TC Res. No. 2005-59 APPROVING FINAL SUBDIVISION PLAT AND SUBDIVISIONTOWN OF AVON, COLORADO
RESOLUTION NO. 05-59
SERIES of 2005
A RESOLUTION APPROVING FINAL SUBDIVISION PLAT AND SUBDIVISION
IMPROVEMENTS AGREEMENT FOR DRY CREEK PUD, A RESUBDIVISION OF LOT 449
BLOCK 2, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Blue Bird Meadows LLC has applied for Final Subdivision Plat and Subdivision
Improvements Agreement approval for Dry Creek PUD, a Resubdivision of Lot 44, Block2,
Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, said Final Subdivision Plat provides for the resubdivision of an existing four-plex
lot into three single family lots with access by easement from existing public street; and
WHEREAS, a Subdivision Improvements Agreement was submitted in conjunction with the
Final Subdivision Plat; and
WHEREAS, the Subdivision Improvements Agreement provides for the construction of all
public improvements together with collateral to make reasonable provision for completion of the
improvements; and
WHEREAS, the Subdivision Improvements Agreement provides for the guarantee of public
improvements and for the release of collateral upon successful. completion of the guarantee
period; and
WHEREAS, said Final Subdivision Plat generally conforms to the Preliminary Subdivision Plan
as approved August 9, 2005 by Resolution No. 05-31, Series of 2005; and
WHEREAS, said Final Subdivision Plat and Subdivision Improvements Agreement generally
conform to the Subdivision Regulations of the Town of Avon.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, that the Town hereby approves the Final Subdivision Plat and
Subdivision Improvements Agreement for Dry Creek PUD, a Resubdivision of Lot 44, Block 2
Wildridge, Town of Avon, Eagle County, Colorado subject to completion of the following prior
to execution and recording of Final Plat and Subdivision Improvements Agreement:
1) Completion of technical corrections as identified by Town Staff.
2) Submission of an Irrevocable Letter of-Credit or other acceptable security
in an amount of not less than $97,075 to assure completion of the
specified public improvements.
3) The submission of acceptable, recorded access easements on Lot 45, Block 2,
Wildridge, Town of Avon, Eagle County, Colorado.
4) The submission of an acceptable recorded agreement for construction, use,
maintenance and snow removal for access easements on Lot 45, Block 2,
Wildridge, Town of Avon, Eagle County, Colorado.
5) The submission and recording of acceptable covenants and by-laws addressing the
construction, use and maintenance of the common access, utility and drainage
easement across Lots 1, 2 and 3.
6) The submission of written approval of the utility plans from the appropriate utility
company for water, sewer, electric, gas, telephone and cable TV for providing
service to each lot.
ADOPTED THIS i 3 DAY OF December, 2005.
OF A TOWN COUNCIL
TOWN OF AVON, COLORADO
,SEA1••
Ronald C. Wolfe, Mayor
ATTEST:
P.t~ .3 fqc ~
Patt (!Y envy, To Cl rk
Resolution No. 05-59 Dry Creek Final Plat
Page 2 of 2
•
Memo
To: Honorable Mayor and Town Council
Thru: Lang Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: December 8, 2005
Re: Resolution No. 05-59, Series of 2005, A Resolution Approving Final
Subdivision Plat and Subdivision Improvements Agreement for Dry Creek
PUD, a Resubdivision of Lot 44, Block 2, Wildridge, Town of Avon, Eagle
County, Colorado
Summary: Blue Bird Meadows LLC has submitted a Final Subdivision Plat and
Subdivision Improvements Agreement for Dry Creek PUD, a Resubdivision of Lot 44, Block
2, Wildridge, Town of Avon, Eagle County, Colorado. The submittal includes construction
plans for public improvements required to serve the proposed subdivision and a cost proposals
for construction materials and installation of the improvements. The proposed subdivision is
in conformance with the Preliminary Plan previously approved by Council Resolution No 05-
31, Series of 2005 and the Subdivision Improvements Agreement meets the requirements of
Title 16 Subdivisions of the Avon Municipal Code.
