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TC Council Packet 05-28-2002Town Council Meetings Roll Call Check Sheet Dato- Mi h c ael Brown D bbi e e Buckley P eter Buckley Ri P ck Cuny Mac McDevitt B uz Reynolds Judy Yoder Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for meeting roll call or to break a tie vote. Seating arrangements from west to east: P. Buckley, Cuny, Reynolds, Yoder, McDevitt, D. Buckley, Brown Malt Present: Bill Efting Jeff Layman Larry Brooks ? Norm Wood John Dunn Meryl Jacobs " Patty McKenny -_`?_Jacquie Halburnt Bob Reed ? Harry Taylor Scott Wright ? Ruth Borne Other Staff 1ATown Clerk\Council\Packets\Council Meeting Check List.doc Town Council Meetings Roll Call Check Sheet Date: Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for meeting roll call or to break a tie vote. Seating arrangements from west to east: P. Buckley, Cuny, Reynolds, Yoder, McDevitt, D. Buckley, Brown Staff Present: Bill Efting Jeff Layman Ruth Borne Larry Brooks Norm Wood Other Staff John Dunn Meryl Jacobs Patty McKenny Bob Reed Jacquie Halburnt Harry Taylor Scott Wright IATown Clerk\Council\Packets\Council Meeting Check List.doc "THE FIRST 100 DA YS" PURPOSE: • TO COM R:BI :'E TO ECONOMIC BALANCE • TO AUGMENT EXISTING BUSINESS SERVICE • TO BE A TOURISNUBUSINESS ADVOCATE ¦ TO FOCUS COORDINATED ACTION EXPECTED BENEFITS: • SIMPLIFICATION & COORDINATION • IMPROVED BUSINESS SERVICES • ECONOMIC ENHANCEMENT • EXPANDED SERVICE QUALITY ASSURANCE • ENHANCED PUBLIC AFFAIRS CAPABILITY I SIMPLIFICATION W COORDINATION ? MERGED NIEMBERSHIPS/BENEFITS ? FINALIZED VISION/MISSION/PRIORITIES ? MERGED WEBSITE ? FILLED TWO KEY DEPT. HEAD POSITIONS ? DEVELOPED LODGING ADVISORY COUNCIL ? DEVELOPED "ONE VALLEY LEADERSHIP COALITION" BUSINESS SERVICE ? ,PRINT QUAR-fERLY NEWSLETTER. . 1000 STAKEHOLDERS ? MONTHLY ONLINE NEWSLETTER ...1200 "VISITS" 1sT TWO WEEKS ? CONCIERGE WEBSITE ?$80,000 DIVIDENDS...WORKER'S COMP ? COMMUNITY EMPLOYMENT RESOURCES FORUNI...MAY 31 ? FINALIZING RATES/COVERAGE.. CHAMBER HEALTFICARE PROGRAM ECONOMIC ENHANCEMENT ? 125 LEADS THROUGH Nlay...+5% ? S43 MILLION GROUP BOOKINGS ? COORDINATING LOGISTICS...ADP ? LDG. COUNCIL...LEADERSHIP ON CONIF11,111[:NCi-7 1l.,,C11-1"I": 2 EXPANDED SERVICE QUALITYASSURANCE _ ? FINALIZED SUPPORT FOR FALL CUSTOMER SERVICE TRAINING ?FINALIZED LEADERSHIP PROGRAM FOR MIDDLE MANAGERS FOCUS FOR THE REST OF 2002 • EFFECTIVE VISITOR MARKETING • DEVELOP ADVOCACY AGENDA ¦ GROW MEMBERSHIP/STABLE FUNDING BASE ¦ REDUCE COST OF DOING BUSINESS ¦ IMPLEMENT ENHANCED BENEFIT STRUCTURE THANK YOU FOR YOUR SUPPORT.! 3 Gerry Sandberg Box 398 Eagle, Colorado 81631 Home: 970-524-7647 Cell: 970-471-6222 sand berg(W-centurytel.net As many of you already know, I am a Democratic candidate for Eagle County Commissioner and I will be opposing the Republican incumbent for that office. I would like to give you a very brief synopsis of who I am, but first let me thank those of you who have given your time and energy to make local government work for the benefit of all. My overriding belief is that the office of county commissioner should not be a political office, but a public service office driven by community service and consensus building. am instilled with a sense of obligation to help preserve Eagle County's past, while at the same time ensuring that we work for a better future keeping in mind why we choose to live here. Briefly, my public service background in Eagle County includes seven years of service on the Eagle County Board of Education, the Gypsum Town Council and the Colorado State Wildlife Management Public Education and Advisory Board, representing Western Slope Municipalities. Additionally, I have had the privilege to serve on numerous other committees and boards throughout Eagle County. My family has deep roots here, dating back over a century. Judge Andy Gerard, my father-in-law, who served as the Eagle County Judge for over twenty years, still lives in the house he was born in on Gypsum Creek. My wife, Arleen, Administrator for the 5th J.D. District Attorney's Office, serves on the Western Eagle County Ambulance District Board, as well as other numerous community committees and volunteer activities. The rhythm of my heart, my daughter Annika, is 10 years old, in 4th grade at Gypsum Elementary School. Professionally, I have served the citizens of Eagle, Lake, Summit and Clear Creek Counties for the last 17 years as Chief Investigator for the 5th J. D. District Attorney's Office. Before coming to Eagle County in 1980, 1 was a teacher in Illinois for 10 years. My Master's Degree in Education came after serving for four years active duty with the United States Marine Corps. Again, this is a brief synopsis of who I am and I stand ready to serve you. At this time I am asking for your endorsement and support so I may do so. FINANCIAL MATTERS May 28, 2002 1. Detail - Building Activity Report 2. Detail-Real Estate Transfer Taxes 3. Detail-Sales Tax Update 4. Detail-Accomodations Tax Update Town of Avon 970-748-4030 P.O. Box 975 Avon, Co. 81620 748-4094 For Inspection Request Permit Tally For: April, 2002 Printed:5/22/02 Page1 of2 Permit Purpose: Expand SF Residential Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 2 Construction Value: $4,500.00 # of Bldgs: 1 # of Units: 1 Permit Charges: $226.46 Permit Purpose: New SF Residential Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $1,750,000.00 # of Bidgs: 1 # of Units: 1 Permit Charges: $15,543.94 Permit Purpose: Repair/Remodel CommlIndust Public: Bldg. Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 3 Construction Value: $16,500.00 # of Bldgs: # of Units: Permit Charges: $987.62 Permit Purpose: Repair/Remodel MF Residential Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $15,000.00 # of Bldgs: # of Units: Permit Charges: $414.56 Construction Value $1,786,000.00 Permit Charges: $ 17,172.58 Town of Avon Real Estate Transfer Tax Transactions Calendar Year 2002 Purchaser Amount of RETT Name Property Received March Balance Forward $429,227.96 Title Co of Rockies Mtn Vista #54 $44,789.40 Title Co of Rockies Christie Lodge Timeshares 976.00 Title Co of Rockies Lakeside Terrace Timeshares 824.90 Stewart Tiltle Edwards Avon Plaza #A202 2,000.00 Stewart Tiltle Edwards Stone Creek Condos #106 3,920.00 Land Title Guarante Lot 3, Mtn Star 64,500.00 Title Cc of Rockies Christie Lodge Timeshares 229.91 Stewart Tiltle Edwards Sundridge Condos #C101 2,598.00 Title Cc of Rockies Christie Lodge Timeshares 403.20 Title Co of Rockies Mtn Vista #53 13,476.70 Title Cc of Rockies Christie Lodge Timeshares 371.60 Title Co of Rockies Lakeside Terrace Timeshares 170.00 Title Co of Rockies Christie Lodge Timeshares 371.20 Title Co of Rockies Christie Lodge Timeshares 107.00 Stewart Tiltle Edwards Lot 45, Block 1, Benchmark at BC 20,000.00 Stewart Tiltle Edwards La Vie Bonne Townhomes #G 2,016.00 First American Heritage Metcalf Commercial Park #101 3,944.14 Title Co of Rockies Mtn Vista #52 11,686.70 Title Co of Rockies Mtn Vista #51 10,756.70 1 st Bank of Avon Avon Crossing #4312 2,280.00 First American Heritage Lot 51 A, Block 1, Wildridge 6,460.00 Land Tlitle Guarante Lot 51, Mtn Star 25,000.00 $646,109.41 Total through April $646,109.41 Total through March ($429,227.96) Total April Receipts 216,881.45 TOWN OF AVON SALES TAX BY MONTH 1998 97'-98'% 1999 98'-99'% 2000 99'-00'% 2001 00'-01% 2002 01'-02% Total5-Yr Change Change Change Change Change % Increase January 379,424.41 0.48% 384,939.69 1.45% 359,721.88 -6.55% 408,217.16 13.48% 411,790.30 0.88% 8.53% February 378,112.00 4.30% 397,323.16 5.08% 397,291.59 -0.01% 401,384.50 1.03% 400,493.88 -0.22% 5.92% March 460,191.56 -1.81% 474,933.06 3.20% 457,053.94 -3.76% 503,411.30 10.14% 483,385.43 -3.98% 5.04% April 310,197.72 16.90% 302,864.19 -2.36% 337,087.43 11.30% 344,079.71 2.07% - -100.00% -100.00% May 249,079.90 3.35% 265,405.35 6.55% 286,191.36 7.83% 317,331.11 10.88% -100.00% -100.00% June 337,562.03 7.81% 395,755.68 17.24% 398,869.89 0.79% 393,695.61 -1.30% -100.00% -100.00% July 370,086.73 4.81% 395,954.38 6.99% 415,978.51 5.06% 434,867.02 4.54% -100.00% -100.00% August 363,110.96 7.39% 366,648.94 0.97% 400,447.52 9.22% 421,012.61 5.14% -100.00% -100.00% September 333,508.38 4.41% 364,432.54 9.27% 375,400.90 3.01% 356,264.03 -5.10% -100.00% -100.00% October 305,035.11 15.68% 295,541.62 -3.11% 320,796.00 8.55% 361,688.95 12.75% -100.00% -100.00% November 335,073.59 -1.22% 320,335.28 -4.40% 329,170.99 2.76% 333,024.51 1.17% -100.00% -100.00% December 550,077.22 3.03% 564,813.35 2.68% 607,777.58 7.61% 615,165.05 1.22% -100.00% -100.00% YTD Total 4,371;459.6 4.69% 4,528,947.24 3.60% 4,685,787.59 3.46% 4,890,141.56 '..360,1o 1,295,669.01 -1.32% 6.40% YTD Through March Collections 1998-2002 1,320,000.00 1,300,000.00 1,280,000.00 1,260,000.00 1,240,000.00 1,220,000.00 1,200,000.00 1,180,000.00 1,160,000.00 Year Monthly Collections for March 1998-2002 510,000.00 500,000.00 490,000.00 480,000.00 470,000.00 460,000.00 450,000.00 440,000.00 430,000.00 `t = 1998 1999 2000 2001 2002 1998 1999 2000 2001 2002 TOWN OF AVON ACCOMMODATIONS TAX BY MONTH 1998 97'-98% 1999 98-99% 2000 99'-00'% 2001 00'-01'% 2002 OV-02'% Total5-Yr Change Change Change Change Change % Increase January 39,357.21 -1.50% 41,102.99 4.44% 24,753.92 -39.78% 35,913.75 45.08% 33,569.05 -6.53% -14.71% February 42,769.24 -5.60% 36,985.03 -13.52% 32,158.10 -13.05% 42,137.63 31.03% 40,888.10 -2.97% -4.40% March 51,035.34 -19.06% 42,018.24 -17.67% 42,385.82 0.87% 55,435.56 30.79% 56,372.30 1.69% 10.46% April 13,556.94 14.40% 11,609.15 -14.37% 10,166.11 -12.43% 12,152.00 19.53% - -100.00% -100.00% May 5,762.93 -34.21% 6,117.50 6.15% 5,712.27 -6.62% 6,749.18 18.15% -100.00% -100.00% June 12,609.03 -9.82% 14,958.28 18.63% 15,610.67 4.36% 15,630.07 0.12% -100.00% -100.00% July 20,845.64 -2.13% 21,120.57 1.32% 21,769.19 3.07% 22,567.70 3.67% -100.00% -100.00% August 22,875.39 2.28% 16,452.89 -28.08% 17,093.13 3.89% 19,873.96 16.27% -100.00% -100.00% September 11,262.18 0.79% 10,300.61 -8.54% 12,810.60 24.37% 13,059.89 1.95% -100.00% -100.00% October 8,315.76 -5.71% 7,258.18 -12.72% 9,139.51 25.92% 7,065.21 -22.70% -100.00% -100.00% November 10,813.22 -10.72% 7,889.97 -27.03% 10,233.40 29.70% 7,592.38 -25.81% -100.00% -100.00% December 32,602.89 -18.49% 25,606.29 -21.46% 32,309.50 26.18% 29,964.55 -7.26% -100.00% -100.00% YTD Total 271,805.77 -9.00% 241,419.70 -11.18% 234,142.22 -3.01% 268,141.88 14.52% 130,829.45 -1.99% -1.75% YTD Through March Collections 1998-2002 l: 140,000.00 r r 9 ??? e 120,000.00 ` Y s s ,, fE 100,000.00 A Tr f' 80,000.00 60,000.00 fi a u ? ' r i 40,000.00 1 ` rs j 20,000.00 5 s 1998 1999 2000 2001 2002 Year Monthly Collections for March 1998-2002 60,000.00 50,000.00 40,000.00 30,000.00 20,000.00 10,000.00 1998 1999 2000 2001 2002 TOWN COUNCIL VACANCY LETTERS OF INTEREST/RESUMES Interview Time Name 3:00 PM Tim Savage 3:10 PM Rene Martinez 3:20 PM Steve Michonski 3:30 PM Bob Angel 3:40 PM Brian Sipes 3:50 PM Tab Bonidy Council Vacancy.xls 05/23/2002 Rene Martinez P.O. Box 6372 Avon, CO 81620 Monday, May 13, 2002 Avon Town Council Members P.O. Box 975 Avon, CO 81620 Dear Avon Town Council Members, I am writing to express an interest in the Avon Town Council position for which you are currently recruiting. As a town member; I am very concerned of the development and well being of my community. Now that I see an opportunity to join the Avon Town Council I would like to participate in building a healthy community for everybody. As I have expressed before community issues are important to me. At the present time I am a current member of La Mesa, a Hispanic Community Organizing Group dealing with community issues. WORK HISTORY 2000-Present Town of Vail Vail, CO Sweeper Operator and Building Maintenance Technician ¦ Improved working techniques. ¦ Form an excellent working team. ¦ Trained personnel for the department. 2000 City Market Avon, CO Meat Cutter ¦ Good customer service. ¦ Formed an excellent working team. ¦ Trained personnel for the department. ¦ Increased volume production. 1998-1999 JIAPAS Zacatecas, Mx. Assistant Supervisor for the Department of WaterQuality Sampler and analyzer of anomalies in domestic water and wastewater for the city. ¦ Formed an excellent working team ¦ Trained personnel for the department. ¦ Maintenance engineer for the wastewater treatment plant "El Orito". ¦ Advisor for the wastewater treatment plants in the city. ¦ Advisor for a mine company in the use of their waste products. ¦ Executor of a domestic wastewater project for the city. Collaborator in the design and efficiency of tools and wastewater treatment plants. ¦ Decreased in half costs in projects and tools. ¦ Assisted in conferences related to water quality, first aide, ecology and human resource. ¦ Technician in the use of chlorine. 1997 Cantera y Plata Zacatecas, Mx. Dine Elaborator ¦ Increased volume production. ¦ Formed an excellent working team. ¦ Trained personnel for the department. ¦ Maintenance engineer for the company. ¦ In charge of the well functioning of the process as well as waste products. To: Town of Avon Town Council Re: Application for available Town Council Position replacing Rick Cuny Town Council Members: I am writing to apply for the available position on the Town of Avon, CO Town Council. As a resident of the Town of Avon for the last three years, and neighboring Eagle-Vail prior to that, I have developed a strong interest in the decisions made by the Town. I feel that I have some good insights and ideas that will benefit the Town and the Council. Over recent years, I have been self-employed in the real estate profession, both in sales and development. My experiences have offered me the opportunity to work with many residents of the valley, town officials, county officials, and local business owners. I feel that I have a first-hand knowledge of what many people expect from their local government, and what they want to see develop in the Valley. Avon is the hub of the Vail area. It has become the "real world" for many of us living in a resort community. I think that this is an important element to the town. However, I think it is imperative that Avon remains part of the ski business. The west part of town, with all of the hotel rooms coming, must avoid the strip-mall feel and develop a resort experience. The pedestrian mall and gondola are very attractive to me as a local, a skier, and a businessperson. Obviously, they must make financial sense, but I would like to work on a satisfactory situation that brings in these elements (or parts of them). Some other ideas that I have involve the future of our town and the Valley. As a growing resort area, certain items have been neglected that I would like to draw attention to. We are truly a year-round community with residents of all ages. I would like to see certain properties set aside for the needs of such a community. With real estate values where they are, it is difficult for churches, community centers, and other vital entities to find places to operate. Perhaps land should be zoned or annexed and sold specifically for these types of properties. Also, it may be time to consider a cemetery. As a councilman, I would focus on developing a town that fulfills its residents everyday needs while offering a Rocky Mountain experience to its visitors. Thank you for considering me for this position. I look forward to the possible opportunity of working with you in the near future! Sincere, live Michonski MAY-13-02 14:43 From:VAIL DAILY ADVERTISING DEPT Bob Angel 5761 Wildridge Road, Avon, CO 81820 Avon Town Council 400 Benchmark Road Avon, CO 81620 Ladies and Gentlemen, 9709497094 1-M r.uiiuc JUG-q- I'm convinced my skills and experience will be a valuable asset to help guide Avon toward its bright future. I'd like to put those skills and experience to work for my community as a member of the Avon Town Council. With 25 years of experience in bringing Big Box retailers to new communities, and making them an integral part of those communities, I bring a unique perspective to the issues Avon must contend with in the immediate future. I've also experlenced the plight of the small business owner struggling to make a weekly payroll and retain a staff. While running PetSmart and Service Merchandise, I had to work cooperatively with many towns and cities all over the country as we sought approval to launch our businesses. We carefully adhered to all rules and regulations, and worked tirelessly with both the town officials, as well as business and community leaders to help build consensus. At the same time, I supervised more than 4,000 employees, and gained extensive expertise in operations policies and procedures. I co-authored operations, policies and procedures manual for W.R. Blair Corporation, an international catalog showroom business. Because I've been on both sldes of the table, I understand the businessperson's plight, and what they need from their town to help make them successful. I also understand the town's perspectives, and what they need from their business community. My community service includes serving on the board of directors for the Humane Society organization, and as an advisor to another Humane Society organization. I was named Humanitarian of the Year for PetSmart in 1996. Robert G. Angel 5761 Wildridge Rd. Avon, Co. 81620 Work History: Jan/2001/ Present Eagle Valley Temp Avon, Co. Dec./1993-Nov./2000 H I I - LIH I I N) Petsmart Corp. Operation Executive, United Kingdom / Market Manager Mid.