changed or terminated, except as otherwise provided herein, in whole or in part, only by an agreement in writing duly authorized and executed by each the Parties. No consent of any third party shall be required for the negotiation and execution of any such agreement. 24.22. Assignment. Neither this Agreement nor the rights and obligations set forth herein may be assigned by either party without the express written consent of the other. Any attempt to assign the same in the absence of such consent shall be null, void and of no force or effect. 22-23. Entire Agreement. This Agreement contains the entire agreement between the Parties with respect to the matters set forth herein, and no statement, promise or inducement that is not contained in this Agreement shall be valid or binding. 23-24. Severability. If any portion of this Agreement is declared void or unenforceable by a court of competent jurisdiction, such portion shall be deemed severed from this Agreement, and the balance of this Agreement shall remain in effect. 24-.25. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. Venue in any action brought hereunder shall lie exclusively with the District Court in and for Eagle County, Colorado. 25:26. Counterparts/Facsimile Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which when taken together will constitute one and the same instrument. Facsimile signatures of any Party shall be considered originals for all purposes hereunder. [reinainder of page intentionally blank; signature page follows] IN WITNESS WHEREOF the parties have executed this Agreement as of the date first written above. CONFLUENCE METROPOLITAN DISTRICT Eagle County, Colorado By: — Name: Title: TOWN OF AVON, STATE OF COLORADO By: — Name: Title: EXHIBIT A TO INTERGOVERNMENTAL AGREEMENT Real Property Description [INSERT PROPERTY DESCRIPTION] Document comparison done by DeltaView on Thursday, February 23, 2006 17:05:29 Input: Document 1 file-HG:\l 4553\1 Tunn revisions to Intergovernmental Insertions Agreement with GH revisions.doc ,Document 2 file-//G:\14553\1 \Dalton revisions to Dunn's 2-21 1 Intergovernmental Agreement.doc lRendering set Matt's Legend: 'Insertion Deletion Moved fteffi Moved to Format change Inserted cell Deleted cell Moved cell ,Split/Merged cell jPadding cell IStatistics: I Count Insertions 55 Deletions- 40 Moved from 0 Moved to 0 Format chap ged 0 Total changes 95 J .. : _ I] Town of Avon - V � U4,11 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Directo Date: February 23, 2006 Re: Confluence Financial Models Summary: Based on input from the Council at the last two meetings, staff and Stan Bernstein & Associates have made certain changes to the attached fiscal impact models. These models, in their current form, mirror the financial aspects of the Development Agreement. The changes made from the last meeting are identified below: • Assumed hotel will be open for 2007 -08 ski season and applied 30% of costs for transportation, as well as sales and accommodation taxes on room rentals. • Removed the affordable housing fund and offset the $846,000 against the Town's capital contribution. • Offset the $160,000 payment for fire station improvements against the Town's capital contribution. • Removed the $1,500,000 contingency set -aside from real estate transfer taxes for the separated -grade railroad crossing. • Revised the Town's net capital contribution to $1,557,000. This figure represents contributions of $597,000 for the Public Plaza, $609,000 for the Riverfront Park, and $1,357,000 for Hurd Lane improvements; less the offset discussed above for affordable housing ($846,000) and fire station improvements ($160,000). Town Manager Comments Page 1 A — MemnrandumhnmStanBemstein&Asnooiaten B — BooeCaaeFisoo Impact Mode C - ConuenxaiwyCoseFisoo Impact Model D- Metro District Fiscal Impact Model 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 TO: Mr. Larry Brooks, Town Manager FROM: Stan Bernstein, Amy Bernstein DATE: February 17, 2006 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, and Water 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 17, 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 1, page 1) General Fund Balances at Stabilization Base Case $ 597,836 Conservative Case $ 378,495 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 (which are reduced to $160,000 and $20,000 beginning in 2011 due to additional Confluence Metropolitan District property tax revenue generated from Lot 61 and /or Lot B). 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). 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 17, 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, $609,000 for restroom improvements and $441,000 for additional improvements (for a total of $1,557,000); and approximately $800,000 for the railroad crossings. 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 CON 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). 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 17, 2006 Page 4 of 6 Assessed Valuation (Table III, 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 17, 2006 Page 5 of 6 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 • 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 Mr. Larry Brooks February 17, 2006 Page 6 of 6 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. 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N.�w(7 Rl6mro�'() (0 Q �. 7TT TGNOn4 mWVroN —�J000 N>LZ ZZNW� m m�— c�� z rrr Z ro J J Z r ra ° c E o o "' o"z -o - - -- m m m m.,, U Z (a 2 F Y U y m a ro °— o ° °° W m m m m c o W a a T a n o D m m o `o `o m ro R t/) VJ (� o x:) xOWK Z > m m m omw a y > nan:�..mF a'o '�'a '�,n OQ~ F >W> n a a °° m c m 2.H w OOvW wyommomrororo w 000ma>i X `o 000 �� W W oM8)m ° ;>m a yy n. a'a na a.n .o t-wLL z O pmmoom ml X oomrommrommmm w F- g N ¢ Q F- Q m J K m m m x a. m a` U w W U C7 U' U` a Q U H D u: E.o W U U K U U O O O O O❑ •-- r�- �- a- r��. -- N NNNNNNN N N M M M M MMMMM V V �( V'V V V V [{�InOt °1°Otn tnO01° (p (fl s EXHIBIT C RIVERFRONT VILLAGE Avon, Colorado DESIGN STANDARDS February 2344, 2006 I. Vision Statement for Riverfront Village A. Scope of Design Standards 1) The following Design Standards for Riverfront Village have been established to ensure the overall quality and compatibility of the Village with the Town of Avon and its riverfront site. In general these Standards shall apply to all buildings and plaza areas within Riverfront Village, with the exception of the Hotel building, or as otherwise noted. 2) An important aspect of the Riverfront Village vision is responsible care for the environment and sustainability of the architecture and landscape. To this end, best efforts will be made to meet the principles set forth in the LEED (Leadership in Energy and Environmental Design) Green Building System for the Hotel. In addition, all other buildings within the Village will be designed with sensitivity to the sustainability aspects of site and architectural design. B. Architectural Theme 1) Riverfront Village represents an important interface between the Town of Avon and Beaver Creek Ski Resort. It is envisioned as a lively gathering place connecting the river, mountain and town- a pedestrian friendly environment where townspeople and guests can stroll from Avon's western Town Center, through the resort retail plaza, to ride the gondola up to the mountain or to step down to the river. 2) The village is situated on the seam between the town and the mountain landscape and should therefore strike a balance between the two environments, creating an architectural expression that captures both alpine and townscape traditions. To achieve this balance, the architecture shall take advantage of-the " " materials inherent to successful mountain resort architecture —such as stone, wood, and other natural materials, combined with more contemporary materials such as stucco, metal, and recycled products. 3) The Architectural Theme will also feature the use of large areas of glass, clean building forms based on pure geometries, strong, ',•• simple, s detailing (not overly rustic, "heavy," or overstated), and the bolder proportions appropriate to the larger scale of the Town. C. Design of Public Spaces 1) A public plaza will be used to link the Town of Avon to the Eagle River. This link should be reinforced in both a physical and perceptual way through the use of Riverfront Village February 14, 2006 Design Standards Page 1 of 6 paving materials, landscaping, and sensitive spatial planning. Spatial planning shall include components that reinforce the connectivity of the Town to the River, and avoid elements that act as barriers to this connection, such as planter walls that block pedestrian flow, landscaping that screens the visual connection between Town and River, etc. D. Pedestrian orientation 1) A pedestrian corridor, connecting the town to a retail plaza with gondola, will gracefully transition from the plaza to the riverfiont promenade by way of a staircase and stepped terraces merging with the natural landscape. This transition will avoid barriers from the Town to the River, and include elements which reinforce this connection, including similar paving materials, wide pedestrian ways that encourage movement, active signage and wayfinding, and a gracious grand stair with oversized treads and minimal risers. 2) Pathways shall also create a network within the Village itself, linking the different buildings along the length of the site and providing pedestrian access to defined access /gathering points along the River. The Plaza and pathways within Riverfront Village should encourage a pedestrian - friendly environment. E. View Corridors 1) A primary southern view corridor to the mountains shall be maintained from the eastern railroad crossing through the public plaza to help reinforce the connection between the Town and the ski mountain. 2) An east -west view corridor along the Eagle River will also be maintained through the preservation of a 75 -foot river setback throughout most of the site, with limited minor encroachments as allowed in the development plan. In addition, the Riverfront Park will act as a natural corridor along the river edge portion of the Village and act to enhance this view corridor. F. The Natural Environment 1) The Eagle River is a primary amenity for the Town of Avon and Riverfront Village. Links to the River shall be developed as special pedestrian ways to help activate this wonderful amenity. 2) The 75 -foot river setback will be largely left in its natural state, and certain defined river access and gathering points should be created along the linear riverfront path. 3) In general, additional plantings within the river setback will be riparian in character and relate to plantings indigenous to river edge environments. More formal planting areas -- such as small sections of lawn, however, are encouraged at special gathering and access points to highlight these more formal features. Formal plantings featuring annuals are not permitted within the 75 -foot setback. 4) In an effort to enhance the natural environment, site walls and site walkways should become more "organic" as they approach the river edge portion of the Riverfront Village February 14, 2006 Design Standards Page 2 of 6 Village. Any walls installed south of the bike path shall be limited to boulder walls. Accessibility shall be considered when designing walkways. II. Site and Village Guidelines A. Primary Building Entries 1) Primary building entries shall be emphasized as welcoming portals through careful attention to massing, scale, and materials. This will ensure that Riverfront Village will not turn its back to Avon. Portals will be scaled to encourage pedestrian movement through them —and avoid overwhelming or diminutive massing —and they will be treated with materials that enhance this experience. The front doors of buildings should be treated in interesting ways, either through the use of glass or special designs and materials that provide interest to these special areas of each building. 2) Massing of entries shall relate to the overall massing of the buildings but be presented as special forms different than typical building bays. Sensitivity to scale should be considered when transitioning from the overall larger building mass to the more intimate scale of the pedestrian visitor. Designers are encouraged to use materials in interesting ways at primary building entries to reinforce their unique role as part of the building and as part of the overall Village streetscape. B. Solar Access 1) A solar access study shall be required for buildings exceeding 3 stories in height. These studies will convey shading impacts at summer and winter solstice (Jun 21 and Dec 21), and at vernal and autumnal equinox (Mar 21 and Sept 21). C. Site Materials and Colors 1. Plaza materials a) Rustic materials common in mountain towns and /or a more contemporary interpretation of these materials such as cut stone pavers, colored concrete pavers, and stained or colored concrete slabs are appropriate to the Village. Colors shall be complementary to the site and its architecture, avoiding bright or brilliant hues that distract from the pedestrian experience. 2. Site walls a) Site walls shall make use of more contemporary materials such as colored concrete masonry, stained concrete, board - formed concrete, and similar materials, in colors complementary to the site and its buildings. Site walls shall relate to plaza materials and building bases to help visually merge the ground plane around the site. D. Site Signage – Design, materials, and colors 1) Site signage shall be designed to help animate the plaza and be consistent and compatible with the design and materiality of the buildings. Site lighting will also be used to enhance the pedestrian experience at the Plaza level. Riverfront Village February 14, 2006 Design Standards Page 3 of 6 III.Architectural Design Guidelines A. Building Form and Massing 1) In general the form and massing within Riverfront Village will follow the intent of the Town of Avon Design Guidelines by incorporating form articulation to avoid the monolithic. However, specific buildings within the Village shall be subject to less or more stringent requirements relative to building form and massing as identified within this document to form a coherent, pleasant composition for the entire neighborhood. 2) Smaller masses, such as portions of the building or elements such as porte cocheres, etc, will be used to break up the apparent size of larger building forms. Smaller masses positioned in front of large masses will be used to reduce the visual dominance of the larger forms. 3) The development of building bases will help to tie together individual buildings within the Village and will also tie the Village to its riverfront site. Site walls, and other site features shall relate to building bases in a way that reinforces visual connectivity to the ground plane. The plaza and gondola terminal, with its cantilevered structure will stand out as an elevated element from the south, drawing people up from the river. 4) In general the middles of buildings will be more visually subtle, but broken by primary and secondary elevation features and material accents that help to avoid monotonous facades. On any given elevation at Lots 1, 3, and 4, 80 percent of the vertical wall area will be permitted to be within the same plane, with a minimum of 2 -foot offset for plane changes. Vertical forms comprised of stacked decks and balconies will be considered plane changes. At Lots 5, 6, and 7, 70 percent of the vertical wall area will be permitted to be within the same plane. 5) The roofscape of Riverfront Village is also critical to the success of the neighborhood and its relationship to the Town of Avon. The visual coherency of the Village should be reinforced through the use of similar roofing materials and colors throughout the Village, helping to knit the individual buildings together when seen from the Gondola or Beaver Creek above. 6) Pitched roofs expressive of an alpine tradition and the incorporation of dormers, shed roofs and chimney forms, should be employed. Primary roofs will have pitches ranging from a minimum of 4:12 to a maximum of 8:12. Secondary roofs —such as at dormers, porte cocheres, building protrusions, and similar additive forms —may be flat, but only if they are finished in materials similar in quality to roof or wall materials on the building, such as pavers, colored stone, etc. When secondary roofs are pitched roofs, the minimum pitch required shall be 2:12. Flat roofs are not permitted for primary roof forams. Ideally flat roofs should be developed as terraces and other functional spaces. 7) Given the modern alpine character of the architecture at Riverfront Village, relatively small roof overhangs are encouraged for buildings on Lots 1 and 3, which are visually and compositionally related to the Hotel. At these locations the minimum roof overhang permitted shall be six inches. At other locations within Riverfront Village the minimum roof overhang shall be 24 inches for primary roofs and 12 inches at secondary dormers. Riverfront Village February 14, 2006 Design Standards Page 4 of 6 8) To help ensure that roof ridges for the Village remain interesting and contribute to the overall success of building massing, uninterrupted ridgelines shall be avoided. To this end, roof ridgelines are limited to 150 feet before a change in height (elevation above sea level) is required. These breaks (elevation changes) shall run horizontally for at least 10% of the overall building ridge length before returning to the prior elevation. Overall building ridge length is defined as the sum of all primary ridge lengths for the entire building. B. Building Height 1) Building heights for the Riverfront Village will be restricted to the heights described in the approved Development Plan, as measured according to the Town of Avon Code. Architectural features such as chimneys, cupolas, and other similar elements will not be included when calculating maximum building height. 2) In addition, the percentage of ridge height allowed at the maximum allowable building height for any given building will be limited to 25% of the overall building ridge length. Overall building ridge length is defined as the sun of all primary ridge lengths for the entire building. 3) The maximum height for building facades fronting the Public Plaza will be limited to 75 feet from the Plaza elevation. The only exception to this facade height limitation shall be for the western facade of the central tower of the hotel, which shall be permitted to be as tall as 100 ft. from Plaza elevation. This central tower facade may tun horizontally for up to 60 feet along the plaza. 4) The minimum horizontal setback required for building facades exceeding the maximum height for building facades fronting the Public Plaza will be 2 feet from the building facade fronting the Public Plaza. This shall only apply to the central tower portion of the Hotel. 