TC Council Packet 05-28-2002Town Council Meetings
Roll Call Check Sheet
Dato-
Mi
h
c
ael Brown
D
bbi
e
e Buckley
P
eter Buckley
Ri P
ck Cuny
Mac McDevitt
B
uz Reynolds
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
Malt Present:
Bill Efting Jeff Layman
Larry Brooks ? Norm Wood
John Dunn Meryl Jacobs
" Patty McKenny
-_`?_Jacquie Halburnt Bob Reed
? Harry Taylor
Scott Wright
? Ruth Borne
Other Staff
1ATown Clerk\Council\Packets\Council Meeting Check List.doc
Town Council Meetings
Roll Call Check Sheet
Date:
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
Staff Present:
Bill Efting Jeff Layman Ruth Borne
Larry Brooks Norm Wood Other Staff
John Dunn Meryl Jacobs
Patty McKenny Bob Reed
Jacquie Halburnt Harry Taylor
Scott Wright
IATown Clerk\Council\Packets\Council Meeting Check List.doc
"THE FIRST 100 DA YS"
PURPOSE:
• TO COM R:BI :'E TO ECONOMIC
BALANCE
• TO AUGMENT EXISTING BUSINESS
SERVICE
• TO BE A TOURISNUBUSINESS
ADVOCATE
¦ TO FOCUS COORDINATED ACTION
EXPECTED BENEFITS:
• SIMPLIFICATION & COORDINATION
• IMPROVED BUSINESS SERVICES
• ECONOMIC ENHANCEMENT
• EXPANDED SERVICE QUALITY
ASSURANCE
• ENHANCED PUBLIC AFFAIRS
CAPABILITY
I
SIMPLIFICATION W
COORDINATION
? MERGED NIEMBERSHIPS/BENEFITS
? FINALIZED
VISION/MISSION/PRIORITIES
? MERGED WEBSITE
? FILLED TWO KEY DEPT. HEAD
POSITIONS
? DEVELOPED LODGING ADVISORY
COUNCIL
? DEVELOPED "ONE VALLEY
LEADERSHIP COALITION"
BUSINESS SERVICE
? ,PRINT QUAR-fERLY NEWSLETTER. .
1000 STAKEHOLDERS
? MONTHLY ONLINE NEWSLETTER ...1200
"VISITS" 1sT TWO WEEKS
? CONCIERGE WEBSITE
?$80,000 DIVIDENDS...WORKER'S COMP
? COMMUNITY EMPLOYMENT
RESOURCES FORUNI...MAY 31
? FINALIZING RATES/COVERAGE..
CHAMBER HEALTFICARE PROGRAM
ECONOMIC
ENHANCEMENT
? 125 LEADS THROUGH Nlay...+5%
? S43 MILLION GROUP BOOKINGS
? COORDINATING LOGISTICS...ADP
? LDG. COUNCIL...LEADERSHIP ON
CONIF11,111[:NCi-7 1l.,,C11-1"I":
2
EXPANDED SERVICE
QUALITYASSURANCE _
? FINALIZED SUPPORT FOR FALL
CUSTOMER SERVICE TRAINING
?FINALIZED LEADERSHIP
PROGRAM FOR MIDDLE
MANAGERS
FOCUS FOR THE REST OF
2002
• EFFECTIVE VISITOR MARKETING
• DEVELOP ADVOCACY AGENDA
¦ GROW MEMBERSHIP/STABLE
FUNDING BASE
¦ REDUCE COST OF DOING
BUSINESS
¦ IMPLEMENT ENHANCED BENEFIT
STRUCTURE
THANK YOU FOR YOUR
SUPPORT.!
3
Gerry Sandberg
Box 398
Eagle, Colorado 81631
Home: 970-524-7647
Cell: 970-471-6222
sand berg(W-centurytel.net
As many of you already know, I am a Democratic candidate for Eagle County
Commissioner and I will be opposing the Republican incumbent for that office. I would like
to give you a very brief synopsis of who I am, but first let me thank those of you who have
given your time and energy to make local government work for the benefit of all.
My overriding belief is that the office of county commissioner should not be a political
office, but a public service office driven by community service and consensus building.
am instilled with a sense of obligation to help preserve Eagle County's past, while at the
same time ensuring that we work for a better future keeping in mind why we choose to live
here.
Briefly, my public service background in Eagle County includes seven years of
service on the Eagle County Board of Education, the Gypsum Town Council and the
Colorado State Wildlife Management Public Education and Advisory Board, representing
Western Slope Municipalities. Additionally, I have had the privilege to serve on numerous
other committees and boards throughout Eagle County.
My family has deep roots here, dating back over a century. Judge Andy Gerard, my
father-in-law, who served as the Eagle County Judge for over twenty years, still lives in the
house he was born in on Gypsum Creek. My wife, Arleen, Administrator for the 5th J.D.
District Attorney's Office, serves on the Western Eagle County Ambulance District Board,
as well as other numerous community committees and volunteer activities. The rhythm of
my heart, my daughter Annika, is 10 years old, in 4th grade at Gypsum Elementary School.
Professionally, I have served the citizens of Eagle, Lake, Summit and Clear Creek
Counties for the last 17 years as Chief Investigator for the 5th J. D. District Attorney's Office.
Before coming to Eagle County in 1980, 1 was a teacher in Illinois for 10 years. My
Master's Degree in Education came after serving for four years active duty with the United
States Marine Corps.
Again, this is a brief synopsis of who I am and I stand ready to serve you. At this
time I am asking for your endorsement and support so I may do so.
FINANCIAL MATTERS
May 28, 2002
1. Detail - Building Activity Report
2. Detail-Real Estate Transfer Taxes
3. Detail-Sales Tax Update
4. Detail-Accomodations Tax Update
Town of Avon 970-748-4030
P.O. Box 975
Avon, Co. 81620
748-4094 For Inspection Request
Permit Tally
For: April, 2002
Printed:5/22/02
Page1 of2
Permit Purpose: Expand SF Residential
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 2 Construction Value: $4,500.00
# of Bldgs: 1 # of Units: 1 Permit Charges: $226.46
Permit Purpose: New SF Residential
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 1 Construction Value: $1,750,000.00
# of Bidgs: 1 # of Units: 1 Permit Charges: $15,543.94
Permit Purpose: Repair/Remodel CommlIndust
Public: Bldg. Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 3 Construction Value: $16,500.00
# of Bldgs: # of Units: Permit Charges: $987.62
Permit Purpose: Repair/Remodel MF Residential
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 1 Construction Value: $15,000.00
# of Bldgs: # of Units: Permit Charges: $414.56
Construction Value $1,786,000.00
Permit Charges: $ 17,172.58
Town of Avon
Real Estate Transfer Tax Transactions
Calendar Year 2002
Purchaser Amount of RETT
Name Property Received
March Balance Forward $429,227.96
Title Co of Rockies Mtn Vista #54 $44,789.40
Title Co of Rockies Christie Lodge Timeshares 976.00
Title Co of Rockies Lakeside Terrace Timeshares 824.90
Stewart Tiltle Edwards Avon Plaza #A202 2,000.00
Stewart Tiltle Edwards Stone Creek Condos #106 3,920.00
Land Title Guarante Lot 3, Mtn Star 64,500.00
Title Cc of Rockies Christie Lodge Timeshares 229.91
Stewart Tiltle Edwards Sundridge Condos #C101 2,598.00
Title Cc of Rockies Christie Lodge Timeshares 403.20
Title Co of Rockies Mtn Vista #53 13,476.70
Title Cc of Rockies Christie Lodge Timeshares 371.60
Title Co of Rockies Lakeside Terrace Timeshares 170.00
Title Co of Rockies Christie Lodge Timeshares 371.20
Title Co of Rockies Christie Lodge Timeshares 107.00
Stewart Tiltle Edwards Lot 45, Block 1, Benchmark at BC 20,000.00
Stewart Tiltle Edwards La Vie Bonne Townhomes #G 2,016.00
First American Heritage Metcalf Commercial Park #101 3,944.14
Title Co of Rockies Mtn Vista #52 11,686.70
Title Co of Rockies Mtn Vista #51 10,756.70
1 st Bank of Avon Avon Crossing #4312 2,280.00
First American Heritage Lot 51 A, Block 1, Wildridge 6,460.00
Land Tlitle Guarante Lot 51, Mtn Star 25,000.00
$646,109.41
Total through April $646,109.41
Total through March ($429,227.96)
Total April Receipts 216,881.45
TOWN OF AVON
SALES TAX BY MONTH
1998 97'-98'% 1999 98'-99'% 2000 99'-00'% 2001 00'-01% 2002 01'-02% Total5-Yr
Change Change Change Change Change % Increase
January 379,424.41 0.48% 384,939.69 1.45% 359,721.88 -6.55% 408,217.16 13.48% 411,790.30 0.88% 8.53%
February 378,112.00 4.30% 397,323.16 5.08% 397,291.59 -0.01% 401,384.50 1.03% 400,493.88 -0.22% 5.92%
March 460,191.56 -1.81% 474,933.06 3.20% 457,053.94 -3.76% 503,411.30 10.14% 483,385.43 -3.98% 5.04%
April 310,197.72 16.90% 302,864.19 -2.36% 337,087.43 11.30% 344,079.71 2.07% - -100.00% -100.00%
May 249,079.90 3.35% 265,405.35 6.55% 286,191.36 7.83% 317,331.11 10.88% -100.00% -100.00%
June 337,562.03 7.81% 395,755.68 17.24% 398,869.89 0.79% 393,695.61 -1.30% -100.00% -100.00%
July 370,086.73 4.81% 395,954.38 6.99% 415,978.51 5.06% 434,867.02 4.54% -100.00% -100.00%
August 363,110.96 7.39% 366,648.94 0.97% 400,447.52 9.22% 421,012.61 5.14% -100.00% -100.00%
September 333,508.38 4.41% 364,432.54 9.27% 375,400.90 3.01% 356,264.03 -5.10% -100.00% -100.00%
October 305,035.11 15.68% 295,541.62 -3.11% 320,796.00 8.55% 361,688.95 12.75% -100.00% -100.00%
November 335,073.59 -1.22% 320,335.28 -4.40% 329,170.99 2.76% 333,024.51 1.17% -100.00% -100.00%
December 550,077.22 3.03% 564,813.35 2.68% 607,777.58 7.61% 615,165.05 1.22% -100.00% -100.00%
YTD Total 4,371;459.6 4.69% 4,528,947.24 3.60% 4,685,787.59 3.46% 4,890,141.56 '..360,1o 1,295,669.01 -1.32% 6.40%
YTD Through March Collections 1998-2002
1,320,000.00
1,300,000.00
1,280,000.00
1,260,000.00
1,240,000.00
1,220,000.00
1,200,000.00
1,180,000.00
1,160,000.00
Year
Monthly Collections for March 1998-2002
510,000.00
500,000.00
490,000.00
480,000.00
470,000.00
460,000.00
450,000.00
440,000.00
430,000.00
`t =
1998 1999 2000 2001 2002
1998 1999 2000 2001 2002
TOWN OF AVON
ACCOMMODATIONS TAX BY MONTH
1998 97'-98% 1999 98-99% 2000 99'-00'% 2001 00'-01'% 2002 OV-02'% Total5-Yr
Change Change Change Change Change % Increase
January 39,357.21 -1.50% 41,102.99 4.44% 24,753.92 -39.78% 35,913.75 45.08% 33,569.05 -6.53% -14.71%
February 42,769.24 -5.60% 36,985.03 -13.52% 32,158.10 -13.05% 42,137.63 31.03% 40,888.10 -2.97% -4.40%
March 51,035.34 -19.06% 42,018.24 -17.67% 42,385.82 0.87% 55,435.56 30.79% 56,372.30 1.69% 10.46%
April 13,556.94 14.40% 11,609.15 -14.37% 10,166.11 -12.43% 12,152.00 19.53% - -100.00% -100.00%
May 5,762.93 -34.21% 6,117.50 6.15% 5,712.27 -6.62% 6,749.18 18.15% -100.00% -100.00%
June 12,609.03 -9.82% 14,958.28 18.63% 15,610.67 4.36% 15,630.07 0.12% -100.00% -100.00%
July 20,845.64 -2.13% 21,120.57 1.32% 21,769.19 3.07% 22,567.70 3.67% -100.00% -100.00%
August 22,875.39 2.28% 16,452.89 -28.08% 17,093.13 3.89% 19,873.96 16.27% -100.00% -100.00%
September 11,262.18 0.79% 10,300.61 -8.54% 12,810.60 24.37% 13,059.89 1.95% -100.00% -100.00%
October 8,315.76 -5.71% 7,258.18 -12.72% 9,139.51 25.92% 7,065.21 -22.70% -100.00% -100.00%
November 10,813.22 -10.72% 7,889.97 -27.03% 10,233.40 29.70% 7,592.38 -25.81% -100.00% -100.00%
December 32,602.89 -18.49% 25,606.29 -21.46% 32,309.50 26.18% 29,964.55 -7.26% -100.00% -100.00%
YTD Total 271,805.77 -9.00% 241,419.70 -11.18% 234,142.22 -3.01% 268,141.88 14.52% 130,829.45 -1.99% -1.75%
YTD Through March Collections 1998-2002
l:
140,000.00
r r 9 ??? e
120,000.00 ` Y s s ,, fE
100,000.00 A Tr f'
80,000.00
60,000.00 fi a u ? '
r i
40,000.00 1 ` rs j
20,000.00 5
s
1998 1999 2000 2001 2002
Year
Monthly Collections for March 1998-2002
60,000.00
50,000.00
40,000.00
30,000.00
20,000.00
10,000.00
1998 1999 2000 2001 2002
TOWN COUNCIL VACANCY
LETTERS OF INTEREST/RESUMES
Interview Time Name
3:00 PM Tim Savage
3:10 PM Rene Martinez
3:20 PM Steve Michonski
3:30 PM Bob Angel
3:40 PM Brian Sipes
3:50 PM Tab Bonidy
Council Vacancy.xls 05/23/2002
Rene Martinez
P.O. Box 6372
Avon, CO 81620
Monday, May 13, 2002
Avon Town Council Members
P.O. Box 975
Avon, CO 81620
Dear Avon Town Council Members,
I am writing to express an interest in the Avon Town Council position for which you are
currently recruiting.
As a town member; I am very concerned of the development and well being of my
community. Now that I see an opportunity to join the Avon Town Council I would like to
participate in building a healthy community for everybody.
As I have expressed before community issues are important to me. At the present time I am
a current member of La Mesa, a Hispanic Community Organizing Group dealing with
community issues.
WORK HISTORY
2000-Present Town of Vail Vail, CO
Sweeper Operator and Building Maintenance Technician
¦ Improved working techniques.
¦ Form an excellent working team.
¦ Trained personnel for the department.
2000 City Market Avon, CO
Meat Cutter
¦ Good customer service.
¦ Formed an excellent working team.
¦ Trained personnel for the department.
¦ Increased volume production.
1998-1999 JIAPAS Zacatecas, Mx.
Assistant Supervisor for the Department of WaterQuality
Sampler and analyzer of anomalies in domestic water and wastewater for
the city.
¦ Formed an excellent working team
¦ Trained personnel for the department.
¦ Maintenance engineer for the wastewater treatment plant "El Orito".
¦ Advisor for the wastewater treatment plants in the city.
¦ Advisor for a mine company in the use of their waste products.
¦ Executor of a domestic wastewater project for the city.
Collaborator in the design and efficiency of tools and wastewater
treatment plants.
¦ Decreased in half costs in projects and tools.
¦ Assisted in conferences related to water quality, first aide, ecology and
human resource.
¦ Technician in the use of chlorine.
1997 Cantera y Plata Zacatecas, Mx.
Dine Elaborator
¦ Increased volume production.
¦ Formed an excellent working team.
¦ Trained personnel for the department.
¦ Maintenance engineer for the company.
¦ In charge of the well functioning of the process as well as waste
products.
To: Town of Avon Town Council
Re: Application for available Town Council Position replacing Rick Cuny
Town Council Members:
I am writing to apply for the available position on the Town of Avon, CO Town Council.
As a resident of the Town of Avon for the last three years, and neighboring Eagle-Vail
prior to that, I have developed a strong interest in the decisions made by the Town. I feel
that I have some good insights and ideas that will benefit the Town and the Council.
Over recent years, I have been self-employed in the real estate profession, both in sales
and development. My experiences have offered me the opportunity to work with many
residents of the valley, town officials, county officials, and local business owners. I feel
that I have a first-hand knowledge of what many people expect from their local
government, and what they want to see develop in the Valley.
Avon is the hub of the Vail area. It has become the "real world" for many of us living in
a resort community. I think that this is an important element to the town. However, I
think it is imperative that Avon remains part of the ski business. The west part of town,
with all of the hotel rooms coming, must avoid the strip-mall feel and develop a resort
experience. The pedestrian mall and gondola are very attractive to me as a local, a skier,
and a businessperson. Obviously, they must make financial sense, but I would like to
work on a satisfactory situation that brings in these elements (or parts of them).
Some other ideas that I have involve the future of our town and the Valley. As a growing
resort area, certain items have been neglected that I would like to draw attention to. We
are truly a year-round community with residents of all ages. I would like to see certain
properties set aside for the needs of such a community. With real estate values where
they are, it is difficult for churches, community centers, and other vital entities to find
places to operate. Perhaps land should be zoned or annexed and sold specifically for
these types of properties. Also, it may be time to consider a cemetery. As a councilman,
I would focus on developing a town that fulfills its residents everyday needs while
offering a Rocky Mountain experience to its visitors.
Thank you for considering me for this position. I look forward to the possible
opportunity of working with you in the near future!
Sincere,
live Michonski
MAY-13-02 14:43 From:VAIL DAILY ADVERTISING DEPT
Bob Angel
5761 Wildridge Road,
Avon, CO 81820
Avon Town Council
400 Benchmark Road
Avon, CO 81620
Ladies and Gentlemen,
9709497094 1-M r.uiiuc JUG-q-
I'm convinced my skills and experience will be a valuable asset to help guide
Avon toward its bright future. I'd like to put those skills and experience to
work for my community as a member of the Avon Town Council.
With 25 years of experience in bringing Big Box retailers to new communities,
and making them an integral part of those communities, I bring a unique
perspective to the issues Avon must contend with in the immediate future.
I've also experlenced the plight of the small business owner struggling to
make a weekly payroll and retain a staff.
While running PetSmart and Service Merchandise, I had to work cooperatively
with many towns and cities all over the country as we sought approval to
launch our businesses. We carefully adhered to all rules and regulations, and
worked tirelessly with both the town officials, as well as business and
community leaders to help build consensus. At the same time, I supervised
more than 4,000 employees, and gained extensive expertise in operations
policies and procedures. I co-authored operations, policies and procedures
manual for W.R. Blair Corporation, an international catalog showroom
business.
Because I've been on both sldes of the table, I understand the
businessperson's plight, and what they need from their town to help make
them successful. I also understand the town's perspectives, and what they
need from their business community.
My community service includes serving on the board of directors for the
Humane Society organization, and as an advisor to another Humane Society
organization. I was named Humanitarian of the Year for PetSmart in 1996.
