TC Council Packet 11-27-2001Town Council Meetings
Roll Call Check Sheet
narP? ??? ?I 1 v i
Michael Brown /
Debbie Buckley
Peter Buckley 7 V
Rick Cuny
Mac McDevitt
`
Buz Reynolds
f
Judy Yoder
Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for
meeting roll call or to break a tie vote.
Seating arrangements from west to east: P. Buckley, Cuny, Reynolds, Yoder, McDevitt,
D. Buckley, Brown
Sta f Present:
Bill Efting
Larry Brooks
Burt Levin
Kris Nash
Jacquie Halburnt
Scott Wright
Jeff Layman
Norm Wood
Meryl Jacobs
Bob Reed
Harry Taylor
?? Ruth Borne
Other Staff
1:ATown ClerkWouncilTacketsTouncil Meeting Check List.doc
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON l
NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, WILL BE HELD NOVEMBER 27, 2001,
AT 4:45 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE
FOLLOWING:
4:45 PM - 5:15 PM 1.) Staff Updates
Consent Agenda Questions
Council Committee Updates
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL
THIS MEETING IS OPEN TO THE PUBLIC
TO OF AVON, COLORADO
BY:
sten Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON NOVEMBER 21, 2001:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
ALPINE BANK
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
C7
L\Town ClerkTounciRAgendas & Worksessions\Agenda-Worksession.doc
TOWN OF AVON
® REGULAR COUNCIL MEETING AGENDA
November 27, 2001 - 5:30 PM
1. Call to Order / Roll Call
;
2. Citizen Input a.) Christmas in Avon Update (Ron Moreno)
b.) 2002 Town of Avon Budget (Scott Wright) Public Hearin
c.) Lot Splits in Wildridge (Brian Vedder) 1b,
C `
3. Ordinances
a.) Second Reading of Ordinance No. 01-17, Series of 2001, An Ordinance Approving an
vcl Amendment of the Wildridge Planned Unit Development (PUD) for Lot 12, Block 4,
Wildridge Subdivision, Town of Avon, Eagle County, Colorado (Ruth Borne) Public
Hearing
4. Resolutions
V _ a.) Resolution No. 01-37, Series of 2001, A Resolution Approving the Preliminary Plan for
Mountain Vista Employee Housing, A Resubdivision of Lot 1, Mountain Vista Resort
Subdivision, Town of Avon, Eagle County, Colorado (Norm Wood) Public Hearing
® 5. Unfinished Business
6. New Business
7. Town Manager Report (y
8. Town Attorney Report
9. Mayor Report
10. Other Business
11. Consent Agenda 41,
a.) Approval of the November 13, 2001 Council Meeting Minutes
" b.) Financial Matters
c.) CASTA Agreement for Fiscal Year 2003 FTA Funding Request
/ d.) Resolution No. 01-38, Series of 2001, A Resolution Approving the Condominium Map,
Mountain Vista Employee Housing, A Resubdivision of Lot 1, Mountain Vista Resort
Subdivision, Town of Avon, Eagle County, Colorado
12. Adjournment
I:ATown ClerkTounciRAgendas & Wo ssions\Agenda-Regular Meeting.doc
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brian ben&ik ve44er
aia, associate ---- design/build
p.o.box 1560 aeon, co 81620 ----- 970-949-0509 Fax -5049
bhvma@tekta.net ----- http://tekta net/vedder
Date: 11/21/01 --- 9:23 AM
Re: Ordinance # 91-17
COMMENT AND RECOMMENDATION
I wish to elicit discussion and draw the Council's attention to past legislation which does not seem
to advance the Town's best interests any longer.
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Kindest regards
Brian Vedder
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Memo
TO. Honorable Mayor and Town Council
ThnL Bill Efting, Town Manager
From Ruth Borne, Director of Community Development
Eric Johnson, Planning Technician
Date November 15, 2001
Re: Second Reading of Ordinance 01-17, An Ordinance Amending the Wildridge
PUD for Lot 12, Block 4, Wildridge Subdivision
Public Hearing
Summary
The Town of Avon is applying to amend the Wildridge PUD to increase the development
rights on Lot 12 Block 4 from single-family to duplex. Incorrect development information on
Lot 12, Block 4, Wildridge Subdivision was provided to the owner who relied upon this
information in purchasing the property. Staff erroneously informed the owner that the
property had development rights for a duplex residence by providing evidence of the duplex
zoning via fax (copy attached to staff report).
The Planning and Zoning Commission determined that the increase of development rights
on Lot 12 Block 4 Wildridge, from single-family to duplex, would not negatively affect
Wildridge. The Commission further determined that the PUD amendment was in
conformance with the Comprehensive Plan, Policy A1.1 that states, "Development and
redevelopment will be of a scale and intensity appropriate for the neighborhood in which it is
located." Duplex-zoned lots surround the property. The property is on the north side of
Wildridge Road and is adjacent to Forest Service property. In Wildridge, there are only
fourteen (14) lots zoned single-family out of 353 lots in Wildridge. Ten (10) of the single-
family lots are in Block 1 located on Beaver Creek Point. There is only one other single
family zoned lot in Block 4.
Based upon discussions with the Town Attorney, the Town has filed an application for a
PUD Amendment to increase the development rights on the property to a duplex. Attached,
please find a memo prepared by Burt Levin, Town Attorney, outlining the legal theory
supporting this matter. On October 16, 2001 the Planning and Zoning Commission
approved Resolution 01-16, recommending approval to the Town Council for the PUD
Amendment. On November 13, 2001 Town Council approved Ordinance 01-17 on first
reading by a vote of 4-3.
Memo to Town Council, November 27, 2001 Page 1 of 2
Ordinance 01-17, Amend Lot 12 Wildridge PUD
Background 10,
1978 Wildridge Final Plat - 356 lots, 830 Dwelling Units (Lot 12, Block 4 zoned for
duplex)
• 1980 Wildridge RePlat Number 1: 352 lots, 830 DU (Lot 12, Block 4 zoned duplex)
• 1981 Wildridge RePlat Number 2: 338 lots, 849 DU (Lot 12, Block 4 zoned single-
family)
• August 15, 2000, the Planning and Zoning Commission recommended denial of the
PUD amendment to Council.
• August 22, 2000, the owner withdrew the application.
• October 16, 2001, the Planning and Zoning Commission recommended approval of
the PUD amendment to Council.
Recommendation
Staff recommends that the Town Council pass Ordinance 01-17, amending Wildridge PUD
to increase the development rights for Lot 12 Block 4, Wildridge Subdivision from single-
family to duplex.
