TC Council Packet 03-11-2003STATE 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 MARCH 11, 2003, AT 2:30 P.M. IN THE
MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE
PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING:
2:30 PM - 3:15 PM 1) Council Committee Updates
a. Water Committee Updates (Debbie Buckley)
3:15 PM - 3:30 PM 2) Budget Update (Larry Brooks)
3:30 PM - 4:00 PM 3) Non Profit Contribution Discussion
4:00 PM - 4:45 PM 4) Land Trade Discussion (Jimmy Mandel, VRI)
4:45 PM - 5:25 PM 5) Staff Updates
a. Recreation Issues (Meryl Jacobs)
b. Swift Gulch Road Extension (Norm Wood)
c. Traffic Counts (Norm Wood)
d. Eagle County Wildfire Regulations (Ruth Borne)
Council Questions
Consent Agenda Questions
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS
OPEN TO THE PUBLIC.
TOWN OF AVON, COLORADO
BY: Pxi ,-
att McKenny
own Clerk (7)
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
MARCH 7, 2003:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
Avon Council Meeting. 03.03.11
Memo
To: Honorable Mayor and Town Council
From: Councilor Debbie Buckley
Thru: Patty McKenny, Town Clerk
Date: March 5, 2003
Re: Correspondence from Berry Creek Metro & Edwards Metro District
Summary:
Debbie asked that I include his correspondence in your packets for your review.
Berry Creek Metropolitan District
February 21, 2003
Board of Directors
Upper Eagle Regional Water Authority
Eagle River Water and Sanitation District
846 Forest Road
Vail, Colorado 81657
RE: Consolidation
Dear Board Members:
The Berry Creek Metropolitan District Board of Directors agrees with the
Edwards Metropolitan District that it is time to consolidate the water function. We also
understand that everyone who is a member of the Upper Eagle Regional Water Authority
may not agree, and may not be ready to effect Consolidation.
We presume that following a Consolidation of less than all of the Members of the
Water Authority that we would still receive an appointed Representative from the pre-
existing District area. When everyone consolidates, there of course would be no
remaining UERWA, and we would all be represented by the 7 Member Board of
ERW&SD.
So again in summary, we believe the time for Consolidation has come, and
encourage you to assist us in pursuing this in the near future.
Sincerely,
/s/ Peter Bergh
Peter Bergh, President
cc: Eagle-Vail Metropolitan District
Edwards Metropolitan District
Post Office Box 1058 • Edwards, Colorado 81632
(970) 926-6060 9 Fax (970) 926-6040
EDWARDS 1VIETROPOLIAN DISTRICT
c/o Robertson & Marchetti, PC
Post Office Box 600
Edwards, Colorado 81632 I R E C E I V E D
February 21, 2003
Board of Directors
Upper Eagle Regional Water Authority
Eagle River Water and Sanitation District
846 Forest Road
Vail, Colorado 81657
R,E: Consolidation
Dear Board Members:
The Board of Directors of the Edwards Metropolitan District believes it is
time to consolidate the water function. We understand that everyone who is a
member of the Upper Eagle Regional Water Authority may not agree, and may not
be ready to effect Consolidation. Edwards is, and in fact we believe that it is
probable that Eagle-Vail and Berry Creek may also be ready.
We presume that following a Consolidation of less than all of the Members
of the Water Authority that we would still receive an appointed Representative
from the pre-existing District area. In other words, the ERW&SD Board, if
Edwards, Berry Creek, and Eagle-Vail consolidated into ERW&SD, would appoint
a Representative to the UERWA Board from the Edwards area, the Berry Creek
area, and from the Eagle-Vail area. When everyone consolidates, there of course
wouln ne no remaining UERWA, and we would all be represented by the 7
Member Board of ERW&SD.
So again in summary, we believe the time for Consolidation has come, and
encourage you to assist us in pursuing this in the near future.
S'ncereIy,,
P,
Jo McCaulley, irman
cc: Eagle-Vail Metropolitan District
Berry Creek Metropolitan District
Edwards vietrop?ii[ml lhs[ric Lenasi2W3 Letters/
Memo
To: Honorable Mayor and Town Council
From: Patty McKenny, Town Clerk
Date: March 6, 2003
Re: Information for "Non Profit Funding Discussion"
Summary:
Larry asked me to include the following information for you to review for the Non-Profit Funding
Discussion:
? Summary Sheet on the Non-Profit Funding Requests
? Summary of Priorities as proposed by the Economic Development Committee.
Town of Avon, Colorado
Financial Support, Donations and Contributions
Non-Profit Organization
Funding used for: 2002
Actual 2003
Request 2003
Budget 2111/03
Request
Vail Valley Foundation 2002 Birds of Prey 35,000 10,000 10,000 -
requested $7,000 in-kind services (buses)
2003 American Ski Classic 30,000 25,000 - 25,000
2003 Vail International Dance Festival - 7,500 - 7,500
2003 Launch into Literacy-Avon Elementary school - 7,500 - 7,500
Due to cancellation of 2001 Birds of Prey event, Town (17,500) - - -
of Avon was credited $17,500 in 2002.
Total Contribution 47,500 50,000 10,000 40,000
Vilar Center for the Arts 02-03 Vilar Center for the Arts - 18,500 - 18,500
request made by VVF as 03 Beaver Creek Theater Festival - 7,500 - 7,500
managing entity
Total Contribution - 26,000 - 26,000
Vail Valley Chamber & Key goals for 2003 include: improving the economic 25,000 40,000 - 25,000
Tourism Bureau opportunity for member businesses, increasing the number
of visitors to the area, and reducing the cost of doing
business in the community.
Total Contribution 25,000 40,000 - 25,000
Bravo! 2003 Town of Avon Summer Library Program 50,000 25,000 - 25,000
Vail Valley Music Festival Six Concert Chamber Music Series, Vilar Center - 25,000 - 25,000
Artist support for the New York Philharmonic - 30,000 - 30,000
Residency in the Valley
Total Contribution 50,000 80,000 - 80,000
Colorado West Regional 2003 Financial Funding support for the detoxification - - - 8,405
Mental Health, Inc. program, Colorado West Recovery Center. Funding is
based on formula which uses population figures from
census report.
Total Contribution - - - 8,405
Vail International Hockey Funding for Vail International Hockey Team to travel to - -
Russia for 17 days in December 2003
Different sponsorship levels presented
Total Contribution - - - -
PROGRAMS 00
Eagle River Youth Coalition A contribution of $3 per youth in Avon. The organization - 4,000 4,000 na
supports the youth serving organizations in Eagle County.
Total Contribution - 4,000 4,000
Eagle County Down Payment Program was created to provide down payment assistance 10,000 25,000 10,000 na
Assistance to low and moderate income families
Total Contribution 10,000 25,000 10,000
(Account # 114 64902)
TOTAL CONTRIBUTIONS 232,500 225,000 24,000 179,405
3/5/2003
Non Profit Requests
Town of Avon
Committee on Economic Development
Summary of Priorities
1. Short-Term Priorities
Proposed
Funding
A. Determine which programs the Council should financially support for 2003 as follows
1. Generate business for local Avon when big box stores open by identifying some 5,000
promotional opportunities.
2. Support Vail Valley Economic Council (Don Cohen). 5,000
3. Support from the Chamber to assist in the following: 10,000
Determine Avon's posture in attracting new year-round businesses to Avon.
Generate commensurate marketing piece.
4. Encourge Chamber to continue sponsoring certain programs which have been helpful to 5,000
community, I.e. economic development related, One Valley Coaltion.
5. Capitalize on the Thursday night rodeo event as sponsored by BCRA. 5,000
6. Capitalize on the theater festival attendees at the Vilar Center 5,000
7. Determine funding for Vail Valley Foundation - American Ski Classic. 25,000
Subtotal 60,000
B. Generate business for local Avon when big box stores open by identifying some
promotional opportunities.
C. Determine if there is Council, staff and citizen support for a Nottingham Lake to WalMart
"Main Street". If there is, then define it as a background for future development.
D. Support Vail Valley Economic Council
E. Be Aware of activities in west "Main Street" are (Lot 61, B, C, etc.)
F. Review and act upon possible Avon Merchant outreach issues (Vista, etc.)
G. Determine if any of these priorities will require consulting services, $25 - $30K in budget
Medium-Term Priorities (May - October)
A. Review and revise west "main street" plan (if necessary). (Avon Road to Nottingham Lake).
Determine implementation strategy.
B. Oversee the Chapel Square occupancy plans WRT the Wal-Mart space and subsequent
Kevin Diegan tenants.
C. Determine Avon's posture with respect to attracting new year-round businesses to Avon.
Generate commensurate marketing piece.
D. Determine 2004 Council financial support as in 1.a. above.
Long-Term Priorities (November 2003 and beyond)
A. Continue to generate short-term and medium-term plans as above.
B. Implement plans that get Council approval.
3/5/2003
Council Committee 2003
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Ruth Borne, Director of Community Development
Date March 6, 2003
Re: Outline of Vassar Meadows Land Exchange
Summary
On June 27, 2000, Avon Town Council approved Resolution 00-31 endorsing the Vassar Meadows
Land Exchange between the White River National Forest and the Town of Avon. The Resolution
was designed to support Vail Associates, Inc. in acquiring the `West Avon' parcel (478.09 acres) for
affordable housing and open space. A copy Resolution 00-31 is attached hereto for your review at
Exhibit "A".
The White River National Forest Service held an Open House on June 29, 2000 in Avon Town
Council Chambers. The purpose of the meeting was to present the development options on the
West Avon Parcel for public comment. The affordable housing plan component of the exchange
prepared by Vail Associates was presented at that time.
In September 2001 the Environmental Assessment ("EX), and subsequent December 2001
revision, was issued on the Vassar Meadows Land Exchange. There are several references
wherein the West Avon parcel is specifically referred to as a part of the Town of Avon. More
importantly, the EA based its decision on the Town of Avon and Vail Associates working
cooperatively to locate 300 units of employee and affordable housing on approximately 32 acres
immediately north of 1-70. The remaining 446 acres is to be protected as permanent open space.
As a condition of the land exchange, a conservation easement in favor of the Eagle Valley Land
Trust is required to be placed in escrow and recorded upon conveyance of the West Avon parcel out
of federal ownership.
The Decision Notice and Finding of No Significant Impact ("FONSI") for the Vassar Meadows Land
Exchange issued December 18, 2001 by the Director of Physical Resources for the Rocky Mountain
Region clearly states "there are no water rights" available for this land exchange.
On December 26, 2001, Andy Daly of Vail Resorts Development Corporation determined by
Corporate Resolution (attached hereto as Exhibit "B") that it was in the corporation's best interest to
acquire the West Avon parcel for the development of affordable housing.
Town Council approved $300,000. in the 2002 capital improvements budget to complete the open
space portion of the land exchange with the Eagle Valley Land Trust. The 2003 capital
improvements does not include the $300,000 for the land exchange.
Memo to Town Council, March 6, 2003 Page 1 of 2
Outline on Vassar Meadows Land Exchange
The EA states that it is within the authority of the Town of Avon to consider and approve the
suitability of any future development on the West Avon Parcel. To date, there have been no
conveyances surrounding the proposed Vassar Meadows land exchange in whole or part.
Vail Resorts is currently proposing to convey/sell the 300-unit affordable housing site to ASW Realty
Partners to develop the West Avon parcel. Both parties are scheduled to attend the Council meeting
scheduled for March 11, 2003.
Town Manager Comments
Attachments:
• Council Resolution 00-31
• December 26, 2001 - Vail Resorts Corporate Resolution
Please note: Copies of the EA and FONSI Report are available from the Avon Town Clerk
Memo to Town Council, March 6, 2003 Page 2 of 2
Outline on Vassar Meadows Land Exchange
Town of Avon
Resolution No. 00-31
Series of 2000
A RESOLUTION ENDORSING THE VASSAR MEADOWS LAND
EXCHANGE BETWEEN THE WHITE RIVER NATIONAL FOREST
AND TOWN OF AVON, EAGLE COUNTY, COLORADO,
WHEREAS, Policy A3.9 of the Town of Avon Comprehensive Plan states that the
Town shall work to facilitate trades of U.S. Forest Service land that are in the best
interest of the community, while being sensitive to potential impacts on existing
neighborhoods; and
WHEREAS, Goal C.2 of the Town of Avon Comprehensive Plan states that the
Town shall provide affordable housing for permanent and seasonal residents that is
attractive, safe, and integrated with the community; and
WHEREAS, Policy A3.4 of the Town of Avon Comprehensive Plan states that the
Town should provide for the acquisition and maintenance of available federal and state
lands adjacent to the Town as open space and for other public purposes; and
WHEREAS, the Town Council, in cooperation with Vail Associates, Inc., wishes to
provide increased affordable housing and open space opportunities to its residents;
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of
Avon,
That the Town Council of the Town of Avon hereby endorses the proposed land
exchange between the White River National Forest and the Town of Avon, Town of
Minturn, Eagle-Vail Metropolitan District, Upper Eagle River Regional Water Authority,
Vail Associates, Inc., Sonnenalp Resort, and Norrie Colony Inc., and more specifically
F:\COUNCIL\RESOLUTI\usfslandexchange00.doc
for the purpose of acquiring the `West Avon' parcel for affordable housing and open
space, attached hereto as Exhibit A.
ADOPTED THIS 27h DAY OF JUNE 2000.
Town of Avon, Colorado
Town Council
Jy Yoder, ay r
F:\COUNCIL\RESOLUTI\usfslandexchange00.doc
VASSAR MEADOWS
LAND EXCHANGE PROPOSAL
WHITE RIVER NATIONAL FOREST
Eagle County and Pitkin County, State of Colorado
FEDERAL PARCELS F-1 & F-4
"West Avon" & "SonnQnaln rnlf
VASSAR MEADOWS
LAND EXCHANGE PROPOSAL
WHITE RIVER NATIONAL FOREST
Eagle County and Pitkin County, State of Colorado
FEDERAL PARCEL F - 2 "Town / Minturn Public Works"
NON -FEDERAL PARCEL C "Town of Minturn"
Z
Z
R.81 W-
1----------------"---- 1 N MINTURN QUADRANGLE
VASSAR MEADOWS
LAND EXCHANGE PROPOSAL
WHITE RIVER NATIONAL FOREST
Eagle County and Pitkin County, State of Colorado
FEDERAL PARCEL F-3 "EAGLE-VAIL GOLF COURSE"
NON-FEDERAL PARCEL B "EAGLE - VAIL METRO. DIST."
EDWARDS QUADRANGLE T c n ^ -.VAIL WEST QUADRANGLE
GROUSE MTN QUADRANGLE MINTURN QUADRANGLE
VASSAR MEADOWS
LAND EXCHANGE PROPOSAL
WHITE RIVER NATIONAL FOREST
Eagle County and Pitkin County, State of Colorado
FEDERAL PARCEL F - 5
"Beard Creek Water Tank"
I ______________________I N EDWARDS QUADRANGLE
VASSAR MEADOWS
LAND EXCHANGE PROPOSAL
WHITE RIVER NATIONAL FOREST
Eagle County and Pitkin County, State of Colorado
FEDERAL PARCEL F-6 "NORRIE COLONY"
NON-FEDERAL PARCEL D "NORRIE PARCEL"
„
i) ? ilk
I,
. urn rn.r.. ?....-..-. ......
VASSAR MEADOWS
LAND EXCHANGE
PROPOSAL
WHITE RIVER NATIONAL FOREST
Eagle County and Pitkin County, State of Colorado
?J
Flats
... oo-
flRE_
??? • N
W
?A
NON - FEDERAL PARCEL "A"
' VASSAR MEADOWS/ EAST BRUSH CR.-
VASSAR MEADOWS
LAND EXCHANGE PROPOSAL
WHITE RIVER NATIONAL FOREST
Eagle County and Pitkin County, State of Colorado
NON-FEDERAL PARCEL "E"
"MID -CONTINENT COAL PREP. PLANT"
wI
,?
P1 er'ITA CUTAMAN(]1 C
Vail Resorts Development Corporation
Corporate Resolution
The undersigned, being officers of Vail ?o " , a Colorado NA--"
corporation (the "Corporation"), hereby unanimously adopt the following resolutions.
WHEREAS, the Corporation has determined it to be in its best interest to acquire certain
National Forest System lands within the Town of Avon, Colorado for the development of
affordable housing, which can be described as:
Township 4 South, Range 82 West, 6th P M , Eagle County. Colorado
Sec. 34, SE1/4SE1/4
Townshin 5 South. Ranee 82 West. 6th P.M.. Eagle _County. Colorado
Sec. 2, Lots 3 and 4, S1/2 NW1/4, SW1A
Sec. 3, Lot 1, SE1/4 NE1/4, NEl/4SEl/4
Totaling 478.09 acres, more or less; and,
WHEREAS, the Corporation has participated in the Forest Service's Vassar Meadows
Land Exchange (the Land Exchange) to acquire such National Forest System lands; and,
WHEREAS, the Corporation needs to execute certain agreements, deeds and gather
documents pertaining to the land exchange with the USDA Forest Service.
