Loading...
TC Council Packet 07-09-2002`;yam ?= yg?' 4r 2 c 3 Y F r 4 ?? y ? y v / ? no Y Y y ? 0 g -N y ? y TOWN OF AVON REGULAR COUNCIL MEETING AGENDA July 9, 2002 - 5:30 PM 1. Call to Order / Roll Call 2. Citizen Input a. Special Events Update (Thunderbird Artist Festival / Triple Bypass Bicycle Race) 3. Public Hearing Post Boulevard Public Right of Way Annexation: a. Resolution No. 02-27, Series 2002 - A Resolution of the Town of Avon setting forth Findings of Fact and Conclusions regarding the Annexation of certain property as described in the Post Boulevard Public Right of Way Petition for Annexation. b. Second Reading Of Ordinance No. 02-09, Series 2002 - An Ordinance Concerning The Annexation To The Town Of Avon, Colorado, Of Certain Property As Described In The Post Boulevard Public Right Of Way Petition For Annexation. (Ruth Borne) Lot 6, McGrady Acres Annexation: c. Resolution No. 02-28, Series 2002 - A Resolution of the Town of Avon setting forth Findings of Fact and Conclusions regarding the Annexation of certain property as described as the Lot 6, McGrady Acres Petition for Annexation. d. Second Reading Of Ordinance No. 02-10, Series 2002, An Ordinance Concerning The Annexation To The Town Of Avon, Colorado, Of Certain Property As Described As Lot 6, McGrady Acres Petition For Annexation. Second Reading Ordinance No. 02-15, Series 2002 - An Ordinance approving Neighborhood Commercial Zoning for Lot 6 of McGrady Acres Subdivision, Town of Avon, Eagle County, Colorado. (Ruth Borne) 4. Ordinances a. First Reading - Ordinance No. 02 -17, Series of 2002 - An Ordinance Amending the Lot 61 PUD for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision (Ruth Borne) 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 JULY 9, 2002, AT 3:30 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 3:30 PM - 4:30 P.M. 1) Capital Projects Tour 4:45 P.M. - 5:00 P.M 2) Executive Session - Land Negotiations 5:00 P.M. - 5:15 P.M 3) Use Tax Discussion 5:15 PM - 5:30 PM 3) 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 Deputy Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JULY 5, 2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY 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 JULY 9, 2002, AT 3:30 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 3:30 PM - 4:30 P.M. 1) Capital Projects Tour 4:45 P.M. - 5:00 P.M 2) Executive Session - Land Negotiations 5:00 P.M. - 5:15 P.M 3) Use Tax Discussion 5:15 PM - 5:30 PM 3) 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 Deputy Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JULY 5, 2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY TOWN OF AVON REGULAR COUNCIL MEETING AGENDA July 9, 2002 - 5:30 PM 1. Call to Order / Roll Call 2. Citizen Input a. Special Events Update (Thunderbird Artist Festival / Triple Bypass Bicycle Race) 3. Public Hearing Post Boulevard Public Right of Way Annexation: a. Resolution No. 02-27, Series 2002 - A Resolution of the Town of Avon setting forth Findings of Fact and Conclusions regarding the Annexation of certain property as described in the Post Boulevard Public Right of Way Petition for Annexation. b. Second Reading Of Ordinance No. 02-09, Series 2002 - An Ordinance Concerning The Annexation To The Town Of Avon, Colorado, Of Certain Property As Described In The Post Boulevard Public Right Of Way Petition For Annexation. (Ruth Borne) Lot 6, McCrady Acres Annexation: c. Resolution No. 02-28, Series 2002 - A Resolution of the Town of Avon setting forth Findings of Fact and Conclusions regarding the Annexation of certain property as described as the Lot 6, McGrady Acres Petition for Annexation. d. Second Reading Of Ordinance No. 02-10, Series 2002, An Ordinance Concerning The Annexation To The Town Of Avon, Colorado, Of Certain Property As Described As Lot 6, McGrady Acres Petition For Annexation. e. Second Reading Ordinance No. 02-15, Series 2002 - An Ordinance approving Neighborhood Commercial Zoning for Lot 6 of McGrady Acres Subdivision, Town of Avon, Eagle County, Colorado. (Ruth Borne) 4. Ordinances a. First Reading - Ordinance No. 02 -17, Series of 2002 - An Ordinance Amending the Lot 61 PUD for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision (Ruth Borne) b. First Reading - Ordinance 02-16, Series of 2002 - An Ordinance Repealing Chapter 8.31 of Title 31 of the Municipal Code of the Town of Avon Relating to Odor Pollution (John Dunn) C. First Reading - Ordinance 02-14, Series of 2002 - An Ordinance Amending Chapter 12 of Title 13 of Title 3 of the Municipal Code of the Town of Avon Relating to the Primary Residence Exemption From the Real Estate Transfer Tax (Scott Wright) d. First Reading - Ordinance 02-18, Series of 2002 - An Ordinance Adding a Use Tax on Construction Materials (Scott Wright) 5. Resolutions 6. Unfinished Business 7. New Business 8. Town Manager Report 9. Town Attorney Report 10. Mayor Report 11. Other Business 12. Consent Agenda a. Approval of the June 25, 2002 Council Meeting Minutes b. Resolution No. 02-34, Series 2002 - An Access Easement for Lot 41, Block 1, Benchmark at Beaver Creek, Barrancas PUD, Town of Avon, Colorado C. Approval of I.G.A. with Eagle River Sanitation District 13. Adjournment Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Ruth Borne, Director of Community Development Date July 5, 2002 Re: Resolution 02-27, Series of 2002 a Resolution of the Town of Avon Setting Forth Findings of Fact and Conclusions Regarding the Annexation of Certain Property as Described in the Post Boulevard Public Right of Way Petition for Annexation Summary Resolution 02-27, Series of 2002 is designed to determine that the Colorado Revised Statues have been complied with regarding eligibility for annexation and other statutory requirements in the Petition for Annexation ("Petition") filed by Traer Creek Metropolitan District, Edinburgh Corporation, and Margaret Beyer, Personal Representative for the Estate of Jeanette L. Nottingham a/ka/ Jeanette Nottingham for the Post Boulevard Public Right of Way. Recommendation Staff recommends Town Council approve Resolution 02-27, Series of 2002 Setting Forth Findings of Fact and Conclusions Regarding the Annexation of Certain Property as Described in the Post Boulevard Public Right of Way Petition for Annexation Proposed Motion "I move to approve Resolution 02-27, Series of 2002, A Resolution of the Town of Avon Setting Forth Findings of Fact and Conclusions Regarding the Annexation of Certain Property as Described in the Post Boulevard Public Right of Way Petition for Annexation." Town Manager Comments Attachments: Resolution 02-27, Series of 2002 Memo to Town Council, July 5, 2002 Page 1 of 1 Ordinance 02-9, Annexation for Post Blvd. RESOLUTION NO. 02-27 SERIES OF 2002 A RESOLUTION OF THE TOWN OF AVON SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN THE POST BOULEVARD PUBLIC RIGHT OF WAY PETITION FOR ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the filing on May 10, 2002 of the Post Boulevard Public Right of Way Petition for Annexation (the "Petition") for a portion of certain property located. in Eagle County, Colorado, and described on Exhibit A attached hereto (the "Annexation Property"); and WHEREAS, at a meeting on the 28th day of May, 2002, the Town Council passed and adopted Resolution No. 02-21 finding substantial compliance of Petition, and setting a hearing to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and is eligible for annexation to the Town; and WHEREAS, following notice given as required by law, the Town Council has held a hearing on said annexation; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: Section 1. The Town Council hereby finds that Petition complies with the provisions of Section 31-12-107, C.R.S. Section 2. The Town Council hereby finds that, with respect to Petition, the requirements of Article II, Section 30 of the Colorado Constitution and of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met. Section 4. The Town Council hereby finds that no additional terms and conditions are to be imposed upon annexation of that Annexation Property included in the Petition. Section 5. The Town Council hereby finds that an election is not required under Sections 31-12-107(2) or 31-12-112(1), C.R.S. Section 6. The Town Council hereby finds that notice was given and a hearing was held regarding the annexation in accordance with the requirements of Sections 31-12-108 and 31-12-109, C.R.S., as applicable. Section 7. The Town Council concludes that the Annexation Property included in Petition is eligible for annexation to the Town of Avon. 544252.1 CAMALC 06/27/02 3:46 PM PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Avon held this day of , 2002. Judy Yoder Mayor of the Town of Avon, Colorado ATTEST: Patty McKenny Town Clerk 544252.1 CAMALC 06/27/02 3:46 PM PETITION FOR ANNEXATION TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: The undersigned (collectively, the "Petitioners'), in accordance with the Municipal Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as amended and as in effect on the submission date set forth below ("Annexation Act"), hereby petition ("Petition') the Town Council of the Town of Avon, Colorado ("Council"), to annex to the Town of Avon ("Town') the unincorporated territory located in the County of Eagle, State of Colorado, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference ("Pro a ). In support of this Petition, Petitioners allege that: 1. It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections -104 and -105 of the Annexation Act exist or have been met. 3. Not less than one-sixth (1/6) of the perimeter of the Property is contiguous with the Town's current municipal boundaries. 4. A community of interest exists between the Property and the Town. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town. 7. The Petitioners comprise more than fifty percent (50%) of the landowners in the Property owning more than fifty percent (50°/U) of the Property, excluding public streets, and alleys and any land owned by the annexing municipality, and the Petitioners hereby consent to the establishment of the boundaries of the Property as shown on the annexation plat submitted herewith. 8. - The Property is not presently a part of any incorporated city, city and county, or town; no proceedings have been commenced for incorporation or annexation of part or all of the Property to any other municipality; no election for annexation of the Property or substantially the same territory to the Town has been held within the twelve (12) months immediately preceding the filing of this Petition. 9. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 10. Except to the extent necessary to avoid dividing parcels within the Property held in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit, the proposed annexation will not extend the municipal boundary of the Town more than three (3) miles in any direction from any point of the current municipal boundary. 5415513 CAMALC 11. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 12. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (a) is being divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way; or (b) comprising twenty (20) acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Property without the written consent of the landowner or landowners. 13. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property. 14. The legal description of the land owned by the Petitioners is set forth underneath the name of each such Petitioner on Exhibit A, attached hereto and incorporated herein by this reference. 15. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit B and is incorporated herein by this reference. 16. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: (a) A written legal description of the boundaries of the Property; (b) A map showing the boundary of the Property; (c) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (d) Next to the boundary of the Property, a drawing of the contiguous boundary of the annexing municipality abutting the Property. 17. Petitioners have filed this Petition subject to the following conditions: (a) Petitioner Traer Creek Metropolitan District ("TCMD") have the right, with or without the consent or agreement of any other Petitioner or landowner within the Property, to withdraw this Petition by so notifying the Town Clerk in writing prior to the %dimi rAWAIr fortieth (40th) day after the effective date of the final ordinance approving annexation of the Property. (b) Prior to expiration of the period described in the foregoing subparagraph (a) without TCMD having. withdrawn the Petition, neither Petitioners, any other landowner within the Property, nor the City shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Section -113(2)(b) of the Annexation Act. 18. Except for the terms and conditions of this Petition, which terms and conditions Petitioners expressly approve and therefore do not constitute an imposition of additional terms and conditions within the meaning of Section -107(1)(g) of the Annexation Act, Petitioners request that no additional terms and conditions be imposed upon annexation of the Property to the Town. THEREFORE, Petitioners request that the Town Council of the Town of Avon, Colorado, complete and approve the annexation of the Property pursuant to the provisions of the Municipal Annexation Act of 1965, as amended. Respectfully submitted this j0day of IV aXll , 2002. Signatures of Petitioners: TRAER CREEK METROPOLITAN DISTRICT, a Colorado Special District formed pursuant to C.R.S. § 32-1-101 et_ seq. and a governmental subdivision of the State of Colorado By: 9??z 84 William J. Post, esident Date of Signature: 4-ZS-zOOZ Mailing Address: P.O. Box 640 Vail, Colorado 81658 Attn: William J. Post, Esq. 541 553 J CAMALC Resident of the Property? 3 NO EDINBURGH CORPORATION, a Texas corporation By: C. Michael owen, President Date of Signature: Mailing Address: Preeo Silverman Green. & Egle PC 1401 17'h Street, Suite 800 Denver, Colorado 80202 Attn: Robert L. Preeo, Esq. Resident of the Property? NO MARGARET BEYER, personal representative for the Estate of Jeanette L. Nottingham, a/k/a JEANETTE NOTTINGHAM, deceased By: Mar aret Byer Date of Signature: !,= go O -L Mailing Address: Meek 8t Swartz, P.C. 1824 West Street Redding, California 96001-1793 Attn: William L. Meek, Esq. Resident of the Property? NO . . 