5) The minimum setback required for maximum allowable height per the Development Standards from the Public Plaza will be 60 feet from building facade fronting the Plaza C. Exterior Materials, Detailing, and Colors 1. Materials and colors for walls and roofs at Riverfront Village will have a Light Reflective Value (LRV) not exceeding 60 %. a) Materials inherent to the mountains, including stone and wood, will be used at lower levels of buildings in areas of direct pedestrian interface, as well as metals. These " " materials should be used in refreshing ways within. the Village, reinterpreted for the urban nature of Avon towards a "mountain modern" character. b) Stucco conveys mass in a subtle, "quiet" way and is therefore a recommended material for building middles and tops, . However, building accents comprised of non - stucco materials, such as metal, wood and cement materials replicating wood, shall be allowed in building middles and tops to help provide interest, except as prohibited by Codes. When used, stucco shall be carefully detailed to ensue longevity when it comes near the ground plane at building walls. Riverfront Village February 14, 2006 Design Standards Page 5 of 6 c) Roof materials will include rubber shingles, asphalt shingles and other materials suitable for mountain environments. Standing seam metal shall not be used for primary roof planes, but may be used for small and /or special roof features such as shed dormers, retail roof forms, porte cocheres, and other selective roof elements. d) In general, colors used within the Village should be complementary to the site, and be comprised of greens, grays, golds, browns, and other earth -tone hues. However, due to the desire for a highly activated retail experience at the Plaza level, the colors used along the retail edges of the Public way may be more vibrant and active in nature. 2. Minimum window area at plaza level a) At a minimum, 50% of the 1s` level of building facades facing the plaza from the east and the west shall be glass. For this calculation the plaza shall be deemed to begin at the northwest corner of the hotel and the northeast corner of timeshare west and shall terminate at the east -west plane where the staircase down to the river begins. This calculation shall exclude the gondola terminal, control booth and public restrooms. 19-IMMINN "t. Riverfront Village February 14, 2006 Design Standards Page 6 of 6 EXHIBIT D Staff Report PUD AMENDMENT VON C O L O R A D 0 January 17"', 2006 Planning & Zoning Commission meeting Report date December 31 st, 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, 2005 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 2 of 20 2. Specific land uses within the project, including special review and temporary uses, and minimum architectural design standards to meet the intent of the proposal submitted by the developer. Additionally, a final development agreement will reference the PUD development plan as the guiding zoning document, as well as set forth any financial agreements between the Town and the Developer. It will also specify the term of the agreement and the phasing required. The Commission's review began with a defined list of review topics suggested by staff, continued with a review of the applicant's response at subsequent hearings, and a review of the plans compliance to all the required findings. This report will summarize the application as finally proposed, how the application has addressed the areas reviewed by staff and the Commission, and how the detailed PUD development plan is intended to guide the project through build -out. In addition, the application and approval criteria for both the Preliminary Subdivision and Subdivision Variance that accompany the PUD are discussed in a separately attached staff report and your recommendation will include a motion on these items. Staff has also included a memo submitted by the Town attorney summarizing the status of financial considerations and business points under discussion for the revised development agreement. However, the final vesting and financial considerations with respect to funding for the project are subject to Council review and approval. The development agreement should not alter, in any significant way, the land use plan and design standards that the Commission recommends approval for, but instead reflect the level of capital funding partnership and project vesting that the elected officials of the Town feel meet the public interest. Should any material change in land use or design result from Council deliberations, staff will recommend remanding the entire plan back to the Commission for reconsideration. Following a recommendation from the Commission, it is anticipated that the project will require several meetings with Town Council before a final decision on the application is rendered. Staff Recommendation: Staff recommends CONDITIONAL APPROVAL of the proposed PUD Amendment application, as specified in Resolution 06 -01, subject to conditions outlined below. This recommendation is based upon the following: (1) the proposed application meets and /or advances not only the goals and policies of the 1996 Comprehensive Plan and the Avon Town Center Implementation Plan, but also a more extensive list of recently developed goals and policies of the 2005 Draft Comprehensive Plan, as described in further detail in the findings of this report; (2) the proposed development plan offers significant long term public benefits that are a result of the changed zoning, as described in further detail in the findings of this report. Staff recommends the Commission adopt the following conditions for approval: 1. Required revisions to the Development Plan: A. Delete General Notes 7a, 7b, and 7c, and revise as follows: A sixty (60) foot view corridor through the public plaza adjacent to the proposed hotel as depicted on the development plan and the final plat for the Riverfront Subdivision shall remain unobstructed from the ground level upwards, providing that minor encroachments such as awnings, landscaping, overhangs, decks and railings shall be reviewed and may be approved through the design review approval process. uwn ui rwon t,ummuniry 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 3 of 20 B. Delete General Note #1 and revise as follows: No more than 10% 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 Desian Standards and the Town of Avon Desian 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. 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 4 of 20 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. Access to the site from Town Center is financially guaranteed by the Developer for the life of the project across the railroad corridor, in the event that no at grade crossing is permitted. C. 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. D. 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. E. The Affordable Housing requirement shall be determined by Council if amended from the existing 10% requirement. F. 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. G. 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. Staff also recommends CONDITIONAL APPROVAL of the Preliminary Subdivision Plan and Subdivision Variance application because the applications meet the minimum standards necessary to recommend approval. The details of the Preliminary Subdivision Plan and the Subdivision Variances are discussed in the attached staff report (Exhibit #), and will be reviewed with Norman Wood, Town Engineer. PUD Review: Staff originally outlined the major components of the PUD application identified in the October 18, 2005 report. In many instances staff, the applicant and the Commission has worked together to review and refine areas of the proposal as warranted, and these refinements have either been included as changes in the final PUD Development Plan or reflected in the proposed development agreement. This final review of the proposed PUD Development Plan summarizes those individual areas reviewed and how they now relate to the final proposal. Further detail of any specific area of review can be referenced from the staff reports attached in the exhibits. 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 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. Land Use Number of Units/Square Footage Number of Units/Square Footage Units (Existing PUD (Proposed PUD Land Use Units Square Height Units Square Height Feet Feet Whole 45%,30 120 120 DU's 95ft. — ownership DIJ, per, 55ft. (condo orr; > 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 6 of 20 amount of encroachment into this corridor should be determined in context, through the design review process. Also related to the public plaza, staff is concerned with the request to allow 20% of the linear frontage of the public plaza as real estate offices. While valuable to the developer of the project and important because of the foot traffic, the use of store front space on the plaza for professional offices- including realty offices- does not substantially contribute to a place making experience. Therefore, we are recommending Condition #1(b) to replace the proposed general note language requested by the applicant. This will allow a design- driven solution to achieve a 'storefront' for realty offices (among other uses), however ensuring that it is a minimal intrusion to the plaza ground level commercial space. Staff would prefer that the majority of storefronts on the ground level be retail or restaurant space. Certainly, no residential uses should be permitted on the ground floor level. The PUD development agreement references the dedication of Tract "A" (Eagle River) to the Town as open space, which is depicted on the development plan. Staff condition #3(c) clarifies the uses and timing of dedication of this open space parcel, consistent with other river parcels the Town owns. In addition, Tract "B" is also depicted on the development plan as open space at the request of staff. This tract is the "Director's Parcel" (a land requirement of the metro district) which is also referenced in the development agreement. The land use plan also establishes building site coverage, and it should be noted that the applicant has reduced the overall building site coverage from that of the existing 70% to 25 %- a significant improvement to the project. Backing out the area of the river parcel, lot coverage The applicant has maintained the original 75' setback from the Eagle River (measures from the Mean Annual High Water Mark) for most of the site largely preserving the riparian areas. The applicant's initial proposal permitted a 50' setback, which was not well received by the Commission or staff. The 75' setback, which is depicted on the PUD development plan, applies to all buildings with the exception of the southern timeshare building on Lot 1. Lot 1 currently has a 12 -15' high retaining wall along the bike path. In this area, the setback will follow the southern property line of Lot 1, which is more restrictive than the existing developed retaining wall. Finally, we are also recommending approval of Condition #3(e) to tie this approval to that proposed- namely an upscale luxury brand (Westin or equivalent) and a conveyance to the resort (Beaver Creek Landing). The financial model and the physical design of this land use are site specific to the application, and it is staff's opinion that should the proposal significantly change in these two areas, it will be in the Town's best interest to consider this a major amendment to the development plan and agreement and review an entirely new plan for the property. 2. Design The area of project design should be thought of as two separate phases that will, by final PUD approval, track together and constitute a PUD plan that provides certain assurances that the project will be built to a standard consistent with the PUD Design Criteria for approval (AMC 17.20.110(2)(3)(6)(8)). The first phase, review of general massing and lot layout, building locations, public plaza, connectivity with the river and environs, and view corridors (both to the resort and from Town Center to the gondola) has been completed as part of the Commission review of the PUD land 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 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 8 of 20 noted above, all the proposed structures (hotel, timeshare, and whole ownership) have grown in height with minimal explanation by the applicant. While height does not represent an insurmountable issue alone when taken in context of the entire site proposal, staff is nonetheless recommending the absolute height of any of the structures be subject to final design review and approval by the Commission and subject both the site specific design standards discussed above and to the Town of Avon Design Review Guidelines. The absolute heights recommended (for the highest ridges of any structure) are consistent with those reviewed by the Commission at the last hearing- Condition #1(f), and the requirement for final design approval as the absolute determinant has been inserted on the PUD plan by the applicant. By way of comparison, the existing PUD entitlements provide a 120 -foot height limit for the entire project site. Staff is also proposing Condition #1(f)(iv)- requiring that the maximum allowable ridge heights be assigned a percentage in the Riverfront Design Standards as well as General Condition #3(e)- incorporating the expressed intent and conceptual illustrations provided by the applicant as part of the PUD approval. Two other items that staff has recommended be changed in the development agreement are: delete the statement that hotel to be built if "economically feasible" and the inclusion of language, which establishes a commitment to develop the hotel and gondola as the first phase of the project. 3. Affordable Housing The existing 1998 development agreement requires the developer to provide employee housing (either on or off property but within Town) at a rate of 5 employee- housing units for every 50 dwelling units built. The original proposal states that to satisfy the Town's need for employee housing, a pay in lieu fee in the amount of approximately $600,000 (i.e. $20,000 for every 15 dwelling units constructed, or an equivalent of approximately $1,300 per unit). Staff's understanding of the development agreement is that the incremental fee would not be payable until. the building permit is issued for each 15 units. In earlier deliberation, the Commission determined that on -site affordable housing was not appropriate for the project as currently proposed. The Town Manager also expressed concern with including employee housing in this tax district. If the consideration is made to accept the pay in lieu fee, staff would recommend that Council establish an employee housing fund in the CIP program and use this fund for public /private partnerships- including those in the core of town. For example, the employee housing conceptually located on the proposed parking garage (2004 Main Street Preferred Alternative) may create new opportunities for residential units that are required to be owner occupied and price capped. Should Fee in Lieu accepted, staff proposes fee be submitted per unit. After your last deliberation, the fee now proposed by the applicant amounts to $2,000 per unit (approximately $912,000 at full build out of the project) to be paid to the Town at the time of issuance of certificate of occupancy. Staff is concerned that this fee has no relationship to the existing requirement or the impact on employee housing a project of this density will have on the Town, however in the absence of a direct policy or explicit guideline, staff has proposed Condition #3(d) should Council concur that a fee in lieu program be acceptable over a 10% dedication either on or off site. 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 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. 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. Staffs 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 um i ui mvuri %,umm unny ueveiopment (970) 748-4030 Fax (970) 949-5749 R - equired Parkin Comparisons Land Use Existing PUD Proposed PUD Town Code Condo/Town home 2.0 per unit up to .52er add BR 1.2 per unit 1.5 per I BR, 2 all others Hotel 1 per room I. per studio, 1.2 per Condo 1 per 1 BR, 1/2 space per add BR Timeshare .6 per BR - .75 per BR, 1.5 per unit —1 per 600 sq. ft. Commercial 5 per 1,000 GILFA 5 per 1,000 GILFA —3 or 411000 G LFA Employee Housing .5 per 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. Staffs 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 um i ui mvuri %,umm unny 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 10 of 20 and Standard Commercial parking ratio of 5/1000 GLFA is consistent and slightly higher than the AMC of 4/100, and that the Incidental Commercial category accounts for incidental uses of the hotel such as the spa and meeting space. In consideration of consensus on the shared parking ratios, however, staff is recommending Condition #2(c) that obligates the developer to submittal of a parking operations plan, generally consistent with what has been provided, prior to the issuance of a Certificate of Occupancy. Staff does not support the proposed parking ratio for the whole ownership portion of the development, the use of the 15% mixed use reduction for the entire site, the use of 30% compact parking spaces, or the 1/4000 GLFA ratio for professional office use. The whole ownership portion of the development represents the largest variation in parking when comparing the proposed PUD with the Town Code. The variation in most cases would be approximately .7 spaces per unit, assuming all the whole ownership units are greater than one - bedroom. Please refer to page 9 of the Walker memo and Tab 11 of the PUD amendment application for the explanation of the analysis relative to whole ownership units. The table below represents the relative comparisons. Under the proposed use configuration, the application seeks a variance from the Town Code of approximately 126 spaces for the whole ownership portion of the project. Compared to the current PUD standard, the variance is 136 spaces. According to the analysis provided by the applicant, the national average for owner - occupied condo and town -homes indicates a total base demand of 1.7 spaces per unit, irrespective of the number of bedrooms. Because the national average is a blend of all urban and non -urban areas, and that this particular use does not benefit form the "shared parking" assumptions discussed above, staff feels that the parking ratio for whole ownership should be increased to a minimum of 2.0 spaces per unit, or 1 space per bedroom and not decreased to 1.2. Staff's concern is that insufficient whole ownership parking on site would burden adjacent property owners, including the Town, by becoming satellite parking for the project by way of proximity. The proposed 1.2 spaces have the least correlation to the municipal comparison and national comparison at 1.7, by the studies own data. The only supporting data provided is out of context and, in particular, each ratio for comparative municipalities doesn't address issues like: availability of mass transit, on street parking availability, parking management and structures (and physical distance to free parking). Of all the comparatives, Vail (outside the commercial core) is probably the most reasonable comparison at a range of 1.5 to 2.5 spaces (Studio to 5 bedrooms). Beaver Creek, one of the lowest ratios by comparison, is a poor example since the context of employee and guest parking in the resort is very different to the physical parking needs in Avon. The operations plan specifically excludes management of whole ownership units so continuing to compare management of similar properties in Beaver Creek has no Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 Parking Comparisons Land Use Existing PUD Proposed PUD Town Code Variation by use Condo/Town 2.0 per unit up 1.2 per unit 1.5 per 1 BR, 2 .3 up to one unit, home to 2BR, .5 per maximum (any # all others .7 all other add BR add. BR's Under the proposed use configuration, the application seeks a variance from the Town Code of approximately 126 spaces for the whole ownership portion of the project. Compared to the current PUD standard, the variance is 136 spaces. According to the analysis provided by the applicant, the national average for owner - occupied condo and town -homes indicates a total base demand of 1.7 spaces per unit, irrespective of the number of bedrooms. Because the national average is a blend of all urban and non -urban areas, and that this particular use does not benefit form the "shared parking" assumptions discussed above, staff feels that the parking ratio for whole ownership should be increased to a minimum of 2.0 spaces per unit, or 1 space per bedroom and not decreased to 1.2. Staff's concern is that insufficient whole ownership parking on site would burden adjacent property owners, including the Town, by becoming satellite parking for the project by way of proximity. The proposed 1.2 spaces have the least correlation to the municipal comparison and national comparison at 1.7, by the studies own data. The only supporting data provided is out of context and, in particular, each ratio for comparative municipalities doesn't address issues like: availability of mass transit, on street parking availability, parking management and structures (and physical distance to free parking). Of all the comparatives, Vail (outside the commercial core) is probably the most reasonable comparison at a range of 1.5 to 2.5 spaces (Studio to 5 bedrooms). Beaver Creek, one of the lowest ratios by comparison, is a poor example since the context of employee and guest parking in the resort is very different to the physical parking needs in Avon. The operations plan specifically excludes management of whole ownership units so continuing to compare management of similar properties in Beaver Creek has no 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 PLTD- Amendment to the 1998 PUD approval January 17, 2006 Planning & Zoning Commission meeting Page 12 of 20 7. Connectivity with River & Environment A prominent feature of the land use plan includes the existing trail system and connection to the Eagle River. The applicant has proposed a terraced condition much improved over the original application concept for the public plaza termination to the Eagle River. While staff generally supports this concept, we are recommending that the final design of the public plaza and its connection to Tract A (the river parcel and regional trail) be separately approved -Condition #3(b) - so we might better understand the entire context of public space and connectivity in final form. The applicant has provided an Environmental Impact Report that summarizes the short and long term impacts of the development, as well as characterizes the types of habitat and presence of threatened, endangered or sensitive species on the site. There appear to be no significant long- term impacts, and the application will result in a small (.04 acres) loss of wetlands by impact of gondola construction that will be mitigated on site per the approval of the US Army Corps of Engineers (USACE). The applicant has made an effort to move the proposed gondola further outside 100-year floodplain and wetlands as a result of discussion with staff. This is reflected.on the proposed Development Plan along with the setback project wide remain at 75 feet, allowing for 2 areas of encroachment. Mitigation for the loss of wetlands is being compensated on site, and will be permitted by the USACE. 