- Atlantic Region Petsmart Inc. Phoenix, Arizona Responsible for the complete store operation of ninety-nine stores generating $594 million of revenue per year. Implemented operating policies and procedures for the transition of two major corporations. Process included converting United Kingdom operations internal controls. Merchandising transition, store layouts, customer service, budget process and payroll, marketing and public relations and working with H.R. dept. in the re-training of all associates to the United States standards and the revisions of all training manuals. Provided analysis strength and weaknesses of the UK Division and key recommendations to the CEO of US division and CEO of the UK division. Participated in the site selection for new stores. Interviewing and hiring of all senior management in my division. May/1988-Dec./1993 VP/ Director of Operations W.R. Blair Inc. Waldorf, MD. Handled complete store operations for thirty-seven store retail conglomerate that generated $207 million of revenue per year. Responsible for the budgeting activities as well at analysis of the variances in the profit and loss statements. Participated in the selection of sites for new stores, hired all senior management, and designed stores layouts. Provided the budgeting of the company and training of senior management in all aspect of store operation including payroll control, merchandising, human resources, distribution. Overseer of two distribution centers, public relation, customer service and complete marketing plan for the company. I co- author the Standards and Procedures manual for the company. May 9, 2002 Town Council and Mayor Town of Avon PO Box 975 Avon, CO 81620 REF: Interest in the Vacant Town Council Seat Mrs. Mayor and Council: I am writing to express my interest in the Town Council seat recently vacated by Councilman Cuny. I know all of you from my 3 years on the Avon Planning and Zoning Commission, a post to which you recently reappointed me. I would like to make a greater contribution to the town of Avon in a leadership rather than reactionary roll. I would approach the council position much the same way that I have approached my position on P&Z. My focus, at least initially, would be on development issues. I am the first to admit that there is much that you do that I would have to learn. Most of the fiduciary, political and legislative work that the council performs is outside my experience on the P&Z. Because of that I would be looking to you as colleges for guidance. I think I have shown, however, that I am a quick study and I would expect to be a contributing member in a short time. Most of you that know me understand that I value vision, personal integrity and fairness. As a Council member I would always voice my opinion on what I believe is right for the town. We will not always agree on issues but I always fully respect any and all other opinions. I believe in diversity and consensus and believe that reasoned debate is healthy for finding the answer. One of the codes I try to live by in my professional career and on P&Z is "try to solve problems not win arguments". As a resident of the valley floor (Nottingham Road) I would add more diversity to the voice of the council. Because Mike Brown and I live in different neighborhoods in the valley we have diverse experiences and views on life down here. We have worked very hard to achieve geographically diverse representation on the P&Z. This has helped us in our, discussions and debates. I believe council would benefit in the same way. I hope that you will consider me for this position. 180 Nottingham Road; Unit B PO Box 146 Avon, Colorado 81620 TAB Associates, Inc. The Architectural Balance P.O. Box 7431 Avon, CO 81620-7431 (970) 748-1470 (970) 748-1471 fax www.tabassociates.com tab@vail.net May 14, 2002 Mr. Bill Efting Town Manager Town of Avon P.O. Box 975 Avon, CO 81620 RE: Town Council Interim Position Bill: It is my understanding Councilman Rick Cuny has moved and therefore resigned leaving an interim position available. I am very interested in filling this position. I have worked in Avon since August of 1993 and have lived in Avon since November of 1995. 1 have owned a business in Avon since 1996. 1 have a sincere desire to be a part of the future direction of our town. I believe I have an acute understanding of development and can be of assistance to the rest of the Council. Owning a business and being responsible for the livelihood of various families also reaffirms my commitment to the success of this community. Sincerely, Tab Bonidy, NCARB President TAB Associates, Inc. Office Address: 37347 Highway 6, Suite 228 Brookside Center P.O. Box 7431 Avon, CO 81620 Home Address: 331 Nottingham Road, 7B Sonnen Halde P.O. Box 3298 Avon, CO 81620-3298 TOWN OF AVON HOUSING AUTHORITY RESOLUTION NO. 02-02 Series of 2002 RESOLUTIONS OF THE HOUSING AUTHORITY OF THE TOWN OF AVON, COLORADO BUFFALO RIDGE APARTMENTS RECITALS: WHEREAS, Corum Real Estate Group, Inc., a Colorado corporation ("forum"), and Wintergreen Homes LLC, a Colorado limited liability company ("Wintergreen"), are jointly developing an approximately 176 multi-family residential low income housing project to be known as the Buffalo Ridge II Apartments and to be developed and constructed on the real property described on Exhibit A attached hereto and incorporated herein by this reference ("Project"); WHEREAS, the Project will be owned, developed, constructed and operated by Buffalo Ridge II LLLP, a Colorado limited liability limited partnership ("Buffalo Ridge"); WHEREAS, development and construction of the Project will provide safe, decent and affordable housing for persons of low income residing in the Town of Avon, Colorado, and Eagle County, Colorado, and the Housing Authority of the Town of Avon, Colorado ("Authority") believes that it is in the best interests of the Authority and the Town of Avon, Colorado, that the Project be developed and constructed in order to further such purposes; WHEREAS, in order to exempt the Project from taxation pursuant to C.R.S. §§29-4-226 and 29-4-227, the Authority has been admitted to Buffalo Ridge as a special limited partner pursuant to an Agreement of Limited Partnership of Buffalo Ridge II LLLP dated March 27, 2002, to be effective as of December 28, 2001; and WHEREAS, in order to facilitate the Project's exemption from taxation pursuant to C.R.S. §§29-4-226 and 29-4-227, the Authority desires to make a determination: (i) that the Project will serve low-income persons; and (ii) of what constitutes a "low income person", in each case for purposes of satisfying the requirements of §§29-4-226 and 29-4- 227. NOW, THEREFORE, BE IT RESOLVED, that the Authority hereby finds, determines and declares that the Project will be affordable to "low-income persons"; BE IT FURTHER RESOLVED, that for purposes of this Resolution and C.R.S. §§29-4- 226 and 29-4-227, the Authority hereby finds, declares and determines that, pursuant to C.R.S. 528249 5/22/2002 §29-4-210, "low income persons" shall be defined to mean those persons whose incomes are at or below eighty percent (80%) of the area median income, as defined and described from time to time by applicable regulations of the U.S. Department of Housing and Urban Development; BE IT FURTHER RESOLVED, that the Chairman or appropriate designee of the Authority is hereby authorized and empowered to execute and deliver any and all documents and instruments on behalf of the Authority necessary to implement the foregoing resolutions; and BE IT FURTHER RESOLVED, that the Authority hereby ratifies, confirms and approves all actions previously taken by the Authority and/or any of its officers or directors in connection with the foregoing resolutions. The foregoing Resolutions were duly adopted at a meeting of the Authority duly called and legally held on the day of May, 2002, pursuant to applicable law. HOUSING AUTHORITY OF THE TOWN OF AVON, COLORADO By: Chairman 2 528249 5/22/2002 EXHIBIT A Legal Description Lots 1, 3 and 5, The Village (at Avon) Filing No.2, Eagle County, Colorado, according to the Plat thereof recorded May _, 2002 at Reception No. 528249 5/22/2002 MINUTES OF THE LOCAL HOUSING AUTHORITY MEETING HELD JANUARY 8, 2002 The Avon Town Council acting as the Local Housing Authority for the Town of Avon, Colorado, convened at 5:27pm in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. Boardmembers of the Authority present were Chairwoman Judy Yoder, Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt and Buz Reynolds. Boardmember Cuny was absent. Also present were Town Manager Bill Efting, Town Attorney John Dunn, Assistant Town Manager Larry Brooks, Deputy Town Clerk Miranda Steber, Human Resources Director Jacquie Halburnt, Police Chief Jeff Layman, Transportation Director Harry Taylor, Director of Comm. Dev. Ruth Borne, Police Detective Mike Leake, Town Engineer Norm Wood, Finance Director Scott Wright, Public Works Director Bob Reed, as well as members of the press and public. Resolutions Resolution No. 02-01, Series of 2002, Town of Avon, Resolutions of the Housing Authority of the Town of Avon, Colorado, Buffalo Ridge Apartments. Assistant Town Manager Larry Brooks stated this resolution is to enter into a special limited partnership for one phase of the Buffalo Ridge Apartments. A substantial portion of Buffalo Ridge Apartments are being funded by private activity bonds. This is required in order for that part of the project to be tax exempt. Councilor Debbie Buckley motioned approval of Resolution No. 02-01, Series of 2002. Councilor Brown seconded the motion. The motion carried unanimously. There being no further business to come before the Housing Authority, Councilor Debbie Buckley motioned to adjourn the meeting. Councilor McDevitt seconded the motion. The motion carried unanimously and the meeting adjourned at 5:30pm. RESPECTFULLY SUBMITTED: Miranda Steber, Deputy Town Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Cuny Mac McDevitt Buz Reynolds Judy Yoder TOWN OF AVON REGULAR COUNCIL MEETING AGENDA May 28, 2002 - 5:30 PM 1. Call to Order / Roll Call 2. Citizen Input 3. Resolutions a) Resolution No. 02-21, Series Of 2002 - A Resolution Initiating Annexation Proceedings For Portions Of The Land Known As Post Boulevard Public Right Of Way Into The Town Of Avon; Finding Substantial Compliance Of The Petition For Annexation; And Setting A Hearing Thereon. (Ruth Borne) b) Resolution No. 02-22, Series of 2002 - A Resolution Initiating Annexation Proceedings For A Portion Of The Land Known As Lot 6, McGrady Acres Into The Town Of Avon; Finding Substantial Compliance Of The Petition For Annexation; And Setting A Hearing Thereon. (Ruth Borne) 4. Ordinances a) First Reading Of Ordinance No. 02-08, Series 2002 - An Ordinance Amending The Municipal Code Of The Town Of Avon To Make More Effective The Enforcement Of The Zoning And Building Regulations Of The Town; Enlarging The Jurisdiction Of The Municipal Court Of The Town Of Avon; Authorizing A Schedule Of Fines For Certain Violations; And Providing For The Violation Hereof. (John Dunn) b) First Reading Of Ordinance No. 02-09, Series 2002 - An Ordinance Concerning The Annexation To The Town Of Avon, Colorado, Of Certain Property As Described In The Post Boulevard Public Right Of Way Petition For Annexation. (Ruth Borne) C) First Reading Of Ordinance No. 02-10, Series 2002, An Ordinance Concerning The Annexation To The Town Of Avon, Colorado, Of Certain Property As Described In The Post Boulevard Public Right Of Way Petition For Annexation. d) First Reading Of Ordinance No. 02-11 - An Ordinance Approving An Amendment Of The Wildridge Planned Unit Development (PUD) For Lots 42 And 43, Block 4, Wildridge Subdivision, Town Of Avon, Eagle County, Colorado. (Ruth Borne) I:\Town Clerk\CouncMAgendas & Worksessions\Agenda-Regular Meeting.doc e) First Reading Of Ordinance No. 02-12 - An Ordinance Approving An Amendment Of The Wildridge Planned Unit Development (PUD) For Lots 10 And 11, Block 2, Wildridge Subdivision, Town Of Avon, Eagle County, Colorado. (Ruth Borne) f) First Reading Of Ordinance No. 02-13 - An Ordinance Approving An Amendment Of The Wildridge Planned Unit Development (PUD) For Lots 47 And 48, Block 1, Wildridge Subdivision, Town Of Avon, Eagle County, Colorado. (Ruth Borne) 5. Unfinished Business 6. New Business a) Selection of Council Member to Fill Vacancy 7. Town Manager Report 8. Town Attorney Report 9. Mayor Report 10. Other Business 11. Consent Agenda a. Approval of the May 8, 2002 Council Meeting Minutes b. Metcalf Gulch Lower Drainage Improvements - Change Order #5 C. Eagle River Recreation Path II - Additional Design Services and Contract Management, Peak Land Consultants 12. Adjournment I:\Town Clerk\Council\Agendas & Worksessions\Agenda-Regular Meeting.doc Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager* From: Ruth Borne, Director of Community Development Date May 22, 2002 Re: Resolution 02-21 - A Resolution Initiating Annexation Proceedings for Portions of Land Known as Post Boulevard Public Right of Way into the Town of Avon; Finding Substantial Compliance of the Petition for Annexation; and setting a hearing thereon. Summary Traer Creek Metropolitan District, Edinburgh Corporation, and Margaret Beyer, Personal Representative for the Estate of Jeanette L. Nottingham a/ka/ Jeanette Nottingham have filed a Petition for Annexation ("Petition") for portions of land known as the Post Boulevard Public Right of Way. The property contained in the annexation is intended to incorporate all of the property into the Town of Avon in order to accommodate the road and infrastructure improvements for the Village (at Avon). The purpose of Resolution 02-21 is to determine that the Petition is in substantial compliance with the requirements of the Colorado statutes and to set a hearing to determine if the proposed annexation complies with requirements for annexation. Recommendation Staff recommends Town Council approve Resolution 02-21 Initiating Annexation Proceedings for Portions of Land Known as Post Boulevard Public Right of Way into the Town of Avon; Finding Substantial Compliance of the Petition for Annexation; and setting a hearing