TC Minutes 05-15-1979MINUTES OF THE SPECIAL MEETING
OF THE T014N COUNCIL MEMEBERS
OF THE TOWN OF AVON
May 15, 1979
7:30 P.M.
A special meeting of the Town Council Members of the Town of Avon, Colorado
was held in the Town Office, second floor, Benchmark Center, Avon, Colorado.
The meeting was called to order by Mayor Pro Tem, Carol Richards at 7:40 P.M.
Council members in attendance were Richard Casserley, William Doyle, Steven
Erickson, Allan Nottingham, Carol Richards and James Wells. Mayor Angelo
Alpi was absent. Also present were Town Attorney John Blish, Mike Blair
and members of the Press.
An endorsement of Eagle County and Environmental Health Officer, Erik Edeen
as the implementing agency for solid waste resource recovery was the
first item on the agenda. After discussion, Steve Erickson motioned
that the County be so endorsed; Jim Wells seconded and the motion was un-
animously carried.
The next item of business on the agenda was the Sunridge at Avon, Final
Subdivision Plat. Representativetof the Pacific Heritage Corporation
were not present, however, and this item was tabled.
The first reading of Ordinance 79-9, Subdivision Regulations was then
held. Carol Richards explained that the Town had received professional
expertise in reviewing the ordinance from Claycomb Engineering Associates,
Inc. Further discussion scheduled the public hearing and second reading
of Ordinance No. 79-9 for a Special Council Meeting at 7:30 P.M. on May
29.
On May 22, the public hearing and second reading of Ordinance No. 79-12,
Zoning Code for the Town of Avon is scheduled. A discussion of possibly
tabling this matter at :the May 22__meeting..to the May,29;meeting.was held and
generally agreed upon.
Steve Erickson motion d that Ordinance No. 79-9 "AN ORDINANCE ADOPTING
SUBDIVSION REGULATIONYFOR THE T014N OF AVON, COLORADO; PROVIDING DEFINITIONS
OF CERTAIN TERMS AND SETTING OUT CERTAIN PROVISIONS, PROCEDURES, REQUIREMENTS
AND STANDARDS; PROVIDING FOR VARIANCES AND EXEMPTIONS; AND SETTING FORTH
DETAILS RELATING THERETO," be approved on first reading with the public
hearing and second reading scheduled for May 29. Seconded by Richard
Casserley, with a roll call vote taken and all Council members voting yes.
Mike Blair then presented to the Council the proposed Benchmark at Beaver
Creek Subdivsion Plat, specifically Amendment No. 3 to the Official Plat
for the Town of Avon and Amendment No. 7 to the Final Subdivision Plat
for Benchmark at Beaver Creek.
Mr. Blair said the purpose of the amendment was to replat Tract A of lots
11, 38, 39, 40 & 41 in Block 1 of the Benchmark at Beaver Creek Subdivision.
The purpose of replatting is to establish a standard municipal road, ex-
tending from the present road where the cul-de-sac is graded and platted-
north to the property line for Section 2, Blair said.
He continued that a standard road has never been Platted in the area be-
cause the lots were in a different configuration that they are presently.
Another purpose is to provide access to any future development that may
occur to the north which is now being considered as the Wildridge De-
velopment should that occur (Wildridge) there would be an adequate
public road alignment.
The change involved, Blair went on, would be a minor change to Tract A,
which is an open space tract, specifically a change to lots 11, 38, 39,
40 and 41 with no new lots added and no change in land use (will remain
-2-
Industrial-Commercial). Just the size and shape to conform to the newly
platted road will change, along with a slight change in the lot location
because of the new access from the proposed road platting.
Providing the Council with more detail, Blair pointed out lots 11, 38, 39,
40 and 41--Metcalf Road extending from the cul-de-sac, generally at the .
corner of lot 11, northerly along the stream bank to the section line. Blair
said that the plat indicates an extension of the present 50' wide right-
of-way in the presently platted area. He noted that with future develop-
ment the road-way may need to be widen, therefore, a wider right-of-way
should perhaps be platted now. This right-of-way could be widen to 30'
feet of either side of the center line, without disturbing the plat, but
lot acreage and dimensions would change slightly, he said.
Carol Richards stated that planning a wider right-of-way now would be
wise in case future traffic problems did arise.
In answer to Steve Erickson question of whether the road would be built
to a 24' road width, Blair replied that a width had not been specified--
but the purpose of the Plan Review was to see what the Town would prefer.
Blair added that plans are for a 4' to 6'minimum wide shoulders, gravel
based.
In answer to Bill Doyle's question of where the water tank will be located,
Blair replied that it will be 400' northerly of the property line and adja-
cent to the road right-of-way in a open space tract and 2' below the road
surface. He said they would allow easier maintenance access and a lesser
amount of excavation. The tank will also be earth covered and hold
one-half million gallons, Blair said.
He continued that he had presented the Building Department a set of road
construction plans, including plans for all of Section 35, with 2 typical
road-way profiles on the widest road-way (a curve) and on the narrowest
road-way (on a short cul-de-sac.)
Carol Richards asked how soon for paving purposes the developers would
need Town approval and if the proposed engineers could check the plans
over first.
Jim Wells explained that Avon Metropolitan District with this approval,
could go ahead and contract the water, Benchmark could go ahead and
contract the road subject to approvals, but get the road blatted in where
it's platted and then hold off on most of the road work until everything
is approved. He said this step would gain access to the tank site, the
water lines could be installed and the road could be packed and paved this
year going all the way up.to the top of the hill.
Mike Blair added that in most of "this stretch," including up to the top
of the hill on Section 35, the utilities won't have to be in the road-way.
