TC Council Packet 01-24-2006TOWN OF "ON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY` JANUARY 24, 2006
AvOmMUNnCxPAL BUILDING, 400 BENCHMARK ROAD
Regular Council Meeting Agenda
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MEETING BEGINS AT 5:30 PM
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OFAGENDA
3' DISCLOSURE OF POTENTIAL CONFLICT OFINTEREST
4' CITIZEN AND COMMUNITY INPUT
5' INTRODUCTION OF NEW STAFF IN COMMUNITY DEVELOPMENT DEPARTMENT (T*Mo| KATEe. COMMUNITY
DEVELOPMENT DIRECTOR)
G' ORDINANCES
o. Public Hearing on C)njinmnms No. 00-01. Series of 2006. First Reading, An Ordinance
Approving an Amendment to theVVi|dhdge Planned Unit Development for Lot 44 and Lot 45,
Block 4, VVi|dhdge Subdivision, /\vOO. Eagle COUDtv. CO|o[8dO (Matt Pia|aUcker. Planner) This PUD
amendment is a request to allow for three (detached) single-family residences in p|oma of two duplex
structures; location is5123&512Q Long Sun Lane
b. Public Hearing on Ordinance 0o. 00-02. Series Of 2006, Second Reading, An Ordinance
Amending Ordinance No 05-12, Relating TOThe Chateau St. Claire Planned Unit Development
(John Dunn, Town Attorney) An update on the status of this project and consideration of the ordinance on
second reading
o. Public Hearing on Ordinance No. 06-03. Series of 2006, First F{eadinQ, Confluence Planned
Unit Development & Development Agreement (Tambi Katiab. Community Development Director &
Eric Heidemann, Senior Planner) A request for amendment to the 19 acre Confluence PUD to modify the
existing development rights and zoning for the entire property. This application proposes o Westin hotel,
retail p|aza, high-speed public gondo|e, condnminiums, and fractional residential units. The property in
located between the Eagle River and the West Town Center, accessible from Avon Road
7'
�
RESOLUTIONS
— Resolution |�oD NO. 06-06' Series of 2006. Resolution Denying the Amendment tO the VV|d[kjge
Planned Unit Development for Lot 44 & Lot 45, Block 4' VVN[kjge Subdivision, /\VOO' Eagle
County, Colorado (Matt pielsticker, Planner) This PUO amendment is a request to allow for three
(detached) single-family residences in place of a two duplex structures; location is5123&512Q Long Sun
Lane. The resolution is provided to Council for denial of the application on first reading of the Ordinance
b� R8sO|uhOO No. 06-05' Series of 2006, A Resolution Denying Preliminary Subdivision P|8D For
ReSubdiViSiOO Of L0[S 44 & 45' Block 4, Wi|dhdge, Town Of Avon, Eagle County, Colorado
(Norm Wood, Town Engineer) Resolution related to the PUD Amendment for Lots 44 & 45; final action on
the plan should correspond with final action on the PUDAmendment
c. Public Hearing on Resolution No. 06-07, Series of 2006, Resolution approving Subdivision
Variance to Allow Minimum Curve F{8diUS of Less than 100 Feet and CUi-[)e-Sac E]U|b Right-of-
Way Diameter Of Less than 100 Feet in the Proposed F<iverf[Ont Subdivision, l[OxvO of Avon,
Eagle v C0|O[adO (Norm Wood, Town Engineer) East VVest Partners, Inc. application for the
above referenced approval for the parcel nf land commonly known ao the Confluence, approximately 18.S
acres; the variance application is for variances from design criteria for local streets & cul-de-sacs
Avon Council Meeting. u0.u1.2*
Page 2ofo
TOWN OF "ON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, JANUARY 24, 2006
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
Regular Council Meeti
d� Public Hearing on Resolution No. 08-08. Series of 2006. Resolution Approving Preliminary
Subdivision Plan for Riverf[O[t 8UbdiviGiOn, Town of Avon, Eagle County, Colorado (Norm Wood,
Town Engineer) East West Partners, Inc. application for the above referenced approval for the parcel of
land commonly known as the Confluence. approximately 18.8 acres; the preliminary plans reflect the
proposed public improvements and the relationship to the development under the proposed Confluence
PUDAnnendment
8. NEW BUSINESS
9. OTHER BUSINESS
a. Public Hearing on The Village (at Avon) Filing 4. Proposed Preliminary Subdivision Plan and
Subdivision Variance Applications (Norm Wood, Town Engineer) Traer Creek RIP LLC submitted the
above referenced applications and staff has deemed them incomplete at this time; public notices were
sent &a public hearing will therefore beheld
10. UNFINISHED BUSINESS
11- TOWN MANAGER REPORT
12, TOWN ATTORNEY REPORT
13. MAYOR REPORT
14. FUTURE AGENDA ITEMS
Agenda For February 14, 2006: the Confluence Project, TIPs Training Requirement
15. CONSENT AGENDA
8. Minutes from January 1O,2OOO Regular Council Meeting
b, Design Workshop Proposal for Transit Center Design Services (Norm Wood, Town Engineer)
C. Renewal Of Hotel & Restaurant Liquor License for Bob's P|8CS LLC d/U/G Bob's P|GCe' 100 W.
Beaver Creek Blvd (Patty yNcKenny. Town Clerk)
d. Renewal Of REd8i| Liquor Store License for Miller's Bottle Shop d/b/@ Joe's LiqUOnS' 1000 W.
Beaver Creek Blvd (Patty McKenny, Town Clerk)
Avon Council Meeting. 06.01.24
Page ama
L T 1.9
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FART uI the VALLEY
Jul
C 0 L 0 R A D 0
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Matt Pielsticker, Community Development
Tambi Katieb, Community Development
Date: January 17, 2006
Re: First Reading of Ordinance 06-01, Ecker PUD Amendment— Lot 44 &
Lot 45, Block 4, Wildridge Subdivision (5123/5129 Longsun Lane)
PUBLIC HEARING
Summary:
The applicants, Sam Ecker and Bruce Baca, are requesting an amendment to Lots
44 and 45, Block 4 of the Wildridge PUD to permit 3 detached single-family
residences. The subject properties are currently zoned to allow for a total of four (4)
dwelling units, with two dwelling units assigned to each lot. The current entitlements
permit the construction of either one single-family structure or one duplex structure
on each property.
There are currently two single-family homes constructed. Lot 44 contains 1.15 acres
with a 4,900 square foot home that was constructed in 1995. Lot 45 is
approximately .94 acres with a 3,200 square foot home which was built in 1992.
This amendment would permanently reduce the density for the properties by one (1)
dwelling unit and create a new lot for a potential third single-family residence.
Vehicular access to the new proposed lot (referenced as Lot 44B) is from Wildridge
Road East as opposed to using one of two existing access points on Longsun Lane.
At their December 20�', 2005 meeting, the Planning and Zoning Commission
unanimously recommended denial of the PUD amendment. On December 30, 2005
staff received a letter from the applicant requesting a tabling from the regularly
scheduled January 10, 2006 meeting in order to give time to respond to concerns
brought by the Planning Commission. This application was tabled by the Town
Council at their January 10, 2006 meeting until the next regular meeting on January
24th meeting.
0
Recommendation:
Staff is recommending approval of Resolution 06-02, thereby denying this
application on first reading of Ordinance 06-01.
Discussion:
While staff agrees that the proposed development would generally be compatible
with surrounding development in terms of density and construction type, it is difficult
to find a benefit to the community with this zoning amendment. The Planning and
Zoning Commission found this application in conflict with several Policies of the
Comprehensive Plan, as outlined in the attached staff report and Resolution 05-14.
In addition, this application appears to conflict with some of the mandatory PUD
review criteria as set forth in the Avon Municipal Code.
At their December 20, 2005 meeting, the Planning and Zoning Commission
approved Resolution 05-14, recommending denial of this application. No public
comment was received at the Planning and Zoning Commission Public Hearing.
Attached to this memo is Resolution 05-14 forwarded to you by the Planning and
Zoning Commission for review, the staff report to Planning & Zoning Commission
that reviews in detail the application proposed, as well as a narrative and reduced
copy of the proposed PUD Amendment provided by the applicant.
Available Actions:
The following options are available for action on this application:
1) Approve First Reading of Ordinance 06-01
2) Table on First Reading of Ordinance 06-01
3) Deny on First Reading of Ordinance 06-01, approving denial of the application
through Resolution 06-06.
Town Manager
A. Ordinance 06-01
B. Resolution 06-06
C. Planning and Zoning Commission Resolution 05-14
D. Staff Report dated December 12, 2005
E. Reduced (11" x 17") Site Plan & Narrative provided by applicant
F. Planning and Zoning Commission December 20, 2005 Meeting Minutes
G. Applicant's request for Tabling dated December 30, 2005
• Page 2 January 24, 2006 Town Council Meeting First Reading Ordinance 06-02, Ecker PUD Amendment
LOA
5,
TOWN OF AVON
SERIES OF 2006
WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR
LOT 44 AND LOT 45, BLOCK 4, WILDRIDGE SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Sam Ecker, has applied for an amendment to the Wildridge PUD to permit
three (3) single - family lots on Lots 44 and 45, Block 4, Wildridge Subdivision, as more
specifically described in the application dated November 11, 2005; and
WHEREAS, the proper posting, publication and public notices for the hearings before
the Planning & Zoning Commission of the Town of Avon were provided as required by law; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public
hearing on December 20, 2005, at which time the applicant and the public were given an
opportunity to express their opinions and present certain information and reports regarding the
proposed PUD Amendment; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded its recommendation for denial on the PUD application to the Town Council of the
Town of Avon through Resolution 05 -14; and
WHEREAS, after notices provided by law, this Council held a public hearing on the
day of , 2006, at which time the public was given an opportunity to
express their opinions regarding the proposed PUD Development Plan; and
WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the
Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows:
1. The hearings before the Planning & Zoning Commission and the Town Council
were complete and that all pertinent facts, matters and issues were submitted at
those hearings.
2. That the PUD Plan is consistent with the goals and objectives of the Town's
Comprehensive Plan, and is compatible with surrounding neighborhood and the
public interest.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
The Amendment to the Wildridge PUD to rezone Lots 44 and 45, Block 4 from two
duplex structures to three (3) single - family lots (Lots 44A, 44B, and 45A) as more specifically
described in the application dated November 11, 2005 is hereby approved, subject to concurrent
approval of the preliminary plan subdivision and associated technical corrections.
I
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this _ day of , 2006, and a public hearing shall be held at the
regular meeting of the Town Council of the Town of Avon, Colorado, on the - day of,
2006, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
Mayor
ATTEST:
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED the - day of 2006.
ATTEST:
Town Clerk
Town of Avon, Colorado
Town Council
Mayor
APPROVED AS TO
Town Attorney
IN
M,
m
low
1
SERIES OF 2006
A RESOLUTION DENYING THE AMENDMENT TO THE WILDRIDGE PLANNED
UNIT DEVELOPMENT (PUD) FOR LOT 44 AND LOT 45, BLOCK 4, WILDRIDGE
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Samuel Ecker, has applied for an amendment to the Wildridge PUD to permit
three (3) single- family lots on Lots 44 and 45, Block 4, Wildridge Subdivision, as more
specifically described in the application dated November 11, 2005; and
WHEREAS, HEREAS, after notices required by law, a public hearing on said application was held by
the Planning & Zoning Commission and unanimously recommended denial in Resolution 05-
14 on December 20, 2005; and
WHEREAS, the Planning & Zoning Commission determined that the application fails to
comply with the PUD review criteria as set forth in Section 17.20.110.
WHEREAS, HEREAS, said application fails to comply with the following Town of Avon
Comprehensive Plan's Policies, as required by section 17.20.110h(1) of the Avon Municipal
Code:
1. Policy l_3 Flexible zoning such as PUD should be encouraged where it results in
more effective use of land. However, such flexible zoning will only be allowed where
it provides a benefit to the community and is compatible with surrounding
development. Variations from standard zoning must be clearly demonstrated, and will
be permitted only as needed to achieve effective development.
2. Policy A1.6 Land for open space should be preserved throughout the community,
particularly on steep slopes and other environmentally sensitive areas.
3. Policy A3.7 Steep slopes in and around the community should be designated and
preserved as open space wherever possible.
4. Policy F1.2 Development shall not be allowed on steep hillside areas vulnerable to
environmental and visual degradation.
5. Goal Cl. Provide for diverse, quality housing to serve all economic segments and age
groups of the population.
WHEREAS, this PUD Amendment fails to provide evidence of compliance with the public
purpose provisions outlined in Section 17.28.085 of the Municipal Code;
NOW, THEREFORE, BE IT RESOLVED, that the Avon Town Council hereby denies the
amendment of the Wildridge PUD, Lots 44 & 45, Block 4, Final Plat, Replat Number Two,
Wildridge Subdivision, application dated November 11, 2005
0079JOWIXF19 �� • 11•
TOWN COUNCIL
Mayor
Town Clerk
EXHIBIT C
RESOLUTION NO. 05-14
A RESOLUTION RECON51ENDING DENIAL OF A PUD AMENDMENT
APPLICATION AMENDING THE WILDRIDGE PUD, LOTS 44 & 45, BLOCK 4,
WILDRIDGE SUBDIVISION, AS MORE SPECIFICALLY DESCRIBED IN THE
APPLICATION DATED NOVEMBER 11, 2005.
WHEREAS, Sam Ecker has filed an application to amend the, existing Planned Unit
Development ( "PUD ") for the Wildridge PUD; and
►`1` HEREAS, the proper posting, publication and public notices for the hearings before the
Planning and Zoning Commission of the Town of Avon were provided as required by law; and
WHEREAS, said application fails to comply with the following Town of Avon Comprehensive
Plan's Policies, as required by section 17.20.110h(1) of the Avon Municipal Code:
1. Policy A13 Flexible zoning such as PUD should be encouraged where it results in more
effective use of land. However, such flexible zoning will only be allowed where it provides a
benefit to the community and is compatible with surrounding development. Variations from
standard zoning must be clearly demonstrated, and will be permitted only as needed to achieve
effective development.
2. Policy A1.6 Land for open space should be preserved throughout the community, particularly
on steep slopes and other environmentally sensitive areas.
3. Policy A33 Steep slopes in and around the community should be designated and preserved as
open space wherever possible.
4. Policy F1.2 Development shall not be allowed on steep hillside areas vulnerable to
environmental and visual degradation.
FAPlanning & Zoning CommissioAResolutions\200ARes 05 -14 L44 &45 B4 WR Ecker PUD Amendment.doc
5. Goal Cl. Provide for diverse, quality housing to serve all economic segments and age groups
of the population.
WHEREAS, said application fails to comply with the following PUD review criteria set forth
in Section 17.12.110 of the Avon Municipal Code, including the following:
1. The site plan, building design and location and open space provisions fail to produce a
functional development responsive and sensitive to natural features, vegetation and overall
aesthetic quality of the community. 17.20.110h(6).
2. Functional and aesthetic landscaping and open space are not maintained in order to
optimize and preserve the natural features of the sites. 17.20.110h(8).
3. Apparent conflicts with the requirements contained within the design guidelines of the Town.
17.20.110h(2).
WHERIEAS, this PUD Amendment fails to provide evidence of compliance with the public purpose
provisions outlined in Section 17.28.085 of the Municipal Code,
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby
recommends denial to the Town Council for the amendment of the Wildridge PUD, Lots 44
& 45, Block 4, Final Plat, Replat Number Two, Wildridge Subdivision, application dated
November 11, 2005 with the following conditions:
ADOPTED THIS 20th DAY OF DECEMBER, 2005
Signed: (( �� Ay
C -- Date: _
Chris Evans, Chair
st
Date:
Phil Struve, Secretary
FAPIanning & Zoning Commission\Resolutions1200ARes 05 -14 L44 &45 B4 WR Ecker PUD Amendment.doc
EXHIBIT D
Staff Report IF, W`�,Vmj
PUD Amendment AVON
C 0 L 0 R A D 5
December 20, 2005 Planning & Zoning Commission meeting
Report date December 12, 2005
Project type AMENDMENT to the WILDRIDGE PUD
Legal description Lot 44 & Lot 45, Block 4, Wildridge
Subdivision
Current zoning PUD (4 units - 2 Duplexes)
Address 5123 & 5129 Longsun Lane
Introduction
Sam Ecker and the Baca's (Bruce and Susan) are proposing an amendment to Lot 44
and Lot 45, Block 4 of the Wildridge PUD to permit three detached single-family
residences in place of two duplex structures. There are currently two single-family
residences constructed. This amendment would permanently reduce the density for the
properties by one dwelling unit, and a new lot would be created for the third single-
family residence. Vehicular access to the new lot would be from Wildridge Road East
as opposed to using one of two existing access points on Longsun Lane.
The two subject properties are currently zoned to allow for two (2) duplex structures, or
a total of four (4) dwelling units. The details of the proposed access, site design, and
compatibility with adjacent land uses are discussed later in the report. It is important to
note that this PUD application is being reviewed in conjunction with a preliminary
subdivision plan.
The proposed PUD amendment would create a new access, reduce the overall density
by one dwelling unit, and create a new lot for the development of a single-family
residence. Some of the features of the amendment include:
• Proposed: Lot 44A: Existing Single-Family Residence owned by Bruce &
Susan Baca
Lot 45A: Existing Single-Family Residence owned by Samuel Ecker
Lot 4413: Newly created lot zoned for one (1) Single-Family
Residence. The Building Envelope measures approximately
15,200 square feet, or 190'x 80'.
• Height Restriction on Lot 4413: 25' in the rear of the property and 35' elsewhere.
• Setbacks: 25' front, 10' rear
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment
December 20, 2005 Planning & Zoning Commission meeting Page 2 of 9
• Lot 44B would be accessed from Wildridge Road East.
• Creation of a platted building envelope.
• Vacation of Property Line, Easements, and Platted Setback Lines.
Staff Recommendation
Staff recommends DENIAL of the proposed PUD amendment and preliminary
subdivision for the following reasons: (1) added site disturbance; (2) failure to advance
or meet the Public Benefit Criteria; and (3) conflict with adopted policies of the
Comprehensive Plan.
This will be a Public Hearing, as required by Section 17.20.100 of the Avon Municipal
Code.
Background & Discussion
Benchmark Properties created Wildridge Subdivision in 1979 shortly after the
incorporation of the Town of Avon on February 28, 1978. According to the Wildridge
Final Plat application for Wildridge and Wildwood Subdivisions, the overall development
concept was for "abundant open space recreation areas around lots" with a density of
"barely one dwelling unit per acre". The land was identified with no particular hazards
for development except in areas with slopes of 40%. The development plan recognized
that lot sizes are a function of land slope, buildable area and road access; smaller lots
are concentrated on lesser slopes with easy access and larger lots are on steeper
slopes where buildable area and access are more restricted.
In 1981, the Wildridge Subdivision was completely replatted with a total of 849 planned
development units and is the foundation of the current zoning in Wildridge. Over the
years, there have been several PUD Amendments and transferring of development
rights.
Recently, there have been several PUD Amendments in Wildridge Block 2 and one
major Amendment in Block 4 wherein development rights have been altered and
replatted. The most recent Amendment in Block 4, "Western Sage", converted four
properties with a combined total of eleven (11) dwelling units into eight (8) single-family
home sites. One major difference with this application and past PUD Amendments that
the Town has reviewed is that the subject properties are partially developed, whereas
the previous Amendments were undeveloped giving them greater flexibility in lot line
locations, access options, and resulting building locations.
Existing Conditions
Lot 44
1.15 acres with a log constructed single-family home of approximately 4,900 (including
garage area) square feet in size. The home was constructed in 1995. The property
drops considerably below the home down to Wildridge Road East with native sage
brush vegetation.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
M
Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment
December 20, 2005 Planning & Zoning Commission meeting Page 3 of 9
Lot 45
Property is .94 acres and the home is constructed with predominately wood siding and
totals approximately 3,200 square feet. This home was built in 1992 and the lot shares
many of the same characteristics as Lot 44, with steep grades dropping from the back
of the home to where it meets up with Wildridqe Road East.
As with many of the neighboring properties on Longsun Lane, much of the lower
portions of these two lots are covered in native sage brush and most of the grades
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
1
VR
rh
Lot 45
Property is .94 acres and the home is constructed with predominately wood siding and
totals approximately 3,200 square feet. This home was built in 1992 and the lot shares
many of the same characteristics as Lot 44, with steep grades dropping from the back
of the home to where it meets up with Wildridqe Road East.
As with many of the neighboring properties on Longsun Lane, much of the lower
portions of these two lots are covered in native sage brush and most of the grades
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
1
Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment
December 20, 2005 Planning & Zoning Commission meeting Page 4 of 9
equal or exceed 40% slope on the lower portions below the existing homes. After
review of one of the original address maps for the Wildridge PUD, it appears that
access from either Longsun Lane or Wildridge Road East was contemplated for both
properties.
PUD Design Criteria
According to the Town of Avon Zoning Code, Section 17.20.110 (h), the following shall
be used as the principal criteria in evaluating a PUD Amendment application. It shall be
the burden of the applicant to demonstrate that submittal material and the proposed
development plan comply with each of the following design criteria, or demonstrate that
one or more of them is not applicable, or that a particular development solution is
consistent with the public interest. Conformance with the Town of Avon Comprehensive
Plan Goals and Objectives.
The fundamental reason for having a Comprehensive Plan is to communicate where
and how land uses may and will occur in the Town. The land use plan is based upon
these goals and polices. Implementation is through annexation, subdivision and zoning
regulations.
This proposed PUD Amendment satisfactorily complies with some of the policies, but
fails compliance with the following goals and polices of the Town Comprehensive Plan:
Policy A1.3 Flexible zoning such as PUD should be encouraged where it
results in more effective use of land. However, such flexible
zoning will only be allowed where it provides a benefit to the
community and is compatible with surrounding development.
Variations from standard zoning must be clearly
demonstrated, and will be permitted only as needed to achieve
effective development.
The applicant states that the proposal would be beneficial to the
neighborhood as a whole and compatible with the surrounding
development. While staff agrees that the proposed development
would generally be compatible with surrounding development in
terms of density and construction type, it is difficult to find a benefit
to the community with this zoning amendment.
Policy A1.6 Land for open space should be preserved throughout the
community, particularly on steep slopes and other
environmentally sensitive areas.
The Wildridge PUD created a residential subdivision that focused
on the preservation of open space, and avoidance of development
on steep slopes and natural drainage patterns. By maintaining the
existing development rights, there is greater opportunity to create
larger contiguous areas of undisturbed natural area with the
potential of enhancing the existing open space in the area.
Immediately south of the proposed Lot 44B is Tract L, an
undeveloped 32 acre parcel of land. It may be more appropriate to
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
0
Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment
December 20, 2005 Planning & Zoning Commission meeting Page 5 of 9
further develop the upper portions of Lot 44 and 45 in order to
maintain larger areas of contiguous open space within Wildridge.
Policy A3.7 Steep slopes in and around the community should be
designated and preserved as open space wherever possible.
There are significant steep slopes on the lower portions of Lot 44
and Lot 45. It appears that when the two subject lots were platted,
site access was contemplated from either above (Longsun Lane) or
below (Wildridge Road East), not both directions. A large portion of
the subject property contains slopes in excess of 40 %. Of
particular concern are the 40% slopes within the proposed building
envelope. Staff believes that the steep slopes on the lower portions
of Lots 44 and 45 should be preserved in their natural state. Some
of the grades exceed 55 %.
Policy C1.1 Maintain and enhance the character of the residential
neighborhoods of the Town.
Because of the diversity of housing types within the immediate
area, both the proposed single- family and multifamily developments
would be compatible with the character of the surrounding
neighborhood. Maintaining as much open space could help
maintain the natural character of Wildridge and the original
intentions of the subdivision.
Goal C1 Provide for diverse, quality housing to serve all economic
segments and age groups of the population.
The available mix of dwelling types in Wildridge has continually
changed as a result of the market demand for single- family
residences. Several PUD Amendments have been approved
recently to provide even more single- family residences. Staff would
contend that while there may be less demand currently for duplex
type housing arrangements, the long term demand for housing
types may shift and Wildridge was platted with a variety of dwelling
types to serve a diverse housing market.
Policy F1.2 Development shall not be allowed on steep hillside areas
vulnerable to environmental and visual degradation.
Staff contends that additional "degradation" would be experienced
with the proposed development layout.
1. Conformity and compliance with the overall design theme of the town, the
sub -area design recommendations and design guidelines of the Town.
The application appears to conflict with some of the requirements of the Residential
Design Guidelines. Specifically with respect to the site grading, retention, and
disturbance required to construct an additional single - family residence and
associated driveway in place of adding dwelling units onto the existing single - family
residences.
