TC Council Packet 06-11-2002Town Council Meetings
Roll Call Check Sheet
Date: L? ? ?? I -
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
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
Staff Present:
?
? Bill Efting Jeff Layman
? Larry Brooks ? Norm Wood
? John Dunn Meryl Jacobs
? Patty McKenny Bob Reed
v- Jacquie Halburnt Harry Taylor
J Scott Wright
Ruth Borne
Other Staff
I:\Town Clerk\Council\Packets\Council Meeting Check List.doc
To: Honorable Mayor and Town Council
From: Bill Efting, Town Manager "5/1
Date: June 5, 2002
Re: Manager's Update
Attached is your last look at our Visitor Information Map produced by Sign On.
Please review and notify Jacquie Halburnt of any final suggestions.
2. With the appointment of Brian Sipes to the Town Council it creates a vacancy on
the Planning and Zoning Commission. When we interviewed last month we had
an individual which was a very close second in the selection process, you have the
ability to appoint that individual. You also have the ability to start the selection
process from the beginning.
3. Staff is being questioned daily concerning the 4"' of July Fireworks. At this time
we are still plamling on this event. As we get closer to the 4th and monitor what
the Governor is planning concerning fireworks we will keep you posted.
4. Remember that the Community Picnic will take place Tuesday, July 16th at
Nottingham Park.
5. Ok, here is a new one. A time capsule was planted 20 years ago at the
Benchmark Building (Boat Building) and is scheduled to be open on Thursday,
August 8th. We will be planning a celebration that day at approximately 4:00 .
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, WILL BE HELD JUNE 11, 2002, AT 4:00 PM IN THE
MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE
PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING:
4:15 PM - 4:30 PM 1) A.J. Johnson, Eagle County Sheriff, Crime Task
Force Grant (Jeff Layman)
4:30 PM - 5:00 PM 3) Budget Discussion (Elting/Wright)
5:00 PM - 5:15 PM 4) Nottingham Road Traffic (Norm Wood)
5:15 PM - 5:30 PM 6) Staff Updates
Consent Agenda Questions
Council Committee Updates
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL
THIS MEETING IS OPEN TO THE PUBLIC
TOWN OF AVON, COLORADO
BY: P"' C "
Jerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JUNE 7, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
1ATown Clerk\Council\Agendas & Worksessions\Agenda-Worksession.doc
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager - -
From: Scott Wright, Finance Director
Date: June 6, 2002
Re: Worksession Discussion
Summary:
On Tuesday, staff will present to Council recommendations for offsetting the projected decrease in
sales tax revenues and reducing the amount of deficit spending for the 2002 fiscal year.
In addition, staff will present a proposed calendar for the 2003 budget preparation process, discuss
sales tax migration issues related to the Village, and review more detailed information previously
discussed regarding fare boxes for Town buses and ideas for dedicated revenue sources for transit.
Finally, staff would like to review with Council the contractual provisions governing the Town's
performance of municipal services for the Village and the process for charging the Village for those
services provided.
Town Manager Comments: I
St; 11 wo v kk .1,3 O 'l 1 _l ? "S , w. 1I 1
Page 1
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
June 11, 2002 - 5:30 PM
1. Call to Order / Roll Call
2. Swear-In New Council Member Brian Sipes
3. Citizen Input
4. Ordinances
a) Second 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) Second Reading Of Ordinance No. 02-11, Series 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. (Tambi
Katieb)
C) Second Reading Of Ordinance No. 02-12, Series 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. (Tambi Katieb)
d) Second Reading Of Ordinance No. 02-13, Series 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. (Tambi
Katieb)
5. Resolutions
6. Unfinished Business
7. New Business
8. Town Manager Report
IATown Clerk\CounciAAgendas & Worksessions\Agenda-Reg lar Meetingdoc
9. Town Attorney Report
10. Mayor Report
11. Other Business
12. Consent Agenda
a) Approval of the May 28, 2002 Council Meeting Minutes
b) Salute Band Contract between Rock Your World and Town of Avon, 2002
C) Salute Band Contract between Hazel Miller and Town of Avon, 2002
d) Salute Band Contract between Little Blue and Town of Avon, 2002
e) East Avon, Change Order #2 and #3
f) East Avon, Change Order #4
g) East Avon, Change Order #5
h) The Village (atAvon Filing 2) - Escrow Agreement Buffalo Ridge I&II
i) Turner Collie & Braden, Inc. Construction Observation Proposal - the Village (at
Avon) Filing 1
j) Eagle River Recreation Path II - Award Construction Contract
k) Field Service Terrason - East Avon Street Improvement
1) Resolution No. 02-29, Series 2002 - A Resolution approving the Final Plat, a
Resubdivision of Lot 42 and Lot 43, Block 4, Wildridge Subdivision, Town Of
Avon, Eagle County, Colorado.
m) Resolution No. 02-30, Series 2002 - A Resolution approving the Final Plat, a
Resubdivision of Lot 10 and Lot 11, Block 2, Wildridge Subdivision, Town Of
Avon, Eagle County, Colorado.
n) Resolution No. 02-31, Series 2002 - A Resolution approving the Final Plat, a
Resubdivision of Lot 47 and Lot 48, Block 1, Wildridge Subdivision, Town Of
Avon, Eagle County, Colorado.
o) Resolution No. 02-32, Series 2002, a Resolution amending the Master Deed
Restriction Agreement for Lot C PUD ("Mountain Vista Resort "), Avon Center
at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado
13. Adjournment
IATown Clerk\Council\Agendas & Worksessions\Agenda-Regiilar Meeting doc
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 11TH DAY OF JUNE 2002,
AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-08, SERIES OF 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.
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and
may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 7th day of June, 2002.
TOWN OF AVON, COLORADO
BY: 2a (c
Patt M Kenny
Town -Clerk (::?
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JUNE 7, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
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.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Section 1.08.010 of Chapter 1.08, Title 1 of the Municipal Code of
the Town of Avon is amended to provide as follows:
1.08.010 Designated. With the exception of traffic offenses and the
possession of cannabis under Section 9.16.080, whenever in any section of this
code or any section of a rule or regulation promulgated hereunder the doing of any
act is required, prohibited or declared to be unlawful, any person who shall be
convicted of, or plead guilty or no contest to a violation of any such section shall,
for each offense, be fined in a sum not more than one thousand dollars or
imprisoned not to exceed one year, or both such fine and imprisonment. Each day
an offense continues shall constitute a separate offense.
Section 2. Section 2.08.040 of Chapter 2.08, Title 1 of the Municipal Code of
the Town of Avon is amended to provide as follows:
2.08.040 Jurisdiction, powers and procedures. The
municipal court shall have original jurisdiction of all cases arising
under the municipal code and other ordinances of the town with the
authority to punish violators thereof by the imposition of fines and
penalties not to exceed one thousand dollars and one year
imprisonment as stated in the municipal code section or ordinance
involved, together with court costs in the amount of fifteen dollars.
The procedures of the court shall be in accordance with the
Municipal Court Rules of Procedure as promulgated by the
Colorado Supreme Court.
Section 3. Section 8.24.160 of Chapter 8.24, Title 8 of the Municipal Code of the
Town of Avon is amended to provide as follows:
8.24.160 Violation-Penalty. Any person convicted of violating any of
the provisions of this chapter shall be punished by a fine of not more than one
thousand dollars or by imprisonment not to exceed one year, or by both such fine
and imprisonment; provided, that each separate act in violation of the provisions
of this chapter, or each and every day or portion thereof during which any separate
act in violation of this chapter is committed, continued, or permitted, shall be
deemed a separate offense.
Section 4. Subsection B of Section 10.04.040 of Chapter 10.04, Title 10 of the
Municipal Code of the Town of Avon is amended to provide as follows:
B. Every person convicted of a violation of any provision adopted in this
chapter shall be punished by a fine not exceeding one thousand dollars or by
imprisonment not to exceed one year, or by both such fine and imprisonment.
Section 5. Section 15.08.310 of Chapter 15.08, Title 15 of the Municipal Code of
the Town of Avon is amended to provide as follows:
15.08.310 Penalty. Any person, firm or corporation violating any of the
provisions of this chapter or of the provisions of the Uniform Building Code,
Volumes 1, 2, and 3 named in the title of this chapter, as adopted and modified
herein, shall be deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of any of the provisions of any of the
codes and standards named in the title of this chapter is committed, continued or
permitted, and upon conviction of any such violation, such person, firm or
corporation shall be punished by a fine of not more than one thousand dollars or
imprisonment for one year, or by both such fine and imprisonment.
Section 6. Section 15.20.120 of Chapter 15.20, Title 15 of the Municipal Code of
the Town of Avon is amended to provide as follows:
15.20.120 Penalty. Any person, firm or corporation violating any of the
provisions of this chapter or of the provisions of the Uniform Plumbing Code
named in the title of this chapter, as adopted and modified herein, shall be deemed
guilty of a separate offense for each and every day or portion thereof during which
any violation of any of the provisions of any of the codes and standards named in
the title of this chapter is committed, continued or permitted, and upon conviction
of any such violation, such person, firm or corporation shall be punished by a fine
of not more than one thousand dollars or imprisonment for one year, or by both
such fine and imprisonment.
Section 7. Section 15.24.120 of Chapter 15.24, Title 15 of the Municipal Code of
the Town of Avon is amended to provide as follows:
15.24.120 Penalty. Any person, firm or corporation violating any of the
provisions of this chapter or of the provisions of the Uniform Mechanical Code
named in the title of this chapter, as adopted and modified herein, shall be deemed
guilty of a separate offense for each and every day or portion thereof during which
any violation of any of the provisions of any of the codes and standards named in
the title of this chapter is committed, continued or permitted, and upon conviction
of any such violation, such person, firm or corporation shall be punished by a fine
of not more than one thousand dollars or imprisonment for one year, or by both
such fine and imprisonment.
Section 8. Section 15.28.110 of Chapter 15.28, Title 15 of the Municipal Code of
the Town of Avon is amended to provide as follows:
15.28.110 Penalty. Any person, firm or corporation violating any of the
provisions of this chapter or of the provisions of this code shall be deemed guilty
of a separate offense for each and every day or portion thereof during which any
violation of any of the provisions of any of the codes and standards named in the
title of this chapter is committed, continued or permitted, and upon conviction of
any such violation, such person, firm or corporation shall be punished by a fine of
not more than one thousand dollars or imprisonment for one year, or by both such
fine and imprisonment.
Section 9. Subsection B of Section 17.12.070 of Chapter 17.12, Title 17 of the
Municipal Code of the Town of Avon is amended to provide as follows:
B. Any person or corporation, whether as principal, agent or employee,
who violates any provision of this zoning code shall be, for each offense,
punished by a fine of not exceeding one thousand dollars or imprisonment for a
period of not more than one year, or by both such fine and imprisonment. Each
day any violation of this zoning code continues will constitute a separate offense.
Section 10. Chapter 15.08, Title 15 of the Municipal Code of the Town of Avon
is amended by the addition of a Section 15.08.027 providing as follows:
15.08.027 Section 104.2 Powers and Duties of Building Official. Section
104.2.1 and Section 104.2.3 through Section 104.2.5 are amended to provide as
follows:
104.2.1 General. The building official is hereby authorized and directed to
enforce all the provisions of this code and of other provisions of the Avon
Municipal Code. For such purposes, the building official shall have the powers of
a law enforcement officer.
104.2.3 Right of Entry. When it is necessary to make an inspection to
enforce the provisions of this code, and of other provisions of the Avon Municipal
Code, or when the building official has reasonable cause to believe that there
exists in a building or upon a premises a condition that is contrary to or in
violation of this code, and of other provisions of the Avon Municipal code, that
makes the building or premises unsafe, dangerous or hazardous, the building
official may enter the building or premises at reasonable times to inspect or to
perform the duties imposed by this code, and of other provisions of the Avon
Municipal Code, provided that if such building or premises be occupied that
credentials be presented to the occupant and entry requested. If such building or
premises be unoccupied, the building official shall first make a reasonable effort
to locate the owner or other person having charge or control of the building or
premises and request entry. If entry is refused, the building official shall have
recourse to the remedies provided by law to secure entry.
104.2.4 Stop orders. Whenever any work is being done contrary to the
provisions of this code, or of other provisions of the Avon Municipal Code, or
other pertinent laws or ordinances implemented through the enforcement of this
code, the building official may order the work stopped by notice in writing served
on any persons engaged in the doing or causing such work to be done, and any
such persons shall forthwith stop such work until authorized by the building
official to proceed with the work.
104.2.5 Occupancy violations. Whenever any building or structure or
equipment therein regulated by this code or by other provisions of the Avon
Municipal Code is being used contrary to the provisions of this code, or of other
provisions of the Avon Municipal Code, the building official may order such use
discontinued and the structure, or portion thereof, vacated by notice served on any
person causing such use to be continued. Such person shall discontinue the use
within the time prescribed by the building official after receipt of such notice to
make the structure, or portion thereof, comply with the requirements of this code.
Section 11. Chapter 2.08, Title 8 of the Avon Municipal Code is amended by the
addition of a Section 2.08.110, providing as follows:
2.08.110 Schedule of Fines. The municipal court is authorized to establish a
schedule of fines to be imposed for the following violations:
8.24.040 Keeping junk.
8.24.042 Parking and driving in designated areas.
8.24.045 Weeds.
8.24.065 Driveways must be paved.
8.24.050 Depositing waste material.
8.24.065 Driveways must be paved.
8.24.070 Spilling loads on highways prohibited.
8.24.085 Limitation of construction activity.
8.24. 100 Ice and snow overhangs and accumulations.
8.24.110 Ice and snow on sidewalk, public passageway or parking area.
10.04.040 Violations-Penalties.
15.08.025 Cleanup during construction.
15.08.300 Violations.
15.12.060 Violations.
15.20.110 Violation.
15.24.110 Violation.
17.12.030 Permit requirement.
17.12.07013 Violations-Penalties and Remedies.
Section 12. Chapter 17.40, Title 17 of the Avon Municipal Code is repealed.
Section 13. It is unlawful for any person to violate any of the provisions of this
Ordinance. Every person convicted of a violation of any of the provisions of this Ordinance shall
be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one
year or by both such fine and imprisonment.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 28th day of May, 2002, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 11th day of June, 2002, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
ayor
ATTEST:
pw?
Town ler c
INTRODUCED, FINALLY
APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the 11th day of June, 2002.
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager r
From: Tambi Katieb, Community Development
Date June 5, 2002
Re: Second Reading of Ordinance 02-11, An Ordinance Amending the Wildridge
PUD for Lots 42 & 43, Block 4, Wildridge Subdivision (Public Hearing)
Summary
The applicant, TS Properties Inc., own 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. Council approved the first
reading of this ordinance on May 28, 2002.
Recommendation
Staff recommends that the Town Council pass Ordinance 02-11 on second 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 Second Reading
2. Deny on Second Reading
Proposed Motion
"I move to approve on second 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. "
Memo to Town Council, June 11, 2002 Page 1 of 2
Ordinance 02-11, Lots 42 and 44, Block 4, Wildridge PUD Amendment (Public Hearing)
Town Manager Comments
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, June 11, 2002 Page 2 of 2
Ordinance 02-11, Lots 42 and 44, Block 4, Wildridge PUD Amendment (Public Hearing)
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager ??
From: Tambi Katieb, Community Development
Date June 5, 2002
Re: Second Reading of Ordinance 02-11, An Ordinance Amending the Wildridge
PUD for Lots 42 & 43, Block 4, Wildridge Subdivision (Public Hearing)
Summary
The applicant, TS Properties Inc., own 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. Council approved the first
reading of this ordinance on May 28, 2002.
Recommendation
Staff recommends that the Town Council pass Ordinance 02-11 on second 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 Second Reading
2. Deny on Second Reading
Proposed Motion
"I move to approve on second 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. "
Memo to Town Council, June 11, 2002 Page 1 of 2
Ordinance 02-11, Lots 42 and 44, Block 4, Wildridge PUD Amendment (Public Hearing)
Town Manager Comments
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, June 11, 2002 Page 2 of 2
Ordinance 02-11, Lots 42 and 44, Block 4, Wildridge PUD Amendment (Public Hearing)
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 1ITH DAY OF JUNE 2002,
AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF 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
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and
may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 7th day of June, 2002.
TOWN OF AVON, COLORADO
C;.
Ko? - 11
BY: 1 c-
Patty Mc envy
Town erk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JUNE 7, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
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
10'= day of J v4u- , 2002, at which time the public was given an opportunity to
express their opinions regarding the proposed PUD amendment; and
WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the
Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows:
IATown Clerk\Council\Ordinances\Misc\Ord 02-11 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.