541553.3 CAMALC c EXHIBIT A TO PETITION FOR ANNEXATION Legal Description of the Property Name of Petitioner: EDINBURGH CORPORATION, a Texas Corporation PARCEL A That part of Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most easterly corner of said Lot 6; thence the following three courses along the southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a radius of 487.63 feet, a central angle of 02° 14' 5l ", and a chord that bears S76°52'36"W 19.13 feet; (2) S78°00'01"W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14 feet; thence, departing said southeasterly line, N50051'55"E 45.70 feet; thence 60.15 feet along the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a chord that bears N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425 square feet, more or less. 2. Name of Petitioner: MARGARET BEYER, as personal representative for the ESTATE OF JEANETTE L. NOTTINGHAM, a/k/a JEANETTE NOTTINGHAM, deceased PARCEL B That part of Lot 1, Nottingham Cottages P.U.D., according to the final plat thereof recorded as Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the northwesterly corner of said Lot l: thence, along the northwesterly line of said Lot 1, N78°00'01"E 19.88 feet; thence, departing said northwesterly line, S50°51'55"W 28.15 feet to the westerly line of said Lot 1; thence, along said westerly line, N09°57'00"E 13.84 feet to the point of beginning, containing 127.6 square feet, more or less. 541553.7 CAMALC A-1 PARCEL C That part of Lot 2, Nottingham Cottages, P.U.D., according to the final plat thereof recorded as Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most westerly corner of said Lot 2; thence the following three courses along the northwesterly line of said Lot 2: (1) N60052'49"E 101.94 feet; (2) 149.40 feet along the arc of a curve to the right, having a radius of 500.00 feet, a central angle of 17°07'12", and a chord that bears N69°26'25"E 148.85 feet; (3) N78°00'01"E 37.70 feet to the most northerly comer of said Lot 2; thence, along the common line of said Lot 2 and Lot 1_ of said Nottingham Cottages P.U.D., S09°57'00"W 13.84 feet; thence, depar ting said common line, S50°51'55"W 84.85 feet; thence S34°42'51"E 0.82 feet; thence 16.25 feet along the arc of a curve to the right, having a radius of 105.25 feet, a central angle of 08°50'45", and a chord that bears S60°30'44"W 16.23 feet; thence 23.27 feet along the arc of a curve to the left, having a radius of 94.75 feet, a central angle of 14°04'12", and a chord that bears S57°54'01"W 23.21 feet; thence S50°51'55"W 109.16 feet; thence 6.22 feet along the arc of a curve to the left, having a radius of 164.75 feet, a central angle of 02°09'48", and a chord that bears S49°47'01"W 6.22 feet to the southwesterly line of said Lot 2; thence the following two courses along said southwesterly line: (1) N60°25'20"W 53.87 feet; (2) N47°59'03"W 37.01 feet to the point of beginning, containing 14796 square feet, more or less. 3. Name of Petitioner: TRAER CREEK METROPOLITAN DISTRICT; as the condemning authority in legal possession pursuant to the Order of Possession entered on April 24, 2002, in Case No. 01-CV-524. PARCEL D That part of (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most easterly corner of an existing 60 foot wide Access Easement as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence the following two courses along the northeasterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS: (1) S47°59'03"E 36.78.feet; (2) S60°25'20"E 53.87 feet; thence, departing said northeasterly line, 11.11 feet along the arc of a curve to the left, having a radius of 164.75 feet, a central angle of 03 °51'47", and a chord that bears S46°46' 13"W 11.11 feet; thence 30.80 feet along the arc of a curve to the left, having a radius of 47.00 feet, a central angle of 37°33' 10", and a chord that bears S26°03'45"W 30.26 feet, to the southwesterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along said southwesterly line, 130.71 feet along the arc of a curve to the right, having a radius of 1830.00 feet, a central angle of 04°05'33", and a chord that bears N68°38'04"W 130.68 feet to the most southerly corner of said 60 foot 541557.7 CAMALC A-2 wide Access Easement; thence, departing said southwesterly line, N60°53'00"E 78.88 feet, along the southeasterly line of said 60 foot wide Access Easement, to the point of beginning, containing 5591 square feet, more or less. PARCEL E That part of (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in. Book 318 at Page 186 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most northerly corner of an existing 60 foot wide Access Easement as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along the northwesterly line of said 60 foot wide Access Easement, S60°53'00"W 79.05 feet; thence, departing said northwesterly line, N25°21'46"E 17.60 feet; thence N60°53'24"E 61.24 feet, to the northeasterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence S47°59'03"E 10.80 feet, along said northeasterly line, to the point of beginning, containing 717 square feet, more or less. 54155).) CAMALC A-3 EXHIBIT B TO PETITION FOR ANNEXATION Affidavit of Circulators The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That he was the circulator of the foregoing Petition for Annexation of lands to the Town of Avon, consisting of 10 pages including this page, and that the signatures of William J. Post and C. Michael Bowen thereon were witnessed by the. circulator and are true and original signatures of the person whose name they purport to be, and that the dates of such signatures are correct. STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) it lator The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me this 26"' day of April, 2002, by Shane Bohart. Witness my hand and official seal. My commission expires: 12/8/2004. B-1 The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That he was the circulator of the foregoing Petition for Annexation of lands to the Town of Avon, consisting of / b pages including this page, and that the signature of Margaret Beyer thereon was witnessed by the circulator and are the true and original signatures of the person whose name they purport to be, and that the dates of such signatures. are correct. Circulator STATE OF a ) ) ss. COUNTY OF Q ) The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me this day of 2002, by Witness my hand and official seal. My commission expires: WILLIAM LIE ? r Comm. 11215930 lip: 01AR P m+u? Notary Public Corm. Enph MAY 12,1003 J 341553.3 CAMALC B-2 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Managers -7,- From: Ruth Borne, Director of Community Development SO.'A-- ?--? Date July 5, 2002 Re: Second Reading of Ordinance 02-9 - An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of certain property as described in the Post Boulevard Public Right of Way Petition for Annexation Summary The Petition for Annexation ("Petition") filed by Traer Creek Metropolitan District, Edinburgh Corporation, and Margaret Beyer, Personal Representative for the Estate of Jeanette L. Nottingham a/ka/ Jeanette Nottingham for the Post Boulevard Public Right of Way has been found to be in substantial compliance with Colorado statutes as evidenced by approval of Resolution 02-21 Series of 2002. The First Reading of Ordinance 02-9, Series of 2002 held on May 28, 2002 initiated the annexation process. Today, the purpose of the public hearing is to annex the property contained in the Petition to the Town. Recommendation Staff recommends Town Council approve Ordinance 02-9 An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of certain property as described in the Post Boulevard Public Right of Way Petition for Annexation. Alternatives 1. Approve on Second Reading 2. Amend before Final Approval 3. Deny on Second Reading Proposed Motion "I move to approve on second reading Ordinance 02-9 An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of certain property as described in the Post Boulevard Public Right of Way Petition for Annexation." Memo to Town Council, July 5, 2002 Page 1 of 2 Ordinance 02-9, Annexation for Post Blvd. Town Manager Comments `? ?G,,ti C Gr Y Attachments: Ordinance 02-9, Series of 2002 Memo to Town Council, July 5, 2002 Page 2 of 2 Ordinance 02-9, Annexation for Post Blvd. TOWN OF AVON ORDINANCE NO. 02-09 SERIES OF 2002 AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO, OF CERTAIN PROPERTY AS DESCRIBED IN THE POST BOULEVARD PUBLIC RIGHT OF WAY PETITION FOR ANNEXATION. WHEREAS, on May 10, 2002, TRAER CREEK METROPOLITAN DISTRICT, EDINBURG CORPORATION, a Texas corporation, and MARGARET BREYER, PERSONAL REPRESENTATIVE FOR THE ESTATE OF JEANETTE L. NOTTTINGHAM a/k/a JEANETTE NOTTINGHAM filed with the Town Clerk for the Town of Avon ("Town") the petition for annexation ("Petition") requesting that the Town Council of the Town ("Town Council") commence proceedings to annex to the Town certain unincorporated tract or tracts of land located in Eagle County, Colorado, and described on Exhibit A attached hereto and incorporated herein by this reference (the "Annexation Property"); and WHEREAS, the Town Council, by Resolution Number 02-21, Series of 2002, attached hereto and incorporated herein by this reference as Exhibit B, has determined with regard to the Petition that, pursuant to Section 31-12-110, C.R.S.: (1) the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met; (2) an election is not required under Sections 31-12-107(2) or 31-12-112, C.R.S.; and (3) no additional terms and conditions are to be imposed on the Petition; WHEREAS, the Town Council held public hearings at which it received evidence and testimony pertaining to the annexation of the Annexation Property, at the conclusion of which the Town Council considered such evidence and testimony so introduced, and by this Ordinance sets forth its findings of fact and conclusions. THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS: 1. The submission, processing, consideration and approval of the Petition have fully met and complied with all applicable laws and regulations of the State of Colorado and the Town, including, without limitation, Article II, Section 30 of the Colorado constitution and Sections 31-12-101 through 31-12-123, C.R.S. 2. All public hearings concerning whether the Town should annex the Annexation Property have been held and conducted in accordance with all applicable laws and regulations of the State of Colorado and the Town. 521179.3 CAMALC 05/30/02 1:54 PM 3. All notices required for the public hearings at which the Town Council considered the Petition were properly and timely published, posted or mailed in accordance with all applicable laws and regulations of the State of Colorado and the Town. 4. In order to encourage well-ordered development to the Town, it is desirable that the Annexation Property be annexed to the Town. 5. The annexation of the Annexation Property to the Town is in the best interests of the public health, safety and general welfare of the people of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: Section 1. The annexation to the Town of the Annexation Property be, and is hereby approved and said real property as described on the annexation map accompanying the Petition is hereby annexed to the Town. Section 2. As required by statute, the Town shall: (a) File one copy of the annexation map with the original of this Ordinance in the office of the Town Clerk for the Town; and (b) Subject to the terms of Section 18 of the Petition, file for recording three certified copies of this Ordinance and of the map of the area annexed containing a legal description of such area with the Clerk and Recorder of Eagle County, Colorado. Section 3. The Town Clerk is hereby authorized and directed to publish the full text of this Ordinance in a newspaper of general circulation within the Town (i.e., the Vail Valley Times or the Eagle Valley Enterprise, or both) on the next available publication date. Section 4. The effective date of this Ordinance shall be seven (7) days after publication of the notice described in Section 3 above. 521179.3 CAMALC 05/30/02 1:54 PM INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED PUBLISHED this day of "n 2002 and a public hearing on this ordinance shall be held at the regular meeting f he Town Council of the Town of Avon, Colorado, on the C('? day of 3LkW , 2002 at 6'• ?0 p.m. in the Avon Municipal Complex, 400 Benchmark Road, Avo Colorado. TOWN OF AVON By: J Yoder Z- T I ayor of the Town of Avon, Colorado V Attest: l"atty c enny, To rk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED PUBLISHED this day of 32002. TOWN OF AVON By: Judy Yoder Mayor of the Town of Avon, Colorado Attest: Patty McKenny, Town Clerk 521179.3 CANIALC 05/30/02 1:54 PM APPROVED AS TO FORM: John Dunn, Esq. Town Attorney 521179.3 CAMALC 05/30/02 1:54 PM EXHIBIT A TO ORDINANCE NUMBER 02-9, SERIES OF 2002 (Legal Description of Annexation Property) PARCEL A That part of Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most easterly corner of said Lot 6; thence the following three courses along the southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13 feet; (2) S78°00'01"W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14 feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a chord that bears N49° 14' 01 "E 60.13 feet to the northeasterly line of said Lot 6; thence S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425 square feet, more or less. PARCEL B That part of Lot 1, Nottingham Cottages P.U.D., according to the final plat thereof recorded as Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the northwesterly corner of said Lot 1: thence, along the northwesterly line of said Lot 1, N78°00'01"E 19.88 feet; thence, departing said northwesterly line, S50°51'55"W 28.15 feet to the westerly line of said Lot 1; thence, along said westerly line, N09°57'00"E 13.84 feet to the point of beginning, containing 127.6 square feet, more or less. PARCEL C That part of Lot 2, Nottingham Cottages, P.U.D., according to the final plat thereof recorded as Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most westerly corner of said Lot 2; thence the following three courses along the northwesterly line of said Lot 2: (1) N60°52'49"E 101.94 feet; (2) 149.40 feet along the arc of a curve to the right, having a radius of 500.00 feet, a central angle of 17°07' 12", and a chord that bears N69°26'25"E 148.85 feet; (3) N78°00'01"E 37.70 feet to the most northerly corner of said Lot 2; thence, along the common line of said Lot 2 and Lot 1 of said Nottingham Cottages P.U.D., S09°57'00"W 13.84 feet; thence, departing said common line, S50°51'55"W 84.85 feet; 521179.3 CAMALC 06/3/02 9:46 AM Lx- thence S34°42'51"E 0.82 feet; thence 16.25 feet along the arc of a curve to the right, having a radius of 105.25 feet, a central angle of 08°50'45", and a chord that bears S60°30'44"W 16.23 feet; thence 23.27 feet along the arc of a curve to the left, having a radius of 94.75 feet, a central angle of 14°04'12", and a chord that bears S57°54'01"W 23.21 feet; thence S50°51'55"W 109.16 feet; thence 6.22 feet along the are of a curve to the left, having a radius of 164.75 feet, a central angle of 02°09'48", and a chord that bears S49°47'01"W 6.22 feet to the southwesterly line of said Lot 2; thence the following two courses along said southwesterly line: (1) N60°25'20"W 53.87 feet; (2) N47°59'03"W 37.01 feet to the point of beginning, containing 14796 square feet, more or less. PARCEL D That part of (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most easterly corner of an existing 60 foot wide Access Easement as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence the following two courses along the northeasterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS: (1) S47°59'03"E 36.78 feet; (2) S60°25'20"E 53.87 feet; thence, departing said northeasterly line, 11.11 feet along the are of a curve to the left, having a radius of 164.75 feet, a central angle of 03°51'47", and a chord that bears S46'46'1 3"W 11.11 feet; thence 30.80 feet along the arc of a curve to the left, having a radius of 47.00 feet, a central angle of 37°33' 10", and a chord that bears S26°03'45"W 30.26 feet, to the southwesterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along said southwesterly line, 130.71 feet along the are of a curve to the right, having a radius of 1830.00 feet, a central angle of 04°05'33", and a chord that bears N68°38'04"W 130.68 feet to the most southerly corner of said 60 foot wide Access Easement; thence, departing said southwesterly line, N60°53'00"E 78.88 feet, along the southeasterly line of said 60 foot wide Access Easement, to the point of beginning, containing 5591 square feet, more or less. PARCEL E That part of (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most northerly corner of an existing 60 foot wide Access Easement as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along the northwesterly line of said 60 foot wide Access Easement, S60°53'00"W 79.05 feet; thence, departing said northwesterly line, N25°21'46"E 17.60 feet; thence N60°53'24"E 61.24 feet, to the northeasterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence S47°59'03"E 10.80 feet, along said northeasterly line, to the point