Alternatives
1. Approve on Second Reading
2. Deny on Second Reading f
Proposed Motion
"I move to approve on second reading Ordinance 01-17, approving an amendment to the
Wildridge PUD for Lot 12 Block 4, Wildridge Subdivision, Town of Avon, Eagle County,
Colorado. "
Town Manager Comments
Attachments:
A. Ordinance 01-17
B. Planning and Zoning Commission Staff Report
C. Planning and Zoning Commission Resolution 01-16
11
Memo to Town Council, November 27, 2001 Page 2 of 2
Ordinance 01-17, Amend Lot 12 Wildridge PUD
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON 1
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 27th DAY OF NOVEMBER
2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 01-17, SERIES OF 2001:
An Ordinance Approving an Amendment of the Wildridge Planned Unit Development (PUD) for
Lots 12 Block 4, Wildridge 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 14th day of November, 2001.
TOWN OF AVON, COLORADO
BY:_
Miranda Steber
Deputy Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
NOVEMBER 14,2001:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
ALPINE BANK
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
TOWN OF AVON
ORDINANCE NO. 01-17
SERIES OF 2001
AN ORDINANCE APPROVING AN AMENDMENT OF THE
WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR
LOTS 12 BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF
AVON, EAGLE COUNTY, COLORADO.
WHEREAS, the Town of Avon has applied to amend the Wildridge PUD for Lot 12
Block 4, Wildridge Subdivision, to increase the development rights from single-family to duplex;
and
WHEREAS, the proper posting, publication and public notices for the hearings before
the Planning & Zoning Commission of the Town of Avon were provided as required by law; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public
hearing on October 16, 2001, 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 November, 2001, 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:
0
FACouncil (c)\Ordinances\2001\Ord 01-17 L12 B4 WR PUD amendmentdoc
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. That the amendment of the Wildridge PUD for Lot12 Block 4, Wildridge
Subdivision is consistent with goals and objectives of the Town's Comprehensive
Plan, is compatible with surrounding neighborhood and is consistent with the
public interest.
3. That the development standards for Lot 12 Block 4, Wildridge 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 amendment to the Wildridge PUD for Lot 12 Block 4, Wildridge Subdivision, to increase
the development rights from single-family to duplex is hereby approved with no conditions.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this 13 day of November, 2001, and a public hearing shall be held at the regular
meeting of the Town Council of the Town of Avon, Colorado, on the 27 day of, November
2001, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
dy Yod , Ma r
Nash, Town Clerk
11
FACouncil (c)\Ordinances\2001\Ord 01-17 L12 B4 WR PUD amendment.doc
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INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED.
Town of Avon, Colorado
Town Council
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
APPROVED AS TO FORM:
Burt Levin, Town Attorney
11
F:ACouncil (c)AOrdinances\2001\Ord 01-17 L12 B4 WR PUD amendment.doc
C]
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 01-16
SERIES OF 2001
A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF
THE TOWN OF AVON APPROVAL OF AN AMENDMENT TO THE
WILDRIDGE PUD FOR LOT 12, BLOCK 4, WILDRIDGE SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO
v
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WHEREAS, Alice Leeds has applied for an amendment to the Wildridge PUD to convert
Lot 12, Block 4 from a single-family lot to a duplex lot.
WHEREAS, after notices required by law, a public hearing on said application was held by
the Planning & Zoning Commission of the Town of Avon.
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 amendment to the Wildridge PUD to establish Lot 12, Block 4 as a duplex lot.
ADOPTED THIS 16th DAY OF OCTOBER, 2001
Si
Date:
Chris Evans, Chair
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Date: (0 ?? Z-cv
Town of Avon
Staff Report
PUD
October 16, 2001 Planning & Zoning Commission meeting
Report Date October 9, 2001
Project Type Planned Unit Development (PUD) Amended
Legal Description Lot 12, Block 4, Wildridge Subdivision
Current Zoning Single Family (PUD)
Address 5712 Wildridge Road East
Introduction
According to the Final Subdivision Plat, Replat Number 2 of Wildridge, Town of Avon, Lot 12,
Block 4, Wildridge Subdivision has development rights for a single-family residence. The Town
of Avon is applying to amend the PUD to increase the development rights on the site for a
duplex residence on the site. On August 15, 2000, the Planning and Zoning Commission
reviewed this application and recommend denial of the application to Council by Resolution 00-
06. The applicant then withdrew its application to Council on August 22, 2000.
This issue is brought before you because incorrect development information on Lot 12, Block 4,
Wildridge Subdivision was provided to the owner. Staff erroneously informed the owner that the
property had development rights for a duplex residence by providing evidence of the duplex
zoning via fax (copy attached). The owner relied upon this information in purchasing the
property.
Based upon discussions with the Town Attorney, the Town has filed an application for a PUD
Amendment to increase the development rights on the property to a duplex. Attached, please
find a memo prepared by Burt Levin, Town Attorney, outlining the legal theory supporting this
matter.
There has been several letters received in opposition to this application, which have been
attached to this report. The criteria for amending the PUD are set forth below and provide an
adequate basis for approving the PUD amendment for this property.
PUD Review Criteria
1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives.
Policy A 1.1: Development and redevelopment will be of a scale and intensity appropriate
for the neighborhood in which it is located.
This proposal is consistent with the goals and policies of the Town by supporting residential
uses.
2. Conformity and compliance with the overall design theme of the Town, the sub-area
design recommendations and design guidelines of the Town.
The project is surrounded by duplex properties. Lot 12, Block 4, is almost an acre in size.
The site abuts Tract J, which is Town owned designated open space and then extends onto
Forest Service property. The project will have to conform to all of the design criteria
established by the Town through the Final Design review process.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
C.
11
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Lot 12, Block 4, Wildridge, Planned Unit Development Amendment
October 16, 2001 Planning & Zoning Commission Meeting
Page 2 of 3
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 property was granted Final Design review in 1998 for a single-family home. Staff
erroneously identified this property as a duplex lot in the Staff Report. All of the design
factors suggest that a duplex design is compatible with the environment, neighborhood and
the adjacent properties. Most of the adjacent lots are zoned as duplex lots. There are only
fourteen (14) single-family lots out of 353 lots in Wildridge. Ten (10) of the single-family
lots are in Block 1 located on Beaver Creek Point. There is only one other single family
zoned lot in Block 4.
4. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
There are no known natural or geologic hazards on this site.
5. A circulation system designed for both vehicles and pedestrians addressing on and
off site traffic circulation that is compatible with the town transportation plan.
One access point from Wildridge Road for this property will accommodate the traffic and
circulation constraints for this site compatible with Town requirements.
6. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
A duplex on this property will not have a significant impact on the views from surrounding
properties nor will it affect adjacent Town owned open space (Tract J) and the existing
easement for the Town water storage facilities.
7. 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.
There is no phasing plan.
8. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks, and police and fire protection.
Public services are adequate to accommodate the addition of one dwelling unit.
9. 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.
Traffic will not be adversely impacted by the addition of one dwelling unit.
10. Development Standards
The change from a single-family to a duplex residence will not affect the Wildridge PUD
development standards now in effect for this property.
