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TC Ord. No. 2002-19 Approving an amendment of the chapel square planned unit development PUD for lots 22,22A,22B tracts A,B-1,B-2 Block 2 benchmark at beaver creek subdivisionTOWN OF AVON ORDINANCE NO. 02-19 SERIES OF 2002 AN ORDINANCE APPROVING AN AMENDMENT OF THE CHAPEL SQUARE PLANNED UNIT DEVELOPMENT (PUD) FOR LOTS 22,22A, 22B, TRACTS A, B-l, B-2, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, LB Chapel Square LLC has applied for an Amendment to the Chapel Square PUD to remove `Note 16' and replace it with the note as outlined in the conditions below, and to remove the 'Chapel ".designation from.the zoning documents and propose a loading dock to service Building C; 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 August 20, 2002, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD Amendment; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed PUD Amendment to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the off` day of .`<sYl gam- , 2002, at which time the public was given an opportunity to express their opinions regarding the proposed PUD Amendment; and.. WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: lATown Clerk\Council\Ordinances\Misc\Ord 02-19 Lots 22, 22A, Tracts A, B-1, 132, 132 BMBC Chapel Sq PUD amend.doc 07 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. The Amendment of the Chapel Square PUD as outlined in the application and following conditions is consistent with goals and objectives of the Town's Comprehensive Plan, and is compatible with surrounding neighborhood and is consistent with the public interest. 3. That the development standards for the Chapel Square PUD, Lots 22, 22A, 22B, Tracts A, B-1, and B-2, Block 2, Benchmark at Beaver Creek Subdivision comply with each of the Town of Avon's PUD design criteria and that this proposed development is consistent with the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Chapel Square PUD Amendment removing `Note 16' and replacing it with the note as outlined in the conditions below, and removing the `Chapel' designation from the zoning documents and propose a loading dock to service Building C is hereby approved with five conditions: 1. Fagade improvements to the WalMart Building (Tract B-1) must be completed no later a than January 1, 2003, and `Note 16' accordingly revised on the PUD mylars. No tQ ` m m w N m l" 1 O m extensions will be granted. In the event of non-compliance of the fagade improvements, 1- N 2 fines will be assessed from the original fagade deadline (October 29, 2001) as required in 4 00 a m the original PUD approval and retroactive to that date per Town Code Section 17.40.010 N (B)• o~ 2. The final location, dimension, and details of the proposed loading dock to service m oo~ Building C will be reviewed and approved through the design review process. This will s~ require hard-line drawings to scale, and a recalculation of the available landscaping area for the entire project. L 3. The PUD mylars will be revised to delete the proposed `Chapel' from Lot 22A, as well as revise the `Uses by Right' chart to indicate whether or not `Churches' is a use by right. - L N N lATown Clerk\Council\Ordinances\Misc\Ord 02-19 Lots 22, 22A, Tracts A, B-I, 132, B2 BMBC Chapel Sq PUD amend.doc 4. 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 D'11= day of , 2002, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the jO = day of, - , 2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. ~tjl LOT - sS"n"'vim d° % ATTEST: I =r e P'q To Cl rk Town of Avon, Colorado Town Council M6r INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the /0t), day of oeM , 2002. Town of Avon, Colorado Town Council M0, ATTEST: To Cler a , o 28 21 814716 Sara J Fisher Eagle, CO 9 R APPROVED AS TO FORM: To Attorney lATown Clerk\Council\Ordinances\Misc\Ord 02-19 Lots 22, 22A, Tracts A, B-1, 132, 132 BMBC Chapel Sq PUD amend.doc STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 10TH DAY OF SEPTEMBER 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-19, SERIES OF 2002: An Ordinance approving an Amendment of the Chapel Square Planned Unit Development (PUD) for Lots 22, 22A, 22B, Tracts A, B-1, B-, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 6th day of September 2002. TOWN OF AVON, COLORADO BY: Qe I1 Patty c envy Town erk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON SEPTEMBER 6,2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY 814716 Page: 4 of 4 11/21/2002 04:49P 289 R 21-00 D 0.00 Sara J Fisher Eagle, 00 1 . _ ire ad - gr fA' Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager ~Y From: Ruth Borne, Director of Community Development Date September 6, 2002 Re: Second Reading of Ordinance 02-19, An Ordinance Amending the Chapel Square PUD for Lots 22, 22A, 22B, Tract A, B-1, B-2, Block 2, Benchmark at Beaver Creek Subdivision PUBLIC HEARING Summary The applicant, LB Chapel Square LLC, has submitted a PUD amendment to amend the Chapel Square PUD to remove `Note 16' and replace it with the note as outlined in the Ordinance, and to remove the `Chapel' designation from the zoning documents to allow for the construction of a loading dock to serve Building C. The Planning and Zoning Commission recommended approval of this PUD Amendment on August 20, 2002 with five conditions as attached on Resolution 02-10, including the assessment of fines. Staff is recommending four conditions as outlined in Ordinance 02-19, and not recommending fines unless a new facade is not constructed in a timely manner. Recommendation Staff recommends that the Town Council pass Ordinance 02-19, amending the Chapel Square PUD as recommended in the conditions. Proposed Motion "I move to approve Ordinance 02-19, approving an Amendment to the Chapel Square PUD for Lots 22, 22A, 22B, and Tracts A, B-1, B-2, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. " Town Manager Comments Attachments: A. Ordinance 02-19 B. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 02-10 Memo to Town Council, September 6, 2002 Page 1 of 1 Ordinance 02-19, Chapel Square PUD Amendment Staff Report PUD AVON C O L O R A D O August 6, 2002 Planning & Zoning Commission meeting Report date Project type Legal description Current zoning Address Introduction July 31, 2002 PUD Amendment Lots 22, 22A, Tracts A, B1, & B2, Block 2, BMBC Subdivision (Chapel Square PUD) PUD 220 & 240 Chapel Square Place The new owner of Chapel Square, LB Chapel Square LLC (hereinafter referred to as "Owner"), is seeking several amendments to the existing PUD. The most significant amendment requested is to remove a condition placed on the original approval that required the fagade of Wa1Mart to be completed in the same style as the rest of the project within two years after the first Temporary Certificate of Occupancy being issued for the property. The deadline for completing the fagade improvements was October 29, 2001. Additionally, the Owner is seeking an amendment to the Chapel parcel to reconfigure the site to accommodate four additional parking spaces and a loading area to benefit Building C. Finally, the Owner is proposing a new comprehensive color scheme for the entire Chapel Square project including the Wa1Mart building and is anticipating repainting this project by November of this year. Though this portion of the application is a modification to the final design approval, proposed colors have been submitted with the PUD amendment application for your review. PUD Design Criteria According to the Town of Avon Zoning, Section 17.20.110, the following shall be used as the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following design criteria, or demonstrate that one or more of them is not applicable, or that a particular development solution is consistent with the public interest. 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. The planned amendments generally conform to the Comprehensive Plan goals and objectives, in particular: Goal Al (c : Identify parcels of land upon which the existing land use is inappropriate, and promote their redevelopment. The required fagade improvements may not be appropriate as previously approved, since the future building configuration and occupants are yet unknown. Staff is requiring the Owner Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 22, 22A, Tract A, B1, & B2, ,dock 2, BMBC Subdivision, Chapel Square PL.l Amendments August 6, 2002 Planning & Zoning Commission meeting Page 2 of 4 proceed with a facade and other architectural elements that tie the building into the existing Chapel Square PUD within the next two (2) years. The Town will require degrees of protection that the final building configuration will be in compliance with Chapel Square. Goal I: Ensure that a high quality visual image of the Town is established through both public and private sector activities. The requirement of a facade on the WalMart building is an appropriate measure to protect the visual quality of the Chapel Square PUD. Staff believes that with the specific conditions outlined herein, the facade improvements can be delayed without undue damage to either the Town or the Owners. 2. Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town. The proposed changes comply with the overall design theme of the Town only if a facade or other arcade arrangement is constructed concurrently with any building permits being issued for the WatMart building. To remove the requirement of a facade without requiring the Owner to construct this building in a manner consistent with the remainder of the Chapel Square PUD is not acceptable and conflicts with the design theme of this project. 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 proposed PUD amendments should continue to be compatible with the immediate environment and design. The final colors and the proposed loading dock must be reviewed under separate application for final design approval. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The proposed uses and density continue to provide a compatible, efficient, and workable relationship with the surrounding uses and activities. The deletion of the proposed chapel from the project as a `use by right' is acceptable, since the Town did not require this chapel to be constructed through the original PUD approval. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. The proposed amendments should not affect any natural or geologic hazards that may exist on the PUD. 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. - The proposed revisions to the site plan can be partially support ed as a loading dock only, and should produce a more functional access plan for Building C. 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. The circulation system as proposed, with several minor modifications, appears compatible with the Town Transportation Plan. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 22, 22A, Tract A, B1, & B2, ,dock 2, BMBC Subdivision, Chapel Square PL, Amendments August 6, 2002 Planning & Zoning Commission meeting Page 3 of 4 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Landscaping and open space are not issues of this PUD amendment. 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. The phasing plan and subdivision plan will remain functional and efficient, and the proposed PUD amendments do not appear to affect these items. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. Adequate public services are already in place for the entire Chapel Square PUD project. The proposed PUD amendments do not affect public services. 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 proposed PUD amendments do not appear to affect the existing road network servicing the project. 12. Development Standards The only development standard potentially affected by the proposal is the minimum landscaping area, which will need to be specifically identified when the new loading dock area is submitted as a design (minor modification) and building permit. Additionally, the deletion of the `church' and subsequent clarification on the "Uses By Right" chart must be recorded on a revised PUD mylar, as will the modification of the current fagade improvement requirement. Staff Comments Staff supports revising the fagade improvements requirements in light of the new ownership and potential reconfiguration of the WalMart building, both items which were unknown to us during the original PUD approval. This revision is recommended only if the conditions as outlined by staff for the new fagade configuration are required, which include specific requirements for the issuance of certificate of occupancies, and further guarantee on the timing of improvements within 2 years of the PUD approval. These conditions should guarantee the Town that a revised architectural fagade will occur on the building or building site that conforms to both Town design guidelines and the existing Chapel Square project, while at the same time allowing the Owner and potential tenants the flexibility to redesign the building to accommodate a variety of uses. The proposed parking and loading dock to Building C will require civil drawings to determine whether or not it is functional; however at this time, we would support the use of this area as a loading dock. We recommend the PUD mylars identify only a loading dock and continue review of this proposal through a formal design review process. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 22, 22A, Tract A, B1, & B2, dock 2, BMBC Subdivision, Chapel Square PL.., Amendments August 6, 2002 Planning & Zoning Commission meeting Page 4 of 4 Finally, the proposed colors should be reviewed on-site as a scale mockup to determine whether or not they work in context of the building style and setting. This item will be officially handled as a modification to final design. Recommended Motion Approve Resolution 02-10, recommending to the Town Council approve with conditions the Chapel Square PUD Amendment, Lots 22, 22A, Tract B-1, and Tract B-2, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado with the following conditions: 1. The existing Chapel Square PUD Note 16, under Uses regarding the completion of the WalMart facade be replaced with: "16. The existing colors shall be repainted for the entire project on or before December 1, 2002, as formally approved through the design review process by the Planning and Zoning Commission. a. In the event that any new tenant occupies the existing Wa1Mart building after WalMart has vacated the structure, the Planning & Zoning Commission prior to the issuance of any permit, including signage, must approve the arcade and related improvements. The improvements must be completed prior to The improvements must be completed prior to any occupancy or the issuance of a certificate of occupancy. b. In no event shall the existing Wa1Mart building maintain only the repainting improvements specified in Note 16 longer than eighteen (18) months from the date of the PUD Amendment approval. The owner must submit a design review application to the Town and proceed with facade improvements within two (2) years from the date of this PUD Amendment." 2. The revised color scheme must be approved through a modification to final design, including an on-site mockup to be reviewed and approved by the Planning and Zoning Commission. 3. The final location, dimension, and details of the proposed loading dock to service Building C will be reviewed and approved through the design review process. This will require hard-line drawings to scale, and a recalculation of the available landscaping area for the entire project. 4. The PUD mylars will be revised to delete the proposed `Chapel' from Lot 22A, as well as revise the `Uses by Right' chart to indicate whether or not `Churches' is a use by right. 5. 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. If you have any questions regarding this project or any planning matter, please call me at 748- 4030, or stop by the Community Development Department. Respectfully submitted, Tambi Katieb, AICP Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 INIUMMMMMINOM Staff Report SIGN DESIGN AVO N C O L O R A D O August 6, 2002 Planning & Zoning Commission meeting Report date August 2, 2002 Sign type Master Sign Program Amendment Legal description Lot 22, 22A, Tracts A, B-1, B-2, Block 2, Benchmark at Beaver Creek Subdivision Zoning Planned Unit Development (PUD) Address 220 and 240 Chapel Place Introduction The applicant, Timberline Commercial Real Estate, is proposing a Master Sign Program (MSP) Amendment to the Chapel Square Master Sign Program. They are requesting to change the existing bronze faces and white lettering to colored letters with a white backing. Currently, they are limited to only white letters carved into a bronze backdrop. They would also like to amend the temporary sign code so banners would be permitted to comply with the Town of Avon regulations. In addition, they are proposing to add an additional tenant to the freestanding Outback Steakhouse sign on the North side of the property (adjacent to I-70), if one new tenant leases the Wal-Mart building. The original MSP allows for a second tenant on the North Monument sign, therefore there is no need for this Amendment. Prior to the second tenant installing the North Monument sign, a sign permit will be required to be submitted to the Town for approval. Design Review Considerations According to the Town of Avon Sign Code, Section 15.28.070, the Planning & Zoning Commission shall consider the following items in reviewing proposed designs: 1. The suitability of the improvement, including materials with which the sign is to be constructed and the site upon it is to be located. The material with which the signs are to be constructed is a metal cabinet sign with Plexiglas faces, which are discouraged by the Town of Avon sign design guidelines. The locations of the new signs are to be in the same location as the existing signs and will remain on the first floor only. The sizes of the signs are to remain unchanged thus keeping with the scale of the building. Town of Avon Community Development (970) 949-4280 Fax (970) 949-5749 Lot 22, 22A, Tracts A, B-1, B-2, Block 2, BMBC Subdivision, Sign Design August 6, 2002 Planning & Zoning Commission meeting Page 2 of 3 2. The nature of adjacent and neighboring improvements. The existing Wal-Mart and City Market signs are pan channel signs mounted directly to the building's exterior. 3. The quality of the materials to be utilized in any proposed improvement. The Plexiglas material proposed for the lettering complies with the Town of Avon sign design guidelines, although it is inconsistent with the existing tenant signs on Chapel Square. 4., The visual impact of any proposed improvement, as viewed.from any adjacent or neighboring property. There will be adverse visual impact to the adjacent and neighboring property owners due to the increased light pollution from the white faces. While the signs will now be allowed to have color, the white backing will create greater light pollution. This could pose a concern for the residents of Chapel Square who face North and West, as they will have to deal with the additional light through their windows. 5. The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be impaired. The proposed MSP creates the potential for inconsistency among signs. Some tenants may choose the white face and colored letters while others will choose to keep the existing bronze backing. This will create a visual imparity that is not architecturally harmonious with the entire structure as a whole. These types of signs are not encouraged by the Town of Avon, and therefore are not generally located in the Town of Avon core business district. 6. Whether the type, height, size, and/or quality of signs generally complies with the sign code, and are appropriate for the project. The height and size of the signs are appropriate. The white backing is not in compliance with the sign design guidelines set forth by the Town of Avon. The white backing on the signs is not appropriate for a building that has residential tenants. The white backing will create undue light pollution to these units and cause the architectural harmony of the building to be compromised. 7. Whether the sign is pnmarily oriented to vehicular or pedestrian traffic, and whether the sign is appropriate for the determined orientation The signs will be primarily oriented to pedestrian traffic, yet they will serve as an identifier for vehicular traffic as well. Staff Recommendation Staff recommends approval of this project with the following conditions: Tenants are allowed to use colored letters with the existing bronze facing. White facing is specifically not permitted. 2. The addition of a second tenant on the North Monument sign will require a sign permit to be submitted to and approved by the Town. Town of Avon Community Development (970) 949-4280 Fax (970) 949-5749 Lot 22, 22A, Tracts A, B-1, B-2, Block 2, BMBC Subdivision, Sign Design August 6, 2002 Planning & Zoning Commission meeting Page 3 of 3 3. 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. If you have any questions regarding this project or any planning matter, please call me at 748.4413, or stop by the Community Development Department. submitted Tambi Katieb Town of Avon Community Development (970) 949-4280 Fax (970) 949-5749 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 02-10 SERIES OF 2002 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF A PUD AMENDMENT TO THE CHAPEL SQUARE PUD FOR LOTS 22,22A, TRACTS A, B1 & B2, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, LB Chapel Square LLC, has applied for an amendment to Lots 22, 22A, Tract A, B 1 & B2, Block 2, Benchmark at Beaver Creek Subdivision, to amend the Chapel Square PUD to remove `Note 16' and replace it with the note as outline in the condition, and to remove the `Chapel' designation from the zoning documents; and WHEREAS, after notices required by law, a public hearing on said application was held by the Planning & Zoning Commission of the Town of Avon; and WHEREAS, said application is consistent with all legal requirements. NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby recommends to the Town Council of the Town of Avon approval of the application for PUD Amendment for Lot 22, 22A, Tract A, B1, & B2, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado with the following conditions: Fagade improvements to the WalMart Building (Tract B-1) must be completed no later than January 1, 2003, and `Note 16' accordingly revised on the PUD mylars. No extensions will be granted, or fines for non-compliance to the original fagade deadline (October 29, 2001) as required in the original PUD approval will be assessed and retroactive to that date per Town Code Section 17.40.010 (B). 2. The final location, dimension, and details of the proposed loading dock to service Building C will be reviewed and approved through the design review process. This will require hard-line drawings to scale, and a recalculation of the available landscaping area for the entire project. 3. The PUD mylars will be revised to delete the proposed `Chapel' from Lot 22A, as well as revise the `Uses by Right' chart to indicate whether or not `Churches' is a use by right. 4. The applicant consider revising the project name to remove `Chapel' from the title. 5. 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 20th DAY OF AUGUST, 2002 Signe Date: Z d Chris Evans, Chairman Attest: C Date: Z Michael McClinton, Secretary TOWN OF AVON ORDINANCE NO. 02-19 SERIES OF 2002 AN ORDINANCE APPROVING AN AMENDMENT OF THE CHAPEL SQUARE PLANNED UNIT DEVELOPMENT (PUD) FOR LOTS 22, 22A9 22B, TRACTS A, B-19 B-2, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, LB Chapel Square LLC has applied for an Amendment to the Chapel Square PUD to remove `Note 16' and replace it with the note as outlined in the conditions below, and to remove the `Chapel' designation from the zoning documents and propose a loading dock to service Building C; 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 August 20, 2002, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the. proposed PUD Amendment; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed PUD Amendment to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the 1~~= day of 2002, at which time the public was given an opportunity to express their opinions regarding the proposed PUD Amendment; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: IATown Clerk\Council\Ordinances\Misc\Ord 02-19 Lots 22, 22A, Tracts A, B-1, 132, B2 BMBC Chapel Sq PUD amend.doc 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. The Amendment of the Chapel Square PUD as outlined in the application and following conditions is consistent with goals and objectives of the Town's Comprehensive Plan, and is compatible with surrounding neighborhood and is consistent with the public interest. 3. That the development standards for the Chapel Square PUD, Lots 22, 22A, 22B, Tracts A, B-1, and B-2, Block 2, Benchmark at Beaver Creek Subdivision comply with each of the Town of Avon's PUD design criteria and that this proposed development is consistent with the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Chapel Square PUD Amendment removing `Note 16' and replacing it with the note as outlined in the conditions below, and removing the `Chapel' designation from the zoning documents and propose a loading dock to service Building C is hereby approved with five conditions: Fagade improvements to the WalMart Building (Tract B-1) must be completed no later than January 1, 2003, and `Note 16' accordingly revised on the PUD mylars. No extensions will be granted. In the event of non-compliance of the facade improvements, fines will be assessed from the original fagade deadline (October 29, 2001) as required in the original PUD approval and retroactive to that date per Town Code Section 17.40.010 (B). 2. The final location, dimension, and details of the proposed loading dock to service Building C will be reviewed and approved through the design review process. This will require hard-line drawings to scale, and a recalculation of the available landscaping area for the entire project. 3. The PUD mylars will be revised to delete the proposed `Chapel' from Lot 22A, as well as revise the `Uses by Right' chart to indicate whether or not `Churches' is a use by right. lATown Clerk\Council\Ordinances\Misc\Ord 02-19 Lots 22, 22A, Tracts A, B-1, B2, B2 BMBC Chapel Sq PUD amend.doc 4. 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 a~ day of , 2002, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the l~ day of, 4ecA- , 2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council M60r ATTEST: ll'.{' , LL~ 11 P-.~ Town le INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2002. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney IATown Clerk\Council\Ordinances\Misc\Ord 02-19 Lots 22, 22A, Tracts A, B- 1, B2, B2 BMBC Chapel Sq PUD amend.doc STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 10TH DAY OF SEPTEMBER 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-19, SERIES OF 2002: An Ordinance approving an Amendment of the Chapel Square Planned Unit Development (PUD) for Lots 22, 22A, 22B, Tracts A, B-1, B-, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 6th day of September 2002. TOWN OF AVON, COLORADO BY: Pa cKenny To lerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON SEPTEMBER 6,2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY i 1 ,,wr-30-01 09:03am From- DUNN & ADPLANALP, P. C. emorandum M DATE: AprH 30, 2002 TO: Tambi Katieb FROM: John Dunn RE: Status of Development Rights on Lot B T-504 P-002!002 F-684 This memorandum responds to your memorandum to me dated Apra 26, 2002. You have asked that 1 address the request of Shapiro Development Company to verify the status of development rights on Lot B, Avon Center at Beaver Creek Subdivision. As you note in your memorandum, a Development Agreement was entered into on September 19, 1998, and a Preliminary Development and Zoning plan (including development standards) dated December 3, 1998, approved by Ordinance No. 98-23, adopted December 8, 1998. The Plan was expressly referenced in the Development Agreement at Paragraph 3.3. Paragraph 3.4 of the Development Agreement ideutified as a vested property right "the right to develop, plan and engage in land uses within the P the extent set forth, in and pursuant to this Agreement, the Development Standin the ards and the and to Preliminary Development Plan." As you also note in your memorandum, a final development plan was approved by ordinance adopted February 23, 1999, which expired on February 23, 2002, by virtue of § 17.20.110L, Avon Municipal Code. It is my opinion that Shapiro Developm the d ent Company continues to be vested as to development rights incorporated into the Preliminary Development and Zoning plan dazed December 3, 1998. By virtue of Paragraph 2.1 of the Development Agreement, it will remain esied as to those development rights until December 16, 2008. 4CWood EXHIBIT B ORDINANCE 98-23 DEVELOPMENT AGREEMENT Tract B THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of December , 1998 by and between Avon Commercial Center Ltd., a Colorado limited partnership, Shapiro Development Co., general partner, its successors and/or assigns (hereinafter "Owner") and the Town of Avon, a municipal corporation of the State of Colorado (the "Town"). RECITALS A. Owner is a limited partnership, duly organized and in good standing under the laws of the State of Colorado. B. Owner owns a parcel of real property generally referred to as the "Tract B" as more particularly described in Exhibit A attached to this Agreement (the " Tract B"). C. Owner desires to develop the Tract B as mixed use development the parcel referred to as the "Property" which may include, among other uses, lodging, restaurant, retail, parking, public facilities, open space, office commercial, and other uses. D. The Town has authority to zone and govern development of the. Property in accordance with this Agreement, the Comprehensive Plan, the Tract B PUD, (as defined herein), the Municipal Code, and other applicable Town requirements and polices. Furthermore, the Town has authority to agree to the vesting of property development rights conceming the Property, the creation of special districts to provide public facilities relating to the Property, the rebate of sales end other taxes which would normally be collected as'a result of taxable activities occurring on the Property and the granting of tax credits to assist with the equitable sharing of costs associated with development of public facilities. E. The Property is expected to contribute substantially to the economic growth of the Town and consequently will increase future tax revenues to the Town. The Town desires to provide for orderly growth in and around the.Town and to increase its tax revenues. Owner, and the Town desire to provide for a tax rebate mechanism so that Owner may use the rebate revenues or other fees imposed in lieu of taxes to assist in financing the public facilities that will be required by the. Property and which will benefit the Town. F. The Town has agreed to rebate taxes to the Owner and the District subject to discretionary annual budget appropriations by the Town pursuant to "Development Agreement - Confluence and Tract C" between Owner, Vail Associates Investments LLC and the Town. 12/03/98 G. The legislature of the State of Colorado adopted Sections 24-68-101, et se q. 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 Municipal Code authorizes the Town to enter into development agreements with landowners and other qualified applicants providing for the vesting of property development rights. 1. Development of the Property 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 Property, Owner desires to receive the assurance that it may proceed with development of The Property pursuant to the terms and conditions contained in this Agreement. 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: ARTICLE 1 DEFINITIONS AND GENERAL PROVISIONS' 1.0 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 Comprehensive Plan. The Avon Comprehensive Plan adopted by the Planning and Zoning Commission of the Town on November 5, 1996. 1.2 Development Standards. As defined in Section 3.2. The Development Standards pertaining to the Property are attached to the Preliminary Development and Zoning Plan. 12 03198 F 1.3 District. Shall mean the Avon Station Metropolitan District approved by the Town to serve the Property. 1.4 Effective" Date. The effective date of the Town Council ordinance approving this Agreement. 1.5 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 Tract B Exhibit B The Development Standards for the Tract B 1.6 Lodging Tax. For purposes of this Agreement, Lodging Tax shall mean any municipal lodging or accommodations tax imposed by the Town pursuant to Municipal Code Ch. 3.28 or any similar code provision enacted during the term of this Agreement upon any sales or rental of lodging within the Property. 1.7 Municipal Code. The Town's Municipal Code, as in effect from time to time. 1.8 Property. The Tract B property more specifically described on Exhibit A. 1.9 PUD. Planned unit development or PUD, as such terms are defined and used in the Municipal Code. I 1.10 Sanitation District. Eagle River Water and Sanitation District. 1.11 Town. The Town of Avon, a municipal corporation of the State of Colorado. 1.12 • Town Council. The Town Council of the Town. I 1.13 Tract B. The real property described in Exhibit A attached hereto. 1.14 Vested Property Rights Statute. As defined in Recital H above. 1.15 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 statutory or common law ` period for the filing of a petition for referendum to reverse or nullify such zoning ordinance. 1.16 Zoning Application. The zoning application for the parcel comprising the I Property submitted to the Town on , 1998 and on , 1998. _ Z /MMMArrA nTnmcyeGRMt nnC 3.48 PM I 12/03/98 ARTICLE II COVENANTS; THIS AGREEMENT 2.1 , Term. In recognition of the size of the development contemplated under this Agreement, the substantial investment and time required to complete the development of the Property, the potential for phased development of the Property, and the possible impact of economic cycles and varying market conditions during the course of development, Owner and the Town agree that the term of this Agreement and the vested property rights established under this Agreement shall commence on the Effective Date and shall continue until the 10th anniversary of the Effective Date. References to the Term of this Agreement and the vesting of property rights in the proceeding sentence shall not be deemed to limit or otherwise affect the rights of the Town described in Section 6.2 to initiate or pursue dissolution of the Districts. After the expiration of the Term, this Agreement shall be deemed terminated and of no further force or effect, provided, however that such termination shall not effect (a) the annexation of the Confluence to the Town; (b) any common-law vested rights obtained prior to such termination, or (c) any right arising from Town permits, approvals or other entitlements for the Property which were granted or approved prior to, concurrently with, or subsequent to the approval of this Agreement and the Development Standards. 2.2 Amendment of Agreement. Except as otherwise set forth in this Agreement, this Agreement may be amended or terminated only by mutual consent of the Town and Owner in writing following the public notice, public hearing and revised ordinance procedures required for approval of this Agreement. For the purpose of any amendment to 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 by Owner, the power to enter into such amendments. 2.3 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 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 legal counsel to represent it in connection with such action or proceeding. ARTICLE III ZONING, VESTED RIGHTS AND EXACTIONS 3.1 PUD Zoning. The property shall be zoned as PUD as provided in this Agreement and in their respective Development Standards. 3.2 Development Standards. (a) Development Standards. The "Development Standards" set forth the guidelines for development of the Property are approved by the Town as the zoning for the Property, and indicate, among other things, set back distances, building height limitations, site coverage levels, development densities, allowed uses (both permitted uses by right and those Z /ADM1NACCA0TBIDE VAGRMT DOC Q 12/03/98 permitted upon special review), parking requirements and other guidelines and limitations for the development of the Property. (b) Subsequent Final Development Approval. After PUD Zoning of the Property pursuant to Section 3.4(a), Owner and Town shall enter into a Final Development Plan approval process, pursuant to which Owner and the Town shall, in a manner which is uniform with and similar to other phased development approvals of the Town (and consistent with the provisions of Section 3.4(d) further refine the Development Standards and designate site plans, PUDs and other details, including the negotiation of a subdivision improvement agreement, if applicable, all consistent with the Development Standards and this Agreement (collectively, "Subsequent Final Development Approval." (c) Preliminary Development Approval. Simultaneously with the granting of PUD Zoning of the Property pursuant to Section 3.4(a), the Town shall approve the preliminary development plan. 3.3 Vesting of Pioperty Rights. Owner and Town agree that (a) this Agreement and the Development Standards and the Preliminary Development Plan constitute an approved "site-specific development plan" as defined in the Vested Property Rights Statute and-Section 17.14.100 of the Municipal Code and as adopted pursuant to the requirements of Section 17.12.020 of the Municipal Code which the Town acknowledges hereby has been approved by proper procedure under the Town's charter and the Municipal Code, and (b) that Owner as the legal owner of the Property shall have vested property rights to undertake and complete development and use of the Property 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 1 property rights under this Agreement: (a) The right to develop, plan and engage in land uses within the Property in the manner and to the extent set forth in and pursuant to this Agreement, the Development Standards and the Preliminary Development Plan. (b) The right to develop, plan and engage in land uses within the Property in accordance with the densities, physical development standards and other physical parameters set I forth in the Development Standards. (c) The right to develop the Property in the order, at the rate, and at the dime as market conditions dictate, subject to the terms and conditions of this Agreement and the Development Standards. I (d) The right to develop and complete the development of the Property i (including, without limitation, the right to receive all Town approvals necessary for the - b/hDPIRWAGPLOTHmHYAGAMT 996 5 3A4 DNA I 12/03/98 3.7 Compliance with General Regulations. Except as otherwise provided in this Agreement or the Development Standards, 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) 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 regulation 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 Development Standards. Owner does not waive its right to oppose the enactment or amendment of any such regulations. 3.8 . Arbitration. The parties agree that any dispute arising under this Article III shall be subject to arbitration among the parties in accordance with customary rules of the American Arbitration Associations which shall be binding upon the parties. ARTICLE IV SPECIAL DISTRICTS 4.1 Special Districts. The Town agrees to take all reasonable action necessary to approve an amendment to the service plan for the Districts to conform to the financial provisions of this Agreement and to permit the Districts to form qualifying non-profit corporations to carry out the purposes of this agreement and the amended service plan. 4.2 Dissolution of Districts. Dissolution of the Districts shall occur in the manner set forth in the service plan for the Districts and in accordance with the provisions and procedures set forth in C.R.S. 32-1-701, et seq. as in effect as of the date of this Agreement. 4.3 Municipal Services. Notwithstanding the creation of the Districts, the Town shall have the 'responsibility and obligation to provide all municipal services to the Property, equivalent to those provided to any other area of the Town on a uniform and non-discriminatory. basis. ARTICLE V DEFAULTS, REMEDIES, AND TERMINATION 5.1 Default by Town. A "breach" or "default" by the Town under this Agreement shall be defined as: (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, imRairs, 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 or the Development Standards or PUDs; or (b) the Town's failure to fulfill or perform any material obligation of the Town contained in this Agreement. 