We recommend approval of Resolution No. 05-59, Series of 2005, A Resolution Approving
Final Subdivision Plat and Subdivision Improvements Agreement for Dry Creek PUD, a
Resubdivision of Lot 44, Block 2, Wildridge, Town of Avon, Eagle County, Colorado.
Previous Council Action: Council approved Resolution No. 05-30, A
Resolution approving Subdivision Variance and Resolution No. 05-31 approving the
Preliminary Plan for Dry Creek PUD, A Resubdivision of Lot 44, Block 2, Wildridge, Town
of Avon, Eagle County, Colorado. The Variance was approved at the meeting on July 26,
2005 and the Preliminary Subdivision Plan was approved at the August 9, 2005 meeting.
The approved Subdivision Variance was to allow creation of two Lots to be accessed by a
common access easement and not have the minimum 25 foot frontage on a public street as
required by code. The Preliminary Plan and Variance were approved in conjunction with a
corresponding P.U.D. amendment to convert an existing four-plex lot into three single-family
lots.
n
Discussion: The Final Subdivision Plat is in accordance with the Preliminary Plan and •
approved P.U.D. Amendment. The Subdivision Improvements Agreement provides for the
construction of the public improvements including installation of water, sewer, gas, electric,
telephone and cable TV service to each lot. The submittal includes the attached Proposals
from Kemp & Company, Inc., Quintana Construction, Inc. and Adams Excavating and
Trucking, Inc. which were used as a basis for the Public Improvements Construction Cost
Estimate (Exhibit B to the Subdivision Improvements Agreement). The Public Improvements
Construction Cost Estimate is $88,250 including construction observation, testing an d
certifications plus a contingency of 15% to account for additional -work and unforeseen
conditions. The Subdivision Improvements Agreement requires collateral in an amount equal
to 110% of the estimated cost or $ 97,075.
Recommendation: Approve Resolution No. 05-59, Series of 2005, A Resolution
Approving Final Subdivision Plat and Subdivision Improvements Agreement for Dry Creek
PUD, a Resubdivision of Lot 44, Block 2, 'Wildridge, Town of Avon, Eagle County,
Colorado.
Proposed Motion: I move to approve Resolution No. 05-59, Series of 2005, A
Resolution Approving Final Subdivision Plat and Subdivision,Improvements Agreement for
Dry Creek PUD, a Resubdivision of Lot 44, Block 2, Wildridge, Town of Avon, Eagle
County,, Colorado. 40
Town- Manager Comments:
0
Attachments:
Attachment '1 -
Resolution No. 05-59, Series of 2005
Attachment 2, -
Subdivision Improvements Agreement
Attachment 3 -
Dry Creek PUD - Final Plat & Construction Drawings
Attachment 4 -
Proposal - Kemp & Company, Inc.
Attachment 5 . -
Proposal Quintana Construction, Inc.
Attachment- 6- -
Proposal -Adams Excavating & Trucking, Inc.
Attachment 7 -
Resolution No. 05-30 (Variance Approval)
Attachment 8 -
Resolution No. OS-31 (Preliminary Subdivision Plan Approval) •
I:\Engineering\Subdivision\Wildridge\Dry Creek PUD\Res 05-59 Memo.Doc
2
2
?Tacf/yrlE~vT- /
•
TOWN OF AVON
RESOLUTION NO. 05-59
Series of 2005
A RESOLUTION APPROVING FINAL SUBDIVISION PLAT AND
SUBDIVISION IMPROVEMENTS AGREEMENT FOR DRY CREEK PUD, A
RESUBDIVISION OF LOT 44, BLOCK 2, WILDRIDGE, TOWN OF AVON,
EAGLE COUNTY, COLORADO
WHEREAS, Blue Bird Meadows LLC has applied for Final Subdivision Plat and
Subdivision Improvements Agreement approval for Dry Creek PUD, a Resubdivision of
Lot 44, Block2, Wildridge, Town of Avon, Eagle County, Colorado; and
• WHEREAS, said Final Subdivision Plat provides for the resubdivision of an existing
four-plex lot into three single family lots with access by easement from existing public
street; and
WHEREAS, a Subdivision Improvements Agreement was submitted in conjunction with
the Final Subdivision Plat; and
WHEREAS, the Subdivision Improvements Agreement provides for the construction of
all public improvements together with collateral to make reasonable provision for
completion of the improvements; and
WHEREAS, the Subdivision Improvements Agreement provides for the guarantee of
public improvements and for the release of collateral upon successful completion of the
guarantee period; and
WHEREAS, said Final Subdivision Plat generally conforms to the Preliminary
Subdivision Plan as approved August 9, 2005 by Resolution No. 05-31, Series of 2005;
and
WHEREAS, said Final Subdivision Plat and Subdivision Improvements Agreement
generally conform to the Subdivision Regulations of the Town of Avon.