Recommended Motion
I move to approve the Planning & Zoning Resolution 01-16, recommending approval of the
application for amendment to the Wildridge PUD to establish Lot 12 Block 4, Wildridge
Subdivision as a duplex lot.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 12, Block 4, Wildridge, Planned Unit Development Amendment page 3 of 3
October 16, 2001 Planning & Zoning Commission Meeting
If you have any questions regarding this project or anything in this report, please call me at 748-
4009 or stop by the Community Development Department.
Respectfully submitted,
Vy /
R th O. Borne
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MEMORANDUM
FROM: Burt Levin, Town Attorney ,
TO: Hon. Mayor and Town Council
RE: Ordinance No. 10, Series of 2000
DATE: August 16, 2000
Attached is a first reader copy of Ordinance 10, Series of 2000, which, if enacted,
changes the zoning for Lot 12, Block 4, Wildridge Subdivision, from single family to
duplex.
Also attached is Community Development's Staff Report to the Planning & Zoning
Commission regarding the rezoning of the lot. Community Development recommended
to P&Z that the lot be rezoned.
E
This rezoning application is made in the name of the Town and at the request of the
owner of the lot in question. The reason the application has been made in the name of the
Town is to correct an unfairness, or a potential unfairness, to the owner of the lot
Before purchasing the lot in question, the current owner inquired of the Community
Development Department whether the zoning on the lot would permit construction of a
duplex as well as a single family home. A staff member of the Community Development
Dept. erroneously informed the owner that the lot was zoned by Callow ommunity single family
or duplex. The staffer also faxed the owner a sheet prepared
Development listing her lot as being zoned for a duplex. (A copy of the fax with the
erroneous information is attached hereto.) (Also attached is a copy of a Comrnmunity
Development Staff Report dated April 2,19991 showing the zoning on the lot as duplex.)
In reliance on the statement she received from the Town, the owner entered into a
contract to purchase the lot. The contract was silent concerning the zoning.
After she purchased the lot, the owner made inquiries to the Town concerning
construction of a duplex, but was informed that the lot is zoned to permit only a single
- _.._--fagy home.-The-ewnm-mseMAhat-she
aware that it was not zoned to permit construction of a duplex. The owner requested that
the zoning on the lot be changed to be consistent with the information she received from
the Town, and upon which she relied.
As a staff, we asked ourselves whether the owner should have realized the zoning was
single family notwithstanding the contrary information she received from the Community
Development Dept. prior to entering into a contract to purchase the lot. We concluded
that as a practical matter the owner had done exactly what she should have done to
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ascertain the zoning on the lot before signing the contract. There would have been no
practical reason for the owner to doubt what she had been informed by the Town
department which includes the Zoning Administrator (i.e. no reason for her to come in
and inspect the official zone map). So, we concluded that the owner's reliance on the
erroneous factual information she received from the Town was reasonable.
The owner has not threatened to sue the Town to conform the zoning of her lot to duplex,
but such a suit could have merit. The legal principle involved is a simple one based on
fairness. If a governmental entity makes a factual assertion to a citizen, and the citizen
changes his or her position in reasonable reliance on such factual assertion, the
government may not later disavow its factual representation. In other words, if a citizen
reasonably and detrimentally relies on a factual representation of a responsible
government official, the government is "estopped" from denying the validity of its
assertion. See Colorado Water Quality Control Commission v. Town of Frederi ck. 641
P.2d 958 (Colo. 1982).
The doctrine of estopped supports the Town's application to rezone the lot in question.
The owner claims she relied on the information she received from the Town concerning
the zoning, and that she would not have purchased the lot had she know the zoning was in
fact other that what she had been told by the Town. The owner's reliance on the Town's
representation was reasonable because (1) it came from the responsible official, and (2) in
fact the vast majority of lots in Wildridge, including the lots immediately surrounding her
lot, are zoned for duplex (or three or four-plex).
As the staff report of Community Development to the P&Z on this matter indicates,
setting aside the unfairness to the owner which would result if the lot is not rezoned, the
lot in fact is appropriate for a duplex. There are only 9 lots in Wildridge zoned single
family. (Indeed, at one time the lot in question was itself zoned as a duplex lot.) Since
the vast majority of the lots in the vicinity of the lot in question are zoned duplex, there is
no question but that rezoning to duplex would be consistent with the Town's
comprehensive plan and the surrounding neighborhood. Obviously there is adequate
infrastructure to accommodate a duplex on the lot in question.
P&Z denied the Town's application to rezone the lot. I advised P&Z that it could and
should consider the legal principle of estoppel in deciding this matter. Based on its
comments, the Commission appears to have believed that it should disregard the equities
of the situation and not take into account the doctrine of estoppel, instead, leaving the
equities of the question to the Town Council. In denying the Town's application to
rezone the lot in question, the Commission seems to have determined simpry that as an
abstract matter Wildridge should not be up-zoned.
Attached please find five letters of comment from members of the public.
In conclusion, the Town staff believes a rezoning of the lot is the only fair outcome in
this case in view of the owner's reasonable reliance on the Town's representation to her
that the lot she was about to purchase was zoned for a duplex.
Memo •
To: Planning & Zoning Commission, Honorable Mayor and Town Council
From: Burt Levin, Town Attorney
Date July 24, 2000
Re: Resolution No. 00-06, PUD Amendment for Lot 12, Block 4, Wildridge
Subdivision from a single-family lot to a duplex lot
Summary: The owner of Lot 12, Block 4, Wildridge Subdivision ("the Property")
purchased the property in 1999. Staff provided the owner with land use information
via fax, which indicated the Property, was zoned duplex. The owner reasonably
relied upon this land use information in purchasing the Property. The Property is
surrounded by duplex lots, abuts Forest Service property, and is almost an acre in
size.
Recently, the owner contacted staff and was informed the Property is in fact a single-
family lot. The owner presented the fax copy provided by our office indicating the
property is a duplex lot.
The case law in Colorado and other jurisdictions is clear. If a person detrimentally
relies upon erroneous information provided by a governmental entity, then the Town
is estopped from denying the owner the remedy. In other words, the owner of Lot 12,
Block 4, Wildridge, purchased the property based upon the incorrect information that
the Property allowed a duplex. The owner contends that she would not have
purchased the property had the correct information been disclosed i.e, that the
Property is limited to a single family residence. It is unjust to prevent the owner from
obtaining what she thought she was purchasing.
Recommendation: Staff recommends the Planning & Zoning Commission
recommend approval of the PUD Amendment for Lot 12, Block 4, Wildridge
Subdivision.
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Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Norman Wood, Town Engineer
Anne Martens, Assistant Town Engineer 91k\
Date: November 20, 2001
Re: Resolution No. 01 - 37, Approving the Preliminary Plan for Mountain Vista Employee
Housing, A Resubdivision of Lot 1, Mountain Vista Resort Subdivison, Town of Avon,
Eagle County, Colorado (180 West Beaver Creek Boulevard) - Public Hearing
Summary: Points of Colorado, Inc., owner's of Lot 1, Mountain Vista Resort Subdivision,
have submitted a Preliminary Plan to resubdivide Mountain Vista Employee Housing, Town
of Avon, Eagle County, Colorado. This is a Condominium Subdivision of a developed lot,
® creating 22 units. The Subdivision is in conformance with the Title 16 of the Avon Municipal
Code, Subdivisions.