L\Town Clerk\Council\Ordinances\Misc\Ord 02-11 L42,43 B4 WR PUD amendment.doc
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this a tC day of rfl" , 2002, and a public hearing shall be held at the
regular meeting of the Town Coun ' f the Town of Avon, Colorado, on the 1 II* day of,
J WV-- , 2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
. Town Council
rl
M or
ATTEST:ti c id
To Cl rk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED the day of , 2002.
Town of Avon, Colorado
Town Council
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
IATown Clerk\Council\Ordinances\Misc\Ord 02-11 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
C?
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: 3 2 1/0 Z.
Chris E C
At t:
Date: ,7 71 CTZ,
Brian es, Secretary
Staff Report ,_ p
PUD Amendment AVU 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 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 nuts 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 subdivision, 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.
PO Bcb( 965
9705693792
Vllc?saom
April 25, 2002
Mr. Tambi Katieb
Planner
Town of Avon
PO Box 975
Avon CO 81620
Dear Mr. Katieb:
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9706693791 fax -
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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 10:21AM 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 propo al
ours 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. All we can ask is that
the Town of Avon consider whether facilitating developers' ability to maximize profit at the
expense of Avon's existing neighborhoods is in the best interests of the town and the
communi .
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.
Dvid tfully,
nd Sa rah Hymes RECEIVED
5100 Longsun Lane, Wildridge
I?,, ?, 12002
Community Development
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Tambi Katieb, Community Developmen
Date June 5, 2002
Re: Second Reading of Ordinance 02-12, An Ordinance Amending the Wildridge
PUD for Lots 10 & 11, Block 2, Wildridge Subdivision (Public Hearing)
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. Council approved the
first reading of this ordinance on May 28, 2002.
Recommendation
Staff recommends that the Town Council
amending the Wildridge PUD to rezone Lots
create three single-family lots (Lots 10A,
development right from Lots 10 and 11.
pass Ordinance 02-12 on second reading,
10 and 11, Block 2, Wildridge Subdivision, to
10B, and 10C) and removing one existing
Alternatives
1. Approve on Second Reading
2. Deny on Second Reading
Proposed Motion
"I move to approve on second 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. "
Memo to Town Council, June 11, 2002 Page 1 of 2
Ordinance 02-12, Lots 10 and 11, Block 2, Wildridge PUD Amendment (Public Hearing)
Town Manager Comments
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, June 11, 2002 Page 2 of 2
Ordinance 02-12, Lots 10 and 11, Block 2, Wildridge PUD Amendment (Public Hearing)
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager 15 From: Tambi Katieb, Community Developmen
Date June 5, 2002
Re: Second Reading of Ordinance 02-12, An Ordinance Amending the Wildridge
PUD for Lots 10 & 11, Block 2, Wildridge Subdivision (Public Hearing)
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. Council approved the
first reading of this ordinance on May 28, 2002.
Recommendation
Staff recommends that the Town Council
amending the Wildridge PUD to rezone Lots
create three single-family lots (Lots 10A,
development right from Lots 10 and 11.
pass Ordinance 02-12 on second reading,
10 and 11, Block 2, Wildridge Subdivision, to
10B, and 10C) and removing one existing
Alternatives
1. Approve on Second Reading
2. Deny on Second Reading
Proposed Motion
" I move to approve on second 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. "
Memo to Town Council, June 11, 2002 Page 1 of 2
Ordinance 02-12, Lots 10 and 11, Block 2, Wildridge PUD Amendment (Public Hearing)
Town Manager Comments
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, June 11, 2002 Page 2 of 2
Ordinance 02-12, Lots 10 and 11, Block 2, Wildridge PUD Amendment (Public Hearing)
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 11TH DAY OF JUNE 2002,
AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF 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
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and
may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 7th day of June, u,
???.tJJ t?
TOWN OF AVON, COLORADO
BY: 00i c
a M Mnn
To erk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JUNE 7, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
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 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 ?u k.Q- , 2002, at which time the public was given an opportunity to
express their opinions regarding the proposed PUD amendment; and
WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the
Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows:
IATown Clerk\Council\Ordinances\Misc\Ord 02-12 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 IOA, I OB, and IOC) 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.
IATown Clerk\Council\Ordinances\Misc\Ord 02-12 L10,11 B2 WR PUD amendment.doc
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this ) 0? day of , 2002, and a public hearing shall be held at the
regular meeting of the Town Counci f the Town of Avon, Colorado, on the 1day of,
2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
OF A;lg
sA
ATTEST: Cza: -1 e --!'
wn C erk
Town of Avon, Colorado
Town Council
c_.
Ma r
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED the day of 72002.
Town of Avon, Colorado
Town Council
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
IATown Clerk\Council\Ordinances\Misc\Ord 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 IOA, 1OB, and IOC, eliminating one (1) development right
from Lots 10 and 11 with the following conditions:
I/ 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: CS (?O Z
Date: 5 ^ 2l . c?Z
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'Ull 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, Wildridgo ?UD 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 1OC, 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:
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.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lots 10 & 11, Block 2, WildridgC 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 IOA, IOB, and IOC, 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
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Tambi Katieb, Community Developmen
Date June 5, 2002
Re: Second Reading of Ordinance 02-13, An Ordinance Amending the Wildridge
PUD for Lots 47 & 48, Block 1, Wildridge Subdivision (Public Hearing)
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. Council approved the
first reading of this ordinance on May 28, 2002.
Recommendation
Staff recommends that the Town Council pass Ordinance 02-13 on second 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 Second Reading
2. Deny on Second Reading
Proposed Motion
"I move to approve on second 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. "
Memo to Town Council, June 11, 2002 Page 1 of 2
Ordinance 02-13, Lots 47 and 48, Block 1, Wildridge PUD Amendment (Public Hearing)
Town Manager Comments '?c f C'7 e `V*'
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, June 11, 2002 Page 2 of 2
Ordinance 02-13, Lots 47 and 48, Block 1, Wildridge PUD Amendment (Public Hearing)
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager UK?
From: Tambi Katieb, Community Developmen
Date June 5, 2002
Re: Second Reading of Ordinance 02-13, An Ordinance Amending the Wildridge
PUD for Lots 47 & 48, Block 1, Wildridge Subdivision (Public Hearing)
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. Council approved the
first reading of this ordinance on May 28, 2002.
Recommendation
Staff recommends that the Town Council pass Ordinance 02-13 on second 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 Second Reading
2. Deny on Second Reading
Proposed Motion
"I move to approve on second 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. "
Memo to Town Council, June 11, 2002 Page 1 of 2
Ordinance 02-13, Lots 47 and 48, Block 1, Wildridge PUD Amendment (Public Hearing)
Town Manager Comments ')? C C.,7 C `v'
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, June 11, 2002 Page 2 of 2
Ordinance 02-13, Lots 47 and 48, Block 1, Wildridge PUD Amendment (Public Hearing)
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 11TH DAY OF JUNE 2002,
AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF 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
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and
may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 7th day of June, 20.02,, _......,_
"'
F e•a
TOWN OF AVON, COLORADO
BY: a4??
P tty c envy
Town C erk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JUNE 7, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
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
1OA, l OB, 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
1?= day of ?wAj,__ , 2002, at which time the public was given an opportunity to
express their opinions regarding the proposed PUD amendment; and
WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the
Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows:
IATown Clerk\Council\Ordinances\Misc\Ord 02-13 L47,48 B 1 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 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 (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.
IATown Clerk\Council\Ordinances\Misc\Ord 02-13 L47,48 B1 WR PUD amendment.doc
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this At? day of , 2002, and a public hearing shall be held at the
regular meeting of the Town Counci of the Town of Avon, Colorado, on the 1 k day of,
2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
ATTEST tt
To Cl rk
Town of Avon, Colorado
Town Council
Ma r
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED the day of
2002.
Town of Avon, Colorado
Town Council
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
I:\Town Clerk\Council\Ordinances\Misc\Ord 02-13 IA7,48 B 1 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 489 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
•
W HEREAS' 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.
0
ADOPTED THIS 21st DAY OF MAY, 2002
Signed:
Chris Evans, C an
Date:
Date: 5'• mil' e2-
Sipes, Secretary
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 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 subdivision, 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
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD MAY 28, 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, Rick Cuny, Debbie Buckley, Peter Buckley, Mac McDevitt, and Mayor Protein
Buz Reynolds present. Also present were 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 Director Bob
Reed, Transit Director Harry Taylor, Comm. Dev. Director Ruth Borne, as well as members of
the press and public. Town Manager Bill Efting was absent.
Citizen Input
Gerry Sandberg was present to inform the Council of his Democratic candidacy for Eagle
County Commissioner. He spent a few minutes sharing his background experience and
answering questions.
Resolutions
Community Development Director Ruth Borne presented Resolutions No. 02-21 and 02-22,
Series 2002. She noted that petitions for annexations have been submitted for portions of land
known as the Post Boulevard Public Right of Way (02-21) and Lot 6, McGrady Acres (02-22).
The purpose of the Resolutions are to determine that the petitions are in substantial compliance
with the requirements of the Colorado Statutes and to set public hearings to determine if the
proposed annexation complies with requirements for annexation.
Councilor Reynolds moved to approve Ordinance No. 02-21, Series 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. Councilor McDevitt seconded the motion and it passed unanimously.
Councilor Reynolds moved to approve Ordinance No. 02-22, Series 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. Councilor McDevitt seconded the motion and it passed
unanimously.
Ordinances
Community Development Director Ruth Borne presented Ordinance No. 02-08 for first reading.
She noted that the Ordinance was drafted as a result of discussions surrounding the compliance
deposits. The primary purpose of the Ordinance was to provide more authority to the Building
Officials with regard to enforcement.
Councilor D. Buckely moved to approve Ordinance No. 02-08, Series 2002 on first reading, 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. Councilor Brown seconded the motion and it passed with a
five to one vote in favor of the motion (P. Buckley - nay).
Community Development Director Ruth Borne presented both Ordinance No. 02-09 and
Ordinance No. 02-10, Series 2002 for first reading. Both Ordinances address the annexation of
property into the Town of Avon in order to accommodate the road and infrastructure
improvements for the Village Avon. Mayor Yoder informed the audience that a public hearing
on both Ordinances is scheduled for Tuesday, July 9, 2002.
Councilor Brown moved to approve Ordinance No. 02-09, Series 2002 on first reading, an
Ordinance concerning the annexation to the Town of Avon, Colorado, of certain property as
described in the Post Boulevard Right of Way Petition for Annexation. Councilor D. Buckley
seconded the motion and it passed unanimously.
Councilor D. Buckley moved to approve Ordinance No. 02-10, Series 2002 on first reading, an
Ordinance concerning the annexation to the Town of Avon, Colorado, of certain property as
described as Lot 6, McGrady Acres Petition for Annexation. Councilor Brown seconded the
motion and it passed unanimously.
Community Development Director Ruth Borne presented Ordinance No. 02-11, Series 2002 on
first reading. She noted that the applicant TS Properties, Inc. owns Lots 42 and 43, Block 4 in
Wildridge and are seeking a PUD amendment in order to create 3 duplex lots instead of two four
duplex lots thus removing two development rights from these lots that are currently zoned for 4
units each. It was noted a public hearing would be set for June 11, 2002 on second reading.
Councilor D. Buckley moved to approve Ordinance No. 02-11, Series 2002 on first reading, 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. Councilor
Brown seconded the motion and it passed unanimously.
Community Development Director Ruth Borne presented Ordinance No. 02-12, Series 2002 on
first reading. She noted that the applicant Michael Dantas owns Lots 10 and 11, Block 2 in
Wildridge and is seeking a PUD amendment in order to create 3 single family lots instead of two
duplex lots thus removing one development right from these lots that are currently zoned for 2
units each. It was noted a public hearing would be set for June 11, 2002 on second reading.
Regular Council Meeting Page 2 of 5
May 28, 2002
Councilor McDevitt moved to approve Ordinance No. 02-12, Series 2002 on first reading, 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. Councilor
Brown seconded the motion and it passed unanimously.
Community Development Director Ruth Borne presented Ordinance No. 02-13, Series 2002 on
first reading. She noted that the applicants Tom Darcin and Michael Dantas own Lots 47 and 48,
Block 1 in Wildridge and are seeking a PUD amendment in order to create 3 single family lots
instead of two duplex lots thus removing one development right from these lots that are currently
zoned for 2 units each. It was noted a public hearing would be set for June 11, 2002 on second
reading.
Councilor D. Buckely moved to approve Ordinance No. 02-13, Series 2002 on first reading, 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. Councilor
McDevitt seconded the motion and it passed unanimously by the members present.
Unfinished Business
Councilor McDevitt briefed the Council on his role in conversations with the Eagle River Water
& Sanitation District in the past months regarding the odor problems in the Town. He proposed
drafting and implementing an Intergovernmental Agreement between the two agencies to try and
create a more efficient enforcement process than what is included in the current Odor Ordinance.
He proposed a "good faith" moratorium be placed on the ordinance and saw the action as a way
to reward the positive efforts of the Sanitation District. Several Council members were in
agreement that this action would be a reward for "good behavior".
Councilor McDevitt moved to put a moratorium on enforcement of an Ordinance in Chapter 8.31
of Municipal Code for a period of 2 months to pursue an Intergovernmental Agreement with the
quid pro quo that the Sanitation District not pursue the constitutionality issue of the Town's
current Odor Ordinance for that same time period so that we can work this out. Councilor D.
Buckley seconded the motion and it passed unanimously.
New Business
Mayor Yoder thanked the six candidates participating in the interview process that afternoon.
The people applied to fill the Council seat vacated by Rick Cuny. She reminded the public that
the appointment would run until the November election at which time that seat and 3 others
would be open. Councilor D. Buckley moved to appoint Brian Sipes as new Council member.
Councilor Brown seconded the motion and it carried by a majority vote. Brian Sipes will be
sworn in at the next Council meeting on 6/11/02.
Regular Council Meeting Page 3 of 5
May 28, 2002
Town Manager Report
Assistant Town Manager Larry Brooks informed the Council and public that a meeting was held
jointly between the Town and the Catellus Group (Village at Avon) to address the airborne dust
situation occurring due to construction. An alarm system will be implemented to alert both
parties when the levels exceed 25% of the average of the national standard. Weekly reports
would be reviewed by both parties to track the problem and its severity. He encouraged anyone
with questions to contact either the Town or the Catellus Group at 748-4994.
Mayor Report
Mayor Yoder took a moment to thank Councilor Rick Cuny for his public service as Council
member with the Town of Avon.
Other Business
Councilor P. Buckley welcomed the new Avon Postmaster to Town who was sitting in the
audience. His name is Frank Schuster and he moved from Illinois to Colorado, currently
residing in Gypsum. The Council welcomed him.
Councilor Rick Cuny took a few minutes to say farewell to the general public, thanking the staff,
Town Manager Bill Efting and Council members.
Consent Agenda
a) Approval of the May 5, 2002 Council Meeting Minutes
b) Metcalf Gulf Lower Drainage Improvements - Change Order 45
c) Eagle River Recreation Path Il - Additional Design Services and Contract Management,
Peak Land Consultants
Mayor Yoder asked for a motion on the Consent Agenda. Councilor McDevitt moved to
approve the Consent Agenda. The motion was seconded and carried unanimously.
There being no further business to come before the Council, Councilor Reynolds moved to
adjourn the meeting. Councilor Brown seconded the motion. The meeting adjourned at 6:30
PM.
Regular Council Meeting Page 4 of 5
May 28, 2002
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Rick Cuny
Mac McDevitt
Buz Reynolds
Judy Yoder
Regular Council Meeting
May 28, 2002
Page 5 of 5
Memo
May 22, 2002
To:
From:
RE:
Meryl
Julie
a'^
Salute Band Contract
Summary
Attached please find two contracts between Rock Your World and the
Town of Avon for the booking and coordination of the bands for the 4th of
July.
Recommendation
I recommend that Council approve and sign the attached contract for the
services provided in booking and coordination of the bands for the Salute
to the USA in the amount of $500.
Town of Avon • P.O. Box 975 9 Avon, CO 81620 9 970-748-4032
Town of Avon
PO 975
Avon, Co 81620
$ 500.00 fee for booking and coordination of bands for July 4, 2002
celebration
Please make check payable to Rock Your World.
