TC Res. No. 1987-05RESOLUTION NO. 87-5
SERIES OF 1987
A RESOLUTION APPROVING PRELIMINARY PLAN FOR EAGLEWOOD SUBDIVISION
AND ESTABLISHING CONDITIONS FOR PROCEEDING TO FINAL PLAT
WHEREAS, Avon Ranch Company, a Colorado General Partnership has
submitted a Preliminary Plan for Eaglewood Subdivision, a subdivision of Parcel
2 of the Meyers Ranch Annexation to the Town of Avon; and
WHEREAS, the Town Council of the Town of Avon has held a public hearing
at which the applicant and the public were provided the opportunity to present
their concerns regarding the proposed subdivision; and
WHEREAS, the Town Council of the Town of Avon has reviewed the Preliminary
Plan for Eaglewood Subdivision for conformance with the guidelines and conditions
of the Sketch Plan approval, Subdivision Regulations, Zoning Regulations and'the
Master Plan of the Town of Avon; and
WHEREAS, the Town Council of the Town of Avon finds the Preliminary
Plan for Eaglewood Subdivision is in general conformance with guidelines and
conditions of the Sketch Plan approval, Subdivision Regulations, Zoning Regulations
and the Master Plan of the Town of Avon.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO THAT:
The Town Council of the Town of Avon, Colorado hereby approves the
Preliminary Plan for Eaglewood Subdivision, a subdivision of Parcel 2 of the
Meyers Ranch Annexation to the Town of Avon, subject to the following conditions
on development of the Final Plat:
1. The Final Plat include a properly signed statement indicating the
irrigation ditch owner approves the irrigation ditch easement as
shown on the plat.
E
2. The Final Plat include a provision for the dedication or conveyance
of Tract W to the Town of Avon no later than April 1, 1997.
ADOPTED AND PASSED THIS 10TH
DAY OF FEBRUARY , 1987.
TOWN OF AVON
Ilan R. No ingham, Mayor
-2-
January 28, 1987
Contra Ltd.
Attn: Glenn Palmer
P.O. Box 97
Edwards, CO 81632
RE: Eaglewood Subdivision - Preliminary and Final Plat
Dear-Glenn:
The Avon Town Staff has reviewed the Preliminary and Final Plats for Eaglewood
Subdivision as received on January 20, 1987. The following comments are in
response to that review:
1. The bearing of one line on the plat does not match previous bearings
shown for this line or the metes and bounds description contained in
the Certificate of Dedication and Ownership;
2. Some additional dimensions must be provided to fully define some
dividing line and easement locations;
3. Additional curve data is required for those portions of curves created
by the intersection of dividing lines or easements;
4. The 7.5' Drainage, Utility and Public Pedestrian Easement along the
easterly line of Lot 1 is not shown on the Preliminary or Final Plat;
5. A utility plan as required by Section 16.40.320 of the Avon Municipal
Code was not included with the submittal;
6. The Land Use Summary for Lot 2 must separate the land under water from
the remainder of the Lot area. Section 17.04.050 of the Avon Municipal
Code states, "there shall be excluded from the calculation in determining
allowable density those areas of the development tract under water and up
to the mean waterline,...";
7. The exclusion of land under water from the total area of Lot 2 may reduce the allowable density to.less than the 51 Residential Development Rights
shown on the plat;
0
0 •
January 28, 1987
Contra Ltd.
Eaglewood Subdivision - Preliminary and Final Plat
Page 2 of
8. No provisions have been made for the dedication of Tract W or the
public open space easements. The following modification of the
Certificate of Dedication and Ownership is suggested as a method of
accomplishing this dedication: . and dedicate for public use
(1) the streets shown herein including avenues, drives, boulevards,
lanes, courts and alleys, and (2) Tract W and drainage, public pedes-
trian, parkland and open space easements to the Town yo von,... ;
9. The following general note should be added to the Final Plat to clarify
the allowed public uses of the easement:
Drainage, public pedestrian, parkland and open space easement shall
be for use of the general public which use shall not be limited or
interfered with by declarant or its assigns.