They can be outside in the open space area- which will avoid some settling
problems around utilities, assuming the road base itself is compacted.
Mike Blair continued that it was necessary to improve the access now, so
that construction/maintenance people and equipment can get up to the water
tank. He said the District would prefer this, with less scarring of the
land and less cost and waste if the grading could be done within the future
road alignment.
Jim Wells added that basically they now needed grading and paving.
Mike Blair mentioned that the culverts would vary with the particular
drainage way e.g. 72"csp for first crossing of Metcalf Creek and another
at 60"csp.
Steve Erickson stated that he would like to see a revision to show a
total 60' right-of-way. Mike Blair responded that the lot areas do
have to be recomputed and the actual description of the road--right-
of -way would have to be recomputed before the plan could be submitted
to the consulting engineers. He added that the plan could be submitted
to the consulting engineers for initial review with certain instructions
such as widening the right-of-way.
• •
-3-
Mike Blair stated that there would be no drastic problem with going to
a 60' right-of-way, but that'it may effect the'manner in which access is graded into
the adjacent lots.
He said after a lot of discussion and review of the dedicatory statements,
they had been changed significantly from what was originally placed on
the plat.
Steve Erickson moved to recommend preliminary approval of the Final
Subdivision Plat, Amendment No. 7 and Final Town Plat, Amendment No. 3
Benchmark at Beaver Creek, contingent upon the Town Attorney reviewing
the dedicatory statements and also contingent upon review by a Town
designated engineers. The motion was seconded by Bill Doyle with
a roll call vote taken and all Council members voting yes, except for
Jim Wells and Allan Nottingham who abstained. With a majority of the
Council members in favor of the motion, it so carried.
The Council acknowledged receipt of the letters from the utility co-
panies and covenants, including party wall covenants, from A.J. Wells
relating to the resubdivision of Lot 8, Block 2, Benchmark at Beaver
Creek. Delivery of these documents to the Town was pursuant to final
approval of said resubdivision given earlier this year.
Steve Erickson questioned the possiblity of establishing a policy whereby
duplex lot owners would follow a certain procedure for subdivision without
formal review by the Council (formal approval would stiil be required by
the Council.) John Blish suggested that such action could take place
through a staff reviewal process.
In formulation, Carol Richards, Jim Wells, Steve Erickson and John Blish
made various suggestions that subdividing of duplex lots be accomplished Z
by the addition of an. index to the minor subdivision process, in connection
with Design Review Board and staff approval.
Jim Wells and Carol Richards asked John Blish to contact Jay Peterson in
reference to how the Town of Vail handles subdivision of a duplex (with
certificates of occupancy on both sides.)
The Resubdivision of Lot 419, Block 2, Benchmark at Beaver Creek, Amendment
No. 4, the Wheeler-Piper Tri-Plea was the next item discussed. Carol Richards
explained that the subdivision had previously been approved by the Council.
However, she stated the action was invalid because the applicant had not
shown a double garage on Parcel C of the plat. Therefore, the subdivsion
had to be redone with another Council approval.
While reviewing the mylar, the Council discovered that some explanation of
how the owners' agreement for the property required common areas to be
maintained was needed or condominium declarations and by-laws.
The Town Clerk was instructed to write a letter to John Wheeler asking for
such an agreement.
Jim Wells motioned that the Council approve the plat for resubdivision of
Lot 19, Block 2, Benchmark at Beaver Creek, Amendment No. 4, with the
addition of a double car garage, subject to the Town receiving the agree-
ment relative to all of the common areas. Seconded by Bill Doyle and
unanimously carried.
Final approval of Helmut Lilischkies condominium map for Lot 3, Block 2,
6 units was then reviewed. Carol Richards explained that the Council
t f
had granted preliminary approval subject to whether Empire Savings would
in turn, approve the condominium map. According to the applicant, the
lending institution had so approved.
Jim Wells noted that the previously installed park sprinkler system (in
part) might now be included in the map.
Jim Wells moved that the Councit approve the condominium map for Lakeview
at Benchmark Condominiums, Lot 3, Block 2, Benchmark at Beaver Creek, Amend-
ment No. 4, Building B, subject to the owners providing condominium
declarations to the Town. Richard Casserley seconded the motion and
it was unanimously carried.
Jim Wells made a second motion that before the above approval is transmitted
to the owners, that the Building Administrator check the plat for errors
and the Town Attorney review the language for obvious and subtle errors.
Seconded by Bill Doyle and unanimously carried.
John Blish stated that he would ask the owners for a $25.00 review fee
for the above action.
A review of the Claycomb Engineering Associates, Inc contract for Town
of Avon Subdivision Review Services was the final agenda item.
John Blish pointed out the Council the following contract problems:
1'.) Page 2-- "All accounts not paid within thirty days of statement
date shall be subject to FINANCE CHARGES." Blish suggested this be written
to include a more liberal finance agreement.
2.) Page 3--Under section 6, Termination, Blish suggested that a
statement be inserted to read: "The agreement may also be terminated by
the owners (Town) upon 30 days written notice to the engineer and under
such circumstances no reason need be given for such termination.
3.) Page 4, section 9, Blish pointed out that the Town is required
to give notice to potential subdividers of the engineering right to waive
liablity.
Concerning this same section, Jim Wells objected to the fact that the
contract removed the engineers from any responsibilty for accuracy of
design. Steve Erickson also objected to the fact that the engineers
did not assume any responsibilty for practical engineering standards.
John Blish agreed to contact Claycomb Engineering Associates for a new
contract.
There being no other business, Steve Erickson moved that the meeting be
adjourned at 10:40 P.M., seconded by Richard Casserley and so carried.
Respectfully submitted
Town Clerk