Michele Gibson SS# 115 46 1572
1020 15th St. #33D • Denver, CO 80202 • (303)571-1188 • Fax (303)571-1292 • MGibson33D@aol.cor? h'
Memo
May 22, 2002
To: Meryl
From: Julie
RE: Salute
6h
Band Contract
Summary
Attached please find two contracts between Hazel Miller and the Town of
Avon for the performances at the 2002 Salute to the USA. Hazel Miller
will be the headliner band. Hazel Miller has played here in Avon before
and put on a wonderful show. She is a great singer whether she is
singing Blues, Jazz, Pop or Gospel.
Recommendation
I recommend that Council approve and sign the attached contract for
performance services at Salute to the USA in the amount of $4,000.
Town of Avon . P.O. Box 976 • Avon, CO 81620 . 970-748-4032
Wier Music - Entertainment Agr?-ment
C?cy Mel Gbson, 1020 15th Street' 433D, Denver*, CO 80202,
HAZEL HULLER EM, RIA? MENT AG ?MMNT.- between raze? der-(A?t'?"?'') and , ???
T,.TRCZ,,,QER).. it is under-stood that the.pardes do azree, and are committed to the Sollovving tears and
conditions,. including:
n
UZ.
or?aace:. ? 1 ?? U
Date of Fer.
fdrmamce: ice of Fen
Time of Fefform9ne.. i
l5 min
Leh ofr:ar?.c ..
.. ? uxielr Into ? ? ivy ? , -fv r ?O l oc?I
P.Mvided :. +oe .p?, bq - c 5 ,ate r?uu
Artist per: l ?00 C2.?. ? ? ?c?»'? ?o/IC+?bS?
Payment. Terms: DirPo equalling 50%oftotal ARTIST. fee due upon signing of coxitr-4 remaining:
deck ,
balance doe just prior to perfommcc. Send.de t, in form a a asks or money
order made out to: HA WY•.MHL Y, clo wren. Gisan, 102015th St_ r33D, Denver, CO
A tis#' Representatives:. Mel-Gilson'... yie:c?disingz "Artist retains sole & .exclusive right; but not the Obligation`, to sell souvenirs, T-shirts, hats, -CD's, and all':
Other merchandise directly pertaining to. and/or bearing the Irlmness of Artist,' and to retain 140°; o of the rec-oats therefrom,..
snbj= only to auy financial a mrim that. the pURCjiASEiz may have with concessionaires for the handling and/or mie of
this merchandise.. N. any agreement is made, no more. than, 10%.of the total receipts of the merchandise maybe. requested, sad-
omy. upon written consent of Artist or- A:rdst's, rearen-a atives.
PURCFLj= will not permit any recording or broadcasting, audio or video, or any part of this performance without the
wrtten consent of Artist orArdst s representative. jVOTF_ All press releases must be approved byArtist or Artist's .
Representative prior to. 'distribution. Still photography is acceptable, no, flash pleure. Artist must approve any photography .
from the pifor the stage:
This contract is a finai and binding agreement between the undersigned parties, ever. in the event of business closing or loss,
uniess notified in writing ten (10) days prior to above stated starting date. In this event, PURCHASER forfeits entire deposit.
Should PURC);:ASEIR elegy to ca=ll this contract within thirty (30) days of the Perfornrance Date, Purchaser forfeits one-half
of the deposit
AcXNO WLEDGED AYD AGREED TD:
Date a
Bqoking Agent D to
Nxm I \1A AnJ 11 U0Z
Axt st Date
2-:7 0
Hazel UillerCotitract. gaze 1
Contacts: Mel Ginson 343-?7]-i 188 phone, 303-571-1292 fax
a
Memo
May 22, 2002
To: Meryl
From: Julie
RE: Salute Band Contract
Summary
Attached please find two contracts between Little Blue and the Town of
Avon for the performance at the 2002 Salute to the USA. Little Blue will
be the opening band. They are from Aspen, Colorado. Their excellent
musicianship and vast repertoire of classic R & B, Motown, Funk, Rock
and even Country music makes them an invaluable asset for a variety of
entertainment.
Recommendation
I recommend that Council approve and sign the attached contract for
performance services at Salute to the USA in the amount of $3,500.
Town of Avon • P.O. Box 976 9 Avon, CO 81620 9 970-748-4032
PERFORMANCE CONTRACT
LITTLE BLUE
P.O. Box 9423
Aspen, CO 81612
(970)928-6622
The following contract signed and dated on this _15_ day of May._, .2002,
Is a mutual agreement by and between Town Of Avon
(hereinafter known as the "Client") and LITTLE BLUE, (hereinafter known as the "Band").
1. The Venue where the performance of the Band Is to be held Is located at
Nottingham Park
2. The Band will perform on the date(s) of July 4_, 2002.
3. The Band will perform 2_ sets of musk with _1_ break(s) of _15_
minutes each.
4. The Band will begin performing at 5:30pm_ and end performing at _7:30pm_.
5. The Client will provide a PA system for the Band which will consist of but
Is not limited to the following: 4 vocal mlcs do floor monitors
X The Client will provide lodging for the Band for 4_ adults for
day(s) and _1_ night(s).
7. The Client will provide adequate, accessible electrical power and performance space.
The Client will provide directions to the Venue.
8. The Client will provide _1_ meal(s) per day for 4_ persons.
9. The Band will be paid a perrormance fee of $ _3,500.00_.
(The Client agrees to pay one half of the performance fee upon the signing of this
contract and the second half of the performance fee upon the completion of Band's
performance as agreed upon In this contract.)
10. In the event of a cancellation of this contract by the Client, the Band will not be required
to return the deposit. Cancellation by the Client of this contract without 2 weeks prior
notice will result in a full payment of the agreed upon performance fee to the Band by
the Client.
Stros POrtell
Little Blue
The Client
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager -6 4---
From: Norm Wood, Town Engineer jf-4?
Anne Martens, Assistant Town Engineer alk
Date: May 23, 2002
Re: East Avon Access & Circulation Streetscape Improvements
Change Order Number 2 and Number 3
Summary: Attached Change Order Number 2 and Number 3 for the
East Avon Access & Circulation Streetscape Improvements represents minor changes
required to address actual field conditions encountered in construction. Change Order
Number 2 is for modifications to the Storm Sewer due to conflicts with underground
utilities. The modifications resulted in manhole and pipe relocation and the deletion of
one manhole. Change Order Number 3 is for revisions to the sidewalk, asphalt and curb
and gutter at the alley between Tract Q and Lot 65A (Annex). This Change Order also
includes revisions to the North entrance at the Annex building and minor modifications to
the parking area at Benchmark Plaza. Change Order Number 2 decrease the contract
amount by $1754.00 and Change Order Number 3 increases the contract amount by
$1423.20 for a total decrease of $330.80.
The net effect of these Change Orders is to decrease the Contract Amount $330.80 from
$ 2,276,221.50 to $ 2,275,890.70. This type of change was anticipated when the contract
was awarded and is provided for by the contingency item in the project budget. The effect
of this Change Order is reflected in the following Project Status.
I:AEngineering\CIP\East AvonA4.0 Construction Documents\4.5 Change Orders\CO No 2&3 Memo.Doc
Atibroved Proiect Budget Proiect Status
Construction Contract
Change Order No. 1
Change Order No. 2
Change Order No. 3
Engineering Design
Appraisals
Legal
Contract Administration
Testing Services
Administration
Easements & R/W
Contingencies @ 1.5%
Total Proposed Budget
$2,259,987 $2,259,987
$ 16,234
$ (1,754)
$ 1,423
$ 75,000 $ 75,000
$ 35,000 $ 26,500
$ 30,000 $ 30,000
$ 80,000 $ 80,000
$ 30,000 $ 30,000
$ 15,000 $ 15,000
$ 349,430 $ 349,430
$ 42,732 $ 35,329
$2,917,149 $2,917,149
Approval of Change Orders Number 2 and Number 3 to the Elam Construction, Inc.
contract for construction of the East Avon Access & Circulation Streetscape
Improvements is recommended, decreasing the Contract amount $330.80 from
$2,276,221.50 to $2,275,890.70.
Recommendations: Approve Change Orders Number 2 and Number 3 to
the Elam Construction, Inc. contract for construction of the East Avon Access &
Circulation Streetscape Improvements, decreasing the Contract amount $330.80 from
$ 2,276,221.50 to $ 2,275,890.70.
Town Manager Comments:
'T? C U.j `
I:\Engineering\CIP\East Avon\4.0 Construction Documents\4.5 Change Orders\CO No 2&3 Memo.Doc 2
CHANGE ORDER
Order No.: 2
Date: 5-30-02
Agreement Date: April 15, 2002
NAME OF PROJECT: 2002 East Avon Street Improvements
OWNER: Town of Avon, Colorado
CONTRACTOR: Elam Construction, Inc
The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
Storm Drain Revisions in Alley:
Deduct 53 LF from Item 6.4 24" HDPE Storm Sewer @ $45.00/LF- $ 2,385.00
Deduct 1 Each from Item 6.7 4' Dia. Manhole (MH 7 - cancelled)
@ $3,500.00/Each -$ 3,500.00
Add 23 L.F. to Item 6.1 15" HDPE Storm Sewer @ $40.00/L.F. + $ 920.00
Modify Str. 5 - Move box to avoid sewer, set grate in pan, frame
and pour trough between grate and box + $ 500.00
Modify Str 2 - Lower opening for 15" HDPE from Str 3 + $ 525.00
Add 42 L.F. to Item 2.4 Curb & Gutter Demo @ $5.001L.F. + $ 210.00
Add 42 L.F. to Item 4.8 Curb & Gutter @ $17.00/L.F. + $ 714.00
Modify Str 6 - cut opening for new 24" HDPE from the north + $ 150.00
Add 67 SF to Item 4.7 Concrete Sidewalk & Base Course
@ $6.00/SF + $ 402.00
Add 124" HDPE 22.5° bend @ $210.00 each + $ 210.00
Modify storm sewer connection between existing elliptical RCP
and new 24" HDPE + $ 500.00
Total - $ 1,754.00
TOTAL - $ 1,754.00
Change to CONTRACT PRICE: - $ 1,754.00
Original CONTRACT PRICE: $ 2,259,987.00
Current CONTRACT PRICE adjusted by previous CHANGE ORDER 1: $2,276,221.50
The CONTRACT PRICE due to this CHANGE ORDER will be (decreased) by
$ 1,754.00.
The new CONTRACT PRICE including this CHANGE ORDER will be $ 2,274,467.50
Change to CONTRACT TIME:
The CONTRACT THE will be (increased)(decreased) by 0 calendar days.
The date for completion of all work will be October 19, 2002 (Date).
APPROVALS REQUIRED:
Approved by Engineer:
X-
Accepted by Contractor:
Accepted and Approved by Owner:
Federal Agency Approval (where applicable):
CO-2
CHANGE ORDER
Order No.: 3
Date: 5-30-02
Agreement Date: April 15, 2002
NAME OF PROJECT: 2002 East Avon Street Improvements
OWNER: Town of Avon, Colorado
CONTRACTOR: Elam Construction, Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
Sidewalk and Curb & Gutter Revision at Tract Q and Alley:
Deduct 65 LF from Item 4.8 Curb & Gutter - 2 ft Pan @ $17/LF -$1,105.00
Deduct 415 SF from Item 4.7 Concrete Sidewalk & Base Course
@ $6.00/SF -$2,490.00
Deduct 34 LF from Item 2.4 Curb & Gutter Demolition
@ $5.00/LF -$ 170.00
Total -$3,765.00
Addition of Crosspan at Tract Q (Cassidy's) Entrance at Plaza Way:
Add 31 LF to Item 4.11 Crosspan - 4ft @ $26.00/ LF +$ 806.00
Total +$ 806.00
Revise Overlay Area in Alley to Remove and Replace Asphalt:
Deduct 34 Tons from Item 4.4 Asphaltic Concrete @ $48.00/Ton -$1,632.00
Add 1,542 SF to Item 2.2 Asphalt Removal @ $0.90/SF +$ 1,387.80
Add 70 Tons to Item 4.4 Asphaltic Concrete @ $48.00/Ton +$3,360.00
Add 34 CY to Item 4.3 Class 6 Road Base @ $30.00/CY +$1,020.00
Total +$4,135.80
Revised North Entrance to Annex:
Deduct 33 SF from Item 4.7 Concrete Sidewalk & Base Course
@ $6.00/SF - $ 198.00
Add 1 Each to Item 9.21 Transplant Ash Tree @ $750.00/Each + $ 750.00
Add 51 LF to Item 4.8 Curb & Gutter - 2 ft Pan @ $17.00/LF + $ 867.00
Add 7 Tons to Item 4.4 Asphaltic Concrete @ $48.00/Ton + $ 336.00
Add 4.8 CY to Item 4.3 Class 6 Road Base @ $30.00/CY + $ 144.00
Add 55 LF to Item 2.1 Sawcut Existing Asphalt @ $3.00/LF + $ 165.00
Add 46 SF to Item 2.2 Asphalt Removal @ $0.90/SF + $ 41.40
Add 50 LF to Item 2.4 Curb & Gutter Demolition @ $5.00/1,17 + $ 250.00
Total +$2,355.40
Revisions to Bid Alternate No. 3 - Provide Parking on Lot 20
Deduct 209 SF from Item 13.5 Concrete Pavers for Walks
@ $12.00/SF
Deduct 3 LF from Item 13.3 Concrete Bands at Plazas and
Walks @ $22.00/LF
Add 3 Each to Item 2.17 Remove Existing Trees @ $155.00 Each
Total
TOTAL
Change to CONTRACT PRICE: +$1,423.20
Original CONTRACT PRICE: $ 2,259,987.00
-$ 2,508.00
- $ 66.00
+$ 465.00
-$ 2,109.00
+$1,423.20
Current CONTRACT PRICE adjusted by previous CHANGE ORDER 2: $ 2,274,467.50
The CONTRACT PRICE due to this CHANGE ORDER will be (increased) by
$ 1,423.20
The new CONTRACT PRICE including this CHANGE ORDER will be $ 2,275,890.70
Change to CONTRACT TME:
The CONTRACT TDJE will be increased by 0 calendar days.
The date for completion of all work will be October 19, 2002 (Date).
APPROVALS REQUIRED:
Approved by Engineer:
7e-
Accepted by Contractor:
Accepted and Approved by Owner:
Federal Agency Approval (where applicable):
CO-3
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager 7?
From: Norm Wood, Town Engineer-/ ,V
Anne Martens, Assistant Town Engineer
Date: June 5, 2002
Re: East Avon Access & Circulation Streetscape Improvements
Change Order Number 4
Summary: Attached Change Order Number 4 for the East Avon Access &
Circulation Streetscape Improvements represents minor changes required to address actual field
conditions encountered in construction and over excavation of subgrade material due to
unsuitable soils. Change Order Number 4 is for removal a street light, additional linear feet of
conduit required due to modifications at Plaza Way, and revisions to fire hydrants. Change
Order Number 4 also includes over excavation and backfill on Benchmark Road due to
unsuitable subgrade soils. Change Order Number 4 increases the contract amount by $26,120.00.
The net effect of this Change Order is to increase the Contract Amount $26,120.00 from
$ 2,275,890.70 to $2,302,010.70. This type of change was anticipated when the contract was
awarded and is provided for by the contingency item in the project budget. The effect of this
Change Order is reflected in the following Project Status.
Approved Project Budget
Construction Contract $2,259,987
Change Order No. 1
Change Order No. 2
Change Order No. 3
Change Order No. 4
Engineering Design $ 75,000
Appraisals $ 35,000
Legal $ 30,000
Contract Administration $ 80,000
Testing Services $ 30,000
Administration $ 15,000
Easements & R/W $ 349,430
Contingencies @ 1.5% $ 42,732
Total Proposed Budget $2,917,149
Project Status
$2,259,987
$ 16,234
$ (1,754)
$ 1,423
$ 26,120
$ 75,000
$ 26,500
$ 30,000
$ 80,000
$ 30,000
$ 15,000
$ 349,430
$ 9,209
$2,917,149
1 AEngineering\CIP\East Avon\4.0 Construction Documents\4.5 Change Orders\CO No 4 Memo.Doc
Approval of Change Order Number 4 to the Elam Construction, Inc. contract for construction of
the East Avon Access & Circulation Streetscape Improvements is recommended, increasing the
Contract amount $26,120.00 from $2,275,890.70 to $2,302,010.70.
Recommendations:
Approve Change Order Number 4 to the Elam
Construction, Inc. contract for construction of the East Avon Access & Circulation Streetscape
Improvements, increasing the Contract amount $26,120.00 from
$ 2,275,890.70 to $ 2,302,010.70.