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
E
Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment
December 20, 2005 Planning & Zoning Commission meeting Page 6 of 9
The Residential Design Guidelines state "where no development has been identified,
construction shall at a minimum avoid: all drainage and utility easements,
development setbacks, areas over 30% in slope, and unique and sensitive natural
site features." Significant areas of site disturbance are required to access the
proposed Lot (44B) in areas that are over 30% slope.
This application also proposes to vacate and cross an existing sewer line easement.
The logistics of vacating this easement may be difficult with the excavation required
for the proposed driveway location in relation to the sewer line which runs down to
Wildridge Road East. This application proposes to vacate a 20' width Utility and
Drainage Easement which currently bisects the new proposed lot. The finished
grading around existing development on Lot 44 and Lot 45 appears to direct
drainage towards this easement. Staff does not advise the vacation of this drainage
easement.
2. Design compatibility with the immediate environment, neighborhood, and
adjacent properties relative to architectural design, scale, bulk, building
height, buffer zones, character, and orientation.
With the proposed building envelope, the architectural design or bulk of a potential
home is unknown. The platted building envelope is generous in size and it appears
that over half would not be considered 'Buildable Area' per the Municipal Code. The
Municipal Code defines 'Buildable Area' as "the area of any site which does not
contain land ... in excess of forty percent (40 %) slope." The design of the building
and site would be governed by the Residential Design Review Guidelines.
The applicant has stated that construction of duplex residences would have a far
greater negative impact on the existing site conditions and adjoining parcels that this
application would create with a separated single - family home. While this application
would create an additional buffer between existing adjacent developments on
Longsun lane, that should not be a basis for approval.
3. Uses, activity, and density provide a compatible, efficient, and workable
relationship with surrounding uses and activity.
An additional single - family residence would be a compatible use with development
and density in the area.
4. Identification and mitigation or avoidance of natural and /or geologic hazards
that affect the property upon which the PUD is proposed.
The application does not appear to negatively affect a known geologic hazard, and
staff does not anticipate any hazards. A soils report would be required at building
permit to ensure a buildable property.
5. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
The site plan and location of the proposed building envelope appear far less
responsive to the natural features of the existing topography, as opposed to building
onto the existing single - family homes. It could be argued that the overall aesthetic
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
M
Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment
December 20, 2005 Planning & Zoning Commission meeting Page 7 of 9
qualities of this area of Wildridge would be negatively affected if this PUD
Amendment were approved. The proposed building envelope does not respond to
the excessive grades of the existing topography. The building envelope appears to
be driven by the required access design which is limited.
6. A circulation system designed for both vehicles and pedestrians addressing
on and off site traffic circulation that is compatible with the Town
Transportation Plan.
The vehicle access proposed for Lot 44B, albeit a preliminary sketch design, would
not meet town standards for a perpendicular 20' approach to a public way. In order
for vehicles leaving this proposed site to view upward approaching cars from
Wildridge Road East, a perpendicular access is preferred by Town staff. A
perpendicular access would likely cause more site disturbance.
7. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
The landscaping will be reviewed through the design process should the PUD be
approved. A new single - family lot development would increase the site grading,
retention, and disturbance resulting in less natural area (or open space). This may
affect the aesthetic qualities that exist with current open space patterns. Connecting
from the bottom of Lots 44 and 45 directly across Wildridge Road East is Tract L,
which is an integral 32 acre tract of open space platted with the original Wildridge
subdivision.
8. Phasing plan or subdivision plan that will maintain a workable, functional, and
efficient relationship throughout the development of the PUD. The phasing
plan shall clearly demonstrate that each phase can be workable, functional
and efficient without relying upon completion of future project phases.
The PUD amendment application is predicated on approval of a preliminary
subdivision plan, which has been submitted in conjunction with the application for
review by Town Council. It is important to track these two processes together in
order to ensure a workable, functional development.
Subdivision requirements must be tied to PUD approvals. If this application was
approved and the subdivision process moved forward, there would be several issues
that would need to be resolved prior to a final plat submittal.
9. Adequacy of public services such as sewer, water, schools, transportation
systems, roads, parks, and police and fire protection.
Adequate facilities are available to service the proposal and the applicant is
requesting no extension to municipal services. One technical difficulty identified with
this proposal is the existing sewer line which runs from the existing log home on Lot
44 and underneath the proposed driveway (Lot 44B) and required retaining wall. In
order to meet the Upper Eagle River Water Authority's requirements for sewer lines,
additional excavation and disturbance would likely be required to construct the
proposed driveway.
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment
December 20, 2005 Planning & Zoning Commission meeting Page 8 of 9
As part of the subdivision process and prior to a final plat, a sign off from all involved
utility companies would be required to proceed with the proposed development.
10.That the existing streets and roads are suitable and adequate to carry
anticipated traffic within the proposed PUD and in the vicinity of the proposed
PUD.
The proposal complies with capacities originally contemplated in the first Wildridge
PUD approval. An additional curb cut would be required on Wildridge Road East.
Staff has continually discouraged additional curb cuts wherever possible.
11. Development Standards
Development standards have been submitted for the PUD Amendment and
summarized within this staff report. The 25' height requirement for the rear portions
of a home would be unique to this property.
12.That the PUD or amendment to PUD requested provides evidence of
substantial compliance with the following public purpose provisions, as
outlined in Section 17.28.085 of the Avon Municipal Code, as follows:
A. The application demonstrates a public purpose which the current zoning
entitlements cannot achieve.
It is questionable whether this application demonstrates a public purpose which
the current zoning entitlements cannot achieve. The applicant has stated that
the amendment "would be a benefit for the neighborhood as a whole." While
there has been a tolerance for reduced densities in the Wildridge PUD in recent
years, all of the previous amendments were contemplated prior to any
development on the subject lots, allowing for a greater chance to design a plan
that minimizes site disturbances required.
B. Approval of the zoning application provides long term economic, cultural
or social community benefits that are equal to or greater than potential
adverse impacts as a result of the changed zoning rights.
Staff believes that this application directly conflicts with this approval criteria.
Losing additional open space resulting from additional site disturbance could
outweigh the benefits of keeping development on the upper portions of Lots 44
and 45 as currently entitled. There are no apparent economic, cultural, or social
benefits anticipated if this application were approved.
C. The flexibility afforded in approval of the zoning application will result in
better siting of the development, preserving valued environmental and
cultural resources, and increasing the amount of public benefit consistent
with the community master plan documents.
As stated throughout the report, better siting of development could be achieved if
the properties were developed as duplexes.
Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749
Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment
December 20, 2005 Planning & Zoning Commission meeting Page 9 of 9
Recommended Motion
"I move to approve Resolution 05-14, recommending to the Town Council to
deny the PUD Amendment and Preliminary Plan for Lots 44 & 45, Block 4,
Wildridge Subdivision, Town of Avon, Eagle County, Colorado, as more
specifically described in the application dated November 11, 2005."
If you have any questions regarding this project or any planning matter, please call me
at 748-4413, or stop by the Community Development Department.
Respectfully su ed,
ctfu"Y su
Matt Pielsti
Planner I
Report Attachments:
A. PUD Application dated November 11, 2005
B. Resolution 05-14
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
1201 .NT I W103841 , .. • •� • -- : - • �� •
The intent of this application is to reduce the overall density on the combined area of Lots
44 & 45, Block 4, Wildridge, by amending the current configuration from two duplex lots
(allowing for four units total) to three single- family residential lots. Currently there are
single residences on each of Lots 44 & 45. Due to the size of these lots, and current
structure locations, the construction of the additional residences to create duplex
structures is possible. In fact, the owner of Lot 45 already has construction plans for such
a structure, and the owner of Lot 44 has begun the same. However, the owners of these
lots have decided to apply for this amendment first, as they feel it provides a far better
use of the available properties.
The construction of the duplex residences would have a far greater negative impact on the
existing site conditions and adjoining parcels than this application would create. Because
of the close proximity of the existing residences adjoining Lots 44 & 45, the new
construction would greatly affect their views and privacy. The proposed homesite
location is much further away from these residences, and would not impact their existing
views. The proposed newly created parcel would have a building envelope which would
not only restrict the residence's location, but also its height. In addition to the existing
height limitations, an additional restriction of allowing it to not exceed 25' in height on
the uphill side will be implemented. The proposed homesite location would be below the
view plane of the existing residences on Longsun Lane and would not have a negative
impact on the neighborhood. There are no restrictions on Lots 44 & 45 that would not
allow construction in the proposed location. It is already a viable homesite location.
The new parcel would access off of Wildridge Road East. The proposed access point is in
a straight section of roadway, with clear visibility in either direction. The site naturally
has a good access point which would allow for a smooth transition onto the site with
minimal disturbance. The existing grades from Wildridge Road East to the homesite
provide for the construction of a driveway that would at most require a 2' to 4' retaining
wall along one side, and be at natural grade on the other. The grade and construction of
the access drive would be well within current town guidelines. By accessing this single -
family residence from Wildridge Road East, instead of the possible two duplex structures,
would result in a decrease in both construction and residential traffic on Longsun Lane.
The availability of access to the lot from Wildridge Road East is already an existing
permitted condition.
This proposal is consistent with other parcels in the neighborhood which have received
approval for similar applications. There is a trend in this part of Wildridge towards more
expensive, higher quality residences. Reduction of density is seen favorably by the
residents. The spacing of residences this would provide is far more visually appealing
than if there were duplex structures lined up for four lots in a row, with only 20' between
them.
This request for amendment is congruent with recent approvals, has no obvious negative
impacts, and would be a benefit for the neighborhood as a whole.
gy
EXHIBIT F
Town of Avon Planning & Zoning Commission Meeting
V O K Minutes
C 0 L 0 R A D 0 December 20, 2005
Joint Work Session with Avon Town Council
■ Lot C PUD Amendment
The Joint Work Session began at 4:40 pm with each member of Town Council in
attendance, and Commissioners Smith, Commissioner Struve, and Commissioner Green of the
Avon Planning and Zoning Commission. Ruth Borne, representing Starwood, and Aleksandr
Sheykhet of Obermeier Sheykhet Architecture, provided the presentation.
Discussion items included:
• Timeshare and room rates, and industry standards
• Occupants use of commercial/retail
o Lot 4
• Parking and parking approaches
• Phase 1 D footprint
• Property tax assessments versus square footage
• Entitlements
• Heights and massing on primary portions of project
• Review and evaluation of proposed changes versus the original PUD
1. Call to Order
The meeting was called to order at 5:50 pm.
Il. Roll Call
All Commissioners were in attendance with the exception of Commissioner Savage and
Commissioner Buckner.
Ill. Additions and Amendments to the Agenda
There were no additions and amendments to the Agenda.
IV. Conflicts of Interest
There were no conflicts of interest to report.
V. Consent Agenda:
■ Approval of the December 6, 2005, Planning & Zoning Commission Meeting Minutes
has been moved to the January 3rd, 2006, Meeting due to lack of quorum at this
meeting.
For the record, Commissioner Green brought to the attention of the Commission his
involvement with a subsidiary organization of East West Partners in order to clarify any potential
conflict of interest that may arise. Commissioner Evans revealed a contract with East West
Partners for the Beaver Creek Landing and the lack of potential for the upper gondola to be
rolled into the Confluence project.
M-
VI. PUD Amendment / Confluence -.CONTINUED PUBLIC HEARING
Property Location: Confluence/95 Avon Road
Applicant East West Resorts /Owner. Vail Associates
Description: A request for an amendment to the Confluence PUD to modify the existing
development rights and zoning for the entire property. This application proposes a hotel, retail
plaza, high-speed public gondola, condominiums, and fractional ownership residential units.
This item is tabled until the January 3, 2006 Planning and Zoning Commission meeting.
OPEN PUBLIC HEARING
Eric Heidemann advised the Commission of the need to table this agenda item to the January
3rd, 2006 meeting since the applicant was unable to submit the Development Plan in time for
Staff review to take place.
CLOSED PUBLIC HEARING
Commissioner Smith motioned to table Item VI, PUD Amendment / Confluence Property
Location: Confluence/95 Avon Road, Applicant East West Resorts / Owner. Vail Associates,
with Commissioner Struve seconding the motion. All commissioners were in favor and the
motion passed 5 — 0.
VII. PUD Amendment / Wildridge - PUBLIC HEARING
Property Location: Lot 44 & 45, Block 4, Wildridge Subdivision / 5123 & 5129 Longsun
Lane
Applicant: Sam Ecker /Owners: Sam Ecker, Bruce & Susan Baca
Description: A request for an amendment to the Wildridge PUD to allow for three (detached)
single-family residences in place of a two duplex structures. This amendment would
permanently reduce the density for the properties by one dwelling unit. A new lot would be
created for the third single-family residence and the vehicular access to the new lot would be
accessed from Wildridge Road East. Also being reviewed is a Preliminary Subdivision
application.
Matt Pielsticker presented the Staff Report to the Commission.
Sam Ecker took his place at the podium and presented the Commission with a full size plan set
for their review while he revealed the history of the project. Mr. Ecker than discussed the issues
presented in the Staff Report.
Commissioner Green questioned the vacation of the property line and commented that a 40%
slope is discouraged but not un-allowed. Commissioner Struve commented on the Lot 44B
driveway alignment to the buildable site and commented that the Dry Creek and Western Sage
PUD's were to downsize triplex lots. Commissioner Green questioned access and
Commissioner D'Agostino commented that a more restrictive setback lot would be created.
OPEN PUBLIC HEARING
There were no comments offered from the Public.
CLOSED PUBLIC HEARING
N
Commissioner review began with Commissioner D'Agostino's concern for drainage on 3 sides,
the need for clarification of setbacks, appreciated the research presented on the utilities and its
easements and voiced a low concern regarding the driveway. Commissioner D'Agostino
agreed with Staff that this application would set a precedent.
Commissioner Smith voiced site concerns with subdivision of the lot in this manner and its site
disturbance as well as driveway issues. Commissioner Struve commented on the need to limit
square footage, present a drainage study, and restrict the positioning on the lot created.
Commissioner Green wasn't concerned about recreating as a duplex lot, discussed drainage,
and a need for serious consideration to the building envelope. Commissioner Evans expressed
that a pro side was the home would benefit the adjacent property owner on Lot 44A. He
continued with the con items; the homeowners on Longsun Lane chose to build on upside of
lots, no reduction of density, a precedent would be set since a downzone has never been done
in this manner and it is not in the best interests of Avon or Wildridge.
Commissioner Evans commented to Mr. Ecker that the role Planning and Zoning Commission
plays is not a final ruling or voice for Avon Town Council. He continued that Town Council is the
deciding body on this project and typically not in support of rezoning.
Commissioner Smith motioned to approve the denial as presented by Staff of Item VII, PUD
Amendment / Wildridge, Property Location: Lot 44 & 45, Block 4, Wildridge Subdivision / 5123 &
5129 Longsun Lane, with Commissioner Struve seconding the motion. The motion passed 5 —
0 with all Commissioners in favor.
V11111. Sketch Design • Duplex
Property Location: Lot 10, Block 3, Wildridge Subdvision/401 0 Wildridge Road West
Applicant/ Owner. Daniel Ritsch
Description: The applicant is proposing a 9,400 square foot duplex residence on the subject
property. The property is a relatively steep uphill lot located at the intersection of Bear Trap and
Wildridge Road. The proposed materials include stone veneer, cedar siding, and asphalt
shingles.
Eric Heidemann presented the Staff Report.
Daniel Ritsch approached the podium and gave history of the architects on this project and that
retaining walls would be necessary for the driveway. Stuart Brummett came to the podium as
the new architect for the project to discuss parking issues, vehicle turning radius problem, and
the retaining walls.
Commissioner comments began with Commissioner D'Agostino suggesting moving the house
down, and the parking and turn around issues. Commissioner Evans commented that the
architecture was vastly improved, suggested pines as buffers to the retaining walls, and
continued review of the site. Commissioner Green commended Mr. Brummett on the
positioning of the project, along with the rusting steel and the buffer was good, and questioned
landscaping and the revegetation of the site.
Commissioner Struve voiced appreciation for the architecture, the need to address drainage
issues, the driveway and its spaces, and landscaping concerns. Commissioner Smith
expressed the difficulty of the lot and that the corrugated metal siding was too much.
N
Commissioner D'Agostino recognized the difficulty of the lot and looked forward to the
development of its detail.
Mr. Brummett asked of the Commission the required number of parking spaces and
Commissioner Green responded that it was fine as presented.
No motion necessary as this is a sketch review.
IX. Sign Design - Master Sign Program Amendment
Property Location: Lot 68, Block 1, Benchmark at Beaver Creek/1 11 Swift Gulch Road
ApplicantlOwner. George Roberts
Description: The Master Sign Program (MSP) for the Petro-Hut building was approved on May
20, 2003. This application proposes an additional building mounted sign on the east side of the
building (facing the 1-70 off ramp) and a larger monument sign. The originally approved
monument sign was never constructed and this application proposes to enlarge this specific
sign.
Matt Pielsticker presented the Staff Report. He continued that a new tenant desired more
exposure and the Conoco Corporation has a new design look to instate.
Commissioner Struve expressed the need for a site visit. Commissioner Smith questioned the
additional two feet to the monument sign. Commissioner Green asked for a better site plan that
included landscaping. Commissioner Evans agreed that a site visit would be beneficial to the
Commission.
Commissioner Struve motioned to table Item IX, Sign Design - Master Sign Program
Amendment, Property Location: Lot 68, Block 1, Benchmark at Beaver Creek/1 11 Swift Gulch
Road, until January 3, 2005, for a site visit with the monument designation and size in place for
Commissioner review. Commissioner Smith seconded the motion and the motion passed with
all Commissioners in favor of the site visit.
XI. Other Business
A. Wildridge Park Improvements — Eric Heidemann provided the Commission with
details of the improvements.
B. Commissioner Green commented that three-dimensional plans and/or models should
be provided for such projects as Lot C and the Main Street Plan.
C. Commissioner Struve suggested a sketch up of the Town of Avon be acquired from
Design Workshop
Vill. Adjourn
Commissioner Struve motioned to adjourn. All Commissioners were in favor. The meeting was
adjourned at 8:05 pm.
Respectfully submitted,
Ruth Weiss
Recording Secretary
a
Chris Evans
Chairman
Phil Struve
Secretary
IN
Gore Range
Surveying, LLC
12/30/05
Avon Town Council
Mayor Ron Wolfe
10,400 11691VIM
Re: PUD Amendment Lots 44 & 45, Block 4, Wildridge
Dear Sir,
At this time I would like to request a tabling of this application at the hearing on January
10, 2006 to move it to the January 24, 2006 meeting of the Avon Town Council. I am
making this request so as to allow time to adequately prepare for the meeting. Due to
both work and family obligations for the property owners during the holiday period
between the initial meeting with the Planning Commission and the scheduled Council
meeting, I have not been able to thoroughly review and respond to the comments and
suggestions of the Commission. The additional time will allow for me to consult all
owners and properly address these issues before the Council.
Sincerely,
Sam Ecker
Representing the owners of Lots 44 & 45, Block 4, Wildridge
RECEIVED
P.O. Box 15 Avon, CO 81620 (970) 479 -8698 (970) 479 -0055 fax
i' • 1
TO: TOWN COUNCIL
i'
RE: THE GATES
DATE: January 19, 2006
Ordinance 05 -12, finally adopted December 13, 2005, approved an amendment to
the Chateau St. Claire Planned Unit Development upon the application of CSC Land, LLC, the
effective date thereof to be January 10, 2006, on certain conditions including 1) receipt by the
Town of proof of funding of a loan by U.S. Bank in at least the amount of $36,179,397 and 2) the
funding to include a completion bond running in favor of the lender. Proof of funding in the form
of a copy of a deed of trust recorded in Eagle County was received prior to the Council meeting on
January 10, 2006. However, such funding included a completion bond only as a condition to a
future disbursement by US Bank, which disbursement is anticipated to occur in February, 2006.
Therefore, the Council was unable on January 10 to make a finding, by resolution, that Ordinance
05 -12 had become effective.
Council therefore adopted Ordinance No. 06 -02 on first reading on January 10.
That ordinance amends Ordinance 05 -12 to make approval of the Chateau St. Claire PUD
immediately effective but to prohibit any new construction until the Town receives a completion
bond which has been approved by the lender. The ordinance also provides that, if that condition is
not met by April 27, the ordinance and all approvals contained in it shall be no further force and
effect and the building permit shall be void.
At this time there has been no further contact with CSC Land or its attorney. When
and if the condition is met, Council will be advised.
JWD:ipse
TOWN OF AVON, COLORADO
ORDINANCE NO. 06 -02
Series of 2006
AN ORDINANCE AMENDING ORDINANCE NO 05 -12, RELATING TO THE
CHATEAU ST. CLAIRE PLANNED UNIT DEVELOPMENT
WHEREAS, Ordinance 05 -12, finally adopted December 13, 2005,
approved an amendment to the Chateau St. Claire Planned Unit Development upon the
application of CSC Land, LLC, the effective date thereof to be January 10, 2006, on
certain conditions including 1) receipt by the Town of proof of funding of a loan by U.S.
Bank in at least the amount of $36,179,397 and 2) funding to include a completion bond
running in favor of the lender, U.S. Bank; and
WHREAS, proof of funding in the form of a recorded mortgage or deed of
trust has been received; and
WHEREAS, such funding includes a completion bond only as a condition
to a future disbursement by US Bank, which disbursement is anticipated to occur in
February, 2006;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO that the amendment to the Chateau St. Claire
Planned Unit Development and Ordinance 04 -20, as more specifically described in the
application dated October 11, 2005, is hereby approved, subject to the following
conditions:
1. The Amended and Restated Development Agreement for The Gates on
Beaver Creek, the form of which is attached as Exhibit A to Ordinance No. 05 -12, which
form has been approved by the Town Attorney, shall be signed and filed in the records of
the Town.
2. The Employee Housing Impact Fee collected is fully dedicated to the
Town irrespective of the project outcome; however, should the applicant seek an increase
in density or future amendment to the PUD allowed uses, an new Impact Fee will be
assessed;
3. In no event will the building permit or construction schedule be
extended past December 14, 2008; and
4. No new construction shall occur under the permit until the Town is in
receipt of proof of the receipt and approval by US Bank of a completion (or a payment
and performance) bond covering the construction of all improvements described in the
plans filed with the Town, such proof to be in the form of receipt of a copy of the bond
together with a written confirmation by the Bank of its approval of it.
5. Upon failure of the condition contained in paragraph 4 hereof on or
before April 27, 2006, this Ordinance and all approvals contained in it shall be of no
further force and effect and the building permit shall be void.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 10th day of January, 2006, and a public hearing on this ordinance shall
be held at the regular meeting of the Town Council on the 24th day of January, 2006, at 5:30
P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,
Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 06 -02 the Gates
Page 2 of 3
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the 24th day of January, 2006.
Ronald C. Wolfe, Mayor
.I
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
Ordinance No. 06 -02 the Gates
Page 3 of 3
L -.ire e1iin
To: Honorable Mayor and Town Council
Thru: Lamy Brooks, Town Manager
From: Tambi Katieb, Community Develop m irect
Eric Heidemann, Senior Planner
Date: January 19, 2006
Re: First Reading of Ordinance 06 -03, Riverfront Subdivision Planned Unit
Development ( "PUD ") Application, Amendment to the 1998 Confluence
PUD (PUBLIC FEARING)
Summary:
East West Partners, represented by Chuck Madison, have submitted this application to amend
the Confluence Planned Unit Development ( "PUD" ). The 18.9 acre parcel is currently
undeveloped and has historically been used as a surface parking lot and construction staging
area. The site is bounded to the south by the Eagle River, to the east by Avon Road, to the
north by the railroad right -of -way, and to the west by the Eagle River Water & Sanitation
District.
As proposed the project would include a Westin hotel, retail plaza, high -speed public gondola
to Beaver Creek Landing, condominiums, and fractional ownership residential units. The
project would occur in multiple phases based on the proposed build -out and economic
modeling provided by the applicant. Features of the proposed amendment include a high
speed public gondola, a circulation system that includes two at grade crossings for pedestrian
and vehicular connection to the Town Core, and a linear multi purpose trail or river park that
is deeded to the Town as open space.
The specific land use proposal is discussed in exhaustive detail in the attached Planning &
Zoning Commission reports, which also include a history of the property, and in the
application narrative itself. Also included in these packets are referral agent and public
comments received to date on the proposal. A physical and digital massing model of the
proposal will be available at hearing.
Both staff and the applicant will provide you with a summary of the application, how the
application has been refined as a result of the Planning & Zoning Commission hearings over
the last six months, and what the forwarded conditions of approval represent or are intended to
achieve. Accompanying the PUD application are a preliminary subdivision and subdivision
variance application, both of which will be separately presented and reviewed with Council by
the Town Engineer. The subdivision applications will establish final lot, road and trail
boundaries and locations.