of beginning, containing 717 square feet, more or less. 521179.3 CAMALC 06/3/02 9 46 AM EXHIBIT B TO ORDINANCE NUMBER 02-9, SERIES OF 2002 (Copy of Resolution Number 02-27, Series of 2002) 521179.3 CAMALC 07/5/02 1:12 PM RESOLUTION NO. 02-27 SERIES OF 2002 A RESOLUTION OF THE TOWN OF AVON SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN THE POST BOULEVARD PUBLIC RIGHT OF WAY PETITION FOR ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the filing on May 10, 2002 of the Post Boulevard Public Right of Way Petition for Annexation (the "Petition") for a portion of certain property located in Eagle County, Colorado, and described on Exhibit A attached hereto (the "Annexation Property"); and WHEREAS, at a meeting on the 28th day of May, 2002, the Town Council passed and adopted Resolution No. 02-21 finding substantial compliance of Petition, and setting a hearing to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and is eligible for annexation to the Town; and WHEREAS, following notice given as required by law, the Town Council has held a hearing on said annexation; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: Section 1. The Town Council hereby finds that Petition complies with the provisions of Section 31-12-107, C.R.S. Section 2. The Town Council hereby finds that, with respect to Petition, the requirements of Article lI, Section 30 of the Colorado Constitution and of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met. Section 4. The Town Council hereby finds that no additional terms and conditions are to be imposed upon annexation of that Annexation Property included in the Petition. Section 5. The Town Council hereby finds that an election is not required under Sections 31-12-107(2) or 31-12-112(1), C.R.S. Section 6. The Town Council hereby finds that notice was given and a hearing was held regarding the annexation in accordance with the requirements of Sections 31-12-108 and 31-12-109, C.R.S., as applicable. Section 7. The Town Council concludes that the Annexation Property included in Petition is eligible for annexation to the Town of Avon. 544252.1 CAMALC 07/3/02 9:00 AM PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Avon held this day of , 2002. Judy Yoder . Mayor of the Town of Avon, Colorado ATTEST: Patty McKenny Town Clerk 544252.1 CAMALC 07/3102 9:00 AM PETITION FOR ANNEXATION TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: The undersigned (collectively, the "Petitioners"), in accordance with the Mwricipal Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as amended and as in effect on the submission date set forth below ("Annexation Act!% hereby petition ("Petition") the Town Council of the Town of Avon, Colorado ("Council 1), to annex to the Town of Avon ('Town!) the unincorporated territory located in the County of Eagle, State of Colorado, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference ("Pro a ). In support of this Petition, Petitioners allege that: 1. It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections -104 and -105 of the Annexation Act exist or have been met. 3. Not less than one-sixth (1/6) of,the perimeter of the Property is contiguous with the Town's current municipal boundaries. 4. A community of interest exists between the Property and the Town. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town_ 7. The Petitioners comprise more than fifty percent (50%) of the landowners in the -Property owning more than fifty percent (50%) of the Property, excluding public streets, and alleys and any land owned by the annexing municipality, and the Petitioners hereby consent to the establishment of the boundaries of the Property as shown on the annexation plat submitted herewith. 8. The Property is not presently a part of any incorporated city, city and county, or town; no proceedings have been commenced for incorporation or annexation of part or all of the Property to any other municipality; no election for annexation of the Property or substantially the same territory to the Town has been held within the twelve (12) months.immediately preceding the filing of this Petition. 9. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 10. Except to the extent necessary to avoid dividing parcels within the Property held in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit, the proposed annexation will not extend the municipal boundary of the Town more than three (3) miles in any direction from any point of the current municipal boundary. 11. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 12. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (a) is being divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way; or (b) comprising twenty (20) acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Property without the written consent of the landowner or landowners. 13. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property. 14. The legal description of the land owned by the Petitioners is set forth underneath the name of each such Petitioner on Exhibit A, attached hereto and incorporated herein by this reference. 15. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit B and is incorporated herein by this reference. 16. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: (a) A written legal description of the boundaries of the Property; (b) A map showing the boundary of the Property; (c) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (d) Next to the boundary of the Property, a drawing of the contiguous boundary of the annexing municipality abutting the Property. 17. Petitioners have filed this Petition subject to the following conditions: (a) Petitioner Traer Creek Metropolitan District ("TCMD") have the right, with or without the consent or agreement of any other Petitioner or landowner within the Property, to withdraw this Petition by so notifying the Town Clerk in writing prior to the EDINBURGH CORPORATION, a Texas corporation By: C. Michael owen, Pesident Date of Signature: Mailing Address: Preeo Silverman Green. & Egle PC 1401 17'h Street, Suite 800 Denver, Colorado 80202 Attn: Robert L. Preeo, Esq. Resident of the Property? NO wide Access Easement; thence, departing said southwesterly line, N60°53'00"E 78.88 feet, along the southeasterly line of said 60 foot wide Access Easement, to the point of beginning, containing 5591 square feet, more or less. PARCEL E That part of (Corrected) Final Plat - Condominiwn Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in. Book 318 at Page 186 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most northerly corner of an existing 60 foot wide Access Easement as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along the northwesterly line of said 60 foot wide Access Easement, S60°53'00"W 79.05 feet; thence, departing said northwesterly line, N25°21'46"E 17.60 feet; thence N60°53'24"E 61.24 feet, to the northeasterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence S47°59'03"E 10.80 feet, along said northeasterly line, to the point of beginning, containing 717 square feet, more or less. A I The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: . That he was the circulator of the foregoing Petition for Annexation of lands to the Town of Avon, consisting of /0 pages including this page, and that the signature of Margaret Beyer thereon was witnessed by the circulator and are the true and original signatures of the person whose name they purport to be, and that the dates of such signatures, are correct. Circulator STATE OF a ) ) ss. COUNTY OF ) The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me this -1,6 day of 2002, by _Deh,2a D ?.???AA Witness my hand and official seal. My commission expires: WILLIAM 4 MEEK Comm. 11215930 N01AR PUBLIC ANU Notary Public MIy Cm. Ex#u W AV IL2003 541551.3 CAMAL[ B-2 CERTIFICATE OF PUBLICATION I, Patty McKenny, Town Clerk for the Town of Avon, Colorado, hereby certify that a true and full copy of the Town of Avon Ordinance Number 02-9, Series of 2002 was published in the V'uo ppp,? , a newspaper of general circulation in the Town of Avon, Colorado, on L?? & , 2002. A copy of the published text is attached hereto. Date: JOL-Y 5, 2C02 5211793 CAMALC 05/30/02 1:54 PM STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON 1 NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 9T" DAY OF JULY 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-09, SERIES OF 2002: 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 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 TOWN OF AVON COLORADO , BY: all nc_ j Mc envy To rk .i 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 Memo To. Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Ruth Borne, Director of Community Development Date July 5, 2002 Re: Resolution 02-28, Series of 2002 a Resolution of the Town of Avon Setting Forth Findings of Fact and Conclusions Regarding the Annexation of Certain Property as Described in the Lot 6, McGrady Acres Petition for Petition for Annexation Summary Resolution 02-28, Series of 2002 is designed to determine that the Colorado Revised Statues have been complied with regarding eligibility for annexation and other statutory requirements contained in the Petition for Annexation filed by Edinburgh Corporation. Recommendation Staff recommends Town Council approve Resolution 02-28, Series of 2002 Setting Forth Findings of Fact and Conclusions Regarding the Annexation of Certain Property as Described in the Lot 6, McGrady Acres Petition for Annexation Proposed Motion " I move to approve Resolution 02-28, Series of 2002, A Resolution of the Town of Avon Setting Forth Findings of Fact and Conclusions Regarding the Annexation of Certain Property as Described in the Lot 6, McGrady Acres Petition for Annexation." Town Manager Comments Attachments: Resolution 02-28, Series of 2002 Memo to Town Council, July 5, 2002 Page 1 of 1 Ordinance 02-9, Annexation for Post Blvd. RESOLUTION NO. 02-28 SERIES OF 2002 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF AVON SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED AS THE LOT 6, MCGRADY ACRES PETITION FOR ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the filing on May 10, 2002 of the Lot 6, McGrady Acres Petition for Annexation (the "Petition") for a portion of certain property located in Eagle County, Colorado, and described on Exhibit A attached hereto (the "Annexation Property"); and WHEREAS, at a meeting on the 28th day of May, 2002, the Town Council passed and adopted Resolution No. 02-22 finding substantial compliance of Petition, and setting a hearing to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and is eligible for annexation to the Town; and WHEREAS, following notice given as required by law, the Town Council has held a hearing on said annexation; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: Section 1. The Town Council hereby finds that Petition complies with the provisions of Section 31-12-107, C.R.S. Section 2. The Town Council hereby finds that, with respect to Petition, the requirements of Article H, Section 30 of the Colorado Constitution and of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met. Section 4. The Town Council hereby finds that no additional terms and conditions are to be imposed upon annexation of that Annexation Property included in the Petition. Section 5. The Town Council hereby finds that an election is not required under Sections 31-12-107(2) or 31-12-112(1), C.R.S. Section 6. The Town Council hereby finds that notice was given and a hearing was held regarding the annexation in accordance with the requirements of Sections 31-12-108 and 31-12-109, C.R.S., as applicable. Section 7. The Town Council concludes that the Annexation Property included in Petition is eligible for annexation to the Town of Avon. 544252.1 CAMALC 07/3/02 9:02 AM PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Avon held this day of , 2002. Judy Yoder Mayor of the Town of Avon, Colorado ATTEST: Patty McKenny Town Clerk 544252.1 CAMALC 07/3/029:02 AM PETITION FOR ANNEXATION TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: EDINBURGH CORPORATION ("Petitioner"), in accordance with the Municipal Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as amended and as in effect on the submission date set forth below ("Annexation Act'), hereby petitions ("Petition') the Town Council of the Town of Avon, Colorado C'Council'), to annex to the Town of Avon ("Town") the unincorporated territory located in the County of Eagle, State of Colorado, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference ("Pro pert ). III support of this Petition, Petitioners allege that: It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections -104 and -105 of the Annexation Act exist or have been met. 3. Not less than one-sixth (1/6) of the perimeter of the Property is contiguous with the Town's current municipal boundaries. 4. A community of interest exists between the Property and the Town. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town. 7. The Petitioner comprises more than fifty percent (50%) of the landowners in the Property owning more than fifty percent (50%) of the Property, excluding public streets, and alleys and any land owned by the annexing municipality, and the Petitioner hereby consent to the establishment of the boundaries of the Property as shown on the annexation plat submitted herewith. 8. The Property is not presently a part of any incorporated city, city and county, or town; no proceedings have been commenced for incorporation or annexation of part or all of the Property to any other municipality; no election for annexation of the Property or substantially the same territory to the Town has been held within the twelve (12) months immediately preceding the filing of this Petition. 9. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 10. Except to the extent necessary to avoid dividing parcels within the Property held in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit, the proposed annexation will not extend the municipal boundary of the Town more than three (3) miles in any direction from any point of the current municipal boundary. 11. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 12. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (a) is being divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way; or (b) comprising twenty (20) acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Property without the written consent of the landowner or landowners. 13. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property. 14. The legal description of the land owned by the Petitioner is set forth underneath the name of Petitioner on Exhibit B, attached hereto and incorporated herein by this reference. 15. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. 16. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: (a) A written legal description of the boundaries of the Property; (b) A map showing the boundary of the Property; (c) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (d) Next to the boundary of the Property, a drawing of the contiguous boundary of the annexing municipality abutting the Property. 