12/03/98 5.2 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. 5.3 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 thirty (30) days from and after receipt of such notice to cure such default. 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 tiXne period actively and diligently pursuing such cure. 5.4 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. (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: (i) recover from the Town any damages-that should have been specifically available to Owner as contemplated in Colorado Revised Statutes Section 2468-105(1)(c) as in effect on the Effective Date, plus any other and additional damages provable at law. ARTICLE VI MISCELLANEOUS 6.1 Applicable Law. Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 6.2 No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and Owner, and nothing contained in this Agreement shall be construed as making Town and Owner joint venturers or partners. 12/03/98 6.3 Expenses. Except as otherwise provided in a separate written agreement, Owner and the Town shall each bear their respective costs and expenses associated with implementing and enforcing the terms of this Agreement. 6.4 Waiver. No waiver of one or more of the terns of this Agreement shall constitute a waiver of other terms. Nor waiver of any provision of this Agreement in any instance shall constitute a waiver of such provision in other instances. 6.5 Town Findings. The Town hereby finds and determines that execution of this Agreement is in the best interests of the public health, safety, and general welfare, and the provisions of this Agreement, the PUD, Development Standards, and vesting agreements contained herein are consistent with the Comprehensive Plan, Municipal Code, and other applicable regulations and policies of the Town. 6.6 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect so long as enforcement of the remaining,provisions would not be inequitable to the party against whom they arc being enforced under the facts and circumstances then pertaining. 6.7 Further Assurances. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges under this Agreement. . 6.8 Notices. Any notice or communication required under this Agreement between the Town and Owner must be in writing, and may be given either personally or by registered or certified mail, return receipt requested. If given by registered or-certified mail, the same shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addresses designated below as the party to whom notices are- to be sent, or (ii) five days a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it. is addressed. Any party hereto may at any time, by giving written notice to the other party hereto as provided in this Section designate additional persons to whom notices or communications shall be given, and designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below: 12/03198 If to Town: Town of Avon Attn: Town Manager P.O Box 975 Avon, Colorado 81620 If to Owner: Avon Commercial Center Ltd. Attn: Ken Shapiro Shapiro Development Company General Partner P.O. Box 5640 Avon, Colorado 81620 6.9 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. Except as specifically set forth herein, 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 Property, 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 Property. Provided that the Town's approval of the assignee or transferee is first obtained, an assumption or transfers providing for express assumption of any of Owner's obligations under this Agreement by its assignee or transferee shall be relieved of any further obligations under this Agreement with respect to the matter so assumed. 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. The Town's approval of any such assignee or transferee shall not be, unreasonably withheld or delayed. 6.10 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. 6.1 f Amendments and Waivers. No amendment or waiver of any provision of this Agreement, nor consent to any departure herefrom, shall in any event be elective 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. 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 By: ~Mayor 12/03/98 ~TTEST Clerk STATE OF COLORADO ) ) ss. COUNTY OF &cLe ) Subscribed before me this Iq day of JepEember , 1-998, by _ w Uocter as Mayor of Town of Avon, a municipal cortp4AW 4k State of Colorado. My comifls n expires: JUDEA. KESSENICH ) WtMMDO ) ss. COUNTY OF Q - o'~in • 2tx~2 Q tary Public . Subscribed before me this ~g day of ~ `op- V by 5 l~l(1 as Town Clerk of Avon, a municipal corporation of the State of Colorado. My commission expires: ' ~1v "ZmZ ~paY o. UKESSENICH My Comm Expires 9/2fi/20Q2 Li4otary Public f ZIAWWACGLOTBMEVAGRW DOC 1.48 PM 12/03/98 OWNER: Avon Commercial Center Ltd., a Cplorado limited partnership, Shapiro Development Co., general partner By: Its: ATTEST STATE OF COLORADO ) ) ss. Etc ) COUNTY OF ZpU ( Subscribed before me this PI day of S~ , I-M, by ~j•~-kc~~ VDr,-.r_ as CL~- ~~^eS ~Az v~~ of Shapiro Development Co. as general partner of Avon Commercial Center Ltd., a Colorado limited partnership. My commission expires: t ~ S ~•A 9~•~a LAG •POo OR COLON f-..I)!res 9/18/2005 otary Public Z fADmMlACClLOTB/DEVAGRMT DOC 12 3:48 PM 12/03/98 at.. $TATE OF COLORADO ) ~O JNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 8th DAY OF DECEMBER 1998, AT THE TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 98-23 SERIES OF 1998: AN ORDINANCE APPROVING A ZONE CHANGE FROM TC TO PUD, ESTABLISHING DEVELOPMENT STANDARDS AND APPROVING A DEVELOPMENT AGREEMENT, LOT B, AVON CENTER AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 1 st day of December, 1998. TOWN BY: ,COLORADO POSTED AT THE FOLLOWING PUBLIC PLACES WITH N THE TOWN OF AVON ON DECEMBER 1, 1998: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY Kxis Nash Town Clerk r i i B %h N F UPI 0 i .I lip rR •t } i I Til~ M PO -d ~4 ~t I i i d I O CL a 0 X t i r,: I Unii . ill • iy i{~ I ` ~ I L'.'ll nili. ,ji p ~ u• ~IIIIIjiIF ! _ uljli~ ,'''u~lj!I~~;~!~p!'~i9,, ' I il;i~~~i(;~j' [ 4i ~Iljj illll ilj !i ll~j ~ii!~i I:i:;l I I h ! 'i!!0`~! V,'. \\\uy' I_' .I I ~ f ' e 11. II ~Ijii::.l I'.il i.i~.y I it 'I'I III III ~ I 1 Y~ 00 ,0 6 8 oil 4 W q I& mV W u~ S 00 F N i POOg4M al •A. ,1 y ~ Q het! Q . a 4 LL s by 'i o ~ z u d~ ~d m 3 ~ b o• Y yH 0 2 0 II~~ 2 Y 0 I f N a 0 Mum o~ N A~ o a w A a w .T~ Irk lit 0~ PU a 7 O b: i ± f •a~,a ~.arao t• Staff Report PUD V'O N C O L O R A D O August 20, 2002 Planning & Zoning Commission meeting Report date Project type Legal description Current coning Address Introduction August 15, 2002. PUD- Final Development Plan Lot B, ACBC Subdivision PUD (Expired Plan) 0130 West Beaver Creek Boulevard The Lot B PUD was approved via a Development Agreement on September 19, 1998, and a Preliminary Development Plan was subsequently approved for this project on December 3, 1998 by Ordinance 98-23. Additionally, a final development plan was approved by Ordinance 99-3 (effective on February 23, 1999). This final development plan has since expired, and the project proponents are now seeking to re-establish this final development plan. The general development plan calls for 4 buildings (A, B, C and D). Buildings A and B are both proposed as 2-story mixed use (commercial, accommodation, and employee housing units) that parallel the pedestrian mall. Building C is proposed as an 8-floor building that contains limited commercial space, and 97 accommodation units. Building D is proposed as a 1-story commercial property that is located entirely on Lot A that connects to Building C via a covered walk. Parking is proposed as a combination of surface and garage parking, featuring garage access . along the joint access easement shared with Lot C. Though certain developments rights were vested based upon the original Preliminary Development Plan of December 3, 1998 until December 16, 2008, the proposed final development plan is seeking the following changes from these rights: • The inclusion of an additional 22 accommodation units, which may be rented, sold, or otherwise occupied separately from the primary units to which they are attached. The original vesting was for 82 units. The parking formula remains consistent with the original approval of 1 space per unit, regardless of bedroom program. • A reduction of proposed commercial space in Buildings A and B from 22,404 square feet to 17,503 square feet. However, overall permitted commercial space remains 50,000 square feet of gross leasable area.. • An increase in the rear property setback (at pedestrian mall level) from 5 to 10 feet to conform to the recommendations of the Town Center Plan, should the Town decide to implement the street improvements in the future. • A reduction of 270 parking spaces to 267 spaces. Otherwise, other parking formulas remain the same as original PUD approval. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot B, Avon Center at Beaver Ucek Subdivision PUD Final Development Plan August 20, 2002 Planning & Zoning Commission meeting Page 2 of 6 • A proposed compact parking space stall size reduction for 35% of the total spaces provided of both surface and garage spaces. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following design criteria, or demonstrate that one or more of them is not applicable, or that a particular development solution is consistent with the public interest. 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. The proposed project generally conforms to the Town of Avon Comprehensive Plan goals and objectives, more specifically to the following goals: Goal Al: Ensure a balanced system of land uses that maintains and enhances Avon's identity as a residential community, and as a regional commercial, tourism and entertainment center. The combination lodging, retail and service commercial uses generally conform to this goal. Policy A3.5: Since undeveloped land in the Town Center is scarce, it will be developed at higher density, include a vertically integrated mix of commercial and residential uses, and rely primarily on underground and/or structured parking. The proposed vertical mix of uses and residential and commercial densities generally conform to this policy. The majority of the parking is underground for this project. Goal B2: Establish the Town Center Area as an inviting, vibrant and safe pedestrian- oriented cultural, retail and entertainment hub. Adding accommodation units and commercial uses to this site will increase the pedestrian activity in the mall area. Design considerations required to create an "inviting, vibrant, and safe pedestrian-oriented hub" will be reviewed in detail through the design review process. Particular attention will be given to the access from the mall through the walkway connection between Building D and Building C, as well as the width of the walkway along the property line between this project and Lot C. Policy B2.2: Development and redevelopment in the Town Center should effectively separate vehicles from pedestrian access and circulation. The PUD development plan shows a proposed pedestrian network within the project, with connections with the Pedestrian Mall and adjacent properties and public ways. Further refinement of this plan will be required though the design-review process, including the provision of a minimum provision of 20% of the lot area for landscaping. Landscaping does not include walkways, as proposed by the plans. Policy B2.3: Encourage a range of uses in the Town Center, including retail, offices, hotels, recreation, tourism, and entertainment. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot B, Avon Center at Beaver C eek Subdivision PUD Final Development Plan August 20, 2002 Planning & Zoning Commission meeting Page 3 of 6 The plan provides a mix of accommodation units (timeshares) and commercial space. Staff anticipates uses similar to those in the existing Avon Center and other projects in the Town Center zone district. Policy E2.2: Structured parking will be incorporated in all new development and major redevelopment in the Town Center. Structured parking is incorporated in this proposal, with.limited surface parking that will require some refinement to allow fire access and remove the proposed surface compact spaces. The project is combining parking for Lot A (Avon Center) and Lot B. As currently configured, there are a total of 244 spaces in use by the Avon Center - in excess of the Town zoning requirements by our calculations. Though this project proposes to eliminate a minimum of 85 existing surface spaces, they are compensated in the underground parking structure proposed. The Lodge at Avon Center (Lot A) is zoned Town Center, has approximately 40,801 GLFA of commercial and office space, 52 condominium units, and provides 244 parking spaces in total (104 underground and 140 surface, including the surface parking on Lot B). Records indicate that the total parking requirement for Avon. Center when approved appears to have been 214 spaces. The total demand created by Lot B's current proposal calls for 152 spaces. The total number of aggregate parking spaces proposed in this plan for these two projects will be 371 spaces, as compared to the required 366 spaces. Access requirements may slightly reduce the number of proposed spaces, and will. be further reviewed on a revised site plan before Council action and at final design. Additionally, compact spaces shown in the garage levels do not comply with requirements of the zoning code and must be revised to comply with the 30% maximum for compact underground spaces. Likewise, the nine compact spaces shown as surface parking do not conform. Policy H1.3: New development and redevelopment adjacent to the Pedestrian Mall should support its becoming a key focal point and unifying element for the Town Center. 