Both staff and the Planning & Zoning Commission have forwarded a recommendation of
Conditional Approval to Town Council. Of these conditions, please note that site specific
architectural design standards are proposed to be reviewed and forwarded by the Commission
to Council to be incorporated into the PUD Development Plan prior to any final action on the
application itself.
Previous Council Action:
The current PUD entitlements and existing development agreement for the Confluence were
approved in 1998. At that time, Town Council considered a number of exactions and rebates
on the basis of a different land use plan and proposal by Vail Resorts. This application, while
working under the density vested to the property, is proposed as a significantly different PUD
application that is more specifically described in the attached staff reports.
Background:
The application has been under review for six months at the Planning & Zoning Commission,
and was preceded by several months of pre - application discussion between staff and the
applicant. As a result of the deliberation and discussion between the Commission, applicant
and staff, refinements have been made in the application over the original submittal in August
of 2005. These refinements are reflected in the updated application binders that have been
distributed to Town Council.
Staff has also included a memo submitted by the Town attorney summarizing the status of
financial considerations and business points under discussion for the revised development
agreement. However, the final vesting and financial considerations with respect to funding for
the project are subject to Council review and approval.
Financial Implications:
There are a number of considerations you will be asked to review as part of the revised PUD
application, including the financial implications prepared by our financial consultant of a
revised land use plan and a development agreement.
Staff is recommending, however, that the focus of the first hearing be the land use proposal
itself, and not the financial implications of the project - including the request for public
partnership in construction of capital improvements.
The Town manager, finance director, and Town financial consultant, Stan Bernstein, will
present the financial details, economic model and review of the impacts of the land use
proposal on the Town at your second meeting.
Ordinance 06 -03, Westin Riverfront Resort & Spa, Amendment to the 1998 Confluence PUD
Town Council January 24, 2006 Regular Meeting (PUBLIC HEARING)
N
Staff Recommendation:
Considering the immense amount of material to review in order to better understand the
proposal, it is recommended that you table the application on first reading after deliberation
and discussion.
Both staff and the applicant will review and summarize the land use proposal at this first
reading, however we anticipate that Council will require more time to sufficiently understand
the application before rendering any final action.
Staff also recommends that you open the public hearing at first reading, allowing the public to
comment on the proposal throughout the process, prior to tabling the application to your next
regularly scheduled meeting on February 14, 2006.
Town Manager Comments:
Attachments:
A: Ordinance 06 -03 Recommending Conditional Approval of the PUD Amendment
B: Application for Amendment to the Confluence PUD submitted by East West Resorts,
updated January 17, 2006
C: Planning & Zoning Commission Application Review and Background Information (inc.
January 17, 2006, November 15, 2005, November 1, 2005, and October 18, 2005 staff
reports and all attachments and Planning & Zoning Commission Resolution 06 -01
recommending conditional approval of the application)
Ordinance 06 -03, Westin Riverfront Resort & Spa, Amendment to the 1998 Confluence PUD
Town Council January 24, 2006 Regular Meeting (PUBLIC HEARING)
N
ORDINANCE NO. 06-03
SERIES OF 2006
AN ORDINANCE APPROVING AN AMENDMENT TO THE
CONFLUENCE PLANNED UNIT DEVELOPMENT (PUD),
TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, East West Partners Inc. has filed an application to amend the existing
Planned Unit Development ("PUD") and Development Agreement for the Confluence PUD as
more specifically described in the application dated August 8, 2005; and
WHEREAS, the proper posting, publication and public notices for the hearings before
the Planning & Zoning Commission of the Town of Avon were provided as required by law; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public
hearing on October 18th, November I", November 15th, December 6t, and December 201h of
2005 and January 17th, 2006, at which time the applicant and the public were given an
opportunity to express their opinions and present certain information and reports regarding the
proposed PUD Amendment; and
WHEREAS, following such public hearings, the Planning & Zoning Commission
forwarded its recommendation for conditional approval on the PUD amendment application to
the Town Council of the Town of Avon through Resolution 06-01; and
WHEREAS, after notices provided by law, this Council held a public hearing on the
day of 1 2006, at which time the public was given an opportunity to
express their opinions regarding the proposed PUD Development Plan; and
WHEREAS, based upon the evidence, testimony, exhibits, and a study of the
Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds said
application appears to comply with the following PUD review criteria set forth in Section
17.12.110 of the Avon Municipal Code, including the following:
M
1. Conformance with the Town of Avon Comprehensive Plan's and Town
Center Implementation Plan Goals and Policies as required by 17.20.110H
(1);
2. The overall design concept of this PUD Amendment conforms to the
design theme of the Town, and Design Guidelines as required by
17.20.11 OH(2);
3. The project is compatible with the immediate scale and character of
existing properties in the vicinity. 17.20.1 lOH(3);
4. This PUD Amendment application is responsive and compatible to the
existing surrounding land -uses. 17.20.1 lOH (4);
5. The PUD Amendment application has identified and proposes to mitigate
or avoid natural or geologic features. 17.20.11014 (5);
6. The site plan, building design and location and open space provisions are
designed to produce a functional development responsive and sensitive to
natural features, vegetation and overall aesthetic quality of the community.
17.20.110H (6);
7. The circulation system is designed for both vehicles and pedestrians
addressing on and off site traffic circulation that is compatible with the
Town Transportation Plan. 17.20.11 OH (7);
8. This PUD Amendment application has created functional open space that
is responsive to existing views and buffers to open space. 17.20.11OH(8);
9. The subdivision plan will maintain a workable, functional, and efficient
relationship throughout the development of the PUD. The phasing plan
shall clearly demonstrate that each phase can be workable, functional and
efficient without relying upon completion of future project phases.
17.20.11 OH (9);
10. Adequacy of public services such as sewer, water, schools, transportation
systems, roads, parks, and police and fire protection has been established.
17.20.11OH (10);
11. The existing streets and roads are suitable and adequate to carry
anticipated traffic within the proposed PUD and in the vicinity of the
proposed PUD. 17.20.11 OH (11); and
I
WHEREAS, this PUD Amendment provides evidence of compliance with the public
purpose provisions outlined in Section 17.28.085 of the Municipal Code.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
The Amendment to the Confluence PUD to as more specifically described in the application
dated August 5, 2005 is hereby approved, subject to the following conditions:
1. Required revisions to the Development Plan:
A. Delete General Notes 7a, 7b, and 7c, and revise as follows: "A fifty -five (55) foot
view corridor through the public plaza adjacent to the proposed hotel as presented
on the development plan and the final plat for the Riverfront Subdivision shall
remain unobstructed from the ground level upwards, with the exception of the
gondola terminal. Minor encroachments such as awnings, landscaping, overhangs,
decks and railings shall be reviewed and may be approved through the design
review approval process ".
B. Delete General Note #1 and revise as follows: Professional offices, including real
estate offices, shall be limited to the two locations on the public plaza as depicted
to the Planning and Zoning Commission January 17, 2006. A temporary
timeshare sales office will be permitted in the hotel and must be vacated within
thirty (30) days of issuance of Temporary Certificate of Occupancy for Building E
(Lot 3). No other plaza level spaces are permitted for use by professional and
general office, including financial institutions and real estate offices or residential
units.
C. Add the following general note: "This PUD Plan contains the development
standards and uses for the Riverfront PUD. Other uses and provisions of the Town
of Avon Zoning Code not specifically addressed herein, or in the related
development agreement, shall apply to the Riverfront PUD."
D. Add the following note: A solar access study showing the effects of shading on
adjacent buildings and outdoor spaces is required for all proposed buildings
exceeding 3 stories in height. Sun studies should be prepared on a site plan of a
8
scale not less than 1 " =40' showing shadows at 10 am and 3pm on March 21, June
21, September 21, and December 21.
E. The maximum building height shall be as follows:
i. Hotel, Timeshare and Whole Ownership- as depicted on Land Use Table
of PUD Development Plan dated January 12, 2006.
ii. In all instances, the maximum allowable percentage of a building ridgeline
to be at or near the maximum height shall be governed by the more
restrictive criteria of the Riverfront Design Standards and the Town of
Avon Design Review Guidelines.
F. Final approval of this PUD Development plan is conditioned upon approval of
site - specific design standards ( "Riverfront Design Standards ") by the Planning
and Zoning Commission and Town Council, incorporated on the PUD
Development Plan and recorded at the time of approval of the PUD. The criteria,
at a minimum, shall include design elements as outlined in Exhibit A to
Resolution 06 -01.
2. Parking Conditions:
A. Delete General Note #8 and revise as follows: "A parking management plan,
generally consistent with recommendations outlined in the Walker Preliminary
Parking Operations Plan dated December 5, 2005 shall be submitted and, after
review and approval by the Zoning Administrator, be recorded as a covenant with
by issuance of Certificate of Occupancy. The approved plan shall not be changed
without notification of the Town, and shall be enforceable by the Zoning
Administrator ".
3. General Conditions:
A. Water Rights: The property owner shall convey to the Town the water rights
necessary to serve the approved development. Final water right determination
shall be resolved between the property owner and the Town prior to the recording
of a Final Plat.
N
B. Revise General Note #10 to add the following: Additional Commercial GLFA
exceeding the PUD maximum may be approved for restaurant, bars, cocktail
lounges and similar uses subject to a Special Review Use.
C. Revise General Note #12 to: Office space above but not on the public plaza level
may be converted to Residential /Lodging uses provided the maximum number of
Dwelling Units is not exceeded after such conversion. Required parking shall be
recalculated after taking into account such conversion and any excess parking
spaces may then be individually deeded.
D. The property owner shall submit a master landscaping and public plaza design
plan for Lots 1 -7, including Tract A, to be reviewed and approved by the Planning
and Zoning Commission prior to issuance of the first building permit for the hotel.
E. Tract "A" shall be deeded to the Town and zoned "Open Space, Landscaping and
Drainage" in accordance with section 17.20.120 of the Municipal Code prior to
the issuance of the first Certificate of Occupancy but no later than January 1,
2008.
F. The Affordable Housing requirement shall be determined by Council if amended
from the existing 10% requirement.
G. The property owner shall construct the proposed Westin Hotel or equivalent,
Public Plaza, and gondola as generally submitted in the August 3, 2005
application. Significant changes to the hotel brand or brand equivalent, public
plaza, conceptual architectural illustrations or conveyance to the Beaver Creek
Landing shall require a major amendment to the PUD.
H. A revised development agreement shall incorporate and reference the approved
PUD Development Plan, including all conditions of approval specified in
Planning and Zoning Commission Resolution 06 -01.
1. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in
public hearing(s) shall be adhered to and considered binding conditions of
approval.
I
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this _ day of , 2006, and a public hearing shall be held at the
regular meeting of the Town Council of the Town of Avon, Colorado, on the day of,
2006, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
Mayor
/_�IYIII�f.Yll�
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED the day of , 2006.
ATTEST:
Town Clerk
Town of Avon, Colorado
Town Council
Mayor
APPROVED AS TO
Town Attorney
Exhibit C
Planning and Zoning Commission
Background Information:
Attachments:
• January 17 m'20O6 Planning and Zoning Commission Staff Report;
• Planning and Zoning Commission Resolution UO-01;
• November 15 m ' 2005 Planning and Zoning COm0i8SiOO Staff RepOrt, exhibits,
and meeting minutes;
• November 1", 2005 Planning and Zoning Commission Staff Report, exhibits, and
meeting minutes;
• (]C[0ber 18 m . 2005 Planning and Zoning COrnrniSsioO Staff Report, exhibits, and
meeting minutes;
I
� J� L:4 11
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Matt Pielsticker, Planne
Date: January 19, 2006
Re: Resolution 06 -06, A Resolution Denying the Amendment to the Wildridge
Planned Unit Development (PUD) for Lots 44 and 45, Block 4, Wildridge
Subdivision, Town of Avon, Eagle County, Colorado
Summary:
Staff has reviewed and prepared the attached resolution for consideration by Council. The
proposed resolution is consistent with the Planning and Zoning Commission's
recommendation, and staffs recommendation for denial of this PUD Amendment application.
Recommendation: Approve Resolution No. 06 -06, a Resolution denying the
Amendment to the Wildridge Planned Unit Development (PUD) for Lots 44 and 45, Block 4,
Wildridge Subdivision, Town of Avon, Eagle County, Colorado
Proposed Motion: I move to approve Resolution No. 06 -06, a Resolution denying
the Amendment to the Wildridge Planned Unit Development (PUD) for Lots 44 and 45, Block
4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado
Town Manager Comments:
Attachments:
Exhibit A: Resolution 06 -06
F.\CounciI\MEMOS\20061Res 06 -06 L44 &45 B4 WR Ecker PUD Amend Denial.doc
SERIES OF 2006
A RESOLUTION DENYING THE AMENDMENT TO THE WILDRIDGE PLANNED
UNIT DEVELOPMENT (PUD) FOR LOT 44 AND LOT 45, BLOCK 4, WILDRIDGE
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Samuel Ecker, has applied for an amendment to the Wildridge PUD to permit
three (3) single - family lots on Lots 44 and 45, Block 4, Wildridge Subdivision, as more
specifically described in the application dated November 11, 2005; and
WHEREAS, after notices required by law, a public hearing on said application was held by
the Planning & Zoning Commission and unanimously recommended denial in Resolution 05-
14 on December 20, 2005; and
WHEREAS, the Planning & Zoning Commission determined that the application fails to
comply with the PUD review criteria as set forth in Section 17.20.110.
WHEREAS, said application fails to comply with the following Town of Avon
Comprehensive Plan's Policies, as required by section 17.20.110h(1) of the Avon Municipal
Code:
1. Policy A13 Flexible zoning such as PUD should be encouraged where it results in
more effective use of land. However, such flexible zoning will only be allowed where
it provides a benefit to the community and is compatible with surrounding
development. Variations from standard zoning must be clearly demonstrated, and will
be permitted only as needed to achieve effective development.
2. Policy A1.6 Land for open space should be preserved throughout the community,
particularly on steep slopes and other environmentally sensitive areas.
3. Policy A3.7 Steep slopes in and around the community should be designated and
preserved as open space wherever possible.
4. Policy F1.2 Development shall not be allowed on steep hillside areas vulnerable to
environmental and visual degradation.
5. Goal Cl. Provide for diverse, quality housing to serve all economic segments and age
groups of the population.
WHEREAS, this PUD Amendment fails to provide evidence of compliance with the public
purpose provisions outlined in Section 17.28.085 of the Municipal Code;
NOW, THEREFORE, BE IT RESOLVED, that the Avon Town Council hereby denies the
amendment of the Wildridge PUD, Lots 44 & 45, Block 4, Final Plat, Replat Number Two,
Wildridge Subdivision, application dated November 11, 2005
ADOPTED THIS DAY OF JANUARY 2006.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Mayor
Effiffl-W
Town Clerk
I N=
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Jeffrey Schneider, Engineer II
Date: January 13, 2006
Re: Resolution No. 06 -05 — A Resolution Denying Preliminary Subdivision Plan for a
Resubdivision of Lots 44 and 45, Block 4 Wildridge, Town of Avon, Eagle
County, Colorado (5123 & 5129 Longsun Lane) (Public Hearing)
Summary:
Samuel Ecker and Bruce and Susan Baca have submitted an application for a Preliminary
Subdivision Plan approval in conjunction with a PUD Amendment Application for Lot 44 &
45, Block 4, Wildridge (5123 & 5129 Longsun Lane). The proposed PUD Amendment
would convert two duplex lots to three single - family lots. The Amendment would
permanently reduce the density for the properties by one dwelling unit, and a new lot would
be created for the third single - family residence. The new parcel would be accessed from
Wildridge Road East as opposed to using one of two existing access points on Longsun Lane.
Following a public hearing, the Planning and Zoning Commission adopted Resolution No.
05 -14 recommending denial of the proposed P.U.D. application and Preliminary Plan at their
December 20, 2005 meeting.
Final action on the Preliminary Plan should correspond with final action on the
Proposed PUD Amendment. The proposed Preliminary Subdivision Plan Application
should be considered in conjunction with final action on the proposed PUD Application. If
Council approves on First Reading, Ordinance No. 06 -01, an Ordinance approving the
proposed PUD amendment, we recommend Council table action on this Resolution until
Second Reading of the Ordinance. If Council denies the proposed PUD Amendment by the
adoption of Resolution No. 06 -06 we recommend adoption of this Resolution to deny the
corresponding Preliminary Subdivision Plan. If Ordinance 06 -01 is approved on the first
reading, an amended Resolution will be prepared for approval of the Preliminary Subdivision
Plan. This Resolution 06 -01 is based upon the recommendation of the Planning and Zoning
Commission with respect to proposed PUD Amendment and Preliminary Subdivision Plan.
L \Engineering\ Subdivision \WildridgeAL44 &45B4WR Res 06 -05 Memo.Doc
Discussion:
The Preliminary Subdivision Plan for Lots 44 & 45, Block 4, Wildridge has been reviewed by
Town staff. The following comments are noted:
• Significant areas of site disturbance are required to access the proposed Lot (44B) in
areas that are over 30% slope;
• Staff does not advise vacation of the 20' wide Utility and Drainage Easement which
currently bisects the new proposed lot;
• There appears to be a conflict between the proposed driveway alignment/grading and
existing sewer service for Lot 44;
• Over half of the platted building envelope would not be considered `Buildable Area'
per Avon Mumcpal Code since the slope exceeds 40 %;
• Proposed vehicle access would not meet Town standards for a perpendicular 20'
approach to a public way. A perpendicular access would cause more site disturbance.
If Ordinance 06 -01 is approved, the following conditions must be met in order to gain
approval of the Preliminary Subdivision Plan:
• Vacation of the Utility and Drainage Easement will require written approval from all
applicable utility companies;
• Drainage and Easement plan will need to be submitted to address drainage from the
common easements;
• Access should be revised to include 20 feet perpendicular to the street;
• Resolve possible sewer line and driveway conflicts prior to Final Plat;
• Exclude areas of 40% or steeper slope from the proposed building envelope.
Recommendation: Based on Denial of Ordinance No. 06 -01- (Approval of
Resolution No. 06 -06)
Approve Resolution 06 -05, Series of 2006, to Deny Preliminary Subdivision Plan approval
for a Resubdivision of Lots 44 & 45, Block 4, Wildridge, Town of Avon, Eagle County,
Colorado.
Alternative: Based Approval of Ordinance No. 06 -01 on First Reading
Table action on Resolution No. 06 -05 until Second Reading of Ordinance No. 06 -01
Proposed Motion:
I move to approve Resolution No. 06 -05, Series of 2006, A Resolution Denying the
Preliminary Subdivision Plan for a Resubdivision of Lots 44 & 45, Block 4, Wildridge, Town of
Avon, Eagle County, Colorado.
1:AEngineering\ Subdivision \WildridgeAL44 &45B4WR Res 06-05 Merno.Doc • Page 2
Alternate Motion:
I move to Table Resolution No. 06-05, Series of 2006 until Second Reading of Ordinance No.
06-01, An Ordinance Approving an Amendment to the Wildridge Planned Unit Development
for Lot 44 and Lot 45, Block 4, Wildridge, Town of Avon, Eagle County, Colorado.
Town Manager Comments:
y1k
Attachments:
Exhibit I - Resolution No. 06-05 Denying Preliminary Plat
Exhibit 2 - Preliminary Subdivision Plan Sheet
1:\Enginee6iig\SLtbdivision\Wildridge\L44&45B4WR Res 06-05 Merno.Doc • Page 3
r /
TOWN OF AVON
RESOLUTION NO. 06-05
Series of 2006
A RESOLUTION DENYING PRELIMINARY SUBDIVISION PLAN FOR A
RESUBDIVISION OF LOTS 44 & 45, BLOCK 4, WILDRIDGE, TOWN OF
AVON, EAGLE COUNTY, COLORADO
WHEREAS, Samuel Ecker and Bruce and Susan Baca have applied for a PUD
Amendment and Preliminary Plan for a Resubdivision of Lots 44 & 45, Block 4,
Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, said Preliminary Subdivision Plan provides for the resubdivision of two
existing duplex lots into three single family lots; and
WHEREAS, said application for a PUD Amendment for Lots 44 & 45, Block 4,
Wildridge was reviewed by the Planning and Zoning Commission of the Town of Avon;
and
WHEREAS, following a public hearing and said review of the proposed PUD
Amendment, the Planning and Zoning Commission recommended Town Council denial
of the proposed PUD Amendment; and
WHEREAS, the Proposed Preliminary Subdivision Plan is not in conformance with the
Wildridge P.U.D.; and
WHEREAS, The Town Council finds that the proposed subdivision does not conform to
applicable zoning regulations and the applicable considerations:
(1) The Comprehensive Plan;
(2) For Planned Unit Developments, the relevant Planned Unit Master Plan
and the Comprehensive Plan as reflected in the approval of that Planned
Unit Development;
(3) Physical suitability of lots proposed for subdivision; and
(4) Compatibility with surrounding land uses.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the
Proposed Preliminary Subdivision Plan for a Resubdivision of Lots 44 & 45, Block 4,
Wildridge, Town of Avon, Eagle County, Colorado does not comply with the Zoning and
Subdivision Regulations of the Town and is hereby denied.
C:\Documents And Settings\Nwood\Local Settings\Ternporary Internet Fi1es\0LK23\L4445134WR Res 06-XX Denial.Doc
ADOPTED THIS DAY OF January, 2006.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
C:ADocuments And Settings \NwoodTocal Settings \Temporary Internet Fi1es \0LK23 \L4445B4WR Res 06 -XX Denial.Doc
\ �i
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I J� V =11 - �J
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: January 18, 2006
Re: Resolution No. 06 -07 — A Resolution Approving Subdivision Variance to Allow
Minimum Curve Radius of Less Than 100 Feet and Cul -De- Sac Bulb Right -of-
Way Diameter of Less Than 100 Feet in the Proposed Riverfront Subdivision,
Town of Avon, Eagle County, Colorado (Public Hearing)
Summary: East West Partners, Inc. has submitted an application for a Subdivision
Variance and Subdivision Preliminary Plan approval for Riverfront Subdivision, a
Subdivision of parcel of land commonly known as The Confluence, located in the South 1/2
of the Northwest 1/4 of Section 12, Township 5 South, Range 82 West of the 6th Principal
Meridian in the Town of Avon, Eagle County, Colorado and containing approximately 18.9
acres. The property is generally bounded by the Union Pacific Railroad (UPRR) on the north,
Avon Road on the east and the Eagle River on the south. The proposed subdivision creates
seven developable lots ranging in size from approximately 0.20 acres to 4.39 acres, two open
space tracts of approximately 5.68 acres and 0.13 acres and a road right -of -way of
approximately 2.65 acres.
Primary vehicle access to the subdivision will be from Avon Road via a new street, Riverfront
Drive, which intersects Avon Road across from Hurd Lane, swings north to the UPPR right -
of -way and then follows the railroad right -of -way to the West to a proposed at -grade railroad
crossing located just to the westerly side of the Avon Fire Station on the North side of the
railroad. Riverfront Drive also intersects with a proposed at -grade crossing that provides a
direct link with an extension of Benchmark Court (east end of The Seasons building) and the
Pedestrian Plaza to the proposed Gondola site as shown on the PUD Application.
The Variance Application is for variances from design criteria for local streets and cul -de-
sacs. The proposed Riverfront Drive alignment includes two curves with a centerline radius
less than the 100 foot minimum for a local street as required by Section 16.40.080 of the Avon
Municipal Code. The first curve requiring a variance is a 56 foot radius curve near the Avon
Road intersection and the second curve is an 85 foot radius curve connecting to the western
railroad crossing. The Riverfront Drive intersection with Avon Road includes major
improvements at the intersection and the variance for the first curve will allow more efficient
I
development of the site. The location of the western at -grade railroad crossing was
established by existing and anticipated development conditions across from the proposed
subdivision. Consequently, the Riverfront Drive /railroad crossing was pre - established and
site constraints in this area dictate the necessity for a reduced radius curve at this location.
The third variance request is to reduce the minimum bulb right -of -way diameter for a cul -de-
sac from 100 feet to 85 feet. The cul -de -sac is required as a contingency for the possibility
that the western at -grade railroad crossing is not approved or is closed at some time in the
future and Riverfront Drive becomes a dead end street (cul -de -sac). This variance has been
requested due to site constraints in the area. Approval of this variance should be conditioned
upon the submittal of plans providing sufficient detail to assure that a satisfactory cul -de -sac
with minimum pavement diameter (72 feet) and related improvements including drainage
facilities and guardrail can be constructed within the proposed cul -de -sac. (By way of
comparison, cul -de -sacs in Wildridge have a right -of -way diameter of 90 feet.)
Resolution No. 06 -07 (Exhibit 1) approves the requested Subdivision Variance subject to
specified conditions including approval of the Confluence PUD Amendment and
corresponding Final Subdivision Plat.