10. The Preliminary Drainage Report for Eaglewood Subdivision indicates a
number of potential problem areas such as overflows from the irrigation
ditch and flows from culverts under Highway 6, but does not address
solutions to these potential problems.
The following general note should be added to the Final Plat,to assure
that these potential problems will be addressed in the development
plans for each site:
No development will be permitted except in accordance with detailed
drainage plans providing for the control of drainage and irrigation
ditch flows across the site as required for protection of the site
development.
We will continue with our review. upon receipt of your response to the above
comments. If you have any questions regarding the above, please contact me.
Sincerely,
Norm Wood-
Director of Engineering
and Community Development
Copy/ File
NW/mml
• •
• community designers
o `ra
ftlil~w
Ckd • engineering
• surveying
prompt effective service
February 2, 1987
Mr. Norm Wood
Director of Engineering
and Community Development
Town of Avon
Box 975
Avon, CO 81620
8044 Kipling Street
Arvada, Colorado 80005
(303) 431-0505
P.O. Box 97
Edwards, Colorado 81632
(303) 949-4640
NECE IVOTEB 31987
RE: Eaglewood Subdivision - Preliminary and Final Plat. Town
Comments per letter January 28, 1987.
Dear Norm:
We have reviewed your comments and revised the plans
accordingly. Following is a response to those comments, in the
same order as your letter:
1. We have changed this bearing to match previously
platted subdivisions abutting the property.
2. Additional diminsions have been provided to fully
define easement locations. If you feel we need
additional information, please contact me.
3. Additional curve data has been added to tie down the
easement.
4. The 7.5' Drainage, Utility and Public Pedestrian
easement has been added to the easterly' line of Lot 1
as shown on the sketch plan.
5. The utilities have been-plotted on the preliminary
plan. Since this plan has a lot of information on it,
we can submit a separate plan with just utilities
plotted on it, if you would like.
6. The land use summary has been revised per your request.
Lot 2 (3.329 acres) includes 2.029 acres above the Mean
Annual High Water Mark, of wh-ich 0.5051 acres is within
the P.P.,P.A.O.S. easement. 1.300 Acres of Lot 2 is
under water.
0 0
7. 2.029 Acres x 25 residental development rights per
acre gives 50.73 RDR's. I have truncated this to 50
(fifty) RDR'S for lot 2, leaving 140-50 = 90 RDR'S for
Lot 1. 4.709 acres Lot 1 x 25 RDR'S/acre = 117 RDR's,
so the 90 proposed is ok.
8. The Cer-tificate of Dedication and Ownership has been
revised to include the dedication of Tract W as a
D,PP,PAOS easement. The provision to dedicate Tract W
to the Town of Avon has been indicated on the general
notes. Ownership of Tract W will be retained by Avon
Ranch Company until 1). construction of Eaglewood
Condominiums is completed, or 2). 10 years, whichever
comes first.
The certificate also dedicates "easements shown hereon
for their respective purposes only". The, easement on
Lot 2 has been, revised to dedicate the easement as
"Parkland easement for the Town of Avon, Drainage,
Public Pedestrian, and Open Space easement".
9,10 These notes have been added as general notes to the
plat.
Sincerely,
J JAS
Glenn Palmer, PE
GP:ljf
Q
C tra community designers
Ad • engineering
• surveying
prompt effective service
January 22, 1987
Mr. Norm Wood
Town of Avon Engineer
Box 975
Avon, CO 81620
Dear Mr. Wood:
FOR YOUR INFER ATiON
c,L c=- 4VO-0P
8044 Kipling Street
Arvada, Colorado 80005
(303) 431-0505
P.O. Box 97
Edwards, Colorado 81632
(303) 949-4640
The Eaglewood Plat (sketch, preliminary, and final plats) was
scheduled to be heard by the Town of Avon Council on,-Tuesday,
January 27, 1987 We would like to postpone this submittal by 2
weeks to be heard by Town Council on Tuesday, Febuary 10, 1987.