Town Manager Comments:
I:\Engineering\CIMast Avon\4.0 Construction Documents\4.5 Change Orders\CO No 4 Memo.Doc 2
CHANGE ORDER
Order No.: 4
Date: 5-30-02
Agreement Date: April 15, 2002
NAME OF PROJECT: 2002 East Avon Street Improvements
OWNER: Town of Avon, Colorado
CONTRACTOR: Elam Construction, Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
Streetlight Removal:
Remove existing streetlight, concrete base and appurtenances.
Transport light pole to Town of Avon storage yard +$3,000.00
Total +$3,000.00
Alternate 3 Conduits:
Add 40 LF to Item 5.6 4" PVC Future Use Conduit @ $7.00/ LF + $ 280.00
Total +$ 280.00
Fire Hydrant at Annex - Revise from Relocate Existing to Install New:
Deduct 1 Each from Item 5.7 Relocate Existing Fire Hydrant
@ $2,500.00/Each -$2,500.00
Add 1 Each to Item 5.8 Install New Fire Hydrant Assembly
@ $4,200.00/Each (Existing hydrant can be reused) +$4,200.00
Total +$ 1,700.00
Excavation and Disposal of Unsuitable Material, Place and Compact Two (2) feet of
6" Minus Pitrun Material (14ft left side of centerline from Sta 1+00 to 3+50 and
6+00 to 9+00):
Add 571 CY of excavate, dispose, place and compact @ $40.00/CY+ $22,840.00
Traffic Control for 3 days @ $1500.00/Day +$ 4,500.00
Total + $27,340.00
Fire Hydrant at East Beaver Creek Blvd & Plaza Way to Remain in Place:
Deduct 1 Each from Item 2.14 Remove Existing Fire Hydrant
@ $2,000.00/Each -$ 2,000.00
Deduct 1 Each from Item 5.8 Install New Fire Hydrant Assembly
@ $4,200.00/Each -$ 4,200.00
Total -$ 6,200.00
TOTAL + $26,120.00
Change to CONTRACT PRICE: + $ 26,120.00
Original CONTRACT PRICE: $ 2,259,987.00
Current CONTRACT PRICE adjusted by previous CHANGE ORDER 3: $ 2,275,890.70
The CONTRACT PRICE due to this CHANGE ORDER will be increased by $ 26,120.00
The new CONTRACT PRICE including this CHANGE ORDER will be $ 2,302,010.70
Change to CONTRACT TMIE:
The CONTRACT TIME will be increased by 3 calendar days.
The date for completion of all work will be October 22, 2002 (Date).
APPROVALS REQUIRED:
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved by Owner:
Federal Agency Approval (where applicable):
CO-4
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager 16 ce-
From: Norm Wood, Town Engineer` ///
Anne Martens, Assistant Town Engineer"
Date: June 5, 2002
Re: East Avon Access & Circulation Streetscape Improvements
Change Order Number 5
Summary: Attached Change Order Number 5 for the East Avon
Access & Circulation Streetscape Improvements represents modifications to the parking
lot and filling in the pond and piping the Metcalf Irrigation Ditch on Tract Q. The cost of
the work is $107,214.90 and will allow Easement acquisition negotiations for this parcel
to be brought to conclusion. Seventy five hundred dollars of this cost will be recovered in
the overall project budget by elimination of the requirement to pay for an appraisal had
the negotiations not been concluded by this work. This savings is reflected in the Project
Status below. Change Order Number 5 increases the contract amount by $107,214.90.
The net effect of this Change Order is to increase the Contract Amount $107,214.90 from
$ 2,302,010.70 to $2,409,225.60. This Change Order is contingent upon approval of the
agreement with the property owners and the Town of Avon. Attached is a sketch
illustrating the proposed improvements. The effect of this Change Order is reflected in
the following Project Status.
L\Engineering\CIP\East Avon\4.0 Construction Documents\4.5 Change Orders\CO No 5 Menlo.Doc
Approved Project Budget
Construction Contract $2,259,987
Change Order No. 1
Change Order No. 2
Change Order No. 3
Change Order No. 4
Change Order No. 5
Engineering Design $ 75,000
Appraisals $ 35,000
Legal $ 30,000
Contract Administration $ 80,000
Testing Services $ 30,000
Administration $ 15,000
Easements & R/W $ 349,430
Contingencies @ 1.5% $ 42,732
Total Proposed Budget $2,917,149
Project Status
$2,259,987
$ 16,234
$ (1,754)
$ 1,423
$ 26,120
$ 107,215
$ 75,000
$ 19,000
$ 30,000
$ 80,000
$ 30,000
$ 15,000
$ 211,352
$ 47,572
$2,917,149
Approval of Change Order Number 5 to the Elam Construction, Inc. contract for
construction of the East Avon Access & Circulation Streetscape Improvements is
recommended, increasing the Contract amount $107,214.90 from $2,302,010.70 to
$2,409,225.60.
Recommendations:
Approve Change Order Number 5 to the Elam
Construction, Inc. contract for construction of the East Avon Access & Circulation
Streetscape Improvements, increasing the Contract amount $107,214.90 from
$2,302,010.70 to $2,409,225.60, contingent upon approval of the agreement with the
property owners and the Town of Avon.
Town Manager Comments:
L\Engineering\CIP\East Avon\4.0 Construction Documents\4.5 Change Orders\CO No 5 Memo.Doc 2
CHANGE ORDER
Order No.: 5
Date: 6-5-02
Agreement Date: April 15, 2002
NAME OF PROJECT: 2002 East Avon Street Improvements
OWNER: Town of Avon, Colorado
CONTRACTOR: Elam Construction, Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
This change order reflects quantities and prices associated with revising the Tract Q
Parking Lot. This work includes the filling of the pond/ditch, piping the irrigation ditch, and
paving the extended parking lot.
Description Unit Ouantity Unit Price Total Price
Surveying/Testing LS 1 $3,000.00 $ 3,000.00
Clearing LS 1 $1,500.00 $ 1,500.00
Sawcut Asphalt LF 190 $ 3.00 $ 570.00
Asphalt Removal SF 5,695 $ 0.90 $ 5,125.00
Remove Trees Each 8 $ 155.00 $ 1,240.00
Remove and Relocate Light Each 1 $3,500.00 $ 3,500.00
Earthwork Export CY 676 $ 14.00 $ 9,464.00
Pit Run Gravel CY 778 $ 29.00 $22,562.00
Subgrade Prep SF 16,162 $ 0.20 $ 3,232.40
6" Class 6 Road Base CY 300 $ 30.00 $ 9,000.00
3" BBP Paving Tons 311 $ 50.00 $15,550.00
2' Curb & Gutter LF 43 $ 17.00 $ 731.00
60" Manhole Each 2 $3,500.00 $ 7,000.00
24"X38" Elliptical RCP LF 188 $ 105.00 $19,740.00
Traffic Control LS 1 $2,500.00 $ 2,500.00
Landscaping & Irrigation LS 1 $2,500.00 $ 2,500.00
TOTAL + $107,214.90
Any variation from these quantities must be field verified and approved prior to
commencement of the work.
Change to CONTRACT PRICE: + $ 107,214.90
Original CONTRACT PRICE: $ 2,259,987.00
Current CONTRACT PRICE adjusted by previous CHANGE ORDER 4: $ 2,302,010.70
The CONTRACT PRICE due to this CHANGE ORDER will be increased by $ 107,214.90
The new CONTRACT PRICE including this CHANGE ORDER will be $ 2,409,225.60
Change to CONTRACT TMM:
The CONTRACT THE will be increased by 0 calendar days.
The date for completion of all work will be October 22, 2002 (Date).
APPROVALS REQUIRED:
Approved by Engineer:
Accepted by Contractor
Accepted and Approved by Owner:
Federal Agency Approval (where applicable):
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Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Norm Wood, Town Engineer
Date: June 6, 2002
Re: The Village (at Avon) Filing 2
Buffalo Ridge Subdivision Improvements Escrow
Summary: Buffalo Ridge Affordable Housing Corporation and Buffalo Ridge
II LLLP have submitted the attached Escrow Agreement for the Buffalo Ridge I and II
Subdivision Improvements Escrow. This Agreement names Stewart Title of Vail, Inc. as
Escrow Agent and provides for administration of the funds guaranteeing completion of the
public improvements for The Village (at Avon) Filing 2 in conformance with the
previously approved Subdivision Improvements Agreement.
Approval of this Escrow Agreement is recommended.
Recommendations: Approve Escrow Agreement for Buffalo Ridge I and
II Subdivision Improvements Escrow dated May 29, 2002 between Buffalo Ridge
Affordable Housing Corporation, Buffalo Ridge II LLLP, the Town of Avon and Stewart
Title of Vail, Inc.
Town Manager Comments:
I:\Engineering\Avon VillageTiling 2\ subdivision\Escrow Agreement-Memo.Doc
{
Escrow Agreement
Account Number:
Account Name: Buffalo Ridge I and II Subdivision Improvements Escrow
This Escrow Agreement ("Agreement") is dated May 29, 2002.
This Agreement exists between BUFFALO RIDGE AFFORDABLE HOUSING
CORPORATION, a Colorado non-profit corporation ("BRAHC"), BUFFALO RIDGE II LLLP,
a Colorado limited liability limited partnership ("PAB"; together with BRAHC, the
"Depositors"), the TOWN OF AVON, a Colorado municipality, by and through its Council (the
"Town"), and STEWART TITLE OF VAIL, INC., a Colorado corporation ("Escrow Agent").
Depositors, the Town, and Escrow Agent agree:
1. Escrow Deposits. BRAHC and PAB deposit with Escrow Agent the items (i.e.,
cash, securities, and/or instruments) listed on the attached Schedule A that is hereby
incorporated into this Agreement by reference. Schedule A items are hereafter referred to as the
"Escrow Property."
2. Escrow Instructions. Escrow Agent will hold and distribute the Escrow Property
in accordance with the instructions on the attached Schedule B that is hereby incorporated into
this Agreement by reference.
3. Investment of Funds. Escrow Agent has no duty to invest any Escrow Property,
except as provided on Schedule B.
4. Amendments. This Agreement may be amended, modified, supplemented, or
revoked only in writing signed by Depositors and the Town with the written approval of Escrow
Agent and upon payment to Escrow Agent of its additional fees and expenses.
5. Assignments of Interest. Assignments, transfers, hypothecations, or
conveyances of any right, title, or interest in the Escrow Property are only binding upon Escrow
Agent if (a) written notice is served by Depositors and the Town and received by Escrow Agent;
(b) all of Escrow Agent's additional fees and expenses are paid; and (c) Escrow Agent has given
its assent, which assent shall not be unreasonably withheld, delayed, or conditioned.
6. Authority of Depositors. Escrow Agent is under no duty or obligation to
ascertain the identity, authority, and/or rights of Depositors, the Town, or their respective agents
who are executing, delivering, or purporting to execute or deliver instructions and/or
performance hereunder.
528331.2
7. Compensation of Escrow Agent. Depositors and the Town, both jointly and
severally, agree to pay Escrow Agent its fees and expenses for services, including any
extraordinary fees and expenses that may arise, such as fees of counsel, consultants, and court
costs. Escrow Agent has a first and prior lien on the Escrow Property to secure any such fees
and expenses. Escrow Agent is authorized to deduct any such fees and expenses from the
Escrow Property. Any fees and expenses owed but unpaid shall accrue interest at the rate of
12% per annum.
8. Complete Agreement and Execution in Counterparts. This Agreement and its
Schedules A and B constitute the complete and entire Agreement of Depositors and the Town
with Escrow Agent. This Agreement may be executed in counterparts. Each executed
counterpart shall be given the same effect as an original.
9. Disagreements. In the event of any disagreement or dispute between Depositors'
and the Town concerning the meaning or validity of any provision under this Agreement,
including Schedules A and B, or concerning any other matter relating to this Agreement, Escrow
Agent:
a. Shall be under no obligation to act, except under process or order of court,
or until it has been adequately indemnified to its full satisfaction, and shall sustain no liability for
its failure to act pending such process or court order or indemnification; and
b. May deposit, in its sole and absolute discretion, the Escrow Property or
that portion of the Escrow Property it then holds with the then Clerk of the District Court of the
County of Eagle, State of Colorado, and to interplead Depositors and the Town. Upon such
deposit and filing of interpleader, Escrow Agent shall be relieved of all liability as to the Escrow
Property and shall be entitled to recover from Depositors and the Town its attorneys' fees and
other costs incurred in commencing and maintaining such action. Depositors and the Town, by
signing this Agreement, submit themselves to the jurisdiction of such Court and do appoint the
Clerk of such court as their agent for the service of all process in connection with such
proceedings. In no event shall the institution of such interpleader action impair the rights of
Escrow Agent described in Paragraph 14.
10. Extension of Benefits. This Agreement and its Schedules A and B extend to and
binds the heirs, legal representatives, successors, and assignees all of the parties to this
Agreement.
11. Governing Law. The laws of the State of Colorado shall apply to the
interpretation, construction, and enforcement of this Agreement.
12. Headings of Paragraphs. The titles of the numbered paragraphs to this
Agreement exist for convenience only, and in no way shall they restrict or modify any
Agreement or provision.
13. Indemnification and Hold Harmless. Depositors and the Town agree, jointly
and severally, to indemnify and hold harmless Escrow Agent from any liability, cost, or expense
whatsoever, including reasonable attorney's fees, that it has or will incur by reason of accepting
Escrow Property and acting as Escrow Agent hereunder; provided, however, that BRAHC's
indemnification obligations hereunder shall be limited solely to payments from "surplus cash"
528331.2 2
available from the Buffalo Ridge I Apartments project being developed and constructed by
BRAHC, as the term "surplus cash" is defined and described in the HUD regulatory agreement
executed by BRAHC in connection with the permanent first mortgage financing being obtained
by BRAHC for such project.
14. Non-Liability. Escrow Agent shall not be liable for any act it may do or omit to
do as Escrow Agent while acting in good faith and in the exercise of its own best judgment. Any
act done or omitted by Escrow Agent pursuant to the advice of its attorneys shall be conclusive
evidence of such good faith. Escrow Agent shall have the right to consult with counsel
whenever any question arises concerning this Agreement and shall incur no liability whatsoever,
for any delay reasonably required to obtain such advice of counsel.
15. Notices. Any notices will be given by personal delivery, by mailing via first class
mail, postage prepaid, or by facsimile transmission promptly followed by mailing such notice via
first class mail, postage prepaid, to the addresses and/or telecopier numbers provided in this
Agreement. Notice shall be effective as of the time of receipt, as of the time of deposit in the
mail, or in the event of initial facsimile transmission, upon receipt by sender of electronic
confirmation of delivery. All such notices to Escrow Agent must contain the Account Number
set forth above.
16. Other Contracts or Agreements. Escrow Agent is not a party to or bound by
any agreement between Depositors and the Town other than this Agreement, whether or not an
original copy of such agreement is held as Escrow Property or is in the files of Escrow Agent.
17. Removal or Resignation of Escrow Agent. Escrow Agent may resign at any
time by furnishing written notice of its resignation to Depositors and the Town. Depositors and
the Town may remove Escrow Agent at any time by furnishing to Escrow Agent a written notice
of its removal. Such resignation or removal, as the case may be, shall be effective 30 days after
delivery of such notice.
18. Statute of Limitations and Laches. Escrow Agent is not liable for the
outlawing, lapse, or invalidation of any rights under any statute of limitations or due to laches
with respect to this Agreement or the Escrow Property.
19. Validity and Sufficiency of Schedule A Deposits and Schedule B Instructions.
Escrow Agent assumes no responsibility for the validity and/or sufficiency of any funds,
securities, instruments, or instructions held as Escrow Property.
20. Waivers. The failure of any party to this Agreement to require performance of
any provision under this Agreement shall in no manner affect the right at a later time to enforce
the same performance. A waiver by any party to this Agreement of any such condition or breach
of any term, covenant, representation, or warranty contained in this Agreement, in any one or
more instances, shall neither be construed as a further or continuing waiver of any such condition
or breach, nor a waiver of any other condition or breach of any other term, covenant,
representation, or warranty contained in this Agreement.
528331.2 3
IN WITNESS WHEREOF, the undersigned have affixed their signatures and hereby
adopt as part of this Escrow Agreement Schedules A and B that are incorporated by reference.
DEPOSITORS:
BUFFALO RIDGE II LLLP,
a Colorado limited liability limited partnership
By: CORUM BUFFALO RIDGE, LLC,
a Colorado limited liability company,
General Partner ,
14,
B Y:
mes G. Vzpatri ,III, Managing Member
By: WINTERGREEN HOMES - BUFFALO RIDGE
LLC, a Colorado limited liability company,
Address
Telephone: (303) 796-2000
Fax Number: (303) 796-2065
BUFFALO RIDGWAFFORDABJ,,E HOUSING
CORPORATIO a Colorado W -profit corporation
By:
E. Flynn,
Address: 755 Eagle I&est Road
P.O. Box 1342
Edwards, Colorado 81632
Telephone: (970) 926-8686
Fax Number: (970) 926-8690
528331.2 4
Suite 200
Englewood, Colorado 80111
Escrow Agreement
Escrow No.