Recommendations: Staff recommends approval of Resolution No. 01 - 37, Series
of 2001, A Resolution Approving the Preliminary Plan, Mountain Vista Employee Housing, a
Resubdivision of Lot 1, Town of Avon, Eagle County, Colorado, subject to completion of
technical corrections to be approved by staff.
Town Manager Comments:
11
1:1Engineering\Subdivision\Benchmark at BC%L1 MtnVistaPP.doc
TOWN OF AVON
RESOLUTION NO.01- 37
Series of 2001
A RESOLUTION APPROVING THE PRELIMINARY PLAN FOR MOUNTAIN VISTA
EMPLOYEE HOUSING, A RESUBDIVISION OF LOT 1, MOUNTAIN VISTA RESORT
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Points of Colorado, Inc. have submitted a Preliminary Plan for the Resubdivision
of Lot 1, Mountain Vista Resort Subdivision, Town of Avon, Eagle County, Colorado; and
WHEREAS, the Preliminary Plan has been reviewed by the Town Staff, notices have been
mailed, and a public hearing held in accordance with the requirements of Title 16 of the Avon
Municipal Code; and
WHEREAS, the Preliminary Plan was found to be substantially in conformance with Title 16 of
the Avon Municipal Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration as a
Preliminary Plan.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Preliminary Plan for Mountain Vista Employee Housing, A Resubdivision
of Lot 1, Mountain Vista Resort Subdivision, Town of Avon, Eagle County, Colorado, is hereby
approved by the Town of Avon subject to:
The completion of technical corrections as identified by Town Staff.
ADOPTED THIS
DAY OF
, 2001.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
C
•
Kris Nash
Town Clerk
I:\Engineering\Subdivision\Bencbmark at BCTI MmVistaRes0137.doc
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD NOVEMBER 13, 2001
A regular meeting of the Town of Avon, Colorado was held in the Municipal Building,
400 Benchmark Road, Avon, Colorado in the Council Chambers.
The meeting was called to order by Mayor Judy Yoder at 5:30 PM. A roll call was taken
with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Rick Cuny, Mac
McDevitt, and Mayor Protem Buz Reynolds present. Also present were Town Manager
Bill Efting, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks, Town
Clerk Kris Nash, Human Resource Director Jacquie Halburnt, Police Chief Jeff Layman,
Recreation Director Meryl Jacobs, Transportation Director Harry Taylor, Director of
Community Development Ruth Borne, Public Works Supervisor Rob Janusz, Planner
Tambi Katieb, Planning Technician Eric Johnson, as well as members of the press and
public.
Ordinances:
Second Reading of Ordinance No. 01-16, Series of 2001, An Ordinance Approving the
First Amendment (the "Amendment") to the Annexation and Development Agreement
(the "Agreement") Between the Town of Avon (the "Town") and Traer Creek LLC, A
Colorado Limited Liability Company, EMD Limited Liability Company, A Colorado
Limited Liability Company (Collectively the "Owner"), and Traer Creek Metropolitan
District, a Quasi-Municipal Corporation and Political Subdivision of the State of
Colorado (the "District") Concerning the Development Rights and Responsibilities of the
Town and the Owner with Respect to the Village at Avon; Authorizing and Instructing
the Mayor of the Town to Sign the Amendment on Behalf of the Town, and Approving a
Site Specific Development Plan Establishing a Vested Property Right Pursuant to Article
68 of Title 24, C.R.S., as Amended
Mayor Yoder stated this is a public hearing.
Community Development Director Borne stated this is the second reading for the
amendment to the Development Agreement for the Village at Avon. She stated it revises
some of the timing, streetscape improvements and other improvements associated with
the Village.
Councilor McDevitt stated that he voted against this ordinance on first reading because
the date on the completion of the interchange has been increase by two months. He was
concerned at that time about the legal implications and whether it would cost the Town
anything. He stated that apparently it will not so he no longer has issue with that..
Councilor McDevitt motioned approval of Ordinance No. 01-16, Series of 2001, on
second reading. Councilor Cuny seconded the motion.
Mayor Yoder asked for a roll call. 0
The motion carried unanimously.
Ordinances:
First Reading of Ordinance No. 01-17, Series of 2001, An Ordinance Approving an
Amendment of the Wildridge Planned Unit Development (PUD) for Lot 12, Block 4,
Wildridge Subdivision, Town of Avon, Eagle County, Colorado
Ms. Borne stated that the Town is proposing to increase the development rights on Lot
12, Block 4 from single family residence to duplex residence. Staff erroneously
provided the owner with incorrect information on the zoning, which she relied on to
purchase the property. The Planning & Zoning Commission (P&Z) determined that this
change complies with the Comprehensive Plan, that there is no negative impact to the
neighborhood. There are only 14 single family lots out of 353 lots in Wildridge, less than
10% of the lots. She added that 10 of the single family lots are on Beaver Creek Point.
Staff and P&Z recommends approval on first reading.
Councilor McDevitt asked Town Attorney Levin about the legal issues that were brought
up by a citizen, Mr. Gardner. Mr. Levin stated that Mr. Gardner's point is that the Town
would not necessarily lose a case on the doctrine of estoppel if the Town refuses to pass
the ordinance and up zone the property from single family to duplex. Mr. Levin stated
there is a fairness argument that the owner could make in court in the event that she
applies to the town to change to duplex zoning. Mr. Levin stated that the Town gave the
owner erroneous information which she claims she relied on to close on the property. He
stated that an argument could be made that we misled her and that she relied to her
detriment what we told her. He stated that the did not conclude whether we would lose or
that she would win. Mr. Levin stated if the Council does not change the zoning, the
owner can choose to sue the Town. If she does, the applicant is going to depend on all
the facts, but she has one significant fact in her favor which is that we gave her the wrong
information when she asked for it. He added that if the Council declines the change and
she does sue us, there will be an inquiry about whether what we told her is reasonable and
there will be arguments on both sides. He stated that he is not advising the Council that if
they deny the change of zoning on the property that they will necessarily lose in court.
Mr. Levin stated that one of the things the Council should think about is should she have
known the zoning of the property when she closed on the property, and was her reliance
on the Town information reasonable or not.
Councilor Peter Buckley asked Mr. Levin if a neighboring residence could sue the Town
because we changed previous zoning. Mr. Levin stated they might have standing to
complain, but the Council has discretion to change an ordinance. He does not see that a
neighbor would have any grounds to go into court and challenge the Council's action to
change the zoning.
Regular Council Meeting
November 13, 2001
Mayor Protem Reynolds asked Ms. Borne if this was the only single family lot in Block
4. Mr. Borne stated that there is one other a few blocks away. Ms. Borne stated what is
deceiving is that there are so many single family lots constructed in Block 4, but there is
only one other lot zoned single family.