~ U4"J~
Glenn Palmer,-PE
GL:ljf
cc: Jon Werner
Tim Garton
• FOR YOUR Iii, P001 M'.AMON
C6146~ -'J9)00`0 COLORADO SKI RESERVATIONS
DRAWER 5240. AVON, CO 81620
BRECKENRIDGE PHONE. 303/453-9613
AVON PHONE. 3031949-0229
January 2, 1987
Town of-Avon
Avon Town Council
P.O. Box 975
Avon,-CO 81620
Dear Town.Council;
As President of the Sunridge" Phase 2
condominium owner in the project, I
behalf of all the owners in Sunridge
Eaglewood at Vail project.
Homeowners' Association and as a
am wr1ting'at this time on the
Phase 2 regarding the proposed
I have read the brochure on the proposed project, read all the-current
articles in the local newspapers and discussed the situation with--many
of=our homeowners and local residents to obtain a general opinion on the
project': Although we certainly can't prohibit the building of the
Eaglewood we do have several concerns which we want the Town Council
and the Planning and Zoning Board to be aware of. These concerns are as
follows listed in no particular order of concern:
1.--Sunridge Phase 2 is situated on approximately 11 acres
of land and contains 198 units in total: The acreage of the new project
is approximately 6 acres, yet the developer has proposed building
between 185 to 210 units.This would indicate that the ratio of-units to
acerage would be double what we already have in Sunridge Phase 2. From
our first hand experience in the past 5 years, we feel that Sunridge
is already at the maximum reasonable density for a housing project of
this type. When you consider such problems as parking, trash.accumulation
and removal, snow removal, noise, available open-'space, fireplace
emissions and privacy for residents, allowing approximately 200 units
on a six acre parcel of land which is substantially lower than the roadbed
of Highway 6 to the south and is located directly across the Eagle
River from the Rio Grand Railroad tracks and a very high cliff will
cause dissatisfaction among future tenants and homeowners.
2. Although no specific sales price have been published
to date, we have heard that a proposed price for a two bedroom unit
would be approximately $85,000. We feel that this price is incredibly
unrealistic and if the developer needs this price to make an adequete
profit, then Eaglewood will become one additional unfinished eyesore
in the Town of Avon. Do to the initial sales prices and high financing
rates, we have suffered through nearly 50 foreclosures or 25% of the
entire project in Sunridge 2 over the past five years. These foreclosure
sales have created a buyers market and dropped the effective current
sales price of a furnished 2 bedroom unit by nearly 50% during this
time period. Prices currently range from as low as the high 40's to
the low 60's with the average being approximately $55,000. It is
obvious that the developer requires the additional densities to make
• •
the Eaglewood project work financially, however, we can't understand
how they can expect to sell the proposed units for $30,000 more than
a comparable Sunridge unit especially considering their inferior
location.
3. Based on the floorplans and renderings contained
in the Eaglewood brochures, the most complimentary comment which I
have heard to date is that the project looks like a Motel 6 with
dormers. As a developer myself, I must say that the floorplans
strongly suggest the use of pre-fabricated modules to cut construction
costs. Although this type of construction doesn't necessarily have
to look unattractive, it is imperative that the Planning and Zoning
Board be especially attentive to detail on this type of project. The
Sunridge 2 homeowners are quite concerned about the aesthetics and
quality of construction of the Eaglewood project adversely affecting
the marketability and value of their units.
4.Our fourth concern is that the proposed platting to
be acted upon by the Town Council will allow the Eaglewood developer
to mass their buildings as close as 7.5,' from the-east common lot line
with Sunridge Phase 2. This is probably necessary to allow the developer
to accomodate 200 units on the available land, however, we can't see
how sufficient landscaping can be placed on such a small amount of
land to insure privacy for both-Sunridge 2 and Eaglewood residents.
These are our primary concerns and•if either the Town Council or the
Planning and Zoning Board would feel that our further involvement
would be helpful in the matter, I would-be more-than happy to attend
any meeting concerning this matter.