SCHEDULE A
(Deposit)
There is hereby deposited with you, as Escrow Agent, certain funds and documents, to
wit:
Deposit by Buffalo Ridge Affordable Housing Corporation of good funds in the amount of
$820,000.00.
Deposit by Buffalo Ridge II LLLP of good funds in the amount of $1,396,151.00.
Executed copy of the Subdivision Improvements Agreement dated April 23, 2002 by and among
Buffalo Ridge Affordable Housing Corporation, a Colorado non-profit corporation, and Buffalo
Ridge II LLLP, a Colorado limited liability limited partnership (collectively the "Depositors"),
and the Town of Avon, a Colorado municipality, by and through its Council (the "Town").
DEPOSITORS:
BUFFALO RIDGE II LLLP,
a Colorado limited liability limited partnership
By: CORUM BUFFALO RIDGE LLC,
a Colorado limited liability company,
General Partner
4 Z_
AA. 1#,A
By:
6?mes G. pat is , Managing Member
By: WINTERGREEN HOMES - BUFFALO RIDGE LLC,
a Colorado limited liability company,
General PDWner
B
M.
BUFFALO RTD-GE ORDABLE H(?yUSING CORPORATION,
a Colorado non-pr t orporayi¢n >
By:
528331.2 A-1
THE TOWN:
TOWN OF AVON, a Colorado municipality,
by and through its Council
By:
Name:
Title:
ESCROW AGENT:
STEWART TITLE OF VAIL, INC.,
a Colorado coo ration
By:
gent
528331.2 A-2
Escrow Agreement
Escrow No.
SCHEDULE B
(Special Instructions)
The deposit of good funds in the amount of $2,216,151.00 herewith made and receipted
for, as referenced in Schedule A hereto (the "Deposit"), is to be received by Escrow Agent and
held, delivered, deposited, and otherwise dealt with pursuant to the following Special
Instructions:
1. The Deposit is made by Depositors pursuant to the Subdivision Improvements
Agreement (the "SIA") entered into by and between Depositors and the Town. The SIA is
attached hereto as Exhibit 1.
2. The Deposit shall be held in an interest-bearing account and distributed by
Escrow Agent pursuant to the terms and conditions of the SIA, except that all interest accruing
on the Deposit shall be the sole property of Depositors.
3. The Deposit is equivalent to the estimated cost of completion of the subdivision
improvements (the "Public Improvements") that are delineated in Exhibit B of the SIA that are to
be constructed on Tracts B, E, F, G, and H, The Village (at Avon) Filing 2, County of Eagle,
State of Colorado.
4. Paragraph 4(a) of the SIA provides for the reduction of the Deposit, from time to
time, by the amount of the progress payments made by Depositors to their contractors for the
partial completion of the Public Improvements. As the Public Improvements are completed, the
amounts of the Deposit released from this Escrow pursuant to paragraph 4(a) of the SIA shall be
paid to the party (i.e., PAB or BRAHC) upon whose land the Public Improvements have been
constructed (and for which payment for such Public Improvements by such party has been
made). Notwithstanding anything to the contrary contained herein, in the event either of the
Depositors fails to undertake and complete the Public Improvements required to be constructed
by it pursuant to the SIA and the Co-Building & Development Agreement dated of even date
herewith between Depositors, the non-defaulting Depositor may, but under no circumstances
shall be obligated to, undertake and complete construction of such Public Improvements. In such
event, the non-defaulting Depositor shall be entitled to recover and retain for its own account any
amounts released from the Deposit representing costs of construction incurred by such non-
defaulting Depositor for Public Improvements located on the defaulting Depositor's property.
Upon completion of all Public Improvements and acceptance thereof by the Town or other
applicable governmental jurisdiction, the entire Deposit remaining is to be returned to BRAHC
and/or PAB on the basis of the costs incurred by such parties in completing the Public
Improvements on their respective properties, subject, however, to the adjustments provided for in
the immediately preceding sentence. In accordance with the SIA, Escrow Agent shall promptly
return any portion or all of the Deposit to Depositors upon receipt of a written request from the
Town and Depositors in accordance with the foregoing terms and provisions.
5. Upon any Depositor's default of its obligations under the SIA, which default
remains uncured 30 days after the Town has provided written notice to such Depositor, the Town
may draw on the Deposit in an amount equivalent to the costs it incurs in completing
528331.2 B-1
construction of the Public Improvements plus its reasonable attorneys' fees and court costs, if
any. Escrow Agent shall disburse the Deposit to the Town upon Escrow Agent's receipt of a
written request certifying (a) that the defaulting Depositor is in default of it obligations under the
SIA; (b) that the applicable cure period has lapsed; and (c) the amount to which the Town is
entitled pursuant to Paragraph 11 of the SIA.
6. At the time that this Escrow Account is closed, all interest earned on the Deposit
shall be disbursed to Depositors on a pro-rata basis based upon their respective portions of the
Deposit, except to the extent that the Deposit is insufficient to cover the expenses incurred by the
Town as a result of any Depositor's default of its respective obligations under the SIA.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals, and
do hereby agree to the Special Instructions above indicated, this 29th day of May, 2002.
DEPOSITORS:
BUFFALO RIDGE II LLLP,
a Colorado limited liability limited partnership
By: CORUM BUFFALO RIDGE LLC,
a Colorado limited liability company,
General Partner
By:
Pes Managing Member
By: WINTERGREEN HOMES - BUFFALO RIDGE LLC,
a Colorado limited liability company,
General Partner
Manager
FORDABLE BUSING CORPORATION,
BUFFALO RIDGE
Ajr
a Colorado non-pr corporation
By:
THE TOWN:
TOWN OF AVON, a Colorado municipality,
by and through its Council
By:
Name:
Title:
528331.2 B-2
ESCROW AGENT:
STEWART TITLE OF VAIL, INC.,
a Colorado corporation
By:
ed Agent
528331.2 B-3
Exhibit 1
to Schedule B of
Escrow Agreement
Subdivision Improvements Agreement
(See attached document)
528331.2
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this I P day of April, 2002, is
by and among BUFFALO RIDGE AFFORDABLE HOUSING CORPORATION, a
Colorado nonprofit corporation and BUFFALO RIDGE II LLLP, a Colorado limited
liability limited partnership (collectively "Subdivider"), and the TOWN OF AVON, a
Colorado municipality, by and through its Council (the "Town").
RECITALS
WHEREAS, Subdivider, in connection with the approval of the final plat for The
Village (at Avon) Filing 2, consisting of approximately 138.469 acres in Section 12, T. 5
S., R. 82 W. and Section 7, T. 5 S., R. 81 W., of the 6th P.M., Town of Avon, Eagle
County, Colorado (the "Subdivision"), desires to enter into a Subdivision Improvements
Agreement with the Town as provided for by Section 16.24.100 of the Avon Municipal
Code, as amended (the "Code"); and
WHEREAS, pursuant to the Code, the Town desires to make reasonable
provisions for completion of certain public improvements (the "Improvements") set forth
in Exhibit A attached hereto and incorporated herein by reference; and
WHEREAS, the Subdivider is responsible for the performance and completion of
the Improvements and the parties desire to set forth their agreement with regard to
compliance with the same; and
WHEREAS, the Town and Subdivider are parties to those certain bond issuance
and HUD insured financing documents ("HUD Financing") pertaining to the financing
and construction of the Buffalo Ridge Apartments.
AGREEMENT
NOW THEREFORE, in consideration of the following mutual covenants,
conditions and promises, the parties hereby agree as follows:
1. Final Plat Approval. The Town agrees that upon compliance with all
other conditions of approval, and subject to the terms and conditions of this Agreement,
the Final Plat of The Village (at Avon) Filing 2 ("Final Plat") shall be promptly filed for
record with the Office of the Eagle County Clerk and Recorder.
2. Completion of Work.
(a) Performance. Subdivider agrees to furnish all equipment, labor
and material necessary to perform and complete, in a good and workmanlike manner, all
improvements and work incidental thereto as set forth in Exhibit A. Subdivider further
1111 Jill I 111111111 '11111, 11 796832
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Sara J Fisher Eagle, CO 69 R 80.00 D 0.00
M
agrees that it will be responsible for all costs of Improvements. All said work shall be
performed in accordance with the construction plans and specifications as submitted to
and approved by the Town prior to commencement of construction of Improvements. All
Improvements shall be completed within twenty-four (24) months of the date of the
Town's approval of the Final Plat for the Subdivision.
(b) Inspection Procedures.
(1) All work shall be done under the inspection procedures and
standards established by the Town, shall be subject to the reasonable satisfaction of the
Town and shall not be deemed complete until the reasonable approval and acceptance of
the Improvements by the Town.
(2) Designation of Inspectors. Prior to commencement of
construction work on the Improvements, the Town shall designate the individuals or
independent third parties employed by the Town who are authorized to inspect the
construction of the Improvements. Such inspections by the Town shall not relieve
Subdivider or its agents from any responsibility or obligation to assure that all work is
completed in conformance with all standards, plans and specifications as submitted to
and previously approved by the Town.
(3) Cost of Inspections. The cost of such inspections, whether
by Town employees or an independent third party inspector, shall be paid by Subdivider
and subject to the limitations set forth in paragraph 8 below.
(4) Notice of Non-Compliance. In the event that the Town,
through the inspectors, reasonably determines that the Improvements are not in
compliance with the pre-approved construction plans and specifications, it shall give
written notice of such non-compliance to Subdivider ("Notice of Non-Compliance").
The Notice of Non-Compliance shall include a narrative describing the unsatisfactory
construction work with specific reference to the applicable construction plans and
specifications. The Notice of Non-Compliance must be provided to Subdivider within
two (2) working days of the date of the inspection.
3. Security for Completion of Improvements.
(a) Securi . To secure completion of the Improvements, Subdivider
hereby agrees to secure its respective obligations under this Agreement with Collateral in
accordance with Section 16.24. 100 of the Code. Collateral shall be one or a combination
of the following: cash or its equivalent; securities of acceptable value; letter of credit;
bond (for warranty period only); and land of acceptable value by deed of trust.
(b) Substitution of Security. Subdivider may substitute another form
of collateral acceptable to the Town in place of the forms of security set forth above in
order to guaranty the faithful completion of the Improvements and the performance of the
terms of this Agreement.
1111111111111111 1111,1111 79611,32
514415.8 I Page: 2 of 16
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Sara J Fisher Eagle; CO 89 R 80.00 D 0.00
4. Subdivider Improvements.
(a) Security for Completion of Subdivider's Improvements.
Subdivider shall deliver to the Town irrevocable letter(s) of credit issued by a reputable
financial institution or other collateral acceptable to the Town and consistent with Section
16.24.100 of the Code in an amount equal to one hundred percent (100%) of the
estimated cost of completion of Subdivider's Improvements set forth on Exhibit B. The
Town hereby acknowledges that the Final Plat for the Subdivision may be recorded prior
to the closing of the HUD Financing, but Subdivider acknowledges and agrees that if the
HUD Financing has not closed and the letter(s) of credit or other collateral. acceptable to
the Town has not been delivered to the Town within 15 days after recordation of the Final
Plat for the Subdivision, either Traer Creek LLC ("Traer Creek"), a Colorado limited
liability company, the current owner of the real property covered by the Final Plat of the
Subdivision or the Town shall have the unilateral right to vacate the Final Plat for the
Subdivision.
(b) Progress Payments on Subdivider's Improvements. Subdivider
agrees that a separate schedule of values for the Improvements shall be included in the
construction contracts for the Buffalo Ridge Apartments. The Subdivider may make
progress payments to its contractors on a monthly basis upon (i) the partial completion of
itemized improvements for which cost estimates have been set forth in Exhibit B and
upon written request to the Town including an itemized statement and certification of the
Subdivider of completion and acceptance of itemized improvements by Subdivider's
engineer, and (ii) the written approval of the Town or its designee; provided, however, if
the Town fails to respond to a disbursement request within seven (7) days such request
will be deemed approved. The itemized statement and certification by the Subdivider
shall certify that all work for which progress payments have been requested has been
completed in accordance with the approved plans and specifications. Upon the approval
of such progress payments, the amount of collateral shall be reduced by the amount of
such payment; provided, however, that in no event will any such reduction cause the
amount of remaining collateral to be less than an amount equal to one hundred percent
(100%) of the estimated costs of completion of all remaining Subdivider's Improvements.
Such progress payments shall be disbursed to the contractor in accordance with the
construction contract executed for the construction of the Improvements and approved in
connection with the HUD Financing; provided, however, retainage of ten percent (10%)
shall be withheld with respect to all disbursements until the Improvements have been
completed. Upon completion of all work related to Subdivider's improvements and the
Town's acceptance of the completion of Subdivider's Improvements, the entire amount of
remaining collateral, less the amounts or other security described in paragraph 5, shall be
released.
(c) Default by Subdivider. In the event of a default in whole or in part
by Subdivider, the Town shall be authorized to take all such actions necessary or
desirable to enforce its rights hereunder for the purpose of undertaking completion or
remediation work on the Improvements after providing thirty (30) days' advance written
111111111111111111111111, 111 796832
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notice of default and providing an opportunity during such period for Subdivider to cure
the default.
5. Warranty Period. The Improvements shall be warranted to be free from
defects in workmanship or quality for a period of one (1) year after acceptance of all the
work by the Town. In the event of any such defect, the Town may require Subdivider to
correct the defect in material or workmanship. The amounts for completion of all
warranty work on Subdivider's Improvements shall be secured by a dual obligee bond
("Bond") in form approved by the Town, from the subcontractor constructing the
Improvements, naming Subdivider and Subdivider's prime contractor as obligees, in the
amount of one hundred percent (100%) of the cost of such corrective work, to be held by
the Town during such one (1) year warranty period, as a guaranty of performance of any
work required under the above-described warranty. In the event any corrective work is
performed during the one (1) year warranty period then the warranty on said corrected
work shall be extended for one (1) year from the date on which it is completed. The
Bond shall be maintained for the entire warranty period.
6. Condition of Public Dedicated Roadways. The Subdivider shall at all
times prior to acceptance of any publicly dedicated roadways within the Subdivision by
the Town give good and adequate warning to the traveling public of each and every
known dangerous condition existent in said roads and shall protect the traveling public
from such defective or dangerous conditions. Until the completion of all the
Improvements herein agreed to be constructed, roads not accepted as improved shall be
under the charge and control of the Subdivider for purposes of this Agreement; and the
Subdivider may close all or a portion of any street or road within the Subdivision
whenever it is necessary to protect the traveling public during the construction or
installation of the Improvements herein agreed to be made.
7. Engineering Certification. Upon completion of portions of the
Improvements, Subdivider will cause its engineers (who shall be registered in the State of
Colorado) to certify in writing that the installation of the Improvements, or portions
thereof as may be completed from time to time, have been completed in conformance
with all standards, plans and specifications as submitted to and previously approved by
the Town. Inspection reports, test results and other supporting documentation shall be
submitted with the certification.
8. Subdivision and Inspection Fees. Fees in accordance with the Town's
Subdivision Regulations for the review of Preliminary Plans and Final Plats have been
paid in full. Additional fees shall be paid to the Town by Subdivider within thirty (30)
days after delivery of written invoice for such fees to cover the cost of inspections by the
Town. The fees will be based on direct (out-of-pocket) costs of the Town plus an
administrative fee in the amount of fifteen (15%) percent of the direct costs, but in no
event will the total amount of such additional fees exceed five percent (5%) of
construction costs.
x'96832
Page: 4 of 16
514415.8 Sara J Fisher Eagle, CO 89? R 80.00 05/28/2002
p001:52P
9. No Obligation of Town to Complete Improvements. Subdivider agrees
that in the event it shall fail to perform its obligations as set forth:herein, the Town shall
be under no obligation to complete or perform any of the said Improvements. No one,
individually or otherwise, other than the Subdivider, shall acquire, as a result of this
Agreement, any rights, claims or obligations from or against the Town, its agents,
employees or officers. Actions by the Town against Subdivider to enforce any provision
of this Agreement shall be at the sole discretion of the Town. No third parties shall have
any rights to require any action by the Town pursuant to this Agreement; and this
Agreement shall not create a liability on the part of or be a cause of action against the
Town, for any personal or property damage that may result to any third parties from the
failure of the Subdivider to complete the Improvements herein specified.