thereon. Proposed Motion "I move to approve on Resolution 02-21 Initiating Annexation Proceedings for Portions of Land Known as Post Boulevard Public Right of Way into the Town of Avon; Finding Substantial Compliance of the Petition for Annexation; and setting a hearing thereon." Town Manager Comments Attachments: Resolution 02-21 Memo to Town Council, May 28, 2002 Page 1 of 1 Resolution 02-21 Initiating Annexation for Post Boulevard RESOLUTION NO. 02-21 SERIES OF 2002 A RESOLUTION INITIATING ANNEXATION PROCEEDINGS FOR PORTIONS OF THE LAND KNOWN AS POST BOULEVARD PUBLIC RIGHT OF WAY INTO THE TOWN OF AVON; FINDING SUBSTANTIAL COMPLIANCE OF THE PETITION FOR ANNEXATION; AND SETTING A HEARING THEREON. WHEREAS, Petitioners TRAER CREEK METROPOLITAN DISTRICT, a special district formed pursuant to C.R.S. § 32-1-101 et. seq. and a governmental subdivision of the State of Colorado, EDINBURGH CORPORATION, a Texas corporation, and MARGARET BEYER, PERSONAL REPRESENTATIVE FOR THE ESTATE OF JEANETTE L. NOTTTNNGHAM a/k/a JEANETTE NOTTINGHAM, filed with the Town Clerk the Petition for Annexation attached as Exhibit A hereto (the "Petition") and concerning a portion of the land known as McGrady Acres and as more particularly described in the Petition, which Petition has been referred to the Town Council; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Findings. The Town Clerk has referred to the Town Council the Petition. The Town Council specifically finds upon review of said petition that it is in substantial compliance with the requirements of C.R.S. § 31-12-107(l). Section 2. Hearing. A hearing on the petition shall be held at 5:30 P.M. on July 9, 2002, at the Council Chambers in the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado, to determine if the proposed annexation complies with §§ 31-12-104 and 31-12-105, C.R.S., and whether the subject property is eligible for annexation. Section 3. Publication. This Resolution shall be published once a week for four successive weeks in Eagle Valley Enterprise newspaper, a newspaper of general circulation in Eagle County, Colorado, commencing no later than June 6, 2002. Section 3. Effective Date. This Resolution shall be effective immediately upon approval. ADOPTED this 28th day of May, 2002. TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John Dunn, Town Attorney PETITION FOR ANNEXATION TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: The undersigned (collectively, the "Petitioners"), in accordance with the Municipal Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as amended and as in effect on the submission date set forth below ("Annexation Act"), hereby petition ("Petition") the Town Council of the Town of Avon, Colorado ("Council"), to annex to the Town of Avon ("Town") the unincorporated territory located in the County of Eagle, State of Colorado, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference ("Pro e "). In support of this Petition, Petitioners allege that: It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections -104 and -105 of the Annexation Act exist or have been met. 3. Not less than one-sixth (1/6) of the perimeter of the Property is contiguous with the Town's current municipal boundaries. 4. A community of interest exists between the Property and the Town. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town. 7. The Petitioners comprise more than fifty percent (50%) of the landowners in the Property owning more than fifty percent (50%) of the Property, excluding public streets, and alleys and any land owned by the annexing municipality, and the Petitioners hereby consent to the establishment of the boundaries of the Property as shown on the annexation plat submitted herewith. 8. The Property is not presently a part of any incorporated city, city and county, or town; no proceedings have been commenced for incorporation or annexation of part or all of the Property to any other municipality; no election for annexation of the Property or substantially the same territory to the Town has been held within the twelve (12) months immediately preceding the filing of this Petition. 9. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 10. Except to the extent necessary to avoid dividing parcels within the Property held in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit, the proposed annexation will not extend the municipal boundary of the Town more than three (3) miles in any direction from any point of the current municipal boundary. 541553.3 CAM.ALC v? 11. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 12. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (a) is being divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way; or (b) comprising twenty (20) acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Property without the written consent of the landowner or landowners. 13. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property. 14. The legal description of the land owned by the Petitioners is set forth underneath the name of each such Petitioner on Exhibit A, attached hereto and incorporated herein by this reference. 15. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit B and is incorporated herein by this reference. 16. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: (a) A written legal description of the boundaries of the Property; (b) A map showing the boundary of the Property; (c) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (d) Next to the boundary of the Property, a drawing of the contiguous boundary of the annexing municipality abutting the Property. 17. Petitioners have filed this Petition subject to the following conditions: (a) Petitioner Traer Creek Metropolitan District ("TCMD") have the right, with or without the consent or agreement of any other Petitioner or landowner within the Property, to withdraw this Petition by so notifying the Town Clerk in writing prior to the 541553.3 CAMALC 2 fortieth (40th) day after the effective date of the final ordinance approving annexation of the Property. (b) Prior to expiration of the period described in the foregoing subparagraph (a) without TCMD having withdrawn the Petition, neither Petitioners, any other landowner within the Property, nor the City shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Section -113(2)(b) of the Annexation Act. 18. Except for the terms and conditions of this Petition, which terms and conditions Petitioners expressly approve and therefore do not constitute an imposition of additional terms and conditions within the meaning of Section -107(1)(g) of the Annexation Act, Petitioners request that no additional terms and conditions be imposed upon annexation of the Property to the Town. THEREFORE, Petitioners request that the Town Council of the Town of Avon, Colorado, complete and approve the annexation of the Property pursuant to the provisions of the Municipal Annexation Act of 1965, as amended. Respectfully submitted this /0"day of CCti/ , 2002. Signatures of Petitioners: TRAER CREEK METROPOLITAN DISTRICT, a Colorado Special District formed pursuant to C.R.S. § 32-1-101 et. seq. and a governmental subdivision of the State of Colorado Y William J. Post, resident Date of Signature: 4-ZS•7-o1zZ. Mailing Address: P.O. Box 640 Vail, Colorado 81658 Attn: William J. Post, Esq. Resident of the Property? NO 541553 3 CANIALC EDINBURGH CORPORATION, a Texas corporation By: C. Michael Owen, President Date of Signature: Mailing Address: Preeo Silverman Green & Egle PC 1401 17th Street, Suite 800 Denver, Colorado 80202 Attn: Robert L. Preeo, Esq. Resident of the Property? NO 5415)33 CANIALC 4 MARGARET BEYER, personal representative for the Estate of Jeanette L. Nottingham, a/k/a JEANETTE NOTTINGHAM, deceased By: ` i - Margaret eyer , Date of Signature: ?7`= ct 0 y, Mailing Address: Meek & Swartz, P.C. 1824 West Street Redding, California 96001-1793 Attn: William L. Meek, Esq. Resident of the Property? NO 541553.3 CAN ALC EXHIBIT A TO PETITION FOR ANNEXATION Legal Description of the Property 1. Name of Petitioner: EDINBURGH CORPORATION, a Texas Corporation PARCEL A That part of Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most easterly corner of said Lot 6; thence the following three courses along the southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13 feet; (2) S78°00'01"W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14 feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along the are of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a chord that bears N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425 square feet, more or less. 2. Name of Petitioner: MARGARET BEYER, as personal representative for the ESTATE OF JEANETTE L. NOTTINGHAM, a/k/a JEANETTE NOTTINGHAM, deceased PARCEL B That part of Lot 1, Nottingham Cottages P.U.D., according to the final plat thereof recorded as Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the northwesterly corner of said Lot 1: thence, along the northwesterly line of said Lot 1, N78°00'01"E 19.88 feet; thence, departing said northwesterly line, S50°51'55"W 28.15 feet to the westerly line of said Lot 1; thence, along said westerly line, N09°57'00"E 13.84 feet to the point of beginning, containing 127.6 square feet, more or less. 541553.3 CAMALC A-1 PARCEL C That part of Lot 2, Nottingham Cottages, P.U.D., according to the final plat thereof recorded as Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most westerly corner of said Lot 2; thence the following three courses along the northwesterly line of said Lot 2: (1) N60°52'49"E 101.94 feet; (2) 149.40 feet along the arc of a curve to the right, having a radius of 500.00 feet, a central angle of 17°07'12", and a chord that bears N69°26'25"E 148.85 feet; (3) N78°00'01"E 37.70 feet to the most northerly corner of said Lot 2; thence, along the common line of said Lot 2 and Lot l of said Nottingham Cottages P.U.D., S09°57'00"W 13.84 feet; thence, departing said common line, S50°51'55"W 84.85 feet; thence S34°42'51"E 0.82 feet; thence 16.25 feet along the arc of a curve to the right, having a radius of 105.25 feet, a central angle of 08°50'45", and a chord that bears S60°30'44"W 16.23 feet; thence 23.27 feet along the arc of a curve to the left, having a radius of 94.75 feet, a central angle of 14°04'12", and a chord that bears S57°54'01"W 23.21 feet; thence S50°51'55"W 109.16 feet; thence 6.22 feet along the arc of a curve to the left, having a radius of 164.75 feet, a central angle of 02°09'48", and a chord that bears S49°47'01"W 6.22 feet to the southwesterly line of said Lot 2; thence the following two courses along said southwesterly line: (1) N60°25'20"W 53.87 feet; (2) N47°59'03"W 37.01 feet to the point of beginning, containing 14796 square feet, more or less. 3. Name of Petitioner: TRAER CREEK METROPOLITAN DISTRICT; as the condemning authority in legal possession pursuant to the Order of Possession entered on April 24, 2002, in Case No. 01-CV-524. PARCEL D That part of (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most easterly corner of an existing 60 foot wide Access Easement as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence the following two courses along the northeasterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS: (1) S47°59'03"E 36.78 feet; (2) S60°25'20"E 53.87 feet; thence, departing said northeasterly line, 11.11 feet along the are of a curve to the left, having a radius of 164.75 feet, a central angle of 03°51'47", and a chord that bears S46°46' 13"W 11.11 feet; thence 30.80 feet along the arc of a curve to the left, having a radius of 47.00 feet, a central angle of 37°33' 10", and a chord that bears S26°03'45"W 30.26 feet, to the southwesterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along said southwesterly line, 130.71 feet along the arc of a curve to the right, having a radius of 1830.00 feet, a central angle of 04°05'33", and a chord that bears N68°38'04"W 130.68 feet to the most southerly corner of said 60 foot 5415573 CAA4ALC A-2 wide Access Easement; thence, departing said southwesterly line, N60°53'00"E 78.88 feet, along the southeasterly line of said 60 foot wide Access Easement, to the point of beginning, containing 5591 square feet, more or less. PARCEL E That part of (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most northerly corner of an existing 60 foot wide Access Easement as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along the northwesterly line of said 60 foot wide Access Easement, S60°53'00"W 79.05 feet; thence, departing said northwesterly line, N25°21'46"E 17.60 feet; thence N60°53'24"E 61.24 feet, to the northeasterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence S47°59'03"E 10.80 feet, along said northeasterly line, to the point of beginning, containing 717 square feet, more or less. 541553.3 CAh1ALC A-3 EXHIBIT B TO PETITION FOR ANNEXATION Affidavit of Circulators The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That he was the circulator of the foregoing Petition for Annexation of lands to the Town of Avon, consisting of 10 pages including this page, and that the signatures of William J. Post and C. Michael Bowen thereon were witnessed by the circulator and are true and original signatures of the person whose name they purport to be, and that the dates of such signatures are correct. STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) it lator The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me this 26th day of April, 2002, by Shane Bohart. Witness my hand and official seal. My commission expires: 12/8/2004. B-1 The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That he was the circulator of the foregoing Petition for Annexation of lands to the Town of Avon, consisting of 10 pages including this page, and that the signature of Margaret Beyer thereon was witnessed by the circulator and are the true and original signatures of the person whose name they purport to be, and that the dates of such signatures are correct. Circulator STATE OF a 6 /'7 ' ) ) ss. COUNTY OF S' ) The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me this a day of , 2002, by Da h 4a D, Witness my hand and official seal. My commission expires: 9 WILLIAM 1. MEEK rc? COMM # 1215930 ,n NOTARY NBIIC•CAUFORNIA yl Notary Public shss» Canty My Comm. Expires Mey U 2003 , 541553 3 CAMALC B-2 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager I ?, From: Ruth Borne, Director of Community Development -? Date May 22, 2002 Re: Resolution 02-22 -A Resolution Initiating Annexation Proceedings for Portions of Land Known as Lot 6, McGrady Acres into the Town of Avon; Finding Substantial Compliance of the Petition for Annexation; and setting a hearing thereon. Summary Edinburgh Corporation has filed a Petition for Annexation ("Petition") for portions of land known as Lot 6, McGrady Acres. Lot 6 of McGrady Acres is the final portion of McGrady to be annexed into the Town. The purpose of Resolution 02-22 is to determine that the Petition is in substantial compliance with the requirements of the Colorado statutes and to set a hearing to determine if the proposed annexation complies with requirements for annexation. The hearing is being scheduled for July 9, 2002. Recommendation Staff recommends Town Council approve Resolution 02-21 Initiating Annexation Proceedings for Portions of Land Known as Post Boulevard Public Right of Way into the Town of Avon; Finding Substantial Compliance of the Petition for Annexation; and setting a hearing thereon. Proposed Motion "I move to approve on Resolution 02-21 Initiating Annexation Proceedings for Portions of Land Known as Post Boulevard Public Right of Way into the Town of Avon; Finding Substantial Compliance of the Petition for Annexation; and setting a hearing thereon." Town Manager Comments C6rr c ev° Attachments: Resolution 02-22 Memo to Town Council, May 28, 2002 Page 1 of 1 