NOW THEREFORE: _
BE IT RESOLVED: That the Corporation will acquire sufficient non-federal lands,
generally referred to as Vassar Meadows, from The Conservation Fund, to complete the
Land Exchange; and,
BE IT FURTHER RESOLVED: That4Q,--u/ 17r9?1, a member of the Corporation's
Board of Directors, is authorized to act in full stead and with full authority on behalf of
the Corporation in all respects as to land exchange including the power to execute any
exchange agreements, Deeds or other instruments of conveyance; to execute any
contracts or closing statements; and to do and perform all acts and actions which he, in
his sole discretion, deems necessary or appropriate with respect to the Land Exchange;
and
BE IT FURTHER RESOLVED: That the powers and authority granted herein to
shall be valid and binding obligations of the Corporation.
Signed as of thia?(oday of December, 2001.
Officer: Attest:
By: By:
?SrDC??? ; , Secretary
4?__
Memo
To: Honorable Mayor & Town Council
From: Meryl D. Jacobs/Director of Recreation & Cultural Services
Thru: Larry Brooks/Town Manager
Date: March 5, 2003
Re: Vail Recreation District Youth Participation Program
Summary: The Town of Avon has received a request from the Vail Recreation District
to participate in their youth "buy-in" program. The cost to the Town of Avon would be
$5,000. The money would allow children living within the Town of Avon to participate
in VRD youth programs at the resident rate. Attached you will find a copy of VRD's
2003 letter of request to the Town of Avon. This is an annual payment that has been
requested since 1998.
History: In 1998, Vail Recreation District made the decision to approach a variety of
towns and districts within the valley in an attempt to generate revenue to subsidize their
youth program budget. Their initial thinking was that many of the other districts and
towns did not provide recreation programming to youth in the valley and they did. VRD
believed that these districts should help support youth programming. The initial letter to
the Town in 1998 requested approximately $15,000. At that time, the town manager and
I determined that $15,000 was an unreasonable amount since the Avon Recreation
Department was already providing recreation services. It is my understanding that a
more "appropriate" amount was negotiated with VRD and was paid thereafter on an
annual basis.
According to our records, it appears that the Town of Avon has made annual payments to
VRD since 1999. The total amount paid over the years was $16,000. The payment
records are as follows:
1999 $3,000
2000 $5,000
2001 $3,000
2002 $5,000
Recommended Action: Staff recommends that council take a closer look at the value of
this program. VRD has been asked to provide a participation figure for Avon youth so
that the town will have adequate information to make an informed decision.
Town Manager Comments:
O G%??
700 S. Frontage Road East
Vail, Colorado 81657
970.479.2279
f 970.479.2197
www.vailrec.com
VAIL GOLF CLUB
1778 Vail Valley Drive
479.2260
f 479.2355
GOLF MAINTENANCE
1278 Vail Valley Drive
479.2262
f 479.3451
PARK MAINTENANCE
700 S. Frontage Road East
479.2457
f 479.2197
VAIL TENNIS CENTER
700 S. Frontage Road East
479.2294
f 479.2281
JOHN A. DOBSON ARENA
321 Lionshead Circle
479.2271
f 479.2267
VAIL YOUTH SERVICES
395 E. Lionshead Circle
479.2292
f 479.2835
VAIL NATURE CENTER
601 Vail Valley Drive
479.2291
f 479.3459
MARKETING
700 S. Frontage Road East
479.2446
f 479.2197
ADULT & YOUTH SPORTS
700 S. Frontage Road East
479.2280
f 479.2281
Or visit us on the web at:
www.vailrec.com
February 20, 2003
Mr. Larry Brooks
Town of Avon
P.O. Box 975
Avon, CO 81620
Re: Vail Recreation District Youth Participation Program
Dear Bill,
The Vail Recreation District is offering the Town of Avon the
opportunity to participate in the VRD youth buy-in program. The cost
to the Town of Avon for participation in this year's program is $5,000.
As well as Avon, the Town of Minturn, and the Beaver Creek and
Berry Creek Metro Districts participated in the 2002 program. VRD
offers the youth from these towns and districts the same subsidized fee
as our Vail residents. Access to the Vail Golf Course and adult
activities are not included.
Attached is our youth programs fee schedule for 2003, which includes
our in-District and out-of-District fees. Please contact me at 479-2449
if you have any questions.
Sincerely;
Robert Trautz
Acting Director
Vail Recreation District
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Tambi Katieb, Community Developme
Dabe February 26, 2003
Re: Summary of Eagle County Wildfire Regulations
On January 21, 2003, the Eagle County Board of Commissioners adopted wildfire
regulations in an effort to reduce the threat of wildfire to structures in unincorporated Eagle
County. The regulations are effective April 21, 2003, and are part of the Eagle County Land
Use Regulations.
Following is a brief summary of the adopted regulations, and their potential impact areas:
• The regulations are applicable to a Special use Permit, Subdivision, or Planned Unit
Development in unincorporated Eagle County. When an application is received for
any of these permits, the wildfire regulations outline a specific `Vegetation
Management Plan/Wildfire Mitigation Plan' to be submitted for County review.
The regulations are also applicable to existing construction PDIY when an exterior
modification or addition to a building increases the building footprint and/or increases
the number of stories of a structure. Existing subdivisions in the County may choose
to prepare a comprehensive Vegetation Management Plan/Wildfire Mitigation Plan
rather than place the burden upon individual homeowners. This plan may be
submitted to the County as a Special Review Use, and must still comply to the basic
components of the regulation.
The Wildfire Mitigation Plan requires several basic components, including a review of
structure locations, vegetation, building design and construction, water supply,
access, and maintenance. These plans are referred for review to the Colorado State
Forest Service (CSFS). The CSFS reviews the plan and assigns a hazard rating to
the subject property (low, moderate, high, extreme). The County can then determine
what wildfire mitigation measures may be appropriate when issuing a land use
approval.
Review of the Wildfire Mitigation Plan relies heavily upon the `Local Fire Authority
Having Jurisdiction' (ie. Eagle Fire Protection District). Recommendations and
requirements for the proposed land development are then submitted to Eagle
County by the Local Fire Authority, though the County may allow a variance to these
recommendations in whole or in part.
Memo to Town Council, February 26, 2003 Page 1 of 2
Re: Review of Eagle County Wildfire Regulations
The regulations also require that County staff conduct site inspections prior to the
issuance of a building permit to determine how the Wildfire Plan measures can be
implemented. There is also a final site inspection (prior to the issuance of a
Certificate of Occupancy) to determine that the mitigation measures approved (such
as defensible spaces zones) have been properly implemented. There is an
additional cost to every affected building permit of $200 for the required inspections
and plan review.
Recommendation:
The Town of Avon is not subject to the wildfire regulations as adopted by Eagle County, and
we do not currently have regulations specifically related to wildfire mitigation. Instead,
Community Development staff conducts weekly meetings with the Eagle River Fire
Protection District (ERFPD) to review all new proposed land developments. This weekly
meeting provides an opportunity for the ERFPD to comment on proposed land
developments as they relate to potential fire hazard issues (including wildfire). Additionally,
both the Planned Unit Development and Subdivision regulations contain provisions
requiring the submittal of wildfire reports to the Town for review.
Eagle County does not have the opportunity to interface with local fire authorities on a
weekly basis, and has historically relied on their input as a referral agent to all land use
applications. These newly adopted regulations codify the necessity of input from the local
fire authorities, and set forth basic development criteria specifically related to wildfire
hazards.
Town Manager Comments:
71
Attachments:
Exhibit A- Eagle County Wildfire Regulations
Memo to Town Council, February 26, 2003 Page 2 of 2
Re: Review of Eagle County Wildfire Regulations
Community Development Department
(970) 328-8730
FAX (970) 328-7185
TDD (970) 328-8797
Email: eccmdeva@eagle-county.com
www.eagle-county.com
TO: Special Districts
Board of Realtors
Planning Consultant Firms
General Contractors
FROM: Bob Narracci, Planning Manager
DATE: February 20, 2003
RE: Eagle County's Newly Adopted Wildfire Regulations
Eagle County Building
P.O. Box 179
500 Broadway
Eagle, Colorado 81631-0179
Please be advised that on January 21, 2003, the Eagle County Board of Commissioners
formally adopted comprehensive wildfire regulations, which are aimed at reducing the
threat of wildfire to structures and inhabitants located in the wildland urban interface.
The regulations consist of two elements: 1) Requirements for wildfire mitigation
measures to be implicit in all new development proposals, and; 2) Dependent upon the
wildfire hazard rating of the property in question, regulations for wildfire mitigation
measures and fire resistive construction methods may be applicable at building permit
issuance for new construction, as well as, additions to existing structures.
These regulations will come into effect on Monday, April 21, 2003.
Any land use development application or, application for building permit received on or
after Monday, April 21, 2003 will be subject to the provisions of the new wildfire
regulations.
Should you have any questions please call at (970) 328-8750 or e-mail at
narracci ci,ea,le-coun .com.
RECEIVED
xc: file F E B 2 5 2003
Community Development
EAGLE COUNTY, COLORADO
WILDFIRE REGULATIONS
APPROVED 12/20/02
ADOPTED 1121/03
EFFECTIVE 4/21/03
SECTION 2-110. DEFINITIONS
LOCAL FIRE AUTHORITY HAVING JURISDICTION means the agency, special district or municipality
responsible for responding to fire related emergencies. For land located outside of the boundaries of a municipality
or special district established for.fire protection, the County Sheriff or his assigns is responsible for responding to
fire related emergencies.
WILDFIRE HAZARD MAP means a current, scaled, graphic compilation of predetermined wildfire hazard ratings
for each and all privately owned lands and adjacent public lands located within unincorporated Eagle County. The
resulting map reflects the most accurate, currently available site specific data. Wildfire hazard ratings will change
over time due to site-specific modifications of fuels and water supply. As such, the Wildfire Hazard Map will be
continually modified in order to accurately reflect current conditions.
WILDFIRE HAZARD RATING means the relative degree of site-specific hazard associated with wildfire
potential. All privately owned land and adjacent public lands, having wildfire influence on the subject property,
located within unincorporated Eagle County will be assigned a hazard rating. The hazard rating will be determined
based upon three criteria: 1) Topography; 2) Fuel, and; 3) Water availability. Each of these three criteria is
assigned a numerical value reflective of actual site conditions. The three resulting numerical values, when tallied,
represent the hazard rating of low, moderate, high or extreme. The hazard rating will be incorporated into the
Wildfire Hazard Map.
WILDLAND/URBAN INTERFACE means any area where man-made structures are built close to, or within,
terrain and fuel or other conditions where the potential for wildfires exist.
SECTION 4-430. DEVELOPMENT IN AREAS SUBJECT TO WILDFIRE HAZARDS
A. Purpose. There are certain regions of Eagle County that have the potential to pose hazards to human life
and safety and to property because they can be threatened by wildfire. These regulations are intended to
,provide standards to reduce or minimize the potential impacts of wildfire hazards on properties, the
occupants of properties and the occupants of adjacent properties, as well as to facilitate access to manmade
structures by firefighters in the event of a wildfire. Development should attempt to avoid high and extreme
wildfire hazard areas whenever possible.
B. Applicability. The provisions of this Section shall apply to any application for a Special Use Permit,
Subdivision or Planned Unit Development (PUD).
C. Vegetation Management Plan. All applications identified in Section 4-430.13, Applicability, shall include
a Vegetation Management Plan. The Vegetation Management Plan shall be prepared by a natural resource
professional with expertise in the field of vegetation management and wildfire mitigation.
1. Special Use Applications. For development requiring a Special Use Permit, the application shall
include those materials described under Subsection 4-430.C.2.b, Preliminary Plan.
2. Development Involving Subdivision or PUD Review.
Sketch Plan. The Vegetation Management Plan submitted with the sketch plan shall
provide an initial site-specific evaluation. Following is the minimum information to be
included in the plan:
(1) A statement of objectives for the Vegetation Management Plan;
(2) A site-specific wildfire analysis addressing topographic and vegetation features;
(3) A vegetation inventory, analysis and map which identifies and assesses the
major timber stands and vegetation according to National Fire Protection
Association (NFPA) Bulletin Number 299, Standard for Protection of Life and
Property from Wildfire, 1997 Edition or, the version of the referenced
publication currently in effect.
b. Preliminary Plan. The Vegetation Management Plan submitted with the preliminary
plan shall provide a detailed site specific analysis which includes the following minimum
information;
(1) A schedule delineating how the wildfire mitigation actions identified in the plan
will be implemented including, but not limited to, overlot vegetation thinning,
creation of fuelbreaks and the installation of working fire hydrants, fire cisterns
and or/dry hydrants prior to the introduction of combustible construction
materials on the site;
(2) Communication capabilities during construction with the Local Fire Authority
Having Jurisdiction and the type of communication system. A physical address
is required for E-911 purposes;
(3) Detailed specification of fire protection equipment and emergency preparedness
actions to be installed or implemented and maintained within the subdivision
during construction;
(4) Detailed mitigation actions including, but not limited to, thinning and removal
of trees and vegetation designed to mitigate wildfire hazard areas. The use of
building envelopes may be required to locate structures outside of severe hazard
areas, off of steep slopes and outside of draws and canyons;
(5) Identification of the entities responsible for implementing the plan, constructing
required improvements, and maintenance in perpetuity of the improvements and
appropriate easements, if any;
(6) A map identifying major timber stands and vegetation, locations of fire
hydrants, water tanks, cisterns and/or dry hydrants, as well as locations and
flows or capacity of fire hydrants, water tanks, cisterns and/or dry hydrants.
D. Procedure.
1. Referral to Colorado State Forest Service. As part of the review of the application, the
Community Development Director shall refer to the Colorado State Forest Service (CSFS) all
applications as identified in Section 4-430.B., Applicability. Referral of Final Plat applications
will be at the discretion of the Community Development Director.
2. Review and Classification of Degree of Hazard By CSFS. CSFS reviews the application and
determines whether there is a low, moderate, high, or extreme degree of severity of wildfire hazard
posed to persons and property pursuant to the National Fire Protection Association (NFPA)
Bulletin Number 299, Standard for Protection of Life and Property from Wildfire, 1997 Edition
or, the version of the referenced publication currently in effect. CSFS considers the Vegetation
Management Plan, Defensible Space and proposed design of the subdivision or PUD (including
the planned roads and water supply facilities and the configuration and location of lots), the
topography of the site, the types and density of vegetation present, the fire protection measures
proposed by the applicant and other related factors in making its determination.
3. CSFS Response. Considering the degree of severity of wildfire hazard that is posed to persons
and property, the CSFS shall also comment on the potential effectiveness of the Vegetation
Management Plan and the mitigation techniques proposed. These recommendations shall be based
on guidelines promulgated by CSFS (see, for example, "Creating Wildfire-Defensible Zones, No.
6.302 or currently accepted standards.) and may include, but are not limited to the following
wildfire hazard mitigation techniques:
WILDFIRE REGULATIONS
APPROVED 12/20/02
ADOPTED 1/21/03
EFFECTIVE 4/21/03
SECTION 2-110. DEFINITIONS
LOCAL FIRE AUTHORITY HAVING JURISDICTION means the agency, special district or municipality
responsible for responding to fire related emergencies. For land located outside of the boundaries of a municipality
or special district established for fire protection, the County Sheriff or his assigns is responsible for responding to
fire related emergencies.
WILDFIRE HAZARD MAP means a current, scaled, graphic compilation of predetermined wildfire hazard ratings
for each and all privately owned lands and adjacent public lands located within unincorporated Eagle County. The
resulting map reflects the most accurate, currently available site specific data. Wildfire hazard ratings will change
over time due to site-specific modifications of fuels and water supply. As such, the Wildfire Hazard Map will be
continually modified in order to accurately reflect current conditions.
WILDFIRE HAZARD RATING means the relative degree of site-specific hazard associated with wildfire
potential. All privately owned land and adjacent public lands, having wildfire influence on the subject property,
located within unincorporated Eagle County will be assigned a hazard rating. The hazard rating will be determined
based upon three criteria: 1) Topography; 2) Fuel, and; 3) Water availability. Each of these three criteria is
assigned a numerical value reflective of actual site conditions. The three resulting numerical values, when tallied,
represent the hazard rating of low, moderate, high or extreme. The hazard rating will be incorporated into the
Wildfire Hazard Map.
WILDLAND/URBAN INTERFACE means any area where man-made structures are built close to, or within,
terrain and fuel or other conditions where the potential for wildfires exist.
SECTION 4-430. DEVELOPMENT IN AREAS SUBJECT TO WILDFIRE HAZARDS
A. Purpose. There are certain regions of Eagle County that have the potential to pose hazards to human life
and safety and to property because they can be threatened by wildfire. These regulations are intended to
provide standards to reduce or minimize the potential impacts of wildfire hazards on properties, the
occupants of properties and the occupants of adjacent properties, as well as to facilitate access to manmade
structures by firefighters in the event of a wildfire. Development should attempt to avoid high and extreme
wildfire hazard areas whenever possible.
