TC Council Packet 05-22-2012Resolution 12‐09, Traer Creek Plaza Condominium Map
May 22, 2011 Council Meeting – Continued Public Hearing Page 2 of 6
(2) The final plat conforms to the approved preliminary plan and incorporates all recommended
changes, modifications, and conditions attached to the approval of the preliminary plan;
(3) The final plat conforms to all preliminary plan criteria;
(4) The development will substantially comply with all sections of the Development Code;
(5) The final plat complies with all applicable technical standards adopted by the Town; and,
(6) Appropriate utilities shall provide an ability to serve letter including, but not limited to, water,
sewer, electric, gas, and telecommunication facilities.
Since this review combines preliminary and final plan review into one, the preliminary plan criteria must also
be considered prior to taking action. Pursuant to §7.16.070(e), Preliminary Plan Review Criteria, AMC, Council
must consider the following criteria:
(1) The proposed subdivision shall comply with all applicable use, density, development, and
design standards set forth in this Development Code that have not otherwise been modified or
waived pursuant to this Chapter and that would affect or influence the layout of lots, blocks, and
streets. Applicants shall not create lots or patterns of lots in the subdivision that will make
compliance with such development and design standards difficult or infeasible;
(2) The subdivision application shall comply with the purposes of the Development Code;
(3) The subdivision application shall be consistent with the Avon Comprehensive Plan and other
community planning documents;
(4) The land shall be physically suitable for the proposed development or subdivision;
(5) The proposed subdivision shall be compatible with surrounding land uses;
(6) There are adequate public facilities for potable water supply, sewage disposal, solid waste
disposal, electrical supply, fire protection and roads and will be conveniently located in relation to
schools, police, fire protection and emergency medical services;
(7) The proposed utility and road extensions are consistent with the utility’s service plan and are
consistent with the Town of Avon Comprehensive Plan & Comprehensive Transportation Master
Plan;
(8) The utility lines are sized to serve the ultimate population of the service area to avoid future
land disruption to upgrade under‐sized lines;
(9) The subdivision is compatible with the character of existing land uses in the area and shall not
adversely affect the future development of the surrounding area;
(10) A proposed subdivision for an existing PUD shall be consistent with the relevant PUD Master
Plan as reflected in the approval of that PUD;
(11) Appropriate utilities, including water, sewer, electric, gas and telephone utilities, shall
provide an “conditional capacity to serve” letter for the propose subdivision;
(12) That the general layout of lots, roads, driveways, utilities, drainage facilities, and other
services within the proposed subdivision shall be designed in a way that minimizes the amount of
land disturbance, minimize inefficiencies in the development of services, maximizes the amount of
Resolution 12‐09, Traer Creek Plaza Condominium Map
May 22, 2011 Council Meeting – Continued Public Hearing Page 3 of 6
open space in the development, preserves existing trees/vegetation and riparian areas, protects
critical wildlife habitat, and otherwise accomplishes the purposes of this Development Code;
(13) Evidence that provision has been made for a public sewage disposal system or, if other
methods of sewage disposal are proposed, adequate evidence that such system shall comply with
state and local laws and regulations;
(14) Evidence that all areas of the proposed subdivision that may involve soil or topographical
conditions presenting hazards or requiring special precautions have been identified by the
applicant and that the proposed use of these areas are compatible with such conditions or that
adequate mitigation is proposed;
(15) The subdivision application addresses the responsibility for maintaining all roads, open
spaces, and other public and common facilities in the subdivision and that Town can afford any
proposed responsibilities to be assumed by the Town;
(16) If applicable, the declarations and owners’ association are established in accordance with the
law and are structured to provide adequate assurance that any site design standards required by
this Development Code or conditions of approval for the proposed subdivision will be maintained
or performed in a manner which is enforceable by the Town; and,
(17) As applicable, the proposed phasing for development of the subdivision is rational in terms of
available infrastructure capacity and financing.
Discussion
The Condominium Map meets the technical requirements for a final plat as outlined in the AMC. Prior to
finalizing this document for mylars and signatures, Staff requests that the Applicant update the general notes
on the Condominium Map. Note No. 1 must reference the updated Stewart Title commitment documents.
Additionally, Note No. 19 should reference the Amended and Restated PUD Guide with an area to reference
the future Reception Number for the Clerk and Recorders office.