Resolution 02-22 Initiating Annexation for Lot 6, McGrady Acres RESOLUTION NO. 02-22 SERIES OF 2002 A RESOLUTION INITIATING ANNEXATION PROCEEDINGS FOR A PORTION OF THE LAND KNOWN AS LOT 6, MCGRADY ACRES INTO THE TOWN OF AVON; FINDING SUBSTANTIAL COMPLIANCE OF THE PETITION FOR ANNEXATION; AND SETTING A HEARING THEREON. WHEREAS, Petitioner EDINBURGH CORPORATION, a Texas corporation, filed with the Town Clerk a Petition for Annexation (Exhibit A hereto) concerning a portion of the land known as Lot 6, McGrady Acres and as particularly described in such petition, which petition has been referred to the Town Council; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Findings. The Town Clerk has referred to the Town Council the Petition for Annexation attached hereto as Exhibit A. The Town Council specifically finds upon review of said petition that it is in substantial compliance with the requirements of C.R.S. § 31-12-107(1). Section 2. Hearing. A hearing on the petition shall be held at 5:30 P.M. on July 9, 2002, at the Council Chambers in the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado, to determine if the proposed annexation complies with §§ 31-12-104 and 31-12-105, C.R.S., and whether the subject property is eligible for annexation. Section 3. Publication. This Resolution shall be published once a week for four successive weeks in Eagle Valley Enterprise newspaper, a newspaper of general circulation in Eagle County, Colorado, commencing no later than June 6, 2002. Section 3. Effective Date. This Resolution shall be effective immediately upon approval. ADOPTED this 28th day of May, 2002. TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John Dunn, Town Attorney PETITION FOR ANNEXATION TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: EDINBURGH CORPORATION ("Petitioner"), in accordance with the Municipal Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as amended and as in effect on the submission date set forth below ("Annexation Act"), hereby petitions ("Petition") the Town Council of the Town of Avon, Colorado ("Council"), to annex to the Town of Avon ("Town") the unincorporated territory located in the County of Eagle, State of Colorado, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference ("Propert y"). In support of this Petition, Petitioners allege that: It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections -104 and -105 of the Annexation Act exist or have been met. 3. Not less than one-sixth (1/6) of the perimeter of the Property is contiguous with the Town's current municipal boundaries. 4. A community of interest exists between the Property and the Town. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town. 7. The Petitioner comprises more than fifty percent (50%) of the landowners in the Property owning more than fifty percent (50%) of the Property, excluding public streets, and alleys and any land owned by the annexing municipality, and the Petitioner hereby consent to the establishment of the boundaries of the Property as shown on the annexation plat submitted herewith. 8. The Property is not presently a part of any incorporated city, city and county, or town; no proceedings have been commenced for incorporation or annexation of part or all of the Property to any other municipality; no election for annexation of the Property or substantially the same territory to the Town has been held within the twelve (12) months immediately preceding the filing of this Petition. 9. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 10. Except to the extent necessary to avoid dividing parcels within the Property held in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit, the proposed annexation will not extend the municipal boundary of the Town more than three (3) miles in any direction from any point of the current municipal boundary. 11. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 12. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (a) is being divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way; or (b) comprising twenty (20) acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Property without the written consent of the landowner or landowners. 13. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property. 14. The legal description of the land owned by the Petitioner is set forth underneath the name of Petitioner on Exhibit B, attached hereto and incorporated herein by this reference. 15. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. 16. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: (a) A written legal description of the boundaries of the Property; (b) A map showing the boundary of the Property; (c) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (d) Next to the boundary of the Property, a drawing of the contiguous boundary of the annexing municipality abutting the Property. 17. In connection with the processing of this Petition, the Petitioner requests that the Town institute a zoning approval process for the Property in accordance with applicable provisions of the Municipal Code of the Town of Avon and in accordance with Section -115 of the Annexation Act 18. Petitioner has filed this Petition subject to the following conditions: (a) Concurrently with its approval of annexation of the Property, the Town Council approves for those portions of the Property that are not public right-of-way Neighborhood Commercial (NC) zoning which is consistent with the application for zoning which Petitioner submits in connection with this Petition. (b) Petitioner shall have the right to withdraw this Petition by so notifying the Town Clerk in writing prior to the fortieth (40th) day after the latest effective date of the final ordinances or resolutions approving annexation of the Property and zoning of the Property; provided, however, that such withdrawal right may be exercised only if a third party commences a formal challenge to any of the approvals within such period. (c) Prior to expiration of the period described in the foregoing subparagraph (b) without Petitioner having' withdrawn the Petition, neither Petitioner nor the Town shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Section -113(2)(b) of the Annexation Act. 19. Upon the annexation of the Property becoming effective, and subject to the conditions set forth in this Petition, the Property shall become subject to all ordinances, resolutions, rules and regulations of the Town, except as otherwise set forth in the Annexation and Development Agreement, and except for general property taxes of the Town which shall become effective on January 1 of the next succeeding year following adoption of the annexation ordinance. 20. Except for the terms and conditions of this Petition, which terms and conditions Petitioners expressly approve and therefore do not constitute an imposition of additional terms and conditions within the meaning of Section -107(1)(g) of the Annexation Act, Petitioner request that no additional terms and conditions be imposed upon annexation of the Property to 'the Town. THEREFORE, Petitioner requests that the Town Council of the Town of Avon, Colorado, complete and approve the annexation of the Property pursuant to the provisions of the Municipal Annexation Act of 1965, as amended. Respectfully submitted this !D day of , 2002. Signatures of Landowner/Petitioner: EDINBURGH CORPORATION By:C. MICH B EN, ent By: - Name: C. chael Bowen Title: President Date of Signature: Zdd Z Mailing Address: P.O. Box 3901 Avon, CO 81620 Attn: C. Michael Bowen. Resident of the Property? NO EXHIBIT A TO PETITION FOR ANNEXATION Legal Description of the Property Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder, EXCEPT that portion described as follows: Beginning at the most easterly corner of said Lot 6; thence the following three courses along the southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13 feet; (2) S78°00'01"W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14 feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a chord that bears N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425 square feet, more or less. EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Petitioner Name of Landowner/Petitioner: EDINBURGH CORPORATION Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder, EXCEPT that portion described as follows in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most easterly corner of said Lot 6; thence the following three courses along the southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13 feet; (2) S78°00'01"W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14 feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a chord that bears N49° 14' 01 "E 60.13 feet to the northeasterly line of said Lot 6; thence S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425 square feet, more or less. EXHIBIT C TO PETITION FOR ANNEXATION Affidavit of Circulator The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That he was the circulator of the foregoing Petition for Annexation of lands to the Town of Avon, consisting of rj pages including this page, and that the signature of the Peitioner thereon was witnessed by the circulator and is the true and original signature of the person whose names it purports to be, and that the date of such si ature is correct. Circulator STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing AFFIDAVIT OF CIRCULATOR was ub cribed and sworn to before me this 9 day of Kia , 2002, by PV//,/ Witness my hand and official seal. My commission expires: N LIST OF SPECIAL DISTRICTS AND SCHOOL DISTRICTS School District: Eagle County RE50J Special Districts: Colorado Mountain College Eagle River Water and Sanitation Colorado River Water Conservation Upper Eagle Valley Consolidated Sanitation Eagle Valley Library Eagle County Health Services Eagle River Fire Protection Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Ruth Borne, Director of Community Development Date May 22, 2002 Re: First Reading of Ordinance 02-9 - An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of certain property as described in the Post Boulevard Public Right of Way Petition for Annexation Summary The Petition for Annexation ("Petition") filed by Traer Creek Metropolitan District, Edinburgh Corporation, and Margaret Beyer, Personal Representative for the Estate of Jeanette L. Nottingham a/ka/ Jeanette Nottingham for the Post Boulevard Public Right of Way has been found to be in substantial compliance with Colorado statutes as evidenced by approval of Resolution 02-21 Series of 2002. The First Reading of Ordinance 02-9, Series of 2002 will initiate the annexation process. Recommendation Staff recommends Town Council approve Ordinance 02-9 An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of certain property as described in the Post Boulevard Public Right of Way Petition for Annexation. Proposed Motion "I move to approve on first reading Ordinance 02-9 An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of certain property as described in the Post Boulevard Public Right of Way Petition for Annexation." Town Manager Comments C C V1 ( 6, "- Attachments: Ordinance 02-9, Series of 2002 Memo to Town Council, May 28, 2002 Page 1 of 1 Ordinance 02-9, Annexation for Post Blvd. TOWN OF AVON ORDINANCE NO. 02-9 SERIES OF 2002 AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO, OF CERTAIN PROPERTY AS DESCRIBED IN THE POST BOULEVARD PUBLIC RIGHT OF WAY PETITION FOR ANNEXATION. WHEREAS, on May 10, 2002, TRAER CREEK METROPOLITAN DISTRICT, a special district formed pursuant to C.R.S. § 32-1-101 et. seq. and a governmental subdivision of the State of Colorado, EDINBURGH CORPORATION, a Texas corporation, and MARGARET BEYER, PERSONAL REPRESENTATIVE FOR THE ESTATE OF THE ESTATE OF JEANETTE L. NOTTTINGHAM a/k/a JEANETTE NOTTINGHAM filed with the Town Clerk for the Town of Avon ("Town") the petition for annexation ("Petition") requesting that the Town Council of the Town ("Town Council") commence proceedings to annex to the Town certain unincorporated tract or tracts of land located in Eagle County, Colorado, and described on Exhibit A attached hereto and incorporated herein by this reference (the "Annexation Property"); and WHEREAS, the Town Council, by Resolution Number 02-27, Series of 2002, attached hereto and incorporated herein by this reference as Exhibit B, has determined with regard to the Petition that, pursuant to Section 31-12-110, C.R.S.: (1) the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met; (2) an election is not required under Sections 31-12-107(2) or 31-12-112, C.R.S.; and (3) no additional terms and conditions are to be imposed on the Petition; WHEREAS, the Town Council held public hearings at which it received evidence and testimony pertaining to the annexation of the Annexation Property, at the conclusion of which the Town Council considered such evidence and testimony so introduced, and by this Ordinance sets forth its findings of fact and conclusions. THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS: 1. The submission, processing, consideration and approval of the Petition have fully met and complied with all applicable laws and regulations of the State of Colorado and the Town, including, without limitation, Article II, Section 30 of the Colorado constitution and Sections 31-12-101 through 31-12-123, C.R.S. 2. All public hearings concerning whether the Town should annex the Annexation Property have been held and conducted in accordance with all applicable laws and regulations of the State of Colorado and the Town. 521179.3 CAMALC 05/23/02 11:51 AM 3. All notices required for the public hearings at which the Town Council considered the Petition were properly and timely published, posted or mailed in accordance with all applicable laws and regulations of the State of Colorado and the Town. 4. In order to encourage well-ordered development to the Town, it is desirable that the Annexation Property be annexed to the Town. 5. The annexation of the Annexation Property to the Town is in the best interests of the public health, safety and general welfare of the people of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: Section 1. The annexation to the Town of the Annexation Property be, and is hereby approved and said real property as described on the annexation map accompanying the Petition is hereby annexed to the Town. Section 2. As required by statute, the Town shall: (a) File one copy of the annexation map with the original of this Ordinance in the office of the Town Clerk for the Town; and (b) File for recording three certified copies of this Ordinance and of the map of the area annexed containing a legal description of such area with the Clerk and Recorder of Eagle County, Colorado. Section 3. The Town Clerk is hereby authorized and directed to publish the full text of this Ordinance in the Eagle Valley Enterprise, a newspaper of general circulation within the Town on the next available publication date. Section 4. The effective date of this Ordinance shall be seven (7) days after publication of the notice described in Section 3 above. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED PUBLISHED this day of , 2002 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of , 2002 at p.m. in the Avon Municipal Complex, 400 Benchmark Road, Avon, Colorado. TOWN OF AVON By: Judy Yoder Mayor of the Town of Avon, Colorado 521179.3 CAMALC 05/23/02 10:45 AM 2 Attest: Patty McKenny, Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED PUBLISHED this day of )2002. TOWN OF AVON By: Judy Yoder Mayor of the Town of Avon, Colorado Attest: Patty McKenny, Town Clerk APPROVED AS TO FORM: John Dunn, Esq. Town Attorney 521179.3 CAMALC 05/23/02 10:45 AM 3 EXHIBIT A TO ORDINANCE NUMBER 02-9, SERIES OF 2002 (Legal Description of Annexation Property) PARCEL A That part of Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most easterly corner of said Lot 6; thence the following three courses along the southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13 feet; (2) S78°00'01"W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14 feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a chord that bears N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425 square feet, more or less. PARCEL B That part of Lot 1, Nottingham Cottages P.U.D., according to the final plat thereof recorded as Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the northwesterly corner of said Lot 1: thence, along the northwesterly line of said Lot 1, N78°00'01"E 19.88 feet; thence, departing said northwesterly line, S50°51'55"W 28.15 feet to the westerly line of said Lot 1; thence, along said westerly line, N09°57'00"E 13.84 feet to the point of beginning, containing 127.6 square feet, more or less. PARCEL C That part of Lot 2, Nottingham Cottages, P.U.D., according to the final plat thereof recorded as Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most westerly corner of said Lot 2; thence the following three courses along the northwesterly line of said Lot 2: (1) N60°52'49"E 101.94 feet; (2) 149.40 feet along the arc of a curve to the right, having a radius of 500.00 feet, a central angle of 17°07' 12", and a chord that bears N69°26'25"E 148.85 feet; (3) N78°00'01"E 37.70 feet to the most northerly corner of said Lot 2; thence, along the common line of said Lot 2 and Lot 1 of said Nottingham Cottages P.U.D., S09°57'00"W 13.84 feet; thence, departing said common line, S50°51'55"W 84.85 feet; 521179.3 CAMALC 05/23/02 10:45 AM A-1 thence S34°42'51"E 0.82 feet; thence 16.25 feet along the arc of a curve to the right, having a radius of 105.25 feet, a central angle of 08°50'45", and a chord that bears S60°30'44"W 16.23 feet; thence 23.27 feet along the are of a curve to the left, having a radius of 94.75 feet, a central angle of 14°04'12", and a chord that bears S57°54'01"W 23.21 feet; thence S50°51'55"W 109.16 feet; thence 6.22 feet along the arc of a curve to the left, having a radius of 164.75 feet, a central angle of 02°09'48", and a chord that bears S49°47'01"W 6.22 feet to the southwesterly line of said Lot 2; thence the following two courses along said southwesterly line: (1) N60°25'20"W 53.87 feet; (2) N47°59'03"W 37.01 feet to the point of beginning, containing 14796 square feet, more or less. PARCEL D That part of (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most easterly corner of an existing 60 foot wide Access Easement as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence the following two courses along the northeasterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS: (1) S47°59'03"E 36.78 feet; (2) S60°25'20"E 53.87 feet; thence, departing said northeasterly line, 11.11 feet along the arc of a curve to the left, having a radius of 164.75 feet, a central angle of 03°51'47", and a chord that bears S46'46'1 3"W 11.11 feet; thence 30.80 feet along the arc of a curve to the left, having a radius of 47.00 feet, a central angle of 37°33' 10", and a chord that bears S26°03'45"W 30.26 feet, to the southwesterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along said southwesterly line, 130.71 feet along the arc of a curve to the right, having a radius of 1830.00 feet, a central angle of 04°05'33", and a chord that bears N68°38'04"W 130.68 feet to the most southerly corner of said 60 foot wide Access Easement; thence, departing said southwesterly line, N60°53'00"E 78.88 feet, along the southeasterly line of said 60 foot wide Access Easement, to the point of beginning, containing 5591 square feet, more or less. PARCEL E That part of (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most northerly corner of an existing 60 foot wide Access Easement as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along the northwesterly line of said 60 foot wide Access Easement, S60°53'00"W 79.05 feet; thence, departing said northwesterly line, N25°21'46"E 17.60 feet; thence N60°53'24"E 61.24 feet, to the northeasterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence S47°59'03"E 10.80 feet, along said northeasterly line, to the point of beginning, containing 717 square feet, more or less. 521179.3 CAMALC 05/23/02 10:45 AM 2 EXHIBIT B TO ORDINANCE NUMBER 02-9, SERIES OF 2002 (Copy of Resolution Number 02-27, Series of 2002) 521179.3 CAMALC 05/23/02 10:45 AM B-1 RESOLUTION NO. 02-27 SERIES OF 2002 A RESOLUTION OF THE TOWN OF AVON SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN THE POST BOULEVARD PUBLIC RIGHT OF WAY PETITION FOR ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the filing on May 10, 2002 of the Post Boulevard Public Right of Way Petition for Annexation (the "Petition") for a portion of certain property located in Eagle County, Colorado, and described on Exhibit A attached hereto (the "Annexation Property"); and WHEREAS, at a meeting on the 28`h day of May, 2002, the Town Council passed and adopted Resolution No. 02-21 finding substantial compliance of Petition, and setting a hearing to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and is eligible for annexation to the Town; and WHEREAS, following notice given as required by law, the Town Council has held a hearing on said annexation; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: Section 1. The Town Council hereby finds that Petition complies with the provisions of Section 31-12-107, C.R.S. Section 2. The Town Council hereby finds that, with respect to Petition, the requirements of Article H, Section 30 of the Colorado Constitution and of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met. Section 4. The Town Council hereby finds that no additional terms and conditions are to be imposed upon annexation of that Annexation Property included in the Petition. Section 5. The Town Council hereby finds that an election is not required under Sections 31-12-107(2) or 31-12-112(1), C.R.S. Section 6. The Town Council hereby finds that notice was given and a hearing was held regarding the annexation in accordance with the requirements of Sections 31-12-108 and 31-12-109, C.R.S., as applicable. Section 7. The Town Council concludes that the Annexation Property included in Petition is eligible for annexation to the Town of Avon. 544252.1 CAMALC 05/23102 11:35 AM PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Avon held this day of , 2002. Judy Yoder Mayor of the Town of Avon, Colorado ATTEST: Patty McKenny Town Clerk 544252.1 CAMALC 05/23/02 1135 AM Exhibit A (Legal Description of Annexation Property) PARCEL A That part of Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most easterly corner of said Lot 6; thence the following three courses along the southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13 feet; (2) S78°00'01"W 93.40 feet; (3) 31.15 feet along the are of a curve to the left, having a radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14 feet; thence, departing said southeasterly line, N50'5 1'55"E 45.70 feet; thence 60.15 feet along the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a chord that bears N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425 square feet, more or less. PARCEL B That part of Lot 1, Nottingham Cottages P.U.D., according to the final plat thereof recorded as Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the northwesterly corner of said Lot 1: thence, along the northwesterly line of said Lot 1, N78°00'01"E 19.88 feet; thence, departing said northwesterly line, S50°51'55"W 28.15 feet to the westerly line of said Lot 1; thence, along said westerly line, N09°57'00"E 13.84 feet to the point of beginning, containing 127.6 square feet, more or less. PARCEL C That part of Lot 2, Nottingham Cottages, P.U.D., according to the final plat thereof recorded as Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most westerly corner of said Lot 2; thence the following three courses along the northwesterly line of said Lot 2: (1) N60°52'49"E 101.94 feet; (2) 149.40 feet along the arc of a curve to the right, having a radius of 500.00 feet, a central angle of 17°07' 12", and a chord that bears N69°26'25"E 148.85 feet; (3) N78°00'01"E 37.70 feet to the most northerly corner of said Lot 2; thence, along the common line of said Lot 2 and Lot 1 of said Nottingham Cottages P.U.D., S09°57'00"W 13.84 feet; thence, departing said common line, S50'5 1'55"W 84.85 feet; thence S34042'51"E 0.82 feet; thence 16.25 feet along the arc of a curve to the right, having a radius of 105.25 feet, a central angle of 08°50'45", and a chord that bears S60°30'44"W 16.23 feet; thence 23.27 feet along the arc of a curve to the left, having a radius of 94.75 feet, a central angle of 14°04'12", and a chord that bears S57°54'01"W 23.21 feet; thence S50'5 1'55"W 109.16 feet; 5442511 CAMALC 05/23/02 11:35 AM A-1 thence 6.22 feet along the arc of a curve to the left, having a radius of 164.75 feet, a central angle of 02°09'48", and a chord that bears S49°47'01"W 6.22 feet to the southwesterly line of said Lot 2; thence the following two courses along said southwesterly line: (1) N60°25'20"W 53.87 feet; (2) N47°59'03"W 37.01 feet to the point of beginning, containing 14796 square feet, more or less. PARCEL D That part of (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most easterly corner of an existing 60 foot wide Access Easement as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence the following two courses along the northeasterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS: (1) S47°59'03"E 36.78 feet; (2) S60°25'20"E 53.87 feet; thence, departing said northeasterly line, 11.11 feet along the arc of a curve to the left, having a radius of 164.75 feet, a central angle of 03°51'47", and a chord that bears S46'46'1 3 "W 11.11 feet; thence 30.80 feet along the are of a curve to the left, having a radius of 47.00 feet, a central angle of 37°33' 10", and a chord that bears S26°03'45"W 30.26 feet, to the southwesterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along said southwesterly line, 130.71 feet along the arc of a curve to the right, having a radius of 1830.00 feet, a central angle of 04°05'33", and a chord that bears N68°38'04"W 130.68 feet to the most southerly corner of said 60 foot wide Access Easement; thence, departing said southwesterly line, N60°53'00"E 78.88 feet, along the southeasterly line of said 60 foot wide Access Easement, to the point of beginning, containing 5591 square feet, more or less. PARCEL E That part of (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most northerly corner of an existing 60 foot wide Access Easement as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along the northwesterly line of said 60 foot wide Access Easement, S60°53'00"W 79.05 feet; thence, departing said northwesterly line, N25'2 1'46"E 17.60 feet; thence N60'5 3'24"E 61.24 feet, to the northeasterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence S47°59'03"E 10.80 feet, along said northeasterly line, to the point of beginning, containing 717 square feet, more or less. A-2 CERTIFICATE OF PUBLICATION I, Patty McKenny, Town Clerk for the Town of Avon, Colorado, hereby certify that a true and full copy of the Town of Avon Ordinance Number 02-9, Series of 2002 was published in the , a newspaper of general circulation in the Town of Avon, Colorado, on , 2002. A copy of the published text is attached hereto. Date: Patty McKenny Town Clerk 521179.3 CAMALC 05/23/02 10:45 AM Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager J From: Ruth Borne, Director of Community Development ?- Date May 22, 2002 Re: First Reading of Ordinance 02-10 - An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of certain property as described as Lot 6, McGrady Acres Petition for Annexation Summary The Petition for Annexation ("Petition") filed by Edinburgh Corporation, a Texas corporation for Lot 6, McGrady Acres Subdivision has been found to be in substantial compliance with Colorado statutes as evidenced by approval of Resolution 02-22 Series of 2002. The First Reading of Ordinance 02-10, Series of 2002 will initiate the annexation process. Recommendation Staff recommends Town Council approve Ordinance 02-10 An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of certain property as described in the Lot 6, McGrady Acres Subdivision Petition for Annexation. Proposed Motion "I move to approve on first reading Ordinance 02-10 An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of certain property as described in the Lot 6, McGrady Acres Subdivision Petition for Annexation." Town Manager Comments i Attachments: Ordinance 02-10, Series of 2002 Memo to Town Council, May 28, 2002 Page 1 of 1 Ordinance 02-10, Annexation for Lot 6, McGrady Acres TOWN OF AVON ORDINANCE NO. 02-10 SERIES OF 2002 AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO, OF CERTAIN PROPERTY AS DESCRIBED IN THE LOT 6, MCGRADY ACRES SUBDIVISION PETITION FOR ANNEXATION. WHEREAS, on May 10, 2002, EDINBURGH CORPORATION, a Texas corporation, filed with the Town Clerk for the Town of Avon ("Town") the petition for annexation ("Petition") requesting that the Town Council of the Town ("Town Council") commence proceedings to annex to the Town certain unincorporated tract or tracts of land located in Eagle County, Colorado, and described on Exhibit A attached hereto and incorporated herein by this reference (the "Annexation Property"); and WHEREAS, the Town Council, by Resolution Number 02-28, Series of 2002, attached hereto and incorporated herein by this reference as Exhibit B, has determined with regard to the Petition that, pursuant to Section 31-12-110, C.R.S.: (1) the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met; (2) an election is not required under Sections 31-12-107(2) or 31-12-112, C.R.S.; and (3) no additional terms and conditions are to be imposed on the Petition; WHEREAS, the Town Council held public hearings at which it received evidence and testimony pertaining to the annexation of the Annexation Property, at the conclusion of which the Town Council considered such evidence and testimony so introduced, and by this Ordinance sets forth its findings of fact and conclusions. THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS: 1. The submission, processing, consideration and approval of the Petition have fully met and complied with all applicable laws and regulations of the State of Colorado and the Town, including, without limitation, Article 11, Section 30 of the Colorado constitution and Sections 31-12-101 through 31-12-123, C.R.S. 2. All public hearings concerning whether the Town should annex the Annexation Property have been held and conducted in accordance with all applicable laws and regulations of the State of Colorado and the Town. 3. All notices required for the public hearings at which the Town Council considered the Petition were properly and timely published, posted or mailed in accordance with all applicable laws and regulations of the State of Colorado and the Town. 521179.3 CAMALC 05/23/02 11:46 AM 4. In order to encourage well-ordered development to the Town, it is desirable that the Annexation Property be annexed to the Town. 5. The annexation of the Annexation Property to the Town is in the best interests of the public health, safety and general welfare of the people of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: Section 1. The annexation to the Town of the Annexation Property be, and is hereby approved and said real property as described on the annexation map accompanying the Petition is hereby annexed to the Town. Section 2. As required by statute, the Town shall: (a) File one copy of the annexation map with the original of this Ordinance in the office of the Town Clerk for the Town; and (b) File for recording three certified copies of this Ordinance and of the map of the area annexed containing a legal description of such area with the Clerk and Recorder of Eagle County, Colorado. Section 3. The Town Clerk is hereby authorized and directed to publish the full text of this Ordinance in the Eagle Valley Enterprise, a newspaper of general circulation within the Town on the next available publication date. Section 4. The effective date of this Ordinance shall be seven (7) days after publication of the notice described in Section 3 above. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED PUBLISHED this day of , 2002 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of 2002 at p.m. in the Avon Municipal Complex, 400 Benchmark Road, Avon, Colorado. TOWN OF AVON By: Judy Yoder Mayor of the Town of Avon, Colorado 521179.3 CAMALC 05/23/02 11:46 AM 2 Attest: Patty McKenny Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED PUBLISHED this day of , 2002. TOWN OF AVON By: Judy Yoder Mayor of the Town of Avon, Colorado Attest: Patty McKenny Town Clerk APPROVED AS TO FORM: John Dunn, Esq. Town Attorney 521179.3 CAMALC 05/23/02 11:46 AM 3 EXHIBIT A TO ORDINANCE NUMBER 02-10, SERIES OF 2002 (Legal Description of Annexation Property) Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder, EXCEPT that portion described as follows: Beginning at the most easterly corner of said Lot 6; thence the following three courses along the southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13 feet; (2) S78°00'01"W 93.40 feet; (3) 31.15 feet along the are of a curve to the left, having a radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14 feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a chord that bears N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425 square feet, more or less. 521179.3 CAMALC 05/23/02 11:46 AM A-1 EXHIBIT B TO ORDINANCE NUMBER 02-10, SERIES OF 2002 (Copy of Resolution Number 02-28, Series of 2002) 521179.3 CAMALC 05/23/02 11:46 AM B-1 RESOLUTION NO. 02-28 SERIES OF 2002 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF AVON SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED AS THE LOT 6, MCGRADY ACRES PETITION FOR ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the filing on May 10, 2002 of the Lot 6, McGrady Acres Petition for Annexation (the "Petition") for a portion of certain property located in Eagle County, Colorado, and described on Exhibit A attached hereto (the "Annexation Property"); and WHEREAS, at a meeting on the 28th day of May, 2002, the Town Council passed and adopted Resolution No. 02-22 finding substantial compliance of Petition, and setting a hearing to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and is eligible for annexation to the Town; and WHEREAS, following notice given as required by law, the Town Council has held a hearing on said annexation; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: Section 1. The Town Council hereby finds that Petition complies with the provisions of Section 31-12-107, C.R.S. Section 2. The Town Council hereby finds that, with respect to Petition, the requirements of Article II, Section 30 of the Colorado Constitution and of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met. Section 4. The Town Council hereby finds that no additional terms and conditions are to be imposed upon annexation of that Annexation Property included in the Petition. Section 5. The Town Council hereby finds that an election is not required under Sections 31-12-107(2) or 31-12-112(1), C.R.S. Section 6. The Town Council hereby finds that notice was given and a hearing was held regarding the annexation in accordance with the requirements of Sections 31-12-108 and 31-12-109, C.R.S., as applicable. Section 7. The Town Council concludes that the Annexation Property included in Petition is eligible for annexation to the Town of Avon. 5442521 CAMALC 05/23/02 11:47 AM PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Avon held this day of , 2002. Judy Yoder Mayor of the Town of Avon, Colorado ATTEST: Patty McKenny Town Clerk 544252.1 CAMALC 05/23/02 11:47 AM Exhibit A (Legal Description of Annexation Property) Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at. Page 533, at Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder, EXCEPT that portion described as follows: Beginning at the most easterly corner of said Lot 6; thence the following three courses along the southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13 feet; (2) S78°00'01 "W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14 feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a chord that bears N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425 square feet, more or less. 544252.1 CAMALC 05/23/02 11:47 AM A-1 CERTIFICATE OF PUBLICATION I, Patty McKenny, Town Clerk for the Town of Avon, Colorado, hereby certify that a true and full copy of the Town of Avon Ordinance Number 02-10, Series of 2002 was published in the , a newspaper of general circulation in the Town of Avon, Colorado, on , 2002. A copy of the published text is attached hereto. Date: Patty McKenny Town Clerk 521179.3 CAMALC 05/23/02 11:46 AM Minutes of Planning & Zoning Commission May 21, 2002 Council Chambers Town of Avon Municipal Building 400 Benchmark Road AGENDA 1. Call to Order The meeting was called to order to 6:01 PM. II. Roll Call All Commissioners were present except for Commissioner McClinton. III. Additions and Amendments to the Agenda Chairman Evans makes an amendment to Section XIII, stating that all PUD Amendments will be public hearings. Tambi Katieb, Planner II, read the Worksession minutes into the record, specifically about the discussion between the Commission members and Mike and Dave Dantas regarding limiting the size of the dwelling units as part of the PUD. IV. Conflicts of Interest - Macik has a conflict with Lot 67/68 Commissioner Macik has a conflict with the final design of Lot 67/68, Benchmark at Beaver Creek (item VII A). V. Consent Agenda Approval of the May 7, 2002 Planning & Zoning Commission Meeting Minutes. Commissioner Wolfe motions to approve the consent agenda. Commission Karow seconds, and the motion carries unanimously. VI. Sketch Plan A. Lot C, Avon Center at Beaver Creek 130 Beaver Creek Boulevard West Office Building Applicant: Oz Architecture Ruth Borne, Community Development Director, made the staff presentation. Ms. Borne reviewed the staff recommendations, including the proposed conditions along with the items that are lacking on the submittal, i.e., north elevations architectural does not continue as the other elevations, details for trash removal and storage must be provided and all plans and details must match from sheet to sheet. Joe Levi, OZ Architecture made a brief presentation and covered the items that were lacking on the submittal including revisions made after the submittal. Ms. Borne, states that Staff has not been given this information and therefore the Commission needs to act solely on the sketch packet that was given to them. Planning and Zoning Commission Meeting Minutes from May 21, 2002 Page 1 of 6 Chairman Evans has questions on the mechanical equipment as to the screening and visibility. Mr. Levi states that the mechanical equipment will be on the roof and screened, the slope in such a way that it will not be visible. Commissioner Sipes is concerned with the flat roof style and feels that since this is only a three story building that it should not be flat. He also touches on the four points of the design review criteria, that all three buildings should be different and it is in the best interest of the town to have as much different architecture as possible to keep from massing problems, stating that the mall plan supports different styles. Since this is an office building, this should not be designed like the rest of the project and should comply with the Town Center Plan. Commissioner Smith is not comfortable with the canyon affect and that is not consistent with what was done in the past. Commissioner Macik agrees with the staff recommendations and has no problems with the flat roof. Commissioner Karow agrees that this sketch plan meets the town criteria and agrees with the staff recommendations, he feels that this building should be designed like the rest of the project. Commissioner Wolfe has no problem with the design or looks of the building, and feels that since this is so close to the other buildings that it should look similar. However, she is concerned with the flat roof. Chairman Evans states that his comments are hand in hand with Commissioner Wolfe, the flat roof being in the center of the downtown core does not comply with the commercial design guidelines. Also the information that Mr. Levi has presented does not match the sketch packet that was submitted, therefore he is not in the position to approve. Commissioner Wolfe motions to table the application until the next meeting so that the applicant can deal with the flat roof and comply with the commercial guidelines as well as giving staff time to review what has been presented. Commissioner Smith seconds the motion and it carries 5 to 1 with Commissioner Macik dissenting. Tab Bonidy, Tab & Associates makes a public comment as to the practicality of sloped roof on commercial buildings, the mechanical code requires that equipment be accessible for maintenance and this is almost impossible with the pitched roofs. VII. Final Design A. Lots 67 & 68, Block 1, Benchmark at Beaver Creek Nottingham Road Office/Retail Space Applicant: Tab & Associates Commissioner Macik leaves the room for this presentation due to conflict of interest. Planning and Zoning Commission Meeting Minutes from May 21, 2002 Page 2 of 6 Mr. Katieb made the Staff presentation noting that during the work session there was discussion on the building height and that there were color boards and materials to hand out, and that staff is recommending approval on this project. Tab Bonidy, Tab & Associates, made a presentation. Mr. Bondiy described how and where the height of the building should be measured. Mr. Katieb, approaches the Commission along with Mr. Bondiy with the project model to clarify how and where the height of this building is measured. Commissioner Sipes then asks staff if it is true then that the parapet is still 3 Y2 to 4 feet over in height. Mr. Katieb, answers yes, only on the parapet. Commissioner Wolfe, states that he is very much in favor of this building, the only thing he is concerned about is the mechanical equipment on the roof. He is in favor of approving this project as long as there is a condition about the amount and size of future mechanical equipment on the roof. Commissioner Karow, agrees that this complies with the design review guidelines and has questions about the snow removal. Mr. Katieb, responds that the Town Code has requirements as to the off site snow storage. Commissioner Smith agrees with the design of the building and has no issues. Commissioner Sipes motions to approve the final design with staff recommendations, with the finding that the triangular parapet directly above the main entry is an architectural feature/projection therefore allowed to exceed the height limitation by four feet. It is an architectural projection because it is a minor feature to the roof. Also, all future mechanical equipment that exceeds 3' x 3' in size or is taller than the perimeter flat parapet must be reviewed by staff prior to installation and must be painted to match the roof. Commissioner Karow seconds the motion and it carries unanimously. Chairman Evans, addresses applicants, staff and audience members as to the guidelines for the next three items on the agenda. Each of these will be reviewed one at a time and will be open for public comment. III. PUD Amendments A. PUBLIC HEARING, RESOLUTION NUMBER: 02-04 Lots 42 & 43, Block 4, Wildridge Subdivision 5101 & 5113 Longsun Lane Four-plex zoning to duplex zoning Applicant: ASE, Inc. Eric Johnson, Planning Technician, made the Staff presentation. The application is taking two four plex lots and creating three duplex lots, removing two existing development rights. Mr. Johnson adds that there have been 3 letters received by the Town which have been distributed to the Commission. Staff is recommending approval Planning and Zoning Commission Meeting Minutes from May 21, 2002 Page 3 of 6 John Perkins, JMP Architects, representing the owner ASE, Inc. makes a presentation. He addresses the average size of these units, stated that at this time they are looking at 2,300 to 2,600 square feet. Chairman Evans opens the meeting to public comment, there is none. Commissioner Wolfe asks for clarification regarding the definition of 3,000 gross square feet. He feels as though the maximum square feet needs to be established through the PUD. Other than that he states that the application meets the PUD criteria. Charlie Acevedo, JMP Architects, responds to the gross square foot question, that it does not include the garage area. Commissioners Macik, Karow and Smith agree with the other Commissioners regarding the square feet issue. Commissioner Sipes, is concerned with the down sizing of the development rights and is concerned that the Planning and Zoning Commission is not the governing body to make this decision. He also points out that there will now be 3 buildings instead of 2. Therefore he is a little uncomfortable about approving or disapproving without some guidance from Council, he would like to table all three of these PUDS until they can meet with Council for some direction. Commissioner Macik would like to specify the square feet per dwelling in order to maintain the massing of the buildings. Chairman Evans states that his comments are the same and the Commission can address the issue of size at the Sketch Plan submittal. The application is consistent with the neighborhood's character and design compatibility with the immediate environment, neighborhood and adjacent properties. He would like the consistency reflected in the findings. Commissioner Karow moves to approve Resolution 02-04 with the staff recommendations along with an additional finding of, the scale, bulk, building height, buffer zone, character be found consistent with the neighborhood's character and design compatibility. Commissioner Macik seconds the motion and it carries unanimously. B. Lots 10 & 11, Block 2, Wildridge Subdivision PUBLIC HEARING, RESOLUTION NO. 02-06 2877 & 2861 O'Neal Spur Duplex zoning to single family zoning Applicant: Michael Dantas [Tab 5] Mr. Katieb makes staff presentation. This application creates three single-family lots, removing one existing development right and changing the designation from duplex to single family. Staff is recommending approval. Chairman Evans, asks about the number of road cuts, is concerned that there will be two road cuts. Planning and Zoning Commission Meeting Minutes from May 21, 2002 Page 4 of 6 Dave Dantas, Dantas Builders, responds to the road cuts and assures the Commission that there will be two instead of three. Chairman Evans, opens the meeting for public comment. Angelo Coria, neighboring resident, is concerned about the size/height of the buildings. Mr. Dantas states that what they are proposing is that one dwelling is set higher and the other two are lower with the longer driveway, this will hopefully preserve the views of the neighboring lots. Commissioner Sipes addresses the resident; that there are no rights as to the protection of the view corridor and also states that while the plan looks good it seems to be reflecting a great deal of site disturbance. However, he realizes that this is a very preliminary plan. Chairman Evans, closes the public hearing. Commissioner Macik has no problems with the change of the PUD or the project. Commissioner Karow, agrees with staff recommendations and has no conflict with the change. Commissioner Wolfe agrees with staff