We recommend approval of Resolution No. 06 -07, A Resolution Approving Subdivision
Variance to Allow Minimum Curve Radius of Less Than 100 Feet and Cul -De -Sac Bulb
Right -of -Way Diameter of Less Than 100 Feet in the Proposed Preliminary Subdivision Plan
for Riverfront Subdivision, Town of Avon, Eagle County, Colorado.
Note: This Variance Application should be reviewed in conjunction with the Preliminary
Subdivision Plan review and should be approved prior to Preliminary Subdivision Plan
approval.
Discussion:
Variance:
(a) Upon application by a subdivider, the Town Council may, at its discretion, grant
variances from some or any requirements of the subdivision regulations based upon
the following criteria:
1) Whether a strict, literal application of these subdivision regulations would
result in an undue hardship to the subdivider due to the purpose, size, shape
location and character of the proposed subdivision;
2) Whether the provisions of the regulations from which relief is requested are
not materially important, in a planning sense, to the orderly controlled
development of the tract in question;
3) Whether the granting of the request might adversely affect the use of the land
in the immediate area of the tract in question.
I:A Engineering\ Confluence ASubdivisionAPreliminary \Variance Res 06 -07 Memo.Doc
K
(b) A variance granted by the Town Council may contain limitations as to time or
disposition or use of the tract in question in order to ensure that the stated purpose of
the variance request is realized.
The Applicant has provided information and discussion in an attachment to the Variance
Application (Exhibit 2) to support the stipulated criteria for approval of the Variance.
Recommendation: We recommend approval of Resolution No. 06 -07, A
Resolution Approving Subdivision Variance to Allow Minimum Curve Radius of Less Than 100
Feet and Cul -De- Sac Bulb Right -of -Way Diameter of Less Than 100 Feet in the Proposed
Riverfront Subdivision, Town of Avon, Eagle County, Colorado.
Proposed Motion: I move to approve Resolution No. 06 -07, A Resolution
Approving Subdivision Variance to Allow Minimum Curve Radius of Less Than 100 Feet and
Cul -De- Sac Bulb Right -of -Way Diameter of Less Than 100 Feet in the Proposed Riverfront
Subdivision, Town of Avon, Eagle County, Colorado.
Attachments:
Exhibit 1 — Resolution No. 06 -07
Exhibit 2 - Application for Variances
Town Manager Comments:
I:A Engineerin ;AConfluenceASubdivision \Preliminary \Variance Res 06 -07 Memo.Doc
TOWN OF AVON
RESOLUTION NO. 06-07
Series of 2006
A RESOLUTION APPROVING SUBDIVISION
VARIANCE TO ALLOW MINIMUM CURVE
RADIUS OF LESS THAN 100 FEET AND CUL -DE-
SAC BULB RIGHT -OF -WAY DIAMETER OF LESS
THAN 100 FEET IN THE PROPOSED
PRELIMINARY SUBDIVISION PLAN FOR
RIVERFRONT SUBDIVISION, TOWN OF AVON,
EAGLE COUNTY, COLORADO
WHEREAS, East West Partners, Inc. has applied for a Subdivision Variance
approval to allow an decrease in road centerline curve radius for a local street from 100
feet to 56 feet for one curve, to 85 feet for a second curve and to allow a reduction in
minimum cul -de -sac right- of-way diameter from 100 feet to 85 feet for Riverfront Drive
as shown in the Proposed Preliminary Subdivision Plan for Riverfront Subdivision in the
Town of Avon, Eagle County Colorado, in accordance with Chapter 16.44 of the Avon
Municipal Code; and
WHEREAS, The Preliminary Subdivision Plan and Subdivision Variance was
submitted in conjunction with a proposed Confluence PUD Amendment; and
WHEREAS, the proposed Preliminary Subdivision Plan, Subdivision Variance
and proposed Confluence PUD Amendment have been reviewed by the Town of Avon
Planning and Zoning Commission; and
WHEREAS, following public hearings and extensive review of the proposed
Confluence PUD Amendment, proposed Preliminary Subdivision Plan, Subdivision
Variance and public input received in the course of the review and public hearings the
Planning and Zoning Commission adopted Resolution No. 06 -01 recommending Town
Council approval of the proposed Confluence PUD Amendment and Resolution No. 06-
02 recommending Town Council Approval of the proposed Preliminary Subdivision Plan
and Variance for Riverfront Subdivision; and
WHEREAS, The Town Council of the Town of Avon finds that the requested
Variance complies with the following criteria:
1) A strict, literal application of the subdivision regulations would result in
an undue hardship to the subdivider due to the purpose, size, shape location and
character of the proposed subdivision;
2) The provisions of the regulations from which relief is requested are not
materially important, in a planning sense, to the orderly controlled development
of the tract in question;
l:A Eigineering \ConfluenceASubdivision \Preliminary \Variance Res 06- 07.Doc
3) The granting of the request will not adversely affect the use of the land in
the immediate area of the tract in question; and
WHEREAS, the Town has provided public notice in accordance with Section
16.20.070 and posted notices of the time and date at which Town Council considered the
variance in conjunction with the preliminary subdivision application; and
WHEREAS, the Town held a public hearing at which it received evidence and
testimony concerning the Variance and the Preliminary Plan, at the conclusion of which
the Town Council considered such evidence and testimony.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines
that the Proposed Subdivision Variance allowing one curve with a minimum centerline
radius of 56 feet, one curve with a minimum centerline radius of 85 feet and a cul-de-sac
bulb with a minimum right-of-way diameter of 85 feet is in the best interest of the public
health, safety and welfare, conforms to the proposed Confluence PUD Amendment, and
other applicable development laws, regulations and policies of the Town of Avon and
hereby approves the same subject to the following conditions:
I The Variance approval is contingent up final approval of the proposed
Confluence PUD Amendment and approval and recording of a Final
Subdivision Plat corresponding to the proposed Riverfront Subdivision
and Confluence PUD Amendment.
2. The Variance from the minimum cul-de-sac right-of-way diameter
requirements is subject to the submittal and approval of an acceptable
design conforming to minimum pavement diameter and guardrail
installation contained within the cul-de-sac right-of-way.
ADOPTED THIS DAY OF JANUARY 2006.
Patty McKenny, Town Clerk
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
1:\Eiigineering\ConflLtence\Subdivision\Preliminary\Variance Res 06-07.Doe 2
6
APPLICATION FOR VARIANCES
TOWN OF AVON SUBDIVISION REGULATIONS
Name of Development: Riverfront Subdivision
Location: The Confluence Site
Size: 18.893 acres more or less
Name and Address of Owner:
The Vail Corporation
P.O. Box 959
Avon, CO 81620 DEC 2 8 2005
List of Adjacent Owners and their Address: Included in Preliminary Plan Subdivision Application
Provisions of Subdivision Regulations from which Variances are requested:
1. Section 16.40.080 (56'radius curve near the Avon Road intersection),
2. Section 16.40.080 (85' radius curve near the proposed Western Railroad crossing), and
3. Section 16.40.080 (85' diameter "contingent" cul -de -sac near the proposed Western railroad crossing)
Background:
The Applicant has the Confluence parcel (renamed "Riverfront Village ") situated between the Union Pacific ( "UP ")
railroad tracks and the Eagle River under contract to be purchased from the Vail Corporation, a subsidiary of Vail
Resorts. The Applicant has applied for an amendment to the site's existing Planned Unit Development ( "PUD ") and
for a Subdivision of the site into several development parcels, and other improvements, including roads, a proposed
linear park along the Eagle River, a public plaza, public paths and a proposed high -speed gondola. The Gondola
would connect the Riverfront Village site to the Beaver Creek Landing site, and to other transportation systems
(buses and ski lifts) to Beaver Creek Resort.
The PUD and Subdivision applications are both being brought through the Town of Avon's approval processes,
including public hearings before the Planning and Zoning Commission and the Town's Council.
The Town has applied to the State of Colorado's Public Utility Commission ( "PUC ") for two at -grade railroad
crossings from the Town's Western Town Center into Riverfront Village. The PUC's Administrative Law Judge
( "ALF) approved such crossings in November 2005 and the UP, which opposed such crossings, is expected to
appeal the ruling. It is not known whether or not the UP will be successful on appeal.
The Towns has begun to develop concept work on a new bus transit center "(Transit Center "), to be located North of
the railroad tracks, adjacent to the proposed Eastern crossing. It is expected that work on the Transit Center could
begin as early as 2006.
The proposed at -grade crossings would connect the Town's Transit Center and Avon's Western Town Center to the
Riverfront Village site, the proposed gondola and the Eagle River.
The primary vehicular and/or pedestrian connections are from 1) Avon Road at Hurd Lane (across from the Burger
King and Starbucks), 2) the proposed "Western" at -grade crossing (which would cross into the site between the
S,
Town Hall and Fire Station near Nottingham Park) and 3) the proposed "Eastern" crossing near the Seasons at Avon
adjacent to the proposed Transit Center.
The road is designed to achieve several planning goals. These include:
1. Safety for pedestrians, bicyclists and vehicle occupants,
2. Convenient and safe vehicular access to the development to /from Avon Road and the Western railroad
crossing; Riverfront Drive connects Avon Road to the area near the Town Hall and the Town's Recreation
Center.
3. Minimize potential interactions between vehicles and pedestrians/bicyclists.
4. Avoid unnecessarily disruption of the environment along the river (a previous plan proposed access to the
site via a bridge over the Eagle River) by keeping the road "away" from the river. The proposed road
alignment is oriented as close as possible to the tracks.
5. The proposed road alignment also permits the Applicant to better utilize the site and preserve open areas
(including a proposed 75' setback from the Mean High Water Mark) along the river.
As part of the Subdivision process, the Applicant is requesting three variances to the Town's Subdivision code as
noted above. All three variances relate to the design of Riverfront Drive:
1. 56' radius curve near Avon Road.
This variance is proposed to reduce the radius of the curve of Riverfront Drive at it turns north from the Avon
Road/Hurd Lane intersection.
The primary vehicular access to the site is considered to be the Avon Road/Hurd Lane intersection. The location of
this intersection, as designed, is appropriate in that it is: 1) Aligned with East -bound Hurd Lane in accordance with
recommendations of staff, 2) Adjacent to the Eagle River to the South (a site constraint), and 3) Allows for
improvements to this intersection (at the request of the Town's planning staff) ("Staff"), including those
recommended by an independent traffic engineer. These include: 1) Traffic movements are limited to right in,
right out, and left in (from the South). Left -out movements will not be allowed. 2) A deceleration/turn lane is
provided for right turns into the site, and 3). Improved sight distance is provided by moving and reducing the height
of the retaining wall between the railroad bridge and the entrance to the site..
Near this intersection, there is proposed access for pedestrians, bicycles and emergency /maintenance vehicles to the
Eagle River.
Once into the site, the road turns to the right. This is the proposed 56' radius turn, and the reason for the requested
variance. This curve is designed to get vehicles to the north end of the site, preserving the planning goals noted
above. This turn also provides an early separation of the road from the bicycle /pedestrian path to the river, reducing
risk of potential accidents.
2. 85' radius curve near the proposed Western Railroad crossing
This variance is proposed to reduce the radius of the curve of the road as it approaches and turns to cross the tracks.
The Western railroad crossing provides access to and from the site across the proposed at -grade crossing. This
crossing is immediately to the North of the curve for which a variance is sought. This variance allows for better
utilization of the site as the site is narrow from North to South at this location, and provides for a perpendicular
crossing of the tracks. It should be noted that vehicles are expected to have a stop sign at this crossing.
3. Section 16.40.080 (85' diameter "contingent" cul -de -sac near the proposed Western railroad crossing)
This variance is proposed to reduce the radius of the "contingent" cul -de -sac on the Western end of the site.
This cul -de -sac is incorporated into the road design at the request of Town Staff. It would only be completed and
used in the event the Western crossing is not approved or at some subsequent date the crossing is disallowed by the
PUC. It should be noted that the proposed asphalt diameter would be 72', as required by the Town's code.
Variance request -all three variances.doc 2
The creation and grading of this cul -de -sac results in some disturbance to wetlands and the creation of a large
retaining wall. By increasing the size, it would result in more disturbance as well as a larger retaining wall. Both
are undesirable features.
Reasons for Request for Variance:
We understand the criteria for Variances in Chapter 16.12 of the Town's Municipal Code regarding subdivisions are
as follows:
1) "Whether a strict, literal application of these subdivision regulations would result in an undue hardship to the
subdivider due to the purpose, size, shape, location and character of the proposed subdivision;"
Applicant comments: The literal application of these subdivision regulations would result in an undue hardship not
only to the Applicant, but to users of Riverfront Village. The site is bordered by the Eagle River to the South and the
UP railroad tracks to the North. It has approximately 112 mile of river frontage, and has limited distance from North
to South. Good planning principles dictate the design of the road as proposed. With the proposed variances, we
believe that the Riverfront Village and its linear Riverfront Park would be safe, pedestrian - friendly, and a desirable
place to own real estate and visit. Without the variances, it would not allow the development to efficiently utilize the
linear nature of the property, and would increase the amount of retaining walls or wetland impacts. In that sense, it
would cause an undue hardship on the Applicant, owners of property, and visitors.
2) "Whether the provisions of the regulations from which relief is requested are not materially important in a
planning sense, to the orderly controlled development of the tract in question;"
Applicant Comments: The provisions of the regulations are not materially important, in a planning sense, to the
orderly, controlled development of Riverfront Village. For example, the design of the road and curves provide
adequate access to the site for construction vehicles and others based on studies conducted by the Applicant's
engineers.
3) Whether the granting of the request might adversely affect the use of the land in the immediate area of the tract
in question."
Applicant Comments: The granting of the request will not adversely affect the use of the land either on the
Riverfront Village or on adjacent areas. To the contrary, as noted above, granting of the variances would improve
experiences of users. As noted, the Eagle River, Avon Road and the railroad tracks border the site on the South,
East and North, respectively. In addition, the Eagle River Water & Sanitation District borders the site to the West.
We see no adverse impacts to any immediate areas.
TOWN COUNCIL ACTION
Received this day of 2006 By:
The within request for Variances (granted, denied) this day of 2006 for the following reasons:
TOWN COUNCIL OF AVON
By:
Mayor
ATTEST:
Town Clerk
Variance request -all three variances.doc 3
E --aRT t- r1i e I-A 11 EY
Variance RtAiew Fee: S 300.00
(.'(JL(JKAU0 V—!
Applicant: East West Partners Inc.
Mailing Address: R 0. Drawer 2770 Citv: Avon State: CO Zip:8162C
Phone #.-- 970-845-9200 Fax #: 970-845-7205 Cell 9-:
Owner of Pro Pertr Va� Corporafion
Mailing Address: P 0. Box 9 5 9 City: Avon State: CO Zip: 81621
Phone #-.970-845-9200 Fax #: 970-845-7205 Cell 4:
Lot: Block SubdiNision: See attached
Project --Na
Street Address-.
Current Zoning:
Deicribe the Variance Requested:
.k Describe the relationship of the requested variance to other existing or potential uses
and stmctures in the iticiniq: N/A to Subdivision variances
.£gym y r1s, T L 4m: AM t P. 0. E 0 % 9'5 5 �r, 03, C 0 31120 19 70) ; =x`030 F ax 9 =19 -5749 it k. 112 7, C.7)
psze I Of 21
a
0. veswribt tine degivt to which i,dkf from the strict or literal interlwtsmion and
4talorremetit of a sp"ine regidadon is atressary to arldeve Compatibility ood
uniformity of treatment among sites in the vicinity, or attain the objectives of Title
17. 6,040 "ithoot grant of special prig ilege:
NIA to Subdivision van'anc e s
(7. Describe the tffivt of the requested variance on flot and air, di5tribution of
population. trap portation and try, me foOlitt". Public MCIWICS and Utilities, and pUbUc
safety:
NIA to Sub division v an* an c es
D. Any inch other factors and criteria as the Planning Commission may deem apphcable
to the proposed variance:
See attached for subdivision variance criteria
I (we) r A iafonwWo to the Toun of Awii in ioxmcfion uidj dfis applicition
a's
tree awl conwt Gat I Owe) t4 ,stand the Town of Avoti rqpdatioiis applicable to this pmjeo,
atW tuiderst,-uid dut into ne lere Vibiniftells Will tlekn� Ipplicaliole I etiew. Owner de`,ipuates -Xppli-
, cm
, it ii4clied to vt As" III all qTficatloa soboWfals, related to this 1);ect.
2c4i ') ,
ApplIcant: V-�
(print vame): Ei(st West Partners Inc.
tprint -Name): The Vail Corporation
Date: 12-28-05 Date- 12-28-05
Ci=wj6ty DrvekVnimT, FO. 3Lx 975 Avm CO 916-20 (970)74-94030 Fu(MV49-5749 ijtT, 121,27 01)
P37C -) of 2
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To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: January 18, 2006
Re: Resolution No. 06 -08— A Resolution Approving Preliminary Subdivision Plan for
Riverfront Subdivision, Town of Avon, Eagle County, Colorado (Public
Hearing)
Summary: East West Partners, Inc. has submitted an application for a Subdivision
Variance and Subdivision Preliminary Plan approval for Riverfront Subdivision, a
Subdivision of parcel of land commonly known as The Confluence, located in the South 1/2
of the Northwest 1/4 of Section 12, Township 5 South, Range 82 West of the 6'h Principal
Meridian in the Town of Avon, Eagle County, Colorado and containing approximately 18.9
acres. The property is generally bounded by the Union Pacific Railroad (UPRR) on the north,
Avon Road on the east and the Eagle River on the south. The proposed subdivision creates
seven developable lots ranging in size from approximately 0.20 acres to 4.39 acres, two open
space tracts of approximately 5.68 acres and 0.13 acres and a road right -of -way of
approximately 2.65 acres.
The Variance Application is for variances from design criteria for local streets and cul -de -sacs
and should be reviewed in conjunction with the Preliminary Subdivision Plan review but
should be approved prior to Preliminary Subdivision Plan approval.
Resolution No. 06 -08 (Exhibit 1) will approve the Preliminary Subdivision Plan for the
Riverfront Subdivision subject to specific conditions and is recommended for approval. The
recommended action on this Resolution is to Table until Second Reading of the Confluence
PUD Amendment Ordinance.
Discussion: The proposed Riverfront Subdivision is depicted on the enclosed
drawings; Preliminary Plat Riverfront Subdivision (Exhibit 2) and Riverfront Subdivision
Preliminary Plans (Exhibit 3). Exhibit 2 depicts the proposed land subdivision and Exhibit 3
shows proposed public improvements and the relationship to the development under the
proposed Confluence PUD Amendment.
0
The proposed Subdivision and related facilities are generally described as:
Subdivision: The proposed Riverfront Subdivision (Confluence) is for the subdivision of a
parcel of land located in the South 1/2 of the Northwest 1/4, Section 12, Township 5, Range
82 West of the 6th Principal Meridian, in the Town of Avon, Eagle County, Colorado and
containing approximately 18.9 acres. The property is generally bounded by the Union Pacific
Railroad (UPRR) on the north, Avon Road on the east and the Eagle River on the south. The
proposed subdivision creates seven developable lots ranging in size from approximately 0.20
acres to 4.39 acres, two open space tracts of approximately 5.68 acres and 0.13 acres and a
road right -of -way of approximately 2.65 acres.
Access: Primary vehicle access to the subdivision will be from Avon Road via a new
street, Riverfront Drive, which intersects Avon Road across from Hurd Lane, swings north to
the UPRR right -of -way and then follows the railroad right -of -way to the West to a proposed
at -grade railroad crossing located just to the westerly side of the Avon Fire Station on the
North side of the railroad. Riverfront Drive also intersects with a proposed at -grade crossing
that provides a direct link with an extension of Benchmark Court (east end of The Seasons
building) and the Pedestrian Plaza to the proposed Gondola site as shown on the PUD
Application.
Variances: The Variance Application is for variances from design criteria for local streets
and cul -de -sacs. The proposed Riverfront Drive alignment includes two curves with a
centerline radius less than the 100 foot minimum for a local street as required by Section
16.40.080 of the Avon Municipal Code. The first curve requiring a variance is a 56 foot
radius curve near the Avon Road intersection and the second curve is an 85 foot radius curve
connecting to the western railroad crossing. The Riverfront Drive intersection with Avon
Road includes major improvements at the intersection and the variance for the first curve will
allow more efficient development of the site. The location of the western at -grade railroad
crossing was established by existing and anticipated development conditions across from the
proposed subdivision. Consequently, the Riverfront Drive /railroad crossing was pre-
established and site constraints in this area dictate the necessity for a reduced radius curve at
this location.
The third variance request is to reduce the minimum bulb right -of -way diameter for a cul -de-
sac from 100 feet to 85 feet. The cul -de -sac is required as a contingency for the possibility
that the western at -grade railroad crossing is not approved or is closed at some time in the
future and Riverfront Drive becomes a dead end street (cul -de -sac). This variance has been
requested due to site constraints in the area. Approval of this variance should be conditioned
upon the submittal of plans providing sufficient detail to assure that a satisfactory cul -de -sac
with minimum pavement diameter (72 feet) and related improvements including drainage
facilities and guardrail can be constructed within the proposed cul -de -sac. (By way of
comparison, cul -de -sacs in Wildridge have a right -of -way diameter of 90 feet.)
Utilities: Utility services will be provided by the local utility companies; Holy Cross
Energy, Excel Energy, Comcast, Qwest and Eagle River Water & Sanitation District. Water
I:AEngineering\ Confluence ASubdivision\Preliminary \Subd Res 06-08 Memo.Doc 2
III
Rights for water service will be provided by the Town of Avon through water rights currently
owned by the town and additional water rights to be conveyed to the Town as required to
serve the development proposed in the PUD Application.
Drainage: The proposed subdivision improvements include a relatively extensive storm
drainage system to convey off site Stormwater through the site to the Eagle River as well as to
collect and convey on -site drainage through the site to the River. The on -site drainage system
includes sand/oil separators for pollution control prior to discharge to the River. On -site
Stormwater detention is not required due to the proximity to the River. All storm drainage
facilities will be located in public rights -of -way or dedicated easements.
Pedestrian Access & Circulation: Proposed subdivision improvements include an
upgraded pedestrian connection between Town Center, Proposed Transportation Center and
Pedestrian Plaza/Gondola at the eastern at -grade railroad crossing and a 10 -foot wide
sidewalk/bike path at the western at -grade railroad crossing to connect the existing trail along
the Eagle River to Nottingham Park and its existing trail and path system. Other pedestrian
related improvements include an additional section of path from the existing trail along the
Eagle River to the proposed Riverfront Drive /Avon Road intersection with a crosswalk across
Avon Road to connect with the sidewalk/trail to the East along Hurd Lane.
The Planning and Zoning Commission has reviewed the Preliminary Subdivision Plan and
Variance Application in conjunction with the proposed Confluence PUD Amendment.
Following a Public Hearing and review of the application the Planning and Zoning
Commission has recommended Town Council approval of the Riverfront Subdivision
Preliminary Plan and related Subdivision Variances by the adoption of Planning & Zoning
Commission Resolution No. 06 -02 (Exhibit 4).
Resolution No. 06 -08 approves the Preliminary Subdivision Plan for Riverfront Subdivision
subject to specified conditions including: Completion of technical corrections as identified by
Town Staff, including but not limited to those identified in Memorandum Re: Confluence
Preliminary Plan- Second Review, dated December 20, 2005 (Exhibit 5).
The Preliminary Subdivision Plan approval should be coordinated with the Confluence PUD
Amendment approval. To be consistent with that process we recommend Council Review and
comment on the Preliminary Subdivision Plan but action on Resolution No. 06 -08 be tabled until
second reading of the Ordinance approving the Confluence PUD Amendment to assure that all
actions and/or approvals are consistent.
Recommendation: We recommend Resolution No. 06 -08, A Resolution Approving
Preliminary Subdivision Plan for Riverfront Subdivision, Town of Avon, Eagle County, Colorado
be tabled until second reading of the Ordinance Approving the proposed Confluence PUD
Amendment.
I:AEngiueering\ Confluence ASubdivision \Preliminary\Subd Res 06 -08 Memo.Doc
3
Proposed Motion: I move to table Resolution No. 06-08, A Resolution Approving
Preliminary Subdivision Plan for Riverfront Subdivision, Town of Avon, Eagle County, Colorado.