•
I:\Engineering\Subdivision\Wildridge\Dry Creek PUD\Res 05-59 Final Plat.Doc
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NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE •
TOWN OF AVON, COLORADO,,that the Town hereby approves the Final
Subdivision Plat and Subdivision Improvements Agreement for Dry Creek PUD, a
Resubdivision of Lot 44, Block 2 Wildridge, Town of Avon, Eagle County, Colorado
subject to completion of the following prior to execution and recording of Final Plat and
Subdivision Improvements Agreement:
1) Completion of technical corrections as identified by Town Staff.
2) Submission of an Irrevocable Letter of Credit or other acceptable security
in an amount of not less than $97,075 to assure completion'of the
specified public improvements.
3) The.submission of acceptable, recorded access easements on Lot 45,
Block 2, Wildridge, Town of Avon, Eagle County, Colorado.
4) The submission of an acceptable recorded agreement for construction, use,
maintenance and snow removal for access easements on Lot 45, Block 2,
Wildridge, Town of Avon, Eagle County, Colorado.
5) The submission and recording of acceptable, covenants and by-laws
addressing the construction, use and maintenance of the common access,
utility and drainage easement across Lots 1, 2 and 3.
40
6) The submission of written approval of the utility plans from the
appropriate utility company for water, sewer, electric, gas, telephone and
cable TV for providing service to each lot.
ADOPTED THIS . DAY OF December, 2005.
TOWN COUNCIL .
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor.
ATTEST:
Patty McKenny, Town Clerk - •
1:\Engineering\Subdivision\Wildridge\Dry Creek PUD\Res 05-59 Final Plat.Doc
L~TT~4C~l~ng~T 2
• DRY CREEK PUD
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this _ day of , 2005, is
by and among Trenton Hubbard, dba THD Colorado, Inc. ("Subdivider"), and the Town
of Avon, a Colorado municipality, by and through its Council (the "Town").
RECITALS
WHEREAS, the Subdivider, in connection with the approval of the final plat for
the Dry Creek PUD, Lots 1 - 3, consisting of 1.58 acres, a resubdivision of Lot 44, Block
2, Wildridge Subdivision, Town of Avon, Eagle County, Colorado (the "Subdivision"),
desires to enter into a Subdivision Improvements Agreement ("Agreement") with the
Town as provided for by Section 16.24. 100 of the Avon Municipal Code, as-amended
(the "Code"); and
WHEREAS, pursuant to the Code, the Town desires to make reasonable
provisions for completion of certain public improvements ("Improvements") as depicted
on the plans approved by the Town for the Dry Creek PUD, dated December 1, 2005,
("Approved Plans") and as set forth in Exhibit A attached hereto and incorporated herein
by reference; and
WHEREAS, the Subdivider is responsible for the completion of the public
improvements ("Improvements").
AGREEMENT
NOW THEREFORE, in consideration of the following mutual covenants,
conditions and promises, the parties hereby agree as follows:
1. Final Plat Approval. The Town agrees that upon compliance with all
other conditions of approval, and subject to the terms and conditions of this Agreement,
the Final Plat of The Dry Creek PUD ("Subdivision") shall be promptly filed for
recording with the Office of the Eagle County Clerk and Recorder.