Councilor Brown motioned approval of Ordinance No. 01-17, Series of 2001. Mayor
Protem Reynolds seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried with Mayor Yoder breaking a tie vote. Those voting aye were:
Councilors Brown, McDevitt, Mayor Protem Reynolds, and Mayor Yoder. Those voting
nay were Councilors Debbie Buckley, Peter Buckley and Curly.
Resolutions:
Resolution No. 01-33, Series of 2001, A Resolution Approving Final Plat and
Subdivision Improvements Agreement for the Village (at Avon) Filing 1, Town of Avon,
Eagle County, Colorado
Ms. Borne stated that this is the Final Plat and Subdivision Improvements Agreement for
the Village at Avon, Filing 1. She stated that it is in compliance with the preliminary
plan. She stated that all of the securities are included and outlined in the agreement.
Staff recommends approval.
Mayor Protem Reynolds questioned what happens with the interchange since it is a
separate entity. Ms. Borne stated that is covered in the Amendment to the Development
Agreement approved in Ordinance No. 01-16.
Assistant Town Manager Brooks stated that project is dealt with in the Annexation and
Development Agreement and the securities for that will be given directly to Colorado
Department of Transportation (CDOT) in the form of cash.
Councilor Debbie Buckley motioned approval of Resolution No. 01-33, Series of 2001.
Councilor Peter Buckley seconded the motion. The motion carried unanimously.
Resolutions:
Resolution No. 01-34, Series of 2001, A Resolution Approving Preliminary Subdivision
Plan for the Village (at Avon) Filing 2, Town of Avon, Eagle County, Colorado
0 Mayor Yoder stated this is a public hearing.
Regular Council Meeting
November 13, 2001
Ms. Borne stated that Wintergreen Homes submitted an application for Preliminary Plan.
The plan has been submitted to Eagle River Water and the Eagle River Fire Protection
District for review. The Planning & Zoning Commission recommended approval via
their resolution.
Councilor McDevitt asked if the P&Z passed their resolution unanimously. Ms. Borne
stated yes they did.
Mayor Protein Reynolds asked if this will totally develop the second filing. Mr. Jeff
Spanel, boardmember of the affordable housing board for this project, stated there is a
reservation on Tract A, which goes from the western most building to the west that Traer
Creek would potentially preserve. They could come back later and try to do something to
that parcel.
Councilor Peter Buckley motioned approval of Resolution No. 01-34, Series of 2001.
Councilor Debbie Buckley seconded the motion. The motion carried unanimously.
Resolutions:
Resolution No. 01-36, Series of 2001, A Resolution Approving the Town of Avon
Residential, Commercial and Industrial Design Guidelines - Procedures, Rules and
Regulations 0
Mayor Yoder complimented all involved in preparing the Guidelines.
Town Planner Tambi Katieb stated that the P&Z unanimously adopted the Guidelines at
their November 6, 2001 meeting. He stated that a technical assistance grant was received
by NWCCOG to publish the guidelines and put a copy on our web site for easy access.
Staff recommends approval.
Mayor Protein Reynolds questioned the compliance deposit. He stated that it is $5000, or
2% of the valuation of the construction, due at the beginning of the project. He stated it
is a large expense. He stated that, as a builder, it is the only problem he has is coming up
with more expenses at the beginning of a project. He stated that he does understand that
the Town requires a deposit at the end of the project if the builder gets a TCO, but the
compliance deposit is a different thing all together.
Mayor Yoder stated that as she recalls they asked for it because they had problems not
having it before. The rest of the Council agreed.
Mayor Protem Reynolds motioned approval of Resolution No. 01-36, Series of 2001.
Councilor Brown seconded the motion. The motion carried unanimously.
11
Regular Council Meeting
November 13, 2001
I
v
Consent Agenda:
a.) Approval of the October 23, 2001 Council Meeting Minutes
b.) Resolution No. 01-35, Series of 2001, A Resolution Approving the Final
Plat, a Resubdivision of Lot 51, Block 1, Wildridge, Town of Avon, Eagle
County, Colorado
c.) Contract for Metcalf Storm Drainage
Mayor Protem Reynolds motioned approval of the Consent Agenda. Councilor Debbie
Buckley seconded the motion. The motion carried unanimously.
There being no further business to come before the Council, Councilor Brown motioned
to adjourn the meeting. Councilor McDevitt seconded the motion. The motion carried
unanimously and the meeting adjourned at 5:49 PM.
Y SUBMITTED:
lqrigten Nash, Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Rick Cuny
Mac McDevitt
Buz Reynolds
Judy Yoder
Regular Council Meeting 5
November 13.2001
FINANCIAL MATTERS
November 27, 2001
1. Detail - Building Activity Report
2. Detail-Real Estate Transfer Taxes
3. Detail-Sales Tax Update
4. Detail-Accomodations Tax Update
11
11
t
f
Town of Avon 970-748-4030
P.O. Box 975
Avon, Co. 81620
748-4094 For Inspection Request
Permit Tally Printed:11/6/01
For: October, 2001 Pagel of 1
Permit Purpose: New Mobile Home
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 1 Construction Value: $50,000.00
# of Bldgs: # of Units: 1 Permit Charges: $127.50
Permit Purpose: Repair/Remodel MF Residential
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 2 Construction Value: $30,000.00
# of Bldgs: # of Units: Permit Charges: $924.12
Permit Purpose: Repair/Remodel SF Residential
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 2 Construction Value: $42,000.00
# of Bldgs: # of Units: 1 Permit Charges: $938.14
Totals:
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 5 Construction Value: $122,000.00
# of Bldgs: # of Units: 2 Permit Charges: $1,98936
Town of Avon
Real Estate Transfer Tax Transactions