Attachments:
Exhibit I — Resolution No. 06-08
Exhibit 2 - Preliminary Plat Riverfront Subdivision
Exhibit 3 - Riverfront Subdivision Preliminary Plans
Exhibit 4 - Planning & Zoning Commission Resolution No. 06-02
Exhibit 5 - Memorandum Re: Confluence Preliminary Plan-Second Review, dated December 20,
2005
Town Manager Comments:
1:\Ejiginee6ng\Conflueiice\Subdivision\Prelimiiiary\Subd Res 06-08 Memo.Doc
N_
TOWN OF AVON
RESOLUTION NO. 06 -08
Series of 2006
A RESOLUTION APPROVING PRELIMINARY
SUBDIVISION PLAN FOR RIVERFRONT
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO
WHEREAS, East West Partners, Inc. has applied for Preliminary Subdivision
Plan approval for Riverfront Subdivision, a subdivision of a parcel of land commonly
known as The Confluence, located in the South 1/2 of the Northwest 1/4, Section 12,
Township 5 South, Range 82 West of the 6th Principal Meridian, in the Town of Avon,
Eagle County, Colorado and containing approximately 18.9 acres, in accordance with
Chapter 16.20 of the Avon Municipal Code; and
WHEREAS, The Preliminary Plan was submitted"in conjunction with a proposed
Confluence PUD Amendment and Subdivision Variance application; and
WHEREAS, the proposed Preliminary Subdivision Plan, Subdivision Variance
and proposed Confluence PUD Amendment have been reviewed by the Town of Avon
Planning and Zoning Commission; and
WHEREAS, following public hearings and extensive review of the proposed
Confluence PUD Amendment, proposed Preliminary Subdivision Plan, Subdivision
Variance and public input received in the course of the review and public hearings the
Planning and Zoning Commission adopted Resolution No. 06 -01 recommending Town
Council approval of the proposed Confluence PUD Amendment and Resolution No. 06-
02 recommending Town Council Approval of the proposed Preliminary Subdivision Plan
and Variance for Riverfront Subdivision; and
WHEREAS, The Town has provided public notice in accordance with Section
16.20.070 and posted notices of the time and date at which Town Council considered the
preliminary subdivision and variance applications; and
WHEREAS, The Town held a public hearing at which it received evidence and
testimony concerning the Preliminary Subdivision Plan and Subdivision Variances, at the
conclusion of which the Town Council considered such evidence and testimony; and
WHEREAS, said Subdivision Variance was approved by Resolution No. 06 -07;
and
WHEREAS, the Preliminary Subdivision Plan appears to comply with the
requirements of Chapter 16.20 Preliminary Plans, of the Avon Municipal Code and in
1:A Engineering\ Confluence vSubdivisionyPreliminary \Stiibd Res 06- 08.Doc
> r I
I
particular conformance to applicable regulations as set forth in Section 16.20.040 as
follows:
(1) The Comprehensive Plan;
(2) For Planned Unit Developments, the relevant Planned Unit Development
Master Plan and the Comprehensive Plan, as reflected in the approval of
the Planned Unit Development;
(3) Physical suitability of lots proposed for subdivision; and
(4) Compatibility with surrounding land uses.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines
that the Preliminary Subdivision Plan for Riverfront Subdivision as submitted in
conjunction with the Confluence PUD Amendment application dated August 8, 2005, is
in the best interest of the public health, safety and welfare and conforms to the
Confluence PUD Amendment as approved by Ordinance No. 06 -03, Series of 2006, and
other applicable development laws, regulations and policies of the Town of Avon and
hereby approves the same subject to compliance with the following conditions prior to
Final Subdivision Plat approval and subsequent issuance of any construction, grading or
building permits:
Define all Easements as required but with at least minimum dimensions
a. Drainage Easement Width 20 feet
b. Bike Path & Access Easement Width 20 feet
C. Utility Easement Width 15 feet
d. Public Plaza Easement Width 55 feet
e. Public Plaza Pedestrian Access Width 20 feet
f View Corridor Easement Width 55 feet
2. Public Plaza Easement and View Corridor Easement on Final Subdivision Plat
shall be subject to additional descriptions and limitations as imposed by the approved
PUD and Development Plan.
3. Public Improvements shall include widening of existing bike path the full length
of Tract A along Eagle River, to 12 feet per ECO Trails Division request and shall
include a 2 -inch thick asphalt overlay over the full width and length.
4. Additional Water Rights shall be conveyed to the Town of Avon as required by
DEVELOPMENT AGREEMENT Confluence and Tract C, dated October 27, 1998 prior
to Final Plat Approval and Recording.
5. The Final Subdivision Plat shall provide that Tract "A" will be deeded to the
Town of Avon and zoned "Open Space, Landscaping and Drainage" (AMC 17.20.120)
prior to the issuance of the first Certificate of Occupancy but no later than January 1,
2008.
I:A Engineering \ConfluenceASubdivision \Preliminary \Subd Res 06- 08.Doc
2
R
6. Land Use Table on Preliminary Plan shall be revised to include only basic land
use information (Lot, Lot Area and Basic Land Use, i.e., Residential, Lodging,
Commercial, etc.)
7. Delete non - applicable setback lines such as those in proposed street rights -of-
way.
8. Variance from cul -de -sac diameter requirements shall be subject to submittal of
an acceptable design conforming to minimum pavement diameter and guardrail contained
within requested cul -de -sac right -of -way variance.
9. Emergency access and fire hydrant spacing must be approved by the Eagle River
Fire Protection District.
10. Approval of construction plans for all utility services including but not limited to
water, sewer, electric, natural gas, phone and cable must be submitted to the Town of
Avon by the appropriate entities.
11. A Subdivision Improvements Agreement must be approved by the Town of Avon
concurrently with Final Plat Approval and the corresponding security must be submitted
to and accepted by the Town prior to recording of the Final Subdivision Plat.
12. Completion of technical corrections as identified by Town Staff. Including but not
limited to those identified in Memorandum Re: Confluence Preliminary Plan- Second
Review, dated December 20, 2005.
ADOPTED THIS DAY OF 2006.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
l:A Engineering \ConfluenceASubdivision \Preliminary \Subd Res 06- 08.Doc 3
1
A RESOLUTION RECOMMENDING APPROVAL OF SUBDIVISION VARIANCES
AND PRELIMINARY SUBDIVISION PLAN FOR RIVERFRONT SUBDIVISION IN
CONJUNCTION WITH THE CONFLUENCE PUD, AS MORE SPECIFICALLY
DESCRIBED IN THE APPLICATION DATED AUGUST 8, 2005.
WHEREAS, East West Partners Inc. has filed applications for Variances from the Subdivision
Regulations and for Preliminary Subdivision Plan approval for Riverfront Subdivision in
conjunction with an Application to amend the existing Planned Unit Development ( "PUD ") and
Development Agreement for the Confluence PUD; and
WHEREAS, the proper posting, publication and public notices for the hearings before the
Planning and Zoning Commission of the Town of Avon were provided as required by law; and
WHEREAS, the Planning and Zoning Commission of the Town of Avon held public hearings
on October 18th, November 1, November 15th, December 6th, and December 20th of 2005 and
January 17th, 2006, at which time the applicant and the public were given an opportunity to
express their opinions and present certain information and reports regarding the proposed PUD
and Development Agreement and related Subdivision issues; and
WHEREAS, following such public hearings, the Planning and Zoning Commission forwarded
its recommendation for approval on the PUD amendment application to the Town Council of the
Town of Avon through Resolution 06 -01; and
WHEREAS, following such public hearings, the Planning and Zoning Commission forwarded
its recommendation for approval of the Subdivision Variances and Preliminary Subdivision Plan
to the Town Council of the Town of Avon through Resolution 06 -02; and
WHEREAS, said Subdivision Variance Application appears to comply with the following
criteria for the granting of a variance as set forth in Section 16.20.020 of the Avon Municipal
Code:
(1) Whether a strict, literal application of these subdivision regulations would result
in an undue hardship to the subdivider due to the purpose, size, shape, location and
character of the proposed subdivision;
(2) Whether the provisions of the regulations from which relief is requested are not
materially important, in a planning sense, to the orderly controlled development of the
tract in question;
-
go
(3) Whether the granting of the request might adversely affect the use of the land in
the immediate area of the tract in question.
; and
WHEREAS, the Preliminary Subdivision Plan appears to comply with the requirements of
Chapter 16.20 Preliminary Plans, of the Avon Municipal Code and in particular conformance to.
applicable regulations as set forth in Section 16.20.040 as follows:
(1) The Comprehensive Plan;
(2) For Planned Unit Developments, the relevant Planned Unit Development Master
Plan and the Comprehensive Plan, as reflected in the approval of the Planned Unit
Development;
(3) Physical suitability of lots proposed for subdivision; and
(4) Compatibility with surrounding land uses.
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby
recommends approval to the Town Council for the Variances from the Subdivision Regulations
and the Preliminary Subdivision Plan for Riverfront Subdivision as submitted in conjunction
with the Confluence PUD Amendment application dated August 8, 2005 with the following
conditions that must be addressed prior to Final Plat approval:
Define all Easements as required but with at least minimum dimensions
a.
Drainage Easement Width
20 feet
b.
Bike Path & Access Easement Width
20 feet
C.
Utility Easement Width
15 feet
d.
Public Plaza Easement Width
55 feet
e.
Public Plaza Pedestrian Access Width
20 feet
f.
View Corridor Easement Width
55 feet
2. Public Plaza Easement and View Corridor Easement on Final Subdivision Plat shall be
subject to additional descriptions and limitations as imposed by the approved PUD and
Development Plan.
3. Public Improvements shall include widening of existing bike path the full length of Tract
A along Eagle River, to 12 feet per ECO Trails Division request and shall include a 2 -inch thick
asphalt overlay over the full width and length.
4. Additional Water Rights shall be conveyed to the Town of Avon as required by
DEVELOPMENT AGREEMENT Confluence and Tract C, dated October 27, 1998 prior to
Final Plat Approval and Recording.
5. The Final Subdivision Plat shall provide that Tract "A" will be deeded to the Town of
Avon and zoned "Open Space, Landscaping and Drainage" (AMC 17.20.120) prior to the
issuance of the first Certificate of Occupancy but no later than January 1, 2008.
6. Land Use Table on Preliminary Plan shall be revised to include only basic land use
information (Lot, Lot Area and Basic Land Use, i.e., Residential, Lodging, Commercial, etc.)
8
7. Delete non - applicable setback lines such as those in proposed street rights -of -way.
8. Variance from cul -de -sac diameter requirements shall be subject submittal of an
acceptable design conforming to minimum pavement diameter and guardrail contained within
requested cul -de -sac right -of -way variance.
9. Emergency access and fire hydrant spacing must be approved by the Eagle River Fire
Protection District.
10. Approval of construction plans for all utility services including but not limited to water,
sewer, electric, natural gas, phone and cable must be submitted to the Town of Avon by the
appropriate entities.
11. A Subdivision Improvements Agreement must be approved by the Town of Avon
concurrently with Final Plat Approval and the corresponding security must be submitted to and
accepted by the Town prior to recording of the Final Subdivision Plat.
12. Completion of technical corrections as identified by Town Staff. Including but not
limited to those identified in Memorandum Re: Confluence Preliminary Plan- Second Review,
dated December 20, 2005.
ADOPTED THIS 17th DAY OF January, 2006
Signed:
Chris Evans, Chair
Attest:
Date:
Phil Struve, Secretary
Date:
0
To: Tambi Katieb, Director of Community Development
From: Norman Wood, Town Engineer
Date: December 20, 2005
Re: Confluence - Preliminary Plan - Second Review
COMMENTS:
These comments are based on a review of Preliminary Plans dated December 9, 2005 and
received December 12, 2005 submitted in conjunction with Applications dated August 4,
2005 for PUD Zoning and Preliminary Subdivision approval for The Confluence. These
comments are offered for discussion and consideration purposes only. Subsequent
comments and conditions will be developed as recommended conditions for approval
pending response to the following:
Avon Road access should include all improvements recommended in Felsburg
Holt & Ullevig traffic analysis.
a. Minimum length turn lane and transition
b. extended median from the north for left turns on to Hurd Lane east
A. Avon Road Improvements must include sidewalk equivalent to existing
sidewalk and crosswalks must be continuous across entrance from Avon
Road.
B. Entrance width for right turns in should be reduced to a width typically
consistent with a single lane entrance.
C. Entrance configuration is confusing and appears to possibly create
conflicting vehicle movements for Right in /Left in and Left in /Right
out actions.
D. Subdivision Variance will be required for proposed 56 foot curve radius
on Riverfront Drive at the entrance to Avon Road. Minimum allowed
curve radius is 100 feet.
2. Consider raised pedestrian crosswalk across Avon Road between Confluence
and Hurd Lane (Nottingham Station)
A. Pedestrian crosswalk across Avon Road on South side of entrance is
recommended to provide a continuous connection from the proposed
bike on the Confluence Site to the Bikepath on the East Side of Avon
Road along Hurd Lane.
3. Extend Avon Road median from the south for left turns into Confluence Site
A. Shown on Revised Drawings
4. Increase minimum right -of -way width of Riverfront Drive from 50 feet to 60 feet
with 10 foot wide sidewalk along south side and with limited on- street parking
I:A Engineering \ConfluenceASubdivision \PreIi minary\Review -2. Doc
U
A. Limited on- street parking has been provided and sidewalk width from
Eagle River Bikepath connection to western railroad crossing is shown
as 10 feet.
B. Sidewalk width should be increased to 10 feet from Eagle River
Bikepath connection to Eastern railroad crossing to connect with
separated pedestrian crossing in event at grade crossing are eliminated.
5. Eastern railroad crossing should be designed for primary use as a pedestrian
crossing and secondary use as a vehicle crossing
A. Crossing intersection with Riverfront Drive and connection to railroad
crossing should be upgraded to be compatible with Transit Center and
Railroad Crossing Designs which are currently under development.
6. Eastern railroad crossing and surrounding area should be designed to
accommodate a functional grade separated pedestrian crossing
A. Shallow utilities should be relocated away from railroad R/W in vicinity
of eastern crossing to allow room for possible relocation raw water line
and sewer transmission line to accommodate possible separated grade
pedestrian crossing.
B. Storm sewer should be relocated in vicinity of eastern railroad crossing
to avoid potential conflicts with possible separated pedestrian crossing.
7. Riverfront Drive should be designed with pedestrian dominant crossing from
eastern railroad crossing to Pedestrian Plaza /Gondola
A. Pedestrian crossing appears to be upgraded but needs to be expanded to
be compatible with Transit Center /Railroad Crossing Design which are
currently under development.
8. Riverfront Drive should be designed with cul -de -sac at western railroad crossing
in the eventuality that railroad is reactivated and western railroad access is
ordered closed
A. Cul -de -Sac R/W does not appear to have full 90 foot diameter as
discussed. R/W diameter of less than 100 feet will require application
and approval of Variance from Subdivision Regulations.
B. Proposed site development and grading plans should include all grading
as required for construction of the cul -de -sac with initial road design
and construction.
C. Riverfront Drive Road Plans should be based on construction of cul -de-
sac with alternate design for road construction without paved cul -de -sac.
D. Variance from Subdivision Regulations will be required for proposed 87
foot centerline radius on Riverfront Drive at the railroad crossing.
Minimum allowed radius 100 feet.
9. Flatten slopes adjacent to roads and sidewalks to at least 3:1 and preferably 4:1
for appearance and maintenance purposes
A. This is shown on revised plans.
10. 'Railroad Transit" areas should be graded to match proposed street and railroad
crossing grades in the area.
A. This is shown on revised plans.
1:A En gin eering \ConfluenceASubdi visionTreIiminary \Review -2.Doc
2
0
11. "Railroad Transit" areas appear to be of limited value due to shape, size and
encumbrances with utility and drainage facilities - consider including in
Riverfront Drive right -of -way rather than creating separate parcels
A. This is shown on revised plans.
12. Proposed development at western end of site encroaches into existing bikepath
easement - Realigned Bikepath and Easement should include 10 -12 foot wide
ADA compliant path connecting Eagle River Trail to western railroad crossing
A. ECO Trails Committee has requested consideration be given to widening
the existing path along the Eagle River.
B. The alignment of the proposed bike relocation appears to have tighter
radius curves and a less desirable alignment than currently exists.
C. The proposed alignment of Bikepath connecting the Eagle River path
with the path along Riverfront Drive does not appear to meet desired
standards. Typically the minimum recommended centerline curve
radius for a Bikepath is 36 feet.
D. Dedicated easements should be provided for all bike paths including
connection from existing Eagle River path to Riverfront Drive and from
Eagle River path to Avon Road.
13. Western railroad crossing should be designed with 10 - 12 foot wide
bicycle /pedestrian path to provide connection from path along Eagle River to
Town Center and Nottingham Park
A. This is shown on current plans.
14. Proposed Gondola location is in 100 year flood plain - I am not aware of any
structure in the Town of Avon that has been approved in the 100 year flood plain
A. Flood plain permit will be coordinated through Eagle County.
B. Building Permit will require certifications with elevations to assure
structure is protected from flooding.
15. Consider locating Gondola to the north, closer to, and more visible from Town
Center and the eastern railroad crossing
A. Gondola has been shifted to north and east and adjacent building
envelope has been revised to improve visibility from railroad crossing
and town core.
B. Easements for View Corridor and Public Pedestrian Plaza Area should
be provided.
16. Lot 3 does not have minimum 25 foot frontage on a public street and as such
would require a variance - designating this as a public open space tract under
Land Use should resolve this issue without affecting ownership of parcel
A. We recommend that Lot 3 be designated as a Tract rather than a Lot,
B. Boundary should be revised to connect with the boundary of Tract A.
C. Land Use designation should be consistent an Open space Tract.
17. PUD does not appear to specify building setbacks from public right -of -way -
some minimum distance may be desirable from both a residential and street
maintenance aspect
A. Building setback from Riverfront Drive is especially critical for site
distance and safety in the vicinity of parking structure access points.
I:AEngineering \Con flLlenceASubdi vision \Prel im i nary \Review -2. Doc
3
0
18. Right -in / right -out only at access from Avon Road would divert more traffic into
Town Center with possible spin -off benefits
A. See comments under Number I above for issues related to entrance
design.
19. Proposed sewer lift station is not necessarily a desirable feature along side a
heavily used bikepath and especially so if maintenance vehicle access is on the
path
A. Proposed location of sewer lift station appears to be in the Bikepath,
Flood Plain and Wetlands. It should be relocated to an area outside all
these features.
20. Storm Drain facilities in pedestrian plaza area do not appear to be accessible by
maintenance vehicles or in an area compatible with required maintenance
activities
A. Storm Drain facilities have been relocated out of Pedestrian Plaza area.
B. Relocated storm drain facilities should be moved away from building to
avoid possible structure damage from leaking or overflowing storm
drainage and to provide adequate space for maintenance.
C. Storm Drain Facilities located on Riverfront Drive R/W line should be
relocated to provide adequate space for maintenance or an access and
maintenance easement should be provided.
D. Access easements should be provided to sand /oil interceptors for
maintenance of facilities.
21. Utilities and storm drainage facilities in the vicinity of the eastern railroad
crossing should be designed to be compatible with a high capacity grade separated
pedestrian crossing
A. This should be addressed prior to completion of final plans.
22. Convey additional water rights to Town of Avon as required by original
Development Agreement
a. Maximum SFE's as defined by current UERWA and Town of
Avon definitions
b. Provide additional water rights as required based on current Town
water rights lease to UERWA and consumption per SFE
C. Conveyed water rights to be reviewed and approved by Town and
UERWA for quality and sufficiency prior to conveyance
A. Water Rights Report has been forwarded to Town's Water Attorney and
Water Engineer for review. We will respond upon completion of their
review.
23. Proposed Site Plan does not appear to address necessary delivery and loading
activities
A. This appears to have been addressed for most areas.
24. Landscape plans should address primary connections between Town Center,
railroad crossings, pedestrian plaza area, gondola Eagle River bikepath and
planned activity areas
A. The Preliminary Plans are beginning to address this issue. It is
important to continue working with Project landscape architect and
C \Engi neeringTon fl uenceASubdi vlslonTrel lmi nary \Review -2. Doc
M
M
the designers for the transit center and railroad crossings to assure
complete compatibility.
25. All signage in public right -of -way should be allowed only with the approval by
the Town as granted at its sole discretion
A. Provide proposed monument size and location information for desired
sign program for consideration during zoning & subdivision review &
approval process.
Note: Review comments are contingent upon final approval of both east and west
railroad crossing per PUC Application - Failure to obtain both crossing approvals may
result in substantially different comments and subsequent recommendations.
L\EngineeringTonflneIICe\SUbdi Vision \Preliminary \Review -2.Doe 5
� 6 =
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From Norman Wood, Town Enginee
Date: January 19, 2006
Re: The Village (at Avon) Filing 4 - Proposed Preliminary Subdivision Plan and
Subdivision Variance Applications (Public Hearing)
Summary: Traer Creek RP LLC submitted an application for Preliminary Subdivision
Plan approval for The Village (at Avon) Filing 4 (Exhibit 1) along with a Subdivision
Variance Application (Exhibit 2) on October 17, 2005. Fees were not submitted with the
Application pending Staff determination of Fee amount. On October 18, 2005, the applicant
was advised the Applications were considered to be incomplete and would continue to be
considered as such until the breach of the Annexation and Development Agreement was cured
by the opening of Swift Gulch Road to the public. Swift Gulch Road was opened to the
public on November 11, 2005. December 6, 2005, the Applicant was provided a list of items
to be submitted for the applications to be considered as complete (Exhibit 3). This list
included payment of fees, $660.00 for the Preliminary Plan and $200.00 for the Subdivision
Variance, plus self - addressed envelopes and postage for mailing hearing notices. December
8, 2005, the application documents were distributed to various agencies for review &
comment with transmittal Memorandum (Exhibit 4). The self - addressed envelopes and
postage for mailing notices were received on January 10, 2006 and we were advised that a
check for the fees was being delivered that day. Subsequently, the Notices (Exhibit 5) were
mailed and posted that day to meet the requirements for a public hearing at the January 24,
2006 Council Meeting.
At this time the fees have not been paid and the Applications are considered to be incomplete.
Because notices for a public hearing were mailed and posted, we recommend that a Public
Hearing be opened to provide anyone attending the meeting for the purpose of providing
public input on this item be allowed to do so and that no other action be taken with respect to
these applications.
L \Engineering\Avon VillageA5.0 Filing 4 \5.4 Preliminary Plan \Public Hearing Memo.Doc 1
When these applications are finally determined to be complete and a new Public Hearing date
is established, revised Notices of Public Hearing will be mailed and posted.
Recommendation: Open Public Hearing for input on proposed applications with
no further action following closure of Public Hearing.
Town Manager Comments:
Attachments:
Exhibit I - Preliminary Subdivision Plan Application
Exhibit 2 - Subdivision Variance Application
Exhibit 3 - Completion List
Exhibit 4 - Review Agency Transmittal Memorandum
Exhibit 5 - Public Hearing Notice
1:\Engineering\Avon Village\5.0 Filing 4\5.4 Preliminary Plan\Public Hearing Nlemo.Doc 2
HEART of the VALLEY
C O L O R A D O
Subdivision Fee: $ Development
2b0 S - /'7
Applicant: `i 9�Eg (f:gGF_A RP ;_ L "--
Mailing Address: 9Q City: \FAIL State: �j Z*
\1A
Phone #: -]O g49_G77& Fax #: C) 70 — MR- 19 Cell #:
Owner of Property: �� 6E_�4 iii L-
Mailing Address: „ City: State: i Zip:
Phone #: Fax #: r u Cell #: '
Project
Lot: Block: Subdivision:
Project Street Address:. Tra i-s A � B
Project Name, 71r_1,-e ViL u, LJ
*Note: If the parcel has not previously been platted, please attach on a separate sheet a
Meets & Bounds Description.
Type of Subdivision: ❑ Minor Subdivision ❑ Condominium Subdivision
❑ Duplex Subdivision 1 Land Subdivision ❑ Timeshare Subdivision
Type of Plat Approval Being Requested: ❑ Amended Final Plat
❑ Sketch Plan A Preliminary Plan ❑ Final Plat
*Note: All subdivsions other than Minor and Duplex Subdivisions are required to receive
Preliminary Plan approval prior to Final Plat.
I (we) represent that all information provided to the Town of Avon in connection with this application
as true and correct, that I (we) understand the Town of Avon regulations applicable to this project,
and understand that incomplete submittals will delay application review. Owner designates Appli-
cant as indicated to act as owner's rep esentative in all application submittal elated to this project.
Applicant: Owner:
(Print Name): PA14 ,_ (Print Name):V'1_- .j.
Date:�'� 4 Zt�d Date:
Community Development, P.O. Box 975 Avon, CO 81620 (970 )748 -4030 Fax (970)949 -5749 (rev. 12/27/01) Page 1 of
Lot:
Block:
Subdivision:
Project Address:
Project Name:-,A_,_ y;IL, j.��Q F� t� Review Fee(s):
All Applications:
❑ Four (4) sets of 24" x 36" plans
❑ Three (3) copies of the completed subdivision application form - submit separate
applications for preliminary and final plats
❑ Fees
Condominiums and Duplex Subdivisions:
❑ Three (3) copies of any applicable Master Declarations, Condo Declarations or Party gall
Agreements
Recording Requirements:
❑ Two sets of mylars and Master Declarations, Condo Declarations or PartyWall Agreements
which are fully executed and signed, including recording fees.