2. Completion of Work.
(a) Performance. Subdivider agrees to furnish all equipment, labor
and material necessary to perform and complete, in a good and workmanlike manner, all
improvements and work incidental thereto assigned as set forth as depicted on the
Approved Plans and as set forth in Exhibit A. Subdivider further agrees that he will be
responsible for all costs of Improvements as assigned. Said work shall be performed in
accordance with the Approved Plans. Subdivider agrees to commence construction of
Improvements prior to the issuance of a building permit for any lot in the subdivision and
to complete the Improvements prior to the issuance of a Certificate of Occupancy for any
building on any lot in the Subdivision. Commencement of construction of Improvements
Dry Creek Subdivision Improvement Agreement. ]
shall be deemed to mean the award and execution of contracts for the construction of the •
Improvements as depicted on Exhibit A.
(b) Inspection Procedures.
(1) All work shall be done under the inspection procedures and
standards established by the Town and/or Holy Cross Electric, Eagle River Water and
Sanitation District, Excel Energy, Qwest Communications, Comcast ("Utilities"), as
applicable and shall be subject to the reasonable satisfaction of the Town and applicable
Utilities. All work shall not be deemed complete until the reasonable approval and
acceptance of the Improvements by the Town and/or the Utilities. Such inspections by
the Town and/or Utilities shall not relieve the Subdivider or his agents from any
responsibility or obligation to assure that all work is completed in conformance with all
standards, plans and specifications as submitted to and previously approved by the Town
and Utilities.
(2) Cost of Inspections. The cost, if any, of such inspections,
by Town employees, or an independent third party inspector, shall be paid by the
Subdivider and subject to the limitations set forth in paragraph 8 below.
(3) Notice of Non-Compliance. In the event that the Town
through its inspectors reasonably determines that the Improvements are not in
compliance with the Approved Plans, it shall give written notice of such non-compliance •
("Notice of Non-Compliance") to the Subdivider. The Notice of Non-Compliance shall
include a narrative describing the unsatisfactory construction work with specific
reference to the applicable construction plans and specifications. The Notice of Non-
Compliance must be provided to the Subdivider within two (2) working days of the date
of the inspection.
3. Security for Comlletion of Improvements.
(a) Securi . To secure completion of the Improvements, the
Subdivider hereby agrees to secure the respective obligations under this Agreement with
collateral in accordance with Section 16.24. 100 of the Code. Collateral shall be one or a
combination of the following: cash, its equivalent or irrevocable letter of credit
("Collateral").
4. Subdivider Improvements.
(a) Security for Completion of Public Improvements.
Subdivider shall deliver to the Town an irrevocable letter of credit issued
by a reputable financial institution or other Collateral consistent with Section 16.24. 100
of the Code in an amount equal to one hundred and ten percent (110%) of the estimated
costs of completion of the Improvements as set forth on Exhibit B. The irrevocable letter
of credit or other Collateral shall be delivered to the Town prior to, or concurrently with,
recordation of the Final Plat for the Subdivision.
Dry Creek Subdivision Improvement Agreement, Z
(b) Progress Payments on Sub divider's Improvements. Upon
completion of itemized•improvements for which cost estimates have been set forth in
Exhibit B and upon receipt of the Certifications as specified, in paragraph 7 below
verifying that itemized portions of the Improvements have been completed, the amount of
Collateral may be reduced periodically provided, however, that in no event will any such
reduction cause the amount of remaining collateral to be less than an amount equal to one
hundred and ten percent (110%) of the estimated costs of completion of all remaining
Improvements. Upon completion of all work related to the Improvements and the Town's
and Utility's acceptance of the Improvements, the entire amount of remaining collateral
'less those amounts described in paragraph 6 below, shall be promptly released.
(c) Default by Subdivider. In the event of a. default in whole or in part
by Subdivider, the Town shall be authorized to draw on the letter, of credit or other
collateral for the purpose of undertaking completion or remediation work on the
Subdivider's Improvements after providing thirty (30) days' advance written notice of
default and providing an opportunity during such period for, Subdivider to cure the,
default. The, Town shall be entitled to draw on such letter of creditor other collateral by
Resolution of the Town Council stating (i) that Subdivider is in default, and (ii),the funds
are required in order to complete or correct work on the Subdivider's Improvements.