Robert G. Angel
5761 Wildridge Rd.
Avon, Co. 81620
Work History:
Jan/2001/ Present
Eagle Valley Temp
Avon, Co.
Dec./1993-Nov./2000
H I I - LIH I I N)
Petsmart Corp.
Operation Executive, United Kingdom / Market Manager Mid.- Atlantic Region
Petsmart Inc. Phoenix, Arizona
Responsible for the complete store operation of ninety-nine stores generating $594
million of revenue per year. Implemented operating policies and procedures for the transition of
two major corporations. Process included converting United Kingdom operations internal
controls. Merchandising transition, store layouts, customer service, budget process and payroll,
marketing and public relations and working with H.R. dept. in the re-training of all associates to
the United States standards and the revisions of all training manuals. Provided analysis strength
and weaknesses of the UK Division and key recommendations to the CEO of US division and
CEO of the UK division. Participated in the site selection for new stores. Interviewing and hiring
of all senior management in my division.
May/1988-Dec./1993
VP/ Director of Operations
W.R. Blair Inc. Waldorf, MD.
Handled complete store operations for thirty-seven store retail conglomerate that
generated $207 million of revenue per year. Responsible for the budgeting activities as well at
analysis of the variances in the profit and loss statements. Participated in the selection of sites
for new stores, hired all senior management, and designed stores layouts. Provided the budgeting
of the company and training of senior management in all aspect of store operation including
payroll control, merchandising, human resources, distribution. Overseer of two distribution
centers, public relation, customer service and complete marketing plan for the company. I co-
author the Standards and Procedures manual for the company.
May 9, 2002
Town Council and Mayor
Town of Avon
PO Box 975
Avon, CO 81620
REF: Interest in the Vacant Town Council Seat
Mrs. Mayor and Council:
I am writing to express my interest in the Town Council seat recently vacated by Councilman
Cuny. I know all of you from my 3 years on the Avon Planning and Zoning Commission, a post
to which you recently reappointed me. I would like to make a greater contribution to the town of
Avon in a leadership rather than reactionary roll.
I would approach the council position much the same way that I have approached my position on
P&Z. My focus, at least initially, would be on development issues. I am the first to admit that
there is much that you do that I would have to learn. Most of the fiduciary, political and
legislative work that the council performs is outside my experience on the P&Z. Because of that
I would be looking to you as colleges for guidance. I think I have shown, however, that I am a
quick study and I would expect to be a contributing member in a short time.
Most of you that know me understand that I value vision, personal integrity and fairness. As a
Council member I would always voice my opinion on what I believe is right for the town. We
will not always agree on issues but I always fully respect any and all other opinions. I believe in
diversity and consensus and believe that reasoned debate is healthy for finding the answer. One
of the codes I try to live by in my professional career and on P&Z is "try to solve problems not
win arguments".
As a resident of the valley floor (Nottingham Road) I would add more diversity to the voice of
the council. Because Mike Brown and I live in different neighborhoods in the valley we have
diverse experiences and views on life down here. We have worked very hard to achieve
geographically diverse representation on the P&Z. This has helped us in our, discussions and
debates. I believe council would benefit in the same way. I hope that you will consider me for
this position.
180 Nottingham Road; Unit B
PO Box 146
Avon, Colorado 81620
TAB Associates, Inc.
The Architectural Balance
P.O. Box 7431 Avon, CO 81620-7431
(970) 748-1470 (970) 748-1471 fax
www.tabassociates.com tab@vail.net
May 14, 2002
Mr. Bill Efting
Town Manager
Town of Avon
P.O. Box 975
Avon, CO 81620
RE: Town Council Interim Position
Bill:
It is my understanding Councilman Rick Cuny has moved and therefore resigned leaving
an interim position available. I am very interested in filling this position. I have worked in
Avon since August of 1993 and have lived in Avon since November of 1995. 1 have
owned a business in Avon since 1996. 1 have a sincere desire to be a part of the future
direction of our town. I believe I have an acute understanding of development and can be
of assistance to the rest of the Council. Owning a business and being responsible for the
livelihood of various families also reaffirms my commitment to the success of this
community.
Sincerely,
Tab Bonidy, NCARB
President
TAB Associates, Inc.
Office Address:
37347 Highway 6, Suite 228
Brookside Center
P.O. Box 7431
Avon, CO 81620
Home Address:
331 Nottingham Road, 7B
Sonnen Halde
P.O. Box 3298
Avon, CO 81620-3298
TOWN OF AVON HOUSING AUTHORITY
RESOLUTION NO. 02-02
Series of 2002
RESOLUTIONS OF THE HOUSING AUTHORITY
OF THE TOWN OF AVON, COLORADO
BUFFALO RIDGE APARTMENTS
RECITALS:
WHEREAS, Corum Real Estate Group, Inc., a Colorado corporation ("forum"),
and Wintergreen Homes LLC, a Colorado limited liability company ("Wintergreen"), are
jointly developing an approximately 176 multi-family residential low income housing
project to be known as the Buffalo Ridge II Apartments and to be developed and
constructed on the real property described on Exhibit A attached hereto and incorporated
herein by this reference ("Project");
WHEREAS, the Project will be owned, developed, constructed and operated by
Buffalo Ridge II LLLP, a Colorado limited liability limited partnership ("Buffalo
Ridge");
WHEREAS, development and construction of the Project will provide safe,
decent and affordable housing for persons of low income residing in the Town of Avon,
Colorado, and Eagle County, Colorado, and the Housing Authority of the Town of Avon,
Colorado ("Authority") believes that it is in the best interests of the Authority and the
Town of Avon, Colorado, that the Project be developed and constructed in order to
further such purposes;
WHEREAS, in order to exempt the Project from taxation pursuant to C.R.S.
§§29-4-226 and 29-4-227, the Authority has been admitted to Buffalo Ridge as a special
limited partner pursuant to an Agreement of Limited Partnership of Buffalo Ridge II
LLLP dated March 27, 2002, to be effective as of December 28, 2001; and
WHEREAS, in order to facilitate the Project's exemption from taxation pursuant
to C.R.S. §§29-4-226 and 29-4-227, the Authority desires to make a determination: (i)
that the Project will serve low-income persons; and (ii) of what constitutes a "low income
person", in each case for purposes of satisfying the requirements of §§29-4-226 and 29-4-
227.
NOW, THEREFORE, BE IT RESOLVED, that the Authority hereby finds, determines
and declares that the Project will be affordable to "low-income persons";
BE IT FURTHER RESOLVED, that for purposes of this Resolution and C.R.S. §§29-4-
226 and 29-4-227, the Authority hereby finds, declares and determines that, pursuant to C.R.S.
528249 5/22/2002
§29-4-210, "low income persons" shall be defined to mean those persons whose incomes are at
or below eighty percent (80%) of the area median income, as defined and described from time to
time by applicable regulations of the U.S. Department of Housing and Urban Development;
BE IT FURTHER RESOLVED, that the Chairman or appropriate designee of the
Authority is hereby authorized and empowered to execute and deliver any and all documents and
instruments on behalf of the Authority necessary to implement the foregoing resolutions; and
BE IT FURTHER RESOLVED, that the Authority hereby ratifies, confirms and approves
all actions previously taken by the Authority and/or any of its officers or directors in connection
with the foregoing resolutions.
The foregoing Resolutions were duly adopted at a meeting of the Authority duly called
and legally held on the day of May, 2002, pursuant to applicable law.
HOUSING AUTHORITY OF THE
TOWN OF AVON, COLORADO
By:
Chairman
2
528249 5/22/2002
EXHIBIT A
Legal Description
Lots 1, 3 and 5,
The Village (at Avon) Filing No.2,
Eagle County, Colorado,
according to the Plat thereof recorded May _, 2002 at Reception No.
528249 5/22/2002
MINUTES OF THE LOCAL HOUSING AUTHORITY MEETING
HELD JANUARY 8, 2002
The Avon Town Council acting as the Local Housing Authority for the Town of Avon,
Colorado, convened at 5:27pm in the Municipal Building, 400 Benchmark Road, Avon,
Colorado in the Council Chambers. Boardmembers of the Authority present were Chairwoman
Judy Yoder, Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt and Buz Reynolds.
Boardmember Cuny was absent. Also present were Town Manager Bill Efting, Town Attorney
John Dunn, Assistant Town Manager Larry Brooks, Deputy Town Clerk Miranda Steber, Human
Resources Director Jacquie Halburnt, Police Chief Jeff Layman, Transportation Director Harry
Taylor, Director of Comm. Dev. Ruth Borne, Police Detective Mike Leake, Town Engineer
Norm Wood, Finance Director Scott Wright, Public Works Director Bob Reed, as well as
members of the press and public.
Resolutions
Resolution No. 02-01, Series of 2002, Town of Avon, Resolutions of the Housing Authority of
the Town of Avon, Colorado, Buffalo Ridge Apartments.
Assistant Town Manager Larry Brooks stated this resolution is to enter into a special limited
partnership for one phase of the Buffalo Ridge Apartments. A substantial portion of Buffalo
Ridge Apartments are being funded by private activity bonds. This is required in order for that
part of the project to be tax exempt.
Councilor Debbie Buckley motioned approval of Resolution No. 02-01, Series of 2002.
Councilor Brown seconded the motion. The motion carried unanimously.
There being no further business to come before the Housing Authority, Councilor Debbie
Buckley motioned to adjourn the meeting. Councilor McDevitt seconded the motion. The
motion carried unanimously and the meeting adjourned at 5:30pm.
RESPECTFULLY SUBMITTED:
Miranda Steber, Deputy Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Rick Cuny
Mac McDevitt
Buz Reynolds
Judy Yoder
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
May 28, 2002 - 5:30 PM
1. Call to Order / Roll Call
2. Citizen Input
3. Resolutions
a) Resolution No. 02-21, Series Of 2002 - A Resolution Initiating Annexation
Proceedings For Portions Of The Land Known As Post Boulevard Public Right
Of Way Into The Town Of Avon; Finding Substantial Compliance Of The
Petition For Annexation; And Setting A Hearing Thereon. (Ruth Borne)
b) Resolution No. 02-22, Series of 2002 - A Resolution Initiating Annexation
Proceedings For A Portion Of The Land Known As Lot 6, McGrady Acres Into
The Town Of Avon; Finding Substantial Compliance Of The Petition For
Annexation; And Setting A Hearing Thereon. (Ruth Borne)
4. Ordinances
a) First Reading Of Ordinance No. 02-08, Series 2002 - An Ordinance Amending
The Municipal Code Of The Town Of Avon To Make More Effective The
Enforcement Of The Zoning And Building Regulations Of The Town; Enlarging
The Jurisdiction Of The Municipal Court Of The Town Of Avon; Authorizing A
Schedule Of Fines For Certain Violations; And Providing For The Violation
Hereof. (John Dunn)
b) First Reading Of Ordinance No. 02-09, Series 2002 - An Ordinance Concerning
The Annexation To The Town Of Avon, Colorado, Of Certain Property As
Described In The Post Boulevard Public Right Of Way Petition For Annexation.
(Ruth Borne)
C) First Reading Of Ordinance No. 02-10, Series 2002, An Ordinance Concerning
The Annexation To The Town Of Avon, Colorado, Of Certain Property As
Described In The Post Boulevard Public Right Of Way Petition For Annexation.
d) First Reading Of Ordinance No. 02-11 - An Ordinance Approving An
Amendment Of The Wildridge Planned Unit Development (PUD) For Lots 42
And 43, Block 4, Wildridge Subdivision, Town Of Avon, Eagle County,
Colorado. (Ruth Borne)
I:\Town Clerk\CouncMAgendas & Worksessions\Agenda-Regular Meeting.doc
e) First Reading Of Ordinance No. 02-12 - An Ordinance Approving An
Amendment Of The Wildridge Planned Unit Development (PUD) For Lots 10
And 11, Block 2, Wildridge Subdivision, Town Of Avon, Eagle County,
Colorado. (Ruth Borne)
f) First Reading Of Ordinance No. 02-13 - An Ordinance Approving An
Amendment Of The Wildridge Planned Unit Development (PUD) For Lots 47
And 48, Block 1, Wildridge Subdivision, Town Of Avon, Eagle County,
Colorado. (Ruth Borne)
5. Unfinished Business
6. New Business
a) Selection of Council Member to Fill Vacancy
7. Town Manager Report
8. Town Attorney Report
9. Mayor Report
10. Other Business
11. Consent Agenda
a. Approval of the May 8, 2002 Council Meeting Minutes
b. Metcalf Gulch Lower Drainage Improvements - Change Order #5
C. Eagle River Recreation Path II - Additional Design Services and Contract
Management, Peak Land Consultants
12. Adjournment
I:\Town Clerk\Council\Agendas & Worksessions\Agenda-Regular Meeting.doc
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager*
From: Ruth Borne, Director of Community Development
Date May 22, 2002
Re: Resolution 02-21 - A Resolution Initiating Annexation Proceedings for
Portions of Land Known as Post Boulevard Public Right of Way into the
Town of Avon; Finding Substantial Compliance of the Petition for
Annexation; and setting a hearing thereon.
Summary
Traer Creek Metropolitan District, Edinburgh Corporation, and Margaret Beyer, Personal
Representative for the Estate of Jeanette L. Nottingham a/ka/ Jeanette Nottingham have filed a
Petition for Annexation ("Petition") for portions of land known as the Post Boulevard Public Right
of Way. The property contained in the annexation is intended to incorporate all of the property
into the Town of Avon in order to accommodate the road and infrastructure improvements for
the Village (at Avon).
The purpose of Resolution 02-21 is to determine that the Petition is in substantial
compliance with the requirements of the Colorado statutes and to set a hearing to
determine if the proposed annexation complies with requirements for annexation.
Recommendation
Staff recommends Town Council approve Resolution 02-21 Initiating Annexation
Proceedings for Portions of Land Known as Post Boulevard Public Right of Way into the
Town of Avon; Finding Substantial Compliance of the Petition for Annexation; and setting a
hearing thereon.
Proposed Motion
"I move to approve on Resolution 02-21 Initiating Annexation Proceedings for Portions of
Land Known as Post Boulevard Public Right of Way into the Town of Avon; Finding
Substantial Compliance of the Petition for Annexation; and setting a hearing thereon."
Town Manager Comments
Attachments:
Resolution 02-21
Memo to Town Council, May 28, 2002 Page 1 of 1
Resolution 02-21 Initiating Annexation for Post Boulevard
RESOLUTION NO. 02-21
SERIES OF 2002
A RESOLUTION INITIATING ANNEXATION PROCEEDINGS FOR PORTIONS
OF THE LAND KNOWN AS POST BOULEVARD PUBLIC RIGHT OF WAY INTO
THE TOWN OF AVON; FINDING SUBSTANTIAL COMPLIANCE OF THE
PETITION FOR ANNEXATION; AND SETTING A HEARING THEREON.
WHEREAS, Petitioners TRAER CREEK METROPOLITAN DISTRICT, a special
district formed pursuant to C.R.S. § 32-1-101 et. seq. and a governmental subdivision of the
State of Colorado, EDINBURGH CORPORATION, a Texas corporation, and MARGARET
BEYER, PERSONAL REPRESENTATIVE FOR THE ESTATE OF JEANETTE L.
NOTTTNNGHAM a/k/a JEANETTE NOTTINGHAM, filed with the Town Clerk the Petition
for Annexation attached as Exhibit A hereto (the "Petition") and concerning a portion of the
land known as McGrady Acres and as more particularly described in the Petition, which
Petition has been referred to the Town Council;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. Findings. The Town Clerk has referred to the Town Council the
Petition. The Town Council specifically finds upon review of said petition that it is in
substantial compliance with the requirements of C.R.S. § 31-12-107(l).
Section 2. Hearing. A hearing on the petition shall be held at 5:30 P.M. on July 9,
2002, at the Council Chambers in the Avon Municipal Building, 400 Benchmark Road,
Avon, Colorado, to determine if the proposed annexation complies with §§ 31-12-104 and
31-12-105, C.R.S., and whether the subject property is eligible for annexation.
Section 3. Publication. This Resolution shall be published once a week for four
successive weeks in Eagle Valley Enterprise newspaper, a newspaper of general circulation
in Eagle County, Colorado, commencing no later than June 6, 2002.
Section 3. Effective Date. This Resolution shall be effective immediately upon
approval.
ADOPTED this 28th day of May, 2002.
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John Dunn, Town Attorney
PETITION FOR ANNEXATION
TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
The undersigned (collectively, the "Petitioners"), in accordance with the
Municipal Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes,
as amended and as in effect on the submission date set forth below ("Annexation Act"), hereby
petition ("Petition") the Town Council of the Town of Avon, Colorado ("Council"), to annex to
the Town of Avon ("Town") the unincorporated territory located in the County of Eagle, State of
Colorado, which property is more particularly described in Exhibit A attached hereto and
incorporated herein by reference ("Pro e "). In support of this Petition, Petitioners allege that:
It is desirable and necessary that the Property be annexed to the Town.
2. The requirements of Sections -104 and -105 of the Annexation Act exist or have
been met.
3. Not less than one-sixth (1/6) of the perimeter of the Property is contiguous with
the Town's current municipal boundaries.
4. A community of interest exists between the Property and the Town.
5. The Property is urban or will be urbanized in the near future.
6. The Property is integrated with or is capable of being integrated with the Town.
7. The Petitioners comprise more than fifty percent (50%) of the landowners in the
Property owning more than fifty percent (50%) of the Property, excluding public streets, and
alleys and any land owned by the annexing municipality, and the Petitioners hereby consent to
the establishment of the boundaries of the Property as shown on the annexation plat submitted
herewith.
8. The Property is not presently a part of any incorporated city, city and county, or
town; no proceedings have been commenced for incorporation or annexation of part or all of the
Property to any other municipality; no election for annexation of the Property or substantially the
same territory to the Town has been held within the twelve (12) months immediately preceding
the filing of this Petition.
9. The proposed annexation will not result in detachment of area from any school
district or attachment of same to another school district.
10. Except to the extent necessary to avoid dividing parcels within the Property held
in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit,
the proposed annexation will not extend the municipal boundary of the Town more than three (3)
miles in any direction from any point of the current municipal boundary.
541553.3 CAM.ALC
v?
11. The proposed annexation will not result in the denial of reasonable access to any
landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley
which has been annexed by the Town but is not bounded on both sides by the Town.
12. In establishing the boundaries of the Property, no land which is held in identical
ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous
tracts or parcels of real estate:
(a) is being divided into separate parts or parcels without the written consent
of the landowner or landowners thereof unless such tracts or parcels are separated by a
dedicated street, road, or other public way; or
(b) comprising twenty (20) acres or more and together with buildings and
improvements situate thereon having a valuation for assessment in excess of $200,000.00
for ad valorem tax purposes for the year next preceding the proposed annexation, is
included in the Property without the written consent of the landowner or landowners.
13. If a portion of a platted street or alley is to be annexed, the entire width thereof is
included within the Property.
14. The legal description of the land owned by the Petitioners is set forth underneath
the name of each such Petitioner on Exhibit A, attached hereto and incorporated herein by this
reference.