Si•n rely,
Gregory K ft, President
Sunridge Phase 2 Homeowners Association
•
TO: BILL JAMES
FROM: NORM WOOD
RE: EAGLEWOOD SUBDIVISION
RESOLUTION NO. 87-1
EAGLEWOOD SUBDIVISION
RESOLUTION NO. 87-5
- SKETCH PLAN
- PRELIMINARY PLAN
•
A Sketch Plan for the Eaglewood Subdivision was presented to the Avon Town
Council at the January 13, 1987 meeting. Eaglewood Subdivision,is a proposed
subdivision of Parcel 2 of Meyers Ranch'annexation and is located immediately
west of Sunridge II between Highway 6 and the D & RGW Railroad. The proposed
subdivision has a total area of 11.4 acres of which 3.27 acres is within the
Eagle River, 0.72 acres is north of the Eagle River and 7.41 acres is located
between the Eagle River and Highway 6. Following a review of the Sketch Plan,
the Council tabled action on the application pending the receipt of additional
materials and information.
Following that meeting, the applicant has submitted a Preliminary Plan and
related documents along with a draft of the Final Plat. The Preliminary Plan
shows two lots for development and a separate open space tract. Lot 1 is
located at the southeasterly corner of the subdivision. Lot 1 contains 4.709
acres and a density of 90 Residential Development Rights or approximately-19
per acre is proposed. Lot 2 is 1_ocated at the western end of the subdivision
and contains a total of 3.329 acres of which 1.200 acres is located within
the Eagle River. Fifty Residential Development Rights are proposed for the
remaining 2.029 acre portion of the Lot for a density of 24.6 Development
Rights per acre. Tract W is composed of the remaining 3.360 acres with a
designated use of Public Open Space, Parks and Drainage.
The Preliminary Plan has addressed the conditions contained in the Planning
and Zoning Commission Resolution recommending approval of the Sketch Plan.
These are:
1) A detailed drainage-report addressing off-site-flows has been
submitted. and General Note No. 5 on the Plat requires all development
to be in accordance detailed drainage plans.
2) The area located between the 30 foot setback line from the southerly
mean annual high water line of the Eagle River and the northerly
property line has been designated for Public Open Space, Parks and
Drainage. This area bounding Lot 1 has been designated as Tract W.
The westerly portion is designated as drainage, public pedestrian,
and open space easement and parkland easement for the Town of
Avon on Lot 2.
General Note No. 7 provides for the conveyance of Tract W to the
Town of Avon upon completion of Eaglewood Condominiums or no later
than April 1, 1997.
3) The 140 residential development rights previously assigned to
the subdivision have been distributed between Lot 1 and Lot 2
such that 25 development rights per acre as allowed in the RHDC
Zone District has not been exceeded.
4) Access layout as shown on the Sketch Plan has been eliminated
from Preliminary and Final Plat submittals.
5) The Preliminary and Final Plat submittals appear to generally
conform with the requirements of the Subdivision'Regulai:ions of
the Town of Avon.
Staff recommends approval of the Sketch Plan and Preliminary Plan for Eaglewood
Subdivision. Preliminary Plan approval is recommended with two conditions:-
1) The Final Plat should include a provision for approval and"signature
of the owner of the irrigation ditch easement.
2) Time frames for the conveyance of Tract W should be reduced.
Staff recommends conveyance with the recording of the Final Plat.
If these recommendations are acceptable to the Town Council the appropriate
action would be adoption of Resolutions 87-1 and 87-5.
RECOMMENDED ACTION:
1) Adopt Resolution No. 87-1, a Resolution approving Sketch Plan
for Eaglewood Subdivision.
2) Hold Public Hearing for Eaglewood Subdivision Preliminary Plan,
3) Adopt Resolution No. 87-5, a Resolution approving Preliminary
Plan for Eaglewood Subdivision.