17. In connection with the processing of this Petition, the Petitioner requests that the Town institute a zoning approval process for the Property in accordance with applicable provisions of the Municipal Code of the Town of Avon and in accordance with Section -115 of the Annexation Act 18. Petitioner has filed this Petition subject to the following conditions: (a) Concurrently with its approval of annexation of the Property, the Town Council approves for those portions of the Property that are not public right-of-way Neighborhood Commercial (NC) zoning which is consistent with the application for zoning which Petitioner submits in connection with this Petition. (b) Petitioner shall have the right to withdraw this Petition by so notifying the Town Clerk in writing prior to the fortieth (40th) day after the latest effective date of the final ordinances or resolutions approving annexation of the Property and zoning of the Property; provided, however, that such withdrawal right may be exercised only if a third party commences a formal challenge to any of the approvals within such period. (c) Prior to expiration of the period described in the foregoing subparagraph (b) without Petitioner having withdrawn the Petition, neither Petitioner nor the Town shall cause or: permit the oceurr. ence -of the conditions to effectiveness - of the annexation as set forth in Section -113(2)(b) of the Annexation Act. 19. Upon the annexation of the Property becoming effective, and subject to the conditions set forth in this Petition, the Property shall become subject to all ordinances, resolutions, rules and regulations of the Town, 'except as otherwise set forth in the Annexation and Development Agreement, and except for general property taxes of the Town which shall become effective on January 1 of the next succeeding year following adoption of the annexation ordinance. 20. Except for the terms and conditions of this Petition, which terms and conditions Petitioners expressly approve and therefore do not constitute an imposition of additional terms and conditions within the meaning of Section -107(1)(g) of the Annexation Act, Petitioner request that no additional terms and conditions be imposed upon annexation of the Property to `the Town. THEREFORE, Petitioner requests that the Town Council of the Town of Avon, Colorado, complete and approve the annexation of the Property pursuant to the provisions of the Municipal Annexation Act of 1965, as amended. Respectfully submitted this 10 day of . l v `?4 2002. Signatures of Landowner/Petitioner: EDINBURGH CORPORATION By: C. MICH B EN, ent By: Name: C. chael Bowen Title: President Date of Signature: Z0? Z Mailing Address: P.O. Box 3901 Avon, CO 81620 Attn: C. Michael Bowen. Resident of the Property? NO EXHIBIT A - TO PETITION FOR ANNEXATION Legal Description of the Property Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder, EXCEPT that portion described as follows: Beginning at the most easterly comer of said Lot 6; thence the following three courses along the southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76°5236"W 19.13 feet; (2) S78°00'01 "W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14 feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a chord that bears N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425 square feet, more or less. EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Petitioner Name of Landowner/Petitioner: EDINBURGH CORPORATION Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder, EXCEPT that portion described as follows in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most easterly comer of said Lot 6; thence the following three courses along the southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76052'36"W 19.13 feet; (2) S78°00'01 "W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14 feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23and a chord that bears N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425 square feet, more or less. I EXHIBIT C TO PETITION FOR ANNEXATION Affidavit of Circulator The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That he was the circulator of the foregoing Petition for Annexation of lands to the Town of Avon, consisting of I pages including this page, and that the signature of the Peitioner thereon was witnessed by the circulator and is the true and original signature of the person whose names it purports to be, and that the date of such si ature is correct. Circulator STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing AFFIDAVIT OF CIRCULATOR was ub cribed and sworn to before me this 9 day of 06 , 2002, by ?Pdin? Witness my hand and official seal. My commission expires: 3/11/2006 LIST OF SPECIAL DISTRICTS AND SCHOOL DISTRICTS School District: Eagle County RE50J Special Districts: Colorado Mountain College Eagle River Water and Sanitation Colorado River Water Conservation Upper Eagle Valley Consolidated Sanitation Eagle Valley Library Eagle County Health Services Eagle River Fire Protection Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager 05-?--- From: Ruth Borne, Director of Community Development. Date July 3, 2002 Re: Second Reading of Ordinance 02-10 - An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of certain property as described as Lot 6, McGrady Acres Petition for Annexation (Public Hearing) Summary The Petition for Annexation ("Petition") filed by Edinburgh Corporation, a Texas corporation for Lot 6, McGrady Acres Subdivision has been found to be in substantial compliance with Colorado statutes as evidenced by approval of Resolution 02-22 Series of 2002. The First Reading of Ordinance 02-10, Series of 2002 initiated the annexation process on May 28, 2002. The purpose of this public hearing is to annex the property contained in the Petition to the Town. Recommendation Staff recommends Town Council approve Ordinance 02-10, on second reading, An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of certain property as described in the Lot 6, McGrady Acres Subdivision Petition for Annexation. Proposed Motion "I move to approve on second reading Ordinance 02-10 An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of certain property as described in the Lot 6, McGrady Acres Subdivision Petition for Annexation." Town Manager Comments Cr?r<<« Attachments: Ordinance 02-10, Series of 2002 Memo to Town Council, July 9, 2002 Page 1 of 1 Ordinance 02-10, Annexation for Lot 6, McGrady Acres (Public Hearing) TOWN OF AVON ORDINANCE NO. 02-10 SERIES OF 2002 AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO, OF CERTAIN PROPERTY AS DESCRIBED IN THE LOT 6, MCGRADY ACRES SUBDIVISION PETITION FOR ANNEXATION. WHEREAS, on May 10, 2002, EDINBURGH CORPORATION, a Texas corporation, filed with the Town Clerk for the Town of Avon ("Town") the petition for annexation ("Petition") requesting that the Town Council of the Town ("Town Council") commence proceedings to annex to the Town certain unincorporated tract or tracts of land located in Eagle County, Colorado, and described on Exhibit A attached hereto and incorporated herein by this reference (the "Annexation Property"); and WHEREAS, the Town Council, by Resolution Number 02-28, Series of 2002, attached hereto and incorporated herein by this reference as Exhibit B, has determined with regard to the Petition that, pursuant to Section 31-12-110, C.R.S.: (1) the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met; (2) an election is not required under Sections 31-12-107(2) or 31-12-112, C.R.S.; and (3) no additional terms and conditions are to be imposed on the Petition; WHEREAS, the Town Council held public hearings at which it received evidence and testimony pertaining to the annexation of the Annexation Property, at the conclusion of which the Town Council considered such evidence and testimony so introduced, and by this Ordinance sets forth its findings of fact and conclusions. THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS: 1. The submission, processing, consideration and approval of the Petition have fully met and complied with all applicable laws and regulations of the State of Colorado and the Town, including, without limitation, Article II, Section 30 of the Colorado constitution and Sections 31-12-101 through 31-12-123, C.R.S. 2. All public hearings concerning whether the Town should annex the Annexation Property have been held and conducted in accordance with all applicable laws and regulations of the State of Colorado and the Town. 3. All notices required for the public hearings at which the Town Council considered the Petition were properly and timely published, posted or mailed in accordance with all applicable laws and regulations of the State of Colorado and the Town. 521179.3 CAMALC 06/3/02 9 51 AM 4. In order to encourage well-ordered development to the Town, it is desirable that the Annexation Property be annexed to the Town. 5. The annexation of the Annexation Property to the Town is in the best interests of the public health, safety and general welfare of the people of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: Section 1. The annexation to the Town of the Annexation Property be, and is hereby approved and said real property as described on the annexation map accompanying the Petition is hereby annexed to the Town. Section 2. As required by statute, the Town shall: (a) File one copy of the annexation map with the original of this Ordinance in the office of the Town Clerk for the Town; and (b) Subject to the terms of Section 18 of the Petition, file for recording three certified copies of this Ordinance and of the map of the area annexed containing a legal description of such area with the Clerk and Recorder of Eagle County, Colorado. Section 3. The Town Clerk is hereby authorized and directed to publish the full text of this Ordinance in a newspaper of general circulation within the Town (i.e., the Vail Valley Times or the Eagle Valley Enterprise, or both) on the next available publication date. Section 4. The effective date of this Ordinance shall be seven (7) days after publication of the notice described in Section 3 above. INTRODUCED, P?4SSED ON FIRST READING, APPROVED AND ORDERED PUBLISHED this - day of 2002 and a public hearing on this ordinance shall be held at the regular meeting o Town Council of the Town of Avon, Colorado, on the Cr,t' day of 2002 at 5' 3?J p.m. in the Avon Municipal Complex, 400 Benchmark Road, Av n, C lorado. TOWN OF AVON By: Jud oder Mayor of the Town of Avon, Colorado 521179.3 CAMALC 05/30/02 2:05 PM Town INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED PUBLISHED this day of 12002. TOWN OF AVON By: Judy Yoder Mayor of the Town of Avon, Colorado Attest: Patty McKenny Town Clerk APPROVED AS TO FORM: John Dunn, Esq. Town Attorney 521179.3 CAMALC 05/30/02 2:05 PM EXHIBIT A TO ORDINANCE NUMBER 02-10, SERIES OF 2002 (Legal Description of Annexation Property) Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder, EXCEPT that portion described as follows: Beginning at the most easterly corner of said Lot 6; thence the following three courses along the southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13 feet; (2) S78°00'01 "W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14 feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a chord that bears N49° 14' 01 "E 60.13 feet to the northeasterly line of said Lot 6; thence S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425 square feet, more or less. 521179.3 CAMALC 06/3/02 9:51 AM A-1 EXHIBIT B TO ORDINANCE NUMBER 02-10, SERIES OF 2002 (Copy of Resolution Number 02-28, Series of 2002) 521179.3 CAMALC 07/5/02 1:18 PM B-1 RESOLUTION NO. 02-28 .SERIES OF 2002 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF AVON SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED AS THE LOT 6, MCGRADY ACRES PETITION FOR ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the filing on May 10, 2002 of the Lot 6, McGrady Acres Petition for Annexation (the "Petition") for a portion of certain property located in Eagle County, Colorado, and described on Exhibit A attached hereto (the "Annexation Property"); and WHEREAS, at a meeting on the 28th day of May, 2002, the Town Council passed and adopted Resolution No. 02-22 finding substantial compliance of Petition, and setting a hearing to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and is eligible for annexation to the Town; and WHEREAS, following notice given as required by law, the Town Council has held a hearing on said annexation; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: Section 1. The Town Council hereby finds that Petition complies with the provisions of Section 31-12-107, C.R.S. Section 2. The Town Council hereby finds that, with respect to Petition, the requirements of Article 11, Section 30 of the Colorado Constitution and of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met. Section 4. The Town Council hereby finds that no additional terms and conditions are to be imposed upon annexation of that Annexation Property included in the Petition. Section 5. The Town Council hereby finds that an election is not required under Sections 31-12-107(2) or 31-12-112(1), C.R.S. Section 6. The Town Council hereby finds that notice was given and a hearing was held regarding the annexation in accordance with the requirements of Sections 31-12-108 and 31-12-109, C.R.S., as applicable. Section 7. The Town Council concludes that the Annexation Property included in Petition is eligible for annexation to the Town of Avon. 544252.1 CAMALC 07/3/02 902 AM PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Avon held this day of , 2002. Judy Yoder Mayor of the Town of Avon, Colorado ATTEST: Patty McKenny Town Clerk 544252) CAMALC 07/3/02 9:02 AM PETITION FOR ANNEXATION TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: EDINBURGH CORPORATION ("Petitioner'), in accordance with the Municipal Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as amended and as in effect on the submission date set forth below ("Annexation Act's, hereby petitions ("Petition') the Town Council of the Town of Avon, Colorado ("Council'), to annex to the Town of Avon (' own') the unincorporated territory located in the County of Eagle, State of Colorado, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference ("Pro ert ). In support of this Petition, Petitioners allege that: It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections -104 and -105 of the Annexation Act exist or have been met. 3. Not less than one-sixth (1/6) of the perimeter of the Property is contiguous with the Town's current municipal boundaries. 4. A community of interest exists between the Property and the Town. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town. 7. The Petitioner comprises more than fifty percent (500/9) of the landowners in. the Property owning more than fifty percent (50%) of the Property, excluding public streets, and alleys and any land owned by the annexing municipality, and the Petitioner hereby consent to the establishment of the boundaries of the Property as shown on the annexation plat submitted herewith. 8. The Property is not presently a part of any incorporated city, city and county, or town; no proceedings have been commenced for incorporation or annexation of part or all of the Property to any other municipality; no election for annexation of the Property or substantially the same territory to the Town has been held within the twelve (12) months immediately preceding the filing of this Petition. 9. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 10. Except to the extent necessary to avoid dividing parcels within the Property held in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit, the proposed annexation will not extend the municipal boundary of the Town more than three (3) miles in any direction from any point of the current municipal boundary. 11. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 12. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (a) is. being divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way; or (b) comprising twenty (20) acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Property without the written consent of the'landowner or landowners. 13. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property. 14. The legal description of the land owned by the Petitioner is set forth underneath the name of Petitioner on Exhibit B, attached hereto and incorporated herein by this reference. 15. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. 16. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: (a) A written legal description of the boundaries of the Property; (b) A map showing the boundary of the Property, (c) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (d) Next to the boundary of the Property, a drawing of the contiguous boundary of the annexing municipality abutting the Property. 17. In connection with the processing of this Petition, the Petitioner requests that the Town institute a zoning approval process for the Property in accordance with applicable provisions of the Municipal Code of the Town of Avon and in accordance with Section -1.15 of the Annexation Act 18. Petitioner has filed this Petition subject to the following conditions- EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Petitioner Name of Landowner/Petitioner: EDINBURGH CORPORATION Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder, EXCEPT that portion described as follows in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most easterly corner of said Lot 6; thence the following three courses along the southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13 feet; (2) S78°00'01 "W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76026'06"W 31.14 feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a chord that bears N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425 square feet, more or less. LIST OF SPECIAL DISTRICTS AND SCHOOL DISTRICTS School District: Eagle County RE50J Special Districts: Colorado Mountain College Eagle River Water and Sanitation Colorado River Water Conservation Upper Eagle Valley Consolidated Sanitation Eagle Valley Library Eagle County Health Services Eagle River Fire Protection CERTIFICATE OF PUBLICATION I, Patty McKenny, Town Clerk for the Town of Avon, Colorado, hereby certify that a true and full copy of the Town of Avon Ordinance Number 02-9, Series of 2002 was published in the &A VN I gU rktre"g-j a newspaper of general circulation in the Town of Avon, Colorado, on jUo (p , 2002. A copy of the published text is attached hereto. Date: I(J6e, 7602, , 4 V C (tt? Patty McKe Town Clerk 521179.3 CAMALC 05/30/02 2:05 PM 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 9TH DAY OF JULY 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-10, SERIES OF 2002: An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain property as described as Lot 6, McGrady Acres Petition for Annexation 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: ?-l Patty M envy To erk POSTED AT THE FOLLOWINGPURLIC 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 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager t. From: Ruth Borne, Director of Community Development Date July 3, 2002 Re: Second Reading of Ordinance 02-15, An Ordinance Approving Neighborhood Commercial Zoning for Lot 6, McGrady Acres Subdivision (Public Hearing) Summary The applicant, Edinburgh Corporation, owns Lot 6 of the McGrady Acres Subdivision. They are seeking to assign Neighborhood Commercial zoning to this property, which is being annexed into the Town concurrently with this application. The Planning and Zoning Commission recommended approval of this zone change on June 4, 2002 with conditions as attached on Planning and Zoning Resolution 02-08. On June 25, 2002, Town Council approved first reading of this Ordinance. Recommendation Staff recommends that the Town Council pass Ordinance 02-15 on second reading, adopting Neighborhood Commercial zoning for Lot 6 of the McGrady Acres Subdivision. Alternatives 1. Approve on Second Reading 2. Deny on Second Reading Proposed Motion " I move to approve on second reading Ordinance 02-15, adopting Neighborhood Commercial zoning for Lot 6 of the McGrady Acres Subdivision, Town of. Avon, Eagle County, Colorado" Town Manager Comments Attachments: A. Ordinance 02-15 B. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 02-08 D. Minutes from the June 4, 2002 Planning and Zoning Commission Meeting Memo to Town Council, July 9, 2002 Page 1 of 1 Ordinance 02-15, Lot 6 McGrady Acres, Zoning Adoption (Public Hearing) TOWN OF AVON ORDINANCE NO. 02-15 SERIES OF 2002 AN ORDINANCE APPROVING NEIGHBORHOOD COMMERCIAL ZONING FOR LOT 6 OF MCGRADY ACRES SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Edinburgh Corporation has applied for zoning for Lot 6 of McGrady Acres Subdivision from Eagle County PUD (Planned Unit Development) to NC (Neighborhood Commercial), as stipulated in Title 17 of The Avon Municipal Code, for Lot 6 of McGrady Acres Subdivision, Town of Avon, Eagle County, Colorado; 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 June 4, 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 zoning application; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the zoning application to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the e day of , 2002, at which time the public was given an opportunity to express their opinions r ar ing the application; and WHEREAS, the Town Council of the Town of Avon finds as follows: 1. The proposed zoning is justified by changed or changing conditions in the character of the area proposed to be zoned. 2. The proposed zoning is consistent with the Town's Comprehensive Plan. 3. The proposed use(s) are compatible with the surrounding area or uses. 4. Adequate facilities are available to serve the development for the type and scope suggested by the proposed zone. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: 1. Lot 6 of the McGrady Acres Subdivision, Town of Avon, Eagle County, Colorado is zoned Neighborhood Commercial (NC). 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. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this a? = day of JvAQ-- , 2002, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the 9700- day of ? , 2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council ATTEST: Pat M Kenny, To lerk ;ttdy-Yettff, Mayor ??-o rl Page 2 of 3 INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED, this day of , 2002. Town of Avon, Colorado Town Council Judy Yoder, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: Town Attorney Page 3 of 3 Town of Avon Zoning Ju Report Date Legal Description Current Zoning Proposed Zoning Address Introduction Staff Report ne 4, 2002 Planning & Zoning Commission Meeting May 30, 2002 Lot 6, McGrady Acres Subdivision PUD for residential (Eagle County) Lot 6: Neighborhood Commercial (NC) 0086 Nottingham Ranch Road (0085 Post Boulevard) The applicant, Edinburgh Corporation, is proposing Neighborhood Commercial (NC) zoning for Lot 6 of McGrady Acres Subdivision. Attached to this report is a copy of Section 17.20.040 of the Avon Municipal Code, the NC zone district. The proposed zoning of Lot 6 is accompanied by an annexation request for the same lot. Last year, the Town annexed and zoned Lots 1, 2, and 3 of the McGrady Acres Subdivision. Lots 2 and 3 were zoned NC and Lot 1 was zoned Government, Park and Employee Housing (GPEH). Additionally, several new Right-of-Way and access easement tracts were created at that time to align Nottingham Ranch Road, now referred to as Post Boulevard. Zoning Review Considerations According to the Town of Avon Municipal Code, Section 17.28.080, the following evaluations shall be made in reviewing rezoning applications: 1. Is the proposed rezoning justified by changed or changing conditions in the character of the area proposed to be rezoned? The adjacent areas will change to such a degree that this limited amount of commercial zoning is appropriate. The Village at Avon Filing 1 plans includes the new I-70 interchange and the spur road for this interchange will utilize an enlarged, realigned and renamed Nottingham Ranch Road (Post Boulevard) as a means of connection to Highway 6. Vehicular traffic generated by anticipated neighborhood commercial use of this Lot is expected to originate from the Village at Avon and return to either I-70 or Highway 6 via Post Boulevard. It is not possible that commercial traffic will be generated through Eaglebend to serve this property, because the last annexation of Lots 1, 2, and 3 of McGrady Acres required a cul-de- sac on Eaglebend Drive. The proposed NC zoning on Lot 6 appears to be justified and fits the new character of the McGrady Acres subdivision and this area of the Town. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Rezoning Application for Lot 6 of McGrady Acres June 4, 2002 Planning & Zoning Commission meeting Page 2 of 3 2. Is the proposed rezoning consistent with the Town's Comprehensive Plan? Goal A2 of the Town of Avon Comprehensive Plan is to ensure the annexed land and adjacent uses are compatible with the existing community. The inclusion of Neighborhood Commercial zoning is compatible with the existing community and the proposed annexation, considering the upgrades that will be made to Nottingham Ranch Road and the addition of a cul-de-sac for existing residents of Eaglebend Filings 1 and 2. The Comprehensive Plan currently identifies the area in question as `mixed use river corridor' with the potential to be developed for a combination of uses such as being proposed here. Additionally, the Town of Avon Comprehensive Plan identifies a `Stolport East District' that should have uses which are "consistent with the overall design themes of the Town and should relate to I-70 and Highway 6/24 access points". The implementation section of the plan states, "Consideration should also be given to the potential for annexation of lands located along Highway 6 and the Eagle River". The potential for both annexation of this property and the proposed Neighborhood Commercial zoning that support the development of the reconfigured access are provided for in the Town of Avon Comprehensive Plan. Though the Town of Avon Comprehensive Plan does not specify a NC zone district for this particular area, the designation appears appropriate considering the location of the same zoning throughout the Town (i.e. at major access point intersections such as Nottingham Road and Avon Road, Avon Road and Hurd Lane), and the recent addition of Lots 2 and 3 directly across from this property with the same zoning. 3. Is the proposed use(s) compatible with the surrounding area or uses? The designation of NC for Lot 6 is the same as Lots 2 and 3. No negative impact is anticipated to the surrounding uses, especially since the previous annexation of Lots 1, 2, and 3 required a cul-de-sac to be constructed between this property and the adjacent residences. At complete build-out, the projected traffic count on the realigned and expanded Nottingham Ranch Road is estimated at 14,500 trips per day. Most of this traffic will be generated by the build-out of the Village. It is Staff's belief that the proposed Neighborhood Commercial zoning is compatible with the area. 4. Are adequate facilities available to serve development for the type and scope suggested by the proposed zone? Adequate facilities are available to serve this development. The proposed rezoning is a portion of an existing PUD that is already utilizing all public facilities and services. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Rezoning Application for Lot 6 of McGrady Acres June 4, 2002 Planning & Zoning Commission meeting Page 3 of 3 Staff Recommendation Staff recommends that the Planning and Zoning Commission approve Resolution 02-08, recommending approval of the Neighborhood Commercial zoning for Lot 6, McGrady Acres Subdivision with the following conditions: 1. Town Council will not adopt the zoning ordinance until such time that the Annexation for same property has been adopted. 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. Recommended Motion I move to approve Resolution 02-08, recommending approval of Neighborhood Commercial zoning for Lot 6, McGrady Acres Subdivision to the Avon Town Council, with the following conditions: 1. Town Council will not adopt the zoning ordinance until such time that the Annexation for same property has been adopted. 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 748.4413 or stop by the Community Development Department. Respectfully submitted, Eric Johnson Town of Avon Community Development (970) 748-4030 fax (970) 949-5749 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 02-08 SERIES OF 2002 A RESOLUTION RECOMMENDING APPROVAL TO THE TOWN COUNCIL OF AN AMENDMENT TO THE ZONING FROM EAGLE COUNTY PLANNED UNIT DEVELOPMENT (PUD) TO NEIGHBORHOOD COMMERCIAL (NC), AS STIPULATED IN TITLE 17 OF THE AVON MUNICIPAL CODE, FOR LOT 6 OF MCGRADY ACRES SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO W HEREAS, the Edinburgh Corporation, owner of Lot 6, McCrady Acres Subdivision, has applied for an amendment to the Zone District Map to change the zoning designation from Eagle County Planned Unit Development (PUD) to Neighborhood Commercial (NC) as stipulated in Title 17, of the Avon Municipal Code for Lot 6, McGrady Acres Subdivision; and WHEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Avon, pursuant to notices required by law, 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 Zoning District Map amendment application; and WHEREAS, the Planning & Zoning Commission has considered the following: 1. Is the proposed rezoning justified by changed or changing conditions in the character of the area proposed to be rezoned? 2. Is the proposed rezoning consistent with town's Comprehensive Plan? 3. Is the proposed use(s) compatible with the surrounding area or uses? FAManning & Zoning Commission\Resolutions\2002\Res 02-05 l.6 McGrady Acres- Zoning.doc 4. Are adequate facilities available to serve development for the type and scope suggested by the proposed zone change? NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission hereby recommends approval to the Town Council of the Town of Avon, Colorado an amendment to the Zone District Map changing the zoning designation from Eagle County PUD to Neighborhood Commercial (NC) for Lot 6 of the McGrady Acres Subdivision, citing the following conditions: 1. Town Council will not adopt the zoning ordinance until such time that the Annexation for same property has been adopted. 