Additional Requirements:
Preliminary Plat Applications - 4 Units or more:
❑ Master List of all property owners within 300 feet with adequate legal descriptions
provided by a title company
❑ Original Copy of Public Hearing Notice
❑ Stamped and addressed envelopes for all property owners within 300 feet - metered
mail cannot be accepted
Reviewed by:
❑ Complete ❑ Incomplete Date:
This checklist is used to review subdivision applications for general completeness. We strongly
recommend that you contact the Community Development Department prior to submittal to
discuss specific submittal requirements for your project. Due to time constraints we can only
accept complete applications. Help us avoid delays by giving us clear, complete plans and
applications. If you have any questions, please call us at (970) 748 -4030.
Community Development, P.O. Box 975 Avon, CO 81620 (970)748 -4030 Fax (970)949 -5749 (rev. 12/27/01) Page 2 of 2
11
October 17, 2005
Mr. Norman Wood, P.E.
Town Engineer
P.O. Box 975
Avon, CO 81620
Re: The Village (at Avon) Filing 4 — Traer Creek Run
Subdivision Variance Application - Grades
Dear Mr. Wood,
�r
On behalf of Traer Creek RP LLC, we respectfully request the following variance:
Name of Development: The Village (at Avon) Filing 4
Location: North of I70 at Wm. J. Post Boulevard Interchange
Size: 101.253 acres more or less
Name and Address of Owner: Traer Creek RP LLC
P.O. Box 640
Vail, CO 81658
List of Adjacent Owners and their Address: Included in Preliminary Plan Subdivision Application
Provisions of Subdivision Regulations from which Variance is requested: Section 16.40.080
Reasons for Request for Variance: We are requesting a variance from a maximum grade of 8% for Local Streets
to a maximum of 9.5% for south facing portions of Traer Creek Run due to existing terrain conditions. The
combination of the close proximity of Interstate 70 to the steeper portions of the terrain north of I70 and the road
being extended (Post Boulevard) passing beneath I70, eliminates the possibility of grading Traer Creek Run at a
maximum of 8 %. Contributing to the grade is the CDOT mandated location of the new roundabout at Swift Gulch
Road and the associated grades across the large diameter of the roundabout. This condition forced the beginning of
Traer Creek Run closer to the steep hillsides. Additionally, an access into Planning Area N has been included off of
Traer Creek Run with flattening of the intersection grades to 4% further hindering the ability to obtain the 8% grade.
The grades through the switchback meet Town Standards. This also contributed to the necessity of making portions
of the road 9.5 %. The 9.5% also significantly reduces the amount of grading due to roadway cut slopes.
TOWN COUNCIL ACTION
Received this day of 2005 By:
The within request for Variance (granted, denied) this day of 2005 for the following reasons:
TOWN COUNCIL OF AVON
By:
Mayor
ATTEST:
Town Clerk
Micha Sincerel ,
el J. Super, PE
Cc: Erik Peterson, Dan Leary
C O L O R A D O
December 6th 2005
Traer Creek RP LLC
Attn: Mr. Daniel Leary
P.O. Box 640
Vail, CO 81658 VIA FAX (970) 748 -8900
RE: The Village at Avon Filing 4 Preliminary Plans
Dear Daniel:
E'r111,8/ r-.3
Post Office Box 975
400 Benchmark Road
Avon, Colorado 81620
970 -748 -4000
970 -949 -9139 Fax
970 -845 -7708 77Y
We have completed a preliminary review of your Preliminary Plan and Subdivision
Variance application for the Village at Avon Filing 4. The following is a list of comments
that should be addressed prior to finding the application complete and scheduling for
public hearing:
General submittal requirements
1. Please remit payment of $660.00 for the Preliminary Plan application fee and
$200.000 for the Subdivision Variance fee.
2. The self- addressed envelopes submitted for the public notification requirement
needs to include sufficient postage.
3. Please respond to the criteria necessary for Council review of a Preliminary Plan
and Subdivision Variance per Section 16.20.040, and Section 16.12.020 of the
Avon Municipal Code.
4. Please provide a letter from the Village Design Review Board (DRB) indicating
their approval of the plans.
5. Please provide 15 reduced copies (11 X 17) of the Preliminary Plan (sheets 1 -10)
to transmit for referrals agency comments. These reduced sets must be
submitted no later than Thursday December 8`h, 2005 in order to make the
January 10th Town Council Hearing date.
Once staff has found your application to be complete, we will notify you of the number of
copies required to be submitted for the Town Council hearing. I look forward to meeting
with you to discuss these comments. Please contact me if you have any questions or
need further clarification at 748 -4009.
Kind R ards,
Eric Heidemann, AICP
Senior Planner
cc: File S- NW2005 -17
Tambi Katieb, Community Development Director
Norm Wood, Town Engineer
E
MEMORANDUM
TOWN OF AVON - COMMUNITY DEVELOPMENT
TO: Cliff Simonton, Senior Planner, Eagle County Planning Department
John Brendza, Superintendent, Eagle County School District
Ellie Caryl, Trails Program Manager, ECO Trails
Dennis Gelvin, Eagle River Water and Sanitation District
Carol Gill-Mulson, Deputy Chief, Eagle River Fire Protection Service
Peter Kozinski, Colorado Department of Transportation (CDOT)
Bill Andre, Colorado Division of Wildlife
Cal Wettstein, United States Forest Service
FROM: Eric Heidemann, Senior Planner [970-748-4009]
DATE: December 8, 2005
SUBJECT: Preliminary Plan/Subdivision Variance transmittal for agency, and department review
Case: S-NW2005-2 Village at Avon Filing 4
Request: Proposal to subdivide a portion of Planning Areas G, RMF-1, OS-5 and Residential
Single Family, Village at Avon PUD, which includes creating access to a proposed 2-million
gallon water tank. The request also includes a Subdivision Variance request to allow sections
of public roadway grade to increase from 8% to 9.5%. The subject property measure
approximately 101 -acres and is currently undeveloped. The site is located on the north side
of Interstate 70.
The attached information provides details of the proposed Preliminary Plan area and details of the
Subdivision Variance. The request is being reviewed for a staff report to the Town Council. The Preliminary
Plan and Subdivision Variance are tentatively scheduled for the January 10, 2005 Council meeting.
We are sending this information to you so the applicant, and the Town Council may be advised of any
requirements or recommendations your office will have on this case. Your report will be helpful in preparing a
recommendation and establishing conditions for this request.
Please respond in writing by January 4, 2005 with your comments on this amendment to the following:
TOWN OF AVON
COMMUNITY DEVELOPMENT
ATTN: ERIC HEIDEMANN
PO BOX 975
AVON, CO 81620
Attachments
PHONE NUMBER 970-748-4009
FAX NUMBER: 970-949-5749
e-mail: eheidemann@avon.org
a
NOTICE OF PUBLIC HEARING
TO: Whom it May Concern
You are hereby notified pursuant to provisions of Section 16.20.070 and 16.44.060 of the Avon
Municipal Code, that a Public Hearing on a Preliminary Subdivision Plan and Subdivision Variance will
be held and considered at the meeting of the Town Council of the Town of Avon, on January 24th, 2006
at 5:30 PM in the Avon Municipal Complex, 400 Benchmark Road, Avon, Colorado, at which time and
place you are hereby invited to be present and be heard.
PROPERTY OWNER:
APPLICANT:
LEGAL DESCRIPTION OF PROPERTY:
DESCRIPTION OF VARIANCE:
Traer Creek RP LLC
PO Box 640
Vail, CO 81658
Traer Creek RP LLC
PO Box 640
Vail, CO 81658
The Village at Avon Planned Unit Development,
Planning Areas G, RMF -1, OS -5 and Residential
Single Family. The subject property is located
immediately north of the Interstate 70 and
William J. Post Boulevard interchange.
The request for a Preliminary Subdivision Plan
approval pursuant to Section 16.40.080 of the
Avon Municipal Code to subdivide a portion of
Planning Areas, Village at Avon PUD, which
includes creating access to a proposed 2- million
gallon water tank. The request also includes a
Subdivision Variance request to allow sections
of public roadway grade to increase from 8% to
9.5%. The subject property measure
approximately 101 -acres and is currently
undeveloped. The site is located on the north
side of Interstate 70.
DEADLINE: If you wish to be heard on this matter, you may
appear personally or by designated agent at the
public hearing on January 24, 2006, OR you
may file a written statement with the
Recording Secretary, Town of Avon, P.O. Box
975, Avon, Colorado 81620. In order to be
considered by the Avon Town Council, such
written statement must be received in the Town
offices no later than 4:00 PM, Tuesday, January
24, 2006.
PUBLIC REVIEW: A detailed copy of the proposed application
is available in the Community Development
Office for review during regular business
hours by the public. Sign up to receive
meeting agendas at www.avon.org. For
further information, call 970.748.4030.
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON:
• MAIN LOBBY, AVON MUNICIPAL COMPLEX
• MAIN LOBBY, AVON RECREATION CENTER
• AVON CITY MARKET, MAIN LOBBY
• ALPINE BANK, MAIN LOBBY
Mailed and posted on 11161"6 by lS'` '
N6
� J� ;■ I I me
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Enginee
Date: January 19, 2006
Re: Design Workshop Proposal for Transit Center Design Services
Summary: Design Workshop submitted the attached Proposal (Exhibit 1) for Town of
Avon Transit Center Design. The Proposal is based on the services of the design team
established for the original Town Center Plan including Johnson and Kunkel Engineering,
LSC Transportation and Otak Architects. They have added Beaudin Ganze, mechanical/
electrical engineers and Natural Logic, LEED specialist to the team for this project. The
proposal is for design services from design development through final construction bid
documents and limited construction observation services. The proposed design is based on
the Schematic Design as previously with detail modifications to be resolved prior to final plan
preparation. The design will be for the complete transportation center project.
The proposed completion schedule for this work is:
Design Development (60% Complete) March 14, 2006
Construction Documentation & Specifications (95% Complete) Apri125, 2006
Full Bid Documents (100% Complete) May 11, 2006
This schedule is compatible with advertising for bids in May, awarding a construction
contract in June 2006 with construction beginning in July 2006. This is also consistent with
required notice of construction that was given to the owners of Lot 61.
The proposed fee for these services is $99,121.50 plus reimbursable expenses such as
telephone calls, meals, lodging and travel at actual cost plus 15 %. These costs are broken in
Exhibit 2 as:
Design Development $ 38,205.00
Construction Documents 40,087.50
Bidding/Negotiation 4,151.00
Construction Observation 16,678.00
Total Cost for Services $ 99,121.50
I:\Enginee6iig \CIP \Transportation Center\2.0 Contract Services\2.3 Design Arch \Design Workshop Prop 2 Memo.Doc
I
We recommend approval of the Design Workshop, Inc. Proposal dated January 16, 2006, for
Design Services from Design Development through Construction Observation for the Town
of Avon Transit Center in an amount not to exceed $99,121.50 plus reimbursable expenses
subject to compliance with the recommendations of the Town Attorney and with Construction
Observation Services to be subject to authorization by Town Staff on an as- needed basis.
Financial Implications: The proposed design fee is within the current
project budget.
Recommendation: Approve the Design Workshop, Inc. Proposal for
Design Services from Design Development through Construction Observation dated January
16, 2006, for Town of Avon Transit Center in an amount not to exceed $99,121.50 plus
reimbursable expenses subject to compliance with the recommendations of the Town
Attorney and with Construction Observation Services to be subject to authorization by Town
Staff on an as- needed basis.
Proposed Motion: I move to approve the Design Workshop, Inc. Proposal for
Design Services from Design Development through Construction Observation dated January
16, 2006, for the Town of Avon Transit Center in an amount not to exceed $99,121.50 plus
reimbursable expenses subject to compliance with the recommendations of the Town
Attorney and with Construction Observation Services to be subject to authorization by Town
Staff on an as- needed basis.
Town Manager Comments:
Attachments:
Exhibit 1: Design Workshop, Inc. Proposal for Town of Avon Transit Center Design
Exhibit 2 Design Cost Breakdown by Task
I:AEngineering \CIP \Transportation Center\2.0 Contract Services\2.3 Design Arch \Design Workshop Prop 2 Memo.Doc* Page 2
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January 16, 2005
Mr. Norman Wood, PE
400 Benchmark Road
Box 975
Avon, CO 81620
Re: Town of Avon Transit Center Design
Dear Norman:
Thank you for allowing Design Workshop, Inc. the opportunity to submit a proposal
for the Town of Avon Transit Center project. This project is the first of many capital
improvements from the Avon Town Center West Plan that will forever change the
footprint of the Town Center West area. We are looking forward to making the
Town's vision a reality, one step at a time.
Design Workshop has retained the original Town Center West and Main Street Public
Improvements Team with Johnson and Kunkel Engineering, LSC Transportation and
Otak Architects. We have also included Beadin Ganze Engineers (m.e.p. engineering).
Our professional experience will provide the town with a well crafted, long lasting
transit center for the Town Center West area.
Our proposed work program, outlined in this proposal, is based on the preferred
alternative plan at Schematic Design, which was presented to Council in January 2006.
Understanding how the proposed transit center fits within the larger vision of Avon
Town Center West is necessary to create a long - lasting outcome that will not need to
be modified or reconstructed.
Our scope of service includes the detailed design and engineering for the entire transit
center area described in the Avon Town Center West charrette preferred alternative.
The future users of the proposed Town of Avon Transit Center will include Avon
Transit, Beaver Creek Resort Transit and Eco- Transit. Our recommendation is to
develop a partnership with these entities in order to share the costs associated with the
design and/or construction of the proposed facilities. Each transit authority will greatly
benefit from a properly designed facility. By developing a partnership, each of the
transit authorities will also have the opportunity to offer specific ideas that may need
considered (Real Time Information systems, GPS, etc) for the functional success of the
transit center.
In our previous conversations, we have discussed the opportunity for the Town of
Avon to not only create a new placemaking and community environment in the Town
Center West area, but to also create a "green footprint ". Avon truly could be at the
forefront of sustainable development by a municipality in the Rocky Mountains. The
Avon Transit Center could be a model project by incorporating environmental aspects
such as solar power lighting, passive solar architecture, indigenous planting design, etc.
We are excited to further design, engineer and help implement the first of many pieces
of the Town Center West and Main Street Public Improvements. The Transit Center
will become a financial investment for the Town that has great economic and social
capital return.
Thank you again for the opportunity to submit this proposal. Should you have any
questions please do not hesitate to contact Steven Spears or myself at 970- 925 -8354.
We look forward to hearing from you.
Sincerely,
DESIGN WORKSHOP, INC
t
Don Ensign, ASLA
Principal -In- Charge
z
( t
Steven Spears, ASLA
Project Manager
I
PROJECT MANAGEMENT AND TEAM COORDINATION
Steven Spears of Design Workshop will coordinate the plans and specifications together from all other
disciplines for all submittals. Design Workshop will provide overall project management and will be the
direct contract for all consultants on the team and for the Town of Avon. Plans and other input will be
coordinated with Otak (architecture), JKA (structural and civil engineering), BGCE (mechanical
electrical plumbing) and LSC (traffic and transportation). Design Workshop will also provide landscape
architecture and wayfinding /signage design.
SCHEDULE
The Design Workshop team is sensitive to project scheduling needs, particularly in the current climate of
construction fund competitiveness with the level of work being implemented in the Eagle River Valley.
Our team is able to meet the agreed schedule, which is listed below:
Design Development (60% Design Submittal):
January 24, 2006 through March 14, 2006
Construction Documentation and Specifications (95% Design Submittal):
March 14, 2006 through April 25, 2006
Full Bid Documents (100% Design Submittal):
April 25, 2006 though May 11, 2006
THE DESIGN PROCESS
The following scope identifies the primary responsibility of the design team at each phase in order to
ensure that the Avon Transit Center enters into construction in the Summer of 2006. The scope of
service is based on the schematic design alternatives presented to Council in January 2006 and additional
comments that the design team have received from Council and Staff during the Schematic Design
process.
Task One: Design Development (60% Design Submittal)
Design development includes drawings, plans, sections, details special provisions, and supplemental
technical specifications for the Avon Transit Center. During this process, the design team will coordinate
efforts internally and with the Town Staff and Avon/Eco Transit. It will also include a narrative
discussion on the course of the design work including documentation on decisions made, decisions
needed on outstanding issues, and recommendations to resolve those issues. ESAL calculations will also
be determined. Drawings will have incorporated review comments where applicable. The design
development package will include:
Demolition Plan
Materials Plans
Grading Plans
I J Drainage Plans
1 Planting Plans
Irrigation Plans
I I Wayfinding and Signage Plan
Lighting Plans
MEP Plans (electrical, solar panel, snowmelt, wiring for Real Time Information, wireless internet)
I Utility Plans
Erosion Control Plans
Architectural Plans
-1 Architectural Elevations /Cross Sections
l Structural Plans (framing plan, foundation plan, etc)
CI Bus Pavement Design
I Details and Cross Sections
Notes and Specifications
I
Design development drawings will not provided the technical level of information for construction. The
drawings should be used only for coordination, resolving outstanding issues and preliminary pricing.
Task Two: Construction Documents and Specifications (95% Submittal)
Construction Documents and Specifications include all drawings, special provisions, technical
specifications, and updated cost estimate. Only items of minor significance will remain to be completed.
All submittal documents will have incorporated or resolved 60 percent and other informal review
comments. Proposed bid items and quantities will be submitted along with the final estimate, formatted
to agree with the bid items. Construction Documentation and Specifications include:
Demolition Plan
I' Materials Plans
1 -1 Grading Plans
11 Drainage Plans
1 " -1 Planting Plans
Irrigation Plans
❑ Wayfinding and Signage Plan
1 Lighting Plans
C : MEP Plans (electrical, solar panel, snowmelt, wiring for Real Time Information, wireless internet)
1- Utility Plans
❑ Erosion Control Plans
1 Architectural Plans
❑ Architectural Elevations /Cross Sections
1 Structural Plans (framing plan, foundation plan, etc)
Bus Pavement Design
L 1 Details and Cross Sections
1 ] Construction Specifications
I__ I Estimate of Probable Costs
Task Three: Full Bid Documents and Specifications (100% Submittal)
This submittal will include the original and electronic file version of all of the contract documents,
including the bid item list and the final engineer's cost estimate, ready for bidding the work. Submittal
items will be stamped and sealed as appropriate. Drawing check prints, along with sealed original
calculations, and cost estimating backup information shall also be provided.
Task Four: Bidding and Negotiation
The Design Workshop team will assist the Town of Avon with bid support services necessary to bid and
award the construction contract. These services will include responding to bidder's questions and
updating drawings and specifications during the bid phase. Other services will include:
review of the bid documents
1 1 attend one pre -bid conference
❑ provide design clarifications
l -' provide addenda to the bid documents as may be required
Task Five: Construction Observation
The Design Workshop team will assist Town of Avon staff and construction administration with design
services during construction as additional services. The scope necessary to complete construction
observation should be split between the design team and the Town in order to save costs. The scope
associated with this task includes:
1 i Review of submittals including shop drawings
1 - -1 Provide design clarification and decisions as required and requested by Town of Avon for response
OR
to the construction contractor (response to RFI's)
G Attend periodic construction office progress meetings when requested by Town of Avon
I 1 Provide construction observation services
I_ I Assisting in final punchlist
The five items listed above are based are included in this proposal. Hours for each discipline include:
I ,' Landscape architecture /project management: 65 hours
1 Civil engineering: 24 hours
❑ Structural engineering: 12 hours
I Graphic design: 8 hours
Architecture: 12 hours
1 MEP: 8 hours
Should services beyond the hours listed be necessary, they will be billed on a time /materials basis.
Assumptions
There will be only one contract bid package. The Town of Avon will provide construction management
and inspection services. As -built drawings will be prepared by others (either Town of Avon, or the
contractor).
AVON TRANSIT CENTER PROPOSAL DESIGN ASSUMPTIONS
Below is the list of assumptions that have been made in preparing the scope of service and fee proposal.
The assumptions are based on the Schematic Design Plan presented to Council in January 2006. Please
review and provide comment should the list be added to or reduced.
Transit Shelter
L Transit shelter architecture design
C! Possible mechanical area (for solar panel batteries)
❑ Structural engineering
I ' Mechanical, electrical, and plumbing engineering
❑ Interior lighting
❑ Local and regional bus route map and information
I i Photo voltaic on roof
Transit Bus Bays, Plaza and Garden
I'. Bus stop pads (Properly engineered)
11 Pedestrian plaza design
I ,' Guardrails
I 1 Bus wayfinding and signage
i1 Bus Shelters
II Site amenities such as benches, bollards, planters, trash receptacle, ski/bike racks
C_ Site lighting
Street trees
Garden design
I Irrigation design
Wet and dry utilities
i -1 Crosswalks and sidewalks
Snowmelt system
Temporary connection to Main Street
Coordination with railroad crossing consultant
Wiring for Real Time Information
Anticipating wireless internet services
I
All snowmelt design will be a bid alternate and stopped at the end of Design Development for staff
evaluation and discussion with potential contractors
Benchmark Road
t I Realignment of Benchmark Road
I _ Repairing of asphalt (damage from construction)
Bus stop pads
I I Pedestrian waiting areas
I =1 Site lighting
I Bus wayfinding and signage
11 Site amenities such as benches, bollards, trash receptacles
❑ Street trees
[ 1 Storm sewer drainage
1 i Crosswalks and sidewalks
1 -1 Bulb outs
J All snowmelt design will be a bid alternate and stopped at the end of Design Development for staff
evaluation and discussion with potential contractors
AVON TRANSIT CENTER PROPOSAL EXCLUSIONS
Below is the list of exclusions that have been made in preparing the scope of service and fee proposal.
Please review and provide comment should the list be added to or reduced.
H Items not identified in Assumptions
1 Geotechnical report
I i Entitlements and legal work
I ] Approvals or zone /code changes
❑ Environmental approvals /investigation
C Public review process beyond council meetings which will occur at the completion of each phase (per
schedule)
C 1 Coordination and preparation of agreements to alter private property (ie. construction easements)
AVON TRANSIT CENTER PROPOSED FEE BREAKDOWN
Based on the scope of service provided above, the breakdown in fee includes:
Design Development (60%): $38,205
Construction Documents (95% and 100 %) $40,088
Bidding and Negotiation: $4,151
Construction Observation: $16,678
TOTAL:
$99,122
Attachment A
Contract Provisions
All fees, commissions, and expenses billed shall be due within thirty (30) days of the date of billing. Interest on
unpaid or late bills shall accrue at 1 3/4 percent interest per month (21.0% A.P.R.). In the event of non - payment, such
unpaid amounts shall constitute and become a lien upon the property for which professional services are being
performed or completed. Design Workshop may, at its discretion, assert its right to file and foreclose upon such lien,
in addition to pursuing any other remedies permitted by law. Client agrees that all statements not objected to in
writing within thirty (30) days of receipt are agreed to be final and binding upon the parties as to the amounts due, the
adequacy of Design Workshop's performance, and the value of the services provided to Client.
2. When any invoice is outstanding and unpaid thirty (30) days after the date of billing, Design Workshop may, at its
discretion, stop work on the project. In addition, when any invoice is outstanding and unpaid ninety (90) days after
the date of billing, Design Workshop may withdraw from any governmental agency review process any applications,
drawings, submittals or other project documents reflecting Design Workshop's services. No notice of Design
Workshop's intent to stop work or to withdraw from any governmental review process shall be required. Client
forever releases, discharges and holds Design Workshop harmless from any and all liability arising out of Design
Workshop's withdrawal of any applications, drawings, submittals or other project documents. Client shall fully
indemnify, defend, and hold harmless Design Workshop against any and all claims for liability asserted by any project
participant for any action taken by Design Workshop under this paragraph.
If the project is suspended or abandoned, in whole or in part, for a period of ninety (90) days or th.prd,
�'br upon
instruction by Client to Design Workshop to suspend activity on the project, Design Workshop shll be cqmjnsated
for all services performed together with all reimbursable expenses due and the )"igreerenf „shall be &erred
terminated. If the project is resumed after such suspension, the Agreement betdvden Ctie� ttd besigr, Workshop
shall be renegotiated prior to resumption of services by Design Workshop. Bch "�enegott ion sell include a fee for
remobilization costs incurred by Design Workshop. In the event that thi, Agre rne�t i terminated due to the
suspension or abandonment of the project, Client shall make full payment%o;7W for all cinnsation due hereunder
within 30 days of receipt of a final invoice from DW. For purptses of tft}s Agreerrterrt; the term "suspension" or
"abandonment" shall mean substantial discontinuance of lab i se is ,and) xpei es for a ninety (90) day period or
written instruction by Client to suspend substantially a#- proect avits
4. Design Workshop reserves the right to raise -hours rates ,&.,its oven discretion during the course of this project. Any
such increases, however, will not result „ a rs in �thp total fees identified in this proposal unless specific
services are being provided on a timed r tend ai
5. Drawings and specifications tdcluding th ase electr6nic form, prepared by Design Workshop are the Instruments of
Service for use solely ,wrt> reflect t ,#his prof Design Workshop shall be deemed the author and owner of their
Instruments of Setnd retain II "immon law, statutory, and other rights, including copyrights.