15. The affidavit of the circulator of this Petition certifying that each signature on this
Petition is the signature of the person whose name it purports to be and certifying the accuracy of
the date of such signature is attached hereto as Exhibit B and is incorporated herein by this
reference.
16. This Petition is accompanied by four prints of an annexation map containing,
among other things, the following information:
(a) A written legal description of the boundaries of the Property;
(b) A map showing the boundary of the Property;
(c) Within the annexation boundary map, a showing of the location of each
ownership tract in unplatted land and, if part or all of the area is platted, the boundaries
and the plat numbers of plots or of lots and blocks; and
(d) Next to the boundary of the Property, a drawing of the contiguous
boundary of the annexing municipality abutting the Property.
17. Petitioners have filed this Petition subject to the following conditions:
(a) Petitioner Traer Creek Metropolitan District ("TCMD") have the right,
with or without the consent or agreement of any other Petitioner or landowner within the
Property, to withdraw this Petition by so notifying the Town Clerk in writing prior to the
541553.3 CAMALC 2
fortieth (40th) day after the effective date of the final ordinance approving annexation of
the Property.
(b) Prior to expiration of the period described in the foregoing
subparagraph (a) without TCMD having withdrawn the Petition, neither Petitioners, any
other landowner within the Property, nor the City shall cause or permit the occurrence of
the conditions to effectiveness of the annexation as set forth in Section -113(2)(b) of the
Annexation Act.
18. Except for the terms and conditions of this Petition, which terms and conditions
Petitioners expressly approve and therefore do not constitute an imposition of additional terms
and conditions within the meaning of Section -107(1)(g) of the Annexation Act, Petitioners
request that no additional terms and conditions be imposed upon annexation of the Property to
the Town.
THEREFORE, Petitioners request that the Town Council of the Town of Avon,
Colorado, complete and approve the annexation of the Property pursuant to the provisions of the
Municipal Annexation Act of 1965, as amended.
Respectfully submitted this /0"day of CCti/ , 2002.
Signatures of Petitioners:
TRAER CREEK METROPOLITAN
DISTRICT, a Colorado Special District formed
pursuant to C.R.S. § 32-1-101 et. seq. and a
governmental subdivision of the State of
Colorado
Y
William J. Post, resident
Date of Signature: 4-ZS•7-o1zZ.
Mailing Address:
P.O. Box 640
Vail, Colorado 81658
Attn: William J. Post, Esq.
Resident of the Property? NO
541553 3 CANIALC
EDINBURGH CORPORATION, a Texas
corporation
By:
C. Michael Owen, President
Date of Signature:
Mailing Address:
Preeo Silverman Green & Egle PC
1401 17th Street, Suite 800
Denver, Colorado 80202
Attn: Robert L. Preeo, Esq.
Resident of the Property? NO
5415)33 CANIALC 4
MARGARET BEYER, personal representative
for the Estate of Jeanette L. Nottingham, a/k/a
JEANETTE NOTTINGHAM, deceased
By: ` i -
Margaret eyer ,
Date of Signature: ?7`= ct 0 y,
Mailing Address:
Meek & Swartz, P.C.
1824 West Street
Redding, California 96001-1793
Attn: William L. Meek, Esq.
Resident of the Property? NO
541553.3 CAN ALC
EXHIBIT A
TO PETITION FOR ANNEXATION
Legal Description of the Property
1. Name of Petitioner: EDINBURGH CORPORATION, a Texas Corporation
PARCEL A
That part of Lot 6, McGrady Acres, according to the final plat thereof recorded in Book
558 at Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder,
described as follows:
Beginning at the most easterly corner of said Lot 6; thence the following three courses
along the southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the
right, having a radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears
S76°52'36"W 19.13 feet; (2) S78°00'01"W 93.40 feet; (3) 31.15 feet along the arc of a
curve to the left, having a radius of 570.00 feet, a central angle of 03°07'51", and a chord
that bears S76°26'06"W 31.14 feet; thence, departing said southeasterly line,
N50°51'55"E 45.70 feet; thence 60.15 feet along the are of a curve to the left, having a
radius of 697.62 feet, a central angle of 04°56'23", and a chord that bears N49°14'01"E
60.13 feet to the northeasterly line of said Lot 6; thence S57°59'05"E 69.88 feet, along
said northeasterly line, to the point of beginning, containing 3425 square feet, more or
less.
2. Name of Petitioner: MARGARET BEYER, as personal representative for the
ESTATE OF JEANETTE L. NOTTINGHAM, a/k/a JEANETTE NOTTINGHAM,
deceased
PARCEL B
That part of Lot 1, Nottingham Cottages P.U.D., according to the final plat thereof
recorded as Document No. 652403 in the office of the Eagle County, Colorado, Clerk and
Recorder, described as follows:
Beginning at the northwesterly corner of said Lot 1: thence, along the northwesterly line
of said Lot 1, N78°00'01"E 19.88 feet; thence, departing said northwesterly line,
S50°51'55"W 28.15 feet to the westerly line of said Lot 1; thence, along said westerly
line, N09°57'00"E 13.84 feet to the point of beginning, containing 127.6 square feet,
more or less.
541553.3 CAMALC A-1
PARCEL C
That part of Lot 2, Nottingham Cottages, P.U.D., according to the final plat thereof
recorded as Document No. 652403 in the office of the Eagle County, Colorado, Clerk and
Recorder, described as follows:
Beginning at the most westerly corner of said Lot 2; thence the following three courses
along the northwesterly line of said Lot 2: (1) N60°52'49"E 101.94 feet; (2) 149.40 feet
along the arc of a curve to the right, having a radius of 500.00 feet, a central angle of
17°07'12", and a chord that bears N69°26'25"E 148.85 feet; (3) N78°00'01"E 37.70 feet
to the most northerly corner of said Lot 2; thence, along the common line of said Lot 2
and Lot l of said Nottingham Cottages P.U.D., S09°57'00"W 13.84 feet; thence,
departing said common line, S50°51'55"W 84.85 feet; thence S34°42'51"E 0.82 feet;
thence 16.25 feet along the arc of a curve to the right, having a radius of 105.25 feet, a
central angle of 08°50'45", and a chord that bears S60°30'44"W 16.23 feet; thence 23.27
feet along the arc of a curve to the left, having a radius of 94.75 feet, a central angle of
14°04'12", and a chord that bears S57°54'01"W 23.21 feet; thence S50°51'55"W 109.16
feet; thence 6.22 feet along the arc of a curve to the left, having a radius of 164.75 feet, a
central angle of 02°09'48", and a chord that bears S49°47'01"W 6.22 feet to the
southwesterly line of said Lot 2; thence the following two courses along said
southwesterly line: (1) N60°25'20"W 53.87 feet; (2) N47°59'03"W 37.01 feet to the
point of beginning, containing 14796 square feet, more or less.
3. Name of Petitioner: TRAER CREEK METROPOLITAN DISTRICT; as the
condemning authority in legal possession pursuant to the Order of Possession entered on
April 24, 2002, in Case No. 01-CV-524.
PARCEL D
That part of (Corrected) Final Plat - Condominium Map SUN RIVER
CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in
the office of the Eagle County, Colorado, Clerk and Recorder, described as follows:
Beginning at the most easterly corner of an existing 60 foot wide Access
Easement as shown on said (Corrected) Final Plat - Condominium Map SUN
RIVER CONDOMINIUMS; thence the following two courses along the
northeasterly line of said (Corrected) Final Plat - Condominium Map SUN
RIVER CONDOMINIUMS: (1) S47°59'03"E 36.78 feet; (2) S60°25'20"E 53.87
feet; thence, departing said northeasterly line, 11.11 feet along the are of a curve
to the left, having a radius of 164.75 feet, a central angle of 03°51'47", and a
chord that bears S46°46' 13"W 11.11 feet; thence 30.80 feet along the arc of a
curve to the left, having a radius of 47.00 feet, a central angle of 37°33' 10", and a
chord that bears S26°03'45"W 30.26 feet, to the southwesterly line of said
(Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS;
thence, along said southwesterly line, 130.71 feet along the arc of a curve to the
right, having a radius of 1830.00 feet, a central angle of 04°05'33", and a chord
that bears N68°38'04"W 130.68 feet to the most southerly corner of said 60 foot
5415573 CAA4ALC A-2
wide Access Easement; thence, departing said southwesterly line, N60°53'00"E
78.88 feet, along the southeasterly line of said 60 foot wide Access Easement, to
the point of beginning, containing 5591 square feet, more or less.
PARCEL E
That part of (Corrected) Final Plat - Condominium Map SUN RIVER
CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in
the office of the Eagle County, Colorado, Clerk and Recorder, described as follows:
Beginning at the most northerly corner of an existing 60 foot wide Access
Easement as shown on said (Corrected) Final Plat - Condominium Map SUN
RIVER CONDOMINIUMS; thence, along the northwesterly line of said 60 foot
wide Access Easement, S60°53'00"W 79.05 feet; thence, departing said
northwesterly line, N25°21'46"E 17.60 feet; thence N60°53'24"E 61.24 feet, to
the northeasterly line of said (Corrected) Final Plat - Condominium Map SUN
RIVER CONDOMINIUMS; thence S47°59'03"E 10.80 feet, along said
northeasterly line, to the point of beginning, containing 717 square feet, more or
less.
541553.3 CAh1ALC A-3
EXHIBIT B
TO PETITION FOR ANNEXATION
Affidavit of Circulators
The undersigned, being of lawful age, who being first duly sworn upon oath deposes and
says:
That he was the circulator of the foregoing Petition for Annexation of lands to the Town
of Avon, consisting of 10 pages including this page, and that the signatures of William J. Post
and C. Michael Bowen thereon were witnessed by the circulator and are true and original
signatures of the person whose name they purport to be, and that the dates of such signatures
are correct.
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE )
it lator
The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me
this 26th day of April, 2002, by Shane Bohart.
Witness my hand and official seal.
My commission expires: 12/8/2004.
B-1
The undersigned, being of lawful age, who being first duly sworn upon oath
deposes and says:
That he was the circulator of the foregoing Petition for Annexation of lands to the
Town of Avon, consisting of 10 pages including this page, and that the signature of
Margaret Beyer thereon was witnessed by the circulator and are the true and original signatures
of the person whose name they purport to be, and that the dates of such signatures are correct.
Circulator
STATE OF a 6 /'7 ' )
) ss.
COUNTY OF S' )
The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me
this a day of , 2002, by Da h 4a D,
Witness my hand and official seal.
My commission expires:
9 WILLIAM 1. MEEK rc?
COMM # 1215930 ,n
NOTARY NBIIC•CAUFORNIA yl Notary Public
shss» Canty
My Comm. Expires Mey U 2003 ,
541553 3 CAMALC B-2
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager I ?,
From: Ruth Borne, Director of Community Development -?
Date May 22, 2002
Re: Resolution 02-22 -A Resolution Initiating Annexation Proceedings for
Portions of Land Known as Lot 6, McGrady Acres into the Town of Avon;
Finding Substantial Compliance of the Petition for Annexation; and setting a
hearing thereon.
Summary
Edinburgh Corporation has filed a Petition for Annexation ("Petition") for portions of land known
as Lot 6, McGrady Acres. Lot 6 of McGrady Acres is the final portion of McGrady to be annexed
into the Town.
The purpose of Resolution 02-22 is to determine that the Petition is in substantial
compliance with the requirements of the Colorado statutes and to set a hearing to
determine if the proposed annexation complies with requirements for annexation. The
hearing is being scheduled for July 9, 2002.
Recommendation
Staff recommends Town Council approve Resolution 02-21 Initiating Annexation
Proceedings for Portions of Land Known as Post Boulevard Public Right of Way into the
Town of Avon; Finding Substantial Compliance of the Petition for Annexation; and setting a
hearing thereon.
Proposed Motion
"I move to approve on Resolution 02-21 Initiating Annexation Proceedings for Portions of
Land Known as Post Boulevard Public Right of Way into the Town of Avon; Finding
Substantial Compliance of the Petition for Annexation; and setting a hearing thereon."
Town Manager Comments
C6rr c ev°
Attachments:
Resolution 02-22
Memo to Town Council, May 28, 2002 Page 1 of 1
Resolution 02-22 Initiating Annexation for Lot 6, McGrady Acres
RESOLUTION NO. 02-22
SERIES OF 2002
A RESOLUTION INITIATING ANNEXATION PROCEEDINGS FOR A PORTION
OF THE LAND KNOWN AS LOT 6, MCGRADY ACRES INTO THE TOWN OF
AVON; FINDING SUBSTANTIAL COMPLIANCE OF THE PETITION FOR
ANNEXATION; AND SETTING A HEARING THEREON.
WHEREAS, Petitioner EDINBURGH CORPORATION, a Texas corporation, filed
with the Town Clerk a Petition for Annexation (Exhibit A hereto) concerning a portion of the
land known as Lot 6, McGrady Acres and as particularly described in such petition, which
petition has been referred to the Town Council;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. Findings. The Town Clerk has referred to the Town Council the Petition
for Annexation attached hereto as Exhibit A. The Town Council specifically finds upon
review of said petition that it is in substantial compliance with the requirements of C.R.S. §
31-12-107(1).
Section 2. Hearing. A hearing on the petition shall be held at 5:30 P.M. on July 9,
2002, at the Council Chambers in the Avon Municipal Building, 400 Benchmark Road,
Avon, Colorado, to determine if the proposed annexation complies with §§ 31-12-104 and
31-12-105, C.R.S., and whether the subject property is eligible for annexation.
Section 3. Publication. This Resolution shall be published once a week for four
successive weeks in Eagle Valley Enterprise newspaper, a newspaper of general circulation
in Eagle County, Colorado, commencing no later than June 6, 2002.
Section 3. Effective Date. This Resolution shall be effective immediately upon
approval.
ADOPTED this 28th day of May, 2002.
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John Dunn, Town Attorney
PETITION FOR ANNEXATION
TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
EDINBURGH CORPORATION ("Petitioner"), in accordance with the Municipal
Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as
amended and as in effect on the submission date set forth below ("Annexation Act"), hereby
petitions ("Petition") the Town Council of the Town of Avon, Colorado ("Council"), to annex to
the Town of Avon ("Town") the unincorporated territory located in the County of Eagle, State of
Colorado, which property is more particularly described in Exhibit A attached hereto and
incorporated herein by reference ("Propert y"). In support of this Petition, Petitioners allege that:
It is desirable and necessary that the Property be annexed to the Town.
2. The requirements of Sections -104 and -105 of the Annexation Act exist or have
been met.
3. Not less than one-sixth (1/6) of the perimeter of the Property is contiguous with
the Town's current municipal boundaries.
4. A community of interest exists between the Property and the Town.
The Property is urban or will be urbanized in the near future.
6. The Property is integrated with or is capable of being integrated with the Town.
7. The Petitioner comprises more than fifty percent (50%) of the landowners in the
Property owning more than fifty percent (50%) of the Property, excluding public streets, and
alleys and any land owned by the annexing municipality, and the Petitioner hereby consent to the
establishment of the boundaries of the Property as shown on the annexation plat submitted
herewith.
8. The Property is not presently a part of any incorporated city, city and county, or
town; no proceedings have been commenced for incorporation or annexation of part or all of the
Property to any other municipality; no election for annexation of the Property or substantially the
same territory to the Town has been held within the twelve (12) months immediately preceding
the filing of this Petition.
9. The proposed annexation will not result in detachment of area from any school
district or attachment of same to another school district.
10. Except to the extent necessary to avoid dividing parcels within the Property held
in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit,
the proposed annexation will not extend the municipal boundary of the Town more than three (3)
miles in any direction from any point of the current municipal boundary.
11. The proposed annexation will not result in the denial of reasonable access to any
landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley
which has been annexed by the Town but is not bounded on both sides by the Town.
12. In establishing the boundaries of the Property, no land which is held in identical
ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous
tracts or parcels of real estate:
(a) is being divided into separate parts or parcels without the written consent
of the landowner or landowners thereof unless such tracts or parcels are separated by a
dedicated street, road, or other public way; or
(b) comprising twenty (20) acres or more and together with buildings and
improvements situate thereon having a valuation for assessment in excess of $200,000.00
for ad valorem tax purposes for the year next preceding the proposed annexation, is
included in the Property without the written consent of the landowner or landowners.
13. If a portion of a platted street or alley is to be annexed, the entire width thereof is
included within the Property.
14. The legal description of the land owned by the Petitioner is set forth underneath
the name of Petitioner on Exhibit B, attached hereto and incorporated herein by this reference.
15. The affidavit of the circulator of this Petition certifying that each signature on this
Petition is the signature of the person whose name it purports to be and certifying the accuracy of
the date of such signature is attached hereto as Exhibit C and is incorporated herein by this
reference.
16. This Petition is accompanied by four prints of an annexation map containing,
among other things, the following information:
(a) A written legal description of the boundaries of the Property;
(b) A map showing the boundary of the Property;
(c) Within the annexation boundary map, a showing of the location of each
ownership tract in unplatted land and, if part or all of the area is platted, the boundaries
and the plat numbers of plots or of lots and blocks; and
(d) Next to the boundary of the Property, a drawing of the contiguous
boundary of the annexing municipality abutting the Property.
17. In connection with the processing of this Petition, the Petitioner requests that the
Town institute a zoning approval process for the Property in accordance with applicable
provisions of the Municipal Code of the Town of Avon and in accordance with Section -115 of
the Annexation Act
18. Petitioner has filed this Petition subject to the following conditions:
(a) Concurrently with its approval of annexation of the Property, the Town
Council approves for those portions of the Property that are not public right-of-way
Neighborhood Commercial (NC) zoning which is consistent with the application for
zoning which Petitioner submits in connection with this Petition.
(b) Petitioner shall have the right to withdraw this Petition by so notifying the
Town Clerk in writing prior to the fortieth (40th) day after the latest effective date of the
final ordinances or resolutions approving annexation of the Property and zoning of the
Property; provided, however, that such withdrawal right may be exercised only if a third
party commences a formal challenge to any of the approvals within such period.
(c) Prior to expiration of the period described in the foregoing
subparagraph (b) without Petitioner having' withdrawn the Petition, neither Petitioner nor
the Town shall cause or permit the occurrence of the conditions to effectiveness of the
annexation as set forth in Section -113(2)(b) of the Annexation Act.
19. Upon the annexation of the Property becoming effective, and subject to the
conditions set forth in this Petition, the Property shall become subject to all ordinances,
resolutions, rules and regulations of the Town, except as otherwise set forth in the Annexation
and Development Agreement, and except for general property taxes of the Town which shall
become effective on January 1 of the next succeeding year following adoption of the annexation
ordinance.
20. Except for the terms and conditions of this Petition, which terms and conditions
Petitioners expressly approve and therefore do not constitute an imposition of additional terms
and conditions within the meaning of Section -107(1)(g) of the Annexation Act, Petitioner
request that no additional terms and conditions be imposed upon annexation of the Property to
'the Town.
THEREFORE, Petitioner requests that the Town Council of the Town of Avon,
Colorado, complete and approve the annexation of the Property pursuant to the provisions of the
Municipal Annexation Act of 1965, as amended.