8. Water Rights A condition of the current development agreement states that a water consumption and augmentation study is required to determine maximum water demand. Staff would defer estimating future water needs until this study has been made available and reviewed by the Town's engineering staff and water attorney. Staff is recommending condition # 3(a), which requires resolution before final plat approval. 9. Financial Analysis and Considerations & Development Agreement Though the financial model provided by the applicant demonstrates that the amendment proposed provide a financial benefit to the Town over the original scenario, it is important to consider that the analysis is a dynamic model subject to many assumptions, as noted by Stan Bernstein (and included in your application packet under Tab 13 dated September 8, 2005). Also, the applicant has provided a separate analysis by THK that is intended to demonstrate the potential Town-wide positive market effects of the installation of the gondola and connectivity to the Resort (also included in Tab 13). Though this supplemental report is questionable in its many qualitative assumptions and overstates the value of the gondola connection to the Landing as well as the value of transportation savings, there is no doubt that a certain portion of property value increase in the Town core will be attributed to the construction of a project of this magnitude. As previously reviewed, the existing development agreement approved in 1998 entitles the developer to a rebate of: - 75% of all Sales Taxes; and - 75% of all Lodging Taxes; and - 50% of all Real Estate Transfer Taxes 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 all 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 RETf 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 14 of 20 Most important to note with respect to the financing request is Staff's recommendation to Council that should.the financial negotiations cause a significant impact on the proposed land use (for instance, a change in the hotel mass or size, and change in overall density, etc.), the application be remanded back to the Commission for further evaluation. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110(h), it shall be. the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following design criteria or demonstrate that one or more of them is not applicable, or that a particular development solution consistent with the public interest has been achieved. Where the PUD is being requested in connection with the review of a development agreement pursuant to Chapter 17.14, not all design criteria may be applicable, as determined by the Community Development Department. The following design criteria shall be used as the principal criteria in evaluating a PUD: (1) Conformity with the Comprehensive Plan goals and policies; 1996 Comprehensive Plan When the 1996 Comprehensive Plan was adopted, the Confluence site was not included in the incorporated area of the Town, therefore, there is no specific guidance as there is today with the 2004 Draft Plan which includes a special district for the Confluence site. However, the 1996 did contemplate the future annexation of the Confluence site: Mixed-Use River Corridor: The large undeveloped parcels adjacent to the Eagle River north of Highway 6 are designated mixed--use river corridor. These lands have the potential to be developed for a combination of land uses, as long as the uses and physical design of the site are sensitive to the natural riparian environment. High priority should be placed on the incorporation of public access to the river. Development plans should incorporate screening and landscaping, to emphasize positive visual quality. Consideration should be given to annexation of these properties, as opportunities arise. Resort Services The areas along the north side of Highway 6 are intended to contain uses that primarily support the Beaver Creek Resort area. Uses include employee housing, maintenance yards, visitor parking, and transportation facilities. Major transportation and parking facilities should be designed to provide direct linkages and connections to the Town Core, to facilitate pedestrian circulation for visitors and employees. Wherever possible, these facilities should incorporate other activities such as retail, offices, and entertainment facilities, to encourage pedestrian activity. Resort service uses should be carefully sited and designed, to minimize impacts on the Town's transportation system, and shall be carefully screened and landscaped. Rail Corridor A major rail line runs through the Town in an east-west direction, which currently represents a significant barrier to circulation and land use patterns. As part of a proposed merger between the Southern Pacific and Union Pacific Rail-roads, this rail line is proposed to be abandoned. A final decision on the line abandonment is expected in late 1996 or early 1997. The information provided below is the general approval criteria for a PUD amendment. —1.1 VI ,,.molt %IVIIIIIIU111ty LiuvUlopmem (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.) Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 Compliance Land Use Policy Development' and redevelopment will be of A1.1 a scale and intensity appropriate for the X nei hborhood 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 eff iciently 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 B1.2 through creation and maintenance of DEVELOPMENT effective vehicle access and parking, transit services, all- season pedestrian and non - motorized vehicle access, and consistent application 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 16 of 20 Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 crutches, or other forms of mechanical assistance. Policy Establish the Town Center Area as an X 82.2 inviting, vibrant and safe pedestrian - oriented cultural, retail and entertainment hub. Policy Encourage a range of uses in the Town X B2.3 Center, including re -tail, offices, hotels, recreation, tourism, and entertainment. HOUSING Policy Infill residential development should be X C1.4 compatible in de -sign, scale and use with existing neighborhoods. Policy New development, annexations, and major X C2.1 redevelopment shall include or otherwise rovide for affordable housing. Policy Wherever possible, affordable housing will X C2.2 be integrated with, rather than be separate from the rest of the community. Policy The Town will encourage and, to the extent X C2.4 practical, participate in development of affordable housing. TRANSPORTATION, Policy Streets should, to the extent possible, X PARKING, AND E1.1 effectively accommodate transit, CIRCULATION pedestrian, bicycle, and other modes of transportation. Policy Commercial, public and other uses that X E1.2 generate employment and customer traffic should be located on transit routes, and linked by pedestrian and bicycle paths to. minimize the need for automobile travel. Policy Commercial areas should be designed to X E1.4 minimize in -town vehicle travel by making it easier for people arriving by car to park and conveniently walk to multiple stores and businesses. ENVIRONMENT Policy Future development and redevelopment X F1.1 shall minimize degradation of the environment, particularly in sensitive natural areas. Policy The river corridor will be protected as an X F1.3 important riparian habitat. Policy Major development proposals will be X F1.5 referred to the Colorado Division of Wildlife for review and comment regarding wildlife issues. PARKS, Policy New residential and resort developments X RECREATION AND G1.1 will incorporate recreational amenities. OPEN SPACE Policy G1.4 New annexations and development will include or otherwise contribute to land for X 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 I I I trails, open space and recreation purposed. I (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 18 of 20 conditioned upon the staff recommendation that the river parcel be deeded as open space to the Town and the view corridor protected. (7) A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation plan has been provided, however, contingencies related to access across the railroad corridor must be included in the final development plan agreement. (8) Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The Confluence site includes the northern 1/2 of the Eagle River from the western extent of the property to the Avon Road Bridge. This portion of the River, along with associated wetlands and riparian areas is referred to as Tract "N' on the PUD Development Plan and measures approximately 5-acres. Tract "B", which is the "Directors" parcel, will also be designated as open space. For the long-term protection and maintenance, Tract "N' would be dedicated to the Town of Avon per the proposed Development Agreement. The existing trail running along the river is also included within Tract "N'. In order to protect the view corridor from the proposed at-grade crossings through the public plaza to Beaver Creek, staff has asked the applicant to plat the view corridor on their proposed subdivision and depicted the view corridor on the proposed PUD Development Plan, recommended revisions Staff is also recommending a master landscape plant be submitted for the entire project utilizing plant material outlined in the Town of Avon Residential, Commercial, and Industrial Design Review Guidelines. (9) Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. In conjunction with the PUD Amendment application, the applicant has submitted a Preliminary Subdivision Plan. The Preliminary Subdivision Plan has been reviewed by staff for functionality based on specific criteria outlined in the Town Municipal Code. Staff has found the Preliminary Subdivision Plan to be acceptable subject to staff recommended conditions. Those conditions and a detailed description of staff comments are outlined in Resolution 06-01 and accompanying Preliminary Subdivision Plan report. The application does not propose a formal construction-phasing plan. The initial request includes a 30-year vesting period. Based on the assumptions use in the fiscal impact analysis provided by the applicant, staff has recommended that the vesting period be reduced to 7 years. Furthermore, staff has recommended a condition requiring the developer to construct the hotel/public plaza and the gondola during the first phase. These items will be considered by Town Council as in order to find this criterion positive. (10) Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. 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. (11 2)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 t-ax (wtv) u4ti-ot4v The Confluence PUD- Amendment to the 1998 PUD approval January 17, 2006 Planning & Zoning Commission meeting Page 20 of 20 bridge across Highway 6 and connect to the Town Center via two at grade pedestrian/vehicular crossings. In terms of preserving valued environmental and cultural resources, the application proposes the dedication of approximately 5—acres of the Eagle River and associated high value wetlands and riparian areas. These public benefits are all consistent with the goals and policies outlined in the Comprehensive Plan, If you have any questions regarding this project or any planning matter, please feel free to call either of us at 748-4030, or stop by the Community Development Department. Respe'Ofq%F-gabmitted, Tam i Ka AICP Director III ei Zmann, AICP Senior Planner Attachments: A. Resolution 06-01; B. PUD Application dated August 8, 2005 (previously distributed to Commission members C. October 18th, 2005 Planning and Zoning Commission Staff Report, exhibits, and meeting minutes; D. November 1st, 2005 Planning and Zoning Commission Staff Report, exhibits, and meeting minutes; E. November 15th, 2005 Planning and Zoning Commission Staff Report, exhibits, and meeting minutes; F. Proposed massing model (available at meeting only); G. PUD Development Plan dated January 10th, 2006; H. Walker Preliminary Parking Operations Plan dated December 5, 2005 J. Public Comments received (previously distributed to Commission members) K. Memo from Town Attorney reviewing status of development agreement. L. Preliminary Subdivision Plan and Subdivision Variance Staff report, Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 TOWN OF AVON RESOLUTION NO. 06 -01 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 20th of 2005 and January 17th, 2006 at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD and Development Agreement; and 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 Center Implementation Plan Goals and Policies as required by 17.20.1 IOH (1); 2. The overall design concept of this PUD Amendment conforms to the design theme of the Town, and Design Guidelines as required by 17.20.1 1OH(2); 3. The project is compatible with the immediate scale and character of existing properties in the vicinity. 17.20.110H(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 f designed to produce a functional development responsive and sensitive to 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. 17.20.1 10H (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: f, 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 "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`" DAY OF January, 2006 Signed: Date: It i 16 6 Chris Evans, Chair Att t: Date: Phil Struve, Secretary 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 AVON Minutes C 0 L 0 R A D 0 January 17, 2006 I. Call to Order The meeting was called to order at 5:40 pm. II. Roll Call All Commissioners were in attendance. 111. 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. V11. 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 PUC 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: 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 "A" shall be deeded to the Town and zoned "Open Space, Landscaping and Drainage" in accordance with section 17.20.120 of the Municipal Code prior to the issuance of the first Certificate of Occupancy but no later than January 1, 2008. F. The Affordable Housing requirement shall be determined by Council if amended from the existing 10% requirement. G. The property owner shall construct the proposed Westin Hotel or equivalent, Public Plaza, and gondola as generally submitted in the August 3, 2005 application. Significant changes to the hotel brand or brand equivalent, public plaza, conceptual architectural illustrations or conveyance to the Beaver Creek Landing shall require a major amendment to the PUD. H. A revised development agreement shall incorporate and reference the approved PUD Development Plan, including all conditions of approval specified in Planning and Zoning Commission Resolution 06-01. 1. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. Commissioner Struve seconded the motion. All commissioners were in favor and the motion passed 7— 0. X1. Other Business A. Tambi Katieb revealed to the Commission the hiring of a GIS Planning Analyst to the Community Development Department. Vill. 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 APPROVED: Chris Evans Chairman Phil Struve Secretary A - 111'J To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Eric Heidemann, Senior Planner � �- Date: February 22, 2006 Re: First Reading of Ordinance 06-04, amendments to the Avon Municipal Code, Title 17 - Zoninq Summary: Attached to this memo is an ordinance being forwarded to you for review, discussion, and approval on first reading that proposes amendments to the Town Zoning Code. The proposed amendments are intended to provide clarification of parking standards for allowed uses in the Industrial and Commercial Zone ("I/C zone") by defining uses, as well as reconciling allowed uses with associated parking standards. At their February 21st 2006 'meeting, the Planning and Zoning Commission recommended approval of these amendments through Resolution 06-005. The proposed ordinance recommend by staff and the version of the ordinance recommended by the Commission are identical with the exception of one modification to the definition of showroom. The Commission added "in conjunction with an allowed use" as qualifying language to the definition. Discussion: The current I/C Zone includes a group of allowed uses (warehouses; laboratories; electrical substations; light manufacturing plants; wholesale sales outlets; showrooms; Industrial, construction, and wholesale offices; and additional uses determined to be similar to allowed uses in accordance with the intent of this zone district). In the past, all these uses have been assigned to the "Industrial Land Uses" ratio, which required a parking ratio of 1/800 GFA. Staff believes this practice was erroneous and the minimal parking standard, as evidenced by existing parking and loading conditions in the district, was not appropriately matched to the broad range of uses permitted. Further, once a project was constructed at the "Industrial" ratio, uses migrating in the range of permitted uses over the years clearly create parking conflicts to the detriment of the project. I In some cases the allowed uses have different parking demands and require the standards to be segregated in order to operate efficiently. Most importantly, the use of a variance procedure to 'assign' a parking standard for uses such as self-storage is not the appropriate process. The proposed clarification to parking ratios for Industrial Commercial Zone District uses were developed, in large part, using the most recent Institute of Transportation Engineers Trip Generation manual, The manual models peak hour traffic demands on empirical date form existing developed properties, and in this case the trip generation factor is based on 1000 square feet gross floor area. It is important to note that the proposed amendments would be applicable to all new development and anticipated re-development of properties in zone district. Existing development properties are subject to the standards that were in place at the time of development. Staff has provided written notice of the proposed amendments to all property owners in the zone district in addition to the required notice provisions of the Avon Municipal Code. Section 1: This section of the amending ordinance provides clarity by establishing definitions for allowed uses in the IC Zone. New definitions are as follows: 17.08.515 Manufacturing. "Manufacturing" means the conversion of raw materials or parts into finished products. Facilities generally have ancillary office, warehouse, research, and associated functions. 