NW/ j e
- 2 -
TO: BILL JAMES
FROM: NORM WOOD
RE: EAGLEWOOD SUBDIVISION - SKETCH PLAN
RESOLUTION NO. 87-1
EAGLEWOOD SUBDIVISION - PRELIMINARY PLAN
RESOLUTION NO. 87-5
A Sketch Plan for the Eaglewood Subdivision was presented to the Avon Town
Council at the January 13, 1987 meeting. Eaglewood Subdivision is a proposed
subdivision of Parcel 2 of Meyers Ranch annexation and is located immediately
west of Sunridge II between Highway 6 and the D & RGW Railroad. The proposed
subdivision has a total area of 11.4 acres of which 3.27 acres is within the
Eagle River, 0.72 acres is north of the Eagle River and 7.41 acres is located
between the Eagle River and Highway 6. Following a review of the Sketch Plan,
the Council tabled action on the application pending the receipt of additional
materials and information.
Following that meeting, the applicant has submitted a Preliminary Plan and
related documents along with a draft of the Final Plat. The Preliminary Plan
shows two lots for development and a separate open space tract. Lot 1 is
located at the southeasterly corner of the subdivision. Lot 1 contains 4.709
acres and a density of 90 Residential Development Rights or approximately 19
per acre is proposed. Lot 2 is located at the western end of the subdivision
and contains a total of 3.329 acres of which 1.200 acres is located within
the Eagle River. Fifty Residential Development Rights are proposed for the
remaining 2.029 acre portion of the Lot for a density of 24.6 Development
Rights per acre. Tract W is composed of the remaining 3.360 acres with a
designated use of Public Open Space, Parks and Drainage.
The Preliminary Plan has addressed the conditions contained in the Planning
and Zoning Commission Resolution recommending approval of the Sketch Plan.
These are:
1) A detailed drainage report addressing off-site .flows has been
submitted and General Note No. 5 on the Plat requires all development
to be in accordance detailed drainage plans.
2) The area located between the 30 foot setback line from the southerly
mean annual high water line of the Eagle River and the northerly
property line has been designated for Public Open Space, Parks and
Drainage. This area bounding Lot 1 has been designated as Tract W.
The westerly portion is designated as drainage, public pedestrian,
and open space easement and parkland easement for the Town of
Avon on Lot 2.
General Note No. 7 provides for the conveyance of Tract W to the
Town of Avon upon completion of Eaglewood Condominiums or no later
than April 1, 1997.
3) The 140 residential development rights previously assigned to
the subdivision have been distributed between Lot 1 and Lot 2
such that 25 development rights per acre as allowed in the RHDC
Zone District has not been exceeded.
4) Access layout as shown on the Sketch Plan has been eliminated
from Preliminary and Final Plat submittals.
5) The Preliminary and Final Plat submittals appear to generally
conform with the requirements of the Subdivision Regulations of
the Town of Avon.
Staff recommends approval of the Sketch Plan and Preliminary Plan for Eaglewood
Subdivision. Preliminary Plan approval is recommended with two conditions:
1) The Final Plat should include a provision for approval and signature
of the owner of the irrigation ditch easement.
2) Time frames for the conveyance of Tract W should be reduced.
Staff recommends conveyance with the recording of the Final Plat.
If these recommendations are acceptable to the Town Council the appropriate
action would be adoption of Resolutions 87-1 and 87-5.
RECOMMENDED ACTION:
1) Adopt Resolution No. 87-1, a Resolution approving Sketch Plan
for Eaglewood Subdivision.
2) Hold Public Hearing for Eaglewood Subdivision Preliminary Plan.
3) Adopt Resolution No. 87-5, a Resolution approving Preliminary
Plan for Eaglewood Subdivision.