Respectfully submitted this !D day of , 2002.
Signatures of Landowner/Petitioner:
EDINBURGH CORPORATION
By:C. MICH B EN, ent
By: -
Name: C. chael Bowen
Title: President
Date of Signature: Zdd Z
Mailing Address:
P.O. Box 3901
Avon, CO 81620
Attn: C. Michael Bowen.
Resident of the Property? NO
EXHIBIT A
TO PETITION FOR ANNEXATION
Legal Description of the Property
Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at
Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder,
EXCEPT that portion described as follows:
Beginning at the most easterly corner of said Lot 6; thence the following three courses along the
southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a
radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13
feet; (2) S78°00'01"W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a
radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14
feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along
the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a
chord that bears N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence
S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425
square feet, more or less.
EXHIBIT B
TO PETITION FOR ANNEXATION
Legal Description of Property Owned
by Petitioner
Name of Landowner/Petitioner: EDINBURGH CORPORATION
Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at
Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder,
EXCEPT that portion described as follows in the office of the Eagle County, Colorado, Clerk
and Recorder, described as follows:
Beginning at the most easterly corner of said Lot 6; thence the following three courses along the
southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a
radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13
feet; (2) S78°00'01"W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a
radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14
feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along
the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a
chord that bears N49° 14' 01 "E 60.13 feet to the northeasterly line of said Lot 6; thence
S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425
square feet, more or less.
EXHIBIT C
TO PETITION FOR ANNEXATION
Affidavit of Circulator
The undersigned, being of lawful age, who being first duly sworn upon oath
deposes and says:
That he was the circulator of the foregoing Petition for Annexation of lands to the
Town of Avon, consisting of rj pages including this page, and that the signature of the
Peitioner thereon was witnessed by the circulator and is the true and original signature of the
person whose names it purports to be, and that the date of such si ature is correct.
Circulator
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The foregoing AFFIDAVIT OF CIRCULATOR was ub cribed and sworn to before me
this 9 day of Kia , 2002, by PV//,/
Witness my hand and official seal.
My commission expires:
N
LIST OF SPECIAL DISTRICTS AND SCHOOL DISTRICTS
School District: Eagle County RE50J
Special Districts:
Colorado Mountain College
Eagle River Water and Sanitation
Colorado River Water Conservation
Upper Eagle Valley Consolidated Sanitation
Eagle Valley Library
Eagle County Health Services
Eagle River Fire Protection
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Ruth Borne, Director of Community Development
Date May 22, 2002
Re: First Reading of Ordinance 02-9 - An Ordinance Concerning the Annexation
to the Town of Avon, Colorado, of certain property as described in the Post
Boulevard Public Right of Way Petition for Annexation
Summary
The Petition for Annexation ("Petition") filed by Traer Creek Metropolitan District, Edinburgh
Corporation, and Margaret Beyer, Personal Representative for the Estate of Jeanette L.
Nottingham a/ka/ Jeanette Nottingham for the Post Boulevard Public Right of Way has been
found to be in substantial compliance with Colorado statutes as evidenced by approval of
Resolution 02-21 Series of 2002.
The First Reading of Ordinance 02-9, Series of 2002 will initiate the annexation process.
Recommendation
Staff recommends Town Council approve Ordinance 02-9 An Ordinance Concerning the
Annexation to the Town of Avon, Colorado, of certain property as described in the Post
Boulevard Public Right of Way Petition for Annexation.
Proposed Motion
"I move to approve on first reading Ordinance 02-9 An Ordinance Concerning the
Annexation to the Town of Avon, Colorado, of certain property as described in the Post
Boulevard Public Right of Way Petition for Annexation."
Town Manager Comments
C C V1 ( 6, "-
Attachments:
Ordinance 02-9, Series of 2002
Memo to Town Council, May 28, 2002 Page 1 of 1
Ordinance 02-9, Annexation for Post Blvd.
TOWN OF AVON
ORDINANCE NO. 02-9
SERIES OF 2002
AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN
OF AVON, COLORADO, OF CERTAIN PROPERTY AS DESCRIBED IN
THE POST BOULEVARD PUBLIC RIGHT OF WAY PETITION FOR
ANNEXATION.
WHEREAS, on May 10, 2002, TRAER CREEK METROPOLITAN DISTRICT,
a special district formed pursuant to C.R.S. § 32-1-101 et. seq. and a governmental subdivision
of the State of Colorado, EDINBURGH CORPORATION, a Texas corporation, and
MARGARET BEYER, PERSONAL REPRESENTATIVE FOR THE ESTATE OF THE
ESTATE OF JEANETTE L. NOTTTINGHAM a/k/a JEANETTE NOTTINGHAM filed with the
Town Clerk for the Town of Avon ("Town") the petition for annexation ("Petition") requesting
that the Town Council of the Town ("Town Council") commence proceedings to annex to the
Town certain unincorporated tract or tracts of land located in Eagle County, Colorado, and
described on Exhibit A attached hereto and incorporated herein by this reference (the
"Annexation Property"); and
WHEREAS, the Town Council, by Resolution Number 02-27, Series of 2002,
attached hereto and incorporated herein by this reference as Exhibit B, has determined with
regard to the Petition that, pursuant to Section 31-12-110, C.R.S.: (1) the applicable parts of
Sections 31-12-104 and 31-12-105, C.R.S., have been met; (2) an election is not required under
Sections 31-12-107(2) or 31-12-112, C.R.S.; and (3) no additional terms and conditions are to be
imposed on the Petition;
WHEREAS, the Town Council held public hearings at which it received evidence
and testimony pertaining to the annexation of the Annexation Property, at the conclusion of
which the Town Council considered such evidence and testimony so introduced, and by this
Ordinance sets forth its findings of fact and conclusions.
THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT
AND CONCLUSIONS:
1. The submission, processing, consideration and approval of the Petition
have fully met and complied with all applicable laws and regulations of the State of Colorado
and the Town, including, without limitation, Article II, Section 30 of the Colorado constitution
and Sections 31-12-101 through 31-12-123, C.R.S.
2. All public hearings concerning whether the Town should annex the
Annexation Property have been held and conducted in accordance with all applicable laws and
regulations of the State of Colorado and the Town.
521179.3 CAMALC 05/23/02 11:51 AM
3. All notices required for the public hearings at which the Town Council
considered the Petition were properly and timely published, posted or mailed in accordance with
all applicable laws and regulations of the State of Colorado and the Town.
4. In order to encourage well-ordered development to the Town, it is
desirable that the Annexation Property be annexed to the Town.
5. The annexation of the Annexation Property to the Town is in the best
interests of the public health, safety and general welfare of the people of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO THAT:
Section 1. The annexation to the Town of the Annexation Property be, and is
hereby approved and said real property as described on the annexation map
accompanying the Petition is hereby annexed to the Town.
Section 2. As required by statute, the Town shall:
(a) File one copy of the annexation map with the original of this Ordinance in
the office of the Town Clerk for the Town; and
(b) File for recording three certified copies of this Ordinance and of the map
of the area annexed containing a legal description of such area with the
Clerk and Recorder of Eagle County, Colorado.
Section 3. The Town Clerk is hereby authorized and directed to publish the
full text of this Ordinance in the Eagle Valley Enterprise, a newspaper of general
circulation within the Town on the next available publication date.
Section 4. The effective date of this Ordinance shall be seven (7) days after
publication of the notice described in Section 3 above.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED PUBLISHED this day of , 2002 and a public hearing on this
ordinance shall be held at the regular meeting of the Town Council of the Town of Avon,
Colorado, on the day of , 2002 at p.m. in the Avon Municipal
Complex, 400 Benchmark Road, Avon, Colorado.
TOWN OF AVON
By:
Judy Yoder
Mayor of the Town of Avon, Colorado
521179.3 CAMALC 05/23/02 10:45 AM 2
Attest:
Patty McKenny, Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED PUBLISHED this day of )2002.
TOWN OF AVON
By:
Judy Yoder
Mayor of the Town of Avon, Colorado
Attest:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John Dunn, Esq.
Town Attorney
521179.3 CAMALC 05/23/02 10:45 AM 3
EXHIBIT A
TO
ORDINANCE NUMBER 02-9, SERIES OF 2002
(Legal Description of Annexation Property)
PARCEL A
That part of Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at
Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows:
Beginning at the most easterly corner of said Lot 6; thence the following three courses along the
southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a
radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13
feet; (2) S78°00'01"W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a
radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14
feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along
the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a
chord that bears N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence
S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425
square feet, more or less.
PARCEL B
That part of Lot 1, Nottingham Cottages P.U.D., according to the final plat thereof recorded as
Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder,
described as follows:
Beginning at the northwesterly corner of said Lot 1: thence, along the northwesterly line of said
Lot 1, N78°00'01"E 19.88 feet; thence, departing said northwesterly line, S50°51'55"W 28.15
feet to the westerly line of said Lot 1; thence, along said westerly line, N09°57'00"E 13.84 feet to
the point of beginning, containing 127.6 square feet, more or less.
PARCEL C
That part of Lot 2, Nottingham Cottages, P.U.D., according to the final plat thereof recorded as
Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder,
described as follows:
Beginning at the most westerly corner of said Lot 2; thence the following three courses along the
northwesterly line of said Lot 2: (1) N60°52'49"E 101.94 feet; (2) 149.40 feet along the arc of a
curve to the right, having a radius of 500.00 feet, a central angle of 17°07' 12", and a chord that
bears N69°26'25"E 148.85 feet; (3) N78°00'01"E 37.70 feet to the most northerly corner of said
Lot 2; thence, along the common line of said Lot 2 and Lot 1 of said Nottingham Cottages
P.U.D., S09°57'00"W 13.84 feet; thence, departing said common line, S50°51'55"W 84.85 feet;
521179.3 CAMALC 05/23/02 10:45 AM A-1
thence S34°42'51"E 0.82 feet; thence 16.25 feet along the arc of a curve to the right, having a
radius of 105.25 feet, a central angle of 08°50'45", and a chord that bears S60°30'44"W 16.23
feet; thence 23.27 feet along the are of a curve to the left, having a radius of 94.75 feet, a central
angle of 14°04'12", and a chord that bears S57°54'01"W 23.21 feet; thence S50°51'55"W
109.16 feet; thence 6.22 feet along the arc of a curve to the left, having a radius of 164.75 feet, a
central angle of 02°09'48", and a chord that bears S49°47'01"W 6.22 feet to the southwesterly
line of said Lot 2; thence the following two courses along said southwesterly line: (1)
N60°25'20"W 53.87 feet; (2) N47°59'03"W 37.01 feet to the point of beginning, containing
14796 square feet, more or less.
PARCEL D
That part of (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS
according to the map thereof recorded in Book 318 at Page 186 in the office of the Eagle County,
Colorado, Clerk and Recorder, described as follows:
Beginning at the most easterly corner of an existing 60 foot wide Access Easement as shown on
said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence the
following two courses along the northeasterly line of said (Corrected) Final Plat - Condominium
Map SUN RIVER CONDOMINIUMS: (1) S47°59'03"E 36.78 feet; (2) S60°25'20"E 53.87 feet;
thence, departing said northeasterly line, 11.11 feet along the arc of a curve to the left, having a
radius of 164.75 feet, a central angle of 03°51'47", and a chord that bears S46'46'1 3"W 11.11
feet; thence 30.80 feet along the arc of a curve to the left, having a radius of 47.00 feet, a central
angle of 37°33' 10", and a chord that bears S26°03'45"W 30.26 feet, to the southwesterly line of
said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along
said southwesterly line, 130.71 feet along the arc of a curve to the right, having a radius of
1830.00 feet, a central angle of 04°05'33", and a chord that bears N68°38'04"W 130.68 feet to
the most southerly corner of said 60 foot wide Access Easement; thence, departing said
southwesterly line, N60°53'00"E 78.88 feet, along the southeasterly line of said 60 foot wide
Access Easement, to the point of beginning, containing 5591 square feet, more or less.
PARCEL E
That part of (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS
according to the map thereof recorded in Book 318 at Page 186 in the office of the Eagle County,
Colorado, Clerk and Recorder, described as follows:
Beginning at the most northerly corner of an existing 60 foot wide Access Easement as shown on
said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along
the northwesterly line of said 60 foot wide Access Easement, S60°53'00"W 79.05 feet; thence,
departing said northwesterly line, N25°21'46"E 17.60 feet; thence N60°53'24"E 61.24 feet, to
the northeasterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER
CONDOMINIUMS; thence S47°59'03"E 10.80 feet, along said northeasterly line, to the point of
beginning, containing 717 square feet, more or less.
521179.3 CAMALC 05/23/02 10:45 AM 2
EXHIBIT B
TO
ORDINANCE NUMBER 02-9, SERIES OF 2002
(Copy of Resolution Number 02-27, Series of 2002)
521179.3 CAMALC 05/23/02 10:45 AM B-1
RESOLUTION NO. 02-27
SERIES OF 2002
A RESOLUTION OF THE TOWN OF AVON SETTING FORTH FINDINGS OF FACT
AND CONCLUSIONS REGARDING THE ANNEXATION OF CERTAIN PROPERTY AS
DESCRIBED IN THE POST BOULEVARD PUBLIC RIGHT OF WAY PETITION FOR
ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated by the filing on
May 10, 2002 of the Post Boulevard Public Right of Way Petition for Annexation (the "Petition")
for a portion of certain property located in Eagle County, Colorado, and described on Exhibit A
attached hereto (the "Annexation Property"); and
WHEREAS, at a meeting on the 28`h day of May, 2002, the Town Council passed
and adopted Resolution No. 02-21 finding substantial compliance of Petition, and setting a hearing
to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S.,
and is eligible for annexation to the Town; and
WHEREAS, following notice given as required by law, the Town Council has held a
hearing on said annexation;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO THAT:
Section 1. The Town Council hereby finds that Petition complies with the
provisions of Section 31-12-107, C.R.S.
Section 2. The Town Council hereby finds that, with respect to Petition, the
requirements of Article H, Section 30 of the Colorado Constitution and of the applicable parts of
Sections 31-12-104 and 31-12-105, C.R.S., have been met.
Section 4. The Town Council hereby finds that no additional terms and
conditions are to be imposed upon annexation of that Annexation Property included in the Petition.
Section 5. The Town Council hereby finds that an election is not required under
Sections 31-12-107(2) or 31-12-112(1), C.R.S.
Section 6. The Town Council hereby finds that notice was given and a hearing
was held regarding the annexation in accordance with the requirements of Sections 31-12-108 and
31-12-109, C.R.S., as applicable.
Section 7. The Town Council concludes that the Annexation Property included
in Petition is eligible for annexation to the Town of Avon.
544252.1 CAMALC 05/23102 11:35 AM
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Avon held this day of , 2002.
Judy Yoder
Mayor of the Town of Avon, Colorado
ATTEST:
Patty McKenny
Town Clerk
544252.1 CAMALC 05/23/02 1135 AM
Exhibit A
(Legal Description of Annexation Property)
PARCEL A
That part of Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page
533, in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows:
Beginning at the most easterly corner of said Lot 6; thence the following three courses along the
southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a radius of
487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13 feet; (2)
S78°00'01"W 93.40 feet; (3) 31.15 feet along the are of a curve to the left, having a radius of
570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14 feet; thence,
departing said southeasterly line, N50'5 1'55"E 45.70 feet; thence 60.15 feet along the arc of a curve
to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a chord that bears
N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence S57°59'05"E 69.88 feet,
along said northeasterly line, to the point of beginning, containing 3425 square feet, more or less.
PARCEL B
That part of Lot 1, Nottingham Cottages P.U.D., according to the final plat thereof recorded as
Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder, described
as follows:
Beginning at the northwesterly corner of said Lot 1: thence, along the northwesterly line of said Lot
1, N78°00'01"E 19.88 feet; thence, departing said northwesterly line, S50°51'55"W 28.15 feet to
the westerly line of said Lot 1; thence, along said westerly line, N09°57'00"E 13.84 feet to the point
of beginning, containing 127.6 square feet, more or less.
PARCEL C
That part of Lot 2, Nottingham Cottages, P.U.D., according to the final plat thereof recorded as
Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder, described
as follows:
Beginning at the most westerly corner of said Lot 2; thence the following three courses along the
northwesterly line of said Lot 2: (1) N60°52'49"E 101.94 feet; (2) 149.40 feet along the arc of a
curve to the right, having a radius of 500.00 feet, a central angle of 17°07' 12", and a chord that
bears N69°26'25"E 148.85 feet; (3) N78°00'01"E 37.70 feet to the most northerly corner of said Lot
2; thence, along the common line of said Lot 2 and Lot 1 of said Nottingham Cottages P.U.D.,
S09°57'00"W 13.84 feet; thence, departing said common line, S50'5 1'55"W 84.85 feet; thence
S34042'51"E 0.82 feet; thence 16.25 feet along the arc of a curve to the right, having a radius of
105.25 feet, a central angle of 08°50'45", and a chord that bears S60°30'44"W 16.23 feet; thence
23.27 feet along the arc of a curve to the left, having a radius of 94.75 feet, a central angle of
14°04'12", and a chord that bears S57°54'01"W 23.21 feet; thence S50'5 1'55"W 109.16 feet;
5442511 CAMALC 05/23/02 11:35 AM A-1
thence 6.22 feet along the arc of a curve to the left, having a radius of 164.75 feet, a central angle of
02°09'48", and a chord that bears S49°47'01"W 6.22 feet to the southwesterly line of said Lot 2;
thence the following two courses along said southwesterly line: (1) N60°25'20"W 53.87 feet; (2)
N47°59'03"W 37.01 feet to the point of beginning, containing 14796 square feet, more or less.
PARCEL D
That part of (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS
according to the map thereof recorded in Book 318 at Page 186 in the office of the Eagle County,
Colorado, Clerk and Recorder, described as follows:
Beginning at the most easterly corner of an existing 60 foot wide Access Easement as shown on said
(Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence the following
two courses along the northeasterly line of said (Corrected) Final Plat - Condominium Map SUN
RIVER CONDOMINIUMS: (1) S47°59'03"E 36.78 feet; (2) S60°25'20"E 53.87 feet; thence,
departing said northeasterly line, 11.11 feet along the arc of a curve to the left, having a radius of
164.75 feet, a central angle of 03°51'47", and a chord that bears S46'46'1 3 "W 11.11 feet; thence
30.80 feet along the are of a curve to the left, having a radius of 47.00 feet, a central angle of
37°33' 10", and a chord that bears S26°03'45"W 30.26 feet, to the southwesterly line of said
(Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along said
southwesterly line, 130.71 feet along the arc of a curve to the right, having a radius of 1830.00 feet,
a central angle of 04°05'33", and a chord that bears N68°38'04"W 130.68 feet to the most southerly
corner of said 60 foot wide Access Easement; thence, departing said southwesterly line,
N60°53'00"E 78.88 feet, along the southeasterly line of said 60 foot wide Access Easement, to the
point of beginning, containing 5591 square feet, more or less.