While the Amended and Restated PUD Guide will be reviewed separately that this Application, the pertinent
portions of that draft document are highlighted below per your request.
Shared Parking
The VAA PUD Amendment application must properly adopt a definition of Public Parking which requires such
parking use to be open to the general public for parking in the event the parking garage (Unit 1) is conveyed in
part or in total. This condition must be met in order to fully comply with the review criteria quoted above, and
PUD standards related to minimum parking requirements.
New language related to Shared Parking facilities is included as part of the PUD Amendment Application
submitted on March 23, 2012. According to the Amended and Restated PUD Guide all parking regulations for
the Village (at Avon) PUD are located in Exhibit C, Parking Regulations. Specifically, Section C, Parking Facilities
Generally, was added. The Parking Facilities section, as drafted, reads:
Resolution 12‐09, Traer Creek Plaza Condominium Map
May 22, 2011 Council Meeting – Continued Public Hearing Page 4 of 6
Exhibit C, Parking Regulations – Amended and Restated PUD Guide‐Version 8 (DRAFT)
The above section explicitly allows portions of the required parking for Traer Creek Plaza to be located within
the parking structure. It further allows all or part of the parking spaces to be used and held by separate
condominium interests and leasehold interest holders.
Parking Requirements
As stated, if the Parking Garage Unit (“Unit 1”) is subdivided as proposed on the Condominium Map and
sold separately from the Retail Units, it must be demonstrated that the parking requirements for the
Retail Units can be satisfied in some other way consistent with the VAA PUD Guide and the Town’s
Zoning Ordinance.
The primary parking requirements for the Village at Avon (VAA) are contained in Exhibit C of the VAA
PUD Guide, the “Off‐Street Parking Regulations.” The Off‐Street Parking Regulations provide four
methods for satisfying required parking, including: Parking Table (required parking formula based on
different uses), Shared Facilities (i.e. facilities constructed by the “Village At Avon”), Reduction in Parking
Requirements for Mixed Use Projects or Shared Facilities (based on Urban Land Institute Standards), and
Parking Space Size Reduction for Compact Cars.
When this application was originally submitted to the Town in 2009, the Applicant submitted parking
calculations (Attachment C) demonstrating the proposed mix of uses, at buildout, would require a total of 215
parking spaces. This number appears to be conservative and assumes another restaurant space on the ground
Resolution 12‐09, Traer Creek Plaza Condominium Map
May 22, 2011 Council Meeting – Continued Public Hearing Page 5 of 6
level. If the space ends up being occupied by any other use the parking demand would be far less for the
commercial space.
The property includes a total of 95 surface parking spaces, and 168 garage spaces. Assuming full buildout
requiring 215 spaces, the net surplus “Public” parking available of the parking structure is 48 spaces, or 28.6%
of the total parking provided in the parking structure Unit.
Public Parking
The Condominium Map is contingent upon approval of the Village (at Avon) PUD Amendment application and
adoption of a definition of Public Parking which requires such parking use to be open to the general public for
parking in order to ensure continued compliance with the Village (at Avon) PUD Parking Regulations for the
public parking spaces constructed in the parking structure.
The draft Amended and Restated PUD Guide submitted as part of the PUD Amendment Application contains a
new definition for “Public Parking.” The definition for Public Parking is as follows:
Exhibit I, Definitions – Amended and Restated PUD Guide – Version 8 (DRAFT)
Declarations
The Condominium Map (Note No. 19) and the Declarations provide assurance that the parking standards for
the mix of uses within Traer Creek Plaza will be met regardless of the parking garage’s ownership. As written
the availability of the parking garage for public parking will be maintained and enforceable by the Town of
Avon. The use restrictions for the parking garage are defined by the Declarations and are consistent with the
Condominium Map. The “Parking Unit” definition affirms public use as follows:
Declarations for Traer Creek Plaza (DRAFT)
Resolution 12‐09, Traer Creek Plaza Condominium Map
May 22, 2011 Council Meeting – Continued Public Hearing Page 6 of 6
Parking Rules
As mentioned in Plat Note No. 20, there will be separate parking rules running with the property. These
Parking rules are consistent with Draft Declarations, Draft Amended and Restated PUD Guide, and other Plat
notes related to Public Parking. The parking rules are attached (Attachment D) per Council’s request.