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 generally complies with the overall design theme recommended in the Town Center Plan, however, guidelines in the plan call for a minimum pedestrian walkway between this project and Lot C of at least 6' in width. It is unclear from this plan whether or not that is being proposed. Additionally, the frontage to the pedestrian mall should allow sufficient space for the inclusion of an arcade or canopy feature, similar to the office/commercial building on Lot C. The project will be required to conform to the Design Guidelines of the Town, and will be reviewed in detail at that time. 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 generally conforms to the immediate environment and neighborhood, creating an efficient relationship with the existing Lodge at Avon Center and potentially Lot C. Building height was previously approved through the PUD approval as being measured from the Avon Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot B, Avon Center at Beaver Ueek Subdivision PUD Final Development Plan August 20, 2002 Planning & Zoning Commission meeting Page 4 of 6 Center, and the final design plans should clarify the actual height. The buildings proposed appear to be functional in their orientation, and compatible to the adjacent properties in bulk and scale. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The proposed uses and density are compatible with the surrounding properties, however, several major clarifications must be made prior to the final development plan being approved, in particular the elevations and grades as they relate to the potential redevelopment of the pedestrian mall and connectivity to Lot C. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. There appears to be no mitigation or avoidance of hazards required with the PUD plan proposed. Adequate shared drainage easements exist between both Lot B and Lot C and should be sufficient to accommodate post-development drainage. Additionally, snow will be removed to an off-site location such as the Eagle County landfill. 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. The site plan is constrained by the density proposed, required parking and landscaping, and the general boundaries of the property. No open space is being proposed, and the amount of landscaping proposed with this plan appears to be inadequate. The aesthetics of the project will be reviewed in more detail through the design review process. 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. The proposed circulation pattern poses potential access issues for the Eagle River Fire Protection District, and in particular for Buildings A and B. The proposed emergency access is not supported and will be revised. The project generally conforms to the Town Transportation Plan recommendations; however, clarification of pedestrian walkways, corridor lighting, and proposed parking is required. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Landscaping requirements appear to require revision, since this proposal includes walkways, which are specifically excluded from the 20% minimum landscape area per the Town of Avon Zoning Code. 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. The proposed phasing plan appears acceptable, however, a specific construction staging plan, pedestrian protection plan, and temporary landscaping plan will be required for each phase of the project. Town of Avon Community Development (970) 74a-4030 Fax (970) 949-5749 Lot B, Avon Center at Beaver Creek Subdivision PUD Final Development Plan August 20, 2002 Planning & Zoning Commission meeting Page 5 of 6 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. Adequate public services appear to exist to service this development from the original PUD approval and Development Agreement. 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 to carry the anticipated traffic within the proposed PUD. The shared access easement with Lot C should provide adequate access to the project and to the proposed parking structure, however, garage slab elevations and finished floor elevations will require further clarification to correspond to Lot C. 12. Development Standards Development Standards including lot area, site dimensions, setbacks, height, density control,. site coverage, landscaping and parking shall be determined by the Town Council as part of the approved development plan with consideration of the recommendation of the Planning Commission. Proposed development standards are attached to this staff report. Staff Discussion Building A and B have been modified on the plan to accommodate the preferred pedestrian mall alternative as outlined in the Town Center Plan. Additionally, parking has been clarified and the original formulas for parking remain consistent with this proposal. Access requirements for the surface parking lot along with compact space requirements may reduce the parking supply, and will require further review prior to Council action. The provision of 6 employee dwelling units is being offered by the developer as deed-restricted, which is supported by the Town Comprehensive Plan. The potential exists for future commercial area for this project, which is supported by the Town Center Plan, however, adequate parking must be demonstrated with any increases in commercial density. Staff Recommendation Approve Resolution 02-11, recommending to the Town Council approval of the Lot B PUD Development Plan for Lot B, Avon Center at Beaver Creek Subdivision, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado with the following conditions: 1. Remove all surface compact spaces from the site plan. Only standard size (9'0"x18'0") parking spaces are permitted for surface parking. Total compact spaces cannot exceed 30% of the total parking spaces in the garage. 2. Delete the proposed emergency access, and reconfigure the surface parking area to accommodate a full one-way turning movement of the Ladder Truck (w/ 252" W.B.). This revision must be submitted by a Professional Engineer to verify the turning analysis. 3. The finished floor elevation of Buildings A and B must match the finished floor elevations of the Seasons building and be verified by a Colorado licensed surveyor. 4. All parking aisles will be a minimum of 24'0" in width. Minimum clear ceiling height on the parking structure entrance will be 7'6". Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot B, Avon Center at Beaver C,,~ek Subdivision PUD Final Development Plan August 20, 2002 Planning & Zoning Commission meeting Page 6 of 6 5. Landscaping will be provided at a 20% minimum that meets the Town standards for landscaping area. 6. Both perimeter and internal sidewalks must have a minimum width of 8'0". 7. Garage spot elevations do not match the proposed grades, and require revision on the site plan. 8. A construction-staging plan is required to address each phase of the project, including temporary landscaping. 9. A note shall be added along with a dimensioned `envelope' to the site plan that indicates the future knockout area between Lot B and Lot C parking garages. 10. Architectural and design plans will be separately submitted and reviewed, and must comply with the existing Town of Avon Residential, Commercial, and Industrial Guidelines. 11. The PUD plan `Parking Requirements' table shall be amended to include the minimum parking provision of 214 parking spaces for Lot A. 12. In the event that the parking standards set forth herein are not satisfied at any phase of the project (including the minimum provision for Lot A), then accommodation units will be reduced to satisfy the parking requirement. 13. All underground parking must be completed in Phase 1 as proposed. 14. Revised development plan addressing all of the above conditions must be provided one week prior to first reading of PUD Ordinance by Town Council. . 15. 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. If you have any questions regarding this project or any planning matter, please call me at 748- 4030, or stop by the Community Development Department. Respectfully submitted, Tambi Katieb, AICP Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 I IMNEW AV ON C O L O R A D O August 21, 2002 Patrick Nook PWN Architects and. Planners, Inc. 9250 E. Costilla Ave. Suite 440 Greenwood Village, CO 80112 RE: LOT B, AVON CENTER AT BEAVER CREEK SUBDIVISION PUD FINAL DEVELOPMENT PLAN Dear Pat: On August 20, 2002 the Town of Avon Planning and Zoning Commission recommended approval to Town Council of your application for the Lot B PUD Development Plan, Avon Center at Beaver Creek Subdivision, with the following conditions: 1. Remove all surface compact spaces from the site plan. Only standard size ' (9'.0"x18'0") parking spaces are permitted for surface parking. Total compact spaces cannot exceed 30% of the total parking spaces in the garage. 2. Delete, the proposed emergency access, and reconfigure the surface parking area to accommodate a full one-way turning movement of the Ladder Truck (w/ 252" W.B.). This revision must be submitted by a Professional Engineer to verify the tuming analysis. 3. The finished floor elevation of Buildings A and B must match the finished floor elevations of the Seasons building and be verified by a Colorado licensed surveyor. 4. All parking aisles will be. a minimum of 24'0" in width. Minimum clear ceiling height on the parking structure entrance will be 7'6". 5. Landscaping will be provided at a 20% minimum that meets the Town standards for landscaping area. 6. Both perimeter and internal sidewalks must have a minimum width of 8'0". 7. Garage spot elevations do not match the proposed grades, and require revision on the ` site plan : 8. A construction-staging plan is required to address each phase of the project, including temporary landscaping. 9. A note shall be added along with a dimensioned `envelope' to the site plan that indicates the future knockout area between Lot B and Lot C parking garages. s 10. Architectural and design plans will be separately submitted and reviewed, and must comply with the existing Town of Avon Residential, Commercial, and Industrial Guidelines. i 11. The PUD plan `Parking Requirements' table shall be amended to include the minimum parking provision of 214 parking spaces for Lot A. 12. In the event that the parking standards set forth herein are not satisfied at any phase Post Office Box 975 of the project (including the minimum provision for Lot A), then accommodation 400 Benchmark Road units will be reduced to satisfy the parking requirement. Avon, Colorado 81620 13. All underground parking must be completed in Phase 1 as proposed. 970-748-4000 970-949-9139'Fax 970-845-7708 TTY TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 02-11 SERIES OF 2002 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF A PUD DEVELOPMENT PLAN FOR THE LOT B PUD, AVON CENTER AT BEAVER CREEK SUBDIVISION, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Suites at Avon LLC, has applied for a PUD development plan for Lot B, Avon Center at Beaver Creek Subdivision, to adopt an overall site development plan, establish development standards and general building footprints; and WHEREAS, after notices required by law, a public hearing on said application was held by the Planning & Zoning Commission of the Town of Avon; and WHEREAS, said application is consistent with all legal requirements. NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby recommends to the Town Council of the Town of Avon approval of the application for the PUD Development Plan for Lot B, Avon Center at Beaver Creek Subdivision, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado with the following conditions: 1. Remove all surface compact spaces from the site plan. Only standard size (9'0"x18'0") parking spaces are permitted for surface parking. Total compact spaces cannot exceed 30% of the total parking spaces in the garage. 2. Delete the proposed emergency access, and reconfigure the surface parking area to accommodate a full one-way turning movement of the Ladder Truck (w/ 252" W.B.). This revision must be submitted by a Professional Engineer to verify the turning analysis. 3. The finished floor elevation of Buildings A and B must match the finished floor elevations of the Seasons building and be verified by a Colorado licensed surveyor. 4. All parking aisles will be a minimum of 24'0" in width. Minimum clear ceiling height on the parking structure entrance will be 7'6". 5. Landscaping will be provided at a 20% minimum that meets the Town standards for landscaping area. 6. Both perimeter and internal sidewalks must have a minimum width of 8'0". 7. Garage spot elevations do not match the proposed grades, and require revision on the site .plan. 8. A construction-staging plan is required to address each phase of the project, including temporary landscaping. 9. A note shall be added along with a dimensioned `envelope' to the site plan that indicates the future knockout area between Lot B and Lot C parking garages. 10. Architectural and design plans will be separately submitted and reviewed, and must comply with the existing Town of Avon Residential, Commercial, and Industrial Guidelines. 11. The PUD plan `Parking Requirements' table shall be amended to include the minimum parking provision of 214 parking spaces for Lot A. 12. In the event that the parking standards set forth herein are not satisfied at any phase of the project (including the minimum provision for Lot A), then accommodation units will be reduced to satisfy the parking requirement. 13. All underground parking must be completed in Phase 1 as proposed. 