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 4`' DAY OF JUNE, 2002 Signed. Date: 6, Lif ` M Chris Evans, Chairman Attest: /Uw? Secretary Date: FAPlanning & Zoning Commission\Resolutions\2002\Res 02-08 L6 McGrady Acres- Zoning.doc DRAFT Town of Avon Planning & Zoning Commission . Meeting Minutes June 4, 2002 1. Call to Order The Meeting is called to order at 6:05 p.m. 11. Roll Call All commissioners are present. A. Election of Secretary Commissioner Karow nominates Commissioner McClinton as secretary, Commissioner Wolfe seconds the motion and the vote is approved unanimously. Ill. Additions and Amendments to the Agenda Item VII, Lot 8, Block 1, Benchmark at Beaver Creek is moved to the consent agenda. Tambi Katieb, Planner II, reads into the record the content of the Site Tour and Worksession meetings. IV. Conflicts of Interest Commissioner Macik has a conflict with Item VII of the agenda. V. Consent Agenda Commissioner Karow motions to approve the minutes from the May 21, 2002 meeting, and that Item VII, Split Rail Fence is approved. Commissioner Macik abstains from this vote. Commissioner Smith seconds the motion, the motion carries unanimously. VI. Sketch Plan A. Lots 40, Block 3, Wildridge Subdivision 4540 Flat Point Single Family Residence Applicant: Michael Farr Eric Johnson, Planning Technician, made a brief staff presentation and stated that staff recommends approval. Chairman Evans responds to the letter that the Commissioners have received regarding "the hump" and talks about the ridge lines vs. the height of this hump. Applicant Michael Farr explained the time that he has spent on this design to achieve the best views and architectural style. He has also spent a great deal of time designing according the Design Review Guidelines and feels that he has achieved the best possible design for that lot Chairman Evans asked if there was any public comment regarding this application. Dave Wilkenson, who lives on the corner, feels that the Commission needs to take an average of the landscape and grading for this site. He also feels that "the hump" sits up there pretty high and it should'be taken down and that the grade also needs to be amended. The project will affect his view corridor. Chris Cook states his concern is the natural grade and "the hump" as well. The hump needs to be re-graded and leveled so that the house does not stick out, he would like to see a lower ridge line impact so that his view corridor may be saved as well. Chairman Evans states that if the applicant wanted to build on the "hump" that he could, also, that he is not exceeding the 35 foot height with his design. The applicant responds that those are true statements. They discuss that if he grades down further it will cause problems with the drainage around his house and design of his house. Commissioner Wolfe states that he only has one comment and that is, that the whole back (south) side of the house is 32 to 33 feet above grade, and he feels that this completely complies with the zoning and design review criteria and he strongly approves of the design. Commissioner Karow,.states that this applications does indeed meet and comply with design review guidelines. Commissioners Macik, Smith and McClinton, agree with the other Commissioners and have no comment and agree with approval. Commissioner Karow motions to approve this sketch plan with conditions 2 - 7 of the staff report. Commissioner Wolfe seconds the motion and it carries unanimously. VII. Final Designs A. Lot 8, Block 1, Benchmark at Beaver Creek Subdivision 331 Nottingham Road Split Rail Fence Applicant: Colin Doyle Moved to the Consent Agenda. VIII. Zoning - PUBLIC HEARING (6:20pm to 6:30pm) A. Resolution No. 02-08 - Rezoning Application Lot 6, Mc Grady Acres 0086 Nottingham Ranch Road (0085 Post Boulevard) Applicant: Burt Levin for Edinburgh Corporation 78 Mr. Katieb gave a brief staff presentation, stating that there are also maps on the wall for those who would like to view the portion that is in question. Staff has reviewed application and is recommending approval. Burt Levin, the applicant's Attorney, appreciates the staff report and the time they have spent reviewing the application and really does not have anytKing_further__to_add_ Chairman Evans opens the Public Hearing. Buz Didier, states that none of the neighbors have a problem with the rezoning, however we would like to see some buffering done to help separate the commercial areas from the residential, for instance a berm or some trees, etc. Amy Phillips, resident, states that she would like to insist that they do some sort of buffer along with some sort of public right of way, either a walk/bike path or something that would provide public access to the commercial area from Eaglebend. Chairman Evans, explains that the buffer is something that if the owner wants to put that into the resolution he can, but that the Commission has no way of insisting that they do a buffer. He goes on to explain at the time of design review perhaps these items could be addressed. Commissioner Wolfe then questions the applicant about going on the record with the buffer requirements. Mike Bowen, Applicant, states that at this.time they do: not wish to go on record with buffer requirements. However, at some point he will put a berm or trees in, they are just not ready to go on the record. Commissioner Karow, states that this application meets our zoning considerations and recommends approval. Commissioner Macik, Smith and McClinton agree with the other Commissioners and have no comments to add. Commissioner Karow motions to approval Resolution 02-08 with two conditions as noted in the staff report and resolution. Commissioner McClinton seconds the motion and it carries unanimously. IX. Other Business A. Minor Projects 1. Lot 83, Block 1, Wildridge Subdivision 2458 Draw Spur Road Color Modification Applicant: Jeff Manley 2. Lot 47, Block 2, Wildridge Subdivision 2540 Old Trail Road Deck and Parking Addition Applicant: Vincent and Amy Guercio B. Sign Permits 1. Lot 45, Block 2, Benchmark at Beaver Creek Subdivision 480 Nottingham Road Applicant: New Life Assembly of God Eric Johnson, Planning Technician gives a brief presentation/description of the items under other business. There are no questions for staff. Commissioner Wolfe inquires about the possible East/West connection in Avon. XI. Adjourn Commissioner Wolfe motions to adjourn. Commissioner Smith seconds and the motion, and it carried unanimously. Meeting adjourned at 6:40 p.m. ' Sincerely, Darcy D. Tennant Recording Secretary APPROVED: Chris Evans Chairman Mike McClinton " Nv •' C Secretary Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager A From: Ruth Borne, Director of Community Development Date July 3, 2002 Re: First Reading of Ordinance 02-17, An Ordinance Amending the Lot 61 PUD for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision Summary The applicant, Michael Hazard, has submitted a PUD amendment for the purpose of extending the expiration deadline for another six months. Staff has met with the applicant several times to discuss the relationship of the Lot 61 PUD to the adopted Town Center Plan. The applicant would like to explore the opportunities related to the Town Center Plan without lapsing the currently approved PUD, which expires on August 3, 2002. The PUD regulations allow for this type of amendment, and the applicant is not proposing any new development standards or any variations from the originally approved PUD plan as adopted by Ordinance 99-16. The Planning and Zoning Commission recommended approval of this PUD Amendment on July 3, 2001 with two conditions as attached on Resolution 02-09. Recommendation Staff recommends that the Town Council pass Ordinance 02-17, amending the Lot 61 PUD to extend the expiration deadline from August 3, 2002 to February 3, 2003. Alternatives 1. Approve on First Reading 2. Deny on First Reading Proposed Motion "I move to approve on first reading Ordinance 02-17, approving an amendment to the Lot 61 PUD for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. " Town Manager Comments r ?? uric v r v 0 L4 ?? CJ to C ?' ?? ? ? S ? o o Lpi'! S?Gct?.A 'be- C?icsl! r G( , Memo to Town Council, July 3, 2002 Page 1 of 2 Ordinance 02-17, Lot 61, Block 2, Benchmark at Beaver Creek PUD Amendment Attachments: A. Ordinance 02-17 B. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 02-09 Memo to Town Council, July 3, 2002 Page 2 of 2 Ordinance 02-17, Lot 61, Block 2, Benchmark at Beaver Creek PUD Amendment TOWN OF AVON ORDINANCE NO. 02-17 SERIES OF 2002 AN ORDINANCE APPROVING AN AMENDMENT OF THE LOT 61 PLANNED UNIT DEVELOPMENT (PUD) FOR LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, IDG3 LLC and C. Philip Smiley have applied for an amendment to the Lot 61 PUD to extend the PUD expiration deadline from August 3, 2002 to February 3, 2003, for the purpose of exploring development opportunities related to the recently adopted Town Center Plan; 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 July 2, 2002, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD amendment; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed PUD amendment to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the day of , 2002, at which time the public was given an opportunity to express their opinions regarding the proposed PUD amendment; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: F:\Council\Ordinances\2002\Ord 02-17 L61 B2 BMBC PUD amend.doc 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. That the amendment of the Lot 61 PUD to extend the PUD expiration deadline from August 3, 2002 to February 3, 2003, for the purpose of exploring development opportunities related to the recently adopted Town Center Plan, is consistent with goals and objectives of the Town's Comprehensive Plan, and is compatible with surrounding neighborhood and is consistent with the public interest. 3. That the development standards for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision comply with each of the Town of Avon's PUD design criteria and that this proposed development is consistent with the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The amendment to the Lot 61 PUD to extend the PUD expiration deadline from August 3, 2002 to February 3, 2003, for the purpose of exploring development opportunities related to the recently adopted Town Center Plan is hereby approved with two conditions: 1. The sole purpose of the PUD amendment is to extend the expiration deadline of the Lot 61 PUD from August 3, 2002 to February 3, 2003 in light of the recently adopted Town Center Plan. 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. FACounci1\0rdinances\2002\0rd 02-17 L61 B2 BMBC PUD amend.doc INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of , 2002, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of, 2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2002. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney F:\Counci1\0rdinances\2002\0rd 02-17 L61 B2 BMBC PUD amend.doc • Staff Report PUD Amendment VO'N C O L O R A D O July 2, 2002 Planning & Zoning Commission meeting Report date June 27, 2002 Project type PUD Amendment (Deadline Extension Request) Legal description Lot 61, Block 2, Benchmark at Beaver Creek Subdivision Current zoning PUD Address 75 Benchmark Boulevard Introduction The applicant, Michael Hazard, has submitted a PUD amendment for the purpose of extending the expiration deadline for another six months. Staff has met with the applicant several times to discuss the relationship of the Lot 61 PUD to the adopted Town Center Plan. The applicant would like to explore the opportunities related to the Town Center Plan without lapsing the currently approved PUD, which expires on August 3, 2002. The PUD regulations allow for this type of amendment, and the applicant is not proposing any new development standards or any variations from the originally approved PUD plan as adopted by Ordinance 99-16. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following design criteria, or demonstrate that one or more of them is not applicable, or that a particular development solution is consistent with the public interest. 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. The proposed amendment conforms to the Town Comprehensive Plan, and is being requested in order to explore further possibilities for conformance with the newly adopted Town Center Plan. 2. Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town. The proposed amendment to the PUD is a direct response to the recent adoption of the Town Center Plan. The applicant is attempting to explore new development opportunities as they relate to the design recommendations outlined in the Town Center Plan. An extension of the PUD for 6 months will allow the applicant to explore potential design development opportunities in the context of this plan. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivi3l6n, Lot 61 PUD • July 2, 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 proposed amendment to the PUD is a direct response to the recent adoption of the Town Center Plan. The applicant is attempting to explore new development opportunities as they relate to the design recommendations prior to submitting for final design approval. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The PUD Amendment proposed will not vary the density, uses, or activities approved on the site through Ordinance 99-16. The extension of the PUD for 6 months will allow the applicant to explore opportunities to create a more efficient and workable relationship of the property and surrounding properties as recommended in the Town Center Plan. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. The proposed PUD amendment will not affect natural or geologic hazards. 6. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The extension of the PUD for 6 months will allow the applicant to explore opportunities to create a more functional development of the property as recommended in the Town Center Plan. 7. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. The extension of the PUD for 6 months will allow the applicant to explore opportunities to create a more functional circulation system for both vehicles and pedestrians, addressing off- site traffic circulation in a manner that is consistent with both the Transportation Plan and Town Center Plan. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Landscaping and open space are not altered by this proposed amendment. 9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. The phasing plan is not being altered by this proposed amendment. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. The adequacy of public services is not an issue. The applicant is seeking an extension of the PUD approval for 6 months. -- -Town ofAvon Community- Development _(970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivign, Lot 61 PUD July 2, 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. The extension of the PUD for 6 months will allow the applicant to explore opportunities to create a more functional circulation system for both vehicles and pedestrians, addressing off- site traffic circulation in a manner that is consistent with both the Transportation Plan and Town Center Plan. 12. Development Standards Development Standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking are not being altered by this proposed amendment. Staff Comments & Recommendation Staff recommends approval of this PUD Amendment to allow a six-month extension of the PUD expiration from August 3, 2002 to February 3, 2003. This extension is specifically being requested by the owner of the property in order to further explore the development opportunities related to the recommendations of the adopted Town Center Plan. Recommended Motion Approve Resolution 02-09, recommending to the Town Council to approve the Lot 61 PUD Amendment, Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado with the following conditions: 1. The sole purpose of the PUD amendment is to extend the expiration deadline of the Lot 61 PUD from August 3, 2002 to February 3, 2003 in light of the recently adopted Town Center Plan. 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- 4030, or stop by the Community Development Department. Respectf Il submitted, Tambi Katieb Town of Avon Community Development (970)_748-4030 rax (aiu) a4a-aiva TOWN OF AVON C PLANNING & ZONING COMMISSION RESOLUTION NO. 02-09 SERIES OF 2002 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF A PUD AMENDMENT TO THE PUD FOR LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, IDG3 LLC and C. Philip Smiley have applied for an amendment to the Lot 61 PUD to extend the PUD expiration deadline from August 3, 2002 to February 3, 2003, for the purpose of exploring development opportunities related to the recently adopted Town Center Plan; and WHEREAS, after notices required by law, a public hearing on said application was held by the Planning & Zoning Commission of the Town of Avon; and WHEREAS, said application is consistent with all legal requirements. NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby recommends to the Town Council of the Town of Avon approval of the application for PUD amendment for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado with the following conditions: 1. The sole purpose of the PUD amendment is to extend the expiration deadline of the Lot 61 PUD from August 3, 2002 to February 3, 2003 in light of the recently adopted Town Center Plan. 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. 