NW/je
- 2 -
RESOLUTION NO. 87-5
SERIES OF 1987
A RESOLUTION APPROVING PRELIMINARY PLAN FOR EAGLEWOOD SUBDIVISION
AND ESTABLISHING CONDITIONS FOR PROCEEDING TO FINAL PLAT
WHEREAS, Avon Ranch Company, a Colorado General Partnership has
submitted a Preliminary Plan for Eaglewood Subdivision, a subdivision of Parcel
2 of the Meyers Ranch Annexation to the Town of Avon;.and
WHEREAS, the Town Council of the Town of Avon has held a public hearing
at which the applicant and the public were provided the opportunity to present
their concerns regarding the proposed subdivision; and
WHEREAS, the Town Council of the Town of Avon has reviewed the Preliminary
Plan for Eaglewood Subdivision for conformance with the guidelines and conditions
of the'Sketch Plan approval, Subdivision Regulations, Zoning Regulations and'the
Master Plan of the Town of Avon; and
WHEREAS, the Town Council of the Town of Avon finds the Preliminary
Plan for Eaglewood Subdivision is in general conformance with guidelines and
conditions of the Sketch Plan approval, Subdivision Regulations, Zoning Regulations
and the Master Plan of the Town of Avon.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO THAT:
The Town Council of the Town of Avon, Colorado hereby approves the
Preliminary Plan for Eaglewood Subdivision, a subdivision of Parcel 2 of the
Meyers Ranch Annexation to the Town of Avon, subject to the following conditions
on development of the Final Plat:
1. The Final Plat include a properly signed statement indicating the
irrigation ditch owner approves the irrigation ditch easement 'as
shown on the plat.
•
0
2. The Final Plat include a provision for the dedication or conveyance
of Tract W to the Town of Avon no later than April 1, 1997.
ADOPTED AND PASSED THIS 10TH DAY OF FEBRUARY , 1987.
TOWN OF AVON
rr- Q ~/a
Ilan R. No ingham; Mayo r-
A
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JAI V1 N 27-
1
=Councilman Miller moved to table Ordinance No: 86-27, Series of 1986
on second reading. The motion was seconded by Council Watkins and
was unanimously carried.
Resolution No. 87-1, Series of 1987, A RESOLUTION APPROVING SKETCH
PLAN FOR EAGLEWOOD SUBDIVISION AND ESTABLISHING GUIDELINES AND
CONDITIONS FOR PRECEEDING TO PRELIMINARY PLAN
Norm Wood stated that the sketch plan for the subdivision of Parcel II
of the Meyers Ranch Annexation had been submitted for review and
approval. He stated that the sketch had been presented to the
Planning and Zoning Commission for review, comment, and recommendation
to the Council. The recommendation was that the site be determined
to be suitable for the subdivision in accordance with the sketch plan
as presented. It was stated that the applicant be directed to
include a detailed drainage study addressing all site flows and that
all appropriate drainage related easements and setbacks be clearly
defined at the preliminary plan stage; that the area located
along the Eagle River in the required 30 foot setback from the Mean
Annual High Water Line; that the area between that, and the northern
boundary of the property be defined as a separate tract from the two
lots proposed with the subdivision; and that the allowed uses
on this tract be stipulated as Public Open Space, Parks and Drainage,
that the applicant consider dedicating this area to the Town for
park land. Also that the 140 Residential Development Rights which
were previously assigned through the zoning ordinance, be split
between Lot 1 and Lot 2, such that, neither lot exceed 25 Development
Rights per acre of which was allowed in the RHDC Zone District.
He stated that the access to the lots would be subject to the Highway
Department approval, and that any related information submitted with
the sketch plan would not be a part of the approval.
Tim Garton, owner of Lot 2, approached the Council. He stated that
he was in favor of the 30 foot setback and the 30 foot uses be it,
either a bike path or pedestrian easement. He stated that the-Problem
was, they had considered the possible use of duplexes on the lot.
He stated that it would be easier to have an easement rather than
dedicating the parcel, it would mean it would make it easier to sell
the lots.
Kevin Payne with the Vail Valley Resort Association, approached the
Council. He had concern in respect to this project. He stated that
after reading the brochure, there was not one mention of Avon, and
that it did not identify where the project was located.
John Werner with Republic Investments Corporation, approached the
Council. He stated that the intent in marketing a project was to
market with a name that was very readily identifiable by people who
otherwise were not familar with the local geography. He stated the
prescience had been established with Eagle-Vail, Arrowhead at Vail,
Beaver Creek/Vail. He stated that the parcel was surrounded on three
sides by projects that market themselves as Vail. He stated that
there was no attempt to leave Avon out. He stated that sales
discussions with perspective customers would identify the Town-
ship of Avon, the location, and that this was being very adhered to.