recommendations. Commissioner Smith agrees with staff recommendations. Commissioner Sipes has nothing to add. Chairman Evans has nothing add, however he does state that the Commission will be asking Council for some feedback in revising PUDs based upon a reduction in density. Commissioner Karow motions to approve Resolution 02-06 as presented, the motion is seconded by Commissioner Wolfe and carries unanimously. C. Lots 47 & 48, Block 1, Wildridge Subdivision PUBLIC HEARING, RESOLUTION NO. 02-07 2420 & 2430 Saddle Ridge Loop Duplex zoning to single family zoning Applicant: Michael Dantas & Tom Marcin Mr. Katieb makes the staff presentation that the application is creating three single- family lots and removing one existing development right and changing the designation from duplex to single family. Staff is recommending approval. Chairman Evans opens the public hearing. Arther Myers, lives across the street and he feels that the three single family homes would be much better suited for this site since the site is so steep to begin with. Commissioner Sipes states that once again the preliminary plans seems to show a great deal of grading and site disturbance. Chairman Evans states the possibility to contact the neighbors to check into creating an access easement across Lot 46 so that all the residents could use the driveway to minimize the curbs cuts and it could be very cost effective. Planning and Zoning Commission Meeting Minutes from May 21, 2002 Page 5 of 6 Jason Bamuer, resident, talks about the driveway being common and is willing to speak with the developers regarding the possible easement. Commission Wolfe states that staff has done a wonderful job and with the findings and recommends approval of the application with the recommendation that the developers contact the neighbors about the possibility of an access easement. Commission Karow motions to approve Resolution 02-07 with the recommendation that the developer explore an access easement across Lot 46. Commissioner Sipes seconds the motion and it carries unanimously. X. Other Business A. Minor Projects - Staff Approvals 1. Lot 32, Block 2, Wildridge Subdivision 2643 Beartrap Road - Unit A Deck Addition & Parking Spot Applicant: Casey Frehe 2. Lot 3, Block 1, Wildridge Subdivision 3000 Wildridge Road - Suncrest Condominiums Exterior Remodel & Maintenance Applicant: Tim McCabe B. Sign Permits 1. Lot 24, Block 2, Benchmark at Beaver Creek Subdivision 0150 East Beaver Creek Blvd "Lovely Nails" Applicant: Young Electric Sign Company C. Village at Avon Update Commissioner Wolfe gives a brief update on the Village at Avon. Ms. Borne comments about the Annexation update for Mr. Bowen and the other properties in McGrady Acres. X. Adjourn (7:15pm) Commissioner Macik makes a motion to adjourn the meeting. Commissioner Sipes seconds the motion and it carries unanimously at 8:00 pm. Planning and Zoning Commission Meeting Minutes from May 21, 2002 Page 6 of 6 Memo To: Honorable Mayor and Town Council Thrul: Bill Efting, Town Manager From: Ruth Borne, Director of Community Development Date May 22, 2002 Re: First Reading of Ordinance 02-11, An Ordinance Amending the Wildridge PUD for Lots 42 & 43, Block 4, Wildridge Subdivision Summary The applicant, TS Properties Inc., owns Lots 42 and 43, Block 4 in the Wildridge Subdivision. They are seeking a PUD amendment in order to create three duplex lots instead of two four-plex lots, thus removing two development rights from these lots that are currently zoned for four units (a four-plex) each. The applicant has stated that the proposed duplex lots will be identical to the other duplex lots in Wildridge as they relate to development standards (building height, lot coverage, setbacks), and are further restricted to building footprints and a shared access point for two of the duplexes. The Planning and Zoning Commission recommended approval of this PUD Amendment on May 21, 2002 with conditions as attached on Planning and Zoning Resolution 02-04. Accompanying this PUD amendment is an amended final plat, which will create the three duplex lots and identify the new proposed access easement. The plat will be brought to Council concurrently with the second reading of Ordinance 02-11. Additionally, the Planning and Zoning Commission has requested that Council clarify the Town policy on this type of PUD amendment since it appears to be a more frequent request at their meetings. Recommendation Staff recommends that the Town Council pass Ordinance 02-11 on first reading, amending the Wildridge PUD to rezone Lots 42 and 43, Block 4, Wildridge Subdivision, to create three duplex lots (Lots 42A, 42B, and 42C) and removing two existing development rights. Alternatives 1. Approve on First Reading 2. Deny on First Reading Memo to Town Council, May 28, 2002 Page 1 of 2 Ordinance 02-11, Lots 42 and 44, Block 4, Wildridge PUD Amendment Proposed Motion "I move to approve on first reading Ordinance 02-11, approving an amendment to the Wildridge PUD for Lots 42 & 43, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. " Town Manager Comments u /- on c Attachments: A. Ordinance 02-11 B. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 02-04 D. Minutes from the May 21, 2002 Planning and Zoning Commission Meeting Memo to Town Council, May 28, 2002 Page 2 of 2 Ordinance 02-11, Lots 42 and 44, Block 4, Wildridge PUD Amendment TOWN OF AVON ORDINANCE NO. 02-11 SERIES OF 2002 AN ORDINANCE APPROVING AN AMENDMENT OF THE WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR LOTS 42 AND 43, BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, TS Properties Inc. has applied to amend the Wildridge PUD to rezone Lots 42 and 43, Block 4, Wildridge Subdivision, to create three duplex lots (Lots 42A, 42B, and 42C) and removing two (2) existing development rights; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on May 21, 2002, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD amendment; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed PUD amendment to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the day of , 2002, at which time the public was given an opportunity to express their opinions regarding the proposed PUD amendment; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: F:\Counci1\0rdinances\2002\0rd 02-11 L42,43 B4 WR PUD amendment.doc 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. That the amendment of the Wildridge PUD to rezone Lots 42 and 43, Block 4, Wildridge Subdivision is consistent with goals and objectives of the Town's Comprehensive Plan, is compatible with surrounding neighborhood and is consistent with the public interest. 3. That the development standards for Lots 42A, 42B, and 42C, Block 4, Wildridge Subdivision comply with each of the Town of Avon's PUD design criteria and that this proposed development is consistent with the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The amendment to the Wildridge PUD to rezone Lots 42 and 43, Block 4, Wildridge Subdivision, to create three duplex lots (Lots 42A, 42B, and 42C) and removing two (2) existing development rights is hereby approved with one condition: 1. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. F:\Counci1\0rdinances\2002\0rd 02-11 L42,43 B4 WR PUD amendment.doc INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of 2002, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of, 2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council ATTEST: Town Clerk Mayor INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of ATTEST: Town Clerk 2002. Town of Avon, Colorado Town Council Mayor APPROVED AS TO FORM: Town Attorney F:\Counci1\0rdinances\2002\0rd 02-11 L42,43 B4 WR PUD amendment.doc TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 02-04 SERIES OF 2002 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF A PUD AMENDMENT TO THE WILDRIDGE PUD FOR LOTS 42 AND 43, BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, TS Properties Inc. has applied for an amendment to the Wildridge PUD to create three duplex lots (Lots 42A, 42B, and 42C) on Lots 42 and 43, Block 4, removing two existing development rights on the lots; and WHEREAS, after notices required by law, a public hearing on said application was held by the Planning & Zoning Commission of the Town of Avon; and WHEREAS, said application is consistent with all legal requirements. WHEREAS, the Planning and Zoning Commission has found that the application is consistent with the neighborhood's character and design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby recommends to the Town Council of the Town of Avon approval of the application for an amendment to the Wildridge PUD to rezone Lots 42 and 43, Block 4 from multifamily zoning for four (4) units to three (3) duplex lots (Lots 42A, 42B, and 42C), eliminating two (2) development rights from Lots 42 and 42, with the following condition: 1. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. ADOPTED THIS 21st DAY OF MAY, 2002 Signed: Date: 1/0 Z. Chris E C At st: Date: 7 UZ Brian es, Secretary Staff Report Avo N PUD Amendment C O L O R A D O May 21, 2002 Planning & Zoning Commission meeting Report date May 16, 2002 Project type PUD Amendment to the Wildridge PUD Legal description Lots 42 & 43, Block 4, Wildridge Subdivision Current zoning PUD - Four-plex zoning Address 5101 & 5113 Longsun Lane Introduction Andy Schifanelli, the applicant and owner representative, seeks a PUD Amendment for Lots 42 and 43, Block 4, of the Wildridge Subdivision in order to create three (3) duplex lots from two lots that are currently zoned for four units, thus removing two development rights. The applicant has stated that the proposed duplex lots will conform to the duplex development standards (building height, lot coverage, setbacks, etc.) for Wildridge. The PUD also states that each building footprint of impermeable surface will not exceed 3,000 square feet "gross residential floor area" as defined in the Wildridge Protective Covenants (July 12, 1979). Accompanying this PUD amendment is a final plat that will create the three duplex lots and identify a proposed access easement for Lots A and B. Attached to this report is a letter from the applicant regarding the reasons for the PUD Amendment. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following design criteria, or demonstrate that one or more of them is not applicable, or that a particular development solution is consistent with the public interest. 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. Policy A1.3 of the Comprehensive Plan encourages the use of PUDs where it will provide a benefit to the community and is compatible with surrounding development. The other properties surrounding the proposed development are all zoned duplex. By changing the zoning to duplex and removing two development rights this development will be consistent with the other neighboring properties. 2. Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town. The application complies with the general design theme of the town and will require final design approval for each duplex from the Town. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lots 42 & 43, Block 4, Wildridge subdivision, PUD Amendment May 21, 2002 Planning & Zoning Commission meeting Page 2 of 3 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. The project complies with the design compatibility of the immediate environment. The immediate lots surrounding these properties are duplex-zoned lots with both duplexes and single-family residences having been developed on those properties. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The uses and density proposed are compatible with surrounding uses and activity. Down zoning the property will be to the benefit of the neighboring properties by removing two development rights and creating three duplexes as opposed to two four-plexes. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. No further disturbances or mitigation measures are proposed or required with this amendment. 6. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. This application may provide a higher aesthetic quality since it will eliminate two development rights from Lots 42 and 43. The proposed PUD has only two curb cuts for three properties. Project design will require a separate approval from the Town. 7. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. Circulation is not an issue with this amendment. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Final site plan design will require a separate approval from the Town. 9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. The applicant is proposing that the three duplexes will be developed separately. The Final Plat accompanying this application will create an access easement for Lot 42A across Lot 42B. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. Public services are adequate. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lots 42 & 43, Block 4, Wildridge 6ubdivision, PUD Amendment May 21, 2002 Planning & Zoning Commission meeting Page 3 of 3 11. That the existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. This application will not generate additional traffic and should reduce potential traffic and an additional road cut through the elimination of two development rights for the lot 12. Development Standards Setbacks: Front: 25 feet from both Longsun Lane and Wildridge Road East. Rear: 10 feet. Side: 10 feet. Height: 35 foot maximum. Density: 2 units per lot, total of 6 units. Site Coverage: 50% maximum. Landscaping: 25% minimum. Staff Recommendation Staff believes that the reduction of the lot sizes and the removal of the two development rights will benefit the neighboring area and the Town. This proposal minimizes road cuts onto the properties by using shared access points. In conclusion, Staff recommends approval of the application for a PUD Amendment to the Wildridge PUD to create three duplex-zoned lots and removing two development rights. Recommended Motion I move to approve Resolution 02-04 recommending to the Town Council approval of the application for an amendment to the Wildridge PUD to rezone Lots 42 and 43, Block 4 from multifamily zoning for four (4) units to Lots 42A, 42B, and 42C, three (3) duplex lots, eliminating two (2) development rights from Lots 42 and 43 with the following condition(s): 1. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. If you have any questions regarding this project or any planning matter, please call me at 748- 4030, or stop by the Community Development Department. Respectfully submi e Eric Johnson Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 ASE, INC. M4 WAG3 SUES; .4MJ PO Ek3( 955 9M5%13792 Ubill\L ome ocrn April 25, 2002 Mr. Tambi Katieb Planner Town of Avon PO Box 975 Avon CO 81620 Dear Mr. Katieb: Edneids 00 81632 9705693791 W wdrCaVAnst o ra" r TS Properties, Inc. wishes to combine Lots 42 & 43, Block 4, Wildridge Subdivision, currently zoned for four units each, and subdivide this parcel into three duplex sites. TS Properties, Inc. believes that this will provide zoning that is better suited to the neighborhood with reduced scale, better contextual relationship, a superior design, reduced traffic impact to the surrounding neighborhood and increased property values. This proposal is for the three sites to conform to the duplex lot zoning regulations as they are specified by the Wildridge P.U.D., with no exceptions. In asking for this Subdivision, TS Properties, Inc. wishes to amend the Wildridge Planned Unit Development to reflect the reduction of two (2) dwelling units from the overall density. Access to the proposed three duplex parcels will be granted through two driveway cuts along the northern property line to minimize disruption to the property. A common access easement shall be granted to the center and eastern duplex site. The enclosed submittal is for approval of Subdivision and Amendment to the Planned Unit Development only. To help illustrate the impacts to the site, proposed access and massing, a preliminary site plan and design has been included. Please understand that they may be subject to change as the designs are refined but will be subject to the standard Planning review for zoning compliance. Sincerely, Andy chifanelli President CJ:J/ L11 LCJCJL 11..74 17100DUr111 :7/1?