Escrow Agreement
Instead of a conditional approval of this application, the Applicant desires to have the approval (along with all
other necessary approvals to implement the Settlement Term Sheet) be held in escrow and released upon
completion of all outstanding approvals. To date Staff has not received a draft of the escrow agreement.
Recommendation
Attached to this Memorandum is a draft of Resolution No. 12‐09 (Attachment E), which would approve the
Condominium Map subject to conditions including the successful implementation of the Settlement Term
Sheet, PUD Amendment, and dismissal of the litigation. Also attached to this Memorandum is the Applicant’s
response to Resolution No. 12‐09 (Attachment F), with requested modifications citing the forthcoming Escrow
Agreement.
Staff recommends approval of Resolution No. 12‐09 (Attachment E), Series of 2012, A Resolution Approving
the Condominium Map of Traer Creek Plaza, Lot 2, The Village (at Avon) Filing No 1, Town of Avon, Eagle
County, Colorado, until such time as the Escrow Agreement is reviewed and approved by all parties.
Town Manager Comments
Attachments
Attachment A Condominium Map of Traer Creek Plaza, Lot 2, The Village (at Avon) Filing 1, Town of Avon,
Eagle County, Colorado/ March 22, 2012 letter from Michael J. Repucci
Attachment B Settlement Term Sheet (portion)
Attachment C Parking Calculations from Michael J. Repucci– 10/26/09
Attachment D Draft Parking Rules
Attachment E Resolution No. 12‐09, Series of 2012, A Resolution Approving the Condominium Map of Traer
Creek Plaza, Lot 2, The Village (at Avon) Filing No. 1, Town of Avon, Eagle County, Colorado
Attachment F Staff/Applicant E‐mail Correspondence regarding Draft Resolution No. 12‐09
JOHNSON &REPUCCI LLP
ATTORNEYS AND COUNSELORS AT LAW
2521 BROADWAY,SUITE A
BOULDER,COLORADO 80304
TELEPHONE 303-442-1900
Michael J. Repucci TELEFAX 303-442-0191 BOULDER
mjrepucci@j-rlaw.com www.j-rlaw.com WINTER PARK
March 22, 2012
{00186101 / 1 }
BY ELECTRONIC MAIL
Mr. Matt Pielsticker, Senior Planner
Town of Avon Community Development Department
Post Office Box 975
400 Benchmark Road
Avon, Colorado 81620
Re:Condominium Map of Traer Creek Plaza (the “Map”)
Dear Matt:
In accordance with Paragraph 9 of the Settlement Term Sheet dated October 7, 2011 by
and between, among other parties, the Town of Avon (the “Town”) and Traer Creek Plaza LLC
(“Owner”), this letter and the enclosed documents supplement the prior application of Owner for
approval of the Map. For your convenience, the current draft of the Map, previously transmitted
to Eric Heil for review on January 26, 2012, is enclosed. The enclosed Map was previously
revised to incorporate comments received from Mr. Heil. No further changes have been made to
the Map following Mr. Heil’s review.
Also enclosed are the following items:
1.Declaration of Protective Covenants, Conditions, and Restrictions for Traer Creek
Plaza Condominiums, revised to correct formatting errors identified by Mr. Heil;
and
2.Title Commitment No. 957818with an effective date of March 5, 2012 at 8:00
a.m., issued by Stewart Title Guaranty Company, including links to all recorded
instruments affecting title to the property depicted on the Map.
Under separate cover, the Town has received or will receive from the firm of Otten,
Johnson, Robinson, Neff & Ragonetti, P.C., The Village (at Avon) Amended and Restated PUD
Guide (the “Amended PUD”). Owner previously submitted to Mr. Heil the Traer Creek
Metropolitan District’s Rules and Regulations governing the uses of the public parking garage
designated as Unit 1 on the Map (the “Parking Garage”). The permitted uses for the Parking
Garage are further addressed in the Amended PUD, including the Parking Regulations attached
thereto as Exhibit C.
Attachment A
Mr. Matt Pielsticker
March 22, 2012
Page 2
{00186101 / 1 }
Please schedule this matter for hearing before Town Council, and please feel free to
contact me with any questions or if you require any further information in advance of the Town
Council hearing.