0 • ADOPTED THIS 2nd DAY OF JULY, 2002 Signed: Date: '7 Z !? Z ncv LLtm-16L? Chris Evans, Chairman Attest: Date: 0"Z .A Michael McClinton, Secretary ORDINANCE NO. 02-16 AN ORDINANCE REPEALING CHAPTER 8.31 OF TITLE 31 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO ODOR POLLUTION BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Repeal. Chapter 8.3 1, Title 8 of the Municipal Code of the Town of Avon is repealed. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 9th day of July 2002, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 23rd day of July, 2002, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Mayor ATTEST: Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 23rd day of July, 2002. Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Memo To: Honorable Mayor and Town C uncil Thru: Bill Efting, Town Manager g 2,-' -- From: Scott Wright, Finance Director(; ? Date: July 3, 2002 Re: Real Estate Transfer Tax Ordinance No. 02-14 Summary: The above ordinance adds and clarifies language within the primary residence exemption from real estate transfer tax as noted below: ¦ Allows the application to be filed with a designee of the Town Manager (as is already the practice); ¦ Clarifies existing language regarding circumstances where the property discontinues to be used as a primary residence prior to one year; ¦ Allows the Town to charge interest on the amount due when a primary residence is sold or the character of the property changed prior to one year; ¦ Allows the Town to record with the County Clerk and Recorders Office the promissory note that a purchaser executes with the Town at the time of application for the exemption, and to charge a nominal recording fee therewith. Town Manager Comments: Page 1 ORDINANCE NO. 02-14 COLORADO: AN ORDINANCE AMENDING CHAPTER 12 OF TITLE 3 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO THE PRIMARY RESIDENCE EXEMPTION FROM THE REAL ESTATE TRANSFER TAX. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, Section 1. Amendment. Subsection O. of Section 3.12.060 of Chapter 12, Title 3 of the Municipal Code of the Town of Avon is amended to provide as follows: "O. The first one hundred sixty thousand dollars of the consideration for any sale or conveyance of real property and completed improvements for occupancy as a primary residence provided the following conditions are met: 1. The same applicant has not previously received an exemption pursuant to this subsection; 2. An application for exemption is filed with the town manager or his or her designee prior to payment of the tax, which application is accompanied by: (a) an affidavit that the real property is being purchased for use as a primary residence and not for investment or resale; and (b) a promissory note in the amount of the tax otherwise owing, together with interest accruing at the rate hereinafter provided, providing that the tax and the promissory note including accrued interest shall be due and payable in full in the event the applicant shall cease to use the property as his or her primary residence within one year after closing and granting to the town a lien securing such indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of record;" INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 9th day of July, 2002, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 23rd day of July, 2002, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Mayor ATTEST: Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 23rd day of July, 2002. Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ORDINANCE NO. 02-18 SERIES OF 2002 AN ORDINANCE ADDING A USE TAX ON CONSTRUCTION MATERIALS. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Chapter 3.08 of the Avon Municipal Code is amended as follows: (a) Title. The title of chapter 3.08 is amended to state "SALES AND USE TAX." (b) &3.08.020. Taxable items. A new subpart D. is added to state as follows: "D. Upon the purchase price paid for or the acquisition costs of construction materials brought within the boundaries of the town for the purpose of being used to build, construct, reconstruct, alter, expand, modify or improve any building, dwelling or other structure or improvement to real property in the town." (c) &3.08.030. Sales tax levy. (i) The title of §3.08.030 is changed to state "Sales and use tax levy." (ii) Section 3.08.030C is repealed and reenacted to state as follow: "The retailer shall add the sales tax imposed hereto to the sale or charge of the item sold, showing such tax as a separate and distinct item, and, when added, such tax shall constitute a part of such price or charge, shall be a debt from the purchaser to the retailer until paid, and shall be recoverable at law in the same manner as other debts." (iii) A new subpart E. is added to state as follows: "E. (1) A tax of four percent is imposed upon the purchase price paid for or the acquisition costs of construction materials brought within the boundaries of the town for the purpose of being used to build, construct, reconstruct, alter, expand, modify or improve any building, dwelling or other structure or improvement to real property in the town. (2) Any person who shall build or improve any dwelling or other structure or improvement to realty within the town, including underground improvements, and who shall purchase the necessary construction materials needed therefore from any source inside or outside of the town, shall keep all invoices and statements regarding such materials from both the general and subcontractors, along with a summary sheet showing such purchases, and shall, on or before the tenth day of each succeeding month following the start of construction, file a return with the Finance Director, to which he shall attach such invoices, statements and summary for the construction materials purchased the previous month, and . shall thereupon pay to the Finance Director the full amount of the use tax due thereon for the preceding month or months. Any failure to preserve such statements and invoices, and to make such return and payment of such use tax, shall be deemed a violation of this chapter. The full amount of any use tax due and not paid for construction materials shall be a lien upon the real property benefited by such improvements, and the Finance Director is authorized to file a notice of such lien with the County Clerk and Recorder. (3)(a) Any person who shall build or improve any dwelling or other structure or improvement to realty within the town, including underground improvements, and who shall purchase the necessary construction materials needed therefore from any source inside or outside of the town, may, at such person's option, remit a deposit to the Finance Director prior to the issuance of any building permit for such improvement, such deposit to insure and indemnify the town for the amount of use tax due. The amount of the deposit shall be based upon an estimate of the use tax to be payable on the construction materials used for the improvement. Such estimate shall be made, and such deposit shall be paid, at the time that the applicable building permit is issued. The estimate of the cost of the construction materials shall be determined by the Town Building Official, and the estimate shall be subject to adjustment if the actual cost of the construction materials needed for the improvement is either less than or greater than such estimate. If the taxpayer elects the deposit procedure set forth in this subsection (3), then the provisions of subsection (2) hereof shall be waived. Upon payment of the deposit as set forth herein, the Finance Director shall issue the taxpayer a receipt identifying the property that is the subject of the deposit and the building permit number. (b) For the purpose of calculating the amount of the deposit as provided for herein, the value of the construction materials in the improvement shall be estimated to be equal to fifty percent of the total value of the improvement as determined by the Building Official for building permit purposes. The deposit shall be in the amount of four percent of such estimated value of the construction materials. (c) If it is determined by the Finance Director that the actual cost of the construction materials for the improvement is greater than the estimate therefore, and that the amount of the use tax deposit is not sufficient to 2 provide for full payment of the use tax, then the Finance Director shall make a demand to the taxpayer for the additional use tax owed; provided, in no case may the Finance Director make a claim for amounts due over and above the amount of the deposit more than three years after a certificate of occupancy or final inspection approval has been issued by the town for the improvement. A taxpayer's failure to honor the Finance Director's claim for additional tax due, as set forth in this paragraph, shall constitute a violation of this chapter. (d) If it is determined by the Finance Director that the deposit is sufficient to provide for full payment of the use tax, then the deposit shall be used to pay the amount of the use tax due. If the Finance Director determines that the amount of the deposit is in excess of the use tax owned, then he shall return any excess amount of the deposit to the person who made the deposit within thirty days of such determination.. (4) If a taxpayer purchases construction materials subject to the use tax imposed herein from a vendor possessing a valid Town of Avon retail sales tax license, and if he pays the town's sales tax at the time of purchase of such construction materials, then he shall be entitled to a credit, to the extent of such sales tax paid, to be applied to the amount of use tax owed. (5) Construction materials subjected at the time of purchase to a sales or use tax lawfully imposed on the purchaser by another statutory or home rule municipality in the State of Colorado, if taxed at a rate equal to or greater than the four percent rate provided for herein, are exempted from the Town of Avon's use tax. If the rate of the sales or use tax imposed by such other Colorado statutory or home rule municipality is less than four percent, the difference between the tax due under this chapter and the tax paid by the purchaser shall be due to the Town of Avon, and shall be remitted to the Finance Director. (6) All use tax funds collected by the Town in accordance with the provisions of this chapter shall be appropriated and spent solely for transportation and recreation capital projects and services." (d) & 3.08.320. Sales tax - Credit for sales or use taxes previously paid to another municipality. (i) The title of § 3.08.320 is changed to state "Sales and use tax - Credit for sales or use taxes previously paid to another municipality." (ii) Section 3.08.320 is repealed and reenacted to state as follow: "For transactions consummated on or after January 1, 1986, the town's sales tax shall not apply to the sale of tangible property at retail or the furnishing of services if the transaction was previously subjected to a sales or use tax lawfully imposed on the 3 purchaser or user by another statutory or home rule municipality equal to or in excess of that provided for in Section 3.08.030. A credit shall be granted against the town's lawfully imposed local sales or use tax previously paid by the purchaser or user to the previous statutory or home rule municipality. The amount of the credit shall not exceed the town's sales or use tax imposed pursuant to Section 3.08.030." Section 2. Election and Effective Date. Under Article X, Section 20 of the Colorado Constitution, the Council refers the tax increase provided in this ordinance to the qualified electors of the Town for approval at the regular Town election scheduled for November 5, 2002. If approved by a majority of the electors voting thereon, this ordinance shall become effective when the Town Clerk or other designated election official duly files the required certificate of election, or on January 1, 2003, whichever occurs last. Section 3. Ballot Title and Question. The ballot title and question submitted to the electors shall be as follows: SHALL TOWN OF AVON TAXES BE INCREASED $1.6 MILLION ($1,600,000) ANNUALLY IN 2003, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY THE IMPOSITION OF A FOUR PERCENT (4%) USE TAX ON THE PRIVILEGE OF USING OR CONSUMING IN THE TOWN ANY CONSTRUCTION MATERIALS, SUCH USE TAX REVENUES TO BE APPROPRIATED AND SPENT SOLELY FOR TRANSPORTATION AND RECREATION CAPITAL PROJECTS AND SERVICES, ALL IN ACCORDANCE WITH ORDINANCE NO. 01-08 ADOPTED BY THE TOWN COUNCIL; AND SHALL THE REVENUES COLLECTED FROM SUCH TAX AND ANY EARNINGS FROM THE INVESTMENT OF SUCH REVENUES BE COLLECTED AND SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? YES 4 NO Section 4. Repealer. If the electors approve this ordinance, then on the effective date specified above, all ordinances or parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such inconsistency. Section 5. Severability. The provisions of this ordinance are severable, and invalidity of any part shall not affect the validity or effectiveness of the rest of this ordinance. INTRODUCED, APPROVED ON FIRST READING, AND ORDERED PUBLISHED IN FULL AND POSTED, this day of July, 2002, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the _ day of , 2002, at 5:30 p.m. in the Municipal Building of the Town of Avon, Colorado. TOWN OF AVON, COLORADO: Mayor ATTEST: Town Clerk 5 INTRODUCED, APPROVED ON SECOND READING, AND ORDERED PUBLISHED AND POSTED this day of , 2002. TOWN OF AVON, COLORADO: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 6 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD JUNE 25, 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 Pro Tem Buz Reynolds called the meeting to order at 5:30 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt, and Brian Sipes present. Absent was Judy Yoder. Also present were Town Manager Bill Elting, 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, Planner Tambi Katieb, as well as members of the press and public. Citizen Input Julie Kessenich, Avon's Recreation Coordinator, presented an update to the Salute to the U.S.A. Celebration on July 4th. It was already announced to the public that the fireworks display had been cancelled, however, she highlighted the schedule for the day with the names of the bands and some of the activities and vendors who would attend. Ordinances Community Development Director Ruth Borne presented Ordinance No. 02-15 for first reading. She noted that the applicant Mike Bowen, owner of Lot 6 of the McGrady Acres Subdivision, sought to assign Neighborhood Commercial zoning to this property. It has already been reviewed and justified that the NC zoning on Lot 6 is appropriate and fits the new character of the subdivision of the area of Town. She also highlighted the fact that commercial traffic would not be generated through this area because with the annexation of Lots 1, 2, 3, a cul de sac would be required in the EagleBend Drive area. Councilor D. Buckley moved to approve Ordinance No. 02-15, Series 2002 on first reading, an Ordinance approving Neighborhood Commercial Zoning for Lot 6 of McGrady Acres Subdivision, Town of Avon, Eagle County, Colorado. Councilor McDevitt seconded the motion and it passed unanimously by those members present. (Yoder absent). It was noted that the public hearing would be held on July 9, 2002 on second reading and the public was invited to attend or inquire about the rezoning with the Community Development Department. New Business Councilor Debbie Buckley raised the need for Council action to appoint another person to the Planning & Zoning Commission due to the recent appointment of Brian Sipes to the Town Council. Councilor D. Buckley moved to appoint Patrick Hirn to serve