17.08.715 Self-storage. "Self Storage" means buildings in which a number of storage units or vaults are rented for the storage of goods. Each unit is physically separated from other units, and access is usually provided through an overhead door or other common access point. Units are non-habitable, contain no plumbing or running water, or electric outlets. 17.08.725 Showroom. "Showroom" means a room where goods are displayed for advertising or sale in conjunction with an allowed use. 17.08.830 Warehouses. "Warehouses" are primarily devoted to the storage of materials and may also include office and maintenance areas. 17.08.840 Wholesale sales outlet. "Wholesale sales outlet" means the sale of merchandise to retailers rather than directly to the public. Section 2: This section of the amending ordinance adds self-storage as an allowed use in the IC zone. In the past, staff has relied on the Zoning Administrator or the Planning and Zoning Commission to make interpretation regarding among other things permitted land uses that are similar to the allowed uses. As a result of past 0 Page 2 February 28, 2006 Town Council Meeting First Reading Ordinance 06-04, Zoning Code Amendments interpretations, there are several existing self-storage facilities in the Town (Avon Self Storage Lot 25, Block 1, BMBC; AAA Mini Storage Lot 14/15, Block 1, BMBC; Mountain Center Self-storage). 17.20.010 Industrial and Commercial - IC. A. Intention. The industrial and commercial zone district is intended to provide sites for light industrial and manufacturing uses, wholesale outlets, warehousing, offices and storage facilities. B. Allowed Uses. The following uses shall be permitted in the IC district: 1. Warehouses; 2. Laboratories; 3. Electrical substations; 4. Light manufacturing plants; 5. Wholesale sales outlets; 6. Showrooms; 7. Industrial, construction, and wholesale offices; 8-.8 Self-Storage; 9. Additional uses determined to be similar to allowed uses in accordance with the intent of this zone district. Section 3: This section of the amending ordinance segregates the uses and assigns parking standards based on the use. 3. Industrial and Commercial Minimum Parking Requirements a. Warehousing 1.2/1000 sq. ft. GFA b. Light manufacturing plants 1/800 sq. ft. GFA C. Wholesale sales outlet/ Showrooms 1/800 sq. ft. GFA d. Self-storage 1/2,500 sq. ft. GFA e. Utility company 1/800 sq. ft. GFA plus 1 space per employee vehicle parked on site. f. Industrial, construction, and wholesale offices 3/1000 sq. ft. GFA g. Laboratories 1/800 sq. ft. GFA I i'V-1-77-11 i I I IVI V We would like your feedback and any proposed changes to the Ordinance on first reading, in order to finally adopt this set of Zoning Code revisions at your March 14th meeting on second reading. We recommend that you deliberate on the proposed revisions, providing staff with any recommended changes. The public hearing for this Ordinance will be held on March 14, 2006. • Page 3 February 28, 2006 Town Council Meeting First Reading Ordinance 06-04, Zoning Code Amendments I Alternatives: The following options are available for action on this ordinance: - Approve on First Reading, setting the Second Reading and public hearing date to March 14, 2006. - Deny on First Reading. - Table on First Reading. Proposed Motion: I move to approve Ordinance 06-04 on first reading, establishing March 14, 2006 as the Public Hearing and Second Reading." Attachments: A. Ordinance 06-04 B. Planning and Zoning Commission Resolution 06-05 & Staff Memo C. 2005 Aerial Photo of I/C District 0 Page 4 February 28, 2006 Town Council Meeting First Reading Ordinance 06-04, Zoning Code Amendments N TOWN OF AVON PLANNING & ZONING COMMISSION I SERIES OF 2006 A RESOLUTION RECOMMENDING APPROVAL TO THE TOWN COUNCIL OF AMENDMENTS TO TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO THE DEFINITIONS, ALLOWED USES IN THE INDUSTRIAL AND COMMERCIAL ZONE DISTRICT, AND ESTABLISHING PARKING STANDARDS FOR ALLOWED USES IN THE INDUSTRIAL AND COMMERCIAL ZONE DISTRICT. WHEREAS, Title 17 of The Avon Municipal Code requires review and revision on a periodic basis in order to continue to serve the public interest; and WHEREAS, the Planning and Zoning Commission have reviewed the attached revisions ("Exhibit A") to Resolution 06-05 Series of 2006, and held a public hearing as required by the Avon Municipal Code to review the proposed amendments. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends to the Town Council the approval of changes set forth in Resolution 06-05 Series of 2006 in order to amend the existing Avon Municipal Code as adopted. ADOPTED THIS 21" DAY OF FEBRUARY, 2006 Signed. Date: e�ris Evans, Chair - Attest a, (, Date: Phil Struve, Secretary I ORDINANCE NO. 06 -04 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, ADDING DEFINITIONS FOR ALLOWED USES IN THE INDUSTRIAL AND COMMERCIAL ZONE, ADDING SELF STORAGE AS AN ALLOWED USE IN THE INDUSTRIAL AND COMMERCIAL ZONE DISTRICT, AND AMENDING THE PARKING STANDARDS FOR USES ALLOWED IN THE INDUSTRIAL AND COMMERCIAL ZONE. • •'t• 0 • • • • • • • •'��• Section 1. Amendment. Section 17.08. Chapter 20 of Title 17, Avon Municipal Code, is as follows: 17.08.515 Manufacturing. "Manufacturing" means the conversion of raw materials or parts into finished products. Facilities generally have ancillary office warehouse research and associated functions. 17.08.715 Self - storage. "Self Storage" means buildings in which a number of storage units or vaults are rented for the storage of goods Each unit is physically separated from other units and access is usually provided through an overhead door or other common access point. Units are non - habitable, contain no plumbing or running water, or electric outlets. 17.08.725 Showroom. "Showroom" means a room where goods are displayed for advertising or sale in conjunction with an allowed use. 17.08.830 Warehouses. "Warehouses" are primarily devoted to the storage of materials and may also include office and maintenance areas. 17.08.840 Wholesale sales outlet. "Wholesale sales outlet" means the sale of merchandise to retailers rather than directly to the public. Section 2. Amendment. Section 17.20.10, Chapter 20 of Title 17, Avon Municipal Code, is as follows: Industrial and Commercial - -IC. A. Intention. The industrial and commercial zone district is intended to provide sites for light industrial and manufacturing uses, wholesale outlets, warehousing, offices and storage facilities. R B. Allowed Uses. The following uses shall be permitted in the IC district: 1. Warehouses; 2. Laboratories; 3. Electrical substations; 4. Light manufacturing plants; 5. Wholesale sales outlets; 6. Showrooms; 7. Industrial, construction, and wholesale offices; 8. Self-Storage; 9. Additional uses determined to be similar to allowed uses in accordance with the intent of this zone district. C. Special Review Uses. The following uses shall be permitted in the IC district subject to the issuance of a special use permit: 1. Four residential units per lot in conjunction with business operation; 2. Automobile or other vehicular sales and repair shops; 3. Retail sales and other personal service outlets; 4. Restaurants; 5. Public uses; 6. Outside storage areas; 7. General commercial offices. D. Development Standards. 1. Minimum lot size: .5 acre; 2. Maximum building height: forty-eight feet-, 3. Minimum building setbacks: Front: twenty-five feet; Side: 7.5 feet; Rear: ten feet; 4. Maximum site coverage: fifty percent; 5. Minimum landscaped area: twenty percent; 6. Maximum density: four dwelling units per lot when approved as a special review use. (Ord. 75-08 §§I,Z'-; Ord. 91 -10 § I (part)). Section 3. Amendment. Section 17.24.020.C, Chapter 20 of Title 17, Avon Municipal Code, is amended by addition of a new definition as follows: 3. Industrial and Commercial Minimum Parking Requirements a. Warehousing 1.2/1000 sq. ft. GFA b. Light manufacturing plants 1/800 sq. ft. GFA c. Wholesale sales outlet/ Showrooms 1/800 sq. ft. GFA d. Self storage 1/2,500 sq. ft. GFA e. Utility company 1/800 sq. ft. GFA plus 1 space per employee vehicle parked on site. f. Industrial, construction and wholesale offices 3/1000 sq. ft GFA g. Laboratories 1/800 sq. ft. GFA INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 14th day of February, 2006, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 28th day of February, 2006, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the day of , 2006. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney I i Industrial and Commercial Zone Change Industrial and Commercial Zone Property Boundaries , ram Feet Residential Street 400 wo 1-9 �1Ll:A LLL•J To: Planning and Zoning Commissioners From: Eric Heidemann, Senior Planner Date February 14, 2006 Re: Proposed amendments to the Avon Municipal Code- Title 17 (Zoning) Resolution 06 -05 PUBLIC HEARING Background & Summary: Attached to this memo is a resolution being forwarded for review, discussion, and recommendation to Town Council regarding a staff initiated zoning code amendment. The proposed amendment is intended to provide clarification of parking standards for allowed uses in the Industrial and Commercial Zone ( "I /C zone ") by define said uses, as well as reconcile allowed uses with associated parking standards. Specifically, the ordinance will create a definition and parking standard for self- storage, as well as define currently allowed uses and clarify the overall parking standards for the zone district. The current I/C Zone includes a group of allowed uses (warehouses; laboratories; electrical substations; light manufacturing plants; wholesale sales outlets; showrooms; Industrial, construction, and wholesale offices; and additional uses determined to be similar to allowed uses in accordance with the intent of this zone district). In the past, all these uses have been assigned to the "Industrial Land Uses" ratio, which required a parking ratio of 1/800 GFA. Staff believes this practice was erroneous and the minimal parking standard, as evidenced by existing parking and loading conditions in the district, was not appropriately matched to the broad range of uses permitted. Further, once a project was constructed at the "Industrial" ratio, uses migrating in the range of permitted uses over the years clearly create parking conflicts to the detriment of the project. In some cases the allowed uses have different parking demands and require the standards to be segregate in order to operate efficiently. Most importantly, the use of a variance procedure to `assign' a parking standard for uses such as self storage is not the appropriate process. The proposed clarification to parking ratios for Industrial Commercial Zone District uses were developed, in large part, using the most recent Institute of Transportation Engineers Trip Generation manual. The manual models peak hour traffic demands on empirical date form existing developed properties, and in this case the trip generation factor is based on 1000 square feet gross floor area. Where necessary, staff has also proposed amendment to the zoning definitions section for certain uses. It is important to note that the proposed amendments would be applicable to all new development and anticipated re- development of properties in zone district. Existing- development properties are subiect to the standards that were in place at the time of development. Staff has provided written notice of the proposed amendments to all property owners in the zone district in addition to the required notice provisions of the Avon Municipal Code. The discussion section below outlines the individual definition proposed for amendment and a brief description of the rationale for the amendment and its applicability. Discussion: Resolution 06 -05 proposes to amend the Avon Municipal Code - Title 17 (Zoning) with respect to the following definitions. The underline text is language added, and the strike through text would be eliminated: Section 1: This section of the amending ordinance provides clarity by establishing definitions for allowed uses in the IC Zone. New definitions are as follows: 17.08.515 Manufacturing. "Manufacturing" means the conversion of raw materials or parts into finished products. Facilities generally have ancillary office, warehouse research and associated functions. 17.08.715 Self- storage. "Self Storage" means buildings in which a number of storage units or vaults are rented for the storage of goods. Each unit is physically separated from other units, and access is usually provided through an overhead door or other common access point. Units are non - habitable, contain no plumbing- or running water, or electric outlets. 17.08.725 Showroom. "Showroom" means a room where goods are displayed for advertising or sale. 17.08.830 Warehouses. 'Warehouses" are primarily devoted to the storage of materials and may also include office and maintenance areas. 17.08.840 Wholesale sales outlet. 'Wholesale sales outlet' means the sale of merchandise to retailers rather than directly to the public. Section 2: This section of the amending ordinance adds self- storage as an allowed use in the IC zone. In the past, staff has relied on the Zoning Administrator or the Planning and Zoning Commission to make interpretation regarding among other things permitted land uses that are similar to the H allowed uses. As a result of past interpretations, there are several existing self - storage facilities in the Town (Avon Self Storage Lot 25, Block 1, BMBC; AAA Mini Storage Lot 14115, Block 1, BMBC; Mountain Center Self- storage). 17.20.010 Industrial and Commercial - IC. A. Intention. The industrial and commercial zone district is intended to provide sites for light industrial and manufacturing uses, wholesale outlets, warehousing, offices and storage facilities. B. Allowed Uses. The following uses shall be permitted in the IC district: 1. Warehouses; 2. Laboratories; 3. Electrical substations; 4. Light manufacturing plants; 5. Wholesale sales outlets; 6. Showrooms; 7. Industrial, construction, and wholesale offices; 8.8 Self - Storage: 9. Additional uses determined to be similar to allowed uses in accordance with the intent of this zone district. C. Special Review Uses. The following uses shall be permitted in the IC district subject to the issuance of a special use permit: 1. Four residential units per lot in conjunction with business operation; 2. Automobile or other vehicular sales and repair shops; 3. Retail sales and other personal service outlets; 4. Restaurants; 5. Public uses; 6. Outside storage areas; 7. General commercial offices. D. Development Standards. 1. Minimum lot size: .5 acre; 2. Maximum building height: forty -eight feet; 3. Minimum building setbacks: Front: 25 feet; Side: 7.5 feet; Rear: 10 feet; 4. Maximum site coverage: fifty percent; 5. Minimum landscaped area: twenty percent; 6. Maximum density: four dwelling units per lot when approved as a special review use. (Ord. 75 -08 § §1,2; Ord. 91 -10 §1(part)). N Section 3: This section of the amending ordinance segregates the uses and assigns parking standards based on the use. 3. Industrial and Commercial a. Warehousing b. Light manufacturing plants C. Wholesale sales outlet/ Showrooms d. Self storage e. Utility company f. Industrial, construction, and wholesale offices 9. Laboratories Minimum Parking Requirements 1.2/1000 sq. ft. GFA 1/800 sq. ft. GFA 1/800 sq. ft. GFA 1/2,500 sq. ft. GFA 1/800 sq. ft. GFA plus 1 space per employee vehicle parked on site. 3/1000 sq. ft. GFA 1/800 sq. ft. GFA Recommendation: We anticipate that the Commission will have questions on the proposed changes during your meeting. We would like your feedback and any proposed changes to the resolution in order to present this set of Zoning Code revisions to Town Council for first reading at their February 28, 2006 regular meeting. We recommend that you hold the public hearing and deliberate on the proposed revisions, and recommend approval to Town Council of Resolution 06-05. Should you choose to amend any language of the proposal, staff is able to make those changes as part of your motion and codify them in the signed resolution to Council. Proposed Motion: "I move to approve Resolution 06-05, recommending to Town Council the adoption of specific revisions to Title 17 (Zoning) of the Avon Municipal Code" Exhibits: A. Resolution 06-05 Amending Title 17 of the Avon Municipal Code, including Ordinance 06-04. To: Honorable Mayor and Town Council Planning & Zoning Commissioners Comprehensive Plan Steering Comrpittee Members Thru: Larry Brooks, Town Manager From: Eric Heidemann, AICP, Senior Planner Tambi Katieb, AICP, Community Development Dire Date: February 23, 2006 Re: Comprehensive Plan Adoption =I C 0 L 0 R A D 0 After almost two years of drafting and redrafting, staff is providing the Council with Resolution 06-10 approving the update of the Avon Comprehensive Plan. Also attached is the Planning and Zoning Commission Resolution (05-12) dated November 1st 2005 recommending approval of the draft plan, as well as a memo form Rebecca Leonard, Design Workshop, which summarizes the Council recommended revisions and timeline. Staff has distributed the February 2006 version of the plan to the Planning & Zoning Commission and Steering Committee along with an invitation to attend the adoption public hearing. In the interim, if there are any questions on the draft please don't hesitate to contact myself or Eric at 748.4002 or 748.4009, respectively. Attachments: A. Council Resolution 06-10 approving the adoption of the Avon Comprehensive Plan B. Planning and Zoning Commission Resolution 05-12 recommending approval of the Avon Comprehensive Plan C. Memo from Rebecca Leonard dated February 23rd, 2006 Council Draft, Avon Comprehensive Plan February 28, 2006 J TOWN OF AVON RESOLUTION NO. 06-10 SERIES OF 2006 A RESOLUTION APPROVING OF THE UPDATE TO THE TOWN OF AVON COMPREHENSIVE PLAN W HEREAS, the Planning & Zoning Commission and Town Council adopted the current Comprehensive Plan in 1996, and recognize the document should be periodically updated to reflect and serve the public interest; and W HEREAS, the Planning & Zoning Commission is appointed by the Town Council to make and recommend a Comprehensive Plan for the physical development of the Town, subject to the approval of