10. Non-Liability of Town; Indemnification. The Town shall not, nor shall
any officer, agent, or employee thereof, be liable or responsible for any accident, loss or
damage related to the work specified in this Agreement, nor shall the Town, nor any
officer, agent or employee thereof, be liable for any persons or property injured by reason
of the nature of said work. To the extent permitted by law, Subdivider hereby agrees to
indemnify and hold harmless the Town, and any of its officers, agents and employees
against any losses, claims, damages or liabilities to which the Town or any of its officers,
agents or employees may become subject, because of any losses, claims, damages or
liabilities (or actions in respect thereof) that arise out of, or are based upon, any acts or
omissions in the performance of the obligations of Subdivider, as hereinbefore stated, but
not with regard to any losses, claims, damages or liabilities to which the Town or any of
its officers, agents or employees may be subject and resulting from the Town's gross
negligence or willful misconduct. Furthermore, Subdivider shall reimburse the Town for
any and all legal or other expenses reasonably incurred by the Town in connection with
investigating or defending any such loss or claim, unless it is determined that such claim
resulted from the gross negligence or willful misconduct of the Town.
11. Rights of Town in Event of Default. In the event that Subdivider defaults
in whole or in part in the performance of this Agreement, and after the expiration of thirty
(30) days after having given written notice to Subdivider of such default during which
period of time the Subdivider failed to correct said default, the Town may, at its sole
discretion, proceed with the construction or completion of the Improvements specified on
Exhibit A. All such costs paid by the Town for such Improvements, together with all
costs of personnel, equipment and other matters expended by the Town in furtherance of
the construction responsibilities of Subdivider, shall be paid by Subdivider. Any such
costs relating to the Subdivider Improvements, which have not been reimbursed by
Subdivider, shall be a lien on any property in the Subdivision owned by Subdivider at the
time of default. Said lien may be foreclosed in the same manner as a mortgage and shall
entitle the Town to add its costs and reasonable attorneys' fees in such foreclosure or
other collection. Without limiting the foregoing, the Town may bring a mandatory
injunction action against Subdivider to require installation and construction of the
Improvements, if not constructed within the time limits described in this Agreement. If
any such action is brought by the Town, the Town shall be awarded its court costs and
reasonable attorneys' fees.
796832
514415.8 Page: 5 of 16
11111111111 -11111. 1111 # 05/28/2002 01:52P
0 RA 00 D 0.00
12. Letter Certifvine Completion and Final Acceptance of Improvements.
When all Improvements have been completed and accepted by the Town, and the
Warranty Period has expired, the Town agrees that it will issue a letter, in recordable
form, certifying that all obligations of Subdivider under this Agreement have been
satisfied.
13. Amendments. This Agreement may be amended from time to time,
provided that such amendment is in writing and signed by all parties hereto.
14. Covenants Running with the Land. This Agreement and the obligations
hereof shall be deemed to be covenants running with the land and shall be binding on the
successors and assigns of the parties hereto.
15. Acquisition of Property and Non-Liability of Traer Creek. Subdivider
hereby discloses and the Town hereby acknowledges that Subdivider does not currently
own any portion of the real property shown on the Final Plat for the Subdivision.
Subdivider has contracts to acquire portions of the real property covered by the Final Plat
contemporaneously with the closing of the HUD Financing from Traer Creek. The Town
agrees that Traer Creek shall have no liability or obligation under this Agreement and
shall look solely to Subdivider for performance hereunder upon its acquisition of title to
any portion of the real property covered by the Final Plat.
executed this Agreement as of the date first above written.
TOWN OF AVON, a Colorado
municipal corporation
By: G?
M o
BUFFALO RIDGE AFFORDABLE
HOUSING CORPORATION,
a Colorado nonprofit corporation
58 11111111111 Jill 1111111111111111
111111111 Jil7961132
1 Page: 6 of 1E
AAPP VE AS TO FORM:
To Attorneqy
Title: ??c? 'Cn?S??"1-?
BUFFALO RIDGE II LLLP,. a Colorado limited
liability limited partnership
BY: CORUM BUFFALO RIDGE LLC, a
Colorado limited liability company, General
Partner
B
-
Maa
ck, III, Managing
r
BY: W
INTERGREEN HOMES - BUFFALO
RIDGE LLC, a Colorado limited liability
company,
General Partner
(!Jeffery Span 1, Manager
The undersigned hereby consents to the execution and recording of the Final Plat
for the Subdivision and this Agreement.
TRAER CREEK LLC, a Colorado
limited liability company
By:
Name: MtAC,? N S U N o4,q ?aK
Title: MN AU M
96832
Page: 7 of 16
Sara J Fisher Eagle, 11111111111111111111111111111111111111111111111111111100 VI X
514415.8
STATE OF COLORADO )
lss.
COUNTY OF era
The foregoing instrument was acknowledged before me this 261 ?[' day of
, 2000 D-, by ud? l d
as of t o o n of Avon, a Colorado municipal
corporation. U
Witness my hand and official seal.
My commission expires: h''y com'-n ssiL '- `P!!2
! 'I
N
STATE OF COLORADO
COUNTY OF )ss.
)
The foregoing instrument was acknowledged before me this o7 ` day of
200.2 , by S VY? .
as o Buffalo Ridge Affordable IId1Y
Corporation, a Colorado nonprofit corporation. `????.??, UN . ??
Witness my hand and official seal.
z :•NOTAR y':
My commission expires: l - a - Nom' P U B L I G
Notary Public
796832
SI allrlalll 11111111111111111111 III'l 1111 05/28/2002 01:52P
i Fisher Eagle, Co 89 R 80. 00 D 0. 00
?Ar'
n w
.
8
514415.8
STATE OF COLORADO )
COUNTY OF )ss.
)
The foregoing instrument was acknowledged before me this Q, ` day of
2000- , by James G. Fitzpatrick, III, as Managing Member of
Corum Buffalo Ridge LLC, a Colorado limited liability company, General Partner of
Buffalo Ridge II LLLP, a Colorado limited liability limited partnership. .,,Iu+,,,II,,,,,.
Witness my hand and official seal.
My commission expires:
y(jR
NOTAR),t
Q 4- -0
*.PUBLIC.*
Notary Public / a?nnnun+++??
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
6 , 2000? , by Jeffery M. Spanel, as Manager of Wintergreen Homes-
Bu alo Ridge LLC, a Colorado limited liability company, General Partner of Buffalo
Ridge H LLLP, a Colorado limited liability limited partnership.
Witness my hand and official seal.
My commission expires: ? oR - A4-
Notary Public
Sara J Fisher ,,.Y ..U kOo, ?ay
I IIIIIIIIIlillll 11 lll?l69 11 ll1, ll?,96832,.=,°
:`xoTARY%
,,;.,P U B LI .'e
A
9
514415.8
STATE OF COLORADO )
)ss.
COUNTY OF EAIn L*. )
The foregoing instrument was acknowledged before me this 2SA-A day of
MME , 2002 , by MIMANVS Ur4v"%t.m
as ural cm of Traer Creek LLC, a Colorado limited
liability company.
Witness my hand and official seal.
My commission expires:
1111111111111 796832
Page: 10 of 16
05/28/2002 01:52P
Sara J Fisher Eagle, Co 89 R 80.00 D 0.00
10
514415.8
EXHIBIT A
Description of Improvements
96832
Illll,lllllllll 1111111111111111111111111111111100 ll?ll??`::.
1]
514415.8
Exhibit A
Village (at Avon) Filing 2
Subdivision Improvements Agreement
The public Improvements for the Village (at Avon) Filing 2 shall include the
following described work:
1. General, including contractor mobilization.
2. Demolition, including the removal of the gate at the westerly property
line.
3. Earthwork, which is limited to clearing, excavation and the placement
of compacted earth fill within the right of way for Swift Gulch Road.
4. Road Construction, including the preparation of the subgrade,
placement of road base, placement of asphalt paving, installation of
guardrail, installation of concrete sidewalks, roadway striping and
signage and two bus stops for Swift Gulch Road. The preparation of
the subgrade, placement of road base and placement of asphalt
paving for the bike path.
5. Drainage and Debris Flow Mitigation, including the construction of
debris retention ponds, storm water detention ponds, storm sewers,
and outlet structures. This work also includes the enclosure of the
Nottingham - Puder Ditch into a pipeline.
6. Revegetation & Erosion Control, including erosion control during
construction, and reseeding all portions of the Swift Gulch Road right
of way disturbed by this construction.
7. Utilities, including the construction of sanitary sewer and domestic
water mainlines.
8. Retaining Walls includes the construction of boulder and/or MSE
retaining walls within the Swift Gulch Road right of way.
9. Booster Pump Station includes the construction of a temporary,
above ground pump station to provide adequate domestic water
pressure and required fire flows. In the event that Traer Creek
Metropolitan District completes a "loop line" across Interstate Highway
70 connecting the easterly end of the Village (at Avon) Filing 2 water
main to the water mains on the south side of the highway in advance of
the completion of the first apartment building, this station will not be
required or constructed.
10. Construction Management includes the general contractors fee,
liability insurance and performance bond.
These improvements are more fully delineated on the construction plans on file
at the Town Office entitled FINAL PLAN, THE VILLAGE (AT AVON) FILING 2
BUFFALO RIDGE IMPROVEMENTS, dated
Sara J Fisher II II IIII IIIIIIY IIII I?IIII IIO 79683??`s..
EXHIBIT B
Cost of Improvements
IIII II?IIII I II VIII II II9 I?II II p?96?±e?z;°„P 0 0.00
12
514415.10
Wintergreen Homes
2:49 PM 5/24/2002
SIA budget / Sheet2
1 General
1.1 Mobilization
subtotal
2 Demolition
2.1 Fence & barricade removal
subtotal
3 Earthwork
3.1 Clear & Grub
t m 3.2 Topsoil - replace
N N 3.3 Excavation
., 3.4 _ Embankment
OI N
a m m subtotal.
.? gz 4' Road Construction
4.1 Subgrade prep.
4.2 Bike path subgrade prep.
co 4.3 Class 6 road base .
!M!M a 10"
d Bike path
4A Asphaltic concrete
• a 4"
W c 3" bike path
t 4.5 Guardrail
4
6 Gu
a
.
ardr
il anchorage
4.7 Trailhead parking (included in asphalt
4.8 Striping-
N
-
4.9 Signs
4.11 Sidewalk (incl prep)
4.12. Bus stop concrete paving
subtotal
5 Drainage & Debris Mitigation
5.1 Pond excavation
5.2 Pond embankment
5.3 18" HDPE
5.4 18" RCP
5.5 30" HDPE
5.6 48".HDPE
5.7 60" HDPE
5.8 18" HDPE end section
5.9 30" HDPE end section
1 LS 14, 000.00. $14,000
1 LS 4,753.00 . - $4,753
$4,753
11150 CY 1.47 $16,39t
2000 CY 7.50 $15,000
58548 CY 0.74 $43,033
72254. CY 0.56 $40,180 .
13430 SY 1.30. $17,459
4205 SY 1.30 $5,467
8047 Tons 13.09 $105,300
1245-Tons- 16.06. $20,000
3428 Tons 36:07 $123653
520 Tons 45.38 $23,598
2171 LF. 13.35 $28;987
8 EA 1,000.00 $:8,000
0 LS 0.00 $0
1 LS 17,000.00 $1.7,000.
11 EA 1,200.00 $13,200
10026 SF 6.98 $70,000
5452 SF 6.60 $351965
32942 CY 0.91 $30,000
5504 CY 1.79 $9,860
1233 LF 29.44 $36,301
94 LF 115.17 $10,826
689 LF 69.45 $47,851
379 LF 45.56 $17,268
.304 LF 101.28 $30,789
31 EA 343.16 $10,6.38
1 FA 12cn nn ---_
$11
'1.
. Village-( Avon), Filing 2
Subdivision Improvements Agreement - Exhib/t B .
Gi77, ? r r r? H > a .,
5.10 48" HDPE end section .2 EA
-5.11 Storm manholes .5 'EA
5.12 Inlets - .6 EA
5.13 Riprap 4688 Tons
5.14 Concrete headwalls 2 EA
5.15 Nottingham - Puder ditch
a 36" HDPE 843 LF
b 6' manholes 5 EA
c Slide gate 1 EA
d R/R existing 36"end sections 2 EA
e Tie to existing 24" RCP 1 EA
5.21 Detention pond outlet structure 6 EA
subtotal
6 Revegetation & Erosion Control
6.1 Erosion control . 1 LS
6.5. Silt fence. 1 LS
6.6 Seed &:mulch 5 Acre
r ,e m o subtotal
"' N c
II "o 7 Utilities
p a 7.1 Water Main
`amm a 12" DIP
m
m
b 12" bends
c Fire.hydrant assembly
d 4" water service line
e Air vac/prv manhole
ii 7.2 Sanitary Sewer 'Main
I
a 8" PVC
b Manholes
tJ, c Sanitary service lines
W subtotal
8 Retaining Walls
8.1 MSE walls
w ; 8.2 Wall Excavation
8.3 Wall backfill
I 8.4 Boulder retaining wall
4096 LF
11 EA
5 EA
15 EA
1 EA
... 5200 LF
18 EA
15 EA
6289 SF
4100 CY
2500 CY
6289 SF
Wintergreen Homes
2:49 PM 5/242002
SIA budget / Sheet2
842.00 '$1'9684
8,060.60 $15,303
2,909.33 $17,456
9.48 $44,427
5,844.50 $11,689
71.31 $60,114
3,664.00 $18.,320
1,000.00 $1,000
1,000.00 $2,000
1,000.00 $1,000
5,407.67 $32,446
2,671.00
9;562.00
3,660.00
35.75
7.45
3;815.80
2,031.93
3,650.00
20.15
2,096.67
964.73
56.44
10.03
8.22
16.38
$2,671
.
.$9,562
.$18,300
$146,432
. $82
$19,079
$30,479
$3,650
$,104.762
$37,740
$14,471
$354,935
$41,107
$20,554
$103,034
subtotal
9 Booster Pump Station
9.1 Package (above ground from EFI) 1 EA 100,000.00 $100,000
9.2 Site electrical & concrete 1 EA ' - 25,000.00 $25,000
$519,630
subtotal:
$125,000
10 Construction Managemebt
10.1 Insurance, bond & fee 1 EA 9:00% $182,985
subtotal $182,985
796834
Page: 4 of 4
05/28/2002 01:53
- 8ara J Fisher Eagi?, CO 370 R 20.00 0 0.00
'1
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
Gam,
From: Norm Wood, Town Engineer
Date: June 6, 2002
Re: The Village (at Avon) Filing 1
Proposal / Turner Collie & Braden, Inc.
Construction Management/Inspection Services
Summary: The attached Proposal from Turner Collie & Braden, Inc., is
for Construction Management/Inspection Services for The Village (at Avon) Filing 1,
public improvements construction per the Final Plat and Subdivision Improvements
Agreement. This proposal was requested in order to provide a level of assurance that
construction of the public improvements in The Village (at Avon) are constructed in
accordance with the approved plans and construction documents. This outside monitoring
is necessary because of the concurrent level of activity occurring with The Village (at
Avon) Filing 1 and Filing 2 construction in addition to the Town's capital projects and
other daily time demands. In addition the level of inspection and monitoring services
provided by the Colorado Department of Transportation is substantially less than was
originally anticipated. This reduced level of service makes it even more critical that we
utilize the services included in this Proposal. The proposed services include periodic
observation of construction activities, material testing review and assurance testing if
required, review and evaluation of potential corrections and changes, attendance at
construction progress meetings, review of pay request applications, and other related
activities as required to support the administration and monitoring of construction
activities required by the Final Plat and Subdivision Improvements Agreement. The
Estimated cost of these services is not to exceed $78,539.57 without prior written
approval. The Town will be reimbursed for the full cost of these services as stipulated in
the Subdivision Improvements Agreement.
Approval of the Turner Collie & Braden, Inc., Proposal for Construction
Management/Inspection Services for The Village (at Avon) Filing 1 public improvements
construction in accordance with the Final Plat and Subdivision Improvements Agreement
with an estimated cost not to exceed $78,539.57 without prior approval is recommended.
L\Engineering\Avon VillageTiling ITinal Plat\Agreernents\TC&13, Inc Proposal MemO.Doc
Recommendations: Approve the Turner Collie & Braden, Inc., Proposal
for Construction Management/Inspection Services for The Village (at Avon) Filing 1
public improvements construction in accordance with the Final Plat and Subdivision
Improvements Agreement with an estimated cost not to exceed $78,539.57 without prior
approval.