Very truly yours,
Michael J. Repucci
Enclosures
cc:Eric Heil, Esq.
Munsey Ayers, Esq.
Kimberly Martin, Esq.
Darlene Sisneros, Esq.
Angela Rathburn, Esq.
Traer Creek Plaza LLC
Attachment A
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Attachment B
Settlement Term Sheet
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Res. 12-09 Approving Traer Creek Plaza Condominium
12-05-02 ejh
TOWN OF AVON
RESOLUTION NO. 12-09
Series of 2012
A RESOLUTION CONDTIONALLY APPROVING THE CONDOMINIUM MAP OF
TRAER CREEK PLAZA, A RESUBDIVISION OF LOT 2, THE VILLAGE (AT AVON)
FILING 1, LOCATED IN SECTION 7, TOWNSHIP 8 SOUTH, RANGE 81 WEST OF
THE 6TH P.M., TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, on October 7, 2011 Traer Creek Plaza, LLC (“TCP”) , the Town of Avon, and
other parties entered into the Settlement Term Sheet in an effort to resolve pending litigation No.
2008 CV 385 and 2010 CV 316, Eagle County District Court;
WHEREAS, the Settlement Term Sheet and the documents contemplated in the Agreement
require the Town to approve several and various actions which are all related to and necessary
for implementation of the Agreement;
WHEREAS, the Settlement Term Sheet contains the following condition: “Avon must approve
the Traer Creek office building/parking garage condominium application such that the
ownership of the parking garage as established in the pertinent existing instruments between
Developer and the District are recognized and established as condominium interests. This is
required to obtain legal opinions of the re-issue of the District’s bonds”;
WHEREAS, on March 22, 2012, TCP submitted a Condominium Map of Traer Creek Plaza, A
Resubdivision of Lot 2, Village (at Avon) Filing 1, Located in Section 7, Township 8 South,
Range 81 West of the 6th P.M., Town of Avon, Eagle County Colorado, also known as 0101
Fawcett Road;
WHEREAS, the Final Plat is necessary to implement the Settlement Term Sheet;
WHEREAS, the proposed subdivision complies with the requirements for consideration as a
Final Plat;
WHEREAS, the Final Plat was found to be in conformance with the review criteria in Section
7.16.070(f), Final Plat Review Criteria, Avon Municipal Code; and
WHEREAS, the Town Council of the Town of Avon held public hearing for Final Plat review
on May 8, 2012 and May 22, 2012, after posting notice as required by law, considered all
comments, testimony, evidence and staff reports provided by the Town staff prior to taking any
action on the Final Plat application;
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Condominium Map of Traer Creek Plaza, A Resubdivision of Lot 2, Village
(at Avon) Filing 1, Located in Section 7, Township 8 South, Range 81 West of the 6th P.M.,
Town of Avon, Eagle County Colorado, is hereby approved by the Town of Avon, subject to the
following conditions:
Attachment D
Res. 12-09 Approving Traer Creek Plaza Condominium
12-05-02 ejh
1. The Traer Creek Plaza Condominium Subdivision approval is subject to approval of the
Village (at Avon) PUD Amendment application and adoption of a definition of Public
Parking which requires such parking use to be open to the general public for parking.
2. The Traer Creek Plaza Condominium Subdivision approval is subject to the full
implementation of the Settlement Term Sheet and dismissal of the litigation. The Traer
Creek Plaza Condominium Subdivision approval shall not become effective prior to
satisfaction of the conditions stated in this Resolution. If the Settlement Term Sheet is
not fully implemented or prior to May 7, 2013, then this approval shall automatically
expire without further action. The Town Council may extend this conditional approval in
accordance with Section 7.16.020(h).
3. The Condominium Map of Traer Creek Plaza shall not be recorded until conditions 1.
and 2. above are satisfied, and shall thereafter be recorded within ninety (90) days after
satisfaction of the conditions 1. and 2. above in accordance with Section 7.16.070(h)(1).
ADOPTED MAY 22, 2012
TOWN COUNCIL ATTEST:
By:_________________________________ By:________________________________
Rich Carroll, Mayor Catherine Mythen, Deputy Town Clerk
Attachment D
{00054450.DOC v:5 }
E
OWNER/OPERATOR
TRAER CREEK METROPOLITAN DISTRICT
(303) 987-0835
PARKING STRUCTURE
RULES AND REGULATIONS
1.Use.
