TC Res. No. 2001-23TOWN OF AVON
RESOLUTION NO. '01-23
SERIES OF 2001
A .RESOLUTION AMENDING TOWN OF AVON RESOLUTION NO. 01-09.
- WHEREAS on June 12, 2001, the Avon Town Council adopted Resolution No. 01-
09, Series of 2001 (hereinafter referred to as "the Resolution") (a copy of which is attached
and incorporated herein) for the purpose, among others, of approving Traer Creek LLC's
Preliminary Plan Subdivision Application for The Village (at Avon) Filing 1; and
WHEREAS the Resolution included a part III titled "Permit for Work Within Public
Right of Way - Stonebridge Temporary Construction Access," which part III provided terms
and conditions for the issuance of a permit for work within the public right of way for the
installation of a temporary construction access from Stonebridge Drive in Avon; and
WHEREAS part III of the Resolution also included a proviso as follows:
"PROVIDED: In lieu of granting the developer rights of
temporary construction access over Stonebridge Drive as set forth herein,
the Town Council may, on or before September 10, 2001, designate East
Beaver Creek Boulevard as the site of temporary construction access.
The above stated conditions and requirements of the access permit shall
all apply regardless of whether the temporary construction access route is
over East Beaver Creek Boulevard or Stonebridge Drive." and;
WHEREAS on August 27, 2001, applicant Traer Creek LLC withdrew its request that
the resolution approving its Preliminary Subdivision Plan for The Village (at Avon) Filing 1
contain any reference to terms and conditions for the issuance of a permit for work within the
public right of way for the installation of a temporary construction access from Stonebridge
Drive in Avon.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. Amendment.
The Town Council hereby amends the Resolution by deleting part III thereof in its
entirety, and in all other respects re-approves and re-adopts the Resolution.
ADOPTED this 11th day of September, 2001.
TOWN OF AVON, COLORADO
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APPROVED AS TO FORM:
Burt Levin, Town Attorney
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TOWN OF AVON
RESOLUTION 01- 08
SERIES OF 2001
A RESOLUTION APPROVING PRELIMINARY
SUBDIVISION PLAN FOR THE VILLAGE (at Avon)
FILING 1, TOWN OF AVON, EAGLE COUNTY,
COLORADO
WHEREAS, Traer Creek LLC, the owner of the applicable portion of The Village
(at Avon) has filed a subdivision application for The Village (at Avon) Filing-1,
Preliminary Plan approval in accordance with Chapter 16.20 of the Avon Municipal
Code; and
WHEREAS, Traer Creek LLC has filed an application for variance from the
Subdivision Regulation of the Town to allow construction of a cul-de-sac with a length
greater than 1,000 feet; and
WHEREAS, Traer Creek LLC has filed an application for variance from the
Subdivision Regulation of the Town to allow the issuance of a permit for overict grading
prior to final plat approval; and
WHEREAS, The Preliminary Plan is subject to the terms and conditions of the
Annexation and Development Agreement dated October 13, 1998 and any amendments
or modifications thereto; and
WHEREAS, The Preliminary Plan is subject to the terms and conditions of the
P.U.D. Development / Sketch Plan dated October 13, 1998 and any amendments or
modifications thereto; and
WHEREAS, Traer Creek LLC and EMD Limited Liability Company have
submitted an amendment to the P.U.D. Development/Sketch Plan for administrative
approval; and
WHEREAS, the Designated Representative of the. Director of Community
Development has reviewed the PUD Development Plan Administrative Amendment No.
1 and has determined that it qualifies for administrative approval; and
WHEREAS, The Town has provided public notice in accordance with Section
16.20.070 to all owners within three hundred feet of The Village (at Avon) Filing 1 and
posted notices of.the time and date at which Town Council considered the preliminary
subdivision application; and
WHEREAS, The Town held a public hearing at which it received evidence and
testimony concerning 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
Preliminary Plan including a variance for a cul-de-sac having a length greater than 1,000
feet and a variance to allow a permit for overlot grading to be issued prior to approval
and recording of the Final Subdivision Plat for The Village (at Avon) Filing 1 is in the best
interest of the public health, safety and welfare and conforms to the terms. of the PUD
Development Plan Administrative Amendment No. 1 executed the day of.June,
2001 and other applicable development laws, regulations and policies of the Town of
Avon and hereby approves the same subject to the following conditions:
1. General Requirements - Must be Completed Prior to Final Plat Approval:
An amendment to the Annexation and Development Agreement must be
approved prior to approval and recording of the Final Subdivision Plat for
The Village (at Avon) Filing 1.
2. Emergency access and fire hydrant spacing must be approved by the
Eagle River Fire Protection District.
3. Plans for all water and sewer facilities must be approved by Eagle River
Water and Sanitation District.
4. Complete geologic hazard reports including mitigation measures must be
submitted to and approved by the Town.
5. All roundabouts and street intersections shall be designed to accommodate
complete turning movements for the largest anticipated delivery truck (WB-.
67) without encroaching onto center island or exterior radii curb and gutter.
Documentation evidencing turning movements must be approved by the .
Town of Avon Engineering Department.