B. Applicability. The provisions of this Section shall apply to any application for a Special Use Permit,
Subdivision or Planned Unit Development (PUD).
C. Vegetation Management Plan. All applications identified in Section 4-430.13, Applicability, shall include
a Vegetation Management Plan. The Vegetation Management Plan shall be prepared by a natural resource
professional with expertise in the field of vegetation management and wildfire mitigation.
1. Special Use Applications. For development requiring a Special Use Permit, the application shall
include those materials described under Subsection 4-430.C.2.b, Preliminary Plan.
2. Development Involving Subdivision or PUD Review.
a. Sketch Plan. The Vegetation Management Plan submitted with the sketch plan shall
provide an initial site-specific evaluation. Following is the minimum information to be
included in the plan:
(1) A statement of objectives for the Vegetation Management Plan;
a. Locations. Recommendations to locate structures outside of severe hazard areas, off of
steep slopes and outside of draws and canyons.
b. Manipulate Vegetation. Recommendations to manipulate the density and form of
vegetation, so as to create defensible space buffers around locations where structures are
proposed including: Removal of tree limbs hanging near chimneys, establishing
fuelbreaks, reduction of on-site vegetative fuel hazards through strategic thinning and
clearing to promote overall health of on-site vegetation by reducing the severity of the
hazard. The form and the extent of the recommendations to manipulate vegetation shall
relate directly to the severity of the hazard that is present.
C. Building Design. Recommendations to use fire rated or non-combustible roof materials,
to require pitched roofs, and to sheath, enclose or screen projections and openings above
and below the roofline, as applicable. Compliance with these recommendations shall
occur prior to building permit issuance pursuant to Chapter 3.10, Building Resolution of
the Eagle County Land Use Regulation.
d. Water Supply. Where access to a pressurized water system with fire hydrants is not
provided, recommendations may be made to ensure the availability of a water supply for
individual structures, in the form of access to a pond, installation of an underground
water storage tank, provision for dry hydrants, or similar methods.
e. Access. Recommendations to provide separate routes of entrance and exit into the
subdivision or PUD, to lay out roads so as to create fuel breaks and to ensure the
adequacy of access by emergency vehicles, including the provision of regularly spaced
turnouts along roadways, the establishment of adequate grades and sight distances and
the prohibition of dead end streets (but not cul de sacs) in the development. Depending
upon the length of the road, fire hazard rating, number of units proposed, topography and
the recommendation of the Local Fire Authority Having Jurisdiction, the Board of
County Commissioners may, at their discretion, grant a variance from the required
improvement standard.
f. Maintenance. Recommendations to keep roofs cleared of debris and to store flammable
materials and firewood away from structures. Firebreaks, turnaround areas and
emergency access routes shall be maintained.
4. Compliance The County shall consider the recommendations of the CSFS and apply the
appropriate recommendations as conditions of approval of the sketch and preliminary plan. The
applicant shall demonstrate how the development complies with all of the CSFS recommendations
made conditions of approval by the County.
E. Standards.
Water Supply and Access. The following standards for water supply and access shall apply to all
applications as identified in Section 4-430.B., Applicability.
a. Water Supply.
(1) Fire Hydrants.
(a) Fire hydrants shall be provided when a water distribution system will
serve the proposed development and shall meet the required fire flow as
defined in the fire code in effect at the time of application or as
otherwise determined by the Local Fire Authority Having Jurisdiction.
(b) The water distribution system shall be capable of delivering the
required fire flow for each hydrant connected to the distribution system
within the proposed subdivision as delineated in the fire code in effect
at the time of application, or as otherwise required by the Local Fire
Authority Having Jurisdiction.
(c) Fire hydrants shall be located at the intervals defined in the fire code in
effect at the time of application, and shall be located so that all
structures are within a maximum five hundred (500) feet as defined in
the fire code in effect at the time of application or as otherwise
determined by the Local Fire Authority Having Jurisdiction.
(d) Fire hydrants shall be located in the public right-of-way or at other
locations as required and approved by the Local Fire Authority Having
Jurisdiction.
(e) Fire hydrants shall be accessible to fire fighting apparatus from County
maintained roads, privately maintained roads or unobstructed
emergency vehicle lanes as determined by the Local Fire Authority
Having Jurisdiction.
(2) Water tanks, cisterns and/or dry hydrants. Water tanks, cisterns and/or dry
hydrants shall be provided in developments that are not served by hydrants
unless the Local Fire Authority Having Jurisdiction has approved an alternative
fire protection water supply system.
(a) Water tanks and cisterns shall meet the requirements of the 1997
Uniform Fire Code as adopted by Eagle County, or as defined in the
fire code in effect at the time of application. Depending upon the
recommendation of the Local Fire Authority Having Jurisdiction, the
Board of County Commissioners may, at their discretion, grant a
variance from the required improvement standard.
(b) A dedicated turn-around shall be placed no more than fifty (50) feet
from a water tank or dry hydrant cistern and the discharge from the
water tank or dry hydrant cistern shall be within eight (8) feet of the
nearest usable portion of the dedicated right-of-way, unless otherwise
approved by the Local Fire Authority Having Jurisdiction.
(c) Dry hydrants may be provided in combination with or in lieu of
cisterns, water tanks or other approved fire protection water supply
systems. Dry hydrants shall be installed in accordance with the
standards ofNFPA Bulletin Number 1142, Suburban and Rural Fire
Fighting 2001 Edition or, the version of the referenced publication
currently in effect. The Local Fire Authority Having Jurisdiction may
approve an alternative standard. An average home size of 5000 square
feet shall be assumed unless further modified within the development.
b. Access. Separate routes of entrance and exit into the development shall be provided.
Roads shall be laid out with consideration for creating fuel breaks and to ensure the
adequacy of access by emergency vehicles, including the provision of regularly spaced
turnouts along roadways, the establishment of adequate grades and sight distances and
the prohibition of dead end streets (but not cul de sacs) in the development. Reference
ROADWAY STANDARDS Section 4-620.D.9.a and Section 4-620.J.1.h. Depending
upon the length of the road, fire hazard rating, number of units proposed, topography and
4
a. Locations. Recommendations to locate structures outside of severe hazard areas, off of
steep slopes and outside of draws and canyons.
b. Manipulate Vegetation. Recommendations to manipulate the density and form of
vegetation, so as to create defensible space buffers around locations where structures are
proposed including: Removal of tree limbs hanging near chimneys, establishing
fuelbreaks, reduction of on-site vegetative fuel hazards through strategic thinning and
clearing to promote overall health of on-site vegetation by reducing the severity of the
hazard. The form and the extent of the recommendations to manipulate vegetation shall
relate directly to the severity of the hazard that is present.
C. Building Design. Recommendations to use fire rated or non-combustible roof materials,
to require pitched roofs, and to sheath, enclose or screen projections and openings above
and below the roofline, as applicable. Compliance with these recommendations shall
occur prior to building permit issuance pursuant to Chapter 3. 10, Building Resolution of
the Eagle County Land Use Regulation.
d. Water Supply. Where access to a pressurized water system with fire hydrants is not
provided, recommendations may be made to ensure the availability of a water supply for
individual structures, in the form of access to a pond, installation of an underground
water storage tank, provision for dry hydrants, or similar methods.
e. Access. Recommendations to provide separate routes of entrance and exit into the
subdivision or PUD, to lay out roads so as to create fuel breaks and to ensure the
adequacy of access by emergency vehicles, including the provision of regularly spaced
turnouts along roadways, the establishment of adequate grades and sight distances and
the prohibition of dead end streets (but not cul de sacs) in the development. Depending
upon the length of the road, fire hazard rating, number of units proposed, topography and
the recommendation of the Local Fire Authority Having Jurisdiction, the Board of
County Commissioners may, at their discretion, grant a variance from the required
improvement standard.
f. Maintenance. Recommendations to keep roofs cleared of debris and to store flammable
materials and firewood away from structures. Firebreaks, turnaround areas and
emergency access routes shall be maintained.
4. Compliance The County shall consider the recommendations of the CSFS and apply the
appropriate recommendations as conditions of approval of the sketch and preliminary plan. The
applicant shall demonstrate how the development complies with all of the CSFS recommendations
made conditions of approval by the County.
E. Standards.
1. Water Supply and Access. The following standards for water supply and access shall apply to all
applications as identified in Section 4-430.B., Applicability.
a. Water Supply.
(1) Fire Hydrants.
(a) Fire hydrants shall be provided when a water distribution system will
serve the proposed development and shall meet the required fire flow as
defined in the fire code in effect at the time of application or as
otherwise determined by the Local Fire Authority Having Jurisdiction.
the recommendation of the Local Fire Authority Having Jurisdiction, the Board of
County Commissioners may, at their discretion, grant a variance from the required
improvement standard.
SECTION 4-620. ROADWAY STANDARDS
Note: Due to the length of the ROAD WAY STANDARDS section of the LUR, only those portions proposed for
amendment have been included in this draft
(Section 4-620.D.9.a)
D. Functional Classifications By County. In addition to the road classifications under ISTEA, Eagle County
classifies other roads in the county as Major and Minor Collector Roads, both Rural and Urban, due to their
functional characteristics as defined by AASHTO. The user of these Improvement Standards may,
therefore, find a dual classification for some Eagle County roads. For administrative and design purposes,
roads shall be classified as shown in Classification of Roads in Eagle County. The current classification is
attached hereto as Appendix C and will be replaced as the County Engineer amends the classification from
time-to-time. Roads within the jurisdiction of unincorporated Eagle County are classified as follows:
9. Cul-De-Sacs and Turnarounds. Cul-de-sacs and turnarounds serve dead end residential roads or
streets that do not exceed one-thousand (1,000) feet in length.
a. Maximum Number of Dwelling Units Served. Due to mountainous terrain, it may be
necessary to have dead end roads which exceed 1,000 feet in length.. In such instances,
emergency vehicle turnaround areas shall be provided at the initial 1000 foot mark and at
1000 foot intervals for the remaining length of the road. The Local Fire Authority
Having Jurisdiction may approve an alternative spacing plan for turnaround areas. The
turnaround shall be constructed in accordance with Section 4-620.D.9.c, Cul-de-sacs and
Turnarounds, Preferred Design, or as otherwise approved by the Local Fire Authority
Having Jurisdiction.
(Section 4-620.D.9.c)
9. Cul-De-Sacs and Turnarounds. Cul-de-sacs and turnarounds serve dead end residential roads or streets
that do not exceed one thousand (1,000) feet in length.
C. Preferred Design. Circular offset cul-de-sacs are preferred, as illustrated in Exhibit 5-8
of A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS, 2001,
published by AASHTO. Cul-de-sacs may also terminate in a "T" or "L" as illustrated in
the above-referenced Exhibit 5-8.
(Section 4-620.11.11)
Geometric Standards. All roads within unincorporated Eagle County, whether publicly or privately
maintained, shall conform to the design standards and requirements shown in Table 4-620.J., Summary Of
Environmental Geometric And Design Sta _daids.
1. Horizontal Alignment. The following special considerations for horizontal alignment shall apply
to the design and construction or reconstruction of roadways in Eagle County:
h. Dual Access. The applicant shall provide two (2) points of access from the proposed
development to the public roadway system, unless prevented by topography or other
physical conditions. In any event there shall be a usable and unobstructed (with the
exception of breakaway barriers) secondary emergency point of ingress/egress for all new
development or redevelopment capable of accommodating emergency response vehicles
commonly operated by the Local Fire Authority Having Jurisdiction. All dwellings and
other structures shall be accessible by emergency and service vehicles. Depending upon
the length of the road, fire hazard rating, number of units proposed, topography and the
recommendation of the Local Fire Authority Having Jurisdiction, the Board of County
Commissioners may, at their discretion, grant a variance from the required improvement
standard.
(4-620.19.c.(1)
C. Additional County Standards. In addition to the foregoing, public and private access approaches and
driveways shall be subject to the following standards:
(1) Access By Emergency and Service Vehicle. All dwellings and other structures shall be
accessible by emergency and service vehicles. A maximum grade of eight (8) percent and a
minimum centerline radius of forty-five (45) feet is recommended for driveways on north-facing
slopes. On south-facing slopes, a maximum grade of ten (10) percent and a minimum centerline
radius of forty-five (45) feet is recommended. Curves should be widened generously in both
circumstances.
Public and private access approaches and driveways in excess of 150 feet in length shall be
provided with adequate area for emergency vehicle turnaround. The turnaround shall be
constructed in accordance with Section 4-620.D.9.c, Cul-de-sacs and Turnarounds, Preferred
Desi or, as otherwise approved by the Local Fire Authority Having Jurisdiction.
SECTION 4-680. WATER SUPPLY STANDARDS
(4-680.B)
B. Fire Fighting Facilities. The developer shall provide fire hydrants, water tanks, cisterns and/or dry
hydrants within the development capable of providing a fire fighting water supply. Such hydrants, water
tanks, cisterns and/or dry hydrants shall be of the type, size and number, and shall be installed in locations
as specified in Section 4.430.E.1.a, Water Supply of these Land Use Regulations, or as maybe alternatively
approved by the Local Fire Authority Having Jurisdiction.
SECTION 5-240. PLANNED UNIT DEVELOPMENT (PUD) DISTRICT
Note: Due to the length of the PLANNED UNIT DEVELOPMENT section of the L UR, only those portions
proposed for an:endn:ent have been included in this draft.
(5-240.F.2.a)
F. Procedure.
2. Sketch Plan for PUD.
the recommendation of the Local Fire Authority Having Jurisdiction, the Board of
County Commissioners may, at their discretion, grant a variance from the required
improvement standard.
SECTION 4-620. ROADWAY STANDARDS
Note: Due to the length of the ROADWAYSTANDARDS section of the L UR, only those portions proposed for
amendment have been included in this draft.
(Section 4-620.D.9.a)
D. Functional Classifications By County. In addition to the road classifications under ISTEA, Eagle County
classifies other roads in the county as Major and Minor Collector Roads, both Rural and Urban, due to their
functional characteristics as defined by AASHTO. The user of these Improvement Standards may,
therefore, find a dual classification for some Eagle County roads. For administrative and design purposes,
roads shall be classified as shown in Classification of Roads in Eagle County. The current classification is
attached hereto as Appendix C and will be replaced as the County Engineer amends the classification from
time-to-time. Roads within the jurisdiction of unincorporated Eagle County are classified as follows:
9. Cul-De-Sacs and Turnarounds. Cul-de-sacs and turnarounds serve dead end residential roads or
streets that do not exceed one-thousand (1,000) feet in length.
a. Maximum Number of Dwelling Units Served. Due to mountainous terrain, it may be
necessary to have dead end roads which exceed 1,000 feet in length.. In such instances,
emergency vehicle turnaround areas shall be provided at the initial 1000 foot mark and at
1000 foot intervals for the remaining length of the road. The Local Fire Authority
Having Jurisdiction may approve an alternative spacing plan for turnaround areas. The
turnaround shall be constructed in accordance with Section 4-620.D.9.c, Cul-de-sacs and
Turnarounds, Preferred Design, or as otherwise approved by the Local Fire Authority
Having Jurisdiction.
(Section 4-620.D.9.c)
9. Cul-De-Sacs and Turnarounds. Cul-de-sacs and turnarounds serve dead end residential roads or streets
that do not exceed one thousand (1,000) feet in length.
C. Preferred Design. Circular offset cul-de-sacs are preferred, as illustrated in Exhibit 5-8
of A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS, 2001,
published by AASHTO. Cul-de-sacs may also terminate in a "T" or "L" as illustrated in
the above-referenced Exhibit 5-8.
(Section 4-620.J.I.h)
Geometric Standards. All roads within unincorporated Eagle County, whether publicly or privately
maintained, shall conform to the design standards and requirements shown in Table 4-6201, Summary Of
Environmental, Geometric And Design Standards.
Horizontal Alignment. The following special considerations for horizontal alignment shall apply
to the design and construction or reconstruction of roadways in Eagle County:
a. Initiation. Applications for development permits for a Sketch Plan for PUD may be
submitted at any time to the Community Development Director by the owner, or any
other person having a recognizable interest in the land for which the Sketch Plan for PUD
is proposed, or their authorized agent. The application shall contain the materials
specified in Section 5-210.D.2, Minimum Contents of Application, and the following
information.
(1) Reasons PUD procedure is more desirable than conventional plan.
(2) Proposed land uses, commercial, industrial and multi-family building
locations, residential densities, and commercial square footage.
(3) Proposed vehicle circulation pattern indicating the status of street
ownership.
(4) Proposed pedestrian circulation, and links to other external path
systems.
(5) Proposed open space.
(6) Proposed grading and drainage pattern.
(7) Proposed method of water supply and sewage disposal.
(8). Proposed PUD Guide setting forth the proposed land use restrictions.
(9) Wildlife Analysis pursuant to Section 4-410.