the governing body; and W HEREAS, the Town Council appointed a Steering Committee and held publicly noticed meetings to discuss the development and revision of the Comprehensive Plan over the course of two years; and W HEREAS, the Planning & Zoning Commission reviewed the updated Comprehensive Plan and recommended adoption through Resolution 05 -12 on November I't 2005; and WHEREAS, the Comprehensive Plan, with accompanying maps, charts, and descriptive goals, policies, and objectives provides guidance to the Town Council for recommendations on the future development of the Town; and WHEREAS, the Town Council has reviewed the attached Comprehensive Plan ( "Exhibit A ") as prepared and revised by Design Workshop, Town Staff, and the Comprehensive Plan Subcommittee; NOW, THEREFORE, BE IT RESOLVED, that the Avon Town Council hereby approves the updated Town of Avon Comprehensive Plan ADOPTED THIS DAY OF JANUARY 2006. TOWN COUNCIL Mayor ATTEST: Town Clerk 1 TOWN OF AVON PLANNING & ZONING COMMISSIONN RESOLUTION NO. 05-12 SERIES OF 2005 A RESOLUTION RECOMMENDING APPROVAL TO THE AVON TOWN COUNCIL OF THE UPDATED COMPREHENSIVE PLAN HEREAS, the Planning & Zoning Commission and Town Council adopted the current Comprehensive Plan in 1996, and realizes the document should be periodically updated to reflect and serve the public interest; and W HEREAS, Title 2 of The Avon Municipal Code establishes the Planning & Zoning Commission as a design review body; and W HEREAS, the Planning & Zoning Commission is appointed to make and recommend to the Town Council a Comprehensive Plan for the physical development of the Town, subject to the approval of the governing body; and WHEREAS, the Comprehensive Plan, with accompanying maps, plat, charts, and descriptive matter, shall show the Planning & Zoning Commission's recommendations for the development of the Town; and W HEREAS, the Town has held several publicly noticed meetings to discuss the development and revision of the Comprehensive Plan; and W HEREAS, the Planning and Zoning Commission have reviewed the attached Comprehensive Plan (Exhibit A) as prepared and revised by Design Workshop, Town Staff, the Comprehensive Plan Subcommittee; and N OW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends to the Town Council the adoption of the Comprehensive Plan (Exhibit A) in order to serve as a policy and guidance Master Plan for future development and redevelopment within the Town of Avon. ADOPTED THIS V DAY OF NOVEMBER, 2005 ti Signed: AoTt f Date: Chris Evans, Chair 'Phil Struve, Secretary EXHIBIT C Project Name: Avon Comprehensive Plan Project #: 3555 Subject: Summary of Changes in Final Draft Copy To: Avon Planning and Zoning Commission, Avon Comprehensive Plan Steering Committee The Town Council took nearly three months to review the draft recommended to them by the Planning and Zoning Commission on November I. Please see the attached schedule. The Town Council made a few changes to the plan as listed below. Introduction: — The vision statement and values were updated and strengthened. — The history section was updated. Future Land Use Map: — More detail was added in Districts 22, 23, and 26 to reflect open space parcels. — Regional Commercial was removed from the north side of I -70 in District 9. — A portion of District 13 was identified as civic /public. Other Guiding Graphics: — The Community Framework Plan was updated with greater detail in District 22, 23, and 26. — Additional view corridors were added to the Community Framework Plan— view to Game Creek Bowl from the Village Center of the Village at Avon and view of new community park and Traer Creek from the Post Boulevard /I -70 interchange. — The vehicular and pedestrian connection between Metcalf Road and Beaver Creek Boulevard was limited to a pedestrian connection only. — An Urban Form Diagram and supporting text were added to the plan. This will provide guidance for building height and form. Goals and Policies: — The goals and policies were placed before the district plans in the document. — Stronger language regarding affordable housing, urban form, and the railroad were added. — Everywhere there was reference to culture and arts, the word "heritage" was added. Asheville a Aspen • Denver • Park City • Phoenix • Santa Fe • Tahoe ° Santiago ^ Sdo Paulo 120 East Main Street, Aspen, Colorado 81611 • (tel) 970- 925 -8354 • (fax) 970 -920 -1387 www.designworkshop.com C:ADocuments and Settings \eheidemann \Local Settings \Temporary Internet Files \OLK70 \060223 - Memo.doc Memorandum Design Workshop, Inc. Landscape Architecture To: Avon Town Council Land Planning Via: Tambi Katieb Urban Design From; Rebecca Leonard Strategic Services Date: February 23, 2006 Project Name: Avon Comprehensive Plan Project #: 3555 Subject: Summary of Changes in Final Draft Copy To: Avon Planning and Zoning Commission, Avon Comprehensive Plan Steering Committee The Town Council took nearly three months to review the draft recommended to them by the Planning and Zoning Commission on November I. Please see the attached schedule. The Town Council made a few changes to the plan as listed below. Introduction: — The vision statement and values were updated and strengthened. — The history section was updated. Future Land Use Map: — More detail was added in Districts 22, 23, and 26 to reflect open space parcels. — Regional Commercial was removed from the north side of I -70 in District 9. — A portion of District 13 was identified as civic /public. Other Guiding Graphics: — The Community Framework Plan was updated with greater detail in District 22, 23, and 26. — Additional view corridors were added to the Community Framework Plan— view to Game Creek Bowl from the Village Center of the Village at Avon and view of new community park and Traer Creek from the Post Boulevard /I -70 interchange. — The vehicular and pedestrian connection between Metcalf Road and Beaver Creek Boulevard was limited to a pedestrian connection only. — An Urban Form Diagram and supporting text were added to the plan. This will provide guidance for building height and form. Goals and Policies: — The goals and policies were placed before the district plans in the document. — Stronger language regarding affordable housing, urban form, and the railroad were added. — Everywhere there was reference to culture and arts, the word "heritage" was added. Asheville a Aspen • Denver • Park City • Phoenix • Santa Fe • Tahoe ° Santiago ^ Sdo Paulo 120 East Main Street, Aspen, Colorado 81611 • (tel) 970- 925 -8354 • (fax) 970 -920 -1387 www.designworkshop.com C:ADocuments and Settings \eheidemann \Local Settings \Temporary Internet Files \OLK70 \060223 - Memo.doc District Plans: — District 25 was enlarged k/include everything south 0[ the railroad. — Language regarding regional commercial was removed from District V . — Language was added to the text for District 9 suggesting that there may be alternative locations for the school, but it will depend on the information brought forth during 8P!1D amendment procedure. — District }O was identified as ()oru Space. Page 2 Comprehensive Plan Process Town Council 2003 January 13, 2004 January 27, 2004 February 10, 2004 Town Council directs staff to work with the Planning and Zoning Commission to update the Comprehensive Plan Town Council hears presentations from various selected firms Town Council contracts with RNL to update the Comprehensive Plan Town Council selects the Comprehensive Plan Steering Committee Steering Committee February 2004 -2005 Steering Committee meets eleven times to guide the planning process June 29, 2004 First Community Meeting for public input September 14, 2004 Steering Committee asks Town Council for more time to complete the plan October 18, 2004 First Steering Committee draft of Comprehensive Plan November 15, 2004 Second Steering Committee draft of Comprehensive Plan December 6, 2004 Second Community Meeting for public input January 11, 2005 Third Steering Committee draft of Comprehensive Plan February 9, 2005 Forth draft of Comprehensive Plan (released for public input) Planning Commission March 15, 2005 Planning and Zoning Commission reviews Section I -I1: Avon's Vision and Introduction April 5, 2005 Planning and Zoning Commission reviews Section III: Land Use and Community Framework April 12, 2005 Town Council raises concerns about process, draft plan, and consultant April 19, 2005 Planning and Zoning Commission reviews Section IV: Sub Areas May 3, 2005 Planning and Zoning Commission reviews the remaining sub areas. May 10, 2005 Town Council contracts with Design Workshop to finish update to Comprehensive Plan May 17, 2005 Design Workshop holds a kick off meeting with the Planning & Zoning Commission (directed to reorganize and rewrite draft prior to spending any more time reviewing) May 24, 2005 Three new Planning and Zoning Commissioners are appointed by Town Council June 7, 2005 A process is identified for adoption of the plan (action to date, roles, and responsibilities, next steps). June 21, 2005 Present the High Priority Subarea section of Comprehensive Plan. Work through Draft Plan Observation Summary as it pertains to the High Priority Districts, and general discussion of style and content. 2/23/2006 July 5, 2005 Review the planning principles and recommendations within the Medium Priority Districts and work through Draft Plan Observation Summary as it pertains bo the Medium Priority Districts. August 2, 2005 Review the planning principles und recommendations within the Low Priority Districts (Subareas) and work through Draft Plan Observation Summary as it pertains to the Low Priority Districts. September 6.2005 Discussion of regional land use issues with Eagle County Senior Planner Cliff Simonton, Sup{co/bcx 14, 2005 Special meeting to discuss the proposed Goals and Policies. September 20`2O05 Special meeting to discuss the Vision, Introduction, and Land Use/Community Framework sections o[ the plan. October |8,2O05 Planning and Zoning Commission takes two more weeks to review the final draft. November 1 2005 Joint meeting of the Planning d Zoning Commission and Town Council. Town Council November 22,20O5 Initial Town Council Meeting to take comments oo Planning and Zoning Commission. December l3.2005 Changes identified in the "Clear Direction"; definitions, densities, and heights; housing January 10, 2006 }lcuup ofbui|dio�heights, Village at Avon, view corridors, p|uu organization January 24,20O6 Recap of Village a1 Avon, transportation and economic development February 28, 2006 Town Council adopts the Comprehensive Plan 2/23/2006 2 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Jeffrey Schneider, Engineer 11 Date: February 22, 2006 Re: Resolution No. 06-11, A Resolution Approving the Preliminary and Final Plat of the Enclave at Wildwood, a Resubdivision of Lot 8, Block 5, Wildridge, Town of Avon, Eagle County, Colorado Summary: Lot 8 Block 5 Subdivision LLC, a Colorado Corporation, has submitted a Preliminary and Final Plat of the Enclave at Wildwood, a Resubdivision of Lot 8, Block 5, Wildridge, Town of Avon, Eagle County, Colorado. This is a townhouse subdivision of a developed lot, creating six townhouse units and a common area. The subdivision is in general conformance to Title 16 of Avon Municipal Code, Subdivisions. A copy of the Preliminary and Final Plat is included as Exhibit A. Recommendation: Staff recommends approval of Resolution No. 06-11, Series of 2006, A Resolution Approving the Preliminary and Final Plat of the Enclave at Wildwood, a Resubdivision of Lot 8, Block 5, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections as identified by staff. Proposed Motion: I move to approved Resolution No, 06-11, Series of 2006, A Resolution Approving the Preliminary and Final Plat of the Enclave at Wildwood, a Resubdivision of Lot 8, Block 5, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections as identified by staff. Town Manager Comments: e TOWN OF AVON RESOLUTION NO. 06 —11 Series of 2006 A RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF THE ENCLAVE AT WILDWOOD, A RESUBDIVISION OF LOT 8, BLOCK 5, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Lot 8 Block 5 Wildridge Subdivision LLC, a Colorado Corporation has submitted a Preliminary and Final Plat of The Enclave at Wildwood, a Resubdivision of Lot 8, Block 5, Wildridge, Town of Avon, Eagle County, Colorado; and WHEREAS, the Preliminary and Final Plat has been reviewed by the Town Staff, and WHEREAS, the Preliminary and Final Plat was found to be substantially in conformance with Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as a Preliminary and Final Plat. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Preliminary and Final Plat for The Enclave at Wildwood, a Resubdivision of Lot 8, Block 5, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: 1. The completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF F-,Vv#l=- Town Clerk ,2006. TOWN COUNCIL TOWN OF AVON, COLORADO Mayor Wildridge - Block 5, Lot 8 - The Enclave Lot 8 Property Boundaries Fes, Residential Street J� i e M To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Dan Higgins Date: February 15, 2006 Re: Service Agreement with the Town of Minturn Background: The Town of Avon operates fleet maintenance out of its Swift Gulch facility located at 500 Swift Gulch Road. We have several annual maintenance contracts with neighboring districts. One of our goals is to secure more third party revenue to help reduce the subsidy of our operation. Discussion: Attached is a one -year service agreement for 2006 between the Town and the Town of Minturn for vehicle maintenance. Financial Implications: The agreement contains our standard price of $90.00/hour for routine and preventive maintenance as well as repair and replacement. We have billed T.O.M. 61 hours of labor ($5,188.00) in 2005. We started doing their maintenance in September 2005. Recommendation: Staff recommends approval of the one -year service agreement with Eagle County Ambulance District. It is considered an Intergovernmental Agreement and according to our Town Charter, 16.2, it must be approved by a 2/3 vote of the Town Council. Town Manager Comments: R R SERVICE AGREEMENT This agreement is made and entered into this day of , 2005 by and between the Town of Minturn whose address is P.O. Box 309, Minturn Colorado, 81645 (hereafter know as "TOM") and the Town of Avon whose address is P.O. Box 1726, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor "). RECITAL In consideration of the obligation of TOM to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: Contractor Services: Contractor will, during the term of this Agreement, provide: (a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of TOM vehicles and equipment. Service will be performed on approximately 10 vehicles and 10 pieces of equipment, although the number of vehicles and equipme tt serviced may be increased or decreased in TOM's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by TOM ( "Repair and Replacement "). No payment for any Repair and Replacement shall be due unless TOM has approved of such charges. Services may be commenced with verbal approval by TOM of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. TOM acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. (collectively the "Services ") 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. All Routine Maintenance shall be completed within 24 hours of any vehicle being brought to Contractor's facility. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, TOM will pay Contractor the shop rate of $90.00 per hour for Routine Maintenance and Repair and Replacement. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 1 d" of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's washing facilities may be used by TOM. Contact TOA for current wash rates. Contractor's Fueling Facilities may be used by TOM. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten percent. 4. Terms and Termination: This Agreement will be effective as of January 1, 2006 and will terminate on December 31, 2006 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the other party may terminate this Agreement upon seven (7) days written notice to that party, unless that party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause upon 30 Days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by TOM to its employees. Contractor shall provide TOM an original of its Form W -9 (Request for Taxpayer Identification Number of Certification). EXHIBIT A W©RK';:. , ..,. FREQ INCY. RATE "A" PM 3,000 miles or $90.00 hr. Preventive Maintenance 250 hours Plus parts & Inspection sublet "Annual" every 12months $90.00 hr. Preventive Maintenance Plus parts & Inspection sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of December 1, 2005 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of TOM, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as ctiherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. EXECUTED this day of 2005. Town ofMmturn j EXECUTED this day of , 2005. TOWN OF AVON By: AVON BEAVER CREEK EQUIPMENT LIST BY DEPARTMENT Page I Program FMG210 DEPARTMENT: 15 - TOWN OF MINTURN Date 12/05/05 Release S-z Time 15:35 --DATE-- LICENSE- ---DERR--- 11AINT- -YTD-- --MILES HRS-- M EQUIPS YR - -- MAKE--- MODEL--- CLASS - -- SERIAL NUMBER - - -- - ACQRD-- -NUMBER- ---COST--- --VALUE--- ---LTD---- -MILES BEG-FY CURRNT I 144M 92 KENWORTH T600AII HTD IXKAD69XONS 11/23/05 769-EFE 5000.00 1M 85 INT DT HTD IHTZPJ3ROFHA2!661 09/27/05 650Al2 5000.00 2M 01 CHEV IMPALA L2A 2G1WF55K919255116 10/03/05 964-AVK 5000.00 3M 04 FORD F350 DUAL HTS IFTWF33PX4EC60014 11/09/05 978-AVK 20000.00 4M 00 DODGE DURANGO L4UP 1D4HS28NXYF255768 11/22/05 953-AVK 20000.00 964M 01 CHEV IMPALA L2A 2GIWFSSK919255116 10/03/05 ? 5000.00 MIN 05 TOM 1 HMSC TOWN OF MINTURN 10/24/05 N/A 0-00 mscis 05 1 1 HMSC 1 08/31/05 1 0.00 DEPT TOTALS: ITEMS 8 COST $60,000 DEPRECIATED VALUE $0 MAINTENANCE (LTD) $16,944 MTHLY CPS , INSUR. AMT $0 MILES DRIVEN (YTD) 3 HOURS DRIVEN (YTD) ITEMS 0 2 OTHER METER USED (YTD) ITEMS 0 0 0-00 4839-82 1 896000 896001 M 0.00 10119.63 0 5566 5586 H 0.00 622.93 1 50526 50527 M 0.00 371.60 1 13008 13009 M 0.00 316.56 0 43306 43306 M 0.00 0.00 0 50526 50526 M 0.00 208.25 0 0 0 M 0.00 464.15 0 0 0 H � J� L:4 I I M To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Dan Higgins Date: February 23, 2006 Re: Service Agreement with Beaver Creek Metro District Background: The Town of Avon operates fleet maintenance out of its Swift Gulch facility located at 500 Swift Gulch Road. We have several annual maintenance contracts with neighboring districts. One of our goals is to secure more third parry revenue to help reduce the subsidy of our operation. Discussion: Attached is a one -year service agreement for 2006 between the Town and Beaver Creek Metro District for vehicle maintenance. Financial Implications: The agreement contains our standard price of $90.00/hour for routine and preventive maintenance as well as repair and replacement. We have billed BCMD 746 hours of labor ($63,441.00) in 2005. Recommendation: Staff recommends approval of the one -year service agreement with Eagle County Ambulance District. It is considered an Intergovernmental Agreement and according to our Town Charter, 16.2, it must be approved by a 2/3 vote of the Town Council. Town Manager Comments: .a rt w 3'` SERVICE AGREEMENT This agreement is made and entered into this J day of 200by and between Beaver Creek Metropolitan District whose address is P.O. Box 2560, Edwards Colorado, 81632 (hereafter know as "BCMD ") and the Town of Avon whose address is P.O. Box 1726, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor'). RECITAL In consideration of the obligation of BCMD to pay the Contractor as herein provided and in consideration, of the other terms and conditions hereof, the parties agree as follows: Contractor Services: Contractor will, during the term of this Agreement, provide: (a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the BCMD vehicles and equipment. Service will be performed on approximately 33 vehicles and equipment, although the number of vehicles and equipment serviced may be increased or decreased in BCMD's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by BCMD ( "Repair and Replacement "). No payment for any Repair and Replacement shall be due unless BCMD has approved of such charges. Services may be commenced with verbal approval by BCMD of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. BCMD acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. (collectively the "Services ") Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. All Routine Maintenance shall be completed within 24 hours of any vehicle being brought to Contractor's facility. Compensation: In consideration of Contractor's services during the term of this Agreement, BCMD will pay Contractor the shop rate of $90.00 per hour for Routine Maintenance and Repair and Replacement. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 10" of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractors Fueling Facilities may be used by BCMD. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractors cost plus ten percent. Contractor's vehicle washing facility may be used by BCMD. Contact TOA for current wash rates. The contractor shall supply 10 parking spaces at a cost of $1.00 per month per space. Office Space and Utilities: It is anticipated that BCMD will place a small trailer at the Swift Gulch site to be used as office space. The trailer must not occupy a paved space or rental rates will be applicable. All costs for utilities and meters associated with the trailer must be incurred by BCMD. Final location of the trailer must be approved by contractor. Placement and removal of the trailer will be the entire responsibility of BCMD. Terms and Termination: This Agreement will be effective as of January 1, 2006 and will terminate on December 31, 2006 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the other party may terminate this Agreement upon seven (7) days written notice to that party, unless that party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause upon 30 Days written notice. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by BCMD to its employees. Contractor shall provide BCMD an original of its Form W -9 (Request for Taxpayer Identification Number of Certification). 7. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 8. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of BCMD, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 9. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 10. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 12. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. f- EXECUTED this day of _ _, 2005. Beaver Creek r politan District By: C-11 12 EXECUTED this day of 200 TOWN OF AVON By: EXHIBIT A "A" PM Preventive Maintenance Inspection "Annual" Preventive Maintenance Inspection 3,000 miles or 250 hours every 12months $90.00 hr. Plus parts & sublet $90.00 hr. NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of December 31, 2005. Plus parts & sublet TOWN OF AVON, COLORADO MINUTES OF THE LOCAL LIQUOR LICENSING AUTHORITY MEETING HELD FEBRUARY 14, 2006 The Avon Town Council acting as the Local Liquor Licensing Authority for the Town of Avon, Colorado convened at 5:30 PM at the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. A roll call was taken and Board members of the Authority present were Ron Wolfe as Chairperson, and Board members Debbie Buckley, Kristi Ferraro, Mac McDevitt, Brian Sipes and Tamra Underwood. Amy Phillips was absent. PUBLIC HEARING FOR SPECIAL EVENTS PERMIT a. Applicant: Vail Valley Chamber & Tourism Bureau Event Manager: Robin Litt & Jamie Healey Function: VVCTB Chamber Mixer Location: Community Banks, 70 Benchmark Rd. When: Wednesday, March 15, 2006 Staff noted that the special event application materials were in order. Robin Litt, VVCTB, addressed the Board regarding the event. Board member Buckley moved to approve the special events permit for the Vail Valley Chamber & Tourism Bureau. Board member McDevitt seconded and the motion passed unanimously by those members present (Phillips absent). CONSENT AGENDA Board Member Buckley moved to approve the Consent Agenda; Board member McDevitt seconded the motion and is passed unanimously by those members present (Phillips absent). a. Renewal of hotel & restaurant liquor license for Fiesta Jalisco Numero Tres, LLC d/b/a Fiesta Jalisco, 240 Chapel Place b. Renewal of retail liquor license for Avon Liquors, Inc. d/b/a Avon Liquors, 100 W. Beaver Creek Blvd. There being no further business to come before the Board, the meeting adjourned at 5:35 PM. RESPECTFULLY SUBMITTED: Patty McKenny APPROVED: Recording Secretary for the Local Liquor Licensing Authority Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe A L:4 I I me To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: February 9, 2006 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 1AEngineering \C1P \Whitewater Park \6.0 R -W Acquisition \Easements \Town Easement Memo.Doc DECLARATION OF EASEMENT KNOW ALL MEN BY THESE PRESENTS: That TOWN OF AVON, Declarant, whose address is P. O 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. This Declaration of Easement is declared in connection with Declarant's 2006 Eagle River Recreation project and for no other purposes. Declarant reserves the right in the exercise of its police power to alter or revoke this Declaration of Easement. WITNESS our hands and seals this day of 2006. �� 11 t TOWN OF AVON C ATTEST: Town Clerk STATE OF COLORADO ss. COUNTY OF EAGLE The foregoing instrument was acknowledged before me this day of 12006, 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 TOWN OF AVON, COLORADO, REGULAR COUNCIL MEETING FOR TUESDAY, FEBRUARY 289 2006 AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM TAMRA NOTTINGHAM UNDERWOOD COUNCILORS DEBBIE BUCKLEY KRISTI FERRARO MAC MCDEVITT AMY PHILLIPS BRIAN SIPES TOWN STAFF TOWN ATTORNEY: JOHN DUNN TOWN CLERK: PATTY MCKENNY TOWN MANAGER: LARRY BROOKS ASSISTANT TOWN MANAGER: JACQUIE HALBURNT THIS MEETING IS OPEN TO THE PUBLIC; COMMENTS FROM THE PUBLIC ARE WELCOME ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND COUNCIL MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND CITY MARKET THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH WORK SESSION AGENDA MEETING BEGINS AT 4 PM 4:00 PM — 4:45 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 and e) determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and instructing negotiators, more specifically discussing development agreement relating to the Confluence and instructing staff as to further negotiations 4:45 PM — 5:00 PM 2. APPROVAL OF WORK SESSION AGENDA & COUNCIL ASSIGNMENT UPDATES 5:00 PM — 5:20 PM 3. Stone Creek Elementary Charter School (Bill Hammer, Charter Commission Member) Update on progress of developing the Stone Creek Elementary Charter School 4. STAFF UPDATES a. Eaglebend Drive / Stonebridge Road Streetscape Update (Jeff Schneider, Engineer) Update on final design of this project / Memo Only b. Smoking Ban Update (Jacquie Halburnt, Asst. Town Manager) Update on educational progress related to the smoking ban passed in Avon & Eagle County / Memo only 5:20 PM 5. ADJOURNMENT Avon Council Meeting.06.02.28 Page 1 of 3 To: Honorable Mayor and Town Council Through: Larry Brooks, Town Manager From: Jacqueline Halburnt, Assistant Town Manager Date: February 24, 2006 Re: Smoke Free Avon Summary: Today was the first of two public meetings to educate the public on the smoking ban that will go into effect March 11. About a dozen people attended to hear a presentation by Shelley Evans and have their questions answered by Avon and Eagle County law enforcement. Attached are handouts from the meeting, which we will be mailing to Avon businesses along with decals for front doors. Discussion: A representative from Summit County was in attendance and she said there hadn't been one enforcement issue in Summit. We are hopeful the same will hold true in Avon and the ordinance will self - regulate itself. In the few cases where it doesn't, we have a clear protocol in place to deal with violations. We are educating the bar and restaurant owners to first ask the patron to put out the cigarette. (Suggested language: "You probably aren't aware, but smoking isn't allowed..." They should only contact law enforcement if the customer refuses to put out the cigarette or becomes belligerent. If this is the case, the process will be the same as we are asking the bar /restaurant owners: 1. First, we will always give a polite warning and explain the ordinance. 2. If the person refuses to put out the cigarette or becomes belligerent, we may issue a summons along with any other necessary enforcement. The biggest issue of concern from the meeting was the 25 -foot perimeter. Summit County does not have this rule and smoking is allowed outside and on decks. Owners were concerned with where patrons and employees would end up standing to smoke, the inevitable cigarette butts left behind, and safety concerns over the snow and ice in the winter. Lift lines enforcement was discussed and the County said they are relying on Vail Resorts to train their employees to take the lead in enforcement. In Whistler, if skiers refuse to put out cigarettes, they will follow them up the lift and revoke their passes and escort them off the mountain. This is the protocol in Whistler, but apparently has never happened. The next educational meeting is scheduled for Thursday, March 2 in the Council Chambers. Town Manager Comments: � J� L:J I I To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norm Wood, Town Engineer Jeff Schneider, Engineer U Date: February 22, 2006 ?9 Re: Eagleband Road Streetscape Improvements Update (Memorandum Only) This Dle[DO[@DdUDl is to provide an UDd8Le On the OD8| design Of the Eao|eb8Od []rkxe/St0Debhdge Road StFee[ cape Improvements Project. Exhibit A includes Construction Drawings for your review. The project generally consists of installing curb and gutter, anew asphalt roadway Surface.a paved pedestrian/bicycle path, bus pullouts, and 8tneSi C8p8|ightiDgfR}m the exiSiingCu|-d8- sac on Eaglebend Drive to the bridge on Stonebridge Road. The roadway CF0S8 section will include 10.5-foot wide driving |8DeS to aid in traffic C@rOiOg. StRee[SC8pe lights will rn8tCh the eXSdOg lights OO Hurd Lane and CODfonn to the new Town This project also includes the replacement of the bridge rail On Ston8bridge Road. At the di[8CbOD Of COUDci[ decorative stone COUFOnS were installed at the ends Of the bridge rails and at each abutment. The four CO[DS[ CO|U0nS OD the bridge 8bUinxent3 are more prominent than their counterparts at the bridge rail ends, and will contain decorative lantern- style lights. 8D18|| LEDs embedded in the bridge [8i| were initially pnDposmd, but were removed from the design they could not be installed without increasing the size of the bridge n3i|S. The current [8i|S are very lightweight and it i3 QiUC8| to Fep/8DR them with rails of similar weight b] avoid additional structural engineering. TO provide additional lighting, pole-mounted fixtures were added to the bridge [8i| with the id9OUC8| |aOi8Dl-Stv|e lights as the CO[OS[ rn0OUDleDtS. This project is partially funded by Colorado Department of TraDSportatiOD(CDOT) Federal EDh8DCC[DeDt Grant funds and as such requires 8pp[Ov8| by CDOT for all design and CODStrUCUOD. R8SO|UUOO 05-48 authorized the contract with C[}OTfor receipt 0fthe federal funds. Staff is currently in the process of obtaining various clearances from CDOT required prior to proceeding. AJSO. the DD@| design package /d[avviDgS and COOt[3Ct dOCUDlent8\ has been sent to CD{}Tfo[ Final C}[hCe Review. C[}[)lF must give the Town 8 Notice t0 Proceed prior tD advertising for bids. VV8 anticipate receiving the Notice i0 Proceed /Dlate March and will GdmerUSB immediately upon [808ipi. C0DStnUCti0O is t8Ot8Ume|y scheduled to begin in 83dy May and C0Dlp/RtiOO is tentatively scheduled for mid-July. hEngineeringUREaglebend StreetsoapeB.1 Design design update memo c-2&oOdoo Attachments: Exhibit A — Eaglebend Drive and Stonebridge Road Streetscape Improvements Construction Drawings Town Manager Comments: 6V • Page 2 CONS / j'A WINGS FEDERA L • ID '•I / i ♦• PROdECT CODE: H % DRIVE i STUIVEERIDGE ROAD GENERAL NOTES 1. THE CONTRACTOR SHALL SCHEDULE A PRECONSTRUCTION MEETING MTIH THE OWNER AND THE ENGINEER AT LEAST 48 HOURS PRIOR TO THE START OF CONSTRUCTION. NO CONSTRUCTION WALL BE PERMITTED PRIOR TO THE PRECONSTRUCTiON MEETNO, 2 THE CONTRACTOR IS WARNED THAT CONFLICTS WITH EXISTING U7IUTY SERVICES MAY EXIST, PRIOR TO BEGINNING ANY CONSTRUCTION, THE CONTRACTOR SHALL CONTACT ALL APPROPRIATE UTILITY COMPANIES FOR LINE LOCATIONS HE SHALL THEN LOCATE ALL UTIUTES (91CLUDING DEPTH BY POTHIXING). ANY CONFLICTS WITH THE PROPOSED CONSTRUCTOR STALL BE BRQUGNT 7Q Tt� ATTENTKIN U THE EMdNEER SO THAT MINOR LINE OR GRACE CHANGES CAN 13E MADE TO ELIMINATE ANY CONFLICTS WITH THESE EXISTING UlIJ71M ALL FASTING 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 COOT AND OTHER INTERESTED ENTITIES 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 A MINIMUM OF 48 HOURS N ADVANCE OF CONSTRUCTION. k ALL CONSTRUCTION SHALL CONFORM TO MUNICIPAL, DISTRICT AND COOT STANDARDS AND SPEClFICATIoNS AND BE SUBJECT TO CONSTRUCTION OBSERVATION BY THEIR REPRESENTATIVES. CORES OF MUNICIPAL AND DSTMCT STANDARDS MUST BE OBTAINED BY THE CONTRACTOR. CONTRACTOR SHALL HAVE ONE {7 SIGNED COPY OF THE PLANS AND A COMPLETE SET O THE CONTRACT DOCUMENTS ON THE JOB SITE AT ALL TIMES 5. CONTRACTOR SHALL NOT SCALE DRAWINGS FOR CONSTRUCTION PURPOSES ANY MISSING DIMENSIONS OR DISCREPANCIES N PLANS, FEW STAKING OR PHYSICAL FEATURES SHALL BE BROUGHT TO THE ATTENTION O THE ENGINEER F CONTRACTOR PROCEEDS WITH THE WORK WITHOUT NOTIFYING THE EN RIEM HE DOES SO AT HIS OWN RISC. 8. IF CONSTRUCTION DOCUMENTS ARE UNCLEAR, OR IF ERRORS OR DISCREPANCIES ARE DISCOVERED. THE ENGINEER SHALL NOT BE LIABLE F THE CONTRACTOR OR CUENT MAKES HIS OWN INTERPRETATION OF AND /OR REVISES THE ORIGINAL INTENT OF THE CONSTRUCTION DOCUMENTS AND DESIGN DRAWINGS 7. OBSERVATIONS OF THE WOW N PROGRESS AND/Ot FIELD TESTING PERFORMED BY THE ENGINEER SHALL N NO WAY EXCUSE iFE TRACTOR FOR DEFECTS DISCOVERED N HIS WORK. 8. UNLESS 07HERMSE SPEOHED OR INDICATED N THE DETAILS. ALL DISTURBED AREAS SHALL BE COMPACTED TO 955 STANDARD PROCTOR DENSITY (ASTM 0 -598). 9. COMPACTION TESTING MAY BE DONE PERIODICALLY BY 1HE OWNER THESE TESTS ARE INTENDED TO PROVIDE THE OWNER A GREATER DEGREE OF ASSURANCE THAT THE CONTRAC7C R IS COMPLYING WITH COMPACTION REOITREWENTS THE ON IS NOT TO RELY UPON THESE TESTS FOR FILL CONTROL. NOR ARE THESE TESTS TO BE CONSTRUED AS A GUARANTEE BY THE ENGINEER OF THE CONTRACTORS CONTRACTUAL OBLIGATION, 10. SAFETY IS THE SOLE RESPONSIBILITY O THE CONTRACTOR THE ENGINEER IS NOT RESPONSIBLE FOR SAFETY IN, ON, OR ABOUT THE PROJECT SITE. NOR FOR COMPLIANCE BY THE APPROPRIATE PARTY WTH ANY REGULATIONS RELATING THERETO. 11, THE CONTRACTOR SAL PROVIDE ALL LIGHTS, SIGNS. BARRICADES, FLAGMEN OR OTHER DEVICES NECESSARY TO PROVIDE FOR PUBLIC SAFETY N ACCORDANCE WITH THE CURRENT MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES. INCLUDING THE STATE OF COLORADO AMENDMENTS 12 CONTRACTOR TRACTOR SHALL AT ALL TIMES KEEP A SEPARATE FULL SET OF CONTRACT .. MARKED UP TO FULLY INDICATE AS -BOLT CONDTLONS SAID DRAWINGS SHALL BE PROVIDED TO INTER- MOUNTAIN ENGINEERING G UP COMPLEHON OF THE WORK. AS -SILT ORANINGS MAY BE COMPILED BY INTER- MOUNTAIN ENGINEERING PRIOR TO ANAL ACCEPTANCE CONTRACTOR IS TO PROVIDE AT LEAST TWO TIES FROM PHYSICAL MONUMENTS TO ALL FITTINGS, SERVICE LINE SIM AND MANHOLES 13. SEDIMENT AND EROSION CONTROLS SHALL BE INSTALLED TO MEET TOWN OF AVON SPECFICATONS 14. DISTURBED AREAS SHALL BE REVEGETATED IN A TIMELY MANNER MTH 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 i FOOT VER TIDAL 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 COOT RD STANDA SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION. CORES O THE STANDARD SPECIFICATIONS MUST BE OBTAINED BY THE CONTRACTOR 18, THE CONTRACTOR WALL BE RESPONSIBLE FOR PREPARING AND SUBMITTING A CONSTRUCTION ZONE TRAFFIC CONTROL PLAN (CZTCPT TO THE TOWN FOR RENEW MID APPROVAL PRIOR TO ANY PRE - CONSTRUCTION YEIEIINNQ TRAFFIC CONTROL WILL BE IMPLEMENTED WITH NECESSARY PERSONNEL AND EQUIPMENT THAT PROVIDES TEMPORARY STRUCTURES MID SERVICES EQUAL TO EESTNG TRAFFIC CONDITIONS IN ACCORDANCE W7H THE MUTCD. THE CONSTRUCTION ZONE TRAFFIC CONTROL PLAN SHALL BE PREPARED BY AN AMERICAN TRAFFIC SAFETY SERVICES ASSOCATION (ATSSA) CERTIFIED WORK97E TRAFFIC CONTROL SUPERVISOR OR A PROFESSIONAL TRAFFIC ENGINEER IN CONFORMANCE WIN THE MUiCO AND OTHER APPUCABLE STANDARDS SAID PLAN MUST BE SIGNED AMC) IN BY COLORADO REGISTERED PROFESSIONAL ENGINEER OR OTHERMSE CERTIFIED BY THE AISSA WORKSIIE CONTROL SUPERVISOR 19. AN NPDES PERMIT IS REWIRED FOR INS PROJECT. PRIOR TO ANY CLEARING, GRUBBING SNIPPING, STOCKPILING, EXCAVATION, EMBANKMENT OR OTHER GRADING ACTIVITIES THE TOWN SHALL BE PROVIDED WTH A COPY OF THE STORM WATER MANAGEMENT PLAN FOR THE PROJECT AND THE PERMIT. 20. THE CONTRACTOR MLL NOTIFY THE UTILITY COMPANIES FOR FIELD LOCATIONS BEFORE THE START OF CONSTRUCTION. THE CONTRACTOR SHALL THEN POTHOLE ALL UTILITY CROSSINGS AND COORDINATE WTH UTILITY OWNER PRIOR TO BEGINNING O CONSTRUCTION. F CONFLICTS EAST, CONTRACTOR SHALL COORDINATE WTH UTILITY OWNER AND NOTIFY THE TOWN. ELECTRIC HOLY CROSS ELECTRIC JEFF VRCOM (970- 947 -5425) 3799 HIGHWAY 82 PO DRAWER 2150 G.ENWOOD SPRINGS. CO 81602 970- 945 -5491 GAS XCEL ENERGY JIM ONEL PH. 262 -4003 PO BOX 1819 SILVERTHORNE, 00 80498 282 -4024 CASE N COMCAST CABLE MATT CONRAD PO 80X 679 SILVERTHORNE CO 80498 970 - 468 -2669 EXT. 1103 SUBCONTRACTOR - STURGEON ELECTRIC - DON SWAYNE 97G- 260 -4085 TELEPHONE OWEST SCOTT TN CARRINGT 921 GRANDE AVENUE GLENWOOD SPRINGS, DO 81601 970- 468 -SWO WATER & SEWER EAGLE RIVER WATER & SANITATION DISTRICT FRED HASLEE 846 FOREST ROAD VAIL, CO 81657 970 - 476 -7480 WARM- OWN FV m THE TOWN OF A VON EA GL E CORN T Y, COLORADO NW PROPERTY CORNER ON EAGEBEND DRIVE FOUND REBAR W/ ALUMINUM CAP ILLEGIBLE ELEVATION - 7463.93 I"= 1000' SHEET INDEX C1 COVER .sHEEr C2 EACLEBEND DRIVE DEMO PLAN C3 SrONEBRIDGE ROAD DEMO PLAN C4 EAGLEBEND DRiVE IMPROVEMENTS C5 EAGLEBtND DRIVE IMPROVEMENTS C6 S7ONEBRIDGE ROAD IMPROVEMENTS C7 EAGLEBEND DRIVE SEC770NS C8 SroN£BRiDGE ROAD SECTIONS C9 DETAIL SHEET C10 DETAIL SHEET C11 BRIDGE GENERAL LA YOU r c12 LARGE MoNUMENr DETAILS C13 SMALL MONUMENT DETAILS C14 BRIDGE RAIL DETAILS E1.0 WEST ELECTRICAL SITE PLAN E1.1 EAST ELEC7RICAL SiTE PLAN QUANTITY SUMMARY ( QUANTITY UNIT 1.0 G04ERAL i.t Madnizatkn 1 LS 1.2 Surer Staksaut i LS 21 Sawcut E.Ming Aaphdt 2840 LF. $a R 22 Full Depth Aephdt Removd 17,744 SF, 6� a F Ag' 23 Roto -MR0.9 - 2' 995 S.F. 24 Remove Ea.U.9 Curb • G.H. 13 LF. --- - - - - -- PROPERTY LINE zY • 25 1 Remove EaMNq Trees 9 EACH ....__........... �g7r_...,....._....... EXISTING EASEMENT • 28 Trmepiant EdsUng Tree 7 EACN 7470 EXISTING 1' CONTOURS - EXISTING 5' CONTOURS S .` _ 27 Rtlomb Lwtlscopa Stonae i LS 28 Rdocote LiSihthg t LS T EOSTING DITCH FLOWLNE Cd FASTING TELEPHONE PEDASTAL WATER VALVE y -d •EXISTING 29 Reloacte Erdetkrg Signs 7 EACH 210 Removal of Eldeth9 BHdge Rae aid Ward Ran 1 LS 211 R-al of U.U.9 Fence 1,072 LF, - EXISTING FIRE HYDRANT EXISTING SIGN 3.0 ROADWAY IR EXISTNG SANITARY MANHOLE EXISTING RBRGATION B 11 Und -IfNd Excovotlon (B-) 382 C.Y. 3.2 Eke Kkodin9 49,077 SF. EXISTING LIGHT POLE EXISTING EDGE OF PAVEMENT 3.3 k -Place Embanknent (Bare) 148 C. Y. X, EXISTING DEL26UOUS TREE X, EXISTING CONIFEROUS TREE 3.4 E-Vat. R-19 (Sae) 474 C.Y. ggL� {{g{g�IIygg 3EE 3.5 9' Oaaa 6 Road Base 209 C. Y. EXI517NG TREE TO BE REMOVED 3.8 6' Gap a Road Bpe fa Patlptrkn Path 208 C.Y. t Ei a$ 3.7 4' Clop 6 Read Bow for 20' Curb • Guttr 23 C.Y. CAS EXISTINNGTR TO BE TRANSPLANTED OR TREE WELL $D $! In 4 pap 6 Rood Base for 25' Curb t Gutter 41 c. Y, O- COSTING GAS 7FZE EXISTING TELEPHONE ..... ,......