Town Manager Comments:
IAEngineering\Avon VillageTiling ITinal Plat\Agreements\TC&l3, Inc Proposal Memo.Doc
Town of Avon
Village (at Avon) Filing 1
Scope of Services
1. PROJECT DESCRIPTION
The Village of Avon - Filing 1 is a commercial project being built North and South of I-
70. Public improvements will be a part of this project. Included in the improvements are
the following:
Earthwork, which entails clearing, excavation and the placement of compacted
fill for the I-70 Interchange and Post Blvd.
Road Construction, including the preparation of subgrade, placement of road
base, placement of asphalt paving, installation of guard rail, installation of
concrete sidewalks, roadway striping and signage.
Drainage and debris flow mitigation, including the construction of retention
ponds, storm sewers and outlet structures.
Re-vegetation and Erosion Control, including measures control during
construction, and re-seeding all portions of the right of way disturbed by
construction.
Utilities, Including the construction of sanitary sewer and domestic waterlines.
During the construction of these public improvements, Turner Collie & Braden is pleased
to offer the following construction management services:
II. CONSTRUCTION MANAGEMENT TASKS
A. Construction Management/Inspection Services
Provide a Project Engineer with the following construction management
and inspection support:
1. Construction Coordination: Attend the Contractors Weekly scheduling
meetings where issues which are impacting progress, the cost to complete the
work, and significant situations encountered related to the construction of the
Project will be discussed. Meeting minutes will be reviewed to evaluate the
impact of items discussed, decisions reached, direction given, and actions to
be taken.
TurnerCollieOBraden Inc.
Engineers • Planners • Project Managers 1
2. Review of Construction for Conformance with Plans and
Specifications: Monitor the Contractor's construction activities with respect to
the contract documents and relevant schedule submittals governing the
performance of the work. Coordinate with the designer during construction
with recommendations regarding revisions to the plans.
3. Processing of Shop/Working Drawings Submitted by the Contractor:
Submittals, design drawings, shop drawings, materials, and test procedures
received from the Contractor will be reviewed for conformance to the
approved plans.
4. Daily Quality Control Inspection: Perform as-needed quality control
inspections of construction activities to document construction activities
performed and assessment of conformance with the contract documents.
Inspection items will include those identified for the project.
5. Quantity Control: Contractor' pay request will be reviewed for
consistency with actual work completed, a synopsis of this review will be
forwarded to the Town for its use.
6. Project Documentation: Daily diaries will be completed to document
all problems and events that occur during the inspector's time on the project.
Diaries will include details of work in progress, labor and equipment utilized,
acceptability of materials used, problems encountered, and contacts with or
directions issued to the contractor.
B. Post Construction Support
1. Completion Inspection and Punch List: Conduct a final inspection with
the Contractor upon substantial completion. The result of this inspection is
the development of a punch list of remaining and/or outstanding work to be
performed by the Contractor prior to final project acceptance.
2. As-Construction Drawings: Review for completeness full sized as-
constructed-drawings prepared by the Contractor.
3. Completion Inspection and Close-Out: Following the completion of
all punch list items by the Contractor, conduct a final inspection with
representatives from the Contractor, to confirm the completion of all work.
The result of this inspection will constitute final project acceptance and
initiation of the Contractor's warranty period for the work.
TurnerCollieOBraden Inc.
Engineers • Planners • Project Managers 2
III. DELIVERABLES
Deliverables generated during the project will include the following and will be
submitted throughout the duration of the project, or at specific dates commensurate with
the deliverable:
1. Project correspondence generated and received during the project.
2. The Contractor will be responsible for submitting certifications to the
inspector, these will be reviewed and forwarded to the Town of Avon for
their records.
3. Construction management records generated including minutes of meetings,
project diary, inspection reports, and other documentation as prepared during
the course of construction in accordance with The Town of Avon
requirements.
IV. ADDITIONAL SERVICES
Additional construction management services are available if the Town so chooses, they
include but are not limited to the following tasks:
A. Review of Contractor's Traffic Control Plan
During construction, monitor the Contractor's approved traffic control
plan for implementation of traffic signing, barriers, and other traffic
control measures. Relocations and adjustments to detours will be
coordinated with the Contractor, Town of Avon, and other impacted
agencies.
B. Check Surveying
Provide quality control surveying and quantity verifications as needed.
(The Contractor is responsible for performing all surveying required to
properly lay out and construct the work covered under this contract.)
C. Quantity Control
Quantities of work elements constructed will be measured and recorded to
support the preparation and processing of progress pay estimates to the
Contractor. Quantities will be documented in an interim quantity book for
tracking of quantities constructed as compared to the original design
quantities on the project. Quantities of work will be agreed upon with the
Contractor and then reflected in monthly progress payment requests.
Assist the Town of Avon in resolving disputes in quantities with the
Contractor prior to the preparation of the pay estimate.
D. Contaminated Material Notification
Monitor construction operations and notify the Town of Avon
immediately should contaminated material be encountered or developed
TurnerCollieOBraden Inc.
Engineers • Planners • Project Managers 3
on the project. When such material is identified, procedures developed by
the Contractor to mitigate the problem will be reviewed and a
recommendation provided.
DESIGN SUPPORT SERVICES
Provide design support on an as-directed basis to the Town Engineer and the Town of
Avon to provide the following:
A. Responses to Contractor
Respond to Contractor request for information, field clarifications, and
value engineering proposals.
B. Design and Documentation
New or revised design drawings of specifications as necessary and assist
the Town of Avon in the preparation of documentation for contract
amendments.
C. Cost Estimates
Cost estimates for all proposed changes.
D. Emergency Field Inspections
Designers can perform emergency field inspections on an as needed basis
to respond to field conflicts or engineering clarifications.
PROJECT MANAGEMENT
A. Progress Reports
Prepare monthly progress reports for the Town of Avon documenting
project progress, conformance with Contractor's schedule, status of
change orders, and potential/ongoing problems.
B. Change Orders
Prepare project change orders and minor contract revisions.
C. Project Coordination
Track project costs and coordinate project personnel including surveyors
and material testers.
D. Certified Payroll
Review certified payroll documentation provided by the Contractor and
conduct random interviews of Contractor employees to determine if the
Contractor is in conformance with EEO policies.
TurnerCollieOBraden Inc.
Engineers • Planners • Project Managers 4
Cost Estimate
Project:
Location:
Firm Name:
Name of Preparer:
Phone No.:
Scope of Work Date:
Type of Proposal:
Contract Time:
Estimated Beginning Date:
Village (at Avon) Filing 1
Avon, CO
TurnerCollie & Braden Inc.
Joseph E. Bair
(970) 945-5351
24-May-02
CPM
360
3-Jun-02
Multiplier = 2.915
LABOR DISCIPLINE
Hourly Work
Name Classification Rate' Hours Total
Joseph E. Bair Principal $41.35 320 $13,232.00
Nicholas Senn Project Manager $34.37 320 $10,998.40
Kae McDonald Document Coordinator $17.50 76 $1,330.00
0 $0.00
$0.00 0 $0.00
TOTAL DIRECT LABOR 716 $25,560.40
TOTAL LABOR, INDIRECT COSTS AND FEE (MULTIPLIER 2.915)
OTHER DIRECT COSTS (DIRECT NON-LABOR EXPENSES)
This number for estimate purposes only, actual costs incurred are billed as directs
Reproductions
Xerox Copies - B & W 1,200 Each @ $0.10 $120.00
Xerox Copies - Color 0 Each @ $2.00 $0.00
Plan Reproduction 0 SF $0.08 $0.00
Lodging 0 Months $1,200 $0.00
Per Diem 0 Weeks $100 $0.00
Mileage 8,320 Miles @ $0.43 $3,536.00
CADD Time 0 Hours @ $14 $0.00
Deliveries 10 Each @ $15.00 $150.00
Office Supplies 1 Lump Sum @ $25.00 $25.00
Field Supplies 1 Lump Sum @ $100.00 $100.00
Telephone 4 Months $25.00 $100.00
TOTAL OTHER DIRECT COSTS
OUTSIDE SERVICES, Vendors
Yeh & Associates $0.00
Testing will be billed on a per test basis, not to exceed this amount.
subcontract administration @ 10% $0.00
TOTAL OUTSIDE SERVICES COSTS
TOTAL CONTRACT COSTS
I declare that to the best of my knowledge the statements made on this document are true and complete and that
wage rates and other proposed costs on this contract are accurate and complete and include no unallowable or
duplicate costs and that I am a Senior Project Manager and a duly authorized representative of the fine of:
TurnerCollie & Braden Inc.
1319 Grand Ave.
Glenwood Springs, CO 81601
Joe Bair
'&?-
(Typed Name) gnature)
g Mo.,4 o, ooa
(D to Signed)
$74,508.57
$4,031.00
$0.00
$78,539.57
taskhour
Avon Filing #1
PROJECT PERSON-HOUR ESTIMATE
Principal Project Project Field Word TOTAL
TASK Manager Engineer Inspector Proc. HOURS
Task Group 1. Construction Oversight -
1.1 _Coordinatio_n/Weekly meetings _ 80 80 0_ 30 190
1.2 Coordination/Shop drawing & CMO Recommendations 40 40 26 106
1.3 Quality Control Inspection
130 130 0 _
260
1.4 Review pay requests 20 20 20 60
1.5 'Project Documentation 24 24 48
1.6 Final Inspection and punchlist 20 20 40
1.7 A. built review 6 6 12
Sub Consultants _
0
- - - 0
-- 0
- _
0
SUBTOTAL 0 320 320 1 0 76 716
I i
0
0
0
?- -- - - -
SUBTOTAL 0 0 I 0 0 0 0
0
0
-- - 0
-
SUBTOTAL 0 0 1 0 0 0 0
I i
TOTAL 0 320 320 0 1 76 716
Page 1
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Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Norm Wood, Town Engineer?
Anne Martens, Assistant Tow Engineer ?\
Date: June 6, 2002
Re: Eagle River Recreation Path II
Site Resource Management, Inc. - Construction Contract
Summary: Three Bids were received in response to our Advertisement for
Bids for the Eagle River Recreation Path II Project. The three bids received ranged from
$443,275.30 to $639,947.00, with an engineer's estimate of $514,987.00. These Bids are
summarized on the attached Bid Summary Sheet. Site Resource Management, Inc., submitted
the Low Bid of $443,275.30. We have reviewed the Bid submitted by Site Resource
Management, Inc. and find it to be reasonably consistent with the Engineer's Estimate and the
other Bids received. We do not see any unreasonable discrepancies in the various unit prices
to indicate potential problems or an unbalanced bid. The bid bond submitted with the Low
Bid was $10,000, due to a mistake by the Bonding Company. This has been replaced with a
bond exceeding the required amount. This provides adequate assurance that the contractor
will enter into the contract in compliance with the contract documents. We recommend
council accept this non-conformance in the Bid and award the contract to Site Resources
Management, Inc., the low bidder.
An alternate railing was bid and is recommended as part of the award of contract. The
standard railing was a modification to the railing installed on the Nottingham Road Bike Path.
The alternate railing that was bid is the same railing that was installed on the Eagle River
Recreation Path. The alternate railing will increase the contract amount by $19,168.00 to
$462,443.30. The alternate railing will match all of the railing installed on the Eagle County
trail system from Arrowhead to Avon. Attached are the railing details.
I:\Engineering\CIP\Eagle River Rec II\4.0 Construction Docs\4.4 Construction Contract\Memo Bid Award.Doc
The proposed Total Budget for this Project is as follows:
Construction Contract (with alt. no. 1) $462,443
Surveying / Mapping $ 11,100
Preliminary Design $ 19,950
Final Design $ 48,530
Contract Administration $ 10,800
Testing Services $ 5,000
Easement - Legal/ Title / Appraisals $ 5,000
Administration $ 5,000
Landscaping ERWSD parcels $ 15,000
Contingency (16%) $112,177
$695,000
This project has received two grants for construction. Eagle County Trails awarded a grant for
construction in the amount of $350,000. Colorado State Trails also awarded this project a
construction grant in the amount of $136,040. Funding for this project is as follows:
Eagle County ECO Grant $350,000
Colorado State Trails GOCO Grant $136,040
Eagle River Water & Sanitation District $ 70,000
TOA $138,960
Total Project Budget $695,000
We recommend approval of the Bid submitted by Site Resource Management, Inc., including
Bid Alternate No. 1, in the amount of $ 462,443.30 for construction of the Eagle River
Recreation Path H Project.
Recommendations: Approve Bid submitted by Site Resource Management,
Inc., including Bid Alternate No. 1, in the amount of $ 462,443.30 for construction of the
Eagle River Recreation Path II Project.
Alternatives: 1. Approve Bid submitted by Site Resource Management,
Inc., without Bid Alternate No. 1, in the amount of $443,275.30 with a corresponding increase
in Project Contingency Item to $131,345.
2. Reject Low Bid Submitted by Site Resources
Management, Inc. due to non-conforming Bid Bond and award Contract to Second Low
Bidder, Reynolds Corporation, including Bid Alternate Number 1, in the amount of
$545,456.79 with a project contingency of $29,163.
I:\Engineering\CIP\Eagle River Rec II\4.0 Construction Docs\4.4 Construction ContractWemO Bid Award.Doc 2
3. Reject Low Bid Submitted by Site Resources
Management, Inc. due to non-conforming Bid Bond and award Contract to Second Low
Bidder, Reynolds Corporation, in the amount of $529,690.44 with a project contingency of
$44,930.
Town Manager Comments:
I:\Engineering\CIP\Eagle River Rec II\4.0 Construction Docs\4.4 Construction Contract\Memo Bid Award.Doc
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Memo
To:
Thru:
Honorable Mayor and Town Council
Bill Efting, Town Manager '0 ;e'--
From: Norm Wood, Town Engineer ??Ze?
Anne Martens, Assistant Town Engineer
Date: June 5, 2002
Re: East Avon Access & Circulation Streetscape Improvements
Proposal / Terrasan, Planning & Landscape Architecture, Inc.
Landscaping Construction Administration Services
Summary: The attached proposal for Landscaping Construction
Administration Services for the East Avon Access & Circulation Streetscape
Improvements was submitted by Terrasan, Planning & Landscape Architecture, Inc. The
proposed services will include construction observation, verification of progress and
quantity of landscaping material and other related activities as required for efficient
administration of the construction project. The proposed costs of these services is not to
exceed $6530 without prior written approval. The cost of these services is included in the
current Project Budget under Testing Services. The effect of this Proposal is reflected in
the following Project Status.
Ap proved Project Budget Project Status
Construction Contract $2,259,987 $2,259,987
Change Order No. 1 $ 16,234
Change Order No. 2 $ (1,754)
Change Order No. 3 $ 1,423
Change Order No. 4 $ 26,120
Engineering Design $ 75,000 $ 75,000
Appraisals $ 35,000 $ 26,500
Legal $ 30,000 $ 30,000
Contract Administration $ 80,000 $ 80,000
Landscaping CA $ 6,530
Testing Services $ 30,000 $ 23,470
Administration $ 15,000 $ 15,000
Easements & R/W $ 349,430 $ 349,430
Contingencies @ 1.5% $ 42,732 $ 9,209
Total Proposed Budget $2,917,149 $2 ,917,149
1AEngineering\CIP\East Avon\2.0 Contract Services\2.8 Contract Admin\2.8.3 Service Contracfferrasan Menio.DOc
Approval of Terrasan, Planning & Landscape Architecture, Inc. proposal for Landscaping
Construction Administration Services for the East Avon Access & Circulation
Streetscape Improvements is recommended with an estimated cost not to exceed $6530
without prior written approval is recommended.
Recommendations:
Approve the Terrasan, Planning & Landscape
Architecture, Inc. proposal for Landscaping Construction Administration Services for the
East Avon Access & Circulation Streetscape Improvements is recommended with an
estimated cost not to exceed $6530 without prior written approval is recommended.
Town Manager Comments:
L\Engineering\CIP\East Avon\2.0 Contract Services\2.8 Contract Admin\2.8.3 Service Contract\Terrasan Memo.Doc 2
TERRASAN
PLANNING AND LANDSCAPE ARCHITECTURE
May 30, 2002
Ms. Anne Martens
Town of Avon
PO Box 975
Avon, CO 81620
RE: East Avon Streetscapes Phase I / Request for Additional Services
Dear Anne:
Terrasan is requesting approval of the following additional services to our contract for
landscape architectural design for the East Avon Streetscape Project. Terrasan will
perform construction observation services as defined below. Terrasan will perform
these services on a time and materials basis.