6. Warranty Period. The Improvements shall be warranted to be free from
defects in workmanship or quality for a period of one (1) year after acceptance of all the
work by the Town. In the event of any such defect, the Town may require Subdivider to
correct the defect in material or workmanship. Ten percent (10%) of the total actual cost
of completion of all Improvements shall be retained by the Town as collateral during
such one'(1) year period as a guaranty of performance of any work required pursuant to
the above described warranty. In the event any corrective work is performed during the ,
one=year warranty period then the warranty on said corrected work shall be extended for,
one year from'the date on which it is completed. Collateral equal to 125% of the cost of ,
any corrected work, as estimated by the Town, shall be retained by the Town or
immediately-paid to the Town by the Subdivider, if sufficient funds are not held by the
Town, in accordance with Section 16.24.100, for a period of one year from the date of
completion of the corrected work:
7. Engineering Certification. Upon completion of portions of the
Improvements, Subdivider will cause his engineers (who shall, be registered ,in the State
of Colorado) to certify in writing that the installation of the Improvements, or portions
thereof as,may be -completed from time to time, have been completed in conformance -
with-all standards, plans and:specifications as submitted to and'previously approved by
the Town, or the pertinent utility supplier, as depicted on the Approved Plans. Inspection
reports, test- results and other supporting documentation shall be .submitted with the
certification.
r 8. Subdivision and Inspection Fees. Fees in accordance with the Town's
Subdivision Regulations for the review of Preliminary Plans and Final Plats have been
Dry Creek Subdivision Improvement Agreement, 3
paid in full. Additional fees, if any, shall be paid by the Subdivider within thirty (30) •
days after delivery of written invoice for such fees to cover the cost of inspections by the
Town. The fees, if any, will be based on direct (out-of-pocket) costs of the Town plus an
administrative fee in the amount of fifteen (15%) percent of the direct costs, but in no
event will the total amount of such additional fees exceed five percent (5%) of
construction costs.
9. No Obligation of Town to Complete Improvements. Subdivider agrees
that in the event it shall fail to perform its obligations as set forth herein, the Town shall
be under no obligation to complete or perform any of the said Improvements or to issue
permits for development within the Subdivision.
10. Non-Liability of Town; Indemnification. The Town shall not, nor shall
any officer, agent, or employee thereof, be liable or responsible for any accident, loss or
damage related to the work specified in this Agreement, nor shall the Town, nor any
officer, agent or employee thereof, be liable for any persons or property injured by reason
of the nature of said work. To the extent permitted by law, Subdivider hereby agrees to
indemnify and hold harmless the Town, and any of its officers, agents and employees
against any losses, claims, damages or liabilities to which the Town or any of its officers,
agents or employees may become subject, because of any losses, claims, damages or
liabilities (or actions in respect thereof) that arise out of, or are based upon, any acts or
omissions in the performance of the obligations of Subdivider, as hereinbefore stated.
Furthermore, the Subdivider shall reimburse the Town for any and all legal or other
expenses reasonably incurred by the Town in connection with investigating or defending
any such loss or claim.
11. Rights of Town in Event of Default. In the event that Subdivider defaults
in whole or in part in the performance of this Agreement, and after the expiration of thirty
(30) days after having given written notice to Subdivider of such default during which
period of time the Subdivider fails to correct said default, the Town may, at its sole
discretion, proceed with the construction or completion of the Improvements specified on
Exhibit A. All such costs paid by the Town for such Improvements, together with all
costs of personnel, equipment and other matters expended by the Town in furtherance of
the construction responsibilities of Subdivider, shall be paid by Subdivider based upon
the underlying responsibility for the Improvement in question. Any such costs relating to
the Subdivider Improvements, which have not been reimbursed by Subdivider, shall be a
lien on any property in the Subdivision owned by Subdivider at the time of default.
Said lien may be foreclosed in the same manner as a mortgage and shall entitle the Town
to add its costs and reasonable attorneys' fees in such foreclosure or other collection.