(a)The Traer Creek Plaza Parking Structure (the “Parking Structure”)shall be
open to the general public in accordance with the Parking Structure Rules and Regulations as set
forth herein and as may be amended from time to time. The Parking Structure serves retail and
commercial development within The Village Metropolitan District, including the office/retail
center located directly above the Parking Structure. The Parking Structure shall be used only as
a public parking facility for automobiles, motorcycles and bicycles and for uses ancillary thereto
and for no other purpose whatsoever (including, without limitation, the storage for any purpose,
installation of automobile accessories, automobile repairs, servicing or bodywork). No person
shall use any roadway or walkway except as a means of egress from or ingress to the Parking
Structure. Such use shall be in an orderly manner and in accordance with directional or other
signs or guides. Roadways shall not be used at a speed in excess of five (5) miles per hour, or as
otherwise posted,and shall not be used for parking or stopping, except for the immediate loading
or unloading of passengers. Walkways shall only be used for pedestrian travel. Although the
Parking Structure is a public parking facility, it shall be subject to the Town of Avon Municipal
Code sections cited herein, which regulate vehicle impoundment on private property, and, for the
purposes of these Rules and Regulations,references therein to “private” property and parking
facilities shall apply to the Parking Structure and the District shall be the “owner” which is
authorized to implement and enforce the requirements set forth therein.
(b)All motor vehicles shall be parked in an orderly manner within the painted
lines defining the individual parking places.
(c)Any vehicle left in the Parking Structure for longer than forty-eight (48)
hours is subject to towing or immobilization (including booting) at the owner's expense, unless
otherwise approved in writing by the manager (the “District Manager”) of the Traer Creek
Metropolitan District (the “District”).
(d)No person (other than authorized personnel) shall enter or use any utility
area or other area reserved for non-public use.
(e)No person shall use or place any Hazardous Materials in, on, or about the
Parking Structure (provided that gas and oil in gas tanks and engines of passenger vehicles
parked in the Parking Structure shall not be deemed Hazardous Materials for purposes of this
paragraph). “Hazardous Material(s)”shall mean any hazardous, toxic, flammable, explosive,
noxious or radioactive substance, material, matter, or waste which is or becomes regulated by
any federal, state, or local law, rule, regulation, code, ordinance, or any other governmental
restriction or requirement.
Attachment E
Draft Parking Rules
{00054450.DOC v:5 }2
2.Signs. No person shall place or permit to be placed any sign, advertising material,
or lettering on the exterior or the interior of the Parking Structure. Notwithstanding the
foregoing, the District shall be allowed to place functionality signs, including, but not limited to,
by the way of example, signs displaying the rules and regulations, wayfinding and/or directional
signs,as well as all signage described in Town of Avon Municipal Code 5.12.100(4) requiring
the posting of signage on and within private parking lots which contain parking spaces for which
the property owner of designees use booting or towing of vehicles for parking enforcement.
3.No Obstruction. No person other than the District shall erect or maintain any
obstructions within the Parking Structure without the express written consent of the District
Manager; without limiting the foregoing, no sale, solicitation, storage or display of merchandise
or services shall be conducted within the Parking Structure. No person other than the District
shall erect or maintain any fence or barrier without the express written consent of the District
Manager.
4.Prohibitions.Ex cept to the extent the following prohibitions are forbidden by
law, no person shall,in or on any part of the Parking Structure:
(a)Vend, peddle,solicit orders for, or distribute any merchandise, device,
service, periodical, book, pamphlet or other matter whatsoever;
(b)Exhibit any sign, placard, banner, notice or other written material (except
authorized materials relatingto the use or operation of the Parking Structure);
(c)Distribute any circular, booklet, handbill, placard or other material;
(d)Solicit membership in any organization, group or association or
contributions for an y purpose;
(e)Parade, rally, patrol, picket or demonstrate, or engage in any conduct that
might tend to interfere with or impede the use of the Parking Structure;
(f)Throw, discard or deposit any paper, glass or extraneous matter of any
kind, except in designated receptacles, or create litter or hazards of any kind;
(g)Use an y sound-making device of any kind or create or produce in any
manner noise or sound that is annoying, unpleasant, or distasteful to occupants or permittees;
(h)Deface, damage or demolish any sign, light standard or fixture,
landscaping material or other improvement within the Parking Structure, or the property of
customers, business invitees or employe es situated within the Parking Structure;
(i)Do anyt hing which (i)violates any law, ordinance or regulation,
(ii)constitutes a hazardous use or public or private nuisance, or (iii)violates, suspends or voids
any policy or policies of insurance on the Parking Structure;
(j)Skateboard, rollerblade or otherwise use the Parking Structure for
recreational purposes;
Attachment E
Draft Parking Rules
{00054450.DOC v:5 }3
(k)Sleep in, on or about one’s vehicle or otherwise use the Parking Structure
for camping or residential accommodation; or
(l)Loiter.