PARCEL E
That part of (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS
according to the map thereof recorded in Book 318 at Page 186 in the office of the Eagle County,
Colorado, Clerk and Recorder, described as follows:
Beginning at the most northerly corner of an existing 60 foot wide Access Easement as shown on
said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along
the northwesterly line of said 60 foot wide Access Easement, S60°53'00"W 79.05 feet; thence,
departing said northwesterly line, N25'2 1'46"E 17.60 feet; thence N60'5 3'24"E 61.24 feet, to the
northeasterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER
CONDOMINIUMS; thence S47°59'03"E 10.80 feet, along said northeasterly line, to the point of
beginning, containing 717 square feet, more or less.
A-2
CERTIFICATE OF PUBLICATION
I, Patty McKenny, Town Clerk for the Town of Avon, Colorado, hereby certify
that a true and full copy of the Town of Avon Ordinance Number 02-9, Series of 2002 was
published in the , a newspaper of general circulation in the Town of
Avon, Colorado, on , 2002. A copy of the published text is attached hereto.
Date:
Patty McKenny
Town Clerk
521179.3 CAMALC 05/23/02 10:45 AM
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager J
From: Ruth Borne, Director of Community Development ?-
Date May 22, 2002
Re: First Reading of Ordinance 02-10 - An Ordinance Concerning the
Annexation to the Town of Avon, Colorado, of certain property as described
as Lot 6, McGrady Acres Petition for Annexation
Summary
The Petition for Annexation ("Petition") filed by Edinburgh Corporation, a Texas corporation for
Lot 6, McGrady Acres Subdivision has been found to be in substantial compliance with
Colorado statutes as evidenced by approval of Resolution 02-22 Series of 2002.
The First Reading of Ordinance 02-10, Series of 2002 will initiate the annexation process.
Recommendation
Staff recommends Town Council approve Ordinance 02-10 An Ordinance Concerning the
Annexation to the Town of Avon, Colorado, of certain property as described in the Lot 6,
McGrady Acres Subdivision Petition for Annexation.
Proposed Motion
"I move to approve on first reading Ordinance 02-10 An Ordinance Concerning the
Annexation to the Town of Avon, Colorado, of certain property as described in the Lot 6,
McGrady Acres Subdivision Petition for Annexation."
Town Manager Comments
i
Attachments:
Ordinance 02-10, Series of 2002
Memo to Town Council, May 28, 2002 Page 1 of 1
Ordinance 02-10, Annexation for Lot 6, McGrady Acres
TOWN OF AVON
ORDINANCE NO. 02-10
SERIES OF 2002
AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN
OF AVON, COLORADO, OF CERTAIN PROPERTY AS DESCRIBED IN
THE LOT 6, MCGRADY ACRES SUBDIVISION PETITION FOR
ANNEXATION.
WHEREAS, on May 10, 2002, EDINBURGH CORPORATION, a Texas
corporation, filed with the Town Clerk for the Town of Avon ("Town") the petition for
annexation ("Petition") requesting that the Town Council of the Town ("Town Council")
commence proceedings to annex to the Town certain unincorporated tract or tracts of land
located in Eagle County, Colorado, and described on Exhibit A attached hereto and incorporated
herein by this reference (the "Annexation Property"); and
WHEREAS, the Town Council, by Resolution Number 02-28, Series of 2002,
attached hereto and incorporated herein by this reference as Exhibit B, has determined with
regard to the Petition that, pursuant to Section 31-12-110, C.R.S.: (1) the applicable parts of
Sections 31-12-104 and 31-12-105, C.R.S., have been met; (2) an election is not required under
Sections 31-12-107(2) or 31-12-112, C.R.S.; and (3) no additional terms and conditions are to be
imposed on the Petition;
WHEREAS, the Town Council held public hearings at which it received evidence
and testimony pertaining to the annexation of the Annexation Property, at the conclusion of
which the Town Council considered such evidence and testimony so introduced, and by this
Ordinance sets forth its findings of fact and conclusions.
THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT
AND CONCLUSIONS:
1. The submission, processing, consideration and approval of the Petition
have fully met and complied with all applicable laws and regulations of the State of Colorado
and the Town, including, without limitation, Article 11, Section 30 of the Colorado constitution
and Sections 31-12-101 through 31-12-123, C.R.S.
2. All public hearings concerning whether the Town should annex the
Annexation Property have been held and conducted in accordance with all applicable laws and
regulations of the State of Colorado and the Town.
3. All notices required for the public hearings at which the Town Council
considered the Petition were properly and timely published, posted or mailed in accordance with
all applicable laws and regulations of the State of Colorado and the Town.
521179.3 CAMALC 05/23/02 11:46 AM
4. In order to encourage well-ordered development to the Town, it is
desirable that the Annexation Property be annexed to the Town.
5. The annexation of the Annexation Property to the Town is in the best
interests of the public health, safety and general welfare of the people of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO THAT:
Section 1. The annexation to the Town of the Annexation Property be, and is
hereby approved and said real property as described on the annexation map
accompanying the Petition is hereby annexed to the Town.
Section 2. As required by statute, the Town shall:
(a) File one copy of the annexation map with the original of this Ordinance in
the office of the Town Clerk for the Town; and
(b) File for recording three certified copies of this Ordinance and of the map
of the area annexed containing a legal description of such area with the
Clerk and Recorder of Eagle County, Colorado.
Section 3. The Town Clerk is hereby authorized and directed to publish the
full text of this Ordinance in the Eagle Valley Enterprise, a newspaper of general
circulation within the Town on the next available publication date.
Section 4. The effective date of this Ordinance shall be seven (7) days after
publication of the notice described in Section 3 above.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED PUBLISHED this day of , 2002 and a public hearing on this
ordinance shall be held at the regular meeting of the Town Council of the Town of Avon,
Colorado, on the day of 2002 at p.m. in the Avon Municipal
Complex, 400 Benchmark Road, Avon, Colorado.
TOWN OF AVON
By:
Judy Yoder
Mayor of the Town of Avon, Colorado
521179.3 CAMALC 05/23/02 11:46 AM 2
Attest:
Patty McKenny
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED PUBLISHED this day of , 2002.
TOWN OF AVON
By:
Judy Yoder
Mayor of the Town of Avon, Colorado
Attest:
Patty McKenny
Town Clerk
APPROVED AS TO FORM:
John Dunn, Esq.
Town Attorney
521179.3 CAMALC 05/23/02 11:46 AM 3
EXHIBIT A
TO
ORDINANCE NUMBER 02-10, SERIES OF 2002
(Legal Description of Annexation Property)
Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at
Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder,
EXCEPT that portion described as follows:
Beginning at the most easterly corner of said Lot 6; thence the following three courses along the
southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a
radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13
feet; (2) S78°00'01"W 93.40 feet; (3) 31.15 feet along the are of a curve to the left, having a
radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14
feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along
the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a
chord that bears N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence
S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425
square feet, more or less.
521179.3 CAMALC 05/23/02 11:46 AM A-1
EXHIBIT B
TO
ORDINANCE NUMBER 02-10, SERIES OF 2002
(Copy of Resolution Number 02-28, Series of 2002)
521179.3 CAMALC 05/23/02 11:46 AM B-1
RESOLUTION NO. 02-28
SERIES OF 2002
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF AVON SETTING FORTH
FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF
CERTAIN PROPERTY AS DESCRIBED AS THE LOT 6, MCGRADY ACRES PETITION
FOR ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated by the filing on
May 10, 2002 of the Lot 6, McGrady Acres Petition for Annexation (the "Petition") for a portion of
certain property located in Eagle County, Colorado, and described on Exhibit A attached hereto (the
"Annexation Property"); and
WHEREAS, at a meeting on the 28th day of May, 2002, the Town Council passed
and adopted Resolution No. 02-22 finding substantial compliance of Petition, and setting a hearing
to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S.,
and is eligible for annexation to the Town; and
WHEREAS, following notice given as required by law, the Town Council has held a
hearing on said annexation;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO THAT:
Section 1. The Town Council hereby finds that Petition complies with the
provisions of Section 31-12-107, C.R.S.
Section 2. The Town Council hereby finds that, with respect to Petition, the
requirements of Article II, Section 30 of the Colorado Constitution and of the applicable parts of
Sections 31-12-104 and 31-12-105, C.R.S., have been met.
Section 4. The Town Council hereby finds that no additional terms and
conditions are to be imposed upon annexation of that Annexation Property included in the Petition.
Section 5. The Town Council hereby finds that an election is not required under
Sections 31-12-107(2) or 31-12-112(1), C.R.S.
Section 6. The Town Council hereby finds that notice was given and a hearing
was held regarding the annexation in accordance with the requirements of Sections 31-12-108 and
31-12-109, C.R.S., as applicable.
Section 7. The Town Council concludes that the Annexation Property included
in Petition is eligible for annexation to the Town of Avon.
5442521 CAMALC 05/23/02 11:47 AM
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Avon held this day of , 2002.
Judy Yoder
Mayor of the Town of Avon, Colorado
ATTEST:
Patty McKenny
Town Clerk
544252.1 CAMALC 05/23/02 11:47 AM
Exhibit A
(Legal Description of Annexation Property)
Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at. Page 533, at
Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder, EXCEPT
that portion described as follows:
Beginning at the most easterly corner of said Lot 6; thence the following three courses along the
southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a radius of
487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13 feet; (2)
S78°00'01 "W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a radius of 570.00
feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14 feet; thence, departing
said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along the arc of a curve to the
left, having a radius of 697.62 feet, a central angle of 04°56'23", and a chord that bears
N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence S57°59'05"E 69.88 feet,
along said northeasterly line, to the point of beginning, containing 3425 square feet, more or less.
544252.1 CAMALC 05/23/02 11:47 AM A-1
CERTIFICATE OF PUBLICATION
I, Patty McKenny, Town Clerk for the Town of Avon, Colorado, hereby certify
that a true and full copy of the Town of Avon Ordinance Number 02-10, Series of 2002 was
published in the , a newspaper of general circulation in the Town of
Avon, Colorado, on , 2002. A copy of the published text is attached hereto.
Date:
Patty McKenny
Town Clerk
521179.3 CAMALC 05/23/02 11:46 AM
Minutes of Planning & Zoning Commission
May 21, 2002
Council Chambers
Town of Avon Municipal Building
400 Benchmark Road
AGENDA
1. Call to Order
The meeting was called to order to 6:01 PM.
II. Roll Call
All Commissioners were present except for Commissioner McClinton.
III. Additions and Amendments to the Agenda
Chairman Evans makes an amendment to Section XIII, stating that all PUD
Amendments will be public hearings. Tambi Katieb, Planner II, read the Worksession
minutes into the record, specifically about the discussion between the Commission
members and Mike and Dave Dantas regarding limiting the size of the dwelling units as
part of the PUD.
IV. Conflicts of Interest - Macik has a conflict with Lot 67/68
Commissioner Macik has a conflict with the final design of Lot 67/68, Benchmark at
Beaver Creek (item VII A).
V. Consent Agenda
Approval of the May 7, 2002 Planning & Zoning Commission Meeting Minutes.
Commissioner Wolfe motions to approve the consent agenda. Commission Karow
seconds, and the motion carries unanimously.
VI. Sketch Plan
A. Lot C, Avon Center at Beaver Creek
130 Beaver Creek Boulevard West
Office Building
Applicant: Oz Architecture
Ruth Borne, Community Development Director, made the staff presentation. Ms. Borne
reviewed the staff recommendations, including the proposed conditions along with the
items that are lacking on the submittal, i.e., north elevations architectural does not
continue as the other elevations, details for trash removal and storage must be provided
and all plans and details must match from sheet to sheet.
Joe Levi, OZ Architecture made a brief presentation and covered the items that were
lacking on the submittal including revisions made after the submittal. Ms. Borne, states
that Staff has not been given this information and therefore the Commission needs to
act solely on the sketch packet that was given to them.
Planning and Zoning Commission Meeting Minutes from May 21, 2002 Page 1 of 6
Chairman Evans has questions on the mechanical equipment as to the screening and
visibility. Mr. Levi states that the mechanical equipment will be on the roof and
screened, the slope in such a way that it will not be visible.
Commissioner Sipes is concerned with the flat roof style and feels that since this is only
a three story building that it should not be flat. He also touches on the four points of the
design review criteria, that all three buildings should be different and it is in the best
interest of the town to have as much different architecture as possible to keep from
massing problems, stating that the mall plan supports different styles. Since this is an
office building, this should not be designed like the rest of the project and should comply
with the Town Center Plan.
Commissioner Smith is not comfortable with the canyon affect and that is not consistent
with what was done in the past. Commissioner Macik agrees with the staff
recommendations and has no problems with the flat roof. Commissioner Karow agrees
that this sketch plan meets the town criteria and agrees with the staff recommendations,
he feels that this building should be designed like the rest of the project. Commissioner
Wolfe has no problem with the design or looks of the building, and feels that since this is
so close to the other buildings that it should look similar. However, she is concerned
with the flat roof.
Chairman Evans states that his comments are hand in hand with Commissioner Wolfe,
the flat roof being in the center of the downtown core does not comply with the
commercial design guidelines. Also the information that Mr. Levi has presented does
not match the sketch packet that was submitted, therefore he is not in the position to
approve.
Commissioner Wolfe motions to table the application until the next meeting so that the
applicant can deal with the flat roof and comply with the commercial guidelines as well
as giving staff time to review what has been presented. Commissioner Smith seconds
the motion and it carries 5 to 1 with Commissioner Macik dissenting.
Tab Bonidy, Tab & Associates makes a public comment as to the practicality of sloped
roof on commercial buildings, the mechanical code requires that equipment be
accessible for maintenance and this is almost impossible with the pitched roofs.
VII. Final Design
A. Lots 67 & 68, Block 1, Benchmark at Beaver Creek
Nottingham Road
Office/Retail Space
Applicant: Tab & Associates
Commissioner Macik leaves the room for this presentation due to conflict of interest.
Planning and Zoning Commission Meeting Minutes from May 21, 2002 Page 2 of 6
Mr. Katieb made the Staff presentation noting that during the work session there was
discussion on the building height and that there were color boards and materials to
hand out, and that staff is recommending approval on this project.
Tab Bonidy, Tab & Associates, made a presentation. Mr. Bondiy described how and
where the height of the building should be measured. Mr. Katieb, approaches the
Commission along with Mr. Bondiy with the project model to clarify how and where the
height of this building is measured. Commissioner Sipes then asks staff if it is true then
that the parapet is still 3 Y2 to 4 feet over in height. Mr. Katieb, answers yes, only on the
parapet.
Commissioner Wolfe, states that he is very much in favor of this building, the only thing
he is concerned about is the mechanical equipment on the roof. He is in favor of
approving this project as long as there is a condition about the amount and size of
future mechanical equipment on the roof.
Commissioner Karow, agrees that this complies with the design review guidelines and
has questions about the snow removal. Mr. Katieb, responds that the Town Code has
requirements as to the off site snow storage.
Commissioner Smith agrees with the design of the building and has no issues.
Commissioner Sipes motions to approve the final design with staff recommendations,
with the finding that the triangular parapet directly above the main entry is an
architectural feature/projection therefore allowed to exceed the height limitation by four
feet. It is an architectural projection because it is a minor feature to the roof. Also, all
future mechanical equipment that exceeds 3' x 3' in size or is taller than the perimeter
flat parapet must be reviewed by staff prior to installation and must be painted to match
the roof. Commissioner Karow seconds the motion and it carries unanimously.
Chairman Evans, addresses applicants, staff and audience members as to the
guidelines for the next three items on the agenda. Each of these will be reviewed one
at a time and will be open for public comment.
III. PUD Amendments
A. PUBLIC HEARING, RESOLUTION NUMBER: 02-04
Lots 42 & 43, Block 4, Wildridge Subdivision
5101 & 5113 Longsun Lane
Four-plex zoning to duplex zoning
Applicant: ASE, Inc.
Eric Johnson, Planning Technician, made the Staff presentation. The application is
taking two four plex lots and creating three duplex lots, removing two existing
development rights. Mr. Johnson adds that there have been 3 letters received by the
Town which have been distributed to the Commission. Staff is recommending approval
Planning and Zoning Commission Meeting Minutes from May 21, 2002 Page 3 of 6
John Perkins, JMP Architects, representing the owner ASE, Inc. makes a presentation.
He addresses the average size of these units, stated that at this time they are looking at
2,300 to 2,600 square feet.
Chairman Evans opens the meeting to public comment, there is none.
Commissioner Wolfe asks for clarification regarding the definition of 3,000 gross square
feet. He feels as though the maximum square feet needs to be established through the
PUD. Other than that he states that the application meets the
PUD criteria. Charlie Acevedo, JMP Architects, responds to the gross square foot
question, that it does not include the garage area. Commissioners Macik, Karow and
Smith agree with the other Commissioners regarding the square feet issue.
Commissioner Sipes, is concerned with the down sizing of the development rights and
is concerned that the Planning and Zoning Commission is not the governing body to
make this decision. He also points out that there will now be 3 buildings instead of 2.
Therefore he is a little uncomfortable about approving or disapproving without some
guidance from Council, he would like to table all three of these PUDS until they can
meet with Council for some direction.
Commissioner Macik would like to specify the square feet per dwelling in order to
maintain the massing of the buildings.
Chairman Evans states that his comments are the same and the Commission can
address the issue of size at the Sketch Plan submittal. The application is consistent
with the neighborhood's character and design compatibility with the immediate
environment, neighborhood and adjacent properties. He would like the consistency
reflected in the findings.
Commissioner Karow moves to approve Resolution 02-04 with the staff
recommendations along with an additional finding of, the scale, bulk, building height,
buffer zone, character be found consistent with the neighborhood's character and
design compatibility. Commissioner Macik seconds the motion and it carries
unanimously.
B. Lots 10 & 11, Block 2, Wildridge Subdivision
PUBLIC HEARING, RESOLUTION NO. 02-06
2877 & 2861 O'Neal Spur
Duplex zoning to single family zoning
Applicant: Michael Dantas [Tab 5]
Mr. Katieb makes staff presentation. This application creates three single-family lots,
removing one existing development right and changing the designation from duplex to
single family. Staff is recommending approval.
Chairman Evans, asks about the number of road cuts, is concerned that there will be
two road cuts.
Planning and Zoning Commission Meeting Minutes from May 21, 2002 Page 4 of 6
Dave Dantas, Dantas Builders, responds to the road cuts and assures the Commission
that there will be two instead of three.
Chairman Evans, opens the meeting for public comment.
Angelo Coria, neighboring resident, is concerned about the size/height of the buildings.
Mr. Dantas states that what they are proposing is that one dwelling is set higher and the
other two are lower with the longer driveway, this will hopefully preserve the views of the
neighboring lots. Commissioner Sipes addresses the resident; that there are no rights
as to the protection of the view corridor and also states that while the plan looks good it
seems to be reflecting a great deal of site disturbance. However, he realizes that this is
a very preliminary plan.
Chairman Evans, closes the public hearing.
Commissioner Macik has no problems with the change of the PUD or the project.