Without limiting the foregoing, the Town may bring a mandatory injunction action
against Subdivider to require installation and construction of the Improvements, if not
constructed within the time limits described in this Agreement. If any such action is
brought by the Town, the Town shall be awarded its court costs and reasonable attorneys'
fees.
U
Dry Creek Subdivision Improvement Agreement, 4
q
• 12. Letter Certifying Completion and Final Acceptance of Improvements.
When all Improvements have been completed and accepted by the Town, or the pertinent
utility supplier, and the Warranty Period has expired, the Town agrees that it will issue a
letter, after consultation with the pertinent utility supplier if necessary, in recordable
form, certifying that all obligations of Subdivider under this Agreement have been
satisfied.
13. Amendments. This Agreement may be amended from time to time,
provided that such amendment is in writing and signed by all parties hereto.
14. Covenants Running with the Land. This Agreement and the obligations
hereof shall be deemed to be covenants running with the land and shall be binding on the
successors and assigns of the parties hereto.
The parties hereto have executed this Agreement as of the date first above written.
TOWN OF AVON, a Colorado Municipal
Corporation
ATTEST:
By:
Town Clerk Mayor
APPROVED AS TO FORM:
Town Attorney
Trenton Hubbard, dba THD Colorado, Inc.
By:
Subdivider
•
Dry Creek Subdivision Improvement Agreement, 5 a
1
EXHIBIT A
Dry Creek Development
Subdivision Improvements Agreement
APPROVED PLANS:
Dry Creek PUD
Construction Drawings
Wildridge, Town of Avon, Colorado
September, 2005
Sheets 1 through 8
Release Date: December 1, 2005
Prepared by:
Marcin Engineering LLC
P.O. Box 1062
Avon Colorado 81620
•
•
Dry Creek Subdivision Improvement Agreement,
6
\0
•
0
VYHTRiT R
Dry Creek Development
Subdivision Improvements Agreement
PUBLIC IMPROVEMENTS CONSTRUCTION COST ESTIMATE
Mobilization & Site Prep
Road Cut and Repair
Water Main and Service Installation
Sewer Main and Service Installation
Shallow Utility Service Installation
. (Natural Gas, Cable TV, Telephone & Electric)
Revegetation
Construction Observation, Testing & Certifications
Contingencies @ 15%
Total Estimated Cost
$ 10,250
6,000
21,500
17,250
11,250
3,500
7,000
11.500
$ 88,250
Security Required per Subdivision Improvements Agreement (110%) $ 97,075
Cost Estimate and Security Amount Based on Proposals dated November 28, 2005,
December 2, 2005 and November 30, 2005:
From: November 28, 2005
Quintana Construction
P.O. Box 4316
Eagle, Colorado 81631-4316
December 2, 2005
Adams Excavating & Trucking, Inc.
1370 Spring Creek Road
Gypsum, CO 81637
November 30, 2005
Kemp & Company, Inc.
P.O. Box 189
Edwards, CO 81632
To: THD Colorado Inc.
P.O. Box 8338
Avon, Colorado 81620
Project Reference:
Dry Creek PUD
A Resubdivision of Lot 44, Block 2, Wildridge
Town of Avon, Eagle County, Colorado
Project Engineers:
Marcin Engineers, LLC
P.O. Box 1062
Avon, CO 81620
Dry Creek Subdivision Improvement Agreement,
7
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Eagle, CO 816314316
Name I Address
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P. 1
Estimate
pate
Estimate #
11/2&2005
30
Project
Description
Qty
Rate
Total
405
1.00
405.00
SUPPLY & INSTALL SILT FENCE
1
900.00
900.00
STRIP LOT
1
9,000.00
9,000.00
EXPORT ALLOWANCE
000
16
0.21
3,360.00
REVEG DISTURBED AREAS 16000 SF
,
3
3
250.00
730.00
SET SEWER MANHOLES
40
13.00
5,200.00
400 LF OF SEWER LINE DIG & BACKFILL
160
10.9091
1,800.00
3 SEWER TAPS & 165 LF OF 4" SEWER SERVICES
335
0.91
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.