on the P&Z Commission. Councilor McDevitt seconded the motion and it passed with a majority yea vote (Yoder absent). Manager Bill Elting would contact Mr. Him about his appointment. Town Manager Report Councilor P. Buckley asked about the status of Avon's Community picnic scheduled for July 16th. Manager Bill Elting informed the Council that there were discussions currently taking place with the Fire Department about whether or not to cancel the event in light of the demands on the fire department. Another date in August was being considered, but nothing was definite. It was decided that the July 16th date would not work for the picnic. Consent Agenda a. Approval of the June 11, 2002 Council Meeting Minutes b. Approval of 2001 Audited Financial Statements c. Award Contract - Avon Street Improvement, 2002 d. Resolution No. 02-33, Series 2002 - Final Plat Lot 21, Block 1, Wildridge e. Nottingham Road Bike Path - Change Order #4 Mayor Pro Tem Reynolds asked for a motion on the Consent Agenda. Councilor D. Buckely moved to approve the Consent Agenda. Councilor Brown seconded the motion. The motion was carried unanimously. (Yoder absent). There being no further business to come before the Council, the meeting adjourned at 6 PM. RESPECTFULLY SUBMITTED: Patty Bierle-McKenny, Town Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Judy Yoder Regular Council Meeting June 25, 2002 Page 2 of 2 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD JUNE 25, 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 Pro Tem Buz Reynolds called the meeting to order at 5:30 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt, and Brian Sipes present. Absent was Judy Yoder. Also present were Town Manager Bill Efting, Assistant Town Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Patty McKenny, Human Resource Director Jacquie Halburnt, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed, Transit Director Harry Taylor, Planner.Tambi Katieb, as well as members of the press and public. Citizen Input Julie Kessenich, Avon's Recreation Coordinator, presented an update to the Salute to the U.S.A. Celebration on July 0'. It was already announced to the public that the fireworks display had been cancelled, however, she highlighted the schedule for the day with the names of the bands and some of the activities and vendors who would attend. Ordinances Community Development Director Ruth Borne presented Ordinance No. 02-15 for first reading. She noted that the applicant Mike Bowen, owner of Lot 6 of the McGrady Acres Subdivision, sought to assign Neighborhood Commercial zoning to this property. It has already been reviewed and justified that the NC zoning on Lot 6 is appropriate and fits the new character of the subdivision of the area of Town. She also highlighted the fact that commercial traffic would not be generated through this area because with the annexation of Lots 1, 2, 3, a cul de sac would be required in the EagleBend Drive area. Councilor D. Buckley moved to approve Ordinance No. 02-15, Series 2002 on first reading, an Ordinance approving Neighborhood Commercial Zoning for Lot 6 of McGrady Acres Subdivision, Town of Avon, Eagle County, Colorado. Councilor McDevitt seconded the motion and it passed unanimously by those members present. (Yoder absent). It was noted that the public hearing would be held on July 9, 2002 on second reading and the public was invited to attend or inquire about the rezoning with the Community Development Department. New Business Councilor Debbie Buckley raised the need for Council action to appoint another person to the Planning & Zoning Commission due to the recent appointment of Brian Sipes to the Town Council. Councilor D. Buckley moved to appoint Patrick Him to serve on the P&Z Commission. Councilor McDevitt seconded the motion and it passed with a majority yea vote (Yoder absent). Manager Bill Efting would contact Mr. Him about his appointment. Town Manager Report Councilor P. Buckley asked about the status of Avon's Community picnic scheduled for July 16th. Manager Bill Efting informed the Council that there were discussions currently taking place with the Fire Department about whether or not to cancel the event in light of the demands on the fire department. Another date in August was being considered, but nothing was definite. It was decided that the July 16th date would not work for the picnic. Consent Agenda a. Approval of the June 11, 2002 Council Meeting Minutes b. Approval of 2001 Audited Financial Statements c. Award Contract - Avon Street Improvement, 2002 d. Resolution No. 02-33, Series 2002 - Final Plat Lot 21, Block 1, Wildridge e. Nottingham Road Bike Path - Change Order #4 Mayor Pro Tem Reynolds asked for a motion on the Consent Agenda. Councilor D. Buckely moved to approve the Consent Agenda. Councilor Brown seconded the motion. The motion was carried unanimously. (Yoder absent). There being no further business to come before the Council, the meeting adjourned at 6 PM. RESPECTFULLY SUBMITTED: Patty Bierle-McKenny, Town Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Judy Yoder Regular Council Meeting June 25, 2002 Page 2 of 2 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager b-<- From: Ruth Borne, Director of Community Development '/. Norm Wood, Town Engineer Date July 5, 2002 Re: Resolution 02-34, An Access Easement for Lot 41, Block 1, Benchmark at Beaver Creek, Barrancas PUD, Town of Avon, Colorado Summary The 45-unit Barrancas project on Metcalf Road encroaches onto Tract A of the Wildridge Subdivision for driveway access to Lot 41. Tanavon Corporation is seeking approval of an access easement from the Town of Avon for the driveway and other associated improvements, which include a retaining wall and landscaping. Recommendation Staff recommends approval of the attached Access Easement for Lot 41, Block 1, Benchmark at Beaver Creek Subdivision. Town Manager Comments Attachments: • Resolution 02-34 • Access Easement • Exhibit A Memo to Town Council, July 4, 2002 Page 1 of 1 Resolution 02-34, Access Easement for Lot 41, Block 1, BMBC TOWN OF AVON RESOLUTION NO. 02-34 SERIES OF 2002 A RESOLUTION APPROVING THE ACCESS EASEMENT FOR LOT 41, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, BARRANCAS PUD, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Access Easement (a copy of which is attached hereto and made a part hereof) complies with Town Standards; and WHEREAS, the Access Easement authorizes the property owner of Lot 41, Block 1, Benchmark at Beaver Creek Subdivision, to access a portion of the Town of Avon's property, known as Tract A, Wildridge Subdivision and described therein as the "Basement Area" for the purposes of access, grading, paving, landscaping and slope maintenance, including entering upon said Easement Area to grade, level, fill, drain, pave, build, and construct retaining walls; and WHEREAS, the exercise of the Access Easement must be recorded with the Eagle County Clerk & Recorder prior to the issuance of a building permit for Lot 41, Block 1, Benchmark at Beaver Creek Subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town Council of the Town of Avon, Colorado does hereby approve the attached Access Easement for Lot 41, Block 1, Benchmark at Beaver Creek Subdivision. ADOPTED THIS DAY OF .2002. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Town Clerk F:\Counci1\Resolutions\2002\Res 02-34 L41 BI BMBC access easement.doc ACCESS EASEMENT FOR LOT 41, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, BARRANCAS PUD, TOWN OF AVON, COLORADO KNOW ALL MEN BY THESE PRESENTS, that the undersigned, TOWN OF AVON, a municipal corporation (hereinafter called "Grantor") and TANAVON CORPORATION, a Colorado Corporation whose address is 143 East Meadow Drive #499A Vail, Colorado 81657 (hereinafter called "Grantee") their successors and assigns, for good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby agree and covenant as follows: RECITALS 1. TANAVON CORPORATION is the Owner of Lots 40 and 41, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Colorado, which is also referred to as the Barrancas PUD. 2. TOWN OF AVON is the owner of Tract A, Wildridge Subdivision, which is designated open space and part of the Wildridge PUD. 3. TANAVON CORPORATION desires a portion of Tract A for obtaining access to Lot 41, Block 1, Benchmark at Beaver Creek Subdivision, which is described as: That portion of Tract A, Wildridge Subdivision: Beginning at the Northwest Corner of Lot 41, Block 1 Benchmark at Beaver Creek Subdivision thence S89 54' 56"E 172.46 feet to the R.O.W. of Metcalf Road thence southeasterly along the R.O.W. to the Northeast Corner of said Lot 41, thence westerly along the north property line of said Lot 41 128.59 feet to the True Point of Beginning. and also referred to as Access Easement. AGREEMENT Subject to the terms, covenants, agreements, restrictions and conditions set forth herein, the TOWN OF AVON hereby grants, sells and conveys to TANAVON CORPORATION, as the Owner of Lot 41, Block 1, Benchmark at Beaver Creek Subdivision a private, nonexclusive perpetual access easement to construct, reconstruct, repair and maintain landscape, paving and streetscape features in general conformance to those depicted on attached Exhibit "A". The Access Easement shall be for the benefit of TANAVON CORPORATION and shall be appurtenant to, and run with title to Lot 41, Block 1, Benchmark at Beaver Creek Subdivision, Barrancas PUD, Town of Avon, Colorado. F:\Development Agreements & Contracts\Barrancas Access Easement.Doc Grantee agrees that it will be solely responsible for landscaping, maintenance and upkeep of said Access Easement. Grantee indemnifies and holds harmless Grantor, its agents and employees from and against claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from performance of any work by Grantee, its agents, or from damage caused by utility equipment installed and maintained by Grantee or Holy Cross Energy within said easement. Grantor covenants that it is the owner of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: TO HAVE AND TO HOLD, said access easement, together with all and singular, the rights and privileges appertaining thereto, unto Grantee, its' successors and assigns, forever. Grantor: TOWN OF AVON, a municipal corporation Judy Yoder, Mayor STATE OF COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2002 by JUDY YODER as Mayor of the Town of Avon, a municipal corporation. WITNESS my hand and official seal. My commission expires: Notary Public Grantee: TANAVON CORPORATION. a Colorado corporation F Tevelopment Agreements & Contracts\Barrancas Access Easement.Doc STATE OF COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2002 by WITNESS my hand and official seal. My commission expires: a Colorado corporation. Notary Public F:\Development Agreements & Contracts\Barrancas Access Easement.Doc Exhibit "A" That portion of Tract A, Wildridge Subdivision described as follows: Beginning at the Northwest Corner of Lot 41, Block 1 Benchmark at Beaver Creek Subdivision thence S89 54' 56"E 172.46 feet to the R.O.W. of Metcalf Road thence southeasterly along the R.O.W. to the Northeast Corner of said Lot 41, thence westerly along the north property line of said Lot 41 128.59 feet to the True Point of Beginning. F:\Development Agreements & Contracts\Barrancas Access Easement.Doc r Jul Ue ue 1 1: qua r l e l asLOno Love 1 oPmeri t, L-t- o r u--r r o-Uf_Ij j EXH151 r ?r Af I-- 3 r= r= - TPACT--A A/OP?3 '05i '--772,46' 78 3.49' .. ??/ 7798:86 ? v 0 o `SMH 084 t7M 80 ?- GUARD- RAIf GAS LINE IVALW ? 77,28 a i i ?o ?- E)(IS77NG 84" CMP TERMINA71ON UND,-TrRMINED APPROX. CL OF ROAD 7792.70\ EDGE OF ASPHALT R = 269.73' L = 44.70' A = 09r2gz45 FOW& 1 112' ALUM#WjM CAp (DISAIRBED) R = - 269.73' L = 107.36' 21t.4" No?tH r•F- R = 530-27' L = 342.96' A = 37'0324" Jul 02 02 09:36a Fieldstone Development LL 970-476-8293 p.4 ?xrtr 8i r ?' IL ?r vo z r c? ? • ?' nuAl?iuM i ?? FLOW LINE OF [REE APO SILT FEN( TO FOLLOW LINE OF DISTURBAN(?,- (GUARDRAIL xlaks? VAC ? ...\ .? _ _ • Id \\ \ \ `v\ ?f M • ?,? 5 ?? E 17-2.46' - LLJ TMi Tw?A E v? wtwe_ _ 7810 7810. z ?- 7820 zcl - 7820 "z Jul-05-02 11:06am From- T-040 P-002/003 F-493 AGREEMENT BETWEEN THE TOWN OF AVON, COLORADO AND EAGLE RIVER WATER & SANITATION DISTRICT IN CONJUNCTION WITH ODOR CONTROL WITHIN THE AVON TOWN LIMITS THIS INTERGOVERNMENTAL, AGREEMENT, made and entered into this day of 2002, by and between The Town of Avon, Colorado through its Town Council and Eagle River Water & Sanitation District by and through its Board of Directors. RECITALS WHEREAS, The Town of Avon desires a pleasant and odor free environment for all its residents and visitors; and WIIEREAS, Eagle River Water & Sanitation District owns and operates the Avon Wastewater Treatment Plant for the protection of the health and safety and for the common good of residents and visitors in and around the Town of Avon; and WHEREAS, Eagle River Water & Sanitation District desires to operate the Avon Wastewater Treatment Plant in an efficient and odor free condition; and WHEREAS, Eagle River Water & Sanitation District seeks a cooperative working relationship with the Town of Avon staff and elected officials; and NOW. THEREFORE, in consideration of the mutual cooperation and promises of the parties hereto, the District and the Town agree as follows: 1. Duties of the District 1.1 The District agrees to operate the Avon Wastewater Treatment Plant in an efficient and odor free manner. 1.2 The District agrees to provide appropriate operational and capital funds to ensure the efficient and odor free operations of the Avon Wastewater Treatment Plant. 1.3 The District agrees to notify the appropriate Town officials when they anticipate that upcoming actions could cause an odor excursion. In this event, the District needs to explain all steps that they will take to minimize the odor excursion. 1.4 The District agrees to assist the appropriate Town officials in the investigation of complaints of odors within the Town limits. 1.5 The District agrees to provide the Town with a written explanation of the cause of odor releases offsite the WWTP and within the Town limits within 72 hours of the excursion. The District agrees to take all appropriate actions to prevent a re-occurrence of the "cause" of this offsite odor release. The WWI VY Vc II -WWGoi r ium- 1-u-ru r. uugi uua r-40J District further agrees to meet with a town representative(s) to further discuss the causes and corrective actions if asked. 2. Duties of the Town 2.1 The Town agrees to notify the District as soon as possible of any odor complaints received within the Town limits. 2.2 The Town agrees to respond with any concerns or requests to the prior notification of actions that could cause offsite odors as mentioned in par. 1.3. 2.3 The Town agrees to assist the appropriate District officials in the investigation of complaints of odors within the Town limits. 2.4 The Town agrees to notify the Avon Wastewater Treatment plant personnel of any special events scheduled to occur within 2,500 feet of the treatment plant property fine. 2.5 The Town agrees to establish a line of exclusion for complaints arising from within 75 feet of the Wastewater Treatment plant fence line. 3. Joint Actions 3.1 The Town and the District agree to only release joint statements to the public and press concerning the cause and resolution of any offsite odor excursions. (it should be noted that both the Town and the District have open meetings where the press might to present when odor issues are discussed) 3.1 Each party agrees to review this agreement every 12 months for purposes of renewal. 3.3 Either party may terminate this agreement for cause with 30 days notice. TOWN OF AVON Judy Yoder, Mayor EAGLE RIVER WATER AND SANITATION DISTRICT Frcderick P. Sackbauer, IV, oard President