-5-
JC4M (A94AJ 141'&T
Councilman Watkins disagreed. He stated that there was no mention
of Avon in the brochures. He felt there was an attempt to-go
around and felt that this would fall under mis-representation.
Councilman Davis felt that it was very mis-leading.
Mr. Werner stated that they would be more than willing to see that
Avon would be identified, and that it would be known that the
project was located in -Avon. He stated that he would see to it that
additional sheets would go out with the brochures.
It was stated that they had no intentions of making this a time-share
project.
Don Klinger, resident of Berry Creek, approached the Council.
He stated that one of the things that he has pushed has been the
promotion of the area, and not the promotion of Vail. He stated that
he would make sure in the advertising brochures that if Avon was not"
mentioned, that the developer could do without his project.
After discussion, Councilman Miller moved to table Resolution No. 87-1,
Series of 1987, until Republic Investments Corporation could show their
intent that they were going to take advantage of placing the
project in the Town of Avon, and indicating so in the brochures that
were being presented to people who were interested in the project.
The motion was seconded by Councilman Connell.
Councilwoman McRory requested that the Council be provided with the
additional second sheets that would be going out with the brochures.
-Mr. Werner agreed. The motion to table was unanimously carried.
At that point, The Town Attorney proposed an Ordinance which he read
by title; Ordinance No. 87-1, Series of 1987, AN ORDINANCE REPEALING
ORDINANCE 86-19 AND AUTHORIZING THE OBLIGATION OF THE TOWN TO
ACQUIRE A PORTION OF LOTS 23 AND 75, BLOCK 2 BENCHMARK AT BEAVER CREEK
SUBDIVISION, TOWN OF AVON, FOR USE BY THE TOWN FOR PARKING PURPOSES.
He stated that this Ordinance would be indentical to Ordinance 86-19
which was being repealed except as follows:
1. Lot 22-would be deleted from the property covered by the Ordinance.
2. The size of the development site would be changed from 11.74 acres
to 6.33 acres. The 6.33 acres would be specifically lots 23 and 75.
3. The name of the developer, would be at this time for purpose of
first reading, Edward M. Bendelow and HSW Investments, Inc.
4. The obligation of the Town would be changed,to $1.5 million dollars.
Furthermore, the Schedule of Performance, which was Exhibit B to the
Agreement, which was Exhibit A to the Ordinance, would be changed
as follows:
1. Execution of the land purchase contracts on or before January
22, 1987.
2. Execution of the Agreement and delivery of a deposit of $100,000
on January 28, 1987.
3. Completion of the conceptual development plan on or before February
15, 1987.
4. Commitment satisfactory to the Town for Anchor Tenant on February-
15, 1987.
5. Commitment satisfactory to the Town for financing on or before_
March 1, 1987.
6. Closing on the land on or before February 15, 1987.
-6-
Fe- brH Lc11167,
Councilman Mill moved approval of Resolut n No. 87-4, Series I
of 1987. The motion-was seconded by Councilwoman Harrison and
was unanimously carried.
Resolution No. 87-1, Series of 1987, A RESOLUTION.APPROVING SKETCH
PLAN FOR EAGLEWOOD SUBDIVISION AND ESTABLISHING GUIDELINES AND
CONDITIONS FOR PRECEEDING TO PRELIMINARY PLAN.
Resolution No. 87-5, Series of 1987, A RESOLUTION APPROVING PRELIMINARY
PLAN FOR EAGLEWOOD SUBDIVISION AND ESTABLISHING CONDITIONS FOR
PROCEEDING TO FINAL PLAT.
Norm Wood stated that Resolution No. 87-1 was presented to the Council
at the January 13, 1987 meeting. This proposed subdivision was a
subdivision of parcel 2 of Meyers Ranch annexation and was located
immediately west of the Sunridge II between Highway 6 and the D RGW
railroad. Following a review of the sketch plan the Council tabled
action pending the receipt of additional materials and information.