3,350.00
335 LF WATER MAIN DIG & BACKFILL
i
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0
5,0
51000.00
STREET TIE IN WITH PATCH & FLOWFILL
1 1
500.00
500.00
FIRE HYDRANT
3 P INCH WATER TAPS + 325 LF OF WATERLINE
325
7.6923
95239
5
2,500.00
2,500.00
LF
420
ELECTRIC TRENCH
420
000
2
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1.00
2,000.00
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& PHONE 2000 LF
SHALLOW UTILITIES
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Total
$37,265.00
Signature
-A
Dec 01 2005 4:23PM HP LRSERJET FRX P-1
Adams Excavating azd Tnuldag Inc.
1370 Spring Clwt Rd
Gypsmn. 81637
BID M.
THD Cabradc, Iae.
PO DU SM
Avon. CO SIM
Dry Cemk Padd ota IA3
Wildri&L Avon
PROPOSAL
OA7E PROPOSAL #
12RM w
DESCRIPTION
TOTAL
8triy end Pit mat
73000
200.00
1
MWW Off LOW spat - Soo 00m for Rarag
,
13
Place 3 MWANks
DIS,14, and Sa W 4OW d0' 8DR 35
"
975.00
1
SDR 35
lvmH 3 4" Sower Tops- SIC LF of4
,
50000
1
TV. Tat smwMdm
.
40MM
ft ItteoA and RuUG134W I3ad of r D.LP.
000AO
6
Be" Cut • 71e Into Maio. BadM WM FbWM - InAWW Patch
.
600A0
Iosten Hyd~eot
Imten 3 1- CWw Tape • 330 Lind I" Services - 3 Ca:b Stops - 2 Md w Pita
2,i00r00
h ml 42W Umd .40 Srae&b 40 FJett W
omm
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Its 2,000' Lirnel off Cas"(Phom+CabW)
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R/a loot foswaed w w wuos whb3m TOTAL
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Ws pn*m lDPwamaad wmkm YF pvjm =a UM mmmoput, ma soMYYrNiY
stead to as eadlor by sa We a7ree to am pgaatot scbcdde 90mcd above; and a licence am of 12% Wm Woty to pay to a pmC Atp
IMW foo seeded for edkdim of job totd wW be paid by do client
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•
0
• TOWN OF AVON
RESOLUTION NO. 05-30
Series of 2005
A RESOLUTION APPROVING SUBDIVISION VARIANCE FOR PROPOSED
DRY CREEK P.U.D., A RESUBDIVISION OF LOT 44, BLOCK 2, WILDRIDGE,
TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Blue Bird Meadow, LLC has applied for a Preliminary Subdivision Plan
and Subdivision Variance approval for the proposed Dry Creek P.U.D. a Resubdivision
of Lot 44, Block 2, Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, said Subdivision Preliminary Plan provides for the resubdivision of an
existing four-plex lot into three single family lots with access by easement from an
existing public street; and
WHEREAS, said Variance application is to allow the creation of two lots that do not
have a frontage width of at least 25 feet on a dedicated street as required by Section
16.40.330 of the Avon Municipal Code; and
WHEREAS, The Town Council of the Town of Avon finds that the requested Variance
does not comply 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;
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
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 for Lot'44, Block 2, Wildridge, Town of Avon, Eagle
County, Colorado is hereby approved based on the following findings:
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;
3) The granting of the request will not adversely affect the use of the land in
the immediate area of the tract in question.