(10) Geologic Hazards Analysis pursuant to Section 4-420.
(11) Ridgeline Visual Analysis pursuant to Section 4-450.
(12) Conceptual Landscape Plan pursuant to Section 4-220.
(13) Environmental Impact Report pursuant to Section 4-460.
(14) Vegetation Management Plan pursuant to Section 4-430.
(15) Any or all of the following requirements, as determined by the
Community Development Director, based on the complexity of the
proposal:
(a) supporting data to justify any proposed commercial and
industrial elements in an area not so zoned;
(b) proposed schedule of development phasing;
(c) statement as to the impact of the proposed PUD upon the
County school system;
(d) statement of estimated demands for County services;
(e) statement of projected County tax revenue based upon the
previous year's County tax levy and a schedule of projected
receipts of that revenue;
(f) conceptual site plans, and conceptual architectural plans;
(g) proposed method of fire protection;
(h) Employee housing plan.
(5-240.F.3.a)
F. Procedure.
3. Preliminary Plan for PUD.
a. Application Contents. An application for a Preliminary Plan for PUD shall contain the
materials specified in Section 5-210.D.2, Minimum Contents of Application, and the
following information:
(1) Overall development plan.
(2) Application for zone amendment.
(3) PUD guide setting forth the proposed land use restrictions and standards of
development.
(4) Wildlife Analysis pursuant to Section 4-410.
(5) Geologic Hazards Analysis pursuant to Section 4-420.
(6) Ridgeline Visual Analysis pursuant to Section 4-450.
(7) Detailed Landscape Plan pursuant to Section 4-220.
(8) Environmental Impact Report pursuant to Section 4-460.
(9) Vegetation Management Plan pursuant to Section 4-430.
(10) Any other information required with Sketch Plan approval.
SECTION 5-280. SUBDIVISION
Note: Due to the length of the SUBDIVISION section of the L UR, only those portions proposed for amendment
have been included in this draft.
(5-2 80.B.4. a.(2).(v).d d.)
B. Procedures.
4. Preliminary Plan for Subdivision.
a. Application Contents. An application for a Preliminary Plan for Subdivision shall
8
a. Initiation. Applications for development permits for a Sketch Plan for PUD may be
submitted at any time to the Community Development Director by the owner, or any
other person having a recognizable interest in the land for which the Sketch Plan for PUD
is proposed, or their authorized agent. The application shall contain the materials
specified in Section 5-210.D.2, Minimum Contents of Application, and the following
information:
(1) Reasons PUD procedure is more desirable than conventional plan.
(2) Proposed land uses, commercial, industrial and multi-family building
locations, residential densities, and commercial square footage.
(3) Proposed vehicle circulation pattern indicating the status of street
ownership.
(4) Proposed pedestrian circulation, and links to other external path
systems.
(5) Proposed open space.
(6) Proposed grading and drainage pattern.
(7) Proposed method of water supply and sewage disposal.
(8). Proposed PUD Guide setting forth the proposed land use restrictions.
(9) Wildlife Analysis pursuant to Section 4-410.
(10) Geologic Hazards Analysis pursuant to Section 4-420.
(11) Ridgeline Visual Analysis pursuant to Section 4-450.
(12) Conceptual Landscape Plan pursuant to Section 4-220.
(13) Environmental Impact Report pursuant to Section 4-460.
(14) Vegetation Management Plan pursuant to Section 4-430.
(15) Any or all of the following requirements, as determined by the
Community Development Director, based on the complexity of the
proposal:
(a) supporting data to justify any proposed commercial and
industrial elements in an area not so zoned;
(b) proposed schedule of development phasing;
(c) statement as to the impact of the proposed PUD upon the
County school system;
(d) statement of estimated demands for County services;
(e) statement of projected County tax revenue based upon the
contain the materials specified in Section 5-210.D.2, Minimum Contents of Application,
and the following information:
(2) The following maps and information shall be required and shall conform to the
forinat and inclusions which follow:
(v) Preliminary Utility Plan, pursuant to Section 4-670, 4-680 and 4-690,
on a plan supplemental to and at the same scale as the Preliminary Plan,
to include the following:
dd. Fire Protection The developer shall provide fire hydrants,
water tanks, cisterns and/or dry hydrants within the
development capable of providing a fire fighting water supply.
Such hydrants and/or cisterns shall be of the type, size and
number and shall be installed in locations as specified in
Section 4.430.E.1.a, Water Suvply of these Land Use
Regulations, or as may be alternatively approved by the Local
Fire Authority Having Jurisdiction.
(x) Vegetation Management Plan pursuant to Section 4-430.
Chapter III - Eagle County Building Resolution
3.13.1 - GENERAL
3.13.1.1 Purpose. The purpose of this regulation is to establish minimum design and construction standards for the
protection of life and property from fire within the Wildland/Urban Interface. These provisions are meant to aid in
the prevention and suppression of fires, lessen the hazards to structures from wildland fires and lessen the hazards to
wildlands from structure fires.
3.13.1.2 Applicability. These wildfire regulations are applicable to all new construction in the unincorporated
territories of Eagle County and shall supercede the provisions of any previously approved Planned Unit
Development, which may contain language contradictory in nature to the intent of these regulations. In the event
that a previously approved Planned Unit Development contains language, which is more restrictive than the
language found in these regulations then, the more restrictive language shall apply.
3.13.1.2.a All new building construction, exterior modification to existing buildings, and/or additions that
increase an existing building's footprint or number of stories in moderate, high and extreme
hazard zones shall cause the entire building to comply with the provisions of this regulation with
regard to the creation of Defensible Space. Pursuant to Section 3.13.4.5 Roofing or Siding of
Existing Buildings of this Resolution, re-roofing permits will not require Defensible Space. Only
exterior modifications to existing buildings shall comply with the provisions of this regulation
with regard to fire resistive construction. Buildings or structures that do not require a building
permit are exempt from this regulation, although their proximity to a permitted structure may
modify the requirement for defensible space on the property.
3.13.1.2.b All Communities and/or Subdivisions in existence prior to the effective date of these wildfire
regulations may opt to prepare a Comprehensive Wildfire Mitigation Plan, which includes all
lands and buildings within a defiiitive boundary delineated by said Plan. The Comprehensive
Wildfire Mitigation Plan will be evaluated and may be approved at the sole discretion of the Board
of County Commissioners through application for a Special Use Permit pursuant to Chapter 2,
Article 5 of the Eagle County Land Use Regulations. The Board will render their decision based
upon recommendations from the Planning Commission, the Colorado State Forest Service, the
Local Fire Authority Having Jurisdiction and any other applicable federal, state or local authority
or agency.
If the Special Use Permit for the Comprehensive Wildfire Mitigation Plan is approved and
adopted by the Board of County Commissioners, then the land area defined within the Plan will
not be required to conform to this Chapter III with regard to wildfire mitigation. Rather, the land
area defined within the Plan will be bound via Board of County Commissioner Resolution for the
Special Use Permit to fully implement the elements of the Comprehensive Wildfire Mitigation
Plan within a time frame established by the Board of County Commissioners through the Special
Use Permit. The Comprehensive Wildfire Mitigation Plan shall remain in full force and effect and
all wildfire mitigation measures established within the Plan shall be maintained in perpetuity,
unless otherwise amended by the Board of County Commissioners.
The County shall be authorized to set limits on the length of any Special Use Permit that it issues
and to obtain assurances that the ongoing operation of the use will comply with all of the
applicant's representations and all conditions of approval, including, but not limited to, requiring
an annual compliance review. All conditions imposed in any Special Use Permit shall be
expressly set forth in the resolution approving the Special Use Permit.
Revocation or suspension of a Special Use Permit issued pursuant to these Land Use Regulations
shall be made under the procedures and standards of Article 7 of these Land Use Regulations,
upon a finding that the Special Use Permit was issued on the basis of erroneous or misleading
information or representation, the development violates the terms or conditions of any permit
issued pursuant to these Land Use Regulations, the terms or conditions of the Special Use Permit
or these Land Use Regulations.
3.13.1.2.c All Communities and/or Subdivisions in existence prior to the effective date of these wildfire
regulations opting to submit a Comprehensive Wildfire Mitigation Plan must have the plan
prepared by a natural resource professional with expertise in the field of vegetation management
and wildfire mitigation. Variable topography, diverse natural vegetative cover, as well as, unique
access and water supply characteristics typify each existing development in Eagle County. It is
therefore imperative that a plan be designed specifically for the community or subdivision seeking
special consideration. The plan shall contain strategies to implement wildfire mitigation measures
that will provide equal, if not superior, protection from the hazards inherent to wildfire. The plan
may include but not be limited to: Strategic vegetation management incorporating the creation of
strategic fire breaks in common areas, along access routes and subdivision perimeter and on each
privately owned property; Creation of Defensible Space around all existing structures within the
boundaries of the Comprehensive Wildfire Mitigation Plan; Removal of dead and diseased trees,
clean-up and maintenance of under- story growth and ground debris within common areas and on
each privately owned property; Provision of or improvement of an existing fire fighting water
supply; Community/subdivision ingress/egress and individual driveway improvements designed to
accommodate adequate emergency vehicle access and turnaround areas; Create at least two usable
points of ingress/egress to the community/subdivision; Provision of adequate road and address
signage; Inclusion of new technology designed to mitigate wildfire hazards such as fire retardant
foam or gel applications, and; Retrofit existing structures with fire resistive construction materials,
particularly, fire resistive deck and roofing materials. The Board may also consider pre-existing
wildfire mitigation measures.
3.13.2 - DEFINITIONS For the purpose of this regulation, certain terms are defined as follows:
COMPREHENSIVE WILDFIRE MITIGATION PLAN means an exhaustive, substantive compilation of
10
contain the materials specified in Section 5-210.D.2, Minimum Contents of Application,
and the following information:
(2) The following maps and information shall be required and shall conform to the
format and inclusions which follow:
(v) Preliminary Utility Plan, pursuant to Section 4-670, 4-680 and 4-690,
on a plan supplemental to and at the same scale as the Preliminary Plan,
to include the following:
dd. Fire Protection The developer shall provide fire hydrants,
water tanks, cisterns and/or dry hydrants within the
development capable of providing a fire fighting water supply.
Such hydrants and/or cisterns shall be of the type, size and
number and shall be installed in locations as specified in
Section 4.430.E.1.a, Water Supply of these Land Use
Regulations, or as may be alternatively approved by the Local
Fire Authority Having Jurisdiction.
(x) Vegetation Management Plan pursuant to Section 4-430.
Chapter III - Eagle County Building Resolution
3.13.1 - GENERAL
3.13.1.1 Purpose. The purpose of this regulation is to establish minimum design and construction standards for the
protection of life and property from fire within the Wildland/Urban Interface. These provisions are meant to aid in
the prevention and suppression of fires, lessen the hazards to structures from wildland fires and lessen the hazards to
wildlands from structure fires.
3.13.1.2 Applicability. These wildfire regulations are applicable to all new construction in the unincorporated
territories of Eagle County and shall supercede the provisions of any previously approved Planned Unit
Development, which may contain language contradictory in nature to the intent of these regulations. In the event
that a previously approved Planned Unit Development contains language, which is more restrictive than the
language found in these regulations then, the more restrictive language shall apply.
3.13.1.2.a All new building construction, exterior modification to existing buildings, and/or additions that
increase an existing building's footprint or number of stories in moderate, high and extreme
hazard zones shall cause the entire building to comply with the provisions of this regulation with
regard to the creation of Defensible Space. Pursuant to Section 3.13.4.5 Roofmg or Siding of
Existing Buildings of this Resolution, re-roofing permits will not require Defensible Space. Only
exterior modifications to existing buildings shall comply with the provisions of this regulation
with regard to fire resistive construction. Buildings or structures that do not require a building
permit are exempt from this regulation, although their proximity to a pernutted structure may
modify the requirement for defensible space on the property.
3.13.1.2.b All Communities and/or Subdivisions in existence prior to the effective date of these wildfire
regulations may opt to prepare a Comprehensive Wildfire Mitigation Plan, which includes all
lands and buildings within a definitive boundary delineated by said Plan. The Comprehensive .
Wildfire Mitigation Plan will be evaluated and may be approved at the sole discretion of the Board
of County Commissioners through application for a Special Use Permit pursuant to Chapter 2,
commonly accepted practices designed to substantially decrease the hazards to life, property and the natural
environment caused by wildfire.
DEFENSIBLE SPACE is a designated area surrounding a building or buildings that will be subject to fuel
modification measures intended to reduce fire-spread potential between the structure and adjacent vegetation.
FIRE HYDRANT means a valved connection on a piped water supply system having one or more outlets that is
used to supply hose and fire pumpers with water as approved by the Local Fire Authority Having Jurisdiction.
FIRE-RESISTIVE CONSTRUCTION means a fire-resistive shell- exterior walls shall be a listed, one-hour fire-
resistive assembly or log (6" min. dia.), and the roof shall be protected by a layer of 5/8" type X gypsum board
interior ceiling or nominal 2"x T&G wood interior ceiling. A non-combustible exterior wall surface (cement stucco,
brick, stone, cement fiber siding) may be used in lieu of the exterior membrane of a listed wall assembly. Decks
shall be one-hour fire resistive construction as defined in the building code in effect at the time of building permit
application.
TREE CROWN is the needle or leaf bearing part of a tree. The crown edge is the tree's drip edge.
3.13.3 - PROCEDURE
3.13.3.1 Hazard Rating Assignment Prior to the approval of a building permit applicable to these regulations, a
Wildfire Hazard Rating must be determined for the subject property. The rating will determine the level of
mitigation required for construction.
3.13.3.1.a Wildfire Hazard Rating, CSFS. Pursuant to Section 4-430.D.1 of the Eagle County Land Use
Regulations, plans for subdivisions, Planned Unit Developments or Special Use Permits in Eagle
County are referred to the Colorado State Forest Service. The CSFS reviews the application and
determines a wildfire hazard rating of low, moderate, high or extreme for the project.
3.13.3.1.b Wildfire Hazard Rating, Not Assigned. A wildfire hazard rating must be obtained on properties
for which the Colorado State Forest Service has not assigned a wildfire hazard rating. Eagle
County Community Development Staff, the Local Fire Authority Having Jurisdiction or the
Colorado State Forest Service, using identical criteria, will determine site- specific wildfire hazard
ratings.
3.13.3.2 Inspection The level and type of Wildfire Hazard mitigation shall be determined by Eagle County
Community Development Staff at the time of building permit plan check. During construction,
the following site inspections shall be required.
3.13.3.2.a Initial site inspections. Two (2) inspections shall be required prior to the issuance of a building
permit. A wildfire hazard rating for the property must be available. Prior to the initial inspection
being scheduled, the footprint of the proposed structure must be staked out on the ground. The
first inspection shall establish the defensible space, identify trees and shrubs to be removed or
pruned and list other mitigation measures to be performed within the defensible space. The
second inspection shall be made to verify that defensible space mitigations identified during the
first inspection have been completed.
3.13.3.2.b Final Site Inspection. A final inspection to verify that all required mitigations have been
completed or properly utilized shall be conducted prior to the issuance of a Temporary Certificate
of Occupancy (TCO) for the structure.
3.13. 4 - REQUIRED MITIGATION
3.13.4.1 Defensible Space Vegetation Management Zones. Defensible Space shall extend the distances specified
11
in Table A (a minimum 70 feet for flat lots), or to the property lines, whichever is less. Defensible space
measurements shall commence from the building plane, and follow all projections and recessions on each side of the
building. A defensible space required under these provisions shall also encompass, and extend from, all buildings
on the property located within a 50-foot radius of the affected building. Within the Defensible Space identified
through application of Table A, the following mitigation shall be provided (Reference Figure 1):
3.13.4.1.a Zone 1: Is the area of maximum modification and treatment. The intent of Zone 1 is to reduce
fuels that are immediately adjacent to flammable elements of the structure and to provide a clear
access area for fire fighting operations. Zone 1 is an area measured 15 feet from the edges of the
structure. Ideally, all trees within Zone 1 should be removed to reduce the fire hazard. If a tree or
cluster of trees must remain, it will be considered as an integral part of the structure and
Defensible Space pursuant to Table A will be measured from the drip line of the tree or tree
cluster. This is particularly important if the building is sided with wood or other flammable
materials. Decorative rock or irrigated, mowed grass creates an attractive, easily maintained
nonflammable ground cover. If the house has noncombustible siding, widely spaced foundation
plantings of low growing shrubs or other fire resistant plants are acceptable (Reference CSFS
Publication 6.305, Firewise Plant Materials or, the version of this publication currently in
effect.). Frequent pruning and maintenance of plants in this zone is necessary. All dead branches,
stems and leaves must be regularly removed. All trees within Zone 1 must be pruned to at least 10
feet above the ground, but no more than 1/3 the overall height of the tree (Aspen trees, individual
spruce, fu and pine specimens are exempt). All branches that interfere with the structure's roof or
chimney must be removed. All ladder fuels (small shrubs, trees, tree limbs and other materials
that allow fire to climb into the tree crown) must be removed from beneath the tree or tree cluster.