Design W0'shop grams te ienti a nonexclusive license to reproduce Design Workshop's Instruments of Service
solely Vie[ tl prpose§ of tonsiructing, using and maintaining this project, provided that Client shall comply with all
obtigations rrtcjuding rapt payment of all sums when due, under this Agreement. The Client shall be permitted to
reWn C60' sf tn,t sting reproducible copies of drawings and specifications for information and reference in
conntionvitk die Client's use and occupancy of the project. The Client shall be permitted to authorize its
contre6tat' 'subcontractors and material suppliers to reproduce applicable portions of the Instruments of Service
appropriate to and for use in the execution of this project. The drawings and specifications shall not be used by the
Client on another project, except by agreement in writing between Design Workshop and Client.
Any unauthorized use of the Instruments of Service without Design Workshop's consent shall be at the Client's sole
risk and without liability to Design Workshop. The Client shall indemnify and hold harmless Design Workshop, and
Design Workshop's subconsultants from and against claims, damages, losses and expenses, including, but not
limited to payment of attorney's fees, arising out of unauthorized use of the Instruments of Service that are part of
this project.
Design Workshop shall not be responsible or liable for any direct, actual or consequential damages which occur as
the result of its inability to produce the Instruments of Service by reason of the casualty, destruction or loss of
documents that occurs through no fault of Design Workshop.
& Should the project be published in a book, magazine, newspaper, or publication for public circulation, or if a job sign
is erected, Design Workshop should be listed as the planner /landscape architect. In addition, this Agreement
represents non - exclusive approval by the Client for publication and award submissions of the project by Design
Workshop.
DESIGNWORKSHOP (Turn Page) Cl
7. The parties agree not to solicit for employment any employee of the other with whom the parties have had contact as
a result of this Agreement, while the candidate is employed by the other party, and for twelve (12) months following
termination of such employment, unless specifically agreed to in writing.
8. In the event of a default of any provision of this Agreement, after ten (10) days notice to cure is delivered, this
Agreement may be deemed terminated by the non - defaulting party. For purpose hereof, any failure to pay sums due
in accordance with Paragraph 1 shall be deemed default. Either party may terminate this Agreement for convenience
and without cause upon thirty (30) days written notice by either party. If Client terminates this Agreement for
convenience, DW shall be compensated for Services performed prior to termination, together with reimbursable
expenses then due.
9. Design Workshop and Client waive consequential damages for claims, disputes or other matters in question arising
out of or relating to the Agreement. This mutual waiver is applicable, without limitation, to all consequential damages
due to either party's termination in accordance with Paragraph 8.
10. All notices and other communications that are required or permitted to be given to the parties under this Agreement
shall be sufficient in all respects if given in writing and delivered in person, by electronic mail, by telecopy, by
overnight courier, or by certified mail, postage prepaid, return receipt requested, to the receiving party at the following
address:
If to DW:
If to Client
or to such other address as
be deemed given on the 6
delivery or refusal date ",;
case of overnight d
Design Workshop, Inc.
Attention:
Telephone:
Facsimile:
11. If any provision of thi9-",'Agte6ihent is for any reason held invalid or unenforceable, such provision shall be deemed
sepat e and sh fi n the validity of the remaining portions herein.
12. Thli Agr4m4ht shatl be binding upon the parties, their partners, successors, assigns, and legal representatives.
Clied ,shall not sign this Agreement without the consent of DW.
13. This A61 re ement may be amended or modified only by written instrument executed by both parties.
13. This Agreement (together with the attached Exhibits, which are incorporated herein by this reference) constitutes the
entire agreement between the parties and supersedes prior understandings, written or oral. No waiver under this
Agreement shall be valid unless it is given in writing and duly executed by the party to be charged therewith.
14. This Agreement shall be governed by the Laws of the State of Colorado. The parties agree that venue for any dispute
between them arising out of or relating to this Agreement shall be in the City and County of Denver, State of
Colorado.
15. In construing this Agreement, (i) the singular includes the plural and vice versa, (ii) reference to any document means
such document as amended from time to time, (iii) "include" or "including" means including without limiting the
generality of any description preceding such term, (iv) the word "or" is not exclusive, and (v) references to this
Agreement or Sections or paragraphs of this Agreement refer to this entire Agreement including all exhibits,
schedules, and Addendum attached hereto, as the same may be amended from time to time.
Other conditions
(Insert additions and modifications to the Standard Contract Provisions.)
Q: M Wk MATM
AVON TRANSIT CENTER PROPOSED FEE
The Design Workshop team fee for the proposed scope of service is $99,122.
By signing this letter you are authorizing Design Workshop, Inc. to commence services for the fee and
scope written above. This fee does not include reimbursable expenses such as telephone calls, travel,
meals and lodging. Reimbursable fees will be billed at cost + 15% on top of this proposed fee. The
contract provisions provided shall be binding to the services in this proposal.
Don Ensign, FASLA
Principal In Charge
APPROVED BY CLIENT:
Title:
Date:
M
Avon Transit Center
Proposal - Cost break Down
1- Jul -04
DWI
Design Development
Landscape Architecture Fee
$10,125.00
'. Wayfinding and Signage Fee
$3,520.00'
Architecture Fee
$6,440.00'
Civil Engineer Fee
$9,600.001
MEP Fee
$4,500.00:
Structural Fee
$1,500.00'',
Transportation Fee
$2,520.00
SUBTOTAL
$38,205.00
Construction Documents
Landscape Architecture Fee
$8,207.50
Wayfinding and Signage Fee
$5,180.00.
Architecture Fee
$6,780.00
Civil Engineer Fee
$10,900.00
Structural Fee
$2,000.00'
MEP Fee
$4,500.00''
Transportation Fee
$2,520.00'
SUBTOTAL
$40,087.50
Bidding and Negotiation
Landscape Architecture Fee
$1,975.00
Wayfinding and Signage Fee
$1,720.00
Architecture Fee
$178.00'.
Civil Engineer Fee
$278.00'
Structural Fee
_
MEP Fee
Transportation Fee
SUBTOTAL
$4,151.00
Construction Observation
Landscape Architecture Fee
$7,800.00'
Wayfinding and Signage Fee
$1,600.00'
Architecture Fee
$1,830.00
Structural Fee
$1,248.00'.
Civil Engineer Fee
$3,000.00
MEP Fee
$1,200.0 -0
Transportation Fee
SUBTOTAL
$16,678.00
TOTAL
$99,121.50
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JANUARY 10, 2006
A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon,
Colorado in the Council Chambers.
Mayor Ron Wolfe called the meeting to order at5:30 PM. A roll oo|| was taken and Council
rnernbena present were Debbie Buoh|ey, Khsti Ferraro, K8go McDevitt, /\nny Phillips, Brian Sipes
and 7-amng Underwood. Also present were Town Manager Larry Brooke. Town Attorney John
Dunn, Asst. Town K8anmgerJacqVie H8|burnt' Town Clerk F`mUy W1oKenny, Finance Director
Scott Wright, Police Chief Jeff LgyOD8O, TOVvO Engineer Norm VVOOd, Public Works / Transit
Director Bob Reed, and Community Development DinactorTambi Kobeb, as well as members of
the press and public.
Approval of Agenda
There were several changes to the agenda, which included the addition of the Town Center
West Market Investigation as carryover from the work oeaeion, the addition of Ordinance No.
00-02 addressing the Gates project and removal of Resolution No. 06-03 from the agenda;
Council approved these suggested changes. It was noted that those items requiring public
hearings would bo heard first.
Disclosure of Potential mf Conflict ofInterest
TOxvO Attorney John OUOD noted that there were OO items on the agenda that required a
disclosure.
Holiday Lighting Contest Awards
Mayor Wolfe presented the 2005 Holiday Lighting Contest awards to the winners.
Ordinances
Mayor Wolfe presented Ordinance No. 05-14' Series of 2005, Second Reading, An Ordinance
Amending Title 8, /\VOO &YUOiCip3/ Code. Prohibiting Smoking In Certain P)8QeS, and Providing
Fines For The Vio|@UDD Hereof. He noted that this iOC|Ud8S @ review 0flegislation that prohibits
smoking in Ced@iD places, and provided for fines for the violation thereof and that it is modeled
to mirror Eagle County's legislation. Town Attorney John Dunn noted two substantive changes
(sections 8.24D60 & 8.24.110) and m couple of revisions to errors in the document. Mayor
Wolfe opened the public hearing and S8Ven3| people made supportive CO00eOts as follows:
Shelly EVaOg, C>[ Don Parsons (0UDlDlit County |Oiti@LiNe). Jennifer Corrigan, Rodney Johnson
(President of Vail Valley Restaurant /\oon). Maggie Parker (owner Finnegan'a Restaurant), /\nn
yWenconi (Eagle County Commiosioneh, Kent Biede| (owner Loaded Joen\. It was noted that
bipartisan legislation was going to be introduced in the near future at the State level. K8[
Johnson commented on the outdoor seating area restrictions section, noting that the ordinance
was too restrictive in this section and that this could C@USe some p[Ob|3nns for the
establishments. Some discussion ensued on this topic. K8S. Parker noted that she was
concerned for her business and her patrons expressing concerns; she believes that the
[8st8u[@Dt OvVne[ ShOU|d be the decision 0ahe[, not government. Bied8| Co0DleDi8d On
smoking OR outside decks; he noted that he has never received comments opposing that. The
public hearing was closed. Councilor Buckley moved tO approve Ordinance NO. 05'14, Series of
2005' An Ordinance Amending Title 8, Avon Municipal Code. Prohibiting Smoking In Certain
Places, And Providing Fines For The Violation Hereof with the changes noted above. Councilor
Sipes DlOVed to Second the [DDUOn and it passed unanimously with a roll call vote. COUDCi|
asked staff to propose an educational campaign regarding this legislation.
Work Session Business
Town Center \8/eaƒ Market Investigation was presented at this time by Design Workshop
consultants Rebecca Zimmerman and Chris Kiley. The draft report addressed several primary
questions as follows:
,~ What is the optimal market focus for the natmi| area?
/ What isthe retail critical mass and mix required?
^/ What is the ideal residential critical mass and composition?
After review of the nsport. Council provided feedback and comments regarding the future
development of this Town Center area, questioning whether or not there is enough critical mass
to support the recommendation for the square footage ofretail. Mayor Wolfe suggested moving
to a design stage whereby movement ie towards determining whether Vr not Avon could afford
the public improvements related to this area, really the economic analysis of the deve|opnnent,
the cost vs. benefit of the project. /\ proposed strategy for future steps was discussed and
agreed upon, the work on the cost analysis and the designing ofthe project. The economic
analysis work is separate from the current scope of work. Consultants & staff were asked to
return with the scope of work for all aspects of this p|en, i.e. the financial gna|yoin, the design
vxorh' etc. and the consultants were asked to proceed with the work in the original scope.
Unfinished Town Business
Town Attorney John Dunn presented information related tothe Chateaus Et. Claire Planned
Unit Development, the C3otee project. He presented G newly drafted Ordinance NV. 06-02. an
Ordinance on first reading amending Ordinance No. 05-12. na|ohng to the Chateau Gt. Claire
Planned Unit Development, for Council's consideration per the discussions held at the earlier
Executive Session. He reviewed the recitals of the ordinance. He noted that the conditions
were not met per Council's requests at earlier meetings and this Ordinance would amend
C)[diD@OCe No. 05-12 to provide for further C|8rihc@UOO of the required documents. He then
reviewed the five conditions listed in the Ordinance @Sfollows:
1. The Amended and Restated Development Agreement for The Gates onBeaver
Creek, the form of which is attached as Exhibit A to Ordinance No. 05-12, which
form has been approved by the Town Attorney, shall be signed and filed iOthe
records of the 7-nxvn.
2. The Employee Housing Impact Fee collected iS fully dedicated tV the Town
irrespective Of the project 0U[CO0e;hOVVev8[.Shou1d[he8pp|icGOLSeekaO
increase in density or future amendment to the PUD allowed uses, an new
Impact Fee will be assessed;
3. |DOO event will the building permit Vr construction schedule be extended past
December 14.2OO8;and
4. No new construction shall occur under the permit until the Town is in receipt of
proof of the receipt and approval by US Bank of a completion (or a payment and
performance) bond covering the construction of all improvements described in
the plans filed with the TVwO. such proof to be in the form of receipt of a copy of
the bond together with a written confirmation by the Bank of its approval of it.
5. Upon failure of the condition contained in paragraph 4 hereof on or before April
27.2OOG. this Ordinance and all approvals contained iOit shall beOfOOfurther
force and effect and the building permit shall be void.
It was noted that second reading &a public hearing would be held at the January 24 m 0ee[iOg.
Condition No. 5 was revised to include a drop-dead date of April 27, 2006.
Chris Payne— Ballard Spahr Law Firm. addressed the Town Council with comments regarding
the drafted ordinance. He noted that he did not think it would be @ pnDb|e[n to provide the
documentation required per the ordinance. Councilor Ferraro noted that concerns included the
Regular Council Meeting Page ums
January `uzvu6
need to have more specific information about the disbursements. Comments were made
regarding the financing for the project. The intent iO asking for the documentation was k} try tO
insure that the project xvOV|d be completed. K88yO[ VVO|fe reviewed the changes to the
Ordinance. Councilor Sipes moved to approve Ordinance on first reading amending Ordinance
No. 05-12` relating tO the Chateau 8t. Claire Planned Unit Development. Councilor McDevitt
seconded the motion and it passed with a four to two vote (Ferraro & Underwood nay).
Staff Updates
T@[Dbi Katieb. Community [}eve/OpOlBOt Director, presented an update to Council regarding the
a8|8[tiOD of priorities for the capital projects plan. He noted that due to recent diSCUSSiOOs OO
attainable / workforce housing and it import@OCe, he requested that a Housing Needs
Assessment be completed in 2000. and 8CLU@||y [8p|@Ce the Nottingham Park K88Ste[ Plan.
Council members agreed tO the request. A brief dialogue occurred OD the recent appeal filed by
the Union Pacific Railroad to the PUC on the at grade railroad CrOSSiDQ. Staff would review the
filing and report back to Council the implications. The F(|CD Update was briefly discussed.
Council requested an outline from Gary Greer on tinlSfr8Dle and steps that would take place
throughout the application process.
Ordimamces - comtinued
Norm VVood, 7'oxvn Engineer. presented Ordinance No. 05-13. Series Of 2005. on Second
Reading, An Ordinance Amending Titles 12 and 16' AVOD K8UOiCip@| Code, Relating to Fees
Charged for Review of App|iCGUOOS for Rights-of-Way Permits and Subdivision Appn]V@| He
noted that this 1eQiS/GtiOO F8p8g|s the S8CtiOD Of the Code which outlines f88S for permits in
public rights-of-way and @pp|iC@tiDDS for subdivisions, and establishes them by FeSO|UtioO
ine[aod, essentially a housekeeping item. No changes were made from first reading. Mayor
VVo|f8 opened the public hearing, DO comments were made and the hearing was closed. K8@yO[
Pro Tern Underwood moved to approve Ordinance NV. 05-13. Series Of 2005, An Ordinance
Amending Titles 12 and 16. Avon K8UOiCipg| Code' Relating to Fees. Councilor Sipes S8COOded
the motion and ii passed unanimously with @ roll call vote.
Tambi Kadeb. Community Development [}inaotor. presented (]njinonoe No. 08-01. Series of
2000' First Reading, An Ordinance Approving aD Amendment [O the VVi/d[idg8 Planned Unit
Development for Lot 44 and Lot 45' Block 4, VVi|d[idg8 SubdiviSiOO, AvoO, Eagle County,
Colorado. It was noted that this PUD 80eOd0BOt is 8 request to allow for three (detached)
single-family nBSideOC8S in place of two duplex St[UC[U[eS; |OC@tiOD is 5123 & 5128 Long GUD
Lane. It was also noted that the applicant has requested that this item be tabled to the January
24' 2006 COUDCi| Meeting. Councilor Sipes nlOVed t0 table this ordinance; COUOCi| Fe[[@nJ
seconded the motion and i[ passed unanimously with @ roll call vote.
Resolutions
Tannbi KoUeb, Community Development [)innotor. presented Resolution Nn. 06-01. Series Of
2000.A Resolution Revising Fee Schedules For Zoning, Construction Work Within Public Ways,
Subdivision And Design Review Applications, Town Of Avon, Eagle County, CO|O[Gdo He noted
the recommended revisions tO Fee Schedules aS identified iD the memo included iO the council
packet. He explained that the philosophy used was to recover the costs of time spent with o
project and reviewed the impact to the larger projects. COUOCi|0[ Ferraro moved to approve
R8SO|Ub0n No. 08-01 Revising Fee Schedules For Zoning, Construction Work Within Public
VV@yS' Subdivision And Design Review Applications. Councilor Sipes seconded the nODtinO and
it passed unanimously with 8 roll call vote.
Regular Council Meeting Page ac«o
January 1O.xUOn
N0On VVOOd' Town Engineer, presented R8so|Utk}O No. 06-02. 8e[keS of 2000. ReS0|Utk]D
authorizing 8 Bike/Pedestrian Trail License with the C0(O[8dO Department of Transportation
related to the 8vvift Gulch Road Bike Path Extension, in the Town Of Avon, Eagle County,
Colorado. He noted that this resolution was authorization to construct the bike path along Swift
Gulch Road. Councilor Sipes nlOVed to approve ReS0|UtinO No. 06-02. authorizing @
Bike/Pedestrian Trail License with the Colorado [)epGdnleOt of Transportation related to the
Swift Gulch Road Bike Path Extension, in the Town of Avon. Councilor Ferraro seconded the
motion and it passed unanimously with 8 roll call vote.
Mayor Wolfe noted again that Resolution NO. 08-03, 8eh8S Of 2006, A ReSO|ubOO Determining
The Effectiveness Of C)ndingnms No 05-12. Relating To The Chateau St. Claire Planned Unit
Development the Gates was removed from the agenda.
New Business
Mayor Wolfe presented the Service Agreements for the following entities:
• Services Agreements with Eagle River Fire Protection District (Bob Reed. Public Works /
Transit Director) Agreement for fleet maintenance services
• Services Agreements with Western Eagle County Ambulance District (Bob Reed. Public
Works / Transit Director) Agreement for fleet maintenance services
Services Agreements with Eagle River VV8t8r & G8Oit8d0O District (Bob Reed. Public
Works / Transit Director) Agreement for fleet maintenance services
Council Sipes moved to approve the services agreements listed above; Councilor Buckley
seconded the motion and it passed unanimously.
Town Manager Report
Town Manager Larry Brooks gave recognition to the Finance Department for their recent award
from the Government Finance Officer's Association.
Mayor Report
Mayor Wolfe noted that the T[@OSpnrt8iiOD Center project is 3 joint project with Eagle County,
who will provide funds to construct the facility.
Consent Agenda
Mayor Wolfe asked for @ motion on the CODSerd Agenda below. COun[j|O[ Buckley DlOVed to
adopt the consent agenda; Councilor McDevitt seconded the motion and it passed unanimously.
a. Minutes from December 13'3O05 Regular Council Meeting
b. Resolution NO. 08-04. ReSO|UtiOO approving the |OC8UOO9 for posting the notices Of
public meetings (Patty yWoKenny. Town Clerk)
o. Renewal of Narayan'a Boulder Inc. d/b/m Nanayan'a Nepal Rentuunant, 47 E. Beaver
Creek Blvd. (Patty McKenny. Town Clerk)
d. CA877\ Agreement for fiscal Year 2007 FTA 5309 Funding Request (Bob Reed, Transit
Director) Joint request funding request with CASTA for FTA funds
Regular Council Meeting Page 4nv5
January 1o.2nos
There being no further business to come before the Council, the regular meeting adjourned at
8:10 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Debbie Buckley
Kristi Ferraro
Mac McDevitt
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe
Regular Council Meeting
January 10, 2006
Page 5 of 5
Memo
To: Avon Local Liquor Licensing Authority
Thru: Larry Brooks, Town Manager
Jacquie Halburnt, Asst. Town Manager
From: Patty McKenny, Town Clerk
Date: January 19, 2006
Re: Renewal Liquor Licensing Applications
Summary:
The following establishments have submitted renewal liquor licensing applications:
a. Renewal of Hotel & Restaurant Liquor License for Bob's Place LLC d/b/a Bob's Place,
100 W. Beaver Creek Blvd
b. Renewal of Retail Liquor Store License for Miller's Bottle Shop d/b/a Joe's Liquors, 1060
W. Beaver Creek Blvd
Discussion:
The Town Clerk, Town Attorney, and Avon Police Department have reviewed the applications
submitted for renewal of liquor licenses. Reports from the Police Department are attached.
Application materials are in order. The items have been scheduled as "consent calendar items" since
there are no concerns from any Town Department.
Financial Implications: There are local liquor licensing fees associated with renewal applications
that have been submitted to the Town.