Calendar Year 2001
Purchaser Amount of RETT
Name Property Received
$892,314.37
Hayes Lot 52B Blk 4 WR ($3,200.00)
Kyle Benchmark Condo #131 $1,200.00
Freihofer/Fairchild Buck Creek Condo #A301 $7,500.00
J.J. Jerman Investments Gemni Duplex #B $7,200.00
Shannon Sunset Townhome #2 $2,420.00
Rice,Rice & Rice Christie Lodge Timeshares $15.00
Buckman/Mollerup Mountain Star Lot 1 $22,000.00
Bouchard Christie Lodge Timeshares $24.00
Blume Bridgewater Condo #5C $4,780.00
Brogren Avon Crossing #4101 $940.00
Brogren Avon Crossing #3102 $700.00
Walker Lot 13, 14, 15 Wildridge Acres $6,800.00
Santini Sonne Halde Condo #2A $440.00
Fulkrod Avon Crossing #1303 $6,900.00
Mildred Goldstein Trust Lot 50 Blk 4 WR $10,000.00
Title Company of the Rockies Falcon Pointe Timeshares $150.10
Title Company of the Rockies Chrisitie Lodge Timeshares $185.60
Title Company of the Rockies Christie Lodge Timeshares $371.20
Title Company of the Rockies Christie Lodge Timeshares $201.60
Jeffrey H Bailey Rovacable Trust Lot 17 Blk 2 Eaglebend $8,000.00
Holiday Transfer Service Christie Lodge Timeshares $48.00
Poehling Lot 51A Blk 1 WR $9,500.00
Carolyn Lay and Tracy Lay Trust Sunridge #101 N $2,695.00
1
Town of Avon
Real Estate Transfer Tax Transactions
Calendar Year 2001
Purchaser Amount of RETT is
Name Property Received
Carolyn Lay and Tracy Lay Trust Sunridge #B103 $2,780.00
Medina Sonnen Halde Condos $290.00
Total through October
$984,254.87
Y
TOWN OF AVON
SALES TAX BY MONTH
1997 96'-97'%
Change 1998 97'-98'%
Change 1999 98'-99'%
Change 2000 99'-00'%
Change 2001 00'-01%
Change Total 5-Yr
% Increase
January
February
March
April
May
June
July
August
September
October
November
December 377,597.32
362,516.58
468,675.51
265,356.48
241,012.56
313,116.79
353,101.99
338,134.48
319,410.91
263,685.99
339,200.41
533,904.08 13.67%
10.86%
14.88%
4.91%
8.53%
5.03%
5.37%
4.22%
5.58%
-0.89%
18.94%
4.86% 379,424.41
378,112.00
460,191.56
310,197.72
249,079.90
337,562.03
370,086.73
363,110.96
333,508.38
305,035.11
335,073.59
550,077.22 0.48%
4.30%
-1.81%
16.90%
3.35%
7.81%
4.81%
7.39%
4.41%
15.68%
-1.22%
3.03% 384,939.69
397,323.16
474,933.06
302,864.19
265,405.35
395,755.68
395,954.38
366,648.94
364,432.54
295,541.62
320,335.28
564,813.35 1.45%
5.08%
3.20%
-2.36%
6.55%
17.24%
6.99%
0.97%
9.27%
-3.11%
-4.40%
2.68% 359,721.88
397,291.59
457,053.94
337,087.43
286,191.36
398,869.89
415,978.51
400,447.52
375,400.90
320,796.00
329,170.99
607,777.58 -6.55%
-0.01%
-3.76%
11.30%
7.83%
0.79%
5.06%
922%
3.01%
8.55%
2.76%
7.61% 408,217.16
401,384.50
503,411.30
344,079.71
317,331.11
393,695.61
434,867.02
421,012.61
356,264.03
- 13.48%
1.03%
10.14%
2.07%
10.88%
-1.30%
4.54%
5.14%
-5.10%
-100,00%
-100.00%
-100.00% 8.11%
10.72%
7.41%
29.67%
31.67%
25.73%
23.16%
24.51%
11.54%
-100.00%
-100.00%
-100.00%
YTD Total 4,175,713.10 8.10% 4,371,459.61 4.69% 4,528,947.24 3.60% 4,685,787.59 3.46% 3,580,263.05 4.44% 17.81%
YTD Through September Collections 1997-2001
3,600,000.00
3,500,000.00
3,400,000.00
3,300,000.00
3,200,000.00
3,100,000.00
3,000,000.00
2,900,000.00
2,800,000.00
2,700,000.00
Monthly Collections for September 1997-2001
laai 1998 1999 2000 2001
TOWN OF AVON
ACCOMMODATIONS TAX BY MONTH
1997 96-97% 1998 97'-98% 1999 98'-99% 2000 99'-00'% 2001 00'-01'% Total5-Yr
-
Change Change Change Change Change % Incre
January 95817
39 5.75% 39,357.21 -1.50% 41,102.99 4.44% 24,753.92 -39.78% 35,913.75 45.08% -10.1ti,
99%
6
February ,
45,305.47 6.89% 42,769.24 -5.60% 36,985.03 -13.52% 32,158.10 -13.05% 42,137.63 31.03% .
-
12
08%
March 054.38
63 12.83% 51,035.34 -19.06% 42,018.24 -17.67% 42,385.82 0.87% 55,435.56 30.79% -
.
April ,
11,850.40 -0.34% 13,556.94 14.40% 11,609.15 -14.37% 10,166.11 -12.43% 12,152.00 19.53% 2.55%
95%
22
May 8,759.53 30.67% 5,762.93 -34.21% 6,117.50 6.15% 5,71227 -6.62% 6,749.18 18.15% .
-
78%
June 982.39
13 10.68% 12,609.03 -9.82% 14,958.28 18.63% 15,610.67 4.36% 15,630.07 0.12% 11.
July ,
21,298.64 6.76% 20,845.64 -2.13% 21,120.57 1.32% 21,769.19 3.07% 22,567.70 3.67%
9 5.96%
14%
August 22,365.12 9.68% 22,875.39 2.28% 16,452.89 -28.08% 17,093.13 3.89% 19,873.96 1627
% -11.
88%
6
September 11,173.41 -14.66% 11,262.18 0.79% 10,300.61 -8.54% 12,810.60 24.37% 13,059.89 1.95% 1
.
00%
October 819.05
8 -18.59% 8,315.76 -5.71% 7,258.18 -12.72% 9,139.51 25.92% -100.00% -100.
November ,
112.05
12 -5.56% 10,813.22 -10.72% 7,889.97 -27.03% 10,233.40 29.70% -100.00% -100.00%
December ,
40,000.05 18.97% 32,602.89 -18.49% 25,60629 -21.46% 32,309.50 26.18% -100.00% -100.00%
419
70
241 18%
-11 142.22
234 -3.01% 223,519.74 31.75% -5.98%
YTD Total 298,678.76 7.44% 271,805.77 -9.00% .
, . ,
IF
• Memo
To: The Honorable Mayor and Town Council
From: Harry N. Taylor, Director of Transportation
Thru: Bill Efting, Town Manager
Date: November 19, 2001
Re: CASTA Agreement for fiscal year 2003 FTA funding request
Summary:
Attached is a copy of the Agreement between the Colorado Association of Transit
Agencies (CASTA) and the Colorado Transit Coalition. The Town of Avon is one of
twenty-three members of the Colorado Transit Coalition banded together for the purpose
of submitting a joint request to the Federal Transit Administration (FTA) seeking FTA
5309 funding for capital equipment. This joint request is for FY 2003 and represents the
fifth request attempted by CASTA to secure earmarked funds for the coalition through
the use of a lobbyist.
Discussion:
CASTA will enter into an agreement with a Washington D.C. based public affairs and
governmental relations consulting firm, to provide transportation funding consulting
services on behalf of the Colorado Transit Coalition for the FY 2003 funding cycle. The
approximate cost to the Colorado Transit Coalition for their representation is $140,000 of
which the Town of Avon's will pay an allocated share once the final cost is determined.
The town's cost is budgeted in the 2002 Transportation Budget.