Commissioner Karow, agrees with staff recommendations and has no conflict with the
change. Commissioner Wolfe agrees with staff recommendations. Commissioner
Smith agrees with staff recommendations. Commissioner Sipes has nothing to add.
Chairman Evans has nothing add, however he does state that the Commission will be
asking Council for some feedback in revising PUDs based upon a reduction in density.
Commissioner Karow motions to approve Resolution 02-06 as presented, the motion is
seconded by Commissioner Wolfe and carries unanimously.
C. Lots 47 & 48, Block 1, Wildridge Subdivision
PUBLIC HEARING, RESOLUTION NO. 02-07
2420 & 2430 Saddle Ridge Loop
Duplex zoning to single family zoning
Applicant: Michael Dantas & Tom Marcin
Mr. Katieb makes the staff presentation that the application is creating three single-
family lots and removing one existing development right and changing the designation
from duplex to single family. Staff is recommending approval.
Chairman Evans opens the public hearing.
Arther Myers, lives across the street and he feels that the three single family homes
would be much better suited for this site since the site is so steep to begin with.
Commissioner Sipes states that once again the preliminary plans seems to show a
great deal of grading and site disturbance. Chairman Evans states the possibility to
contact the neighbors to check into creating an access easement across Lot 46 so that
all the residents could use the driveway to minimize the curbs cuts and it could be very
cost effective.
Planning and Zoning Commission Meeting Minutes from May 21, 2002 Page 5 of 6
Jason Bamuer, resident, talks about the driveway being common and is willing to speak
with the developers regarding the possible easement.
Commission Wolfe states that staff has done a wonderful job and with the findings and
recommends approval of the application with the recommendation that the developers
contact the neighbors about the possibility of an access easement.
Commission Karow motions to approve Resolution 02-07 with the recommendation that
the developer explore an access easement across Lot 46. Commissioner Sipes
seconds the motion and it carries unanimously.
X. Other Business
A. Minor Projects - Staff Approvals
1. Lot 32, Block 2, Wildridge Subdivision
2643 Beartrap Road - Unit A
Deck Addition & Parking Spot
Applicant: Casey Frehe
2. Lot 3, Block 1, Wildridge Subdivision
3000 Wildridge Road - Suncrest Condominiums
Exterior Remodel & Maintenance
Applicant: Tim McCabe
B. Sign Permits
1. Lot 24, Block 2, Benchmark at Beaver Creek Subdivision
0150 East Beaver Creek Blvd
"Lovely Nails"
Applicant: Young Electric Sign Company
C. Village at Avon Update
Commissioner Wolfe gives a brief update on the Village at Avon.
Ms. Borne comments about the Annexation update for Mr. Bowen and the other
properties in McGrady Acres.
X. Adjourn (7:15pm)
Commissioner Macik makes a motion to adjourn the meeting. Commissioner Sipes
seconds the motion and it carries unanimously at 8:00 pm.
Planning and Zoning Commission Meeting Minutes from May 21, 2002 Page 6 of 6
Memo
To: Honorable Mayor and Town Council
Thrul: Bill Efting, Town Manager
From: Ruth Borne, Director of Community Development
Date May 22, 2002
Re: First Reading of Ordinance 02-11, An Ordinance Amending the Wildridge
PUD for Lots 42 & 43, Block 4, Wildridge Subdivision
Summary
The applicant, TS Properties Inc., owns Lots 42 and 43, Block 4 in the Wildridge
Subdivision. They are seeking a PUD amendment in order to create three duplex lots
instead of two four-plex lots, thus removing two development rights from these lots that
are currently zoned for four units (a four-plex) each. The applicant has stated that the
proposed duplex lots will be identical to the other duplex lots in Wildridge as they relate
to development standards (building height, lot coverage, setbacks), and are further
restricted to building footprints and a shared access point for two of the duplexes.
The Planning and Zoning Commission recommended approval of this PUD Amendment on
May 21, 2002 with conditions as attached on Planning and Zoning Resolution 02-04.
Accompanying this PUD amendment is an amended final plat, which will create the three
duplex lots and identify the new proposed access easement. The plat will be brought to
Council concurrently with the second reading of Ordinance 02-11.
Additionally, the Planning and Zoning Commission has requested that Council clarify the
Town policy on this type of PUD amendment since it appears to be a more frequent request
at their meetings.
Recommendation
Staff recommends that the Town Council pass Ordinance 02-11 on first reading, amending
the Wildridge PUD to rezone Lots 42 and 43, Block 4, Wildridge Subdivision, to create three
duplex lots (Lots 42A, 42B, and 42C) and removing two existing development rights.
Alternatives
1. Approve on First Reading
2. Deny on First Reading
Memo to Town Council, May 28, 2002 Page 1 of 2
Ordinance 02-11, Lots 42 and 44, Block 4, Wildridge PUD Amendment
Proposed Motion
"I move to approve on first reading Ordinance 02-11, approving an amendment to the
Wildridge PUD for Lots 42 & 43, Block 4, Wildridge Subdivision, Town of Avon, Eagle
County, Colorado. "
Town Manager Comments u
/- on c
Attachments:
A. Ordinance 02-11
B. Planning and Zoning Commission Staff Report
C. Planning and Zoning Commission Resolution 02-04
D. Minutes from the May 21, 2002 Planning and Zoning Commission Meeting
Memo to Town Council, May 28, 2002 Page 2 of 2
Ordinance 02-11, Lots 42 and 44, Block 4, Wildridge PUD Amendment
TOWN OF AVON
ORDINANCE NO. 02-11
SERIES OF 2002
AN ORDINANCE APPROVING AN AMENDMENT OF THE
WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR
LOTS 42 AND 43, BLOCK 4, WILDRIDGE SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, TS Properties Inc. has applied to amend the Wildridge PUD to rezone Lots
42 and 43, Block 4, Wildridge Subdivision, to create three duplex lots (Lots 42A, 42B, and 42C)
and removing two (2) existing development rights; 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 May 21, 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:
F:\Counci1\0rdinances\2002\0rd 02-11 L42,43 B4 WR PUD amendment.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. That the amendment of the Wildridge PUD to rezone Lots 42 and 43, 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 Lots 42A, 42B, and 42C, 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 to rezone Lots 42 and 43, Block 4, Wildridge
Subdivision, to create three duplex lots (Lots 42A, 42B, and 42C) and removing two (2) existing
development rights is hereby approved with one condition:
1. Except as otherwise modified by this permit approval, all material representations made
by the applicant or applicant representative(s) in this application and in public hearing(s)
shall be adhered to and considered binding conditions of approval.
F:\Counci1\0rdinances\2002\0rd 02-11 L42,43 B4 WR PUD amendment.doc
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
ATTEST:
Town Clerk
Mayor
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED the day of
ATTEST:
Town Clerk
2002.
Town of Avon, Colorado
Town Council
Mayor
APPROVED AS TO FORM:
Town Attorney
F:\Counci1\0rdinances\2002\0rd 02-11 L42,43 B4 WR PUD amendment.doc
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 02-04
SERIES OF 2002
A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF
AVON APPROVAL OF A PUD AMENDMENT TO THE WILDRIDGE PUD FOR LOTS
42 AND 43, BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, TS Properties Inc. has applied for an amendment to the Wildridge PUD to
create three duplex lots (Lots 42A, 42B, and 42C) on Lots 42 and 43, Block 4, removing
two existing development rights on the lots; 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.
WHEREAS, the Planning and Zoning Commission has found that the application is
consistent with the neighborhood's character and design compatibility with the immediate
environment, neighborhood, and adjacent properties relative to architectural design, scale,
bulk, building height, buffer zones, character, and orientation.
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 an
amendment to the Wildridge PUD to rezone Lots 42 and 43, Block 4 from multifamily
zoning for four (4) units to three (3) duplex lots (Lots 42A, 42B, and 42C), eliminating
two (2) development rights from Lots 42 and 42, with the following condition:
1. Except as otherwise modified by this permit approval, all material representations made
by the applicant or applicant representative(s) in this application and in public hearing(s)
shall be adhered to and considered binding conditions of approval.
ADOPTED THIS 21st DAY OF MAY, 2002
Signed:
Date: 1/0 Z.
Chris E C
At st:
Date: 7 UZ
Brian es, Secretary
Staff Report Avo N
PUD Amendment
C O L O R A D O
May 21, 2002 Planning & Zoning Commission meeting
Report date May 16, 2002
Project type PUD Amendment to the Wildridge PUD
Legal description Lots 42 & 43, Block 4, Wildridge Subdivision
Current zoning PUD - Four-plex zoning
Address 5101 & 5113 Longsun Lane
Introduction
Andy Schifanelli, the applicant and owner representative, seeks a PUD Amendment for Lots 42
and 43, Block 4, of the Wildridge Subdivision in order to create three (3) duplex lots from two
lots that are currently zoned for four units, thus removing two development rights. The applicant
has stated that the proposed duplex lots will conform to the duplex development standards
(building height, lot coverage, setbacks, etc.) for Wildridge. The PUD also states that each
building footprint of impermeable surface will not exceed 3,000 square feet "gross residential
floor area" as defined in the Wildridge Protective Covenants (July 12, 1979).
Accompanying this PUD amendment is a final plat that will create the three duplex lots and
identify a proposed access easement for Lots A and B. Attached to this report is a letter from the
applicant regarding the reasons for the PUD Amendment.
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.
Policy A1.3 of the Comprehensive Plan encourages the use of PUDs where it will provide a
benefit to the community and is compatible with surrounding development. The other
properties surrounding the proposed development are all zoned duplex. By changing the
zoning to duplex and removing two development rights this development will be consistent
with the other neighboring properties.
2. Conformity and compliance with the overall design theme of the town, the sub-area
design recommendations and design guidelines of the Town.
The application complies with the general design theme of the town and will require final
design approval for each duplex from the Town.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lots 42 & 43, Block 4, Wildridge subdivision, PUD Amendment
May 21, 2002 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 project complies with the design compatibility of the immediate environment. The
immediate lots surrounding these properties are duplex-zoned lots with both duplexes and
single-family residences having been developed on those properties.
4. Uses, activity, and density provide a compatible, efficient, and workable relationship
with surrounding uses and activity.
The uses and density proposed are compatible with surrounding uses and activity. Down
zoning the property will be to the benefit of the neighboring properties by removing two
development rights and creating three duplexes as opposed to two four-plexes.
5. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
No further disturbances or mitigation measures are proposed or required with this
amendment.
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.
This application may provide a higher aesthetic quality since it will eliminate two
development rights from Lots 42 and 43. The proposed PUD has only two curb cuts for three
properties. Project design will require a separate approval from the Town.
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.
Circulation is not an issue with this amendment.
8. Functional and aesthetic landscaping and open space in order to optimize and preserve
natural features, recreation, views and function.
Final site plan design will require a separate approval from the Town.
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 applicant is proposing that the three duplexes will be developed separately. The Final
Plat accompanying this application will create an access easement for Lot 42A across Lot
42B.
10. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks, and police and fire protection.
Public services are adequate.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lots 42 & 43, Block 4, Wildridge 6ubdivision, PUD Amendment
May 21, 2002 Planning & Zoning Commission meeting Page 3 of 3
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.
This application will not generate additional traffic and should reduce potential traffic and an
additional road cut through the elimination of two development rights for the lot
12. Development Standards
Setbacks:
Front: 25 feet from both Longsun Lane and Wildridge Road East.
Rear: 10 feet.
Side: 10 feet.
Height: 35 foot maximum.
Density: 2 units per lot, total of 6 units.
Site Coverage: 50% maximum.
Landscaping: 25% minimum.
Staff Recommendation
Staff believes that the reduction of the lot sizes and the removal of the two development rights
will benefit the neighboring area and the Town. This proposal minimizes road cuts onto the
properties by using shared access points. In conclusion, Staff recommends approval of the
application for a PUD Amendment to the Wildridge PUD to create three duplex-zoned lots and
removing two development rights.
Recommended Motion
I move to approve Resolution 02-04 recommending to the Town Council approval of the
application for an amendment to the Wildridge PUD to rezone Lots 42 and 43, Block 4 from
multifamily zoning for four (4) units to Lots 42A, 42B, and 42C, three (3) duplex lots,
eliminating two (2) development rights from Lots 42 and 43 with the following condition(s):
1. Except as otherwise modified by this permit approval, all material representations made
by the applicant or applicant representative(s) in this application and in public hearing(s)
shall be adhered to and considered binding conditions of approval.
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 submi e
Eric Johnson
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
ASE, INC.
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April 25, 2002
Mr. Tambi Katieb
Planner
Town of Avon
PO Box 975
Avon CO 81620
Dear Mr. Katieb:
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TS Properties, Inc. wishes to combine Lots 42 & 43, Block 4, Wildridge Subdivision, currently
zoned for four units each, and subdivide this parcel into three duplex sites.
TS Properties, Inc. believes that this will provide zoning that is better suited to the
neighborhood with reduced scale, better contextual relationship, a superior design, reduced
traffic impact to the surrounding neighborhood and increased property values.
This proposal is for the three sites to conform to the duplex lot zoning regulations as they are
specified by the Wildridge P.U.D., with no exceptions.
In asking for this Subdivision, TS Properties, Inc. wishes to amend the Wildridge Planned
Unit Development to reflect the reduction of two (2) dwelling units from the overall density.
Access to the proposed three duplex parcels will be granted through two driveway cuts along
the northern property line to minimize disruption to the property. A common access
easement shall be granted to the center and eastern duplex site.
The enclosed submittal is for approval of Subdivision and Amendment to the Planned Unit
Development only. To help illustrate the impacts to the site, proposed access and massing, a
preliminary site plan and design has been included. Please understand that they may be
subject to change as the designs are refined but will be subject to the standard Planning
review for zoning compliance.
Sincerely,
Andy chifanelli
President
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FROM : JON AND BOBBI SCHWARTZ PHONE NO. : 7243357619 May. 20 2002 10:21RM P2
5110 Longsun Lane
Avon Colorado, 81620
May 19 2002
Planning and Zoning Commission
Town of Avon
PO Box 975
Avon Colorado, 81620
Dear Sirs: Regarding the proposed division of Lots 42 and 43,
Block 4, Wildridge PUD.
At this time I am not taking a position in favor or in opposition
of the proposed subdivision. However I hope and expect the
planning Commission will consider the protection of existing
views at all stages of review of these proposals.
ours tru y,
Jonathan Schwartz M.D.
Cc Andrew L. Spielman
Brownstein,Hyatt and Farber P.C.
21 May 2002
Planning and Zoning Commission
Town of Avon
PO Box 975
Avon, CO 81620
RE: Lots 42 and 43, Block 4, Wildridge (Longsun Lane)
Thank you very much for sending us the notice of the public hearing on this property by mail.
Unfortunately, we cannot attend the meeting tonight in person.
We live on the corner of Longsun Lane and Wildridge Road East, directly across the street from the
proposed development When we purchased our lot in 1992, single family structures were planned
for Lots 42 and 43. With our former neighbor, who subsequently moved out of the neighborhood
because of the planned 4-plex development, we attempted unsuccessfully to purchase the property
from TS Properties, Inc. We are full time residents with two children, ages 7 and 9.
We are grateful that market conditions have forced the developer to abandon plans for the 4-plex
development since other 4-plexes in Wildridge are not selling. We understand that to maximize
profitability, it makes the best financial sense for the developer to rezone the two lots as three so
that 6 units (3 duplexes) rather than 4 (2 duplexes) can be built on this site.
We cannot argue against the developer's legal right to maximize the profitablility of his investment.
We cannot make a strong case for denying the rezoning based on density because the lots are
zoned 4-plex so the developer can revert to his original plans at any time. AH we can ask is that
the Town of Avon consider whether facilitating developers' ability to maximize profit at the
expense of Avon's existin_a neighborhoods is in the best interests of the town and the
uni .
Comm
We object to the rezoning. We would prefer that the two lots remain as delineated and single family
houses or duplexes be built Although it is a difficult argument to make in this valley, MORE is not
always better.
Thank you for your consideration.
Rg pectfully,
vid and Sarah Hymes 4
5100 Longsun Lane, Wildridge RECEIVED
Community Development
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager P
From: Ruth Borne, Director of Community Development
Date May 22, 2002
Re: First Reading of Ordinance 02-12, An Ordinance Amending the Wildridge
PUD for Lots 10 & 11, Block 2, Wildridge Subdivision
Summary
The applicant, Michael Dantas, owns Lots 10 and 11, Block 2 in the Wildridge
Subdivision. He is seeking a PUD amendment in order to create three single family lots
instead of two duplex lots, thus removing one development right from these lots that are
currently zoned for two units (a duplex) each. The applicant has stated that the
proposed single-family lots will be identical to the other single-family lots in Wildridge as
they relate to development standards (building height, lot coverage, setbacks).
The Planning and Zoning Commission recommended approval of this PUD Amendment on
May 21, 2002 with conditions as attached on Planning and Zoning Resolution 02-06.
Accompanying this PUD amendment is an amended final plat, which will create the three
single-family lots and identify the new proposed access easement. The plat will be brought
to Council concurrently with the second reading of Ordinance 02-12.
Additionally, the Planning and Zoning Commission has requested that Council clarify the
Town policy on this type of PUD amendment since it appears- to be a more frequent request
at their meetings.
Recommendation
Staff recommends that the Town Council pass Ordinance 02-12 on first reading, amending
the Wildridge PUD to rezone Lots 10 and 11, Block 2, Wildridge Subdivision, to create three
single-family lots (Lots 10A, 10B, and 10C) and removing one existing development right
from Lots 10 and 11.
Alternatives
1. Approve on First Reading
2. Deny on First Reading
Memo to Town Council, May 28, 2002 Page 1 of 2
Ordinance 02-12, Lots 10 and 11, Block 2, Wildridge PUD Amendment
Proposed Motion
"I move to approve on first reading Ordinance 02-12, approving an amendment to the
Wildridge PUD for Lots 10 & 11, Block 2, Wildridge Subdivision, Town of Avon, Eagle
County, Colorado. "
Town Manager Comments
L?
Attachments:
A. Ordinance 02-12
B. Planning and Zoning Commission Staff Report
C. Planning and Zoning Commission Resolution 02-06
D. Minutes from the May 21, 2002 Planning and Zoning Commission Meeting
Memo to Town Council, May 28, 2002 Page 2 of 2
Ordinance 02-12, Lots 10 and 11, Block 2, Wildridge PUD Amendment
TOWN OF AVON
ORDINANCE NO. 02-12
SERIES OF 2002
AN ORDINANCE APPROVING AN AMENDMENT OF THE
WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR
LOTS 10 AND 11, BLOCK 2, WILDRIDGE SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Mike Dantas has applied to amend the Wildridge PUD to rezone Lots 10
and 11, Block 2, Wildridge Subdivision, to create three single-family lots (Lots 1OA, IOB, and
IOC) and removing one (1) existing development right; 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 May 21, 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:
FACounci1\0rdinances\2002\0rd 02-12 L10,11 B2 WR PUD amendment.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. That the amendment of the Wildridge PUD to rezone Lots 10 and 11, Block 2,
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 Lots 10A, 10B, and 10C, Block 2, 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 to rezone Lots 10 and 11, Block 2, Wildridge
Subdivision, to create three single-family lots (Lots 10A, IOB, and 1OC) and removing one (1)
existing development right is hereby approved with two conditions:
1. The subdivision plat and an updated PUD plan will reflect the following for recording:
a. All easements and setbacks need to be labeled and dimensioned correctly on
proposed lots as follows:
i. Front Setback: 25 feet from O'Neal Spur.
ii. Rear Setback: 10 feet.
iii. Side Setback: 10 feet.