Town Manager Comments:
Attachments: State of Colorado Renewal Applications, Memo from Avon Police Department
TOWN OF "ON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, JANUARY 24, 2006
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM TAMRA NOTTINGHAM UNDERWOOD
COUNCILORS DEBBIE BUCKLEY
KRISTi FERRARO
MAC McDEVITT
Amy PHILLIPS
BRIAN SIPES
TOWN STAFF
TOWN ATTORNEY: JOHN DUNN TOWN CLERK: PATTY McKENNY
TOWN MANAGER: LARRY BROOKS ASSISTANT TOWN MANAGER: JACQUIE HALBURNT
THIS MEETING IS OPEN TO THE PUBLIC; COMMENTS FROM THE PUBLIC ARE WELCOME
ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE
PLEASE VIEW AVON'S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND COUNCIL MEETING MATERIALS
AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND CITY MARKET
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
WORK SESSION AGENDA
MEETING BEGINS AT 12:45 PM
12:45 PM — 1:30 PM 1. SITE TOUR OF CONFLUENCE PARCEL
1:45 PM — 2:15 PM 2. APPROVAL OF WORK SESSION AGENDA & COUNCIL ASSIGNMENT UPDATES
a. Review & confirm 2006 Committee Appointments
b. U.S.F.S Land Trade Discussion
c. VVCTB & Beaver Creek Marketing (Councilor Phillips)
2:15 PM — 3:45 PM 3. Review of Avon's Comprehensive Plan as submitted by the Planning &
Zoning Commission (Rebecca Leonard, Design Workshop) Review of the
discussion held at previous meetings on 12/13/05 1/10/06 and additional topics
identified during those discussions
3:45 PM — 4:15 PM 4. Home Mail Delivery, U.S. Post Office (Matt Curry, Postmaster) Council will
discuss the absence of home mail delivery and potential options for improved service
with the Avon Postmaster
4:15 PM — 4:30 PM 5. 2006 Street Improvements Program Preliminary Design& Program
Overview (Norm Wood, Town Engineer) Review of 2 phases of the 06 street
improvements plan
4:30 PM — 5:25 PM 6. Joint Work Session with Planning and Zoning Commission
Pre-application meeting to review Traer Creek LLC concepts for the Village at Avon
PUD proposed amendment
5:25 PM 7. ADJOURNMENT
Avon Council Meeting. 06.01.24
Page 1 of 3
FINANCIAL MATTERS
January 24, 2006
1. YTD Building Revenue Report Actual vs Budget - December 2005
2. Detail -Real Estate Transfer Taxes - December 2005
3. Accomodations Tax Worksheet Actual vs Budget - November 2005
4. Sales Tax Worksheet Actual vs Budget - November 2005
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Town of Avon
Real Estate Transfer Tax
Calendar Year 2005
Purchaser Name
Property
Amount Received
November
$ 2,948,880.18
Timeshare Transfer
Christie Lodge Timeshare
2.00
Title Comp Rockies
Christie Lodge Timeshare
35.00
Title Comp Rockies
Christie Lodge Timeshare
16.00
1 st American Heritage
Christie Lodge Timeshare
40.00
Timeshare Transfer
Christie Lodge Timeshare
2.00
Timeshare Transfer
Christie Lodge Timeshare
3.98
Timeshare Transfer
Christie Lodge Timeshare
2.00
Timeshare Transfer
Falcon Pointe Timeshare
2.00
1 st American Heritage
Falcon Pointe Timeshare
120.00
1 st American Heritage
Falcon Pointe Timeshare
95.00
1 st American Heritage
Falcon Pointe Timeshare
30.00
Timeshare Transfer
Mtn. Vista 1203/1201 wk 8
300.00
Rice, Rice, & Rice
Mtn. Vista 1414/1416 wk 5
150.00
Holiday
Mtn. Vista 1618 wk 28
70.00
Timeshare Transfer
Mtn. Vista 1412/1410 wk 49
320.00
Title Comp Rockies
Mtn. Vista 1204 wk 40
60.00
Title Comp Rockies
Mtn. Vista 05 -44
1,514.60
Title Comp Rockies
Mtn. Vista 05 -45
3,874.50
Title Comp Rockies
Mtn. Vista 05 -46
4,648.80
Title Comp Rockies
Mtn. Vista 05 -47
1,704.80
Title Comp Rockies
Mtn. Vista 05 -48
2,184.50
Title Comp Rockies
Mtn. Vista 05 -49
4,283.90
Title Comp Rockies
Mtn. Vista 05 -50
2,314.70
Title Comp Rockies
Mtn. Vista 05 -51
4,408.90
Title Comp Rockies
Mtn. Vista 05 -52
4,203.00
Holiday
Lakeside Terrace C -204 wk 25
20.00
Title Comp Rockies
Lakeside Terrace 05 -46
380.00
Title Comp Rockies
Lakeside Terrace 05 -47
335.00
Title Comp Rockies
Lakeside Terrace 05 -48
659.70
Title Comp Rockies
Lakeside Terrace 05 -49
659.80
Title Comp Rockies
Lakeside Terrace 05 -51
145.00
Title Comp Rockies
Lakeside Terrace 05 -52
289.90
Title Comp Rockies
Lakeside Terrace 05 -50
619.90
Ryan Mahoney
Sunridge II Q -304
3,200.00
Mary E. Harper
Sunridge II K -103
4,500.00
Jay Paul Santangelo
Sunridge II R -204
4,600.00
Heidi & Patrick Telles
Sherwood Meadows I A -2
4,700.00
Cherie Jacobsen & Richard Nagel
Benchmark Condo D -10
2,700.00
John & Jo Ann Pick
Barrancas II N -42
3,400.00
Paul & Ave m. Lachiewicz
Avon Lake Villas M -1
8,400.00
William. M. & Patricia W. Mitchell
Season @ Avon 304
7,200.00
P. Kenneth & Joyce Servi
Lodge @ Brookside 203
10,100.00
Eilliam Teskoski
Stonebridge Townhomes 5
1,900.00
Joy Skills LLC
Avon Commercial Center 218
2,899.56
Town of Avon
Real Estate Transfer Tax
Calendar Year 2005
Purchaser Name
ATS, LLC
Gary R. & T. Jane Burden
Woodstone Homes Inc
Ben Kleimer
Zachary A. Littlepage
Margaret & Phillilp Lawrence
Dena & Andrew Soulakis
R. Schroeder Trust # 1
Mike Parsons & James Thomas
Robert Hagebak
Michael & Judy Gerrity- Jennifer Alagna
Robert & Wendy Maxwell
Property
Avon Town Square II 104
4673 Eaglebend Dr.
111 Swift Gulch 201
The Pines C
Orchard Townhome C -77
Lot 53 Blk 1 WR
Lot 96 -B Blk 1 WR
Lot 20 Blk 3 WR
Lot 18 -E Blk 4 WR
Lot 18 -W Blk 4 WR
Lot 42 -B -E Blk 4 WR
Lot 86 Blk 4 WR
Total December Revenue
Total YTD Revenue
Total 2005 Budget
Amount Received
17, 920.00
10,200.00
3,800.00
311.60
4,860.00
18,400.00
12, 380.00
35,900.00
18, 800.00
17, 600.00
24,000.00
27,900.00
279,166.14
3,228,046.32
2,100, 000.00
Variance, Favorable (Unfavorable) $ 1,128,046.32
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Design Workshop, Inc.
Landscape Architecture
Land Planning
Urban Design
Strategic Services
Memorandum
To: Avon Town Council
From: Rebecca Leo rd
Via: Eric . , ann, Tambi Kat'
Date: January 17, 2006
Project Name: Avon Comprehensive Plan
Project #: 3555
Subject: Meeting Agenda for January 24
The January 24 work session agenda is as follows:
I. Recap of Village at Avon
15 minutes
II. Recap of Housing Policies
15 minutes
III. Transportation
15 minutes
IV. Economic Development
15 minutes
V. Prioritization
15 minutes
Find the following information attached:
• Updated Future Land Use Map
• Updated Housing Policies
• Prioritization Matrices
Also, please bring your copy of the Comprehensive Plan for reference during the discussion.
Recap and Remaining Schedule:
Dec. 13: Jan. 24:
• "Clear Direction" amendments • Recap of Village at Avon
• Definitions, densities, and heights • Transportation
• Housing • Economic development
Jan. 10: Feb. 14:
• Recap of building heights • Final review and adoption (possible joint
• Village at Avon meeting with Planning Commission)
• View corridors
• Plan organization Feb 28:
• Back up meeting
D ES IG NWORKSHOP
Asheville • Aspen • Denver • Park City • Phoenix • Santa Fe • Tahoe • Santiago • Sao Paulo
120 East Main Street, Aspen, Colorado 81611 • (tel) 970 -925 -8354 • (fax) 970 -920 -1387
www.designworkshop.com
Mocuments and SettingsUatieMLocal Settings \Temporary Internet Files \OLK2 \060124 - TC agenda.doc
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Town District Planning Principles
Goa €v andf Polic €cE
interesting, niche retail and/or
manufacturing operations.
Policy E.3.11: Coordinate advertising of local
festivals and events with
window displays and special
promotions by area businesses.
Policy E.3.12: Seek marketing opportunities
for local businesses such as
restaurants and lodging to
capitalize on an overall
community image rather than a
single venue or event.
Policy E.3.13: Encourage collaborative
approaches between the various
community stakeholders, such
as but not limited to the Vail
Valley Chamber and Tourism
Bureau, Beaver Creek Resort
Company, Vail Resorts, Eagle
County School District, Town
of Avon Parks and Recreation
Department, and Eagle County
Library District to enhance
Avon's overall guest potential.
Policy E.3.14: Achieve greater use of existing
facilities in the community with
an expanded schedule of events
to strengthen the Town's year -
round guest potential and to
provide an amenity for local
residents.
F. Housing
1 Deleted: Pr
ovide
,{ Deleted:,
1 Deleted: in
,' ventory
i, ,
, ++ i
Deleted:
Ideally, a
housing
strategy
would take
Goal F.1: chieve a diverse range of u_alit hotlsin _ into
�` _ ' ` ` ` consideration
Lions to Serve diverse economic— the unique
segments and age groups of the population. opportunities
and
Policy F.1.1: Initiate a housing needs constraints
found in the
assessment to understand the community.
housing needs of the community Encourage
innovative
and establish policies and designs that
programs that would address contribute to
each of them, the quality
and diversity
of the
housing
stock.
Policy F.1.2: Encourage private development
Town of Avon Comprehensive Plan
Page 86
Town District Planning Principles
Goals and Policies
to include a diversity of housing
types, sizes, architectural styles,
and prices.
Policy F.2.1: Require that development,
annexations, and major
redevelopment,provides for ----- _ -
workforce housing,
Policy F.2.2: Require that workforce housing
is integrated with, rather than
separ—ate�ic -from, the rest of the
community.
Deleted: includes or otherwise
Deleted: within the community
Policy F.2.3: Aeguire _workforce housing to Deleted: Encourage
_ _ _ --
be close to existing
development, serviced by
transit, and close to
schools /child care.
Policy F.2.4: Establish a dwelling unit size
requirement for�yorkforce-------
housing,.
Policy F.2.5: Adhere to the principle of "no
net loss" to workforce housing.
Goal F.4: Participate in and support county -wide
housing policies and procedures.
Policy F.4.1: Participate and support the
county -wide down -paw
assistance program.
Policy F.4.2: Collaborate on ioint housing
studies and strategies.
Policy F.4.3: Adopting comparable housing
strategies as found in Eagle
County's Local Resident
Housing Guidelines .
Deleted: designated
- Deleted: units that effectively meets
the residents' livability needs
own of Avon Comprehensive Plan
age 87 01
Town District Planning Principlesi
G oafs a n d P o 1 i c i r-- s
Short Term Priorities:
POLICIES
PROJECT
PRIORITY*
West Town Center
West Town Center
District
Implementation
1
D.1.5, B.3.3
Update Land Use Regulations
I
G.2.2, G.2.3, G.3.3
Pedestrian Connection and
1
Circulation Plan
East Town Center
District
East Town Center Plan
I
2
C.4.1
E.3.8, D.2.3, G. 1.2
Signage, Wayfinding, and
2
Streetscapes
D.2.5
Community Gateways
2
E. 1. 1
Retail Analysis
3
G.1.15, G.5.1, G.5.2
Parking and Vehicular Connection
3
and Circulation
Nottingham Park
Park/Open Space Plan and
District
Nottingham Park District Plan
4
1. 1.6, B.2. 1, B.2.5
F.1.1, F.2.4
Housing Needs Assessment
4
A. 1. 1
Three-Mile Plan
5
H.4.1
Energy and Environmental
5
Resources Plan
1= Highest Priority
5= Lowest Priority
� own of Avon Comprehensive Plan
age 99
AV_� N
Town District Planning Principles
Goals and Poiicies
Long Term Priorities:
I= Highest Priority
5= Lowest Priority
Town of Avon Comprehensive Plan
T; Page 100
POLICIES-
PROJECT
PRIORITY*
G.2.4
Railroad Right of Way Preservation
I
1.1.7
Riverfront Park
1
G.1.9
Connection from Metcalf Road to
Beaver Creek Boulevard
I
C.1.4
Master Plans for Each District
2
D.3.4
Venue for Cultural Events
2
J.2.4
Cost of Growth Analysis
3
D.3.5
Public Art Plan
3
D.2.3
U.S Highway 6 Streetscape
3
D.2.4
Buffers from 1-70
4
E.3.6 Joint Visitor Center with Beaver Creek
4
G. 1. 14 Transit from Village at Avon to Town
Center Districts
4
G.4.1 Alternative Road Development
5
H.3.5 Educational Campaign Regarding Noise
5
I= Highest Priority
5= Lowest Priority
Town of Avon Comprehensive Plan
T; Page 100
L
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Jacquie Halbumt, Assistant Town Manager
Date: January 19, 2005
Re: Avon Post Office
Summary: I had lunch with Avon's Postmaster, Matt Curry, to discuss the possibility of home
mail delivery. This is by no means a new topic and prior Councils have discussed installing cluster
boxes, but no action has been taken. The question was posed again in an email to Council from David
P. Gossett (attached).
We've heard it before, and Mr. Curry confirmed, home mail delivery to your front door does not
appear to be a possibility in Avon. Several talking points emerged from our conversation and Mr.
Curry will attend the Council meeting prepared to engage in an open dialogue. The possible option
remains to install cluster boxes, however Avon would have to agree to certain conditions and submit a
proposal to the Denver office for consideration.
-Avon would have to pay for and install cluster boxes to serve every Avon resident. We would not be
able to phase in boxes or just require new development to install them. Sixteen boxes plus the cement
pad cost around $2000.
- Parking must be provided at the cluster boxes
- Maintain and plow the location, without plowing in the boxes
- Provide a plot map showing every street and every address.
- Address would have to be, for example, 0089 or 89. The computer would only recognize one or the
other. Unit numbers must be numbers only, no letters. Essentially, the addressing system would need
to be revised.
-The cluster boxes would need a new zip code. The 81620 number is maxed out in the computer
system.
-The Post Offices is estimating their cost at one million dollars annually to provide the personnel. This
number may come down because I believe they were including Eagle -Vail and Beaver Creek in the
figures.
-The Post Office will also have to remodel its building or build a new one to accommodate the
changes.
A few other items of interest we discussed were
-Mail services such at UPS, FED EX, and the Post office cross - reference their addresses to the 911
addressing system,
-Avon has 11,000 mailboxes, 7,000 of which are rented
-They see an average of 300 boxes turn over monthly
Town Manager Comments:
d�'_
• Page 2
A-ffaCA14e)A�
- - - -- Original Message---- -
From: David P. Gossett [mailto:dpg35@comcast.net]
Sent: Fri 1/6/2006 9:00 PM
To: Ron Wolfe; Tamra Underwood; Debbie Buckley email; Mac McDevitt; Brian
Sipes; Kristi Ferraro; Amy Phillips
Subject: Avon Postal Service
First off I request a response form each council member as what they are
going to do to remedy this problem.
Avon Home Postal Delivery.
Yes it is about time. The Avon Post office is a problem.
With the lack of local home delivery, we tax paying Avon citizens are not in
any "system" for home deliveries. UPS / Fed-Ex / DHL all cross reference out
shipping addresses with the good old USPS. If they USPS does not provide home
delivery, we are not in their system, hence we are denied some deliveries
from these other carriers. This is especially true when ordering items on the
internet. If you have not experienced it, try a nationally know site like
"crutchfeilds" the electronic supplier.
They cross reference the addresses to prevent fraud. I have lived here at the
same address for 14 years. It is not fraud, it is a Christmas present. Then
to boot some will not send to an address if it is not the address listed on
the credit card for billing.
What century are we living in? This is third world service.
Many companies will not ship to a Post Office Box either.
I do not have an Avon PO Box, cause when they opened, they were short boxes.
Then the horror stories started about lost mail, and bad service. They
continue even today. When the USPS decided that they were required to then
give free boxes to residents in Avon. They ran out. I tried several times,
and after the rude way I was treated and no available boxes. I gave up.
The traffic at the Avon office is terrible. This alone should prompt action.
People,
Having home delivery in Avon is considered a "Basic Community Service"! it
is not like I live 30 miles out of town down a dirt road, no I live 2 mile
for the post office. Pathetic ! Time to take care of the people who pay the
taxes in the town. That is why you were elected. You seem to be able to go to
bat for the deep pocketed developers. What about me?
It is time to step up to the plate and force the USPS to do their job.
I am sick and tired of hearing the same old excuses. If you shove a $900 fine
for a non-compliant trash can down my throat, the you can pass an ordinance
that Home Delivery be enforce, or it is a $900 fine per household per day,
that they do not comply.
You guys take on every other government entity to get what you want, the
Railroad, Army Corp of Engineers for a water park, CDOT, ect, ect. Time to
take on the USPS.
I need to hear from each one of you on what you propose to do, no excuses!
David P. Gossett
V4 = •
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Enginee
Jeff Schneider, Engineer II
Date: January 13, 2006
Re: 2006 Street Improvement Program Preliminary Design and Program Overview
Summary
This memorandum is to provide notice that the preliminary design for the 2006 Street
Improvement Program will be presented to the Town Council at the January 24, 2006 Council
Work Session. Exhibit A includes plan sheets for your review prior to the meeting. Full -size
plan sets will be available at the work session.
The project generally consists of two phases. Phase 1 is a 2" mill and overlay from the
northern edge of Roundabout 3 to Nottingham Road. Phase 2 is a 2" overlay of Wildridge
Road from Wildwood Road to the 4 -way intersection at Bear Trap Road. The portion of
Wildridge Road will be widened and an 8 -foot wide delineated pedestrian lane will be added,
similar to the improvements conducted on Old Trail Road in 2005.
The Phase I work on Avon Road will require receipt of a CDOT access permit since a large
portion of the area is within the 1 -70 right of way. Response times for submittals to CDOT are
not anticipated to be very prompt, and that could be a limiting factor in determining
construction schedule. Traffic control in dealing with the interstate highway ramps will also be
a challenge. To minimize the effect on the public, staff is planning on conducting the work
within the CDOT right of way during the spring shoulder season. Night work may also be
promoted in that area since it is far from residential areas and traffic volumes are substantially
lighter.
Phase II of the project includes a 2" overlay from Wildwood Road to Old Trail Road, and a
widening and overlay from Old Trail Road to Bear Trap Road. The lane width will be
decreased to 10.5 feet to aid in traffic calming. Since volumes are substantially higher than
those on Old Trail Road, 10.5 -foot lanes are preferred over 10 -foot lanes. The pedestrian
path will be delineated by rumble strip, and will be located on the North /East side of the road.
A striped crosswalk will be added to the intersection of Wildridge Road and Old Trail Road to
aid in crossing from the path on Old Trail Road to the newly constructed path on Wildridge
Road.
Funding for this project is provided by two means: the 2006 Paving funds and the Wildridge
Traffic Calming funds.
CADocuments and Settings \nwood \Local Settings \Temporary Internet Files \OLK23 \Council design presentation memo 1- 24- 06.doc
Attachments:
Exhibit A — 2006 Street Improvement Preliminary Design Plans
Town Manager Comments:
• Page 2
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General Notes
1. The Contractor shall schedule a preconstruction meeting
with the Owner and the Engineer at iecst 48 hours prior
to the start of construction. Plans will be
distributed at this meeting. No construction will be
permitted prior to the preconstruction meeting.
2. The Contractor is worried that conflicts with existing
utility services may exist. Prior to beginning any
construction, the Contractor shall contact all
appropriate utility companies for line locations. He
shall then locate all utilities (including depth by potholing).
Any conflicts with the proposed construction shod be
brought to the attention of the Engineer so that minor
line or grade changes can be made to eliminate any
conflicts with these existing utilities. All existing
utilities shall be protected from damage by the
contractor. Damaged utilities shall be repaired by the
contractor at no expense to Owner. Contractor is responsible
for coordinating construction with CDOT and other interested
entities.
3. Contractor shall obtain at his expense ail permits and
inspections which are necessary to perform the proposed
work. Permits shall be obtained and inspections
scheduled a minimum of 48 hours in advance of
construction.
4. All construction shall conform to municipal, district and
COOT standards and specifications and be subject to
construction observation by their representatives.
Copies of municipal and district standards must be
obtained by the Contractor. Contractor shall have one
(1) signed copy of the plans and a complete set of the
Contract Documents on the job site at all times.
5. Contractor shall not scale drawings for construction
purposes. Any missing dimensions or discrepancies in
plans, field staking or physical features shall be
brought to the attention of the Engineer. If
Contractor proceeds with the work without notifying the
Engineer, he does so at his own risk.
6. If construction documents are unclear, or if errors or
discrepancies are discovered, the Engineer shall not be
liable If the Contractor or client makes his own
interpretation of and /or revises the original Intent of
the construction documents and design drawings.
7. Observations of the work in progress and /or field testing
performed by the Engineer shall in no way excuse the
Contractor for defects discovered in his work.
8. Unless otherwise specified or indicated in the details, all disturbed areas
shall be compacted to 95% Standard Proctor Density (ASTM D -698),
9. Compaction testing may be done periodically by the Owner.
These tests are intended to provide the Owner a greater
degree of assurance that the contractor is complying
with compaction requirements. The Contractor is not to
rely upon these tests for fill control, nor are these
tests to be construed as o guarantee by the Engineer of
the Controctor's contractual obligation.
10. Safety is the sole responsibility of the Contractor. The
Engineer is not responsible for safety in, on, or about
the project site, nor for compliance by the appropriate
party with any regulations relating thereto.
it. The Contractor shoal provide all lights, signs,
barricades, flagmen or other devices necessary to
provide for public safety in accordance with the
current Manual of Uniform Traffic Control Devices,
including the State of Colorado Amendments.
12. The Contractor shall at all times keep a separate full
set of contract drawings marked up to fully indicate
os —built conditions. Said drawings shall be provided
to Inter — Mountain Engineering upon completion of the
work. As —built drawings will be compiled by Inter —
Mountain Engineering prior to final acceptance.
Contractor is to provide at least two ties from
physical monuments to all fittings, service line
stubs and manholes.
13. Sediment and erosion controls shall be installed
to meet Town of Avon and CDOT specifications.
14. Disturbed areas shalt be revegetoted in a timely monner
with a minimum of 4 inches of topsoil and an acceptable
local seed mix.
15. Cut and /or fill slopes sholl not exceed 2 horizontal feet
to 1 foot vertical.
16. Construction stoking to be performed by a Colorado Licensed
Professional Land Surveyor.
17. All work done in the highway right —of —way shoal conform
to the latest COOT Standard Specifications for Road and Bridge
Construction. Copies of the standard specifications must
be obtained by the Contractor.
THE TOWN OF A VON
EA GL E COUN T y COL ORA D O
VICINITY MAP
SHEET INDEX
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NOTES
1. ADD FULL DEP71Y APPHALT SEC7IQV TD pIEA 7E 8'
IWDE PEDESTWAN LANE. STRIPING AND TRA W l LANES
WILL NEED TO BE SHIFTED ACCOQD/NGL.Y.
2. CREA IF TWO (2) 105 -FOOT WIDE IRA YEL LANES
i INSTALL RUMBLE STRIPS B 7WEEN IHE
NCR77f-BOUND LANE AND PEDE57AYAN PAIN.
4. ADD NEW DOUBLE 4' SOLID YELLOW SIMPING DOWN
NEW CEN7MALI OF ROADWAY.
5 ADD NEW S/NDLE 4' SOLID W}87E STRIPE 70
DEL7NEA 7E BETWEEN EAST BOUND IRA Lf2 LANE AND
PEDESIR/AN/B/KE PAIN.
S. D17CH REGRADING 1WLL BE REWIRED.
7. SANWT EX. ASPHALT 1' BACK AND RfWOYE
ASPHALT d BASE 70 5' BELOW EXISTNG GRADE.
MILL 20 FT OF EXISTING ASPHALT E S
TO MATCH OVERLAY INTO EXISTING
PAVEMENT GRADE.
LIMITS OF CONSTRUCTION
1
REMOVE AND RESET J
GUARDRAIL TO 2' OUTSIDE ! j
OF PEDESTRIAN PATH
PEDESTRIAN PAVEMENT MARKING ON
`�f)
GRAPHIC SCALE
PATH NEAR INTERSECTIONS (TYP).
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f- "''�
( III FEET)
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NOTES
1. ALL ASPHALT, TACK COAT, AND PRIME COAT,
MATERIALS AND WORKMANSIIIP SHAD.
COMPLY WITH MUNICIPAL REQUIREMENTS,
2. ALL ASPHALT WHICH IS TO BE REMOVED IS TO
BE CUT TO STRAIGHT AND CLEAN EDGE
USING POWER SAW.
3. SOILS TO BE PLACES AT - 2 TO +2X OF
OPTIMUM MOISTURE CONTENT.
ASPHALTIC CONCRETE SAWCUT
OVERLAY 2? MIN*'INGPAWMENT PAVEMENT
4' ASPHALTIC CONCRETE
COMPACTED TO 95COMPACTED
TO 95X
STANDARD PROCTOSTANDARD
PROCTOR
V MIN.
EXISTING PAVEMENT
SECTION
W
9' CUSS 8 BASE COURSE
COMPACTED TO
TOR STANDARD PROCTOR
EXISTING ASPHTACKED
PATH EMULS
��
SCARIFY AND COMPACTS*
SAWCE
EXIST
EXISTING SUB GRADE TO
95X STANDARD PROCTOR
AND BASE
NG
PAVEMENT WIDENING
SAWCUT DETAIL
PER PAVEMENT SECTION
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2 1/2' (MIN.) ASPHALTIC CONCRETE OVERLAY
COMPACTED TO 95% STANDARD PROCTOR
EXISTING ASPHALTIC CONCRETE
— EXISTING BASE COURSE
— EXISTING SUBGRADE
TYPICAL ASPHAL T SEC77ON W17H OVERLA Y
NIS
4' ASPHALTIC CONCRETE IN TWO LIFTS
COMPACTED TO 951 9 CLASS 6 BASE COURSE
STANDARD PROCTOR COMPACTED TO 95X
STANDARD PROCTOR
SCARIFY AND COMPACT 8'
EXISTING SUB GRADE TO
95" STANDARD PROCTOR
FULL DEPTH CONS7RUC77ON OR
REPLACEMENT PA VEMENT SECTION
NTS
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• •
II�C-�uL�,
To. Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Tambi Katieb, Community Development Direc�o
DaLx- January 18, 2006
Re. Work Session Request- Village At Avon PUD
Background:
C 0 L 0 R A D 0
Traer Creek LLC, after withdrawing application for amendment to the Village at Avon PUD,
has requested a formal work session with Council to review development concepts for the
project.
It is anticipated by the developer that a review of overall concepts for the project will provide
a better understanding of the development plan for the project in total, and will benefit the
Town in reviewing a re-submitted PUD amendment application.
Staff has also invited Planning and Zoning Commission members to attend.
Town Manager Comments:
Community Development Update to Council — Work session with Village at Avon
January 24, 2006