-... EXISTING ELECTRIC ® EXISTING FENCE EXISTING CABLE PEDASTAL 0 EXISTING ELECDC TRANSFORMER EXISTING ELECTRIC MANHOLE Z O a I. 3 p ; ! 3 �s ySyyyy 6 ,� E 8 8d ..�eFyy�- St- a 3.9 9' Clap 6 Road Bap for Bus PWI Wt 67 C. Y. 3.10 6' Cop 6 Road Bow for Bus Shelter Pod 3 C.Y. 3.11 Apholtic Conorate Patchback 8' Dew 143 TONS 112 Aephdtk Comets - OwrloY - 1.459 TONS d13 Aephdkk Canasta - Fuli Depth 180 TONS 3.14 4' Aephd6c C-0. Pae sdtnian Path 278 77N5 - EXISTING FLOODLIGHTS PROPOSED ROAD CENTERLINE i yB y 4' Wide Solid Gould. Y.11- CanieHka Striping 1,347 LF. .116 3.18 2O' Curb NE Guitar 960 LF. PROPOSED EDGE OF PAVDAENT PROPOSED FLOW LINE PROPOSED TOP BACK O CURB ` $ y .$GG TT p ,99L�L+.+H1 i 681 y B id Curd 3 Gutter 1,342 LF. -.d RIasUo Stop Bar (/5730) 2 EACH PROPOSED EDGE O' SIDEWALK Mewalt Chow i EACH '-�- PROPOSED V CONTOURS pe, dewalk Chile 1 EACH PROPOSED 5' CONTOURS Rol and Wad Rol Rpiaa•nent 1 LS PROPOSED FULL DEPTH ASPHALT/PEDESIRIAN PATH PROPOSED DEMOLITION PROPOSED ROTOMILL PROPOSED CONCRETE - ,v -ar -s- CHANNEL PROTECTION SILT FENCE cc Q W O O p � Q J0 O p U N LL LL 8 Conata Ranps 7 EACH B Comets Bus Pullout 60 C.Y. 3.24 Cap B Can aete Bus Shdtar Pad 3 I C.Y. 3.25 C 6 Co nwts 3' Crop Pan ap 135 LF. 3,26 Cl.. 8 Con- 4' Crop Pan 74 LF. 3.27 SaWder Retaining Won 40 F.F. 4.0 UDUIIES O O~ W 4.1 1 Adpwt SS Monhda RMg and Cover 1 EACH 4.2 Rdaoate I riptkn i 1 LS Z Q W W 4.3 Rtlowte EdeHn9 Fero Hydrant t LS 4.4 Ad).nst Water Valve 2 EACH 4.5 InetMicUon of Street Lights and EectrIc 1 LS • Q Li 4.8 Rtloaatkn and Ad)Ustment of Shoilow UtRltlae / LS 5.0 TRAFFIC CONTROL 4.+ .+1 ' 4•. 5.1 Equipment and Parwrrn 1 t L.S. • S2 5.0 �.��....Z.- T Con bn on__afflc Plan ,- i LS / ti'�'•..1. --' '%, . ('r:0 i• OSION AND SEDIMENT CONTROLS ORAeN eT. ST 6.1 SRt Fwee 2713 LF. G SEM 6.2 10' long, 12 k Dia. Sedknent Contrd Loge 1 5 6.3 R- getatkn 40,050 4EACH OS -0033 6.4 Stonnwater Management Plan t 9i£f Fri Cl OF 14 ,I--q7E 89VCHWARK aFQY 007#0V FDVW REWVAL '�-A I NEAREST FENCE BRAII� OR #WrAlL FVAX BRUNO 2 R07WLL PROPOSO WOE OF B AOAST VAL W OX PA�SfDVr 70 PROPOSM m FAV577W OWE " RaOCAM i=T#VG sms AAV WrIER Ffl To W AWX AS AWOESSAR MR) T. '1I8882' DOW R-3-00 FRCP059V 70 LIB ClR4g I PeAl ADAISr SEXER AIIAWOL Warm7V FROPaSO AWS�W S� 91,M11 C4 7 PROPOSED 70- 8AW OF CM L-78. T-49 RSWW VWMG 6.89 FvVW R-50.0 z IF (100) Ri OV ymRAvr SEE SNEIT C4 EX57M LANDSCAPE SMAES ...... TO W A20r.4 )W As ACOEWARY (r)P) FEDERAL AID PROJECT NUMBER STE M058-002 PROJECT CODE: 15245 1. RaLVA T hRFJa4 77ON AS AfCE551R Y 2 IRMS AAOMA MY AD.14aWr rO ARWOSEV SAWWALK aAW AND OMER TO BE REWORM RROCA MV OR TREE ftU NSMU" AS OF E AW BY TOW CM' A D*V OR DVGAW? PRIOR m sTARr o, covirivomy. L 34353 n cr- LU '44 / x"°10 .....,' TREES m BE IAMS 10 SE IWAASkMim /0� , i MF KM 0SULUD, TRIT MEU WSWUP (rM) Q? 0, ,70 ALcrss4RY Mr.) 04 sueb/1's,01V No 4 GRAPHIC SCALE IN FUT imh - 30 tL S4 MW tr 76 .LI- y T--=50 40 =4 ;z- MAX nwr om rejLm,_ 1— RELOCATE cal Aw MONS 570465 AS AtrESSAR BE Na OV 7W AS MR) MWSS4RY, (nR) L-SM27 AaATr PDVSTAL T-30.14 ro Y S. nrffs m BE miEr #Eu #vsmum /4 RAZOC47 AS -z, r kil Z >0 0 o Jill m LAJ v) z LJ m �1 ST nuw ST a+tnoa Mr. SDA O5a 0033 seer xa C2 OF 14 es FEDERAL AID PROJECT NUMBER STE M058 -002 PROJECT CODE: 15245 { - RELOCA 7E ASS ACCESSARY -606 .27 �•"' . TREES 70 BE MWS LANZID i 707.1 +` �- Q4 TREE MELL 4VSTALLED (7M) w1WW .134277.50 K \`4 `l \�„ +`, 4•- \ �E•k REWW E057MZ' /tt ]BEES E LIE 7RANSr%YAN7ID ' ANO "ar >� x[tL e+srAU.m�frn � i �_ RI0 G F21 O017EPaXY ,p -- _ w RE�iMr D Rgj�RO D l �\ D7s7kw XA °O) �\ CTSiPS Y 'Ta ) fAV PR[XMSE'D mp "cam A Ac4REST m SAW OF CURB S1MWr Liz AVSTALL PROWOSED EDGE CF Fq F A9W* 1.0 Tm- 180.8, • R-34322-07 4A-11 RD1aw�t No... An A7E1 Y i .,� L- 310.91 \ ~ �R T. 55.45 -1�4C R 3427ZO7 _ _..� 1.c J / ro rors T �jsfON \ T. ' Z 70 PRLi^ASED fi/f9I£p ` -• +A"Sr PEDESTAL ^ 70 &TAW AS r" •^'i_ Y (7YP.) I RELOC47E LAhDSGPE \ ♦ SIA1E5 AS ACCESSARY � REZOCAIE / ALA4 Sf BOULDERS t UCYAW ` TBIO Shi7I5 I AS NEGESSAIPY \ J / AS ACCESW ASPNALr TO EE'REW0W J ° RSWW \ Ex7SAN0 SOUDD S ,.. /o-1229a Tm -82 23 — sfitG \ 6. 213850• ' !?� I R- 325.25 ! s Tm.52,17 6.2138 50 REZ04A7E v ` GRAPHIC SCALE Z RALiv�C RELOW AW REPLACE t E#SRNO RWMtiE RAC SEE 91AM7S C11 -CU ( IN FEAT) 3 inch - 80 fL YI [�TERA/ NOIES' 1. RELOCATE # WC1 DLW AS NEGE£SARY. 2 TREES ",mA7ELY AL1i10ENr TO PRLPA4.0 .eEwALX am AND GTIT7EF 70 BE RELMYED, RELOCA 7ED a? TREE HELL MSrALLED AS DE7ER+VIMED BY 70HN L7' AKW CR DVC#&`ER MOP 70 srARr L� GYAYSIROCnow. s --; ) REGtST R.11 rr LQ 2- 4Zt- C(��. 1 E 5 lit NI II �b O ii i �3 ,praeay� a° o tr S Lg O Q p z co Q tto�.. .b O Z LH zz O 3 O 0 o m W w a W -� •.. ST N T FD® 8v: SDA 1 -20 --0066 HNEGf 0. 05 -0033 C.'3 OF 14 FEDERAL AID PROJECT NUMBER STE M058-002 PROJECT CODE: 15245 GENERAL N 25' CURB & GUTTER DENVER AND RIO GRANDE WESTERN RAILROAD (100') 1. ASPHALT OVERLAY MINIMUM OF 21/2'. ADJUST THICKNESS TO Z AGNEVE CROWN AT NEW CENTERLINE NS117ON TO S' CURS. 2. WORK OUTSIDE SLT FENCE TO PERFORMED BY OTHERS DRAINAGE STING DITCH 'Oom I2.50 L PROPOSED FULL SE WATER VALVE DEPTH RAISE MANHOLE - 20.00 81.1, VC VC —37.r VC 8 2 lj��TRG 1-1 RAI CHANNEL BOX TO MATCH 7484 TO MATCH PROPOSED GRADE ASP Y PR E PROIEC ON PROPOSED GRADE EX. 1111 1"* 1448&11 PR. RIM E". 7489.M .15-28 R.L300.00 (TYPE) L-24.01 Ex RIM ELEm R-30O.DO PR. RIM E". 7467,57 4 WIDE SOLID DOUBLE 2.5' R-30G.00 -b -1'41'32* STE b.2WOG* lOO.,v b.4=,Oe, EDGE PROPOSED YELLOW STRIPE T CURB & GUTTER T '43 BENCHMARK T.-7.64 TRANSITION T.-lZOI PC .. . .. . .. . . 80.65 El T E, BEGIN CONSTRUCTION 7476 4 '4" 3+00 PLACE !nAKSM JOINT WE -2 69,71 S64'59*+3*E �-615iiiRLINE 72.251 BETWEE. CU.TpCURB N E)I;ra*. OSED 66.12 67.91 — r— CURB & GUTTER OFFSET: --,—EAGLEBEND DRIVE VE 5=w 0 EDGE PAVEMENT 8.71 'B 7488 7464 CONCRETE F A- AT CENTERLINE -0+14. 04;�. 12.24 W.2 ---- -- STA: 1+5&M F,--.- . ..... . . ...... SI, — - - OR 25.55 75 R LP--COO PR "414 a -K TE 0+71 PA. FEATHER To kLX RAMP Ewj CUM% -,\_PROPOSED IW TYPE A (TYP.) b-079,00 MATCH R 67� fw HYDRANT .50 R STAU 84 _MATCH EXISTING ASPHALT T-1.27 STA.- .5 'It CHASE ST 0. •OFFSET: T.... R SF - 74 AD INV. B".74M.5 40 ELECTRICAL .... .. ..... ............ .......... . . .58 - - - - - - - - - - - - - - FOR LIGHTING 20.00 81.1, VC VC —37.r VC 8 7484 — A 7480 El 7476 4 AT CENTERLINE 7472 — 7488 7464 AT CENTERLINE 7460 — 7456 114;mv .1s -2 G+00 1+00 EAGLEBEND DRIVE CENTERLINE PROFILE /o po r A Z Q 11118888 10 Ills ui z 0 Z 0 < z DO g uj Li Lu ST ST SEM 1-21-01 EO —00-33 arXt Nn C4 OF 14 0+00 rm A5p!lluT 1�'e1oaK � i I PAawmn tin° w a � 1 ti d FEDERAL AID PROJECT NUMBER STE M058-002 PROJECT CODE: 15245 8+00 4+00 uTe Tae Tan >be i FW w di 5+00 9+00 Ply OS VK- 15 as ,ax 1.0 d 6+00 10+00 14 BIUfIOfOE 1 1 1 1 1 1\ I if 74" fill I.- i d d 7+00 0 +00 K� 74U 74n 74M AlN T < dj 0 0 W 7+56.55 Z 11+75.28 R mwt 'Ir z �y 2 i/r -T Tae W 4— I —ri- 14. rx Lu 147Z E G ST GENERA NETEC. 1-20-06 1. A 2% CROW AT THE PROPOSED CENTERLINE IS TYPICAL Na OF 147 1+00 2 I/r I&I K yy TIM p0 ot r H �l -Hk I • I I —m j v& w =j PA� 1+77.37 PlTOem �y . 7=1 itPAip•M( di 2+00 K- I, Ila �-/ P.- 3+00 rm A5p!lluT 1�'e1oaK � i I PAawmn tin° w a � 1 ti d FEDERAL AID PROJECT NUMBER STE M058-002 PROJECT CODE: 15245 8+00 4+00 uTe Tae Tan >be i FW w di 5+00 9+00 Ply OS VK- 15 as ,ax 1.0 d 6+00 10+00 14 BIUfIOfOE 1 1 1 1 1 1\ I if 74" fill I.- i d d 7+00 0 +00 K� 74U 74n 74M AlN T < dj 0 0 W 7+56.55 Z 11+75.28 R mwt 'Ir z �y 2 i/r -T Tae W 4— I —ri- 14. rx Lu 147Z E G ST GENERA NETEC. 1-20-06 1. A 2% CROW AT THE PROPOSED CENTERLINE IS TYPICAL Na OF 147 PART NOTES: OF PART AS NOTED ON PLANS TACK WITH EMULSIFIED OF SIDEWALK 1' ERN. '`- -- '-"' -- II �N SP£ZyAED aV PLANS CURB NOTES TACK WIN EMULSIFIED OPTIMUM MOISTURE CONTENT. WITXTH OF RAMP — SLOPE I/$ PER FOOT �COgqN}�CREITNE� ASPHALT (11 FULL C -\ 8' L THE DETECTABLE WARNINGS SHALL BE INSTALLED 6• SUBOUN ASPHALT AS NECESSARY A COMPACTED TO 95X AT SIDEWALK/STREET TRANSITIONS THEY SHALL RE MADE IN PAVER FORM NTH A TRUNCATED DONE SURFACE. SCARIFY AND COMPACT 8' COURSE COMPACTED TO -� STAND AitD PROCTOR R 0*� THE DOMES SHALL 8E PLACED N A SQUARE GRID. 2 THE TOP -THE DRAINAGE WEEP HOLE SHALL BE LOCATED AT THE LOWEST POINT OF THE DETECTABLE WARNING WELL e• SUBGRADE COMPACTED TO 95X STANDARD PROCTOR A q.. ': \�// /\� SCARIFY AND COMPACT 8' BSX STANDARD PROCTOR \�/ / EXISTING S18 GRADE TO MOISTURE CONTENT. 9371 STANDARD PROCTOR COMPACTED 9570 STANDARD PROCTOR 3. ALL DETECTABLE WARNING AREAS SHALL START A MINIMUM - .,.. OF B INCHES FROM THE FLOW LEE OF THE CURB AND NOT BE MORE THAN A MAXIMUM OF 8 INCHES FROM ANY 24' POINT ON 1} FLOW LANE OF THE CLRB. ALL DETECTABLE WARNING AREAS SHALL BE 24 INCHES IN LENGTH AND COVER THE COMPLETE W107H OF THE RAMP AREA ONLY 4. THE DETECTABLE WARNING AREA SHALL BE INCLUDED CURB N THE COST OF THE CONCRETE CURB RAMP, 8' MIN. TO - FLOW UNE 5. RAMP SLOPES SHALL NOT BE STEEPER THAN 12:1. THE CURB FLAW UNE -. DETECTABLE WARNING AND WELL AREA SLOPES SHALL NOT (SE NOTE 3) BE STEEPER THAN tai. A DETECTABLE WARNING WELL PLAN VIEW OF DETECTABLE WARN /NG AND WELL HE � � D0TE� OF THE BDIAMETER NTS 6 24 8• a� 24' • • j� CURB 1.8' pp,NEg (np.) Flow uNE • w • ANC PAVEFB 6' - B' TO J WIDTH AND FOUNDATION ELEVA_Ti.ON VIEW CUt� FLAW LINE *SHALL EOUAL N N PLAN VIEW BOTH ORREGTIONS. -) (--314 ETA. DRAINAGE WEEP HOLE NTS 770N A —A DOME AND DETECTABLE WARNING DETAILS NTS = iA CUSS V 1/e• X 2' DEEP JOINT i//22 EXPANSIOI/ JOINT FILLED MATH POURED AATERAAL REMOVE ° EXPANSION JOINT FILLER 1/8' x 2' DEEP SAW CUT JOINT. TOP i' AND FILL WITH FILL W/POURED JOINT FILLER. I IT F41 , S' 3' 1 �ygON. 1NT DkTAi @N-- ,iDI,I�DETAIi. CONTRACTION JOIN ttTTii4S FTRETES WALKS OR PATHS LESS THAN 10' WIDE SHALL JOINTED INTO SQUARES EQUAL 3/4' o d. x V -4• EPDXY COATED )O�V CIFIED WIDTH OF THE SIDEWALK AS NOTED ON THE PLANS. EVERY 10th JOINT SMOOTH BARS O tY SPACING. {TRANSVER ) SMALL BE AN EXPANSION JOINT (60' D.0 MAX). HALF OF DOWEL LENGTH SHALL BE EXPANSION JOINTS SHALL BE PLACED WHERE NEW CONCRETE ABUTS EXISTING CONCRETE COATED W /AN APPROVED BOND BREAKER. ' CONSTRUCTION JOINTS SHALL BE USED AT COLD JOINTS WHERE REQUIRED BY THE ENGINEER • ALL CUFIS h GUTTER, CROSSPANS, AND AT GRADE DRIVEWAYS AND INTERSECTIONS SHAD. HAVE CONTRACTION JOINTS SPACED AT 10' O.C. MAXIMUM (OR N ACCORDANCE NTH THE DETAILSZ EVERY FIFTH OR SIXTH JOINT (TRANSVERSE), DEPENDING ON SFDEWA.K WIDTH AND JOINTINO, SHALL NAVE AN EXPANSION JOINT. EXPANSION JOINTS IN SIDEWALK. CURB h GUTTER AND CONCRETE PANS SHALL MATCH. TYPICAL CONCRE7F JOINTS NTS FEDERAL AID PROJECT NUMBER STE M055 -002 PROJECT CODE: 15245 2 11Y (MIN.) ASPHALTIC CONCRETE. OVERLAY ° COMPACTED TO 9511 STANDARD PROCTOR ° c EXISTING ASPHALTIC CONCRETE 2 EXISTING BASE COURSE' EXISTING SUBGRADE 1,^� TYPICAL ASPHAL T SECT70N WITH OVERLAY IV TS IF s: � f/' . ; NOTES: BUTTER AS AS NOTED ON PLANS TACK WITH EMULSIFIED 3' ASPHALTIC CONCRETE COMPACTED TO 959 PA VENE,VT 1' ERN. '`- -- '-"' -- II �N SP£ZyAED aV PLANS ASPHALT G TACK WIN EMULSIFIED OPTIMUM MOISTURE CONTENT. ASP��HyVA.ELLRRTILCCA� SLOPE I/$ PER FOOT �COgqN}�CREITNE� ASPHALT (11 FULL TOR -\ STANDARD PROCTOR STANDARD PRO Ir CLASS 6 BASE COURS 6• SUBOUN ASPHALT AS NECESSARY CDMPACTED TO COMPACTED TO 95X 95X STANDARD PROCTOR SCARIFY AND COMPACT 8' COURSE COMPACTED TO -� STAND AitD PROCTOR R 0*� —(- �- r,..: •': SUBGRADE COMPACTED TO 95X STANDARD PROCTOR COURSE COMPACTED TO -- -..�,� PAVEMENT NOSING ': \�// /\� SCARIFY AND COMPACT 8' BSX STANDARD PROCTOR \�/ / EXISTING S18 GRADE TO MOISTURE CONTENT. 9371 STANDARD PROCTOR COMPACTED 9570 STANDARD PROCTOR N. KS IF s: � f/' . ; EXISTING PAVEMENT SECTION EXISTING ASPHALT SHALL BE TACKED WITH EMULSIFIED ASPHALT SAWCUT AND REMOVE EXISTING PAVEMENT AND BASE SAWCUT DETAIL NTS EXISTING GR(XJND\ / e 1, / �� • \ �. l A NOTES: BUTTER AS AS NOTED ON PLANS TACK WITH EMULSIFIED 3' ASPHALTIC CONCRETE COMPACTED TO 959 PA VENE,VT 1' ERN. '`- -- '-"' -- II �N SP£ZyAED aV PLANS ASPHALT STANDARD PROCTOR SURFACE OPTIMUM MOISTURE CONTENT. ASP��HyVA.ELLRRTILCCA� SLOPE I/$ PER FOOT �COgqN}�CREITNE� CEMENT TOR -\ STANDARD PROCTOR STANDARD PRO Ir CLASS 6 BASE COURS 6• SUBOUN ASPHALT V MIN. CDMPACTED TO COMPACTED TO 95X 95X STANDARD PROCTOR SCARIFY AND COMPACT 8' COURSE COMPACTED TO -� STAND AitD PROCTOR 1. ALL ASPHALT. TACK GOAT, AND PRIME COAT, MATERIALS —(- �- r,..: •': SUBGRADE COMPACTED TO 95X STANDARD PROCTOR COURSE COMPACTED TO -- -..�,� PAVEMENT NOSING ': \�// /\� SCARIFY AND COMPACT 8' BSX STANDARD PROCTOR \�/ / EXISTING S18 GRADE TO MOISTURE CONTENT. 9371 STANDARD PROCTOR COMPACTED 9570 STANDARD PROCTOR N. KS EXISTING PAVEMENT SECTION EXISTING ASPHALT SHALL BE TACKED WITH EMULSIFIED ASPHALT SAWCUT AND REMOVE EXISTING PAVEMENT AND BASE SAWCUT DETAIL NTS EXISTING GR(XJND\ / e 1, / �� • \ �. l A NOTES: MEW GYMS ! p/ITDP EXISTING ASPHALT 1. ALL ASPHALT TACK COAT AND PRIME COAT, MATERIAS AFND WORKMANaHIP SHALL 2' VARIES 271 COMPLY WITH MUNICIPAL REQUIREMENTS. 1' ERN. '`- -- '-"' -- II �N 2 ALL CUT TO STRAGHT SAND CLEAN E REMOVED IS TO TIHC- BW,....,.?,. .' � e. "� •' - - � voS' USING POWER SAW. 3. SOILS TO BE PLACES AT - 2 TO +2X OF o 0 000000000 °oaoao TACK WITH EMULSIFIED OPTIMUM MOISTURE CONTENT. ASP��HyVA.ELLRRTILCCA� SA WCUT �COgqN}�CREITNE� CEMENT TOR -\ STANDARD PROCTOR STANDARD PRO 9' CUSS 6 BASE COURSE 6• SUBOUN ASPHALT V MIN. EXISTING PAVEMENT SECTION EXISTING ASPHALT SHALL BE TACKED WITH EMULSIFIED ASPHALT SAWCUT AND REMOVE EXISTING PAVEMENT AND BASE SAWCUT DETAIL NTS EXISTING GR(XJND\ / e 1, / �� • \ �. l A WASHED ROCK (TYP) UBLE SIDED MIRADRAIN 4' CLASS 6 BASE ION OR EOLXV. TYP COURSE COMPACTED TD ( ) 95X STANDARD PROCTOR )RATED PVC (TYP) IRAN (TYP) ASPHALnCCONCRETE 8pA�ES TD I9 -Sx STANDARD PROCTOR ,r •G T7 •4 4* ASPHALTIC CONCRETE IN TWO LIFTS COMPACTED To 95j� 9' MASS 6 BASE COURS] STANDARD PROCTOF COMPACTED TO 95X STANDARD PROCTOR WARFY AND COMPACT 8- EXISTING SUB GRADE TO 9SX STANDARD PROCTOR MLL DEPTH ♦ CONS7RUC77ON ♦ N 12' 1.. 8' CLASS 8 FIBER I REINFORCED CONCRETE 95XPACTO TO STANDARD PROCTOR 2' CURB AND GUTTER DETAIL NTS 4 CLASS 6 BASE COURSE COMPACTED TO 95X STANDARD PROCTOR 24' (=( i 1/2' R a° ep A `4 8' CLASS B FIBER REINFORCED CONCRETE 6' SUBGRADE 25X STANDARD STANDARD PROCTOR 2.5' CURB AND GUTTER DETAIL NTS SAW CUT MEW GYMS ! p/ITDP EXISTING ASPHALT 2' VARIES 271 1' ERN. '`- -- '-"' -- II �N 4' ASPHALTIC CONCRETE TIHC- BW,....,.?,. .' � e. "� •' - - � voS' COMPACTED TO 95X 4' CLASS 6 BASE o 0 000000000 °oaoao TACK WITH EMULSIFIED STANDARD PROCTOR COURSE COMPACTED TO o a0e0o0a0o0o a ASPHALT 95X STANDARD PROCTOR o0o Ir HOT BITUMINOUS ASPHALT 6' PLACED IN TWO UFTS TACK W74 EMULSIFIED 9' CUSS 6 BASE COURSE 6• SUBOUN ASPHALT COMPACTED TO BELIE CDMPACTED TO STANDARD PROCTOR 95X STANDARD PROCTOR SCARIFY AND COMPACT 8' COURSE COMPACTED TO -� BASTING % STANDARD PROCTOR 1. ALL ASPHALT. TACK GOAT, AND PRIME COAT, MATERIALS —(- �- AND WORKMANSHIP SHALL COMPLY WTH MUNICIPAL SUBGRADE COMPACTED TO 95X STANDARD PROCTOR REQUIREMENTS PAVEMENT NOSING 2 ALL ASPHALT WHICH IS TO BE REMOVED IS TO BE OUT PER PAVEMENT SECTION TO A STRAIGHT AND CLEAN EDGE USING A POWER SAW. 3. SOILS TO BE PLACED AT - 2 TO +2X OF OPTIMUM MOISTURE CONTENT. PA TCHBACK ® CURB N. KS WASHED ROCK (TYP) UBLE SIDED MIRADRAIN 4' CLASS 6 BASE ION OR EOLXV. TYP COURSE COMPACTED TD ( ) 95X STANDARD PROCTOR )RATED PVC (TYP) IRAN (TYP) ASPHALnCCONCRETE 8pA�ES TD I9 -Sx STANDARD PROCTOR ,r •G T7 •4 4* ASPHALTIC CONCRETE IN TWO LIFTS COMPACTED To 95j� 9' MASS 6 BASE COURS] STANDARD PROCTOF COMPACTED TO 95X STANDARD PROCTOR WARFY AND COMPACT 8- EXISTING SUB GRADE TO 9SX STANDARD PROCTOR MLL DEPTH ♦ CONS7RUC77ON ♦ N 12' 1.. 8' CLASS 8 FIBER I REINFORCED CONCRETE 95XPACTO TO STANDARD PROCTOR 2' CURB AND GUTTER DETAIL NTS 4 CLASS 6 BASE COURSE COMPACTED TO 95X STANDARD PROCTOR 24' (=( i 1/2' R a° ep A `4 8' CLASS B FIBER REINFORCED CONCRETE 6' SUBGRADE 25X STANDARD STANDARD PROCTOR 2.5' CURB AND GUTTER DETAIL NTS 4' CROSSPAN DETAIL NTS CLASS P FIBER REINFORCED CONCRETE TACK WITH EMULSIFIED ASPHALT 1.5' PA�QNT :X7RFA� 6' TACK WITH EMULSIFIED 6' ASPHALT 1.5' 4� �s �a S Q L $ bilE • O O 0= LU V7 0 U.I O 10 I0 FO N Q Z Q- < Lo oho z La LLQ w f5 LU O CJ9 Z W 30 en EST al,Xao Br. S� OAIE ®JFa 1 -2�-OB CLASS P FIBER REINFORCED CONCRETE PA TACK WATH EMULSIFIED ASPHALT PA �W731RF �EA/7 SUgFA�, yiRFA� 2' AGE PA.h3/'Qii , 6' - •. :. . TACK PATH EMULSIFIED ASPHALT CLASS 6 BASE CLA55 6 BASE 8' COURSE COMPACTED TO -� COURSE COMPACTED TO 93IE STANDARD PROCTOR \ \ —(- �- 95X STANDARD PROCTOR SUBGRADE COMPACTED SUBGRADE COMPACTED TO 95X STANDARD PROCTOR TO 95X STANDARD PROCTOR 4' CROSSPAN DETAIL NTS CLASS P FIBER REINFORCED CONCRETE TACK WITH EMULSIFIED ASPHALT 1.5' PA�QNT :X7RFA� 6' TACK WITH EMULSIFIED 6' ASPHALT 1.5' 4� �s �a S Q L $ bilE • O O 0= LU V7 0 U.I O 10 I0 FO N Q Z Q- < Lo oho z La LLQ w f5 LU O CJ9 Z W 30 en EST al,Xao Br. S� OAIE ®JFa 1 -2�-OB GEmul NOTES 1. A'ECM CARE SOUL E TARN IN 30 LOL'ARW TO DOW AN UNOBSTRUCTED VIEW OF EACH UK 2 M"W"M POST p &a DULL E Y EIX U-2 Po514 k6r t•)N' INNER S FOR t'l.• WIBFR PC4M FCR FGCiMtO OEPSI SEE THE 1 YBMW LASPAL FLNIEMOtT a MEA9AE'D FROY FACE OF OM OR FROM ANY SURFACE PREPARED FOR NOEML OR EEEROMCY RRAYEL Cf VIMICUL l NOBW. UTFRN. ALACESEN71 R YFA9MED FROM RE EDE OF TMYB DANE A M URBAN AREAS A LATRRAL OEMAWE 6 1' FROM 'Rf OATB FAQ 0 pry�gCl� Rl 8E IW7R 6 LRAiFD Ot MERE E1�WNC A & A Y MARE POET LDHSR� 9W1. E MAINTAINED FROM BOTTOM OF SO PNFS THE 7, A PZ 1 � BIG71 . ME O FART m BOTCH a &R! PANE TO RE ORORO OR 'WP OF U FOOBNO UMFSS OREORWBE RCICAIED OM / }MICAS'.. PVigRS' FOR SHA0. "IS'IRI. NOT E ERtf A PLACDENT B N OR ICE FOR 9W81MRWT A SURiOQttM. PI fly FOI 9BIS WIN II.�Y9RTLFJRFfTAL PANEL. tBARCAL P.ACEME /T E GOES HOTO APPLY - USE CNLY VFRRMN. RACBW LL TO M AMOAAR PLACEIENi W 0', SOME CUSM USING) SJWTLY iHN R SNOAD E SPECOIAR ML CQOKSU6 PLACED Y OR MOE EDUIDD Y BE I SW THE ROAD ii. PEST RIAU E RWTAUED PJAM W711MA1 DE nom SHALL NOT Etxml/A' N 10'. PLACEMENT TABLES LAMS+ PLACEMENT Vf rnmma RA6HENT I MFHAAI I I W MAXMUW IQY ALL CLASS SRfEiS AND EARRW OF MOAMYS NOWAL KEY FIEMYS AND E 'AYS CONY4mONN. SRIMB AND UIWN1 MOiWAYS I mm • A 7- 1A' D -G' OR NOTE N0. 10 - Y0' S-G' B DA# 0 TEN50N RINGS * ARCN FABRON TO t SUE AR164i3 1. • B NOTE ft + ! ROD F -0' W NOTE N0. 10 Y-C S-0' G -0• B'-0' 4-0• •C r-r t VIDE NO, '� H -0' B'-0' 4'-7 ELAN Y - B i/2' MINIMUM COVER, SEE S'EUFICArIS i k TRACM WERE 70P OF BEDDING E HYDRANT SHOE N.T.S. BUS SHA ASPHALT PAD SIDEWALK TACK x TENSON* Rt v S" COMPACTED ` G BR} AA WIRE FASTENERS SUBGRADE T I R 1Y1 B DA# 0 TEN50N RINGS * ARCN FABRON TO t SUE AR164i3 1. BASE r IEATICAL CURB AND OUTIER + ! ROD TYPICAL BUS SHELTER PAD A NTS I T110X 9WL EAT GF RE CWIRKTOR r 4..-- 10' MAX. Y - B i/2' MINIMUM COVER, SEE S'EUFICArIS i k TRACM WERE 70P OF BEDDING E HYDRANT SHOE MACE BAND POST VROUND PIPE ASPHALTIC CONCRETE © x TENSON* Rt v MY ` G BR} AA WIRE FASTENERS N T T I R 1Y1 B DA# 0 TEN50N RINGS * ARCN FABRON TO t SUE AR164i3 HOG SECRAE.S R 121 VDWJ LY t AT m' IIORIVINOLLY. r IEATICAL CURB AND OUTIER + ! ROD TRIM OR 'RWMEuclu Sfax S' IV V CH I T110X 9WL EAT GF RE CWIRKTOR AX 3' IX2 CONCRETE BASES �' tAlE54 DRpAE 4OAN W 1E NiY6 + EYE PAL EL NM E AWARD FOR 3f,42- OR 4C CODE I NOW 1pOOi 9 ML FOR FIRM WDi RSL -AXWO sm BBEXO 6 1r EDDR THE TOP AE. FENCE BRACE DETAIL \ • NTS vomm NI14 . A t EASC�EUa✓cJ „` LSE or Poses A1011E ffE 0YOS ac VE FEMf r ARE TAPEftID tffAU M DOWU V 0E S 407Vr BMN .. SELaWENT SNICKED w RSS47 V EEN 7FE ACCE44XA IM 00117 REACfk'S 18 #VOAM Wfi9i SECWE WW AnON 1S fSTA&,%M60 AA0 PERMANENT ERQACW CAY7R0'. AEASMPES ARE 1N Pucc 0E AMINE SST FENCE 9YIXA0 E REWOMEU SILT FENCE DETAIL TACK WIIH a: ASPHALT iCLASS 6 BASE OOUj BUS GRADE FEDERAL AID PROJECT NUMBER STE M058 -002 PROJECT CODE: 15245 LOCIAW FAST ro �- E�AR�+G aFFItE / / �� eNE' JX7AFS SAT Q AYY AAE ro AF gpRRl9VI ;/, F / 7W Pa°b°iieTN 4 ML „t ALA49C YMAW EAPRIO 0.111 S/R' REFACE A%4 - s^ F. .i � -PLAN m FT AL � u�+uRffG TYPMAE � Asl•rpN MINIMUM BEnRo�G SURFACE (SF) MINIMUM BEARING SURFACE (SF) Fm Im Tn 9An PCI Y - B i/2' MINIMUM COVER, SEE S'EUFICArIS i k TRACM WERE 70P OF BEDDING E HYDRANT SHOE . ASPHALTIC CONCRETE © x OVERLAY �a• yMi COMPAC TO 9 REUSE EXISTING COVER v --- 1 4• �- STANDARD PROCTOR ®.amour ®m T I R VALVES FOR FIRE HYDRANTS 3 8X8 -10X10 WELDED REINF. MESH XS TO THE WATER MNN, FIRE NTS SHALL E mmmo r IEATICAL CURB AND OUTIER EXISTING ASPHALT ''' SAT. `^"%' ., EXISTING BASE �mo�oo 31W ROLLO STEEL TREAD PLATE CODE Y74', LjAX i -f /4' BiCT10N A -A 1/2'XI' RUT HEAD MACH. SCREW BRASS v� \ • f� W81E8 OR ELECTRO- GALVANIZED FINISH. 