All section 5309 FTA funds are awarded on an 80/20 basis. Eighty percent funded by
FTA and twenty percent funded locally. The town's total request is for $2,787,500 of
which FTA would fund $2,230,000 and $557,500 funded locally. The total amount
requested by the Colorado Transit Coalition is approximately $37,000,000, which
includes the town's request of $2,230,000. Attached is a copy of the town's submittal to
CASTA listing the equipment requested in the FY 2003 application.
Recommendation:
The recommendation is to approve the request by the Town of Avon, Department of
Transportation for FTA 5309 funding of $2,787,500 in FY 2003.
Town Manager Comments:
AGREEMENT
This agreement is entered into by and between the Colorado Association of
Transit Agencies (CASTA), a Colorado nonprofit corporation and each of the members
the Colorado Transit Coalition, which members are listed on Exhibit A, attached hereto
and incorporated herein by this reference (referred to collectively as the "members").
Whereas, CASTA is a nonprofit trade association located in Denver, Colorado
and represents Colorado transit agencies, and
Whereas, the Federal Transit Administration (FTA) provides capital funding to
transit agencies under the Capital Program (49 U.S.C. Section 5309) Transportation
Equity Act for the 21St Century (TEA-21), and
Whereas, a number of Colorado transit agencies are desirous of obtaining
congressional earmarked funds, in the federal Fiscal Year 2003, under Section 5309 for
capital purchases, and
Whereas, those Colorado transit agencies seeking U.S.C. 49, Section 5309
funding have affiliated as a nonprofit unincorporated association, known as Colorado
Transit Coalition (Coalition), and have agreed that CASTA will act as a coordinator for
the Coalition in seeking U.S.C. 49, Section 5309 funding, and
Whereas, CASTA will be entering into an agreement with a Washington D.C.
based public affairs and governmental relations consulting firm, to provide transportation
funding consulting services on behalf of the Coalition.
Now therefore, CASTA and each of the Coalition members agree as follows:
1. Term of Agreement. The term of this agreement shall be from January 1, 2002
through December 31, 2002.
2. Membership. Membership in the Coalition will be open to any Colorado
transit agency that provides services which qualify for U.S.C. 49, Section 5309 funding.
While a multi-year effort is anticipated, members may participate on an annual basis
dependent on the individual member's capital needs.
3. Members' Capital Requests. The members' capital requests shall be handled as
follows:
E
a. Each member shall submit to CASTA by December 15, 2001 its
capital request, in a form acceptable to CASTA and consistent with the capital request
amount set forth on Exhibit A for that member. The members of the Coalition will decide
by consensus which final requests will be submitted. CASTA shall then compile the
capital requests into a statewide request document to be presented to Congress for
consideration. All capital requests (as listed on Exhibit A) must be supported by accurate,
current planning documents. The member must verify that matching funds are available
to support a grant in the fiscal year it is available. The Colorado Department of
Transportation and/or the Federal Transit Administration, as appropriate, will review the
planning documents for each member to assure that projects are capable of being
completed within Fiscal Year 2003, prior to submittal of the request to Congress in
January of 2002.
b. If a member requests an addition or reduction to a capital request, the impact
on other members will be considered prior to any changes being approved by the
Coalition members. A member will not be required to decrease a request that would place
that member in the position of lacking sufficient funds to obtain usable units of
equipment. For purposes of this agreement a usable unit of equipment will be as defined
in the individual applicant's request (See Exhibit A).
c. If the final U.S.C. 49, Section 5309 bus allocation is less than requested in the
statewide request, twenty percent of the final allocation will be distributed in equal
portions to each agency. The remaining eighty percent will then be distributed based on a
calculated rate proportionate to each member's capital request. No agency shall receive
more than its original federal request. The bus and bus related allocation amounts will
then be adjusted, as appropriate, to assure that each coalition member receives no more
than the agency request, but an amount sufficient to obtain usable units of equipment by
consensus of the Coalition members.
d. Each coalition member agrees to pay to CASTA, an equal amount of twenty
percent of the $140,000 administrative and consultant fees (that is 1/24 of $28,000) plus a
calculated rate on the remaining eighty percent of fees ($112,000) based on the
percentage of the total Statewide Request attributable to that member's capital request as
set forth in Exhibit A. The payments shall be made to CASTA in no more than four equal
installments, upon execution of this Agreement and on or before February 1St, April 1 St,
July 1St and October 1st.
4. Services of CASTA. During the term of this agreement, CASTA will provide
the following services:
a. Act as the representative of the Coalition as it seeks U.S.C. 49, Section
5309 funding. The Executive Director of CASTA will serve as coordinator of the project
for the Statewide Request.
E
2
b. Retain a Washington D.C. based consultant familiar with the congressional
process of determining Federal Transit Administration allocations for the total cost not to
exceed $104,000, including expenses. 0
c. Provide monthly written reports to each Coalition member.
5 Payment to CASTA for Services. For its services during the term of this
agreement, CASTA will retain from the payments received from the members a total of
$36,000 which amount includes all expenses to be incurred by CASTA.
6. Termination. Any party may withdraw from this agreement upon the giving
of at least 30 days advance written notice to the other.
7 Appropriation of funds. The financial obligations of any participant in this
Agreement which is a governmental entity subject to the direct or indirect financial
obligation restrictions of the Colorado Constitution, Article X, Section 20(4)(b), or that
government's local restrictions on contract appropriations, shall be subject to the
appropriation and availability of funds in accord with Colorado and local law.
8 Addresses and Telephone Numbers. The name, address, telephone and
FAX number of each member is listed on Exhibit A. The name, address, telephone and
FAX number of CASTA is:
Colorado Association of Transit Agencies (CASTA)
Attn: Jeanne J. Erickson, Executive Director
225 East 16`h Avenue, Suite 1070
Denver, CO 80203
Tel: (303) 839-5197
Fax: (303) 832-3053
9. Signatures. The parties agree that this Agreement may be signed in
counterparts with CASTA to retain the original signatures of all parties.
Dated: January _, 2002.
Colorado Association of Transit Agencies,
a Colorado nonprofit corporation
By:
President
v
3
C:
Organization:
Town of Avon
Name: Judy Yoder
Title: Ma
Date: November 19, 2001
0 Signature:
11
COLORADO ASSOCIATION OF TRANSIT AGENCIES
COLORADO TRANSIT COALITION
For Federal Transit Administration (FTA) Capital Program for Bus
(U.S.C. 49, Section 5309) FY 2003 Request for Authorization
Agency: Town of Avon
Contact: Name: Harry N. Taylor
Tel: 970-748-4120 Fax: 970-845-8589
Mailing Address: P.O. Box 1726
Avon, CO 81620
Responsible Government Entity: Funds must be received by a government entity. If your
transit agency is a private non-profit, a city or county must receive and disburse funds.
Therefore, they must agree to this request. Name of responsible official(s).