3.13.4.1.b Zone 2: Is an area of fuel reduction. It is a transitional area between Zones 1 and 3. The size of
Zone 2 depends on the slope of the ground where the structure is built (Reference Table A).
Within this zone, the continuity and arrangement of vegetation is modified to reduce the intensity
of any fire approaching the structure. Trees and shrubs must be thinned so that there is a
minimum of 10 feet between crowns. Crown separation is measured from the furthest branch of
one tree to the nearest branch on the next tree. All ladder fuels from under these trees must be
removed. All trees must be pruned to at least 10 feet above the ground, but no more than 1/3 the
overall height of the tree (Aspen trees, individual spruce, fir and pine specimens are exempt).
Zone 2 forms an aesthetic buffer and provides a transition between zones; therefore, it is necessary
to blend the requirements for Zones 1 and 3. The inner portions of Zone 2 must be more heavily
thinned than the outer portions. Tree density may increase as Zone 2 approaches Zone 3. Isolated
shrubs may remain provided they are not under tree crowns. These shrubs must be pruned and
maintained for vigorous growth Dead stems and shrubs must be removed. No more than 2 dead
trees per acre should remain for wildlife habitat. Dead trees, which can fall onto a structure or
block an access, must be removed.
3.13.4.1.c Zone 3: Is an area of traditional forest management and is of no particular size. Zone 3 extends
from the edge of Zone 2 to the property boundaries. Typical management objectives for Zone 3
are: To provide optimum recreational opportunities; enhance aesthetics; maintain tree health and
vigor; provide barriers for wind, noise, dust and visual intrusions. Specific thinning requirements
are dictated by the property owner's objectives, however, most thinning will be done leaving the
biggest and best trees and on an individual tree basis. Thinning sanitizes and improves the forest
stand by removing trees that are damaged, attacked by insects, infected by disease or are of poor
form or low vigor.
12
commonly accepted practices designed to substantially decrease the hazards to life, property and the natural
environment caused by wildfire.
DEFENSIBLE SPACE is a designated area surrounding a building or buildings that will be subject to fuel
modification measures intended to reduce fire-spread potential between the structure and adjacent vegetation.
FIRE HYDRANT means a valved connection on a piped water supply system having one or more outlets that is
used to supply hose and fire pumpers with water as approved by the Local Fire Authority Having Jurisdiction.
FIRE-RESISTIVE CONSTRUCTION means a fire-resistive shell- exterior walls shall be a listed, one-hour fire-
resistive assembly or log (6" min. dia.), and the roof shall be protected by a layer of 5/8" type X gypsum board
interior ceiling or nominal 2"x T&G wood interior ceiling. A non-combustible exterior wall surface (cement stucco,
brick, stone, cement fiber siding) may be used in lieu of the exterior membrane of a listed wall assembly. Decks
shall be one-hour fire resistive construction as defined in the building code in effect at the time of building permit
application.
TREE CROWN is the needle or leaf bearing part of a tree. The crown edge is the tree's drip edge.
3.133 - PROCEDURE
3.13.3.1 Hazard Rating Assignment Prior to the approval of a building permit applicable to these regulations, a
Wildfire Hazard Rating must be determined for the subject property. The rating will determine the level of
mitigation required for construction.
3.13.3.1.a Wildfire Hazard Rating, CSFS. Pursuant to Section 4430.D.1 of the Eagle County Land Use
Regulations, plans for subdivisions, Planned Unit Developments or Special Use Permits in Eagle
County are referred to the Colorado State Forest Service. The CSFS reviews the application and
determines a wildfire hazard rating of low, moderate, high or extreme for the project.
3.13.3.1.b Wildfire Hazard Rating, Not Assigned. A wildfire hazard rating must be obtained on properties
for which the Colorado State Forest Service has not assigned a wildfire hazard rating. Eagle
County Community Development Staff, the Local Fire Authority Having Jurisdiction or the
Colorado State Forest Service, using identical criteria, will determine site- specific wildfire hazard
ratings.
3.13.3.2 Inspection The level and type of Wildfire Hazard mitigation shall be determined by Eagle County
Community Development Staff at the time of building permit plan check. During construction,
the following site inspections shall be required.
3.13.3.2.a Initial site inspections. Two (2) inspections shall be required prior to the issuance of a building
permit. A wildfire hazard rating for the property must be available. Prior to the initial inspection
being scheduled, the footprint of the proposed structure must be staked out on the ground. The
first inspection shall establish the defensible space, identify trees and shrubs to be removed or
pruned and list other mitigation measures to be performed within the defensible space. The
second inspection shall be made to verify that defensible space mitigations identified during the
first inspection have been completed.
3.13.3.2.b Final Site Inspection. A final inspection to verify that all required mitigations have been
completed or properly utilized shall be conducted prior to the issuance of a Temporary Certificate
of Occupancy (TCO) for the structure.
3.13.4 - REQUIRED MITIGATION
3.13.4.1 Defensible Space Vegetation Management Zones. Defensible Space shall extend the distances specified
11
50
40
30
K20
us to
?n ae to ion 110 120 180 110 160 170 590 21C
(and side)
Distance to home
Table A: This chart indicates the
minimum dimensions for defensible space
from the home to the outer edge of Zone 2.
rr
Zone3
i? Zone2
it If ? J
Zone 1
--- PropatYUW
5g x
Figure 1: Property showing the three fire
defensible zones around a home or other
structure.
3.13.4.2 Construction. The following construction specific requirements shall be enforced based on a site's
assigned Hazard Rating. The establishment of a Defensible Space shall be required in moderate, high and
extreme hazard areas in accordance with the requirements of this regulation and Table A.
3.13.4.2.a Low Hazard Construction. No additional construction mitigation measures required.
3.13.4.2.b Moderate Hazard Construction. Structures located within a Moderate Wildfire Hazard area
shall be required to implement Defensible Space pursuant to Table A. All roofs shall be class A
or class B as defined in the building code in effect at the time of building permit application.
Decks shall be of fire resistive construction. Vents for roof ventilation shall not be in the
horizontal soffit.
3.13.4.2.c High Hazard Construction. Structures located within High Wildfire Hazard areas shall be
required to implement Defensible Space pursuant to Table A and shall incorporate fire-resistive
construction as defined in this regulation. All roofs shall be class A as defined in the building
code in effect at the time of building permit application. Decks, eaves and soffits shall be of fire
resistive construction. Vents for roof ventilation shall not be in the horizontal soffit.
3.13.4.2.d Extreme Hazard Construction. Site and construction-specific requirements for structures
proposed in areas that have been assigned an Extreme Wildfire Hazard rating shall be determined
by the department of Community Development and the Local Fire Authority Having Jurisdiction
on a case by case basis. The extreme rating may be downgraded. through implementation of
various vegetation management techniques designed to mitigate the overall wildfire hazard present
on the site and/or by providing a reliable year-round source of water for fire fighting purposes.
Fire hydrant(s) must conform with the requirements of the fire code in effect at the time of
application or, as otherwise determined by the Local Fire Authority Having Jurisdiction. Water
tanks, cisterns and/or dry hydrants shall meet the requirements of the National Fire Protection
Association (NFPA) Bulletin Number 1142, Suburban and Rural Fire Fighting, 2001 Edition
or, the edition of the referenced publication currently in effect The Local Fire Authority Having
Jurisdiction may approve an alternative standard.
3.13.4.3 Additions. Additions requiring a building permit in moderate, high or extreme hazard areas will require
that Defensible Space be developed around the addition as well as the existing structure in accordance with the
requirements of this regulation and Table A. Construction of the addition shall be in accordance with the
requirements of Section 3.13.4.2 of this regulation.
3.13.4.4 Exterior Decks. Exterior decks requiring a building permit will require that Defensible Space be
developed around the deck as well as the existing structure in accordance with the requirements of this regulation
lz
and Table A and shall also be constructed in a manner consistent with this regulation per the fire hazard rating
assigned to the property.
3.13.4.5 Roofing or Siding of Existing Buildings. When re-siding or re-roofing an existing building requires a
building permit, materials and construction shall comply with this regulation based on the fire hazard rating assigned
to the property. Defensible Space will not be required for re-siding or re-roofing an existing building.
TABLE 3
Amendment of Permit Fees
UBC Table 1-A-Building Permit Fees
Additional permit fees shall be charged as follows:
1. Reinspection fees assessed under provisions of Section 108.8
.....................................................................................$100.00 (per violation).
2. For moving or demolishing any building or structure
....................................................................................$47.00 (per inspection).
For Factory Built, Manufactured Housing/Mobile Home Base Fee Cost:
Single Wide Unit
2 field inspections and 1 hour plan review time ............ $127.50
Double Wide Unit
3 field inspections and 2 hour plan review time ............ $212.50
Note: The above includes Plumbing and Mechanical inspections without separate permitting.
Note: All additional inspections will be $47.00 each.
Examples: Footing, Foundation (other than Block/Pads), reinspection and any and all inspections performed on a
basement.
4. For site inspection and review of a plot to evaluate potential locations for an individual
subsurface or private sewage disposal system, per lot or test site (does not include percolation
test) ..................................................................................$85.00
** See Resolution No. 80-11, 1980 - Local Board of Health Eagle county Individual Sewage Disposal Regulations.
For site inspection including percolation test and soil profile observation
(per visit) ...........................................................................$200.00
For review and completion of a Federal Housing Administration questionnaire with respect to a dwelling to
be sold, including site inspection of a water supply and sewage disposal system and water supply
evaluation including water well construction comments.
.......................................................................................... $200.00
For reinspection of improperly installed septic systems ......... $47.00
Additional inspections for which collected fees are not adequate $47.00 per hour.
Requests for specialized reports will be charged $47.00 hourly with a '/Z hour minimum.
10. Per Eagle County Building Resolution Section 3.05, if the building card becomes lost or unreadable,
there will be a $20.00 fee to update or replace the card.
14
50
40
30
?n
Table A: This chart indicates the
minimum dimensions for defensible space
from the home to the outer edge of Zone 2.
r
Zone3
1 Zone2
r ? ?r
i
Zone 1
Property Linos `.
Figure 1: Property showing the three fire
defensible zones around a home or other
structure.
3.13.4.2 Construction. The following construction specific requirements shall be enforced based on a site's
assigned Hazard Rating. The establishment of a Defensible Space shall be required in moderate, high and
extreme hazard areas in accordance with the requirements of this regulation and Table A.
3.13.4.2.a Low Hazard Construction. No additional construction mitigation measures required.
3.13.4.2.b Moderate Hazard Construction. Structures located within a Moderate Wildfire Hazard area
shall be required to implement Defensible Space pursuant to Table A. All roofs shall be class A
or class B as defined in the building code in effect at the time of building permit application.
Decks shall be of fire resistive construction. Vents for roof ventilation shall not be in the
horizontal soffit.
3.13.4.2.c High Hazard Construction. Structures located within High Wildfire Hazard areas shall be
required to implement Defensible Space pursuant to Table A and shall incorporate fire-resistive
construction as defined in this regulation. All roofs shall be class A as defined in the building
code in effect at the time of building permit application. Decks, eaves and soffits shall be of fire
resistive construction. Vents for roof ventilation shall not be in the horizontal soffit.
3.13.4.2.d Extreme Hazard Construction. Site and construction-specific requirements for structures
proposed in areas that have been assigned an Extreme Wildfire Hazard rating shall be determined
by the department of Community Development and the Local Fire Authority Having Jurisdiction
on a case by case basis. The extreme rating may be downgraded through implementation of
various vegetation management techniques designed to mitigate the overall wildfire hazard present
on the site and/or by providing a reliable year-round source of water for fire fighting purposes.
Fire hydrant(s) must conform with the requirements of the fire code in effect at the time of
application or, as otherwise determined by the Local Fire Authority Having Jurisdiction. Water
tanks, cisterns and/or dry hydrants shall meet the requirements of the National Fire Protection
Association (NFPA) Bulletin Number 1142, Suburban and Rural Fire Fighting, 2001 Edition
or, the edition of the referenced publication currently in effect. The Local Fire Authority Having
Jurisdiction may approve an alternative standard.
3.13.4.3 Additions. Additions requiring a building permit in moderate, high or extreme hazard areas will require
that Defensible Space be developed around the addition as well as the existing structure in accordance with the
requirements of this regulation and Table A. Construction of the addition shall be in accordance with the
requirements of Section 3.13.4.2 of this regulation.
3.13.4.4 Exterior Decks. Exterior decks requiring a building permit will require that Defensible Space be
developed around the deck as well as the existing structure in accordance with the requirements of this regulation
13
Distance to hone
11. Fire Sprinkler systems and Fire Alarm Systems. Permit fees shall be based on the valuation of the systems
equipment and installation or the cost per square foot taken from the Building Valuation Data sheet,
Building Standards Magazine, published by the International Conference of Building Officials. Plus an
additional 65% for plan review.
12. Elevator Permit fees shall be paid to the Northwest Colorado Council of Governments.
For permit applications and to schedule inspections, contact Elevator Inspection Program at (970)468-0295
Ext. 108.
13. Replacement of roof for single-family structure is $47.00.
14. Grading pemut fees and plan review fees, per tables A-33-A and A-33-B of the 1997 UBC.
15. For Wildland Hazard Mitigation inspections: Three (3) field inspections and One (1) hour plan review time
$200.00
Note: All additional inspections will be $47.00 each. Inspections are not necessary for properties with a
low hazard rating-
I C
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
MARCH 11, 2003 - 5:30 PM
1. Call to Order/ Roll Call
2. Citizen Input
a. Vail Valley Economic Council - Don Cohen & Arn Menconi
3. Ordinances
Public Hearing - Second Reading
a. Ordinance No. 03-05, Series of 2003, An Ordinance Authorizing The Issuance Of
Not To Exceed $2,745,000 Adjustable Rate Demand Industrial Development
Revenue Refunding Bonds, Series 2003 (The Kroger Co.) Of The Town Of Avon,
Colorado (The "Issuer"), The Proceeds Of Which Shall Be Loaned To The Kroger
Co. For The Purpose Of Providing Funds For The Refunding Of Bonds Previously
Issued By The Issuer To Refinance Costs Of A "Project" Within The Meaning Of The
Colorado County And Municipality Development Revenue Bond Act; Authorizing A
Loan Agreement And Trust Indenture Appropriate For The Protection And
Disposition Of Such Revenues And To Further Secure Such Bonds; Authorizing A
Bond Purchase Agreement And Tax Regulatory Agreement And Authorizing Other
Actions In Connection With The Issuance Of Such Bonds. (John Dunn)
b. Ordinance No. 03-06, Series of 2003 - An Ordinance Authorizing Conveyance of
Lots 2, and 3, Resubdivision of Lots 1,2,3,4, and 5 McCrady Acres. (Norm Wood)
4. Resolutions
Public Hearing
a. Resolution No. 03-12, Series Of 2003, A Resolution Approving The Preliminary
Condominium Map, Barrancas, A Resubdivision Of Lot 40, Block 1, Benchmark At
Beaver Creek - Amendment No. 7, Town Of Avon, Eagle County, Colorado
(Norm Wood)
b. Resolution No. 03-13, Series of 2003, A Resolution Authorizing a Petition for
Exclusion of EagleBend Subdivision from Eagle Vail Metropolitan District and
Agreeing to Provide to EagleBend the Service now provided by Eagle Vail
Metropolitan District (John Dunn)
5. New Business
6. Other Business
7. Unfinished Business
8. Town Manager Report
9. Town Attorney Report
10. Mayor Report
11. Consent Agenda
a. Approval of the February 25, 2003 Regular Council Meeting Minutes
12. Adjournment
Avon Council Meeting. 03.03.11
TOWN OF AVON, COLORADO
ORDINANCE NO. 03-05
SERIES OF 2003
AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED $2,745,000 ADJUSTABLE RATE DEMAND INDUSTRIAL
DEVELOPMENT REVENUE REFUNDING BONDS, SERIES 2003 (THE
KROGER CO.) OF THE TOWN OF AVON, COLORADO (THE
"ISSUER"), THE PROCEEDS OF WHICH SHALL BE LOANED TO THE
KROGER CO. FOR THE PURPOSE OF PROVIDING FUNDS FOR THE
PERMANENT FINANCING OF COSTS OF A PROJECT WHICH
CONSTITUTES A "PROJECT" WITHIN THE MEANING OF THE
COUNTY AND MUNICIPALITY DEVELOPMENT BOND ACT;
AUTHORIZING A LOAN AGREEMENT AND TRUST INDENTURE
APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF SUCH
REVENUES AND TO FURTHER SECURE SUCH BONDS;
AUTHORIZING A BOND PURCHASE AGREEMENT, TAX
REGULATORY AGREEMENT AND OFFERING CIRCULAR AND
AUTHORIZING OTHER ACTIONS IN CONNECTION WITH THE
ISSUANCE OF SUCH BONDS.