6. Other Jurisdictional Approvals Required:
s. Eagle County approval is required for the road improvements for
the Highway 6 Connector Road, Nottingham Ranch Road and
Eaglebend Drive, including but not limited to a Construction
Improvements Agreement (C.I.A.) for all road improvements within
unincorporated Eagle County. These road improvements must
also be acceptable to, and approved by the Town of Avon.
b. Highway 6 Access Permit must be obtained from Eagle County
and Colorado Department of Transportation CCDOr).
C. Eagle River Bridge: All necessary approval and permits must be
obtained from Eagle County and other applicable permitting
jurisdictions.
d. Separated railroad, grade crossing: All necessary licenses and
approvals must be obtained from the railroad and P.U. C. and
other relevant permitting authorities.
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e. Nottingham Gulch Drainage! Discharge to Eagle River must be
approved by Eagle County.
f. A Floodplain Development Permit must be obtained from Eagle
County for activity within the unincorporated Eagle County
floodplain.
g. Stone Water Management plans for storm water discharged into
Eagle River in unincorporated areas must be approved by Eagle
County.
h. A grading. permit is required by Eagle County for any grading
activities over fifty (50) cubic yards within unincorporated areas of
the County.
i. Storm Water Management plans, including compliance with water
quality standards must be approved by Eagle County for
unincorporated areas within the County.
7. Drainage:
Plans for Storm Water Management and Pollution Control Facilities within
the Town must be approved by the Town of Avon.
8. Utilities:
Approval of construction plans for all utility services including but. not
limited to water, sewer, electric, natural gas, phone and cable must be
provided by the appropriate entities to the Town of Avon.
9. Traer Creek LLC must provide FIR approval by CDOT and/or FHWA for
the 1.70 interchange improvements.
10. A Subdivision Improvements Agreement must be approved by the Town
and the corresponding security must be provided to assure compliance
with the Subdivision Improvements Agreement.
11. Approval and Recording of the Final Subdivision Plat shall include
provisions acceptable to the Town for the timing of the dedication and
transfer of The Village (at Avon) Filing 1, Lot 5 to the Town for use as a
Public Works site.
it. Variance - Permit for Overlot Grading Prior to Final Plat Approval
1. A satisfactory Erosion Control Plan must be approved by the Town and
implemented prior to issuance of a grading permit.
2. An Air Quality (Fugitive Dust) Monitoring and Control Plan must be
approved by the Town and implemented prior to issuance of a grading
permit.
3. A security deposit sufficient as determined by the Town, to assure
satisfactory completion of grading and revegetation operations will be
required prior to issuance of a permit for overlot grading.
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4. Rock crusher and related operations shall be located at least 800 feet
from the southerly property line, known as the railroad right of way. The
rock crusher shall be screened on the southerly side by a berm at least
20 feet high. The berm shall be constructed prior to commencement of
crusher operations and remain in place throughout the crusher operation.
III. Permit for Work Within Public Right of Way - Stonebridge Temporary
Construction Access:
The following conditions must be met prior to issuance of a permit for
work within the Public Right of Way for the installation of a temporary
construction access from Stonebridge Drive:
a. The 1-70 Interchange ramps must not be available for construction
traffic; and
b. The Nottingham Ranch Road bridge must not be available for
construction traffic.
2. The Stonebridge Temporary Access permit will be issued in accordance
with Section 10.24.040 of the Avon Municipal Code and shall include the
following requirements:
a. In no event shall the Stonebridge Temporary Access be used for
construction access longer than six (6) consecutive months.
b. Stonebridge Drive must be restored, at a minimum, to its previous
condition, including asphalt removal, grading, revegation, and
replacement, of damaged pavement as determined by the Town
within thirty (30) days following completion of its use as a
temporary construction access.
C. Traffic control and safety measures as approved by the Town,
shall be implemented and maintained for the temporary
construction access.
3. PROVIDED: In lieu of granting the developer rights of temporary
construction access over Stonebridge Drive as set forth herein, the
Town Council may, on or before September 10, 2001, designate East
Beaver Creek Boulevard as the site of temporary construction
access. The above stated conditions and requirements of the
access permit shall all apply regardless of whether the temporary
construction access route is over East Beaver Creek Boulevard or
Stonebridge Drive.
IV. Filing 1, Lot 1- Must be Complied with Prior to any Development on Lot 1
1. Temporary/Permanent Roads
a. East Beaver Creek Boulevard and Chapel Place may be located
in temporary access easements but must be maintained to a level
consistent with Town of Avon street maintenance parameters.
Proviso added by amendment.'
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b. No building permit will be issued or development authorized on •
Lot 1, Filing 1 until permanent rights-of-way are established-and.
appropriate development and subdivision improvement
agreements guaranteeing construction of the permanent road
improvements for East Beaver Creek Boulevard and Chapel Place
are approved by the Town of Avon.
2. Utilities and Stormwater Facilities
a. Service for all utilities must be provided to all parcels created in
conjunction with any re-subdivision of Lot 1.
b. Adequate on-site and off-site storm water facilities must be
provided as determined to be necessary through the Lot 1 re-
subdivision process, prior to the issuance of any building permit
on Lot 1.
ADOPTED THIS 12. DAY OF JUNE, 2001.
TOWN COUNCIL
TOWN OF AVON, COLORADO •
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