1. Terrasan shall provide construction observation services as requested by the
Owner or Engineer. Terrasan shall become familiar with the progress and quality
of the work and make certain that the work is proceeding in strict accordance
with the requirements and intent of the Construction Documents. Terrasan will
prepare and submit to the Owner's representative written reports relating to all
field observation.
2. Terrasan shall not be responsible for construction means, methods, techniques,
sequences, construction schedule, or procedures in connection with the work,
and Terrasan shall not be responsible for the contractor's errors and omissions
or failure to carry out work in accordance with the Construction Documents.
The estimated hours are:
Principal/Project Manager 40.0 hours x $105.00 $4,200.00
Landscape Architect 20.0 hours x $55.00 $1,100.00
Clerical 12.0 hours x $40.00 $480.00
Reimbursable Expense Allowance 750.00
Total $6,530.00
We request approval for additional services in the amount of Six Thousand Five
Hundred Thirty Dollars ($6,530.00) including reimbursable expenses.
Please sign a copy of this request and return it for our files.
1660 GILPIN STREET DENVER, COLORADO 80218 TEL (303) 331-1717 FAX (303) 331-1815
Ms. Anne Martens/Town of Avon
APPROVAL OF ADDITIONAL SERVICES
This agreement is made between the client:
May 30, 2002
And:
f
Date
G/ 3pt?-Z.-,
George M. Piero6) President Date
for and on behalf of
Terrasan, Planning & Landscape Architecture, Inc.
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager,'?'-
From: Norman Wood, Town Engineer //V
Anne Martens, Assistant Town Engineer
Date: 6/5/2002
Re: Resolution No. 02 - 29, Approving the Final Plat, A Resubdivision of Lot 42 and Lot
43, Block 4, Wildridge, Town of Avon, Eagle County, Colorado
(5101 and 5113 Longsun Lane)
Summary: TS Properties, Inc., owner of Lot 42 and Lot 43, Block 4, Wildridge, have
submitted a Final Plat to resubdivide Lot 42 and Lot 43, Block 4, Wildridge, Town of Avon,
Eagle County, Colorado. This is a Land Subdivision of the two undeveloped fourplex lots,
creating three duplex-family lots. The Subdivision is in conformance with the Title 16 of the
Avon Municipal Code, Subdivisions.
Recommendations: Staff recommends approval of Resolution No. 02 - 29, Series
of 2002, A Resolution Approving the Final Plat, a Resubdivision of Lot 42 and Lot 43, Block 4,
Wildridge, Town of Avon, Eagle County, Colorado, subject to approval of Ordinance No. 02-
11 approving an amendment of the Wildridge Planned Unit Development for Lot 42 and Lot
43, Block 4, Wildridge and completion of technical corrections to be approved by staff.
Town Manager Comments:
C0-1 C4V
l
I:\Eng ineering\Subdivision\W ildridge\L4243B4W R.doc
TOWN OF AVON
RESOLUTION NO. 02 - 29
Series of 2002
A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 42
AND LOT 43, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY,
COLORADO.
WHEREAS, ASE, Inc., has submitted a Final Plat for a Resubdivision of Lot 42 and Lot 43,
Block 4, Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, the Final Plat has been reviewed by the Town Staff; and
WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the
Avon Municipal Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration as a
Final Plat.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Final Plat for A Resubdivision of Lot 42 and 43, Block 4, Wildridge, Town
of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to:
Approval of Ordinance No. 02- 11 approving an amendment of the Wildridge
Planned Unit Development for Lot 42 and Lot 43, Block 4, Wildridge.
2. The completion of technical corrections as identified by Town Staff.
ADOPTED THIS DAY OF
92002.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Patty McKenny, Town Clerk
I:\Engineering\Subdivision\W ildridge\L4243 B4 WRres0229. doc
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager 0 i_
From: Norman Wood, Town Engineer`?&
Anne Martens, Assistant Town Engineer
Date: 6/5/2002
Re: Resolution No. 02 - 30, Approving the Final Plat, A Resubdivision of Lot 10 and Lot
11, Block 2, Wildridge, Town of Avon, Eagle County, Colorado
(2877 and 2861 O'Neal Spur)
Summary: Dantas Builders, LLC, owner of Lot 10 and Lot 11, Block 2, Wildridge, has
submitted a Final Plat to resubdivide Lot 10 and Lot 11, Block 2, Wildridge, Town of Avon,
Eagle County, Colorado. This is a Land Subdivision of two undeveloped Duplex lots, creating
three Single Family Lots. The Subdivision is in conformance with the Title 16 of the Avon
Municipal Code, Subdivisions.
Recommendations: Staff recommends approval of Resolution No. 02 - 30, Series
of 2002, A Resolution Approving the Final Plat, a Resubdivision of Lot 10 and Lot 11, Block 2,
Wildridge, Town of Avon, Eagle County, Colorado, subject to approval of ordinance No. 02-
12 approving an amendment of the Wildridge Planned Unit Development for Lot 10 and Lot
11, Block 2, Wildridge and the completion of technical corrections to be approved by staff.
Town Manager Comments:
,L Go-1 cWoo,
I:\Engineering\Subdivision\Wildridge\L1011 BMR.doc
TOWN OF AVON
RESOLUTION NO. 02 - 30
Series of 2002
A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 10
AND LOT 11, BLOCK 2, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY,
COLORADO.
WHEREAS, Dantas Builders, Inc. has submitted a Final Plat for a Resubdivision of Lot 10 and
Lot 11, Block 2, Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, the Final Plat has been reviewed by the Town Staff, and
WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the
Avon Municipal Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration as a
Final Plat.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Final Plat for A Resubdivision of Lot 10 and Lot 11, Block 2, Wildridge,
Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to:
Approval of Ordinance No. 02-12 approving an amendment of the Wildridge
Planned Unit Development for Lot 10 and Lot 11, Block 2, Wildridge.
2. The completion of technical corrections as identified by Town Staff.
ADOPTED THIS DAY OF
92002.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Patty McKenny, Town Clerk
1:\Engineering\Subdivision\Wildridge\L1011 B2WRres0230.doc
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager ?-
From: Norman Wood, Town Engineer
Anne Martens, Assistant Town Engineer
Date: 6/5/2002
Re: Resolution No. 02 - 31, Approving the Final Plat, A Resubdivision of Lot 47 and Lot
48, Block 1, Wildridge, Town of Avon, Eagle County, Colorado
(2420 and 2430 Saddle Ridge Loop)
Summary: Tom Marcin and Dantas Builders, LLC., owners of Lot 47 and Lot 48, Block 1,
Wildridge, have submitted a Final Plat to resubdivide Lot 47 and Lot 48, Block 1, Wildridge,
Town of Avon, Eagle County, Colorado. This is a Land Subdivision of two undeveloped
duplex lots, creating three single-family lots. The Subdivision is in conformance with the Title
16 of the Avon Municipal Code, Subdivisions.
Recommendations: Staff recommends approval of Resolution No. 02 - 31, Series
of 2002, A Resolution Approving the Final Plat, a Resubdivision of Lot 47 and Lot 48, Block 1,
Wildridge, Town of Avon, Eagle County, Colorado, subject to approval of Ordinance No. 02 -
13 approving an amendment of the Wildridge Planned Unit Development for Lot 47 and Lot
48, Block 1, Wildridge and the completion of technical corrections to be approved by staff.
Town Manager Comments:
Co-7 6-
Yv
I:\Engineering\Subdivision\Wildridge\L4748B1 WR.doc
TOWN OF AVON
RESOLUTION NO. 02 - 31
Series of 2002
A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 47
AND LOT 48, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY,
COLORADO.
WHEREAS, Tom Marcin and Dantas Builders LLC., have submitted a Final Plat for a
Resubdivision of Lot 47 and Lot 48, Block 1, Wildridge, Town of Avon, Eagle County,
Colorado; and
WHEREAS, the Final Plat has been reviewed by the Town Staff, and
WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the
Avon Municipal Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration as a
Final Plat.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Final Plat for A Resubdivision of Lot 47 and Lot 48, Block 1, Wildridge,
Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to:
Approval of Ordinance No. 02 - 13 approving an amendment of The Wildridge
Planned Unit Development for Lot 47 and Lot 48, Block 1, Wildridge.
2. The completion of technical corrections as identified by Town Staff.
ADOPTED THIS DAY OF
ATTEST:
Patty McKenny, Town Clerk
, 2002.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
I:\Engineering\Subdivision\Wildridge\L4748B 1 WM-es023 Ldoc
Memo
To: Honorable Mayor and Town Council
Thni: Bill Efting, Town Managerv'
From: Ruth Borne, Community Development Director"'
Tambi Katieb, Planner II
Dale June 5, 2002
Re: Amendment to the Lot C PUD Employee Housing Deed Restriction
Summary
Mountain Valley Developmental Services, Inc ("Mountain Valley") is a Colorado non-profit
corporation and a designated Community Services Board providing services for developmentally
disabled persons of all ages pursuant to the provisions of Article 10.5 of Title 27 of the Colorado
Revised Statutes.
Currently, the Lot C Deed Restriction Agreement ("Agreement") for the 20 units located at
Sheraton Mountain Vista does not allow for Mountain Valley to be considered as a qualified
buyer. Therefore, we are proposing an amendment to the Agreement to allow Mountain Valley
to purchase these units for the benefit of persons with developmental disabilities.
Jim McKnight of Points of Colorado has consented to this change as evidenced by the attached
correspondence. Mountain Valley is interested in purchasing (3) studio units. The revision to
the Agreement will allow the Town to facilitate providing housing for developmentally disabled
persons.
Recommendation
Staff recommends that you approve Resolution 02-32, amending the Lot C Deed Restriction
Agreement to allow Mountain Valley Developmental Services to purchase several units for the benefit
of program clients.
Town Manager Comments G6nc a ? 1 ? x, 5
Attachments:
A - Resolution 02-32
B - Letter from Jim McKnight
C - Overview of Mountain Valley Developmental Services
Memo to Town Council, June 11, 2002 Page 1 of 1
Re: Resolution 02 -32, An Amendment to the Master Deed Restriction Agreement for the Lot C PUD
TOWN OF AVON
RESOLUTION NO. 02-32
SERIES OF 2002
A RESOLUTION AMENDING THE MASTER DEED RESTRICTION
AGREEMENT FOR LOT C PUD ("Mountain Vista Resort "), AVON
CENTER AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, the Lot C PUD Zoning and Development Plan for Mountain Vista Resort,
Avon Center at Beaver Creek Subdivision (hereinafter referred to as "Mountain Vista")
approved by Ordinance 98-21 and Ordinance 00-02 included a requirements for 20
employee deed restricted housing units provided by the property owner, Points of
Colorado, Inc; and
WHEREAS, the Town of Avon has already adopted and entered into a master deed
restriction for the Lot C project on April 24, 2001 through Resolution 01-08 as required
that includes provisions for selling and leasing the 20 employee housing units, and that
constitute covenants running with the real property and are specifically enforceable by the
Town; and
WHEREAS, the Town of Avon may amend the Deed Restriction Agreement to allow
Mountain Valley Developmental Services, Inc., a Colorado non-profit corporation, to
purchase several of these units for the benefit of persons with developmental disabilities.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF AVON, that the
Deed Restriction Agreement For The Occupancy, Rental, And Resale of Units by the Town
of Avon and Points of Colorado, Inc. is hereby amended with the following provision:
Article 2 entitled Sale and Transfer of Units
2.1 Declarant and all subsequent owners shall restrict the sale and transfer of the Units to
"Qualified Buyers," as defined as follows:
Add subsection (f):
L Mountain Valley Developmental Services, Inc., a Colorado non-profit corporation and a
designated Community Centered Board which assists developmentally disabled persons
in obtaining normal residential surroundings in furtherance of the policy of the State of
Colorado as set forth in C.R.S. 30-28-115 (2)(a), is considered a qualified buyer by the
Town of Avon with the following stipulations:
i. So long as Mountain Valley owns a unit, each unit shall be used and occupied by
developmentally disabled persons receiving services from Mountain Valley,
and/or by one person then employed by Mountain Valley and providing assisted
living services to the developmentally disabled residents. Whenever possible,
such clients shall be employed in Eagle County, and shall work at least 30 hours
per week on an average annual basis. Clients utilizing these units shall also meet
the income qualifications as stated in Article 2, subsection (c).
ADOPTED THIS 11TH DAY OF JUNE 2002.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Patty McKenny, Town Clerk
06/05/02 17:28 FAX 4072393159 MCKNIGHT FAX
Jun-05-2002 13:50 From-TOWN OF AVON COMMUNITY DEVELOPMENT 6709495749
Town of Avon
Community Development
PO Box 975
Avon, CO $9620
Voice 970.748.4030
Fax 970.949.5749
To: \JIK4 From: K
Fax: Pages:
Prone; Date:
16001
T-517 P.001/003 F-055
AVO-K
C O L 0 R A D 0
Includes Cover Sheet
Re: CC:
? urgent
? For Review ? P!®ase Comment ? Please Reply ? As Requested
• Cownments: 1`, Q rq : ? a>:?`C1 C?IJ D 2
WA CT-A % 97o • 944. 6'140J
AEGEIVED
J U N 0 5 2002
J. WKNIGHT
OVERV><rw OF PROGRAM
Mountain Valley Developmental Services was formed in 1973 by a group of parents and
volunteers, and was incorporated as a non-profit in 1975 and designated as a Community
Center Board for the state of Colorado. Mountain Valley has since grown into a
comprehensive organization, which provides a broad array of services to children and
adults with developmental disabilities. Mountain Valley currently provides services
within the l'ollowing program areas within Eagle County:
Case Management and Support services: eligibility detennination under the provisions
of CRS 27-10.5; evaluation; the development of the Individualized Plan, case
coordination, and monitoring of services; transportation services or coordination;
coordination and monitoring of medical and dental needs and care specialized therapies
including physical therapy, speech therapy, and occupational therapy; resource
coordination to assist persons served and families in accessing other services to which
they may be entitled; assistwicc with the preservation of legal rights.
Family Support services: assistance in accessing entitlements and resource coordination;
direct financial assistance for food, shelter, and medical care; purchase of respite, after
school and clay care; an array of supportive services specifically designed to prevent out
of home placement of children identified to be at risk of placement.
Early Intervention services: assist families through the mitigation of an array cif e1'Fecls
which could potentially occur as a result of a child's developmental delays; reduce costs
to school districts.
Adult Vocational and Day Activity services: provide persons with disabilities with
opportunities to become productive wage earners; provide persons served with
opportunities for inclusion within recreation, social, and civic activities within their home
community; assist persons with disabilities in accessing the full array of supports to
which they may be entitled; assist with the preservation of legal rights.
Adult Residential services: provide persons with disabilities with skills and supports
which result in opportunities for independent living within their home community and
promote inclusion within the array of life activities available within the community;
provide housing to persons with developmental disabilities within an array of community
integrated residential sites including; group homes, host homes, supported living, and
personal care alternatives; monitor and coordinate the nutritional, medical, and dental
needs of persons served.
Supported Employment: provides the opportunity to work in a variety of integrated
settings, which are located throughout the community. Individuals served receive training
related to job development of specific skills necessary to fulfill the requirements of the
job. The job also provides assistance with the development of appropriate interpersonal
relationships with co-workers, the use of community support systems, the use of public
transportation and/or car pools, and access to recreation and social activities.
7n' A ) nn' oni ac : cT 7n . cn Nnr FgVq-qVF)-nJ 6: a T SAS Al 19 )ATV (1 N1W
Individualized placements in community settings are obtained and maintained through
intensive on-the-job training and necessary ongoing support services are provided with
the assistance of.iob coaches.
NEED FOR UOUSING:
It is a high priority to expand our residential services in the Avon and L'agle areas. We
would like to purchase additional housing units to facilitate supported living for mare
people. We want to expand services for assistance with independent living, leisure and
recreation activities. We au•e currently serving seven individuals iii cn?r residential
program. Mountain Valley has approximately 10 people on our waiting list for services
than will need housing over the next 5 years. Employee housing is a continuing concern
for all employers in the valley. One of our increasing concerns witlri expansion of services
in the Lag,lc area is making sure we have the work force to support the program.
Housing for employees as well as the individuals we serve would be very beneficial to
our success. We are hoping that your proiect will give us the opportunity.
Another issue that our agency is facing is a lawsuit that is currently pending. Several
people on the waiting list are suing the State of Colorado for services. If the state loses
this lawsuit our agency will be mandated to serve the waiting list individuals in a very
short period of time. Similar lawsuits have been tiled in several other states. Two of
those have been settled in favor ol'the plaintiff.
(%n • i i nn • nhi 3 C' - c T 7n cn Kin r FQtto-ct k-n) F: R T qAq A'q(T A q_1_1HA N I W