The listing of specific prohibited items is not intended to be exclusive, but to indicate in
general the manner in which the right to use the Parking Structure is limited and controlled by
the District.
5.Towing and Immobilization. The District reserves the right to have any vehicles,
property or equipment placed or used in the Parking Structure in violation of these Rules and
Regulations removed,towed or immobilized (including booting)at the owner’s cost and expense
in accordance with the requirements of Town of Avon Municipal Code Sections 5.12.100,
5.12.110 and 5.12.120.
6.Construction/Contractors. During periods of construction in the office/retail
suites, the District shall designate an area or areas within the Parking Structure for use by
contractors and construction personnel. Such areas may be used for the temporary parking of
construction vehicles and the temporary placement or stockpiling of construction equipment and
materials. The following terms and conditions, in addition to others the District may impose or
adopt from time to time, shall govern such use of the Parking Structure:
(a)The contractor/construction personnel must obtain a permit for such use
from the District. A fee of $15.00 per day per user shall be imposed and must be paid in advance
of such use.
(b)Placards, decals or other markings as may be required by the District shall
be placed on the dashboards of construction vehicles, affixed to construction equipment and/or
materials in such manner as the District may require.
(c)No explosive, flammable, corrosive or other volatile or hazardous
materials may be brought into, placed or stored within the Parking Structure.
(d)Elevators serving the Parking Structure and other portions of the
office/retail complex shall not be used for the transport of construction materials or equipment.
All construction equipment and materials must be brought into the office/retail complex through
other means to be designated by the owner or manager thereof.
(e)All damage to the Parking Structure, other portions of the office/retail
complex or personal property owned by third parties shall be the responsibility of the
contractor/construction personnel. The District shall not have and shall not assume any liability
for any such damage. The District also disclaims any responsibility or liability for lost, stolen or
damaged construction vehicles, construction equipment or construction materials and any injury
suffered by any user of the Parking Structure.
(f)As a condition to obtaining a permit for such use, the contractor/
construction personnel must provide to the District proof of commercial general liability and
automobile liability insurance in amounts not less than $1,000,000 per occurrence, and all such
Attachment E
Draft Parking Rules
{00054450.DOC v:5 }4
policies must name the District as an additional insured. All contractors/construction personnel
must also demonstrate to the District that a policy or policies of worker’s compensation
insurance is in effect, such that all employees and construction personnel are covered by a policy
in full force and effect.
(g)Contractors and construction personnel are reminded of the Parking
Structure’s height restriction: NO VEHICLES OVER 7’0” IN HEIGHT.
7.Fees. The District may, from time to time, impose certain fees, rates or charges
for use of the Parking Structure. Any such fees, rates or charges will be imposed, due and owing
in accordance with a separate resolutionof the District. Further, any such fees, rates or charges
may be increased or decreased from time to time, in the discretion of the District; provided,
however, any fees established and imposed by the District shall be in accordance with
commercially reasonable standards of similar parking structures in the Vail Valley, and to the
extent that such fees relate to parking enforcement, all such fees shall comply with the
requirements of Town of Avon Municipal Code Section 5.12.110.
Attachment E
Draft Parking Rules
1
Matt Pielsticker
From:Martin, Kimberly A. <kmartin@ottenjohnson.com>
Sent:Friday, May 04, 2012 11:39 AM
To:Ayers, Munsey; Eric Heil Email
Cc:Larry Brooks; Matt Pielsticker; Justin Hildreth
Subject:RE: Traer Creek Plaza Condo Plat Resolution
Attachments:DENVER01-#1014688-v2-
Avon_Council_Resolution_Re__Traer_Plaza_Condominium_Plat_Approval.DOC;
DENVER01-#1014688-vdoc-
Avon_Council_Resolution_Re__Traer_Plaza_Condominium_Plat_Approval.DOC
Per Munsey's email below, attached are clean and redline versions of the resolution for your review. I'm available to
make revisions as necessary.