18' MAX O.C. FIRST SCREW 6' FROM EDGE vomm - ` ... ©o ' PRECAST REINFORCED ANGLE IRON TO E DRILLED AND CONC. RINGS -1 -1 14'X1 -i 14•X1 14' THREADED TO RECEIVE PORTLAND CEMENT SUBGRADE • MORTAR BEDS _ •• SUBGRADE CONCRETE TO E DRILLED ALLOW SCREW MANHOLE CONE • AiAJL ALLOWABLE $PAN 12 MIN. 10' FIEMBLE BASE, O' FOR 3/03- PLATE TYPICAL BOTH 9DE5 MIN. 8' ASPHALT STABIU2ED, NOTES: OR MIN. 7' CUSS °A' CONCRETE =12'TION C-C 1. MORTAR BEDS SHALL NOT EXCEED 1'. 3' BAR WELDED AT 1Y TYPICAL BOTH SIDES 2. SUBGRADE AND BAS: MATERIALS SHALL E COMPACTED ACCORDING TO STANDARD SPECIFCATION& SIDEWALK CHASE MANHOLE ADJUSTMENT DETAIL DETAIL FOR DRAINAGE UNDER SIDEWALK NTS FEDERAL AID PROJECT NUMBER STE M058 -002 PROJECT CODE: 15245 LOCIAW FAST ro �- E�AR�+G aFFItE / / �� eNE' JX7AFS SAT Q AYY AAE ro AF gpRRl9VI ;/, F / 7W Pa°b°iieTN 4 ML „t ALA49C YMAW EAPRIO 0.111 S/R' REFACE A%4 - s^ F. .i � -PLAN m FT AL � u�+uRffG TYPMAE � Asl•rpN MINIMUM BEnRo�G SURFACE (SF) MINIMUM BEARING SURFACE (SF) Fm Im Tn 9An PCI t. YWNIAi RF81RNIi8 MALL E UR ®N CWARRTAXI YA/X 1NNW01COES : YAW W NG EOAIIO 'YL E 9uT Of NI .-AOI MAN s Au RAARr Ems axNL E rANm tfa NNAw RROORBR NODE YAiDSAL SHALL E J/S PLYIIGOD F1W>oAE aP ma0 e/a NOTE VALVES SHALL NOT E INSTALLED IN BAR DITCHES PROPOSED LOCATIONS SHALL BE APPROVED BY THE DISTRICT PRIOR TO INSTALLATION. INSULATED 10 GAUGE COPPER TRACER WIRE SHALL BE INSTALLED IN THE WATER MAIN TRENCH, SURFACING OUTSIDE THE MAINLINE VALVE BOXES AND NEXT TO ALL FIRE HYDRANTS. CAD -WELDS SHALL BE WELDED AT ALL WATERLINE JOINTS AND FITTINGS AND PRO- TECTED WITH COAL TAR THE CONTRACTOR SHALL TEST CONDUCTIVITY OF THE PIPE AND TRACER WIRE. . MARKING TAPE TO ' E PLACED 24' GUARD VALVE WILL ABOVE PIPE OR E LOCATED ON THE ANY PROTRUSION � TES OFF THE MAIN SEE W -7 MAINS TO E fOR DEM WER mA `•- -� BOND BREAKER s CONCRETE THRUST 4-1/2' PUMPER NOW (FACE TO TRAVELED WAY) �T S� BREAKABLE FLANGE 6' MIN. - Ir MAX ABOVE GROUND 9)jACE t 80' MAX R VALVE BOX AGO GAZE i VALVE MEGALUG Y - B i/2' MINIMUM COVER, SEE S'EUFICArIS i k TRACM WERE 70P OF BEDDING E HYDRANT SHOE EXISTING ._.�. ��LEiEa3I' © © ©oom v ®mo v ®.amour ®m R VALVES FOR FIRE HYDRANTS 3 E RESTRAINED WITH XS TO THE WATER MNN, FIRE NTS SHALL E mmmo INED VAIN MECAW/S TO THE VALVE. MOALUG RESTRAINTS ®mmmmm ED IN CONJUNCTION WTH ®m ®mm �mo�oo ®m® �o�mom v� ®moo vomm t. YWNIAi RF81RNIi8 MALL E UR ®N CWARRTAXI YA/X 1NNW01COES : YAW W NG EOAIIO 'YL E 9uT Of NI .-AOI MAN s Au RAARr Ems axNL E rANm tfa NNAw RROORBR NODE YAiDSAL SHALL E J/S PLYIIGOD F1W>oAE aP ma0 e/a NOTE VALVES SHALL NOT E INSTALLED IN BAR DITCHES PROPOSED LOCATIONS SHALL BE APPROVED BY THE DISTRICT PRIOR TO INSTALLATION. INSULATED 10 GAUGE COPPER TRACER WIRE SHALL BE INSTALLED IN THE WATER MAIN TRENCH, SURFACING OUTSIDE THE MAINLINE VALVE BOXES AND NEXT TO ALL FIRE HYDRANTS. CAD -WELDS SHALL BE WELDED AT ALL WATERLINE JOINTS AND FITTINGS AND PRO- TECTED WITH COAL TAR THE CONTRACTOR SHALL TEST CONDUCTIVITY OF THE PIPE AND TRACER WIRE. . MARKING TAPE TO ' E PLACED 24' GUARD VALVE WILL ABOVE PIPE OR E LOCATED ON THE ANY PROTRUSION � TES OFF THE MAIN SEE W -7 MAINS TO E fOR DEM WER mA `•- -� BOND BREAKER s CONCRETE THRUST 4-1/2' PUMPER NOW (FACE TO TRAVELED WAY) �T S� BREAKABLE FLANGE 6' MIN. - Ir MAX ABOVE GROUND 9)jACE t 80' MAX R VALVE BOX AGO GAZE i VALVE MEGALUG Y - B i/2' MINIMUM COVER, SEE S'EUFICArIS i k TRACM WERE 70P OF BEDDING E HYDRANT SHOE EXISTING ._.�. ��LEiEa3I' ®m v ®mo BEDDING, SEE _ ®m R VALVES FOR FIRE HYDRANTS 3 E RESTRAINED WITH XS TO THE WATER MNN, FIRE NTS SHALL E mmmo INED VAIN MECAW/S TO THE VALVE. MOALUG RESTRAINTS ED IN CONJUNCTION WTH ®m ®mm ®m® �o�mom vomm ©o t. YWNIAi RF81RNIi8 MALL E UR ®N CWARRTAXI YA/X 1NNW01COES : YAW W NG EOAIIO 'YL E 9uT Of NI .-AOI MAN s Au RAARr Ems axNL E rANm tfa NNAw RROORBR NODE YAiDSAL SHALL E J/S PLYIIGOD F1W>oAE aP ma0 e/a NOTE VALVES SHALL NOT E INSTALLED IN BAR DITCHES PROPOSED LOCATIONS SHALL BE APPROVED BY THE DISTRICT PRIOR TO INSTALLATION. INSULATED 10 GAUGE COPPER TRACER WIRE SHALL BE INSTALLED IN THE WATER MAIN TRENCH, SURFACING OUTSIDE THE MAINLINE VALVE BOXES AND NEXT TO ALL FIRE HYDRANTS. CAD -WELDS SHALL BE WELDED AT ALL WATERLINE JOINTS AND FITTINGS AND PRO- TECTED WITH COAL TAR THE CONTRACTOR SHALL TEST CONDUCTIVITY OF THE PIPE AND TRACER WIRE. . MARKING TAPE TO ' E PLACED 24' GUARD VALVE WILL ABOVE PIPE OR E LOCATED ON THE ANY PROTRUSION � TES OFF THE MAIN SEE W -7 MAINS TO E fOR DEM WER mA `•- -� BOND BREAKER s CONCRETE THRUST 4-1/2' PUMPER NOW (FACE TO TRAVELED WAY) �T S� BREAKABLE FLANGE 6' MIN. - Ir MAX ABOVE GROUND 9)jACE t 80' MAX R VALVE BOX AGO GAZE i VALVE MEGALUG Y - B i/2' MINIMUM COVER, SEE S'EUFICArIS i k TRACM WERE 70P OF BEDDING E HYDRANT SHOE EXISTING ._.�. i $ BEDDING, SEE _ SPECIFICATIONS' R VALVES FOR FIRE HYDRANTS 3 E RESTRAINED WITH XS TO THE WATER MNN, FIRE NTS SHALL E MINIIMUM-- SOUARE INED VAIN MECAW/S TO THE VALVE. MOALUG RESTRAINTS ED IN CONJUNCTION WTH THRUST BLOCKS HYDRANT CLEARANCE DIAGRAM THERE ARE NO ABOVE GROUND OBSTRUCTIONS ALLOWED IN THESE AREAS FRONT - - -10 FEET OF CLEARANCE SOES --- 7 FEET OF CLEARANCE REAR - - -4 FEET OF CLEARANCE ABOVE - - -20 FEET OF CLEARANCE FIRE HYDRANT RELOCATION DETAIL NTS FLAG ON HYDRANT TO LOCATE IN VANIER WHEN HYDRANT IS COWERED IN SNOW. RELOCATE EXISTING HYDRANT 2 -1/2' CONNECTION BRING 10 GAUGE INSULATED , COPPER WERE 70 SURFACE AT ALL FIRE HYDRANTS AND CONNECT TO MAIN LINE TRACER LINE I . i- BOND BREAKER CLASS B CONCRETE THRUST BLOCK CONNECT TO EtOSTING EXTEND PIPE AS NEEDED. SEE PLANS DO NOT BLOCK FIE BETE HYDRANT DRAIN WITH X BASE OR THRUST BLOCK HYDRANT DRAIN PIT, PIC 171/2 OR 3/44 DE WASHED ROCK i Ss l iq ,j11 it a Om° ,E$A8 98 O K O 0 Z U � W O K V CIL N L) z Lu O Z UJ a ui CO V) O a W p ST PAa,Tn w: SEAR DATE RaAU 1 -20-06 GUARDRAIL TYPE 3 AND = TER 6'-3* FEDERAL AID PROJECT NUMBER STE M053-002 MINAL SECTION ROW LINE PROJECT CODE: '15245 (FLARED) EXISTING (POSTS 0 6*-3- MAX.)(TYP. GUARDRAIL BRIDGE RAIL EACH SIDE) LENUM 179 -5 :LT FIEM V I, Y ROW LINE_______7' _A 2 Op >__ SMALL PROP(5$ED BUS ST MONUMENT LARGE PEDESTRIAN RAIL MONUMENT SEE CIVIL ORAWINGS14, (TYP v_Yp.) R STONEBRIDGE D NE D; EXISTING GUARDRAIL BICYCLE RAIL . . ........ "nORAG , E - END TRANSITION TYPE 3L I 25'-0' ANL ANCHORAGE I L. ' TANGENT TO TYPE 3K L = 25'-0* TYPE 3K I TANGENT TO BRIDGE RAIL L 12'-61 1:t�2 -egRIDGE RAIL PLAN SCALE: I' - 10' ROW LINE POST IN APPR OACH, {TOTAL (3) POSTS RESET EXISTING ON GROUND SICyN WINGWALL cls! ASPHALT -AND EXCAVATEAS NECESY T&� CONSTRSARUCT I MONUMENTS (sp'), rn RESET'EXISTING (3} PASTS GROUND SIGN ON BEHIND PROPOSED WIN ,WALL GUARDRAIL I i ..'4 z t" (3) POSTS ON RESET EXISTING G %ND 'SIGN n PROPOSED DESIGN DATA AASHT0, 17th EDITION GENERAL NOTES ALL WORK SHALL BE DONE ACCORDING TO THE STANDARD SPECIFICATIONS FOR -RCAD AND BRIDGE, CONSTRUCTION OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, 2005 APPLICABLE TO THE PROJECT. THE CONTRACTOR SHALL FIELD VERIFY ALL DEPENDENT DIMENSIONS PRIOR TO -PABRicAnON OF ANY ELEMENT. DISCREPANCIES IN THE PLANS OR REVIEW OF SHOP CONSULTIN"G" 01,10-NEER'S DRAWINGS SHALL NOT ELIMINATE CONTRACTOR'S RESPONSIBIU-TY FOR FIELD VERIFICATION. CDOT STANDARD PLAN M-606-1 IS TO BE USED TO CONSTRUCT THIS PROJECT. FISTS : (3) I 0 THE INFORMATION SHOWN ON THESE PLANS CONCERNING THE TYPE AND LOCATION tA ON V C; I I i �' I , 11 OF UNDERGROUND UTILITIES IS NOT GUARANTEED TO BE ACCURATE OR ALL W, GWALL Pf4 INCLUSIVE. THE CONTRACTOR IS RESPONSIBLE FOR MAKING HIS DETERMINATION AS TO THE TYPE AND LOCATION OF UNDERGROUND UTILITIES AS MAY BE OWN 10 NECESSARY TO AVOID DAMAGE THERETO. THE CONTRACTOR SHALL CONTACT THE UTILITY NOTIFICATION CENTER OF COLORADO AT 1-800-922-19157 AT LEAST RESET EXIST NO DAYS (NOT INCLUDING THE DAY OF NOTIFICATION) PRIOR TO ANY EXCAVATION OF OTHER EARTH WORK, GROUND SION... '0435 BEHIND PROPOSED GUARDRAIL REMOVAL PLAN SCALE: 1" = 20' 4G-lofj rri I R O 0 o z xas cc W Z < C41 ,0F 14 V-9, ABUTMENT CORBEL BACK FACE OF EXISTING ABUTMENT (3) SPA. '3- CLR. 0 6' CORNER OF EXISTING WINGWALL ABUTMENT CORBEL PLAN SCALE: I^ = 1'-0' OFFSET ANGLE Y4* FILL GAP W1 HARDENED WASHERS, LOCAt MONUMENT AT CORNER OF EXISTING WNGWALL DRIH AND EPDXY GROUT WITH HILT] HIT HY150 OR ENGINEER APPROVED ALTERNATE. 5 EMBEDMENT. TYP. TOP OF EXISTING ABUTMENT W(3) #4 TIES 16 EQUALLY SPACED .1 (3) #5X :-1 15X -:1 M 3' VOID FORM BACK FACE OF EXISTING ABUTMENT ABUTMENT CORBEL SECTION SCALE: 1' = I'-0' 4' MAX CAP AT 3 )J-O PIPE RAILS AT LARGE MONUMENT BACK FACE OF TS5X5 AND TS4X4 BACK FACE OF 21h-0 PIPE RAIL ABUTMENT CORBEL BELOW BACK FACE OF CONSULTING ENGINEE EXISTING ABUTMENT r--iLmoi— i al 3" THICK CAP STONE 5' THICK RIVER ROCK VENEER (TYP-) J4 TIES 0 12' MAX 2'-0' I WEST MONUMENT SCALE: I' - V-0" WRAP END OF Ir , .-* RAILS IN 72- EX �; 0, E Z JOINT MA TO TERLAL PR OR -oo L43;i ADDITIONAL TUBE AT EXISTING ASPHALT RAMP TOP OF EXISTING APPLYING, STONE FACING WINGWALL REPAIR AFTER SIDEWALK Q.: CONSTRUCTION ON AV WEST MONUMENT SCALE: 1*' = 1'-0' R 0 E WO N' U MI NT P L k K JDENVER, COLORADO — (8,1#5 EQUAL SPACING (3 SIDE) JUNCTION 80) AND CONDUIT LIGHT FIXTURE INSTALLATION. LIGHTING (8)16 EQUAL SPACING (3 1 SIDE) EAST MONUMENT SCALE 1' - 1'-0" r— 2'-0- MONUMENT SECTION SCALE.* 1" = 1*-0" ?4 GA. (MIN.) WIRE TIES 21 2' O:C. OVERT, AND iORZ, MAX.) ATTACHMENT 70 CONCRETE CORE BY *VE TAIL ANCHOR SLOTS IR OTHER METHOD TO tE APPROVE PRIOR TO 4STALLA71M DRILL AND EPDXY GROUT WITH HfLT1 HIT HY1150 OR ENGINEER APPROVED ALTERNATE. 6 A" EMBEDMENT. TYPE Jill all EAST MONUMENT SCALE: I' = 1'-0' %-o X 5- H.A.S. 1!3 o < O V 'm 00 Z 0 uj m 0 0 z w M (m ae Dx 2/WOO us I 3" THICK CAP STONE (8)#5 EQUAL I SPACING (3 PER SIDE) 24 GA. (MIN,) WIRE TIES 0 2' O.C. (VERT- AND HORZ. MAX.) ATTACHMENT TO CONCRETE CORE BY DOVE TAIL ANCHOR SLOTS OR OTHER METHOD TO BE APPROVE PRIOR TO INSTALLATION. DRILL AND EPDXY GROUT WITH HILT] HIT HY150 OR ENGINEER APPROVED ALTERNATE, 5 EMBEDMENT. TYP. (3)#5x L (3)15X 1' -13142- SMALL MONUMENT SECTION SCALE: I' LOCATE MONUMENT AT WIP FOOTING BELOW of i SMALL MONUMENT PLAN SCALE: 1' = I'-0* 12 TYP WEST MONUMENT SCALE: 11' - l'—O* HOLD STONE FACING h' CLEAR OF TE SECTION CON I I LONCO, W. CONSULTING ENGINEERS 29435 -0 ON A, DENVER COLORADO ADDITIONAL TUBE AT WINGWALL 1" 1. EAST MONUMENT SCALE- 1' — V—O' SEE STD. M-606-1 FOR TERMINAL SECTION CONNECTOR, 4'0 A449 THREADED ROD (TOTAL 4) HEX NUT AND LOCK WASHER, DRILL AND EPDXY GROUT WITH HILTI HIT HY ISO OR ENGINEER APPROVED ALTERNATE. 11' EMBEDMENT, 2%- MAX � ROZCIION, GUARDRAIL ATTACHMENT SCALE: I" = V—O" %-0 X 6' H.A.S. J.A WINGWALL SECTION SCALE. 1 1/2' = 1*—o' NOTE, PEDESTRIAN RAIL SHOWN BICYCLE RAIL SIMILAR MOU, (TYP.) 0 Ut biULWALK) Jim All fill a i 0 W 9L 0: 0 zw < w � , M tn 0 0 ox sF�vn 6,6 '122f06 jP05139 _J, 7- —7, ' CZO 14 hi JUNCTION N BOX I � j AND CONDUIT FOR LIGHT FIXTURE 1 • -0, INSTALLATION. LIGHTING 12 #4 TIES 0 12* MAX 5" THICK RIVER ROCK VENEER (TYP•) C4 I 3" THICK CAP STONE (8)#5 EQUAL I SPACING (3 PER SIDE) 24 GA. (MIN,) WIRE TIES 0 2' O.C. (VERT- AND HORZ. MAX.) ATTACHMENT TO CONCRETE CORE BY DOVE TAIL ANCHOR SLOTS OR OTHER METHOD TO BE APPROVE PRIOR TO INSTALLATION. DRILL AND EPDXY GROUT WITH HILT] HIT HY150 OR ENGINEER APPROVED ALTERNATE, 5 EMBEDMENT. TYP. (3)#5x L (3)15X 1' -13142- SMALL MONUMENT SECTION SCALE: I' LOCATE MONUMENT AT WIP FOOTING BELOW of i SMALL MONUMENT PLAN SCALE: 1' = I'-0* 12 TYP WEST MONUMENT SCALE: 11' - l'—O* HOLD STONE FACING h' CLEAR OF TE SECTION CON I I LONCO, W. CONSULTING ENGINEERS 29435 -0 ON A, DENVER COLORADO ADDITIONAL TUBE AT WINGWALL 1" 1. EAST MONUMENT SCALE- 1' — V—O' SEE STD. M-606-1 FOR TERMINAL SECTION CONNECTOR, 4'0 A449 THREADED ROD (TOTAL 4) HEX NUT AND LOCK WASHER, DRILL AND EPDXY GROUT WITH HILTI HIT HY ISO OR ENGINEER APPROVED ALTERNATE. 11' EMBEDMENT, 2%- MAX � ROZCIION, GUARDRAIL ATTACHMENT SCALE: I" = V—O" %-0 X 6' H.A.S. J.A WINGWALL SECTION SCALE. 1 1/2' = 1*—o' NOTE, PEDESTRIAN RAIL SHOWN BICYCLE RAIL SIMILAR MOU, (TYP.) 0 Ut biULWALK) Jim All fill a i 0 W 9L 0: 0 zw < w � , M tn 0 0 ox sF�vn 6,6 '122f06 jP05139 _J, 7- —7, ' CZO 14 hi A-4 - - I -- T - - -- CONSULTING ENG;NNEERS AV DENVER COLORADO TOP OF POST AT PEDESTRIAN RAIL---, tl W8x2l . ..... . ..... . ELEVATiON SCALE: i 1,/2' _ I'-, ELEVATION ON WINGWALL SCALE: 1/2* l'-O' Splice D'-9- 3�3 ' Grind both - sages 67—<smooth %"0 AUTOMATICALLY END WELDED THREADED STUD W/ HEX NUT, HARDENED WASHER AND LOCK WASHER REFLECTOR TAB AT EACH POST. SEE M-606-1 FOR DETAILS %-0 A325 (TYPE 3) BOLT HEX NUT, HARDENED WASHER, AND LOCK WASH %-0 AUTOMATICALLY END WELDED THREADED STUD W/ HEX NUT, HARDENED WASHER AND LOCK WASHER (2) 1-0 FULLY THREADED A449 GALVANIZED RODS W/ HEX NUTS AND LOCK WASHERS. RODS TO BE SET IN IY,*# CORED HOLES W/ HILT! HIT HY150 (OR ENGINEER APPROVED EQUAL). HULLS SHALL BE 2*-0* DEEP AT WINGWALLS. - iNsTALLED RODS SHALL NOT PROJECI MORE THAN ELEVATION ON BRIDGE SCALE: 1/2' = I'-C' DRILL AND GROUT THREADED ROD (SEE LIGHT POLE SUPPLIER FOR BOLT SIZE AND PATTERN) WITH HILTI HIT HY150 OR ENGINEER APPROVED ALTERNATE. 5" MIN. EMBEDMENT AND 2 X* MIN. EDGE DISTANCE. `L z'pllce i 4-. ... Splice (X" smaller than tube) fabricated from %" steel tubes and 1"0 x 6 "L H.S. bolts, hex nuts. NOTES washers, and lockwashers. All tubes shall be fabricated from ASTM A-847 steel, All posts. base plates, and anchor bolts 3 1/2' 0 Std. Pipe Slot all tubes. Stagger alternating spiiaes into different TS 5 x 5 x 5/16 shall be fabricated from ASTM A-588 steel. All post 3pacings• or TS 4 x 4 x 5/16 splices and expansion devices for tubes shall be fabricated from ASTM A-242, or A-M Grade 50 steel. Miscellaneous belts, nuts, and washers that are exposed to view shall be weathering steel. Bolts, headed anchor studs, etc, that are embedded in concrete or covered With stone shelf be PLAN - TUBE SPLIC galvanized. 34-0 TRAFFIC FACE OF POST Oa) I STANDARD �57 `XIX' VERTICAL 4 SLOT REQUIRED WEIGHT PIPE 30045. Concrete, reinforcing steel, and structural (TYP.) AT EACH POST %"o AUTOMATICALLY END Sections 601, 602, and 509. respectively. WELDED THREADED INSTAI I ED RODS SHALL PL �—ICL OV0 HOLES HARDENED WASHER AND ANCHORS AND LOCK WASHER PLAN SCAM 1 1/2' - 1'-0" TOP OF POST AT TRAFFIC RAIL--�, REFLECTOR TAB AT TOP OF POST AT PEDESTRIAN RAIL---, tl W8x2l . ..... . ..... . ELEVATiON SCALE: i 1,/2' _ I'-, ELEVATION ON WINGWALL SCALE: 1/2* l'-O' Splice D'-9- 3�3 ' Grind both - sages 67—<smooth %"0 AUTOMATICALLY END WELDED THREADED STUD W/ HEX NUT, HARDENED WASHER AND LOCK WASHER REFLECTOR TAB AT EACH POST. SEE M-606-1 FOR DETAILS %-0 A325 (TYPE 3) BOLT HEX NUT, HARDENED WASHER, AND LOCK WASH %-0 AUTOMATICALLY END WELDED THREADED STUD W/ HEX NUT, HARDENED WASHER AND LOCK WASHER (2) 1-0 FULLY THREADED A449 GALVANIZED RODS W/ HEX NUTS AND LOCK WASHERS. RODS TO BE SET IN IY,*# CORED HOLES W/ HILT! HIT HY150 (OR ENGINEER APPROVED EQUAL). HULLS SHALL BE 2*-0* DEEP AT WINGWALLS. - iNsTALLED RODS SHALL NOT PROJECI MORE THAN ELEVATION ON BRIDGE SCALE: 1/2' = I'-C' DRILL AND GROUT THREADED ROD (SEE LIGHT POLE SUPPLIER FOR BOLT SIZE AND PATTERN) WITH HILTI HIT HY150 OR ENGINEER APPROVED ALTERNATE. 5" MIN. EMBEDMENT AND 2 X* MIN. EDGE DISTANCE. `L z'pllce i 4-. ... Splice (X" smaller than tube) fabricated from %" steel tubes and 1"0 x 6 "L H.S. bolts, hex nuts. NOTES washers, and lockwashers. All tubes shall be fabricated from ASTM A-847 steel, All posts. base plates, and anchor bolts 3 1/2' 0 Std. Pipe Slot all tubes. Stagger alternating spiiaes into different TS 5 x 5 x 5/16 shall be fabricated from ASTM A-588 steel. All post 3pacings• or TS 4 x 4 x 5/16 splices and expansion devices for tubes shall be fabricated from ASTM A-242, or A-M Grade 50 steel. Miscellaneous belts, nuts, and washers that are exposed to view shall be weathering steel. Bolts, headed anchor studs, etc, that are embedded in concrete or covered With stone shelf be PLAN - TUBE SPLIC galvanized. 34-0 (4- Oa) I STANDARD equivalent to federal standard 5958 color no, WEIGHT PIPE 30045. Concrete, reinforcing steel, and structural (TYP.) steel elements shelf conform to the requirements of %"o AUTOMATICALLY END Sections 601, 602, and 509. respectively. WELDED THREADED INSTAI I ED RODS SHALL STUD W1 HEX NUT, Tubes shall be continuous over not less than two HARDENED WASHER posts. No welded butt splices will be allowed in the AND LOCK WASHER tube sections. SCALE: 1 1/2" = 1'-O° Posts shelf be perpendicular to the longitudinal roadway grade. REFLECTOR TAB AT For additional details. see Std. M-606-1. icy M-606-1 FOR DETAILS Ali rails (tubes or pipes) *hall have a X* end cop HOLE FOR 36 -0 A325 (TYPE 3) ur BOLT HEX NUT, HARDENED WASHER, -----4,2%"0 PEDESTRIAN LIGHTING a working drawings which comply with the requirements of Section 105 shelf be submitted to 6' -3 ", CENTER POS BETWEEN TS W8x2l Concrete: I N EXISTING DECK AND SIDEWALK W/ T— H0-7— FEDESTRIKH RkIEW 1-1 (2) 1-0 FULLY THREADED A449 I L I . ASTM A53 Grade B fy = 35,000 psi 11 1t Pipe rails shall be pointed In accordance with vALVP"14r-U RODS w/ HEX NUTS AND LOCK WASHERS. RODS TO BE section 509. The color shelf be dark brown equivalent to federal standard 5958 color no, 30045. Concrete, reinforcing steel, and structural BAR 3x3A, W/ steel elements shelf conform to the requirements of %"o AUTOMATICALLY END Sections 601, 602, and 509. respectively. WELDED THREADED INSTAI I ED RODS SHALL STUD W1 HEX NUT, Tubes shall be continuous over not less than two HARDENED WASHER posts. No welded butt splices will be allowed in the AND LOCK WASHER tube sections. SCALE: 1 1/2" = 1'-O° Posts shelf be perpendicular to the longitudinal roadway grade. REFLECTOR TAB AT For additional details. see Std. M-606-1. EACH POST. SEE M-606-1 FOR DETAILS Ali rails (tubes or pipes) *hall have a X* end cop at the connection to the monuments. Provide hole 36 -0 A325 (TYPE 3) in cap for wiring access an TS4x4. BOLT HEX NUT, HARDENED WASHER, Prior to fabriocClon of this item, three sets of AND LOCK WASHER working drawings which comply with the requirements of Section 105 shelf be submitted to the Engineer for information only. W8x2l Concrete: COOT Class 0: Vc = 4500 psi %-0 AUTOMATICALLY END Reinforcing- WELDED THREADED STUD W/ HEX NUT, All reinforcing shall be epoxy coated HARDENED WASHER fy = 60,000 psi AND LOCK WASHER Structural Steel: ASTM A-242 or ASTM A-588 fy = 50,000 psi ASTM A-847 1p 50 000 psi 1-1 (2) 1-0 FULLY THREADED A449 I L I . ASTM A53 Grade B fy = 35,000 psi 11 1t vALVP"14r-U RODS w/ HEX NUTS AND LOCK WASHERS. RODS TO BE SET IN lY4'0 CORED HOLES W/ HILTI HIT AY150 (OR ENGINEER BAR 3x3A, W/ APPROVED EQUAL). HOLES SHALL 1� "t HOLES, TYP, BE 2'-0" DEEP AT WINGWALLS. INSTAI I ED RODS SHALL NOT 'RCJ:-'CT MORE THA-N 2' BEYOND THE W37 B[C..-YOLE RIUL SCALE: 1 1/2" = 1'-O° ir it 0 < < 0 09 `- K in 0 c' W - Z V) 0, GEN C�'t4 OF 14 y} F' *RE FENCE /� AA .� 7 j r r TWO FO ARE EXISTN6 "` UR TO ■! RBLOOATED. REPLACE / WADS PfTN WEN AVON STANDARD. NE DAMS AND CMU �t44'.FG G VOLTAGE DROP CALCULATIONS ALL WIRE MILL !! 810 OOPPBR IN i -PVO !RAW.M 61TS6tl IT /RAW.." 4"tv IT PROM A W AT BLP6 B rwm A-M AT BLP6 ! AMPS'• 1.899M AIMS • 1.0-OO S L64W M ••$S' LAN& M •DSO' •10 OU ""le 1110 OU m"m VP • Ima"XI0.2w.a VP . 1x.2ba.a . 44v �.�v I . Ws 1.0914 MRAWN OTROUIT PROM BRIPOe LTS POWN ORION AT BLDG B AMPS • 9.8 LNtlRM •60' 86 Ot! HNC vP . 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