14. Revised development plan addressing all of the above conditions must be provided one week prior to first reading of PUD Ordinance by Town Council. 15. 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 20th DAY OF AUGUST, 2002 *Signd& Date: O t Z' U(C-L Chris Evans, Chairman Attest: Date: to Michael McClinton, Secretary 14. Revised development plan addressing all of the above conditions must be provided one week prior to first reading of PUD Ordinance by Town Council. 15. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. I have attached a signed copy of Resolution 02-11, recommending this approval to Town Council. The first Town Council hearing is scheduled for Tuesday, August 27, 2002. Please submit a revised development plan no later than Thursday, August 21, 2002 to be included in the Council packet. If we may be of further assistance, please do not hesitate to call us at 970.748.4030. Kind Regards, Tambi Katieb, AICP cc: Stuart Borne, Avon Commercial Center Ltd. File [:]SfUP1R0 DE\'EL0PVE\ T C 0 M P A Y August 28, 2002 The Honorable Judy Yoder Mayor, Town of Avon 400 Benchmark Rd. Avon, Co. 81620 Re: Economic Impact on Town Tax Base of Revised Lot B Plan Dear Mrs. Yoder, You asked at the meeting for first reading of the Lot B Development Plan to have some presentation of the impact to the tax base by allowing the second floor space in Building A to residential not commercial. To properly evaluate the impact, it is imperative to both understand what the value of second floor commercial and the likely Assessed value of the residential. Recently we commissioned an appraisal of our companies holding in the Avon Center to obtain a refinance: As we were trying to refinance our goal was to value the property as high as possible to increase our loan amount. The appraiser included a survey of the Avon commercial market, which is illustrative of the values for commercial in Avon. To prepare this valuation I have used the conclusions of the appraiser to determine the valuation of the second floor commercial and the average price per square foot per the economic model that price list of the residential units were derived from (as the assessor will use the sales prices to value the residential property). I have included the data from the appraisal for back up and because the material inside made provide useful to the town in other situations. If you look at the spreadsheet at the Market Rent for second floor commercial on page on page 11 I have used the market rents projected by the appraiser for office that will apply 2 years from now ($20.09) as the project will take this long to complete. I have also used the vacancy discount suggested by the appraiser on page 15 to discount the cash flow. I have also used the capitalization rate adopted by the appraiser on page 17 to determine the value of the Building A second floor space as commercial. After applying the methodology that the appraiser adopted the value for ad valorum tax purposes does not significantly deviate from each other and the Town will generate similar revenue with both uses. In addition I have been unable to find any second story commercial use currently in the Town that collects sales tax and as the Town will benefit from Bed Tax revenue from the Condo-tel units, the deviation from ad valorum taxes would seem to be de minimus. If you have any questions please do not hesitate to call. Thank you, Stuart Borne 100 W. Beaver Creek Blvd. Post Office Box 5640 TEL (970) 949-7980 Avon Center, Suite 220 Avon,Colorado 81620 FAX (970) 949-7984 m c M a) a) In 0 CL 2° Q y . LL. -O U C O n. 4) mn cn J C) 01) co I- c to (D Cf) o co C; LO Ict co O N M M O 1,- C; C5 ri ~ N N Eft 69 EA EA EA fd U N E M O O d o I` f~ 0 0 00 0 M O I~ M N r N T t N M M N O U ~ M O 0 M M O 0) M 0 O N co N 0 0 M It L C O O O C) C%4 e- L C) N c o T a) U C 69 69 to EA 09, Efl 63 fA d9 N C 3 U co C U O O C O O N O x C 'O O c0 O O O w F- 'O V C -D E J U j - y 0 0 0 W N 0 C LL LL N U 0 O y w L C (0 N N f° > > ¢ 0 C O N ca U N Q Q' - a) F- Y r w 3 °c 4) N c- N a) > rn a) ~ ~ a a o ~ > > a) m O a) a) O y N C C (0 Y L 0 a 3 3 U X 3 0 , ML x O x a) > U) U o CO)»a`a `>FO - Q FO- H N SUMMARY APPRAISAL OF 13 Commercial Condominiums within Avon Center 100 West Beaver Creek Boulevard Avon, Colorado RETECHS File #CCV 02-484 DEN June 1, 2002 PREPARED FOR.- U.S. Bank RETECHS Department 918 17'" Street, 4'" Floor Denver, Colorado 80202 PREPARED BY: Intermountain Consultants, Inc. 2942 Evergreen Parkway, Suite 300 Evergreen, Colorado 80439 303.674.6587 13 Avon Center Commercial Condominiums INCOME CAPITALIZATION APPROACH The Income Capitalization Approach provides a value indication for the subject property by projecting a net income stream through the use of comparable income and expense information which is generated from the marketplace. doethe Discounted Cash Flow Analysis techniqueate by either or both the Direct Capitalization technique an CONTRACT RENT The subject is presently 83.5% leased with the tenants responsible for all expenses with the exception of those associated with vacancy carry, reserves for replacement, and management not associated with common area maintenance. The leases are summarized as follows: Summary of Leases Rppnt- Ex in- Re- Annual l~nlt I aQla Lesse ion mflning R I Tsnant Expenses Rent Options o Tenant ssFF Period bate erm Pt Escalations pe Premium Retail Spats cs 6 reps $25.07 CPI , en18 mgml not fssoc w/GAtiI None 1 y at mkt 115 Avon liquo► 4•~ F mos 12102 Average Retail Space ~r 18 mos 528.35 CPI AU except reserves for replace None None 110 H npg Sktn 327 36 mos 12103 ment 8 99rA9 not Assoc w/GGAAMM 1 mo $24.36 CPI A' etx~et reserves for replaCCB@-- None Vi 1524C$g 1 127 Brass Parrot 1,367 24 mos 7102 I mant tt ~ngmt not ascot 0&& Yrs 2-3: Perimeter Office Space Yrs 1-7: CPI None ervtesascot for reela~ 2 3--.,r at CPI Yr •1: Euuuat to Alt except resmtno L 6 mg w/GAM 222 MeM 1.999 60 mos 1107 55 tnos $10.85 I Vi ~ 2181rent mans CFF Ail xcept reserves for reelG8G~- None 2 3-yr at CPI 517.01 I CPI meet 8 mgmt not Assoc w/AM 220 a Mah n 714 80 mos 1107 55 mos e 11 mgmt AO excsept reserves for reel~tc~e. None 6 3 yr at CPI A- o/ 2.909 36 mos 1104 19 mos $11.49 CPI meet S pt re not asr oe wICAM 200 Nova.lad AN except reserves for reel8t~- None None 1/atl 1,473 36 mos I 10103 16 mos $19.26 ` CPI meet 8 mgmt not ascot w/AM 208 Bookkeeping _ 10 mos :16.80 I CPI All exceplgres for replace- None None nt 66 m mt eat ascot wIGGAAMM 230 starwo n 1,250 24 mos 4103 me no a Vacations =e, rWA WA I WA WA NIA NO, Masthead '`1e0/ Development 1.383 fWA ed Interior Office Space All except reserves for replace- None ~ Yr t a7.;~~~ 218 Brass Parrot 4111 24 mos 7102 1 mo $24.36 I ~Pl menl 3 mgmt not assoc w/GAM i Yes 3_3__ All extepl reserves for repl None None WA $11.77 I WA ment 6 mgmt not Assoc w1GAM - Moto- Mo-to- 219 Sheri Pinion 511 mo mn Total 16.434 square feet option exercised 8 Intermountain Consultants. Inc. 13 Avon Center Commercial Condominiums / Rents within the subject units range from $24.36 to $28.35 per square foot for the main level retail space and from $10.85 to $24.36 per square foot for the upper level office space. The estimated pass-through for 2002, which includes utilities, structural and common area maintenance, janitorial, and insurance, equates to $13.30 per square foot for the retail units and $13.84 per square foot for the office space. The retail pass-through excludes electricity for heat which is paid directly by the tenants. The rents also include unassigned garage parking. The majority of the lease periods are from three to five years and most have options extending from three to twelve years which are based on increases in the Consumer Price Index (CPI), fixed amounts, or market rent at that time. MARKET RENT In order to estimate the potential income of the subject, the rental data of several retail/office facilities in the area was analyzed with the following projects selected because of their similarities and proximities to the subject. Rental Comparables Annual Annual Si Rent Lease Tenant No Name / Location Age S F PSF Term donsa. , Expenses Retail 1. Benchmark Plaza 48 E Beaver Creek Blvd A 1982 440 3 150 $21.00 5 yrs t:PI All except reserves for replacement & mggmt von, Colorado . not assoc w/CAM 2. Avon Plaza 150 E Beaver Creek Blvd 1997 959 $22.00 5 yrs CPI All except reserves for replacement & m mt Avon, Colorado gg not assoc w/CAM 3. Benchmark Center 82 E Beaver Creek Blvd 1975 600- $19.00 3-5 rs CPI All except reserves for r l Avon, Colorado 2.000 $23.00 y ep acement & mggmt not assoc w/CAM 4. The Annex 142 E Beaver Creek Blvd Avon. Colorado 1989 800- 3.200 $23.00- $27.00 3-5 yrs CPI Al! except reserves for replacement &mg mt not assoc w/CAM office 1. B 48 enchmark Plaza Beaver Creek Blvd 1982 440- $18.00- 3 rs CPI All except reserves for re l Av Avon, Colorado 1,000 $19.00 y I p acement mgmt & not assoc w /CAM 2. Avon Plaza 150 E Beaver Creek Blvd 1997 400- $18.00- I 3-5 rs cr'l All except reserves for re l Avon. Colorado 1,000 I $20.70 y p acement & mggmt not assoc w/CAM 3. Benchmark Center E Beaver Creek ado Blvd 182 A Avon Colorado 1975 600- 2,000 515.00- $18.00 ' 3-5,,T.; I CPI I All exccot reserves for replacement & myymt , , { i not assoc w/CAM 5. WestStar Bank Building 15 W Benchmark Rd 1995 1,000- $"1.00- AI! except reserves for Avon, Colorado 3.150 $22.00 3-5 yrs I CPI replacement & mgmt not assoc w/CAM 6 Alpine Bank Buildin - All except reserves for 10 W Seaver Creek Blvd Avon Colorado 1994 3,000 $22.00 I 5 yrs CPI replacement & mggmt . not assoc WCAM Intermountain Consultants, Inc. 13 Avon Center Commercial Condominiums The comparables reflect a range of rents prior to adjustments from $19.00 to $27.00 per square foot for the main level retail space and from $15.00 to $22.00 per square foot for the second level office space. The variations in the rates are a reflection of the differences in the amount and quality of the space leased, age/ condition, building location, rating of the tenant, tenant finish, perimeter or interior location, and expense responsibility of the tenant. Adjustments have also been made for the availability of garage parking for the office users, but not forthe retail patrons since our interviews indicated that these users prefersurface parking. The majority of the leases are forthree- to five-year terms, many with additional five-year options. Escalations are typical and are based on increases in the Consumer Price Index (CPI). All of the leases are on a triple net basis where the tenants pay for their pro rata share of utilities, common area maintenance, insurance, real estate taxes, janitorial, structural maintenance, and management costs associated with common area maintenance. Furthermore, all of the lessees were responsible for the majority of the tenant improvements with the spaces leased "as is." All of the comparables are located in the Town of Avon and within a block of the subject. Nos. 5 and 6 are superior in quality, whereas No. 3, Benchmark Center, is an older facility offering inferior quality space. Nos. 2, 3, and 5 lack garage parking for the office users. The rental adjustments are summarized as follows: Summary of Rental Adjustments I Actual I Lora- I I Age/ I Ex. I Unit I Tenant I Garage I Total I Ad Rent No Rent PSF Lion Quality Condition penes Location Finish Parking Adj PS~ (md) Premium Retail Space 1. $21.00 Equal Equal Equal Equal Equal Equal Equal 0.0% $21.00 2. $22.00 +10.0% Equal Equal Equal Equal . Equal Equal +10.0% $24.20 3. 519.00423.00 Equal +5.0% +5.0% Equal Equal Equal Equal +1 $20.90-$25.30 4. 523.00427.00 Equal Equal Equal Equal Equal Equal Equal 0.0% $23.00-$27.00 Average Retail Space 1. $21.00 Equal Equal Equal Equal -5.0% Equal Equal -5.0% $19.95 2. $22.00 +10.0% Equal Equal Equal -5.0% Equal Equal + 5.0% 1 $23.10 3. $19.00-$23.00 Equal +5.0% +5.0% Equal -5.0% Equal Equal +5.0% $19.95-$24.15 4. $23.00-$27.00 Equal Equal Equal Equal -5.0% Equal Equal -5.0% $21.85-$25.65 Perimeter Office Space 1. $18.00-519.00 Equal Equal Equal Equal Equal Equal . Equal 0.0% $18.00-519.00 2. $18.00-$20.00 Equal Equal Equal Equal Equal Equal +2.5% +2.5% $18.45-S20.50 3. $15.00-$18.00 Equal 1 +5.0% +.5.0% Equal Equal Equal +2.5% +12.5% $16.90-$20.25 5. I $21.00-$22.00 I Equal -5.o% Equal Equal Equal Equal +2.5.% - 2.5% $20.50-$21.45 7_ 522.00 i Equal -10.0% Equal Equal Equa! Equal . Equal -10.0% $19.80 Interior Office Space 1. $18.00-$19.00 Equal Equal Equal Equal -20.0% Equal Equal -20.0% $14 40415.20 2. $14.00420.00 Equal Equal Equal Eaual -20.0% Equal +2.5% -17.5% $14.85.516.50 3. $15.00-518.00 Equal +5.0% +5.0% Equal -20.0% Equal +2.5%- -7.5% 513.90416.65 5. 