Thanks.
Kim
From: Ayers, Munsey
Sent: Friday, May 04, 2012 8:53 AM
To: 'Eric Heil'; Martin, Kimberly A.
Cc: 'Larry Brooks'; 'Matt Pielsticker'; 'Justin Hildreth'
Subject: RE: Traer Creek Plaza Condo Plat Resolution
Eric - Kim and I discussed the draft resolution this morning and Kim will be proposing some revisions for your
consideration. Those proposed revisions will generally address our concern with the nature of the action being
characterized as conditional, which we view as problematic in terms of the triggering of the legal challenge time frame. In
general, Kim will be adding recitals identifying the PUD application in order to make the definitional connection and inter-
relationship on the public parking issue, and identifying the Escrow concept. Then, in the numbered paragraphs we would
want to see the approval characterized as final action, recognize the inter-dependency with the PUD, recognize the
deposit of the final approved condo plat and resolution into Escrow, and recognize that the plat will attach to burden and
benefit the property only upon recordation in accordance with the terms and conditions of the Escrow. As you know, I'm
wanting to be very precise and attentive to the recent case law.
If you have concerns with this approach, please advise. Otherwise, Kim is working on some language.
Thanks, and see in an hour or so.
MUNSEY AYERS
ATTORNEY AT LAW
OTTEN JOHNSON
ROBINSON NEFF + RAGONETTI PC
D 303 575 7555 F 303 825 6525 MUNSEY@OTTENJOHNSON.COM
950 SEVENTEENTH STREET SUITE 1600 DENVER COLORADO 80202
OTTENJOHNSON.COM | ROCKYMOUNTAINREALESTATELAW.COM
This email message, any attachments, and any metadata contained therein are for the sole use of the intended recipients and may contain information that is confidential and
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Attachment F
2
From: Eric Heil [mailto:ericheillaw@gmail.com]
Sent: Wednesday, May 02, 2012 10:11 AM
To: Ayers, Munsey; Martin, Kimberly A.
Cc: 'Larry Brooks'; 'Matt Pielsticker'; 'Justin Hildreth'
Subject: Traer Creek Plaza Condo Plat Resolution
Munsey and Kim, attached is Resolution No. 12-09 approving the Traer Creek Plaza Condominium
Plat with conditions. Please provide comments. Town staff will need to finalize soon (Thursday at
noon is the standard deadline). Thanks, Eric
Eric J. Heil, Esq., A.I.C.P.
HEIL LAW
& PLANNING, LLC
2696 S. Colorado Blvd., Suite 550
Denver, CO 80222
Tel 303.975.6120
Mob 303.518.4678
Fax 720.836.3337
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Attachment F
Res. 12-09 Approving Traer Creek Plaza Condominium
12-05-02 ejh
1014688.1
1014688.2
TOWN OF AVON
RESOLUTION NO. 12-09
Series of 2012
A RESOLUTION CONDTIONALLY APPROVING THE CONDOMINIUM MAP OF
TRAER CREEK PLAZA, A RESUBDIVISION OF LOT 2, THE VILLAGE (AT AVON)
FILING 1, LOCATED IN SECTION 7, TOWNSHIP 8 SOUTH, RANGE 81 WEST OF
THE 6TH P.M., TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, on October 7, 2011 Traer Creek Plaza, LLC (“TCP”) , the Town of Avon, and
other parties entered into the Settlement Term Sheet (“Settlement Term Sheet”) in an effort to
resolve pending litigation No. 2008 CV 385 and 2010 CV 316, Eagle County District Court;
WHEREAS, the Settlement Term Sheet and the documents contemplated in the Agreement
requirerequires the Town of Avon to approve several and various actions which are all related to
and necessary for implementation of the Agreementthe resolution of the litigation, which actions
including, among others, approval by the Town of Avon of an amendment to the planned unit
development zoning documents for the development known as The Village (at Avon) and a
condominium plat for certain property within The Village (at Avon) known as Traer Creek
Plaza;
WHEREAS, with respect to such condominium plat, the Settlement Term Sheet contains the
following condition: “Avon must approve the Traer Creek office building/parking garage
condominium application such that the ownership of the parking garage as established in the
pertinent existing instruments between Developer and the District are recognized and
established as condominium interests. This is required to obtain legal opinions of the re-issue of