Town of Avon, Mayor
Project Description: Must be "ready to go" - Obligated Under Signed Contract Fiscal
Year 2003 (Between October 1, 2002 and September 30, 2003)
Project Supported by. Current Transportation Development Plan (TDP)? YES
State Transportation Improvement Plan (STIP)? YES
FY 2003 Transit Capital Request: (Federal and Local Dollars) $2,787,500
Vehicles: (Attach a sheet listing description, age and mileage of vehicles to be replaced.)
Description: 35 ft. Transit Coach, 24 ft. People Mover
Number: Two (2) Coaches, Two (2) People Movers
Unit Cost: 285,000 each per Coach, $90,000 each per People Mover
Replacement: (2) Coaches Expansion: None.
& (2 People Mover
Equipment:
Description: On-board Security Video System
Number: Five Transit Vehicles
Unit Cost: $3,500 each
Replacement: Expansion: X
Facility:
Description: Transit Center, and Bus Shelters
Number: One (1) Transit Center, Two (2) Bus Shelters
Unit Cost: $2,000,000 and 2 @ $10,000.00 each
Replacement: Expansion: X
:7
E
Continued FY2003
Estimated Cost by Funding Source:
Federal: 80% $2,230,000 Local: 20% $557,500
Source of Local Funds: Town of Avon General Fund
FY 2004 Transit Capital Request: (Federal and Local Dollars) $200,000
Vehicles: (Attach a sheet listing description, age and mileage of vehicles to be replaced.)
Description: 24 ft. People Mover
Number: Two (2) People Movers
Unit Cost: 2 @ $90,000.00 each
Replacement: X Expansion: X
Equipment:
Description:
Number:
Unit Cost:
Replacement:
Expansion:
Facility:
Description: Bus Shelters
Number: Two (2) Bus Shelters
Unit Cost: 2 @ $10,000.00 each
Replacement: Expansion: X
Estimated Cost by Funding Source:
Federal: 80% $160,000.00 Local: 20% $40,000.00
Source of Local Funds: Town of Avon General Fund
FY 2005 Transit Capital Request: (Federal and Local Dollars) $200,000
Vehicles: (Attach a sheet listing description, age and mileage of vehicles to be replaced.)
Description: 24 ft. People Mover
Number: Two (2) People Mover
Unit Cost: 2 @ $90,000.00
Replacement: 2 Expansion:
Equipment:
Description:
Number:
Unit Cost:
Replacement: Expansion:
Continued FY2005
Facility:
Description: Bus Shelters
Number: Two (2)
Unit Cost: 2 @ $10,000.00 each
Replacement: Expansion: X
Estimated Cost by Funding Source:
Federal: 80% $160,000.00 Local: 20% $40.000.00
Source of Local Funds: Town of Avon General Fund
FY 2006 Transit Capital Request: (Federal and Local Dollars) $320,000
Vehicles: (Attach a sheet listing description, age and mileage of vehicles to be replaced.)
Description: 30 ft. Transit Coach
Number: One (1) Transit Coach
Unit Cost: $300,000.00
Replacement: X Expansion:
11
Equipment:
Facility:
Description:
Number:
Unit Cost:
Replacement: Expansion:
Description: Bus Shelters
Number: Two (2) Bus Shelters
Unit Cost: 2 @ $10,000.00 each
Replacement: Expansion: X
Estimated Cost by Funding Source:
Federal: 80% $256,000.00 Local: 20% $64,000.00
Source of Local Funds: Town of Avon General Fund
E
FY 2007 Transit Capital Request: (Federal and Local Dollars) $309,000
Vehicles: (Attach a sheet listing description, age and mileage of vehicles to be replaced.)
Description: 24 ft. People Mover
Number: Three (3) People Movers
Unit Cost: 3 @ $95,000.00 each
Replacement: X Expansion:
Equipment:
Facility:
Description:
Number:
Unit Cost:
Replacement: Expansion:
Description: Bus Shelters
Number: Two (2) Bus Shelters
Unit Cost: 2 @ $12,000.00 each
Replacement: Expansion: X
Estimated Cost by Funding Source:
Federal: 80% $247,200.00 Local: 20% $61,800.00
Source of Local Funds: Town of Avon General Fund
11
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Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Norman Wood, Town Engineer
Anne Martens, Assistant Town Engineer 9tk
Date: November 20, 2001
Re: Resolution No. 01 - 38, Approving the Condominium Map for Mountain Vista
Employee Housing, A Resubdivision of Lot 1, Mountain Vista Resort Subdivison,
Town of Avon, Eagle County, Colorado (180 West Beaver Creek Boulevard)
Summary: Points of Colorado, Inc., owner's of Lot 1, Mountain Vista Resort Subdivision,
have submitted a Condominium Map to Resubdivide Mountain Vista Employee Housing,
Town of Avon, Eagle County, Colorado. This is a Condominium Subdivision of a developed
lot, creating 22 units. The Subdivision is in conformance with the Title 16 of the Avon
Municipal Code, Subdivisions.
Recommendations: Staff recommends approval of Resolution No. 01 - 38, Series
of 2001, A Resolution Approving the Condominium Map, Mountain Vista Employee Housing,
a Resubdivision of Lot 1, Town of Avon, Eagle County, Colorado, subject to:
Prior approval of Resolution 01-37, A Resolution Approving the Preliminary Plan
for Mountain Vista Employee Housing, A Resubdivison of Lot 1, Mountain Vista
Resort Subdivision, Town of Avon, Eagle County, Colorado.
2. Completion of technical corrections to be approved by staff.
Town Manager Comments:
I]
I:\Engineering\Subdivision\Benchmark at BC\L1 MtnVistaFP.doc
TOWN OF AVON
RESOLUTION NO. 01- 38 19
Series of 2001
A RESOLUTION APPROVING THE CONDOMINIUM MAP, MOUNTAIN VISTA
EMPLOYEE HOUSING, A RESUBDIVISION OF LOT 1, MOUNTAIN VISTA RESORT
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Points of Colorado, Inc. have submitted a Condominium Map for the
Resubdivision of Lot 1, Mountain Vista Resort Subdivision, Town of Avon, Eagle County,
Colorado; and
WHEREAS, the Condominium Map has been reviewed by the Town Staff; and
WHEREAS, the Condominium Map was found to be substantially in conformance with Title 16
of the Avon Municipal Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration as a
Condominium Map.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Condominium Map, Mountain Vista Employee Housing, A Resubdivision
of Lot 1, Mountain Vista Resort Subdivision, Town of Avon, Eagle County, Colorado, is hereby
approved by the Town of Avon subject to:
1. Prior approval of Resolution 01-37, a Resolution approving the Preliminary Plan
for Mountain Vista Employee Housing, A Resubdivision of Lot 1, Mountain
Vista Resort Subdivision, Town of Avon, Eagle County, Colorado.
2. The completion of technical corrections as identified by Town Staff.
ADOPTED THIS DAY OF , 2001.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Kris Nash
Town Clerk
1: Engineering\Subdivision\Benchmark at BC\LI MmVistaRes0138.doc