WHEREAS, the Town of Avon, Colorado (the "Issuer"), a political subdivision of
the State of Colorado, is authorized and empowered, by virtue of the laws of the State of
Colorado, including without limitation, Part I of Article 3 of Title 29 (29-3-101 et seq.) of the
County and Municipality Development Revenue Bond Act of the Colorado Revised Statutes, as
amended (the "Act"), (a) to make a loan for the refunding and retiring of outstanding revenue
bonds issued under the Act, (b) to issue and sell its revenue refunding bonds to provide moneys
for such loan for the purpose of refunding its previously issued $2,745,000 Floating/Fixed Rate
Industrial Development Refunding Revenue Bonds (Dillon Real Estate Co., Inc. Project), dated
as of March 20, 1985 (the "Prior Bonds"), which refunded the Issuer's $2,800,000 Industrial
Development Revenue Bonds (City Market, Inc. Project), the proceeds of which were used to
finance the acquisition, construction and equipping of a retail supermarket facility and related
equipment, improvements and fixtures (the "Project") which constitutes a "Project" within the
meaning of the Act, and (c) to enact this Bond Legislation and execute and deliver the
agreements and instruments hereinafter identified; and
WHEREAS, this Town Council (the "Legislative Authority") of the Issuer has
determined and does hereby confirm that the sale and delivery of the $2,745,000 Adjustable Rate
Demand Industrial Development Revenue Refunding Bonds, Series 2003 (The Kroger Co.) (the
"Bonds") issued for the purpose of refunding and retiring of the Prior Bonds is consistent with
and in furtherance of the public purposes of the Act;
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. Definitions. All defined terms used herein and not otherwise defined
herein shall have the respective meanings given to them in the Trust Indenture with respect to the
Bonds (the "Indenture") between the Issuer and U.S. Bank National Association, Cincinnati,
Ohio, and its successors in trust, as trustee (the "Trustee").
Any reference herein to the Issuer or the Legislative Authority, or to any officers
or members thereof, shall include those which succeed to their functions, duties or
responsibilities pursuant to or by operation of law or who are lawfully performing their
functions.
Unless the context shall otherwise indicate, words importing the singular number
shall include the plural number, and vice versa, and the terms "hereof," "hereby," "hereto,"
"hereunder," and similar terms, mean this Bond Legislation.
Section 2. Determination of Issuer. This Legislative Authority determines
that: (i) the Project constitutes a "Project" within the meaning of the Act and is consistent with
and in furtherance of the public purposes of the Act; (ii) the refunding of the Prior Bonds and the
provisions of permanent financing of the costs of the Project will require the issuance, sale and
delivery of the Bonds in the principal amount of $2,745,000; and (iii) following reasonable .
notice, and prior to adoption of the bond legislation, a public hearing was held, as required by
Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"). The Issuer
hereby further determines that the Issuer shall and does hereby elect to have the provisions as to
the $10,000,000 limit in Section 144(a)(4) of the Code, apply to the Bonds.
Section 3. Authorization of Bonds. It is hereby determined to be necessary to,
and the Issuer shall, issue, sell and deliver, as provided herein and pursuant to the authority of the
Act, the Bonds for the purpose of refunding and retiring the Prior Bonds, all in accordance with
the provisions of the Loan Agreement dated as of February 1, 2003 (the "Agreement") between
the Issuer and the Borrower. The Bonds shall be designated "Adjustable Rate Demand Industrial
Development Revenue Refunding Bonds, Series 2003 (The Kroger Co.)". The maximum
amount of all Bonds to be outstanding at any one time is $2,745,000.
Section 4. Terms and Execution of the Bonds. The Bonds shall be issued in
the forms and denominations, shall be numbered, dated and payable as provided in the Indenture.
The Bonds shall mature as provided in the Indenture, and have such terms, bear such interest,
and be subject to mandatory and optional redemption as provided in the Indenture. This
Legislative Authority hereby fixes and establishes the interest rate in effect from time to time on
the Bonds in the manner and pursuant to the provisions of the Indenture. The Bonds shall be
executed on behalf of the Issuer by the manual or facsimile signature of the Mayor (or in the
absence of the Mayor, the Mayor pro tempore) and attested to by the clerk (or, in the absence of
the clerk, the acting clerk) of the Issuer, and the seal of the Issuer [may] be impressed thereon or
a facsimile of such seal placed thereon. In case any officer whose signature or a facsimile
-2-
thereof shall appear on the Bonds shall cease to be such officer before the issuance or delivery of
the Bonds, such signature or facsimile thereof shall nevertheless be valid and sufficient for all
purposes, the same as if he had remained in office until after that time.
The form of the Bonds submitted to this meeting, subject to appropriate insertions
and revisions in order to comply with the provisions of the Indenture, is hereby approved, and
when the same shall be executed on behalf of the Issuer by the appropriate officers thereof in the
manner contemplated hereby and by the Indenture, in an aggregate principal amount of not to
exceed $2,745,000, shall represent the approved form of Bonds of the Issuer.
Section 5. Sale of the Bonds. In accordance with a request of the Borrower, that
the sale of the Bonds be made privately upon a negotiated basis, the Bonds are hereby awarded
to Thornton Farish Inc. (the "Underwriter") at the purchase price set forth, and on the terms and
conditions described, in the Bond Purchase Agreement with respect to the Bonds (the "Bond
Purchase Agreement") among the Issuer, the Borrower, U.S. Bank National Association and the
Underwriter. The members of the Legislative Authority, the Mayor (or in the absence of the
Mayor, the Mayor pro tempore) and the clerk (or in the absence of the clerk, the acting clerk) of
the Issuer, or their legally permissible designees or appointees, each are hereby separately
authorized and directed to make on behalf of the Issuer the necessary arrangements to establish
the date, location, procedure and conditions for the delivery of the Bonds to the Underwriter, and
to take all steps necessary to effect due execution and delivery to the Underwriter (or temporary
bonds delivered in lieu of definitive Bonds until their preparation and delivery can be
effectuated) under the terms of this Bond Legislation, the Bond Purchase Agreement, the
Agreement and the Indenture. It is hereby determined that the price for and the terms of the
Bonds, and the sale thereof, all as provided in the aforesaid documents, are in the best interests of
the Issuer and consistent with all legal requirements.
Section 6. Arbitrage Provisions. The Issuer will restrict the use of the proceeds
of the Bonds in such manner and to such extent, if any, as may be necessary, after taking into
account reasonable expectations at the time the Bonds are delivered to the Underwriter, so that
they will not constitute arbitrage bonds under Section 148 of the Code. The Mayor (or in the
absence of the Mayor, the Mayor pro tempore), the clerk (or in the absence of the clerk, the
acting clerk) or any other member of the Legislative Authority or officer having responsibility
with respect to the issuance of the Bonds, is authorized and directed, alone or in conjunction with
any of the foregoing or with any other officer, employee, consultant or agent of the Issuer, to
deliver a certificate for inclusion in the transcript of proceedings for the Bonds, setting forth the
facts, estimates and circumstances and reasonable expectations pertaining to said Section 148
and regulations thereunder.
Section 7. Authorization of Agreement, Indenture, Bond Purchase
Agreement, Tax Regulatory Agreement and All Other Documents to be Executed by the
Issuer. In order to better secure the payment of the principal of, premium, if any, and interest on
the Bonds as the same shall become due and payable, any member of the Legislative Authority,
the Mayor (or in the absence of the Mayor, the Mayor pro tempore), the clerk (or in the absence
of the clerk, the acting clerk) of the Issuer, or their designees or appointees, is authorized and
directed to execute, acknowledge and deliver in the name and on behalf of the Issuer, the
-3-
Indenture, Agreement, Tax Regulatory Agreement and Bond Purchase Agreement in
substantially the forms submitted to the Issuer, which are hereby approved, with such changes
therein not inconsistent with this Bond Legislation and not substantially adverse to the Issuer as
may be permitted by the Act and approved by the officer executing the same on behalf of the
Issuer. The approval of such changes by said officer, and that such are not substantially adverse
to the Issuer, shall be conclusively evidenced by the execution of such Indenture, Agreement,
Tax Regulatory Agreement and Bond Purchase Agreement by such members or officers. The
Offering Circular prepared by the Underwriter in connection with the sale of the Bonds is hereby
authorized and is deemed to be in final form.
Each member of the Legislative Authority, the Mayor (or in the absence of the
Mayor, the Mayor pro tempore), the clerk (or in the absence of the clerk, the acting clerk) of the
Issuer, or their legally permissible designees or appointees, are each hereby separately authorized
to take any and all actions and to execute such financing statements, assignments, certificates and
other instruments that may be necessary or appropriate in the opinion of Peck, Shaffer &
Williams LLP, as Bond Counsel, in order to effect the issuance of the Bonds and the intent of
this Bond Legislation. The clerk (or in the absence of the clerk, the acting clerk) of the Issuer, or
other appropriate officer or employee or agent of the Issuer, shall certify a true transcript of all
proceedings had with respect to the issuance of the Bonds, along with such information from the
records of the Issuer as is necessary to determine the regularity and validity of the issuance of the
Bonds.
Section 8. Covenants of Issuer. In addition to other covenants of the Issuer in
this Bond Legislation, the Issuer further covenants and agrees as follows:
(a) Payment of Principal, Premium and Interest. The Issuer will, solely from
the sources herein or in the Indenture provided, pay or cause to be paid the principal of,
premium, if any, and interest on each and all Bonds on the dates, at the places and in the manner
provided herein, in the Indenture and in the Bonds.
(b) Performance of Covenants, Authority and Actions. The Issuer will at all
times faithfully observe and perform all agreements, covenants, undertakings, stipulations and
provisions contained in the Bonds, Agreement, Tax Regulatory Agreement, Bond Purchase
Agreement and Indenture, and in all proceedings of the Issuer pertaining to the Bonds. The
Issuer warrants and covenants that it is, and upon delivery of the Bonds will be, duly authorized
by the laws of the State of Colorado, including particularly and without limitation the Act, to
issue the Bonds and to execute the Agreement, the Indenture, the Tax Regulatory Agreement and
the Bond Purchase Agreement, and all other documents to be executed by it, to provide for the
security for payment of the principal of, premium, if any, and interest on the Bonds in the
manner and to the extent herein and in the Indenture set forth; that all actions on its part for the
issuance of the Bonds and execution and delivery of the Agreement, the Indenture, the Tax
Regulatory Agreement, the Bond Purchase Agreement and all other documents to be executed by
it in connection with the issuance of the Bonds, have been or will be duly and effectively taken;
and that the Bonds will be valid and enforceable special, limited obligations of the Issuer
according to the terms thereof. Each provision of the Bond Legislation, the Indenture, the
Agreement, the Tax Regulatory Agreement, the Bond Purchase Agreement and each Bond, and
-4-
all other documents to be executed by the Issuer in connection with the issuance of the Bonds, is
binding upon each officer of the Issuer as may from time to time have the authority under law to
take such actions as may be necessary to perform all or any part of the duty required by such
provision; and each duty of the Issuer and of its officers and employees undertaken pursuant to
such proceedings for the Bonds is established as a duty of the Issuer and of each such officer and
employee having authority to perform such duty.
Section 9. No Personal Liability. No recourse under or upon any obligation,
covenant, acceptance or agreement contained in this Ordinance, or in any Bond, or in the
Agreement, the Indenture, the Tax Regulatory Agreement or the Bond Purchase Agreement, or
under any judgment obtained against the Issuer or by the enforcement of any assessment or by
any legal or equitable proceeding by virtue of any constitution or statute or otherwise, or under
any circumstances, shall be had against any officer as such, past, present, or future, of the Issuer,
either directly or through the Issuer, or otherwise, for the payment for or to the Issuer or any
receiver thereof, or for or to any holder of any Bond, or otherwise, of any sum that may be due
and unpaid by the Issuer upon any of the Bonds. Any and all personal liability of every nature,
whether at common law or in equity, or by statute or by constitution or otherwise, of any such
officer, as such, to respond by reason of any act or omission on his or her part, or otherwise, for,
directly or indirectly, the payment for or to the Issuer or any receiver thereof, or for or to the
owner or any holder of any Bond, or otherwise, of any sum that may remain due and unpaid
upon any Bond, shall be deemed to be expressly waived and released as a condition of and
consideration for the execution and delivery of the Agreement, Indenture, the Tax Regulatory
Agreement and Bond Purchase Agreement and the issuance of the Bonds.
Section 10. No Debt or Tax Pledge. The Bonds do not constitute an
indebtedness or pledge of the faith and credit or taxing powers of the Issuer within the meaning of
the Constitution of the State of Colorado. The Bonds shall be payable solely from the revenues
and security interests pledged for their payment as provided in the Indenture, and neither moneys
raised by taxation nor any other general or special revenues of the Issuer shall be obligated or
pledged for the payment of principal of, premium (if any) or interest on the Bonds.
Section 11. Severabilitv. If any section, paragraph or provision of this Bond
Legislation shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph or provision shall not affect any of the remaining
provisions of this Bond Legislation.
Section 12. Sunshine Law. This Legislative Authority hereby finds and
determines that all formal actions relative to the adoption of this Bond Legislation were taken in
an open meeting of this Legislative Authority, and that all deliberations of this Legislative
Authority and of its committees, if any, which resulted in formal action, were in meetings open
to the public, in full compliance with applicable legal requirements.
Section 13. Approval of Financing. The Legislative Authority hereby approves
the issuance of the Bonds in the maximum aggregate principal amount of $2,745,000 to be
loaned to the Borrower for the refunding and retiring of the Prior Bonds which refunded bonds
were issued to finance the acquisition, construction and equipping of a retail supermarket facility
-5-
and related equipment, improvements and fixtures, located within the jurisdiction of the Issuer,
which Project is currently owned by the Borrower.
Section 14. Notice of Issuance. After the issuance of the Bonds, the Mayor (or
in the absence of the Mayor, the Mayor pro tempore) and/or the clerk (or in the absence of the
clerk, the acting clerk) of the Issuer are hereby authorized to execute, and any of the
aforementioned individuals of the Issuer or Peck, Shaffer & Williams LLP is hereby authorized
to deliver and file on behalf of the Issuer, the Notice of Issuance of the Bonds to the State of
Colorado or any of its agencies, if required.
Section 15. Effective Date. This Bond Legislation shall take effect and be in
force immediately upon its adoption.
INTRODUCED, READ BY TITLE, APPROVED ON FIRST READING AND
ORDERED PUBLISHED ONCE IN FULL AND ORDERED SET FOR A PUBLIC HEARING
ON FAY _, 2003, this day of , 2003.
N1aRCr-?- 1l , ycp?
TOWN OF AVON, COLORADO
"-
Mayor
(Seal)
Attest:
P 0-K- ' ?
Town Cl k
-6-
READ, ADOPTED ON SECOND READING this day of
, 2003.
TOWN OF AVON, COLORADO
Mayor
(Seal)
Attest:
Town Clerk
-7-
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 11TH DAY OF MARCH 2003, AT THE
TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE
ADOPTION OF THE FOLLOWING ORDINANCES:
Ordinance No. 03-05, Series of 2003
An Ordinance Authorizing The Issuance Of Not To Exceed $2,745,000 Adjustable Rate
Demand Industrial Development Revenue Refunding Bonds, Series 2003 (The KrogerCo.)
Of The Town Of Avon, Colorado (The "Issuer"), The Proceeds Of Which Shall Be Loaned To
The Kroger Co. For The Purpose Of Providing Funds For The Refunding Of Bonds
Previously Issued By The Issuer To Refinance Costs Of A "Project" Within The Meaning Of
The Colorado County And Municipality Development Revenue Bond Act; Authorizing A Loan
Agreement And Trust Indenture Appropriate For The Protection And Disposition Of Such
Revenues And To Further Secure Such Bonds; Authorizing A Bond Purchase Agreement
And Tax Regulatory Agreement And Authorizing Other Actions In Connection With The
Issuance Of Such Bonds.
Ordinance No. 03-06, Series of 2003
An Ordinance Authorizing Conveyance of Lots 2, and 3, Resubdivision of Lots 1,2,3,4, and 5
McGrady Acres.
A copy of said Ordinances are attached hereto, and are 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
TOWN OF AVON, COLORADO
BY.
Pat Mc enny
Tow rk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
FEBRUARY 28, 2003
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: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: March 6, 2003
Re: Ordinance 03-06, An Ordinance Authorizing Conveyance of Lots 2 and 3,
Resubdivision of Lots 1, 2, 3, 4 and 5 McGrady Acres - Second Reading
Public Hearing
Summary: The Resubdivision of Lots 1, 2, 3, 4 and 5 along with
reconfiguration of public road rights-of-way has resulted in various lot lines and road rights-
of-way overlapping lot lines and rights-of-way in the original subdivision. This creates
potential conflicts of ownership between the old and new property lines. The attached Bargain
and Sale Deeds resolve these ownership issues and clarify title to the properties conforming to
the current subdivision and lot lines.