the District’s bonds”;
WHEREAS, on March 23, 2013, affiliates of TCP submitted a development application for an
amendment to the planned unit development for The Village (at Avon) (“PUD”);
WHEREAS, on March 22, 2012, TCP submitted a development application for a minor
subdivision for a Condominium Map of Traer Creek Plaza (“Final Plat”), A Resubdivision of Lot
2, Village (at Avon) Filing 1, Located in Section 7, Township 8 South, Range 81 West of the 6th
P.M., Town of Avon, Eagle County Colorado, also known as 0101 Fawcett Road;
WHEREAS, in connection with implementation of the Settlement Term Sheet, it is
contemplated that the parties to the litigation will enter into an escrow agreement that will
provide for, among other matters, (i) the escrow of, among other documents, the PUD and the
Final Plat upon approval of the same by the Town Council of the Town of Avon, and (ii) the
release from escrow and recording in the real property records of Eagle County, Colorado of the
PUD and Final Plat upon the satisfaction of certain matters;
WHEREAS, the Final Plat is necessary to implement the Settlement Term Sheet;
Attachment F
Res. 12-09 Approving Traer Creek Plaza Condominium
12-05-02 ejh
1014688.1
1014688.2
WHEREAS, the proposed subdivisionFinal Plat complies with the requirements for
consideration as a Final Platminor subdivision in accordance with Section 7.16.070, Avon
Municipal Code;
WHEREAS, the Final Plat was found to be in conformance with the review criteria in Section
7.16.070(f), Final Plat Review Criteria, Avon Municipal Code; and
WHEREAS, the Town Council of the Town of Avon held a public hearing for Final Plat review
on May 8, 2012, after posting notice as required by law, considered all comments, testimony,
evidence and staff reports provided by the Town staff prior to taking any action on the Final Plat
application;
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Condominium Map of Traer Creek Plaza, A Resubdivision of Lot 2, Village
(at Avon) Filing 1, Located in Section 7, Township 8 South, Range 81 West of the 6th P.M.,
Town of Avon, Eagle County Colorado, is hereby approved by the Town of Avon, subject to the
following conditions:
1. The Traer Creek Plaza Condominium Subdivision approval isFinal Plat is hereby
approved by the Town Council of the Town of Avon subject to Town Council approval of the
Village (at Avon) PUD Amendment application and adoption of a definition of Public Parking
which requires such parking use to be open to the general public for parking PUD, which
includes a definition of “public parking” substantially providing that public parking facilities are
owned by the Town of Avon or another governmental or quasi-governmental entity and are
available for parking by the general public.
2. The Traer Creek Plaza Condominium Subdivision approval is subject to the full
implementation of the Settlement Term Sheet and dismissal of the litigation. The Traer Creek
Plaza Condominium Subdivision approval shall not become effective prior to satisfaction of the
conditions stated in this Resolution. If the Settlement Term Sheet is not fully implemented or
prior to May 7, 2013, then this approval shall automatically expire without further action. The
Town Council may extend this conditional approval in accordance with Section
7.16.020(h).approval of the Final Plat is effective as of May 8, 2012 and constitutes the final
approval of the Final Plat for purposes of appeal of such approval.
3. The Condominium Map of Traer Creek Plaza shall not be recorded until conditions 1.
and 2. above are satisfied, and shall thereafter be recorded within ninety (90) days after
satisfaction of the conditions 1. and 2. above in accordance with Section 7.16.070(h)(1). fully
executed Final Plat and this fully executed Resolution 12-01, Series 2012, is authorized and will
be delivered into escrow, and, upon any release from escrow and recording in the real property
records of Eagle County, Colorado, all in accordance with the terms of the Escrow Agreement,
will encumber and be binding upon the property subject to the Final Plat.
ADOPTED MAY 8, 2012
TOWN COUNCIL ATTEST:
Attachment F