2. 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.
F:\Couucil\Ordinances\2002\Ord 02-12 L10,I1 132 WR PUD amendment.doc
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
ATTEST:
Town Clerk
Mayor
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED the day of
ATTEST:
Town Clerk
2002.
Town of Avon, Colorado
Town Council
Mayor
APPROVED AS TO FORM:
Town Attorney
FACounci1\0rdinances\2002\0rd 02-12 L10,11 B2 WR PUD amendment.doc
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 02-06
SERIES OF 2002
A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF
AVON APPROVAL OF A PUD AMENDMENT TO THE WILDRIDGE PUD FOR LOTS
10 AND 11, BLOCK 2, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, Mike Dantas has applied for an amendment to the Wildridge PUD to create
three single family lots on Lots 10 and 11, Block 2, Wildridge, removing one existing
development right on the lots and changing the designation from duplex to single family;
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 Lots 10 and 11, Block 2, Wildridge PUD, Town of Avon, Eagle
County, Colorado from duplex zoning for four (4) units on Lots 10 and 11 to three (3)
single-family lots on Lots I OA, 1 OB, and 1 OC, eliminating one (1) development right
from Lots 10 and 11 with the following conditions:
1/ The subdivision plat and an updated PUD plan will reflect the following for recording:
a. All easements and setbacks need to be labeled and dimensioned correctly on
proposed lots as follows:
i. Front Setback: 25 feet from O'Neal Spur.
ii. Rear Setback: 10 feet.
iii. Side Setback: 10 feet.
2/ 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 21st DAY OF MAY, 2002
Signed:
Date: S ` Z (4 Z
Date: 5 ^ W - cv2
Staff Report
PUD Amendment VON
C O L O R A D O
May 21, 2002 Planning & Zoning Commission meeting
Report date May 16, 2002
Project type PUD Amendment
Legal description Lots 10 & 11, Block 2, Wildridge Subdivision
Current zoning Both lots currently zoned for duplex
Address 2877 & 2861 O'Neal Spur
Introduction
The applicant, Michael Dantas, is requesting an amendment to the Wildridge PUD zoning of
`duplex' for these two existing lots to three lots zoned for `single-family', resulting in a formal
reduction of one dwelling unit to the PUD zoning. Accompanying this PUD amendment request
is a subdivision plat, which will formally acknowledge the amendment and vacate the existing
lot line to create three new single-family lots and the required access easements.
Attached to this report is a letter outlining the development guide and the merits of the proposal
from the applicant.
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 Goals and Objectives.
Policy A1.3 of the Comprehensive Plan encourages the use of PUDs where it will provide a
benefit to the community and is compatible with surrounding development. It can be argued
that the effective `down-zoning' of these lots to single-family homes is more in character
with the homes that have been constructed in the immediate neighborhood. Though most of
these lots are still zoned for duplex, single-family homes with and without lock off units have
been constructed.
Conversely, the Comprehensive Plan also calls for the inclusion of affordable housing within
the community (Policy C2.2) and it could be argued that each of the single family homes
should have an approved `lock-off unit included, not to be sold separately and restricted in
size. This would effectively increase the density of this proposal over what currently exists
and what is being proposed. Staff can support either option.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lots 10 & 11, Block 2, Wildridgt r'UD Amendment
May 21, 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 application complies with the general design theme of the town and will require final
design approval for each single family home from the Town.
3. Design compatibility with the immediate environment, neighborhood, and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character, and orientation.
The project should comply with the design compatibility of the immediate environment. The
immediate lots surrounding these properties are primarily single-family residences being
built on duplex or single family zoned lots. Each lot is required to apply for final design
approval.
4. Uses, activity, and density provide a compatible, efficient, and workable relationship
with surrounding uses and activity.
The uses and density proposed are compatible with surrounding uses and activity. Forfeiting
one dwelling unit for this combined property will be compatible with surrounding uses.
5. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
No further disturbances or mitigation measures are proposed or required with this
amendment.
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.
This application may provide a higher aesthetic quality since it will eliminate one
development right from Lots 10 and 11. The proposed PUD has only two curb cuts for three
properties, which would likely be required with two duplexes. Project design will require a
separate approval from the Town.
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.
Circulation is not an issue with this amendment.
8. Functional and aesthetic landscaping and open space in order to optimize and preserve
natural features, recreation, views and function.
Final site plan design will require a separate approval from the Town.
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 applicant is proposing individual development of each lot. The Final Plat accompanying
this application will create an access easement for Lot B.
10. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks, and police and fire protection.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lots 10 & 11, Block 2, Wildridgc rIUD Amendment
May 21, 2002 Planning & Zoning Commission meeting Page 3 of 4
Public services are adequate.
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.
This application will not generate additional traffic, and should reduce traffic that could be
generated by an additional dwelling unit.
12. Development Standards
Setbacks:
Front: 25 feet from O'Neal Spur.
Rear: 10 feet.
Side: 10 feet.
Height: 35 foot maximum.
Density: 1 single-family home per lot, for a total of 3 homes.
Site Coverage: 50% maximum.
Landscaping: 25% minimum.
Staff Comments
Staff believes that the reduction of one unit in density and the change from duplex homes to
single family homes will conform to the construction of single-family homes in the immediate
vicinity, including those in Wildridge Acres. Staff would consider recommending further
restrictions on building sizes and specific building envelopes if the applicant was asking for
different development standards (such as setbacks, building height), but since none are being
applied for, staff sees no compelling reason to impose such restrictions on each lot as proposed.
Staff Recommendation
I move to approve Resolution 02-06 recommending to the Town Council approval of the
application for an amendment to Lots 10 and 11, Block 2, Wildridge PUD, Town of Avon, Eagle
County, Colorado from duplex zoning for four (4) units on Lots 10 and 11 to three (3) single-
family lots on Lots IOA, IOB, and IOC, eliminating one (1) development right from Lots 10 and
11 with the following conditions:
The subdivision plat and an updated PUD plan will reflect the following for recording:
a. All easements and setbacks need to be labeled and dimensioned correctly on
proposed lots as follows:
Front Setback: 25 feet from O'Neal Spur.
ii. Rear Setback: 10 feet.
iii. Side Setback: 10 feet.
2. 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.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lots 10 & 11, Block 2, WildridgG PUD Amendment
May 21, 2002 Planning & Zoning Commission meeting Page 4 of 4
Recommended Motion
Approve Resolution 02-06, recommending to the Town Council to approve the PUD
Amendment for Lots 10 and 11, Block 2, Wildridge PUD, Town of Avon, Eagle County,
Colorado from duplex zoning for four (4) units on Lots 10 and 11 to three (3) single-family lots
on Lots l OA, I OB, and 1 OC, eliminating one (1) development right from Lots 10 and 11 with the
following conditions:
1/ The subdivision plat and an updated PUD plan will reflect the following for recording:
a. All easements and setbacks need to be labeled and dimensioned correctly on
proposed lots as follows:
i. Front Setback: 25 feet from O'Neal Spur.
ii. Rear Setback: 10 feet.
iii. Side Setback: 10 feet.
2/ 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-
4002, or stop by the Community Development Department.
Respectfully submitted,
Tambi Katieb, AICP
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
COVER SHEET
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Kn ?/] t9x. YG H
SITE
W I L D R I D G E SUBDIVISION: BLOCKSI -5
r]S ?„ Cdt YG ]]
LAND USE SUMMARY TA BLE:
CURRENT ZONING Duplex
CURRENT MAXIMUM NUMBER
OF DWELLING UNITS 4
PROPOSED ZONING Single FornIIF
PROPOSED MAXIMIUM NUMBER
OF DWELLING UNITS 3
BUILDNG NOGNT (ft.)
ALLOWED 35
POTENTIAL LAND USE
OFF STREET PARKING
UNIT:A-
g
IT B
UN 6
UNIT 'C' 7
GARAGE PARKING AVAILABLE
UNIT *A* 3
UNiT '8' 3
UNIT 'C' 1
SURFACE PARKING AVAILABLE
UNIT 'A' 3
UNIT 'B' 3
UNIT 'C' 4
TOTAL SIZE AREA (TSA), sq. ft 60,469
EXISTING SITE > 40% SLOPE
AREA (sq, ft.) 10,886
% TSA 160%
BUILDING LOT COVERAGE
AREA (sq. IL) 6,389
% TSA 10.6%
SITE LANDSCAPED
AREA (sq. ft.) 27,375
9 7u
45.3%
PAVED SURFACE
AREA (sq. ft,) 9,272
% TSA 15.3%
SNOW STORAGE
AREA (sq. ft.) 9,615
% of Pored Areo IC6.9%
VICINITY MAP
1'-500 Fr
MARCIN P.U.D.
LOTS 47 AND 48, BLOCK 1
WILDRIDGE SUBDIVISION
TOWN OF AVON COLORADO
APr®ved
"ay the Town of Avon
Planning and Zoning
Coin i e on i-zW,02
l3w,"kI ? c??
kith the following
7
SHEET INDEX
COVER SHEET
TOPOGRAPHIC SURVEY
POSSIBLE PLAT
SITE PLAN
SHEET 1
SHEET 2
SHEET 3
SHEET 4
T"
tiV1
DATE: AO 30,20M
LOT 34
LOT 35
FOUND 1'
RAW cw
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TOPOGRAPHIC MAP
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WILDRIDGE SUBDIVISION
SHEET
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GRAPHIC SCALE
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NOTICE: According to Colorado law you MUST
cwamence any legal action based upon any
defect in this survey within three years after you
first discover such defect. In no event, may any
action based upon any defect in this survey be
commenced more than ten years from the dote
of certification shown hereon.
MARCIN ENGINEERING LLC
ENGINEERS AND SURVEYORS
P.O. BOX 1062
AVON, CO 81620
(970) 748-0274 FAX (970) 748-9021
r.
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LOT 34
LOT 35
/ \ \ \ \ \\ - - - ^.a ??1`I AREA (TTP) I - I POSSIBLE
lm)
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h \ \ \ ?? _ I I J, PROPOSED EDGE
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183,61 55D10'38? /ENVELOP (ml I `wOPQSED BKOING
LOT 49 38.BA' S3D'16'SB? ?a I i I ENVELOP (Tro)
"IT A
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GRAPHIC SCALE
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JOB f DID12
DAIS APRIL A 2002
SHEET
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GRAPHIC SCALE
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GENERAL NOTES•
1. The Contractor shay provide erosion control in conlormonce with BM Manogemnt
practices.
2. TM Construction BnR e• is the contract limit IW. Do mat dsturb my esistng
tress, or vegetation designated to remain w located outside of the cmatruct'en limit
line +itha A cpprmal of the Owner and the Town of Avon.
3. Contractor to wdfy, seislhg site information, including structures, utilities, property
IWs, Imils, of raadwoys, and ",be and guiles, that may effect the scope of work
prior to beglinhg site construction.
4. Esiting utilities are indicated for Information only and not nlnded to show ..act
location. The Engnesr is not responsible for the location of undo groum ut1R'rs or
structwes or not elewn or detailed and nNdsd by any other contract. The
Contractor nag lo=ots ON utilities and maintain or location during all phosee of the
work. Contractor shag be nsporoble far my donoge to utilities or elruclures and any
njrrke therefrom. Restoration of any ulRflfes drooped by the Contractor shall be at
the Contractors espen.e to the sati foctlon of the Cwnr.
5. Conform to Eoye River Water and Smitation District specification far -tor and
wrier cmetruction. Maintain 10 feel minimum separation Wwoon water and sorer
mMrydnd serlite pipe Mantah sown feel minimum cave at underground water
eeMcs. Sewn service *half how minimum cawr of Y-5'. Provide weer clew out
with location to be reviewed by the Enghee.
Cenral Contractor to prorloe revhg Molrg proposed utility r
srie. conneclians
fr the Engneen min prior to construction.
7. Rood as, and my other cmeWctlon in rood right-of-ray nag cmform with
Eogfe County and the Town of Avon.
Q AN Compoctlon Moll be in oacrdonce with the Sage Report Prepared by the
GeolecMna Englnerhg
9. Praide written notification ofd discrepancies between nistig and proposed site
10, contractor(.) may take an -wry steps an required to property protect and
maintain his work far the duration of this contract.
11. These rornge do not specify safety Materials, equipment, methods or mquenchg,
to golect preen rep proprt} It sham be the Contractof. sole rupone0lfity, to
diesel and nglement es ty aperotims and procedures to protect the Owner, other
Contractors, the public etl others,
12 M work roll canpty RRh ag applicable coil and ardnanees,
11 Controctr(w) eel employ a Boreed surveyor to establish all work fines.
14. Cmtroetr(.) shd stake out as w o* ncludnq walks, p=imento, waly Iwos and
foray and shag aglaM the apprard d the Architect pair to proceeding with the writ
ti Notes and details m spwiE< rwhge take p-odnde deer general notes and
typical details -
10. Conflict. or alscrepdnties with grades whale be breupM to the attention of the
Armitsd immediately and prior to prccsedng with rule
17. AN finished gmese ehaR p-id. far natural runoff d +atr without la spots or
packets. Set lbw lines oocuralely and pr4vitle a mnkrwn 2.51
gradient -lass otherwise noted
t6 Greerdy rourd off top. md'I es of N planted elopes, uwses shown othw oi.. in
grading detolk
fA Grade away from as bukdnps at o minimum slope 61 101
unpaved r.a and minimum dope of 21
20. Clean & MCI be prow for ag changes in line and/or grode far the
wmkry sewer service.
NOT FOR CONSTRUCTION
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JOB R 01012
DATE: APRIL 30. 2002
SHEET
4
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD MAY 14, 2002
A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400
Benchmark Road, Avon, Colorado in the Council Chambers
Mayor Judy Yoder called the meeting to order at 5:30 PM. A roll call was taken with Councilors
Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt, and Mayor Protem Buz
Reynolds present. Rick Cuny was absent. Also present were Town Manager Bill Efting,
Assistant Town Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Patty
McKenny, Human Resource Director Jacquie Halburnt, Town Engineer Norm Wood, Recreation
Director Meryl Jacobs, Public Works Supervisor Paul Lowe, Transit Director Harry Taylor,
Comm. Dev. Director Ruth Borne, as well as members of the press and public.
Citizen Input
Joyce Mack was present to ask for support in her bid to run for Eagle County Assessor. The
primary election is August 13tH
Andrew Karrow was present to ask for support in his bid to run the for Board of Directors for
Holy Cross Energy. The mail ballots are mailed to Holy Cross members on May 17th with the
results being tabulated at the annual meeting on June 7th .
Ordinances
Town Attorney John Dunn presented Ordinance No. 02-06 for second reading. He noted there
were no changes since first reading on the 14th of May. Mayor Yoder opened the public hearing
asking for any public comments. No comments being heard, the hearing was closed.
Councilor D. Buckley moved to approve Ordinance No. 02-06, Series 2002 on second reading,
an Ordinance Amending Title 3 of the Municipal Code of the Town of Avon relating to Tax
Credits within the Village (At Avon). Councilor Brown seconded the motion and it passed
unanimously by the members present (Cuny absent).
Town Attorney John Dunn presented Ordinance No. 02-07, Series 2002 for second reading
indicating that no changes had taken place since first reading. Mayor Yoder opened the public
hearing asking for any public comments. No comments being heard, the hearing was closed.
Councilor Brown moved to approve Ordinance No. 02-07 on second reading, an Ordinance
amending Chapter 12 of Title 3 of the Municipal Code of the Town of Avon relating to forms for
application for exemptions from the Real Estate Transfer Tax. Councilor D. Buckley seconded
the motion and it passed unanimously by the members present (Cuny absent).
Town Manager Report
Efting reminded the Council of his vacation time during the week of May 28th
Town Attorney Report
John Dunn informed the Council and general public that his office is closing in Vail and
relocating to Avon next week.
Mayors Report
Mayor Yoder noted that a meeting regarding the Village At Avon took place earlier that day and
a model of the project would be in the Town Council Chambers until May 21't. She encouraged
the public to come view the project of the two new retailers coming to Avon, i.e. Wa1Mart &
Home Depot. A hotline number for the project has been set-up and anyone with questions or
comments about the project should call .(970) 748-4994.
Other Business
Councilor P. Buckley informed the public that a U.S. Postmaster, Frank Schuster from Illinois,
has been permanently assigned to the Avon Post Office. He will be meeting with the Postmaster
to discuss two items, the deployment of additional collection boxes and home delivery in Avon.
Consent Agenda
a) Approval of the April 23, 2002 Council Meeting Minutes
b) Metcalf Drainage - Change Orders #2 and #3
C) Metcalf Drainage - Change Order #4
d) Avon Recreation Center Refurbishment of the Locker and Changing Room Project,
Change Order #2
e) East Avon Access & Circulation Streetscape Improvements, Change Order #1
f) Turner Collie & Braden, Inc., Proposal for Construction Observation, the Village
(at Avon), Filing 2
g) Intergovernmental Agreement for Transportation Services between Beaver Creek Metro
District and Town of Avon
h) Resolution No. 02-23 Series 2002, Approving the Final Plat, A Resubdivision of Lot 75,
Block 4, Wildridge, Town of Avon, Eagle County, Colorado
i) Resolution No. 02-24 - Series 2002, Approving the Final Plat, A Resubdivision Lot 69,
Block 1 Wildridge, Town of Avon, Eagle County, Colorado
j) Resolution No. 02-25, Series 2002, A Resolution Accepting All Title And Interest In Lot
38, Block 1, Benchmark At Beaver Creek Subdivision (Barrancas Pud), Town Of Avon,
Colorado
Regular Council Meeting Page 2 of 3
May 14, 2002
k) Resolution No. 02-26, Series 2002, Amending Exhibit B of the Subdivision
Improvements Agreement for the Village (at Avon) Filing 2, Town of Avon, Eagle
County, Colorado
Mayor Yoder asked for a motion on the Consent Agenda. Councilor P. Buckley moved to
approve the Consent Agenda. Councilor Brown seconded the motion. The motion was carried
unanimously. (Cuny absent)
There being no further business to come before the Council, Councilor D. Buckley moved to
adjourn the meeting. Councilor Brown seconded the motion. The meeting adjourned at 6 PM.