Ordinance 03-06 authorizes the Town to execute the Bargain and Sale Deed conveying Lots 2
and 3, McGrady Acres to Traer Creek-RP LLC. This in conjunction with the Bargain and
Sale Deed executed by Traer Creek LLC and Traer Creek Metropolitan district Conveying Lot
1 to the Town of Avon and the Bargain and Sale Deed executed by Traer Creek LLC
conveying Tracts A and B (Nottingham Ranch Road and Post Blvd. rights-of-way) to Traer
Creek Metropolitan District completes the actions necessary to clarify and correct the various
property ownerships.
We recommend approval of Ordinance 03-06 conveying Lots 2 and 3, a Resubdivision of Lots
1, 2, 3, 4, and 5, McGrady Acres subdivision to Traer Creek-RP LLC.
Recommendation: Approve Ordinance 03-06 authorizing conveyance of
Lots 2 and 3, a Resubdivision of Lots 1, 2, 3, 4, and 5, McGrady Acres subdivision to Traer
Creek-RP LLC.
Town Manager Comments:
IAEngineedng\Avon Village\1.0 General\1.5 Annexation\Ordinance 03-06 Memo-2.Doc
TOWN OF AVON, COLORADO
ORDINANCE 03-06
SERIES OF 2003
AN ORDINANCE AUTHORIZING CONVEYANCE OF LOTS 2 AND 3,
RESUBDIVISION OF LOTS 1, 2, 3, 4 AND 5 MC GRADY ACRES
WHEREAS, the Town is the owner of Lot 1, Mc Grady Acres, Town of Avon,
County of Eagle and State of Colorado; and
WHEREAS, Traer Creek LLC and Traer Creek Metropolitan District are the owners
of Lots 2 through 5, McGrady Acres; and
WHEREAS, Lots 1 through 5, McGrady Acres, have now been resubdivided and
are now described as Lots 1, 2 and 3, a Resubdivision of Lots 1, 2, 3, 4 and 5 McGrady Acres
according to the Final Plat recorded April 4, 2002 at Reception No. 791066; and
WHEREAS, to correct and perfect title to Lot 1, Traer Creek LLC and Traer Creek
Metropolitan District have, by Bargain and Sale Deed, conveyed to the Town Lot 1, a
Resubdivision of Lots 1, 2, 3, 4 and 5 Mc Grady Acres according to the Final Plat recorded April 4,
2002 at Reception No. 791066;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of
Avon, Colorado, that the Town, for the purpose of correction and perfection of title, by Bargain and
Sale Deed, shall convey to Traer Creek LLC and Traer Creek Metropolitan District Lots 2 and 3, a
Resubdivision of Lots 1, 2, 3, 4 and 5 Mc Grady Acres according to the Final Plat recorded April 4,
2002 at Reception No. 791066.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED the 25th day of February, 2003, and a public hearing on this ordinance shall be held at the
regular meeting of the Town Council on the 11th day of March, 2003, at 5:30 P.M. in the Council
Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Mayor
1;? `
ATTEST:
Q') FQC-K--,
To?erk
INTRODUCED, FINALLY
APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the 11th day of March, 2003.
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO ADOPTED ON THE 25TH DAY OF FEBRUARY 2003 THE FOLLOWING
ORDINANCES:
ORDINANCE NO. 03-04, SERIES OF 2003, AN ORDINANCE AUTHORIZING EXECUTION OF A
CERTAIN GOVERNMENTAL LEASE-PURCHASE MASTER AGREEMENT
A copy of said Ordinances are attached hereto, and are also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
TOWN OF AVON, COLORADO
BY: Pmt C
Pat M enny
To erk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
FEBRUARY 28, 2003:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
Feb-18-03 02:45pm From-Dunn i Causey,LLC +9707488881 T-528 P.002/006 F-533
i?
(CONVENIFNCE DEW FOR NO CONSIDERATION-- NO DOCUMENTARYFEE REQUIRED]
BARGAIN AND SALE DEED
olitan
Traer Creek LLC, a Colorado limited liability subdivision company, f and Traer Creek the State of Colorado pwhose
District, a quasi municipal corporation and politic p do le nd
street addresses are 0322 E. Beaver Creek Soulevard, Town of Ayq j1 Cpog ? ?olitia ,
State of Colorado, and the Town of Avon, a Colorado municipal corporat 4} i9l•It?._, 1 i,
a own of
subdivision of the State of Colorado, whose street address is 400 Benchm,, 4 l: d NTH R
Avon, County of Eagle, State of Colorado, for the consideration Qf TEf j <Trf .
ON 510.00 , in hand paid,
GOOD AND VALUABLE CONSIDERATI ( Q Q,: T.
Creek-RP LLC, a Colorado limited liability company, (mailing address: P, . t
Colorado 81658), whose street address is 0322 E. Beaver Creek B the Count of agle and
County of Eagle and State of Colorado, the following real property Y
State of Colorado, to wit
Lots 2 and 3
A Resubdivision of Lots 1, 2, 3, 4 and 5 McGrady
Acres according to the Final Plat recorded April 4,
2002 at Reception No. 791066.
with all its appurtenances.
EXECUTED this ? day of December, A.D. 2002.
Traer Creek LLC, e
Colorado limited liability company
a gnus L helm,
Traer Creek Metropolitan D'stncik, quasi
municipal corporation and political 'subdivision of
the State of Colorado
/Shane E.
Town of Avon,_a-orado municipal corporation
and political subdivision of the state of Colorado
By. . Mayor
BARGAIN AND SALE DEED. ,- Sta 0 ' y? - 1nnM
C, indvw4\TEMr%8wVWn and Solo Bee" pGfM4Y
eb-18-03
My commission expires; IZ-q'?aY
o ry ublic
STATE OF COLORADO I )
)ss.
COUNTY OF EAGLE `: )
opal
ERIC
APPLEGATE
The foregoing instrument was a for o
of he Town of Avon, a Colorado municipal
2002, by i as Ma y
corporation and political subdivision of the State of Colorado.
Witness my hand and official seal.
My commission expires:
02:45pm From-Dunn i Causey,LLC
+9707488881 T-520 P.003/008 F-533
a A 'pA,c . .
c
r
STATE OF COLORADO ) Y
)ss. . ?
r
COUNTY OF EAGLE )
The foregoing instrru?ment was acknowledged before me this day of December,
2002, by Magnus Lindholm as Manager of Traer Creek LLC, a Colorado limited liability
company.
Witness my hand and official seal. SPRY PUe.
My commission expires; 12,•8'Zoo`1
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE 1 )
The foregoing instrument was acknowledged before me this _- da
as President of Traer Creek Metropolitan Distnc,
2002, by Shane E. Bohai
corporation and political subdivision of the State of Colorado.
Witness my hand Ind official seal.
BARGAIN AND SALE DEED. - Statutory Form.
0.Wndm9NTEMP%8arpain eno Sala Deed.MGCv=*Acrocl.d= 12MOM 112 PM
Feb-18-03 02:45pm From-Dunn i Causey,LLC +9707488861. 7-520- 'P.004/006 F-533
h
1
I
I1
I
[CONVENIENCE DEED FOR NO cONSIDERAPON- NO DOCUMENTARYFE6 REQUIRED]
BARGAIN AND SALE DEED
olitan
litical i subdivision company, of and Traer Creek te Stat of Colorado,
Traer Creek LLC, a Colorado limited po
District, a quasi municipal corpora tion and political Boule
Town o Avon, County of Eagle and
vard, addresses are 0322 E. Beaver Creek LLRS ANDfOTHER GOOD AND VALUABLE
State of Colorado, for the consideration of TEN D Tow
Avon CONSIDERATION ($10.00), .din hand paid, hereby subdivision oand n of the Statehof Co on ado, (ma ling
Colorado municipal corpgration and political s Road,
address, P.O. Box 975, Ayon, Colorado 81620), whose street address is 409.P
P h?un
k?
State of Colorado, the following real prpRY6t
Town of Avon, County of >agle, df .
Eagle and State of Colorac 10, to wit:
Lot,
A R,.subdivision of Lots 1, 2, 3, 4 and 5 McGrady
Acr s according to the Final Plat recorded April 4,
200 at Reception No. 791066.
with all its appurtenances.
EXECUTED this day of December, A.D. 2002.
Traer Creek LLC, a
Colorado limited liability company
M
r
r
6agnus Lin olm, Manage
Traer Creek Metropolitan DitTt, ,
quasi municipal corporation an'polilic;?l:
subdivision of the State of C0.10 r
Ree, E. Bo reside.
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE )
in ?trument was acknowledged before me this _ day of December,
The foregoing
2002, by Magnus Lindholm as Manager of Traer Creek LLC, a Colorado limited liability
company.
Witness my handiand official seal. ??AY PU8
My commission e? pires: IZ •`?•2-d?`l
ti.. n ? ERIC
-Notary Public v1 = PPLEGATE
BARGAIN AND SALE DEED. Statutory Form. «': z ti .,•?•
C Wwujaw&%YEPAP%5arp91n am Stda Dvao• by A-iAw 12&= M PM ?+'
eb-18-03 02:45pm From-Dunn i Causey,LLC +9707488861 T-520 P.005/006 F-533
STATE OF COLORADO ) -"
COUN 1 I OF EAGLE ) fyY ?1
The foregoing instrument was acknowledged before rrte this t.#3fm11?
2002, by Shane E. Bohart !as President of Traer Creek Metropolitan District, `a quasi my i I, al
corporation and political subdivision of the State of Colorado.
Witness my hand and official seal.
_y P
My commission expires: \Z $Z%qN
otary Public AP ERIC
PLEGATE ,_ .
FC
s -?
i
BARGAIN AND SALE DEED. - Statutory Fort.
C k-nao-siTEMF1SwgPn - SZ10 Ooea-McGraw Aomi.doc i2ro i= PEA
Feb-18-03 02:41pm From-Dunn i Cau ey,LLC +8707488881 T? ) 9 6. F-533
FEE
LCONVENIENCEDEED FOR NO CONSIDERATION- NO DOCUMENTARyOUlRM]
BARGAIN AND SALE DEED
Traer Creek LLC, a Colorado limited liability company, whose street address is 0322 E.
Beaver Creek Boulevard. Town of Avon, County of Eagle and State of Colorado, for the
consideration of TF_N DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ($10.00, in
hand paid, hereby sells and conveys to Traer Creek Metropolitan District, a quasi municipal
corporation and political subdivision of the State of Colorado, (mailing address: P.O. Box 640,
Vail, Colorado 81658), whose street address is 0322 E: Beaver Creek Boulevard, Town of
Avon, County of Eagle and State of Colorado, the following real property in the County of Eagle
and State of Colorado, to wit:
Tracts A and B
A Rgsubdivision of Lots 1, 2, 3, 4 and 5 McGrady
Acres according to the Final Plat recorded April 41
2002 at Reception No. 791066.
with all its appurtenances.
EXECUTED this dayof December, A.D. 2002.
Traer Creek LLC, a
Colorado limited liability company
r
B
agnus dholm, Manager
STATE OF COLORADO )
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this, dayfemlot,:
` ky
2002, by Magnus Lindholm as Manager of Traer. Creek LLC, a Colorado lmii;e l liabil
company.
Witness my hand and official seal. ?? RY P(!
lZ• • g• Zook ?O" ?.?i?,
MY commission expires:
ERIC
i APPLEGATE jr
No c
? O
ql OF .CO?OQQ
BARGAIN AND SALE DEED. - Statutory Form.
C.1w,nccv4%rEMMarph and Sale 06e64%Girady ADWIAoe 12= 122 PM
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer'
Anne Martens, Assistant Town =Engineer
Date: March 6, 2003
Re: Resolution No. 03 - 12, Approving the Preliminary Condominium Map, Barrancas - I,
A Resubdivision of Lot 40, Block 1, Benchmark at Beaver Creek - Amendment No. 7,
Town of Avon, Eagle County, Colorado (0491 Metcalf Road) - Public Hearing
Summary: Barrancas, LLC., owner's of Lot 40, Block 1, Benchmark at Beaver Creek -
Amendment No.7, have submitted a Preliminary Condominium Map to resubdivide Lot 40,
Block 1, Benchmark at Beaver Creek - Amendment No. 7, Town of Avon, Eagle County,
Colorado. This is a Condominium Subdivision of a lot being developed, creating 18
condominium units. Public Hearing Notices have been sent out to the adjacent property
owners. A copy of the resolution is attached and has been amended to include the condition
that an application for Final Plat will not be accepted until all technical corrections have been
resolved and corrected.
Recommendations: Staff recommends approval of Resolution No. 03 - 12, Series
of 2003, A Resolution Approving the Preliminary Condominium Map, Barrancas - I, a
Resubdivision of Lot 40, Block 1, Benchmark at Beaver Creek - Amendment No. 7, Town of
Avon, Eagle County, Colorado subject to completion of technical corrections as identified by
Town Staff and an application for Final Plat will not be accepted until all technical corrections
on the Preliminary Map have been resolved and corrected.
Town Manager Comments:
J
CADocuments and Settings\nwood\1-ocal Settings\Temporary Internet Files\01-1<2\1-40131 BMBCPP3.doc
TOWN OF AVON
RESOLUTION NO. 03 -12
Series of 2003
A RESOLUTION APPROVING THE PRELIMINARY CONDOMINIUM MAP,
BARRANCAS - I, A RESUBDIVISION OF LOT 40, BLOCK 1, BENCHMARK AT
BEAVER CREEK - AMENDMENT NO. 7, TOWN OF AVON, EAGLE COUNTY,
COLORADO.
WHEREAS, Barrancas, LLC, has submitted a Preliminary Condominium Map of Barrancas - I
for a Resubdivision of Lot 40, Block 1, Benchmark at Beaver Creek - Amendment No. 7, Town
of Avon, Eagle County, Colorado; and
WHEREAS, the Preliminary Condominium Map has been reviewed by the Town Staff, and
WHEREAS, the Preliminary Condominium Map was found to be substantially in conformance
with Title 16 of the Avon Municipal Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration as a
Preliminary Condominium Map.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Preliminary Condominium Map of Barrancas - I, A Resubdivision of Lot
40, Block 1, Benchmark at Beaver Creek - Amendment No. 7, Town of Avon, Eagle County,
Colorado, is hereby approved by the Town of Avon subject to:
1. The completion of technical corrections as identified by Town Staff.
2. An Application for Final Plat will not be accepted until all technical corrections
on Preliminary Map have been resolved and corrected.
ADOPTED THIS DAY OF
92003.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny
Town Clerk
CADocuments and Settings\nwood\Local Settings\Temporary Internet Fi1es\0LK2\L40BIBMBCPPres0312.doc
MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
SUBJECT: EAGLEBEND EXCLUSION
DATE: MARCH 6, 2003
At your meeting on February 25, 2003, direction was given to initiate the exclusion
of Eaglebend from Eagle Vail Metropolitan District. You will therefore have before you a
resolution which will accomplish that purpose at your meeting on March 11.
If the resolution is adopted, the following steps will be taken:
1. A petition will be filed with the court.
2. Within ten days after the filing of the petition, the Eagle Vail board will be
notified, and the Eaglebend taxpaying electors will be notified by publication. The Town, the
Eagle Vail board and the taxpaying electors, as a class, are the parties to the exclusion proceedings.
3. At the time of filing the petition, the Town is required (in the language of the
statute) to submit a plan for the disposition of assets and continuation of services to all areas of the
district. The plan includes, to the extent applicable, a) provisions for the maintenance and
continuity of facilities to be utilized by the territories both within and without the municipal
boundaries and b) provisions for services to all territories served or previously served by the
district. In this case, the plan would be a simple one, providing for conveyance of water lines and
facilities within Eaglebend to the Town and providing for the Town's supplying of water to
Eaglebend. Services to the remaining areas of Eagle Vail and maintenance and continuity of the
facilities utilized without the Town boundaries would not be affected.
4. Eagle Vail will be required to submit a similar plan at some time after the filing
of the petition. I assume that, at that stage, Eagle Vail would take the position that it is entitled to
be compensated for transfer to the Town of the water rights now being used to serve Eaglebend
(out of its surplus).
5. If the district and the Town agree on a single plan and enter into a contract
incorporating it, the court is required to review the contract and, if it finds the contract is fair and
equitable, approve it and incorporate it into the exclusion order. The court's review of the contract
includes (again in the language of the statute) consideration of the district's outstanding bonds,
discharge by the Town or Eaglebend of the portion of the debt incurred to serve Eaglebend, the
value and source of district facilities located within Eaglebend, the facilities to be transferred
necessary to serve Eaglebend, adequacy of facilities retained by the district, availability of the
facilities transferred to continue to serve the district, the effect which the transfer of facilities and
assumption of indebtedness will have upon the service provided in the remaining area of the district
and the extent to which the exclusion reduces the services or facilities or increases the costs to
users in the remaining area of the district.