521.00-$22.00 Equal - 5.0% Equal Equal -20.0% Equal +2.5% .22.5% $16.30.517.05 6. $22.00 Equal -10.0% Equal Equal -20.0% Equal Equal -30.0% $15.40 Intermountain Consultants. Inc. 10 13 Avon Center Commercial Condominiums Based on the preceding discussion and after accounting for similarities and differences between the subject and the comparables, it is our opinion that the market rent for the high exposure retail space of the subject would most likely fall between $21.00 and $27.00 per square foot at an overall average of $25.00 per square foot, while the low exposure retail space is estimated to range between $20.00 and $24.00 per square foot at an overall average of $22.00 per square foot. The rent for the perimeter office space of the subject is estimated between $18.00 and $21.00 per square foot with a $19.50 per square foot average, while the interior office space is anticipated to range from $14.00 to $17.00 per square foot at an overall average of $15.50 per square foot. The estimated rents are based on five-year lease terms with the tenants responsible for all expenses with the exception of those associated with vacancy carry, reserves for replacement, and manage- ment not associated with common area maintenance. As indicated by the comparables, escalations are the norm at the present time and it is our opinion that a 3.0% increase in rent is representative of the current market. Our projections of market rent for the ten-year holding periods are as follows: Projected Market Rents Retail Office Year Premium Space Average Space Perimeter Space Interior Space 1 $25.00 $22.00 $19.50 515.50 2 $25.75 $22.66 $20.09 $15.97 3 $26.52 $23.34 $20.69 $16.44 4 $27.32 $24.04 $21.31 $16.94 5 $28. i4 324.76 $21.95 $17.45 6 $28.98 325.50 $22.61 $17.97 7 $29.85 $26.27 $23.28 $18.51 8 $30.75 $27.06 $23.98 $19.06 9 $31.67 $27.87 $24.70 $19.63 10 $32.62 $28.71 $25.44 $20.22 Intermountain Consultants. Inc. 11 13 Avon Center Commercial Condominiums VACANCY AND COLLECTION ALLOWANCE In projecting a stabilized vacancy and collection allowance for the subject units, several factors that are significant with regard to the facility have been analyzed including the location and exposure of the property in a desirable commercial area within the Town of Avon, the quality and design of the facility which is competitive with other centers and appealing to prospective tenants, the existing available inventory as well as projects that are planned to be developed in the near future, and the current 83.5% occupancy of the subject. In order to arrive at a stabilized vacancy rate, 20 commercial facilities in the Avon/Edwards area containing a combined 538,105 square feet of space were surveyed with an overall vacancy level of 11.7% indicated. Based on the performance of the subject, which is currently 83.5% leased, as well as on the occupancy levels in similar and competing buildings, it is our opinion that a long-term vacancy and collection allowance of 7.0% can be anticipated. REAL ESTATE TAXES AND ASSESSMENTS Assessed values in Eagle County are based upon 29% of the county asses'sor's estimated market value as of 2001. The 2001 taxes, which were due in April of 2002, are calculated by multiplying the assessment by the appropriate mill levy. The subject, identified as schedule numbers 45141, 45144, 45148-45156, 45158, 45958, and 46110, included a 2001 actual value of $4,498,760 and 3 2001 assessed value of $1,304,650. The 2001 mill levy is $59.741 per $1,000 of assessed valuation with the taxes calculated at $77,941 ($1,304,650 + $1,000 x $59.741). According to the treasurer's office, the taxes have been paid and no back taxes are due. Furthermore, the subject is not in a special improvement district. EXPENSES In the Income Capitalization Approach, it is necessary to estimate the expenses of the property which are applicable to the effective gross income. Annual operating expenses from similar buildings as well as the actual reported expenses for the subject for 2000 and 2001 have been reviewed in order to estimate the operating expenses for the retail/office condominiums. The actual expenses incurred by the subject are summarized on the following page. Intermountain Consultants. Inc. 12 13 Avon Center Commercial Condominiums Summary of Actual Expenses as Reported by Management 2000 2001 Description Actual PSF Actual PSF Reimbursable Expenses Management 5 .89 S .97 Association Fees $ 7.98 $ 8.49 Real Estate Taxes 3.76 3.72 Total $12.63 $13.18 Non-Reimbursable Expenses Administrative/Miscellaneous $ .71 $ 1.06 Reserves for Replacement $ .29 $ .00 Total $ 1.00 $ 1.06 Combined Total 1 $13.63 $14.24 In reviewing the preceding expenses, it should be noted that the first floor units are individually metered with the tenants paying directly for heat and electricity. The upper level office units are not separately metered with the tenants paying their pro rata share to the landlord. That cost, which is not included in the preceding figures, equated to $7,512 in 2000 and $6,518 in 2001. The condominium association fees encompass, those costs associated with maintaining the entire project and include insurance, landscaping, snow and trash removal, structural maintenance, security, common area utilities, and maintenance. The preceding figures do not include administrative costs associated with common area maintenance and reserves for replacement. In additior, to examining the expenses incurred by the subject, the actual expense pass-throughs of comparable properties in the subject's marketplace have also been analyzed. The expenses range from $6.00 to $10.00 per square foot and encompass repairs and maintenance, landscaping, insurance, common utilities and janitorial, trash and snow removal, and structural maintenance. Based on our analysis. the following stabilized expenses are beiieved to be representative of the subject: Summary of Stabilized Expenses Item Amount Operating Expenses Real Estate Taxes 19,679 sf ® $3.96 psf = $ 77,900 Common Area Maintenance 19:679 sf @ $9.35 psf = $164.000 Management/Administration 19,679 sf @ $ .25 psf = $ 4,900 Reserves for Replacement 19,679 st ® $ .20 psf = $ 3,900 Total Expenses ($13.76 per square foot) $270.700 Tenant Expense Reimbursement Real Estate Taxes 19.679 sf ® $3.96 psf = $ 77,900 Common Area Maintenance 19,679 sf @ $9.35 psf = $184,000 Total ($13.31 per square foot) $261,900 Less: Vacancy and Collection Allowance - 7.0% ($18,333) 1 Tenant Expense Reimbursement J$243,567 Net Expenses ($1.38 per square foot) $ 27,133 Intermountain Consultants. Inc. 13 CAPITALIZATION 13 Avon Center Commercial Condominiums The next step in the Income Capitalization Approach is the selection of the most applicable method of capitalization to apply to the net operating income. The two most commonly utilized methods are the Discounted Cash Flow Analysis technique and the Direct Capitalization technique. Discounted Cash Flow Analysis In order to arrive at an estimate of value, a ten-year cash flow projection was developed incorporating the loss or gain in income attributed to a number of factors including market and contract rents, expenses, occupancy/absorption, tenant improvement expenses, and leasing commissions. The projected cash flow as well as the anticipated reversion at the end of the tenth year are both discounted to a present value by an appropriate discount rate which is commensurate with the risk of an investment of this type. The reversion is based. on capitalizing the eleventh year income stream and deducting from that figure the estimated expenses of the sale. In developing the cash flow projection, the following assumptions were made: Rental Income The contract rents are escalated according to the provisions within the leases. The only leases with favorable options below market rent at that time Avon Liquor, Brass Parrot, McMahan & Associates, and Armstrong/Novastad - were assumed to be exercised. Once the leases expire and the favorable options have been exercised, market rent is then applied for the duration of the holding period. The potential market rent for the premium main level retail space of the subject is estimated at $25.00 per square foot and $22.00 per square foot for the average retail spaces. The rents for the second level office space are estimated at $19.50 per square foot for the perimeter units and $15.50 per square foot for the interior spaces. The rents, which are based on five-year lease terms, are prcjected to increase 3.0% annually for the duration of the holding period. The rents for Sheri Pinion, the month-to- month tenant, as well as the owner are applied at market levels. Expenses The expenses are based on provisions within the leases. The tenants are responsible for all expenses with the exception of reserves for replacement, vacancy carry, and management not associated with common area maintenance. The expenses are anticipated to increase 3.0% annually over the holding period. Occupancy/Absorption Based on our survey of the subject marketplace, a 7.0% long-term vacancy and collection allowance is deemed appropriate for the subject. The property is 83.5% leased at the present time and has achieved stabilization. Tenant Improvement Expenses The tenants are responsible Tor all tenant improvements which is consistent with he subject marketplace. Leasing Commissions Commissions of 7.0% are anticipated for the unleased space based on five-year lease terms. It is an assumption that commissions of 7.0% of the gross income will be paid on approximately 50% of the occupied space over the holding period. This accounts for rollovers as well as in-house leasing. 14 Intermountain Consultants. Inc. 13 Avon Center Commercial Condominiums Reversion The potential sale price ten years hence is estimated by capitalizing the eleventh year net income from the prepared projection. The applied overall rate of return of 10.00% is well supported by the range of overall rates indicated by the improved sales in the Avon/Edwards/Vail marketplace. Generally, the terminal capitalization rate is slightly higher than the capitalization rates indicated by the current market due to the associated risks perceived ten years out. The projected expenses of the sale are estimated at 4.0% of the anticipated sale price which are then deducted. The reversion is calculated as follows: Reversion Calculation Item I Amount 11 th Year Net Income $436,755 capitalized @ 10.00% = $4,367,550 - Less: 4.0% Sales Expense I 174,702) Indicated Reversion (md) 54,195,000 Discount Rate The estimated cash flows and reversion will not be obtained until the applicable future period. In arriving at a value for these future benefits, it is necessary to discount them to present value. Present value is defined as 'today's cash lump sum which represents. the current value of the right to collect future payments. o3 A discount rate of 12.00% has been applied in this projection which is considered consistentwith investment expectations and reflects current investoryield requirements for properties of this type in resort communities. 3 Real Estate Appraisal Terminology, the American Institute of Real Estate Appraisers and the Society of Real Estate Appraisers. 1984 15 Intermountoin Consultants. Inc. 13 Avon Center Commercial Condominiums Employing the preceding assumptions to the prepared cash flow projection, it is our opinion that the market value of the subject by use of the Discounted Cash Flow Analysis technique would be fairly represented at $3,270,000. 16 Intermountain Consultants. Inc. 13 Avon Center Commeraal wl Direct Capitalization In orderto arrive at an appropriate overall rate, we have relied on transactions of commercial properties located in the subject marketplace. These sales have been analyzed in such a manner that an overall capitalization rate has been developed. In each case, the gross income and expenses are taken in accordance with information confirmed by the buyer, seller, or real estate broker involved in the sale. The rate is influenced by the type and age of the property, its location, the type of tenancy, and the income/expense ratio. The improved sales are summarized as follows: Summary of Improved Sales Unit Sale Overall Size Sale Price Rate of No Name I Location Yoc SF Date Sale Price PSF Return Grantor I Grantee 1. 491e•vail Commercial SC 1975 Southwestern LLC 40814 US 6 8 24 Rmdld 13,875 1101 $2.330,000 $167.93 9.30% Eagle-Vail Business Eagle-Vail, Colorado 1997 Center LLC 2. Eagle-Vail Exchange 40690 1997 472 3 000 5 49 $168 9 10% Smallwood e LLC/ h n E US 6 & 24, Unit E Ea l V il C , 9101 . $ 58 . . xc g a ineerin R En d g e- , a olorado g a g er 3 Industrial Center 41 Southwestern LLC/ a 310 US 6 1976 36.750 4101 $4.900.000 $133.33 9.91% ty LLC Jaymark Realty Eagle-Vail, Colorado 4. Avon Center Condos #1291130/135 1976 Avon Commercial 100 W Beaver Creek Blvd Rmdld 4.201 10199 $ 966.230 $23040 9.10% Center/ Avon, Colorado 1990s BMW LLC 5. Benchmark Shopping Center Mountain 82 E Beaver Creek Blvd 1974 23.000 6101 $3,725,000 $161.96 I 9.50% Owners LP/ Avon, Colorado Stodmat Properties The overall rates indicated by the sales range from 9.10% to 9.91%, with all of the commercial properties stabilized at the time of sale. Based on the sales activity while also recognizing the risks associated with facilities such as Avon Center, an overall rate of 9.50% is believed to be representative of the subject. This rate is applied to the first year net operating income of the subject, before leasing commissions and retrofit as shown on the Discounted Cash Flow Analysis on Page 16, as follows: $SMMW Net Operating Income capitalized @ 9.50% = OSVIMMIW Rounded to -toomw Recapitulation T'. -e two techniques reflect a tight range of value from $3,270,000 to $3,355,000. Most weight wds applied to the Discounters Cash Flow Analysis technique which accounts for the variable income stream the .:operty will incur over the next ten years. ESTIMATE OF MARKET VALUE BY THE INCOME CAPITALIZATION APPROACH lip Intermountain Consultants. Inc. 17 "r Memo To. Honorable Mayor and Town Council Thru: Bill-Efting, Town Manager From: Ruth Borne, Director of Community Development Date August 22, 2002 Re: First Reading of Ordinance 02-19, An Ordinance Amending the Chapel Square PUD for Lots 22, 22A, 22B, Tract A, B-1, B-2, Block 2, Benchmark at Beaver Creek Subdivision Summary The applicant, LB Chapel Square LLC, has submitted a PUD amendment to amend the Chapel Square PUD to remove 'Note 16' and replace it with the note as outlined in the Ordinance, and to remove the 'Chapel' designation from the zoning documents to allow for the construction of a loading dock to serve Building C. The Planning and Zoning Commission recommended approval of this PUD Amendment on August 20, 2002 with five conditions as attached on Resolution 02-10, including the assessment of fines. Staff is recommending four conditions as outlined in Ordinance 02-19, and not recommending fines unless a new facade is not constructed in a timely manner. Recommendation Staff recommends that the Town Council pass Ordinance 02-19, amending the Chapel Square PUD as recommended in the conditions. Alternatives 1. Approve on First Reading 2. Deny on First Reading Proposed Motion "I move to approve on first reading Ordinance 02-19, approving an Amendment to the Chapel Square PUD for Lots 22, 22A, 22B, and Tracts A, B-1, B-2, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. " Town Manager Comments Attachments: A. Ordinance 02-19 Memo to Town Council, August 21, 2002 Page 1 of 2 Ordinance 02-19, Chapel Square PUD, Lots 22, 22A, 22B, Tracts A, B-1, B-2, Block 2, Benchmark at Beaver Creek PUD Amendment B. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 02-10 Memo to Town Council, August 21, 2002 Page 2 of 2 Ordinance 02-19, Chapel Square PUD, Lots 22, 22A, 22B, Tracts A, B-1, B-2, Block 2, Benchmark at Beaver Creek PUD Amendment TOWN OF AVON ORDINANCE NO. 02-19 SERIES OF 2002 AN ORDINANCE APPROVING AN AMENDMENT OF THE CHAPEL SQUARE PLANNED UNIT DEVELOPMENT (PUD) FOR LOTS 22, 22A, 22B, TRACTS A. B-19 B-2, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, LB Chapel Square LLC has applied for an Amendment to the Chapel Square PUD to remove `Note 16' and replace it with the note as outlined in the conditions below, and to remove the `Chapel' designation from the zoning documents and propose a loading dock to. service Building C; 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 August 20, 2002, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD Amendment; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed PUD Amendment to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the day of , 2002, at which time the public was given an opportunity to express their opinions regarding the proposed PUD Amendment; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: FACouncil\0rdinances\2002\0rd 02-19 Lots 22,22A, Tracts A, B-1, 132, 132 BMBC Chapel Sq PUD amend.doc 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. The Amendment of the Chapel Square PUD as outlined in the application and following conditions is consistent with goals and objectives of the Town's Comprehensive Plan, and is compatible with surrounding neighborhood and is consistent with the public interest. 3. That the development standards for the Chapel Square PUD, Lots 22, 22A, 22B, Tracts A, B-1, and B-2, Block 2, Benchmark at Beaver Creek Subdivision comply with each of the Town of Avon's PUD design criteria and that this proposed development is consistent with the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Chapel Square PUD Amendment removing `Note 16' and replacing it with the note as outlined in the conditions below, and removing the `Chapel' designation from the zoning documents and propose a loading dock to service Building C is hereby approved with five conditions: 1 Fagade improvements to the WalMart Building (Tract B-1) must be completed no later than January 1, 2003, and `Note 16' accordingly revised on the PUD mylars. No extensions will be granted. In the event of non-compliance of the faeade improvements, fines will be assessed from the original faeade deadline (October 29, 2001) as required in the original PUD approval and retroactive to that date per Town Code Section 17.40.010 (B)• 2. The final location, dimension, and details of the proposed loading dock to service Building C will be reviewed and approved through the design review process. This will require hard-line drawings to scale, and a recalculation of the available landscaping area for the entire project. 3. The PUD mylars will be revised to delete the proposed `Chapel' from Lot 22A, as well as revise the `Uses by Right' chart to indicate whether or not `Churches' is a use by right. FACouncil\0rdinances\2002\0rd 02-19 Lots 22, 22A, Tracts A, B-1, 132, 132 BMBC Chapel Sq PUD amend.doc 4. 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 , 2002, 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, , 2002, 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 , 2002. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney FACouncil\0rdinances\2002\0rd 02-19 Lots 22, 22A, Tracts A, B-1, 132, 132 BMBC Chapel Sq PUD amend.doc Staff Report PUD VON C O L O R A D O August 20, 2002 Planning & Zoning Commission meeting Report date August 16, 2002 Project type PUD Amendment Legal description Lots 22, 22A, Tracts A. B1, & B2, Block 2, BMBC Subdivision (Chapel Square PUD) Current zoning PUD Address 220 & 240 Chapel Square Place Introduction The new owner of Chapel Square, LB Chapel Square LLC (hereinafter referred to as "Owner"), is seeking several amendments to the existing PUD. The most significant amendment requested is to remove a condition placed on the original approval that required the facade of WalMart to be completed in the same style as the rest of the project within two years after the first. Temporary Certificate of Occupancy being issued for the property. The deadline for completing the facade improvements was October 29, 2001. Additionally, the Owner is seeking an amendment to the Chapel parcel to reconfigure the site to accommodate four additional parking spaces and a loading area to benefit Building C. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following design criteria, or demonstrate that one or more of them is not applicable, or that a particular development solution is consistent with the public interest. 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. The planned amendments generally conform to the Comprehensive Plan goals and objectives, in particular: Goal Al c :Identify parcels of land upon which the existing land use is inappropriate, and promote their redevelopment. Staff is requiring the Owner proceed with facade improvements, new color scheme, and stucco work as proposed in the accompanying final design application by January 1, 2003. Goal I: Ensure that a high quality visual image of the Town is established through both public and private sector activities. The requirement of a facade on the Wa1Mart building is an appropriate measure to protect the visual quality of the Chapel Square PUD. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 22, 22A, Tract A, B1, & B2, Lack 2, BMBC Subdivision, Chapel Square PUD Amendments August 20, 2002 Planning & Zoning Commission meeting Page 2 of 4 2. Conformity and compliance with the overall design theme of the town, the sub-area design recommendations. and design guidelines of the Town. The proposed changes comply with the overall design theme of the Town only if a fagade or other arcade arrangement is constructed as recommended by staff. To remove the requirement of a fagade without requiring the Owner to construct this building in a manner consistent with the remainder of the Chapel Square PUD is not acceptable and conflicts with the design theme of this project. 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 proposed PUD amendments should continue to be compatible with the immediate environment and design. The loading dock configuration must be reviewed under separate application for final design modification when engineering drawings are available. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The proposed uses and density continue to provide a compatible, efficient, and workable relationship with the surrounding uses and activities. The deletion of the proposed chapel from the project as a `use by right' is acceptable, since the Town did not require this chapel to be constructed through the original PUD approval. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. The proposed amendments should not affect any natural or geologic hazards that may exist on the PUD. 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. The proposed revisions to the site plan can be partially supported as a loading dock only, and should produce a more functional access plan for Building C. 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. The circulation system as proposed, with several minor modifications, appears compatible with the Town Transportation Plan. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Landscaping and open space are not issues of this.PUD amendment. 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. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 22, 22A, Tract A, B1, & B2, L.,,ck 2, BMBC Subdivision, Chapel Square PUD Amendments August 20, 2002 Planning & Zoning Commission meeting Page 3 of 4 The phasing plan and subdivision plan will remain functional and efficient, and the proposed PUD amendments do not appear to affect these items. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. Adequate public services are already in place for the entire Chapel Square PUD project. The proposed PUD amendments do not affect public services. 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 proposed PUD amendments do not appear to affect the existing road network servicing the project. 12. Development Standards The only development standard potentially affected by the proposal is the minimum landscaping area, which will need to be specifically identified when the new loading dock area is submitted as a design (minor modification) and building permit. Additionally, the deletion of the church and subsequent clarification on the "Uses By Right" chart must be recorded on a revised PUD mylar, as will the modification of the current fagade improvement requirement. Staff Comments Staff supports the fagade improvements and the revised condition as recommended herein and in companion with the final design application. The proposed parking and loading dock to Building C will require civil drawings to determine whether or not it is functional; however at this time, we would support the use of this area as a loading dock. We recommend the PUD mylars identify only a loading dock and continue review of this proposal through a formal design review process. Recommended Motion Approve Resolution 02-10, recommending to the Town Council approval of the Chapel Square PUD Amendment, Lots 22, 22A, Tract B-1, and Tract B-2, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado with the following conditions: 1. Fagade improvements to the WalMart Building (Tract B-1) must be completed no later than January 1, 2003, and `Note 16' accordingly revised on the PUD mylars. No extensions will be granted. Fines for non-compliance to the original fagade deadline (October,29, 2001) as required in the original PUD approval will be assessed and retroactive to that date per Town Code Section 17.40.010 (B). 2. The final location, dimension, and details of the proposed loading dock to service Building C will be reviewed and approved through the design review process. This will require hard-line drawings to scale, and a recalculation of the available landscaping area for the entire project. 3. The PUD mylars will be revised to delete the proposed `Chapel' from Lot 22A, as well as . revise the `Uses by Right' chart to indicate whether or not `Churches' is a use by right. Town of Avon Community Development (970) 748-4030 Fax (970) 949 5749 Lot 22, 22A, Tract A, B1, & B2, t,..,ck 2, BMBC Subdivision, Chapel Square PUD Amendments August 20, 2002 Planning & Zoning Commission meeting Page 4 of 4 4. 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. If you have any, questions regarding this project or any planning matter, please call me at 748- 4030, or stop by the Community Development Department. Respectfully submitted, Tambi Katieb, AICP Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 02-10 SERIES OF 2002 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF A PUD AMENDMENT TO THE CHAPEL SQUARE PUD FOR LOTS 22,22A, TRACTS A, Bl & B2, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, LB Chapel Square LLC, has applied for an amendment to Lots 22, 22A, Tract A, B 1 & B2, Block 2, Benchmark at Beaver Creek Subdivision, to amend the Chapel Square PUD to remove `Note 16' and replace it with the note as outline in the condition, and to remove the `Chapel' designation from the zoning documents; and WHEREAS, after notices required by law, a public hearing on said application was held by the Planning & Zoning Commission of the Town of Avon; and WHEREAS, said application is consistent with all legal requirements. NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby recommends to the Town Council of the Town of Avon approval of the application for PUD Amendment for Lot 22, 22A, Tract A, B 1, & B2, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado with the following conditions: 1. Fagade improvements to the WalMart Building (Tract B-1) must be completed no later than January 1, 2003, and `Note 16' accordingly revised on the PUD mylars. No extensions will be granted, or fines for non-compliance to the original fagade deadline (October 29, 2001) as required in the original PUD approval will be assessed and retroactive to that date per Town Code Section 17.40.010 (B). 2. The final location, dimension, and details of the proposed loading dock to service Building C will be reviewed and approved through the design review process. This will require hard-line drawings to scale, and a recalculation of the available landscaping area for the entire project. 3. The PUD mylars will be revised to delete the proposed `Chapel' from Lot 22A, as well as revise the `Uses by Right' chart to indicate whether or not `Churches' is a use by right. 4. The applicant consider revising the project name to remove `Chapel' from the title. 5. 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 20th DAY OF AUGUST, 2002 Signe Date: Chris Evans, Chairman Attest: A" V VbA! Date: 7, Michael. McClinton, Secretary