He stated since then, the applicant has submitted a Preliminary
Plat along with a draft of the final plat. The Preliminary Plat show-
two lots for development and a separate open space tract. Lot 1
contains 4.709 acres and A ,density of 90 Residential Development
Rights, or approximately 19 per acre. Lot 2 contains a total of
3.329 acres of which 1.200 acres is located within the Eagle River.
Fifty Residential Development Rights are proposed for the remaining
2.029 acres for a density of 24.6 Development Rights per acre. Tract
W was composed of the remaining 3.360 acres and was designated a
Public Open Space, Parks and Drainage.
Mr. Wood recommended approval of the Resolution for the Sketch Plan
and the resolution for the Preliminary Plan for Eaglewood Subdivision.
The Preliminary Plan approval was recommended with two conditions.
1. The final plat should include a provision for approval and
signature of the owner of the irrigation ditch easement.
2. Time frames for the conveyance of Tract W should be reduced. Staff
recommended conveyance with the recording of the final plat.
Glenn Palmer of Contra Ltd, approached the Council.
He reviewed the Sketch Plan and the Preliminary Plan with the Council.
There was discussion of the dedication of Tract W to the Town of Avon.
After discussion Council agreed to add to Section 2 of the resolution
No. 87-5, that the dedication or conveyance of Tract W to the Town of
Avon would be,no later than April 1, 1997. Mr. Palmer also requested
that language be added, that permanent structures, other than bike
paths, would not be allowed within the thirty foot stream setback on
the south side of the river. Council had no problem with that request.
John Werner of Republic Investments, Inc. approached the Council.
Councilman Connell stated that he still had concerns of the lack of
materials and information in respect to where the project was located.
Mr. Werner stated that there had been supplements added to the brochure
packet, one was a overprint of the logo onto the unit floor plan- sheet,-
and the other included a Avon 4-color circular.
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Councilman Connell felt it was mis-leading and felt it was false
advertising.
Counciman Miller felt that it would not be fair to ask them to reprint
the brochure based on the amount of money it would cost. He felt
with the added supplements, they have done the best they could, and
would have to take their word that they are informing the perspective
buyers of where the-project.was located.
Councilwoman Harrison agreed.
Councilman Watkins stated that he was unimpressed with the effort.
After lengthy discussion the Council agreed that Mr. Werner add a
vicinity map and a description on the back side of the unit floor, plan.
Councilman Miller moved approval of Resolution No. 87-1. The motion
was seconded by Councilwoman McRory and was carried with Councilmembers
Watkins and Connell opposing.
In-respect to Resolution No. 87-5, Series of 1987, the Preliminary Plan
for Eaglewood Subdivision; a letter was received from the president
of Alpine Management Services, Inc. The management company manages
Sunridge II, which is located directly east of the proposed project.
The management company"was concerned with the density and such problems
as, parking, trash accumulation, snow removal, noise, fireplace
emission,-and privacy for residents.
After discussion Councilman Miller moved approval of Resolution No.
87-5, Series-of 1987 based on the amendment to Section 2 of the
resolution. The motion was seconded by Councilwoman Harrison and
was carried with Councilman Watkins opposing.
The Town Attorney reported on the FSLIC motion. He stated that the
motion to dismiss all matters in connection with the Peregrine
Foreclosure was argued two weeks ago, and following argument the motion
was denied by Judge Hart. He stated that the litigation was still
in court in Eagle and still set for trial in May. Mr. Dunn stated that
he would attend the pre-trial conference on April 23, 1987.
He hoped that in June the Town could move forward with the foreclosure
process.
The Town Manager requested authorization to proceed with the Bond Issue
for the Shopping Center. He stated that he would meet with Bond Attorneys
and Linda Clark this week to discuss the structure of the Bond Issue
and the Schedule, and would have it to the Council by the next meeting.
Council authorized the Town Manager to proceed.
The Town Manager reported on the Chrisite Lodge Bus Service.
He stated that he was to meet with the Christie Lodge people this week
at their main offices in Denver. He would be negotiating the
principles with the management of Christie Lodge. He stated he would
need more time to evaluate this issue. No action was taken.
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