6. If the Town and Eagle Vail cannot agree on a single plan, the court is required to
review both plans and direct each to carry out so much of their respective plans as to which there is
no disagreement and make such other provisions as are fair and equitable, make such allocation of
facilities, impose such responsibilities for the discharge of indebtedness and impose such other
conditions and obligations on the district and the Town as the court finds necessary to permit the
exclusion of the territory and the transfer of facilities necessary to serve the territory excluded
without impairing the quality of service or imposing an additional burden or expense on the
remaining territory of the district.
7. In the case of special districts providing water, certain additional requirements
must be met. First, the district's outstanding bonds may not exceed ten percent of the valuation for
assessment of the taxable property in the remaining territory of the district or, as an alternative, the
Town or Eaglebend must discharge that portion of the district's indebtedness incurred to serve
Eaglebend or the Town must enter into a contract to purchase the entire system of the district at a
price sufficient to pay the outstanding indebtedness of the district, including interest. Second,
provision must be made that all areas of the district receive the water services for which the district
was organized in substantial compliance with and fulfillment of the service plan for the district or
the petition for organization if no service plan exists.
8. After filing of the petition, ten percent or 100 of the eligible electors of
Eaglebend, whichever is less, may petition the court for a special election to be held within
Eaglebend on the question of exclusion. If a petition is filed, the court orders a special election, but
only if the conditions described above have been met. The district bears the costs of the election.
9. Any order for exclusion becomes effective, after recording, on January 1 next
following the date the order is entered.
10. Once exclusion is effective, Eaglebend will not be subject to any property tax
levied by Eagle Vail for its operating costs. For the purpose of retiring the district's outstanding
indebtedness and interest existing at the effective date of the exclusion order, Eagle Vail remains
intact as a district, and Eaglebend will be obligated to the same extent as all other property within
Eagle Vail but only for the proportion of such outstanding indebtedness and interest existing
immediately prior to the effective date of the order.
Conclusion Staff continues to have a concern with respect to this matter, both as to its potential
cost and as to its necessity. You will find attached a spread-sheet analysis of the tax impact of the
exclusion of Eaglebend from Eagle Vail Metro.
JWD:ipse
Avon vs. Eaglebend Mill Levy
Avon Eaglebend Drive
Town of Avon 14.234 14.234
Avon Metro District 3.478
Eagle-Vail Metro 15.435
Eagle County 6.999 6.999
Eagle County Library District 2.75 2.75
Colorado Mountain College 3.997 3.997
Eagle County School District 21.981 21.981
ER Water & San District 1.3 1.3
ER Fire Protection District 3.8 3.8
CO River Water Conservancy District 0.255 0.255
Eagle County Health Service District 2.011 2.011
Total 60.805 72.762
Annually, Eaglebend Drive Residents pay 11.957 more mills than other Avon residents
This translates into an additional $107.613 for every $100,000 of home value
For this, Eaglebend Residents are able to pay "in district" fees in Eagle-Vail for the following:
1. Outdoor Swimming Pool
2. Par 3 Golf Course
3. 18-Hole Golf Course
4. Pavilion Rental
There are no instances of double taxation
The Eagle-Vail mills are broken out as follows:
10 mills - debt service with an expiration date of 2009
5.435 - parks operations
If Eaglebend Residents exclude from Eagle-Vail Metro
they will still have to pay the 10 mills until 2009.
They will cease paying the 5.435 mills toward parks operations
This will result in a savings of $48.915 per $100,000 of home value
RESOLUTION 03-13
Series of 2003
A RESOLUTION AUTHORIZING A PETITION FOR
EXCLUSION OF EAGLEBEND SUBDIVISION FROM
EAGLE VAIL METROPOLITAN DISTRICT AND
AGREEING TO PROVIDE TO EAGLEBEND THE SERVICE
NOW PROVIDED BY EAGLE VAIL METROPOLITAN
DISTRICT
WHEREAS, the territory known as Eaglebend Subdivision, more specifically
described in Exhibit "A" attached hereto, in the Town of Avon ("the Territory"), is located in Eagle
Vail Metropolitan District; and
WHEREAS, § 32-1-502(1)(a), C.R.S., authorizes the governing body of any
municipality wherein territory within a special district is located to petition the court for exclusion
of the territory described in the petition from the special district; and
WHEREAS, § 32-1-502(2)(a), C.R.S., requires as a condition to exclusion, that the
governing body of the municipality agree by resolution to provide the service provided by the
special district to the area described in the petition on and after the effective date of the exclusion
order; and
WHEREAS, the only municipal service not now provided by the Town to the
Territory is the provision of a potable water supply for consumption for residential purposes;
NOW, THEREFORE, BE IT RESOLVED:
1. The Town Attorney is authorized and directed to file a petition with the District
Court for Eagle County for exclusion of the Territory from the Eagle Vail Metropolitan District.
2. On and after the effective date of any exclusion order entered by the District
Court, the Town shall provide a potable water supply for consumption for residential purposes.
ADOPTED at a regular meeting of the Town Council of the Town of Avon the 11th
day of March, 2003.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
mar-u0-u41 IU;4jam rrum-vuoo a l.austly,Li-6
T01u1400001 I-0J0 r•uuciuuc r-III
...... u / 1 Il
L'ZG•'•?, DESCRIPTIon
A parcel of land located in the Southeast one-quarter of
Section 12, Township 5 South, Range 82 Y:est, and the Southwest
•tr:-Quarter of Section 71 Township 5 South, Range el west of
1`e Sixth Principal Meridian, Eagle County, Colorado, said
_?-zrcel being more particularly described as follows with all
b`-ar _ngs relative to the Final Plat of Eagle-Vail Filing No. 2;
Beginning at a point on the South right-of-way line of
the Denver and Rio Grande Western Railroad from whence the
'.crth one-quarter corner of said Section 7, a brass cap nionuie;j`
-auna in place, beers N 05°01'54° 4462.67 feet;
said richt-of- a line the following fourcourseset~encE along
1) N 64°22'00° w 2064.00 feet 2) 578.05 feet along the aTcof oaa34,327.50 foot2radius
curve to the left :hose long chord bears N 64°50'57" W 578.04 fee
O a Doint on the common line of said Section 12 and 7;
3) thence continuing along the arc of said curve,
390.54 feet to a point of tangent, with h-a long chord which
hears N 65`39'27" W 390.54 feet;
4) thence N 65°59'00° W 377,60 feet to a point from
y:r?Eace the cor:e
non one-quarter corner of said Sections 12 and
%. a brass cap monument found in place, bears N 67010139" E
756.94 fesL-
then ce S 23028130" W 417.51 feet along the cast line of a parcel
of land owned by .rank and Imogene noll,•as recorded in Book. 215
at pace 291 of the Eagle County Records, to a point on the center-
line of the Eagle River; thence along said centerline and ??ea-
Ncr th line of a parcel of land owned by :Ken and Don IKriz, ase
recorded in Book 227 at page 252 of the Eagle-County Records, the
following five courses:
1) S 59°39'32" E 398.03 feet;
2) S 619?6/30" E 300.36 feet;
3) S 59.23149" E 305.09 feet to a point on the common
line between said Section 12 and 7, from whence the south-
east corner of said Section 7, a brass cap monument found
in place, bears S 00017113" E 1458.64 feet;
-4) thence continuing $ 5923.49" r 2_gg feet;
51 S 84°14140" E 54.42 feet; r
thence leaving said centerline, S 01.24'46" E 35.00 feet to a
on the South bank'of the Eagle River; thence alon point
the following eleven courses: g said South bank
1) S
2) S
3) N
Eagle-Vail
4) S
5) S
6) S
7) S
8) S
9) S
10) S
11) S
-cE leaving
line of a
e.` Beginning,
65000'10" E 43-16 feet;
73000'41" E 27.24 feet;
93029118" E 409.37 feet
Filing No. 2;
860.3413 ?" E 110-16 feet;
62°21/141t E 260.77 feet;
38°51'12" E 231_14 feet;
50°24114" E 315.36 =eet;
61052'35" 263.06 =eat;
76°00'35" ? 301.96 feet;
5501113611 227,75 feet;
37040159'1 S 20.49 feet;
to Corner 110. 17 of
said South bank, 11 45°53'00" E 503.74 feet along the
contcel and owned by Susan Nottingham, to the point
ining !,:395,474 sallArA +r--- __ ___
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD FEBRUARY 25, 2003
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 Buz Reynolds called the meeting to order at 5:30 PM. A roll call was taken with
Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, Ron Wolfe and Mayor
Pro Tern Mac McDevitt present. Also present were 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, Finance Director Scott Wright, Police Chief Jeff Layman,
Community Development Director Ruth Borne, as well as members of the press and public.
Ordinances
Public Hearing - Second Reading
Finance Director Scott Wright presented on second reading Ordinance No. 03-04, Series of
2003, an Ordinance Authorizing Execution of a Certain Governmental Lease-Purchase Master
Agreement. He noted that the Ordinance adopts a Lease-Purchase Master Agreement with
Wells Fargo Brokerage Services, LLC, for the purchase of equipment previously appropriated
within the 2003 budget; for the refinancing of previously lease-purchased equipment; and to
transfer certain lease-purchase obligations to the Eagle River Fire Protection District. He
continued to describe which items would be refinanced & purchased as follows, 1) refinance on
payments for 5 pieces of equipment that were leased in 1998, 2) refinance on payments for 3
vehicles leased in 1999 & 2000, 3) purchase 3 pieces of equipment for public works. The
advantages include savings to the Town estimated at $7,700 over the next 2 years as well as a
financing at a lower interest rate.
Mayor Reynolds opened the public hearing, no comments were made and the hearing was
closed. Councilor D. Buckley moved to approve Ordinance No. 03-04, Series of 2003, on
second reading, an Ordinance Authorizing Execution of a Certain Governmental Lease-
Purchase Master Agreement on first reading. Councilor Brown seconded the motion and it
passed unanimously.
First Reading
Town Attorney John Dunn introduced the Town's bond counsel, Kurt Kaufman with Sherman
and Howard, who presented Ordinance No. 03-05, an Ordinance refunding bonds for Kroger
Company. He presented historical information about the original financing for the construction
of City Market that occurred in 1980. This refinancing would be the second time Kroger as
taken advantage of competitive interest rates; an earlier refinancing occurred in 1985. He
highlighted the fact that the Town is not liable for any of the debt incurred with this issuance. He
explained that the bonds were Industrial Development Revenue Bond which were a popular
type of bond sold in the eighties. This type of bond issuance is no longer available to the retail
sector. He answered several additional questions from Council.
Councilor Brown moved to approve Ordinance No. 03-05, Series of 2003, on first reading, an
Ordinance Authorizing The Issuance Of Not To Exceed $2,745,000 Adjustable Rate Demand
Industrial Development Revenue Refunding Bonds, Series 2003 (The Kroger Co.) Of The Town
Of Avon, Colorado (The "Issuer"), The Proceeds Of Which Shall Be Loaned To The Kroger Co.
For The Purpose Of Providing Funds For The Refunding Of Bonds Previously Issued By The
Issuer To Refinance Costs Of A "Project" Within The Meaning Of The Colorado County And
Municipality Development Revenue Bond Act; Authorizing A Loan Agreement And Trust
Indenture Appropriate For The Protection And Disposition Of Such Revenues And To Further
Secure Such Bonds; Authorizing A Bond Purchase Agreement And Tax Regulatory Agreement
And Authorizing Other Actions In Connection With The Issuance Of Such Bonds. Councilor
McDevitt seconded the motion and it passed unanimously.
Councilor P. Buckley summarized some of what took place at the earlier work session regarding
discussions with a number of City Market / Kroger Company representatives. He noted that the
community has had some concern with the products offered at the local City Market. Mike
Shunk, Real Estate Representative with Kroger, was present to answer any additional questions
and inform the Council and community that City Market wants to remain a primary player in
Avon's business community.
Town Engineer Norm Wood presented Ordinance No. 03-06 - An Ordinance Authorizing
Conveyance of Lots 2, and 3, Resubdivision of Lots 1,2,3,4, and 5 McGrady Acres. He noted
that the Resubdivision of Lots 1, 2, 3, 4 and 5 along with reconfiguration of public road rights-of-
way has resulted in various lot lines and road rights-of-way overlapping lot lines and rights-of-
way in the original subdivision. This has created potential conflicts of ownership between the
old and new property lines. The Bargain and Sale Deeds (included in the packet) resolves
these ownership issues and clarifies title to the properties conforming to the current subdivision
and lot lines. The Ordinance authorizes the Town to execute the Bargain and Sale Deed
conveying Lots 2 and 3, McGrady Acres to Traer Creek-RP, LLC.
Councilor D. Buckley moved to approve Ordinance No. 03-06 on first reading, an Ordinance
Authorizing Conveyance of Lots 2, and 3, Resubdivision of Lots 1,2,3,4, and 5 McGrady Acres.
Councilor Sipes seconded the motion and it passed unanimously.
Resolutions
Public Hearing
Town Engineer Norm Wood presented Resolution No. 03-12, Series Of 2003, A Resolution
Approving The Preliminary Condominium Map, Barrancas, A Resubdivision Of Lot 40, Block 1,
Benchmark At Beaver Creek - Amendment No. 7, Town Of Avon, Eagle County, Colorado
(0491 Metcalf Road). He informed the Council that Barrancas, LLC, owners of the property
above, submitted a Preliminary Condominium Map to resubdivide the property, a condominium
subdivision of a lot being developed, creating 18 condo units. Staff has mailed Public Hearing
notices to the adjacent property owners. Due to the extensive number of technical corrections,
staff recommends opening the public hearing for comment on this application and continuing the
hearing until the next regular Council meeting (3/11/03).
Councilor Sipes moved to table the vote on Resolution No. 03-12 and continue the public
hearing until the March 11th meeting. Councilor Brown seconded the motion and it passed
unanimously.
Other Business
Michael Cacioppo commented on the topic of water restrictions and encouraged the Council to
be informed on this topic before passing any legislation. He asked that their be equity in any
regulations proposed and asked the Council to relay that message to the respective Boards. It
was noted that meetings were going to be held that week with ERWSD to discuss the topic.
Regular Council Meeting Page 2 of 3
February 25, 2003
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda items. Councilor D. Buckley
moved to approve the consent agenda below. Councilor McDevitt seconded the motion and it
passed unanimously.
a. Approval of the February 11, 2003 Regular Council Meeting Minutes
b. Transit Agreement
c. Agreement for Laser Show July 4th
d. Sherman & Howard - Letter of Engagement
e. Expense Recovery Agreement / Kroger Company
f. Village at Avon - Wolford Mountain Water Storage Agreement
g. Resolution No. 03-11, Series Of 2003, A Resolution Approving the Final Plat, a
Resubdivision of Lot 16, Block 2, Wildridge, Town Of Avon, Eagle County, Colorado
There being no further business to come before the Council, the meeting adjourned at 6 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting
February 25, 2003
Page 3 of 3
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer ?f?' /
Date: March 7, 2003
Re: Eaglebend Annexation & Water
Summary: The following is brief outline and time frame of the Eaglebend
Subdivision and Annexation process and related water issues:
October 18, 1979 Division of Water Resources letter approving Eagle-Vail
Metropolitan district as designated water source contingent upon
written commitment from District for service
July 21, 1981 Service Agreement from Eagle-Vail Metropolitan District to
Eaglebend for 143 Units based on conveyance of water rights for
0.11 cfs and 80.04 ac-ft consumptive use per year
September 1, 1981 Eagle-Vail water attorney letter to Nottingham attorney
transmitting final Service Agreement and stating water right
amount and source to be transferred to Eagle-Vail
June 1, 1982 Eaglebend Subdivision Plat with 143 residential development
rights recorded by Eagle County
April 22, 1986 Eaglebend annexation, zoning and subdivision application filed
with the Town of Avon
May 1, 1986 Letter from Upper Eagle Valley Consolidated Sanitation District
(UEVCSD) indicating acceptance of Eaglebend water and sewer
lines by UEVCSD and Eagle-Vail Metropolitan District
June 10, 1986 Resolution and Ordinances 86-10 and 86-12 approved Eaglebend
annexation, subdivision and zoning for 228 residential units
I:\Engineenng\Administt-ation\Miscellaneous\Eaglebend Exclusion\Devlopment & Water Summary.Doc
July 10, 1990 Ordinance 90-8, PUD Amendment increasing density for
Eaglebend Apartment area from 139 units to 242 units -
(Eaglebend revised total - 331 units)
June 1992 Ordinance 92-13 PUD Amendment changing Filing 2 Zoning
from 32 Townhouse Units to 21 Single Family Units - (Eaglebend
revised total - 320 units)
February 12, 2003 Letter from Glen Porzak - Eagle-Vail is willing to provide water
to Eaglebend so long as they remain in the District but if the are
excluded from the district their consumption has been calculated
as being 14 ac-ft with 1.5 ac-ft augmentation required - estimated
cost to purchase from Eagle-Vail (12.5 @ $3000 plus 1.5 @
$12,000 = $55,500)
February 20, 2003 Eagle-Vail Metropolitan District Resolution formalizing position
that water rights will not be provided for Eaglebend if it is
excluded from the District
Town Manager Comments:
J
0 Page 2