RESPECTFULLY SUBMITTED:
Patty Bierle-McKenny, Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Rick Cuny
Mac McDevitt
Buz Reynolds
Judy Yoder
Regular Council Meeting
May 14, 2002
Page 3 of 3
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Norman Wood, Town Engineer
Anne Martens, Assistant Town Engineer 9,01,
Date: May 21, 2002
Re: Metcalf Gulch Lower Drainage Improvements
Change Order Number 5
Summary: Attached Change Order 5 for the Metcalf Gulch Lower
Drainage Improvements represents minor changes required to address pipe modifications
and restoration of the disturbed areas. The pipe modifications in Change Order Number 5
include grout filling the existing 24" RCP under the railroad bed and deletion of cleaning
and extending the existing 24" RCP under the railroad bed. These changes were necessary
because the existing 24" RCP was too close to the rail bed and the UPRR flagman
prohibited access. Change Order Number 5 also includes additional restoration of
disturbed areas. The cost of the Change Order is to decrease the contract amount by
$4837.50. The net effect of this Change Order is to decrease the Contract Amount from $
562,080.76 to $ 557,243.26.
Construction Contract
Change Order No. 1
Change Order No. 2
Change Order No. 3
Change Order No. 4
Change Order No. 5
Approved Project Budget
$552,000
Design
Easements & Right-of-Way
Contract Administration / Testing
Administration & Permits
Contingency (10%)
Total Construction Budget
$ 50,000
$ 5,000
$ 25,000
$ 8,000
$ 60,000
$700,000
Project Costs
$ 552,000
$ 1,852
$ 1,875
$ 3,200
$ 3,227
($ 4,837)
$ 50,000
$ 5,000
$ 25,000
$ 15,000
$ 47,683
$ 700,000
I:\Engineering\CIP\Stormwater Metcalf-1\4.0 Construction Docs\4.5 Change Orders\CO No 5 Meino.Doc
Approval of Change Order 5 to the Site Resources Management, Inc. contract for
construction of the Metcalf Gulch Lower Drainage Improvements is recommended,
decreasing the Contract amount $ 4,837.50 from $ 562,080.76 to $ 557,243.26.
Recommendations: Approve Change Order 5 to the Site Resources
Management, Inc. contract for construction of the Metcalf Gulch Lower Drainage
Improvements, decreasing the Contract amount $ 4,837.50 from $ 562,080.76 to
$ 557,243.26
Town Mana er Comments:
o10
I:\Engineering\CIP\Stormwater Metcalf-I\4.0 Construction Docs\4.5 Change Orders\CO No 5 Memo.Doc 2
CHANGE ORDER
Order No.: 5
Date: 05-16-02
Agreement Date: _11-27-01
NAME OF PROJECT: Metcalf Gulch Lower Drainage Improvements
OWNER: Town of Avon
CONTRACTOR: -Site Resource Management Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS: Modify the
payment Schedule as follows: Replace line item 1.8 on the Payment Schedule with "Grout fill
Extg. 24" RCP under Rail Bed, complete in place, Quantity 5, Units C.Y., Unit Price $172.50,
Total Cost $862.50". Deduct "Clean out Extg. 24" RCP under Rail Bed (1 L.S., $1400.00)" and
delete "item 4.9, New Type 111 24" RCP, "O" Rings, and (2)-45 Degree Elbows (62 L.F. at
$125.00/L.F. for a total of $7,750.00)". Add line item 5.7 b. Seed and Mulch (disturbed areas
other than channel and temporary access roads), complete in place, Quantity 34,500, Units S.F.,
Unit Price $0.10, Total Cost $3,450.00. With the latter, seed will be applied at a rate of 35
pounds/acre (instead of 20-25 pounds/acre as specified) at no further cost to the Town of Avon.
Justification: The existing 24" RCP was too close to the rail bed and the UPRR flagman
prohibited access. Disturbed areas (outside channel and temp. access) were not in Bid Schedule.
Change to CONTRACT PRICE: $ -4,837.50
Original CONTRACT PRICE: $ 551,926.82
Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 562,080.76
The CONTRACT PRICE due to this CHANGE ORDER will be decreased by
$_4,837.50
The new CONTRACT PRICE including this CHANGE ORDER will be $_557,243.26
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased)(decreased) by 0 calendar days.
The date for completion of all work will be
APPROVALS REQUIRED:
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved by Owner:
10-11-02
(Date).
Federal Agency Approval (where applicable):
CO-5
Memo
To: Honorable Mayor and Town Council
Thru: Bill Elting, Town Manager
From:Norm Wood, Town En '
Anne Martens, Engineer I
Date: May 23, 2002
Re: Eagle River Recreation Path II - Design Services Revisions and Contract
Administration
Summary: Peale Land Consultants, Inc. has submitted the attached Proposal for additional
design services for plan revisions and contract management for the Eagle River Recreation
Path II Project. These services include revising the construction drawings and contract
documents resulting from minor modification. These services also include construction
management, which was part of the previous scope of services but was revised due to
constriction being delayed a year.
Peak Land Consultants, Inc. has submitted a proposal for these services for the amount of
$10,800.00. This amount is within the 2002 Revised Project Budget and approval of the
proposal is recommended.
Recommendations: Approve Peak Land Consultants, Inc. Proposal for additional
engineering design services and construction management for the Eagle River Recreation Path
II Project for the amount of $10,800.00.
I:\Engineering\CIP\Eagle River Rec II\2.0 Contract Services\2.2 Design (Eng)\2.2.3 Service Contract\Peak Additional Service
Award Menno.doc
EXHIBIT A
Town of Avon, Pedestrian Path Construction Services
Civil Engineering, Structural, and Surveying Fees
Peak Civil Engineering, Inc, May 1, 2002
Structural Wall Services - KRM Consultants
1 Design Revisions to Structural Plans
2 Meld Review and Observation
Total Structural Design Costs
hm 1
3 Design Revisions to Civil Plans and Bid Documents
4 Assist in Bid Process and Review - Peak Civil Engineering
Construction Management - Peak Civil Engineering
5 Field Review and Observation
0 Materials Submittal Review
7 Change Order Review
8 Request for Payment Review
9 CertifK ate of Completion Review
Total Construction Management Costs
Tote! Costs
$ 700
$ 1,400
S 100
12 $ 65 s 1,020
8 $ 85L$- s91
36 $ 105 $ 3,760
8 $ as $ 680
8 $ 85 $ 680
16 $ 8s $ 1,360
12 $ 105 $ 1,260
$ 7 780
10,$
PEAK LAND CONSULTANTS, iNC. 970476.8644 - FAX 97047"616 - i000 uONY FaDGE LOOP - VAC CO 81657
PEAK LANE) SURVEYING, INC. / PEAK CIVIL ENGINEERING, INC. 970-726,3232 - Fax 970.7264343 - 78436 US HWY 40. P.O. 8OX 1680 - WMTEA PARK CO 004$2
Exhibit B
Town of Avon Pedestrian Path - Scope of Services Description
West Beaver Creek Blvd_ to the Confluence Site, Town of Avon
Below are specific assumptions, inclusions and exclusions from the services to be provided for
the Town of Avon Bike Patlf. The number of each corresponds to the item number on Exhibit A
- Town of Avon, Pedestrian Path Construction Services, dated May 1, 2002.
1. Includ= railing revisions and other minor revisions to plans.
2. Includes 3 site visits with written report and 6 hours construction services, provided by KRM
Consultants, Inc.
3. Includes minor design revisions and changes to bid documents.
4. Includes pre-bid site walk, review of bids, and recommendations.
5. Includes 3 hours/week of field observation and construction review. Assumes a 12 week
construction period.
6. Review and approval of materials submitted by contractor.
7. Review and recommendations for any change orders submitted by contractor.
8. Review and recommendations for payment application-
9. Includes punchlist and Final Certificate of Completion.
PEAK LAND CONSULTANTS, INC. 97047641644 -FAX 9704768616 - 1000 UON'S MIDGE LOOP - V A I L C O S 1657
PEAK LAND SURVEYING, INC. / PEAK CIVIL ENG+NFFR?NG. INC. 410-126-3M - FAX 970.7264343 - 79436 US HWY 40. P.O. BOX 1600 - WINTER PARK CO 90482
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VICINITY MAP
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CURRENT ZONING Duplex
CURRENT MAXIMUM NUMBER
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PROPOSED ZONING Single Foi
PROPOSED MAXIMUM NUMBER
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BUILDING HEIGHT (tt.)
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POTENTIAL LAND USE
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UNIT 'B' S
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UNIT "B' 3
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% TSA 7.5%
SITE LANDSCAPED
AREA (sq. ft.) 21,190
% TSA 24.3%
PAVED SURFACE
AREA (mi. %,) 5,497
% TSA 7.6%
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TOWN OF AVON, COLORADO
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Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager '7"e_-
From: Ruth Borne, Director of Community Development
Date May 22, 2002
Re: First Reading of Ordinance 02-13, An Ordinance Amending the Wildridge
PUD for Lots 47 & 48, Block 1, Wildridge Subdivision
Summary
The applicants Tom Marcin and Michael Dantas own Lots 47 and 48, Block 1 in the
Wildridge Subdivision. They are seeking a PUD amendment in order to create three
single family lots instead of two duplex lots, thus removing one development right from
these lots that are currently zoned for two units (a duplex) each. The applicant has
stated that the proposed single-family lots will be identical to the other single-family lots
in Wildridge as they relate to development standards (building height, lot coverage,
setbacks). They are also proposing using one access point for all three lots.
The Planning and Zoning Commission recommended approval of this PUD Amendment on
May 21, 2002 with conditions as attached on Planning and Zoning Resolution 02-07.
Accompanying this PUD amendment is an amended final plat, which will create the three
single-family lots and identify the new proposed access easement. The plat will be brought
to Council concurrently with the second reading of Ordinance 02-13.
Additionally, the Planning and Zoning Commission has requested that Council clarify the
Town policy on this type of PUD amendment since it appears to be a more frequent request
at their meetings.
Recommendation
Staff recommends that the Town Council pass Ordinance 02-13 on first reading, amending
the Wildridge PUD to rezone Lots 47 and 48, Block 1, Wildridge Subdivision, to create three
single-family lots (Lots 47A, 47B, and 47C) and removing one existing development right
from Lots 47 and 48.
Alternatives
1. Approve on First Reading
2. Deny on First Reading
Memo to Town Council, May 28, 2002 Page 1 of 2
Ordinance 02-13, Lots 47 and 48, Block 1, Wildridge PUD Amendment
Proposed Motion
"I move to approve on first reading Ordinance 02-13, approving an amendment to the
Wildridge PUD for Lots 47 & 48, Block 1, Wildridge Subdivision, Town of Avon, Eagle
County, Colorado. "
Town Manager Comments
Cam,'' c a/
Attachments:
A. Ordinance 02-13
B. Planning and Zoning Commission Staff Report
C. Planning and Zoning Commission Resolution 02-07
D. Minutes from the May 21, 2002 Planning and Zoning Commission Meeting
Memo to Town Council, May 28, 2002 Page 2 of 2
Ordinance 02-13, Lots 47 and 48, Block 1, Wildridge PUD Amendment
TOWN OF AVON
ORDINANCE NO. 02-13
SERIES OF 2002
AN ORDINANCE APPROVING AN AMENDMENT OF THE
WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR
LOTS 47 AND 48, BLOCK 1, WILDRIDGE SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Tom Marcin and Mike Dantas have applied to amend the Wildridge PUD
to rezone Lots 47 and 48, Block 1, Wildridge Subdivision, to create three single-family lots (Lots
IOA, IOB, and IOC) and removing one (1) existing development right; 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 May 21, 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:
FACounci1\0rdinances\2002\0rd 02-13 L47,48 131 WR PUD amendment.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. That the amendment of the Wildridge PUD to rezone Lots 47 and 48, Block 1,
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 Lots 47A, 47B, and 47C, Block 1, 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 PLTD to rezone Lots 47 and 48, Block 1, Wildridge
Subdivision, to create three single-family lots (Lots 47A, 47B, and 47C) and removing one (1)
existing development right is hereby approved with one condition:
1. Except as otherwise modified by this permit approval, all material representations made
by the applicant or applicant representative(s) in this application and in public hearing(s)
shall be adhered to and considered binding conditions of approval.
F:\Counci1\0rdinances\2002\0rd 02-13 L47,48 BI WR PUD amendment.doc
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 92002.
Town of Avon, Colorado
Town Council
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
F:\Counci1\0rdinances\2002\0rd 02-13 L47,48 B1 WR PUD amendment.doc
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 02-07
SERIES OF 2002
A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF
AVON APPROVAL OF A PUD AMENDMENT TO THE WILDRIDGE PUD FOR LOTS
47 AND 48, BLOCK 1, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, Tom Marcin and Mike Dantas have applied for an amendment to the Wildridge
PUD to create three single family lots on Lots 47 and 48, Block 1, Wildridge, removing
one existing development right on the lots and changing the designation from duplex to
single family; 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 Lots 47 and 48, Block 1, Wildridge PUD, Town of Avon, Eagle
County, Colorado from duplex zoning for four (4) units on Lots 47 and 48 to three (3)
single-family lots on Lots 47A, 47B, and 47C, eliminating one (1) development right
from Lots 47 and 48 with the following conditions:
1/ Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in
public hearing(s) shall be adhered to and considered binding conditions of
approval.
ADOPTED THIS 21st DAY OF MAY, 2002
Signed:
Chris Evans, C an
Date: ?-(z (LI Z
Date: !5-• Z/ - C) 0
Secretary
Staff Report ??7
PUD Amendment Avo N
C O L O R A D O
May 21, 2002 Planning & Zoning Commission meeting
Report date May 16, 2002
Project type PUD Amendment
Legal description Lots 47 & 48, Block 1, Wildridge Subdivision
Current zoning Both lots zoned for duplex
Address 2420 & 2430 Saddle Ridge Loop
Introduction
The applicants, Tom Marcin and Michael Dantas, are requesting an amendment to the Wildridge
PUD zoning of `duplex' for these two existing lots to three lots zoned for `single-family',
resulting in a formal reduction of one dwelling unit to the PUD zoning. Accompanying this
PUD amendment request is a subdivision plat, which will formally acknowledge the amendment
and vacate the existing lot line to create three new single-family lots and the required access
easement.
Lot 48 received a final design approval in September 2001 for the construction of a duplex. The
access to the duplex in the approved design plans is now being proposed to serve the three new
single-family homes. Attached to this report is a letter outlining the development guide and the
merits of the proposal from the applicants.
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.
Policy A1.3 of the Comprehensive Plan encourages the use of PUDs where it will provide a
benefit to the community and is compatible with surrounding development. Though most of
the lots in the immediate vicinity are zoned for multifamily and duplex, single family homes
with and without lock off units have been constructed in the area. Additionally, the
elimination of an additional driveway along Saddle Ridge Loop to access Lot 47 appears to
be a benefit to the Town.
Conversely, the Comprehensive Plan also calls for the inclusion of affordable housing within
the community (Policy C2.2) and it could be argued that each of the single family homes
should have an approved `lock-off unit included, not to be sold separately and restricted in
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 47& 48, Block 1, Wildridge oubdivision, PUD Amendment
May 21, 2002 Planning & Zoning Commission meeting Page 2 of 4
size. This would effectively increase the density of this proposal over what currently exists
and what is being proposed. Staff can support either option.
2. Conformity and compliance with the overall design theme of the Town, the sub-area
design recommendations and design guidelines of the Town.
The application complies with the general design theme of the Town and will require final
design approval for each single-family home from the Town.
3. Design compatibility with the immediate environment, neighborhood, and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character, and orientation.
The project should comply with the design compatibility of the immediate environment. The
immediate lots surrounding these properties are a combination of single family and duplex
homes. Each lot is required to apply for final design approval.
4. Uses, activity, and density provide a compatible, efficient, and workable relationship
with surrounding uses and activity.
The uses and density proposed are compatible with surrounding uses and activity. Changing
the use of the property from duplex to single family should be compatible with surrounding
uses, and the use of one access for all three lots is an efficient solution.
5. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
No further disturbances or mitigation measures are proposed or required with this
amendment.
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.
This application may provide a higher aesthetic quality since it will eliminate one
development right from Lots 47 and 48, however, it will add one separate structure. The
proposed PUD has only one curb cut for three properties, which appears to be an efficient
solution for access. Project design will require a separate approval from the Town.
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.
Circulation is not an issue with this amendment. Traffic and access issues are minimized
through the use of one access point for all three lots.
8. Functional and aesthetic landscaping and open space in order to optimize and preserve
natural features, recreation, views and function.
Final site and architectural design will require separate approvals from the Town.
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 47& 48, Block 1, Wildridge oubdivision, PUD Amendment
May 21, 2002 Planning & Zoning Commission meeting Page 3 of 4
The applicant is proposing that the driveway and utility extensions will be constructed as
phase one of the PUD, with the development of the residences being individually done. The
Final Plat accompanying this application will create an access easement for Lots B and C
through Lot A. The extensive use of retaining walls is anticipated to create an access drive
for these lots, regardless of whether or not duplexes or single family homes are constructed.
10. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks, and police and fire protection.
Public services are adequate.
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.
This application will not generate additional traffic and should reduce potential traffic and an
additional road cut through the elimination one development right for the lot and the use of
one access drive for all three homes.
12. Development Standards
Setbacks:
Front: 25 feet from Saddle Ridge Loop.
Rear: 10 feet.
Side: 10 feet.
Height: 35 foot maximum.
Density: 1 single-family home per lot, for a total of 3 homes.
Site Coverage: 50% maximum.
Landscaping: 25% minimum.
Staff Comments
Staff believes that the reduction of one unit in density and the change from duplex homes to
single family homes will generally conform to the construction of single-family homes in the
immediate vicinity. There will be one more independent structure on site, but the massing of
each structure will likely be smaller than two duplexes because of the new lot constraints.
Additionally, the use of one access drive for all three homes appears to be an efficient solution
considering the grades encountered from Saddleridge Loop.
Staff would consider recommending further restrictions on building sizes and specific building
envelopes if the applicant was asking for different development standards (such as setbacks,
building height), but since none are being applied for, staff sees no compelling reason to impose
such restrictions on each lot as proposed.
Staff Recommendation
I move to approve Resolution 02-07 recommending to the Town Council approval of the
application for an amendment to Lot 47 and 48, Block 1, Wildridge PUD, Town of Avon, Eagle
County, Colorado from duplex zoning for four (4) units on Lots 47 and 48 to three (3) single-
family lots on Lots 47A, 47B, and 47C, eliminating one (1) development right from Lots 47 and
48 with the following conditions:
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 47& 48, Block 1, Wildridge oubdivision, PUD Amendment
May 21, 2002 Planning & Zoning Commission meeting Page 4 of 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.
Recommended Motion
Approve Resolution 02-07, recommending to the Town Council to approve the PUD
Amendment for Lots 47 and 48, Block 1, Wildridge PUD, Town of Avon, Eagle County,
Colorado from duplex zoning for four (4) units on Lots 47 and 48 to three (3) single-family lots
on Lots 47A, 47B, and 47C, eliminating one (1) development right from Lots 47 and 48 with the
following conditions:
1. Except as otherwise modified by this permit approval, all material representations made
by the applicant or applicant representative(s) in this application and in public hearing(s)
shall be adhered to and considered binding conditions of approval.
If you have any questions regarding this project or any planning matter, please call me at 748-
4002, or stop by the Community Development Department.
Respectfully submitted
Tambi Katieb, AICP
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
VICINITY MAP
EXET. RETANtNG
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