-?V
` Ik
ADOPTED THIS ;Llv DAY OF July, 2005. •
TOWN COUNCIL
TOWN OF AVON, COLORADO
As OF
Ronald C. Wolfe, Mayo
SEALi
ATTEST: COldii
F Panc V---(
Kenn wn Clerk
•
0
Resolution No. 05-30 L44B2WR
Page 2 of 2
4-r7W011rWE&T23
• TOWN OF AVON
RESOLUTION NO. 05-31
Series of 2005
A RESOLUTION APPROVING PRELIMINARY SUBDIVISION PLAN FOR DRY
CREEK P.U.D., A RESUBDIVISION OF LOT 44, BLOCK 2, WILDRIDGE, TOWN OF
AVON, EAGLE COUNTY, COLORADO
WHEREAS, Blue Bird Meadow, LLC has applied for a Subdivision Variance and Preliminary
Plan approval for the Dry Creek P.U.D. a Resubdivision of Lot 44, Block 2, Wildridge, Town of
Avon, Eagle County, Colorado in conjunction with an application for a PUD Amendment; and
WHEREAS, said Preliminary Subdivision Plan provides for the resubdivision of one existing
four-plex lot into three single family lots with access by easement from an existing public street;
and
WHEREAS, said Variance application to allow the creation of two lots that do not have a
frontage width of at least 25 feet on a dedicated street as required by Section 16.40.330 of the
Avon Municipal Code was approved by Council Resolution No.05-30, Series of 2005 at a
regular meeting of the Avon Town Council on July 26, 2005; and
WHEREAS, said application for a PUD Amendment for Lot 44, Block 2, 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 approval of the proposed PUD
Amendment; and
WHEREAS, following a public hearing and review of the proposed PUD Amendment, the
Town Council has confirmed the recommendation for approval by the Planning and Zoning
Commission and has approved the Proposed PUD Amendment by the adoption of Ordinance
Number 05-09; and
WHEREAS, the Proposed Preliminary Subdivision Plan is in conformance with the Proposed
PUD Amendment; and
WHEREAS, the proposed Preliminary Subdivision Plan in conjunction with the approved
Variance and subject to specific conditions is in general conformance with the Subdivision
Regulations of the Town of Avon; and
WHEREAS, The Town Council finds that the proposed subdivision conforms to applicable
zoning regulations and it takes into consideration:
(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
i Unit Development;
a~
(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 Dry Creek P.U.D., A Resubdivision of Lot 44, Block 2,
Wildridge, Town of Avon, Eagle County, Colorado is hereby approved subject to compliance
with the following conditions prior to approval of Final Plat:
1) Completion of technical corrections as identified by Town Staff.
2) The submission of acceptable, recorded access easements on Lot 45, Block 2,
Wildridge, Town of Avon, Eagle County, Colorado.
3) The submission of an acceptable recorded agreement for construction, use,
maintenance and snow removal for access easements on Lot 45, Block 2,
Wildridge, Town of Avon, Eagle County, Colorado.
4) The submission and recording of acceptable covenants and by-laws addressing the
construction, use and maintenance of the common access, utility and drainage
easement across Lots 1, 2 and 3.
•
5) Increase the width of the access, utility and drainage easement across Lots 1, 2,
and 3 to a minimum of 35 feet to provide adequate width for access and drainage
construction and maintenance within the easement.
6) The submission of an acceptable grading and drainage plan showing proposed
drainage facilities.
7) The submission of acceptable access driveway sections complete with asphalt and
shoulder widths and material thickness.
8) The submission of utility plans, approved by the appropriate utility company for
water, sewer, electric, gas, telephone and cable TV for providing service to each
lot.
9) The submission of an acceptable revegetation/landscape plan for disturbed areas
10) All grading, drainage and utility plans shall be signed and sealed by a professional
engineer registered in the State of Colorado.
Resolution No. 05-31 1,44132WRPre1 Plan
Page 2 of 3
I~
U
•
•
•
-t{,%
ADOPTED THIS DAY OF August, 2005.
~ a E X44"
A L
ATTEST: `
p /2, rq.
Pa envy, 7-7
TOWN COUNCIL
TOWN OF AVON, COLORADO
4a A-
Ronald C. Wolfe, Mayor
Resolution No. 05-31 L44B2WRPrel Plan
Page 3 of 3
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m PRY CREEK P.U.D. P.O. BOX 1062
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N0. DATE RrtM= BY
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N MARCIN ENGINEERING LLC
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a ~:a PRY CREEK P.U.O. P.O. Box 1062
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LOTS 1. 2. AND 3
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MARCIN ENGINEERING LLC
P.O. BOX 10¢2
AVON
OLORADO 81620
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WILDRIDGE. BLOCK 2
TOWN OF AVON. COLORADO
970-748-0274