/v4 ?,'t1 v off. CR ? S Cl D ?lc? ? Ur r 11,G1+IPA 1--;UL 171 / ui 0170 - y47- 11,3J e w- - Ur??` (-0(6 Py TU'D v6 cRo. 1D &,1 5 u Iv )-A ? e E . UJ,l??S e P? (r.?`F 41 8i«k4I, 6w..- CA- RC) u v aAk tA, "Ae-c? env moo" ? FROM : JON AND BOBBI SCHWARTZ PHONE NO. : 7243357619 May. 20 2002 10:21RM P2 5110 Longsun Lane Avon Colorado, 81620 May 19 2002 Planning and Zoning Commission Town of Avon PO Box 975 Avon Colorado, 81620 Dear Sirs: Regarding the proposed division of Lots 42 and 43, Block 4, Wildridge PUD. At this time I am not taking a position in favor or in opposition of the proposed subdivision. However I hope and expect the planning Commission will consider the protection of existing views at all stages of review of these proposals. ours tru y, Jonathan Schwartz M.D. Cc Andrew L. Spielman Brownstein,Hyatt and Farber P.C. 21 May 2002 Planning and Zoning Commission Town of Avon PO Box 975 Avon, CO 81620 RE: Lots 42 and 43, Block 4, Wildridge (Longsun Lane) Thank you very much for sending us the notice of the public hearing on this property by mail. Unfortunately, we cannot attend the meeting tonight in person. We live on the corner of Longsun Lane and Wildridge Road East, directly across the street from the proposed development When we purchased our lot in 1992, single family structures were planned for Lots 42 and 43. With our former neighbor, who subsequently moved out of the neighborhood because of the planned 4-plex development, we attempted unsuccessfully to purchase the property from TS Properties, Inc. We are full time residents with two children, ages 7 and 9. We are grateful that market conditions have forced the developer to abandon plans for the 4-plex development since other 4-plexes in Wildridge are not selling. We understand that to maximize profitability, it makes the best financial sense for the developer to rezone the two lots as three so that 6 units (3 duplexes) rather than 4 (2 duplexes) can be built on this site. We cannot argue against the developer's legal right to maximize the profitablility of his investment. We cannot make a strong case for denying the rezoning based on density because the lots are zoned 4-plex so the developer can revert to his original plans at any time. AH we can ask is that the Town of Avon consider whether facilitating developers' ability to maximize profit at the expense of Avon's existin_a neighborhoods is in the best interests of the town and the uni . Comm We object to the rezoning. We would prefer that the two lots remain as delineated and single family houses or duplexes be built Although it is a difficult argument to make in this valley, MORE is not always better. Thank you for your consideration. Rg pectfully, vid and Sarah Hymes 4 5100 Longsun Lane, Wildridge RECEIVED Community Development Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager P From: Ruth Borne, Director of Community Development Date May 22, 2002 Re: First Reading of Ordinance 02-12, An Ordinance Amending the Wildridge PUD for Lots 10 & 11, Block 2, Wildridge Subdivision Summary The applicant, Michael Dantas, owns Lots 10 and 11, Block 2 in the Wildridge Subdivision. He is seeking a PUD amendment in order to create three single family lots instead of two duplex lots, thus removing one development right from these lots that are currently zoned for two units (a duplex) each. The applicant has stated that the proposed single-family lots will be identical to the other single-family lots in Wildridge as they relate to development standards (building height, lot coverage, setbacks). The Planning and Zoning Commission recommended approval of this PUD Amendment on May 21, 2002 with conditions as attached on Planning and Zoning Resolution 02-06. Accompanying this PUD amendment is an amended final plat, which will create the three single-family lots and identify the new proposed access easement. The plat will be brought to Council concurrently with the second reading of Ordinance 02-12. Additionally, the Planning and Zoning Commission has requested that Council clarify the Town policy on this type of PUD amendment since it appears- to be a more frequent request at their meetings. Recommendation Staff recommends that the Town Council pass Ordinance 02-12 on first reading, amending the Wildridge PUD to rezone Lots 10 and 11, Block 2, Wildridge Subdivision, to create three single-family lots (Lots 10A, 10B, and 10C) and removing one existing development right from Lots 10 and 11. Alternatives 1. Approve on First Reading 2. Deny on First Reading Memo to Town Council, May 28, 2002 Page 1 of 2 Ordinance 02-12, Lots 10 and 11, Block 2, Wildridge PUD Amendment Proposed Motion "I move to approve on first reading Ordinance 02-12, approving an amendment to the Wildridge PUD for Lots 10 & 11, Block 2, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. " Town Manager Comments L? Attachments: A. Ordinance 02-12 B. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 02-06 D. Minutes from the May 21, 2002 Planning and Zoning Commission Meeting Memo to Town Council, May 28, 2002 Page 2 of 2 Ordinance 02-12, Lots 10 and 11, Block 2, Wildridge PUD Amendment TOWN OF AVON ORDINANCE NO. 02-12 SERIES OF 2002 AN ORDINANCE APPROVING AN AMENDMENT OF THE WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR LOTS 10 AND 11, BLOCK 2, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Mike Dantas has applied to amend the Wildridge PUD to rezone Lots 10 and 11, Block 2, Wildridge Subdivision, to create three single-family lots (Lots 1OA, IOB, and IOC) and removing one (1) existing development right; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on May 21, 2002, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD amendment; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed PUD amendment to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the day of , 2002, at which time the public was given an opportunity to express their opinions regarding the proposed PUD amendment; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: FACounci1\0rdinances\2002\0rd 02-12 L10,11 B2 WR PUD amendment.doc 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. That the amendment of the Wildridge PUD to rezone Lots 10 and 11, Block 2, Wildridge Subdivision is consistent with goals and objectives of the Town's Comprehensive Plan, is compatible with surrounding neighborhood and is consistent with the public interest. 3. That the development standards for Lots 10A, 10B, and 10C, Block 2, Wildridge Subdivision comply with each of the Town of Avon's PUD design criteria and that this proposed development is consistent with the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The amendment to the Wildridge PUD to rezone Lots 10 and 11, Block 2, Wildridge Subdivision, to create three single-family lots (Lots 10A, IOB, and 1OC) and removing one (1) existing development right is hereby approved with two conditions: 1. The subdivision plat and an updated PUD plan will reflect the following for recording: a. All easements and setbacks need to be labeled and dimensioned correctly on proposed lots as follows: i. Front Setback: 25 feet from O'Neal Spur. ii. Rear Setback: 10 feet. iii. Side Setback: 10 feet. 2. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. F:\Couucil\Ordinances\2002\Ord 02-12 L10,I1 132 WR PUD amendment.doc INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of 2002, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of, 2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council ATTEST: Town Clerk Mayor INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of ATTEST: Town Clerk 2002. Town of Avon, Colorado Town Council Mayor APPROVED AS TO FORM: Town Attorney FACounci1\0rdinances\2002\0rd 02-12 L10,11 B2 WR PUD amendment.doc TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 02-06 SERIES OF 2002 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF A PUD AMENDMENT TO THE WILDRIDGE PUD FOR LOTS 10 AND 11, BLOCK 2, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Mike Dantas has applied for an amendment to the Wildridge PUD to create three single family lots on Lots 10 and 11, Block 2, Wildridge, removing one existing development right on the lots and changing the designation from duplex to single family; and WHEREAS, after notices required by law, a public hearing on said application was held by the Planning & Zoning Commission of the Town of Avon; and WHEREAS, said application is consistent with all legal requirements. NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby recommends to the Town Council of the Town of Avon approval of the application for PUD amendment for Lots 10 and 11, Block 2, Wildridge PUD, Town of Avon, Eagle County, Colorado from duplex zoning for four (4) units on Lots 10 and 11 to three (3) single-family lots on Lots I OA, 1 OB, and 1 OC, eliminating one (1) development right from Lots 10 and 11 with the following conditions: 1/ The subdivision plat and an updated PUD plan will reflect the following for recording: a. All easements and setbacks need to be labeled and dimensioned correctly on proposed lots as follows: i. Front Setback: 25 feet from O'Neal Spur. ii. Rear Setback: 10 feet. iii. Side Setback: 10 feet. 2/ Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. ADOPTED THIS 21st DAY OF MAY, 2002 Signed: Date: S ` Z (4 Z Date: 5 ^ W - cv2 Staff Report PUD Amendment VON C O L O R A D O May 21, 2002 Planning & Zoning Commission meeting Report date May 16, 2002 Project type PUD Amendment Legal description Lots 10 & 11, Block 2, Wildridge Subdivision Current zoning Both lots currently zoned for duplex Address 2877 & 2861 O'Neal Spur Introduction The applicant, Michael Dantas, is requesting an amendment to the Wildridge PUD zoning of `duplex' for these two existing lots to three lots zoned for `single-family', resulting in a formal reduction of one dwelling unit to the PUD zoning. Accompanying this PUD amendment request is a subdivision plat, which will formally acknowledge the amendment and vacate the existing lot line to create three new single-family lots and the required access easements. Attached to this report is a letter outlining the development guide and the merits of the proposal from the applicant. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following design criteria, or demonstrate that one or more of them is not applicable, or that a particular development solution is consistent with the public interest. 1. Conformance with the Town of Avon Comprehensive Plan Goals and Objectives. Policy A1.3 of the Comprehensive Plan encourages the use of PUDs where it will provide a benefit to the community and is compatible with surrounding development. It can be argued that the effective `down-zoning' of these lots to single-family homes is more in character with the homes that have been constructed in the immediate neighborhood. Though most of these lots are still zoned for duplex, single-family homes with and without lock off units have been constructed. Conversely, the Comprehensive Plan also calls for the inclusion of affordable housing within the community (Policy C2.2) and it could be argued that each of the single family homes should have an approved `lock-off unit included, not to be sold separately and restricted in size. This would effectively increase the density of this proposal over what currently exists and what is being proposed. Staff can support either option. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lots 10 & 11, Block 2, Wildridgt r'UD Amendment May 21, 2002 Planning & Zoning Commission meeting Page 2 of 4 2. Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town. The application complies with the general design theme of the town and will require final design approval for each single family home from the Town. 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. The project should comply with the design compatibility of the immediate environment. The immediate lots surrounding these properties are primarily single-family residences being built on duplex or single family zoned lots. Each lot is required to apply for final design approval. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The uses and density proposed are compatible with surrounding uses and activity. Forfeiting one dwelling unit for this combined property will be compatible with surrounding uses. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. No further disturbances or mitigation measures are proposed or required with this amendment. 6. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. This application may provide a higher aesthetic quality since it will eliminate one development right from Lots 10 and 11. The proposed PUD has only two curb cuts for three properties, which would likely be required with two duplexes. Project design will require a separate approval from the Town. 7. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. Circulation is not an issue with this amendment. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Final site plan design will require a separate approval from the Town. 9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. The applicant is proposing individual development of each lot. The Final Plat accompanying this application will create an access easement for Lot B. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lots 10 & 11, Block 2, Wildridgc rIUD Amendment May 21, 2002 Planning & Zoning Commission meeting Page 3 of 4 Public services are adequate. 11. That the existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. This application will not generate additional traffic, and should reduce traffic that could be generated by an additional dwelling unit. 12. Development Standards Setbacks: Front: 25 feet from O'Neal Spur. Rear: 10 feet. Side: 10 feet. Height: 35 foot maximum. Density: 1 single-family home per lot, for a total of 3 homes. Site Coverage: 50% maximum. Landscaping: 25% minimum. Staff Comments Staff believes that the reduction of one unit in density and the change from duplex homes to single family homes will conform to the construction of single-family homes in the immediate vicinity, including those in Wildridge Acres. Staff would consider recommending further restrictions on building sizes and specific building envelopes if the applicant was asking for different development standards (such as setbacks, building height), but since none are being applied for, staff sees no compelling reason to impose such restrictions on each lot as proposed. Staff Recommendation I move to approve Resolution 02-06 recommending to the Town Council approval of the application for an amendment to Lots 10 and 11, Block 2, Wildridge PUD, Town of Avon, Eagle County, Colorado from duplex zoning for four (4) units on Lots 10 and 11 to three (3) single- family lots on Lots IOA, IOB, and IOC, eliminating one (1) development right from Lots 10 and 11 with the following conditions: The subdivision plat and an updated PUD plan will reflect the following for recording: a. All easements and setbacks need to be labeled and dimensioned correctly on proposed lots as follows: Front Setback: 25 feet from O'Neal Spur. ii. Rear Setback: 10 feet. iii. Side Setback: 10 feet. 2. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lots 10 & 11, Block 2, WildridgG PUD Amendment May 21, 2002 Planning & Zoning Commission meeting Page 4 of 4 Recommended Motion Approve Resolution 02-06, recommending to the Town Council to approve the PUD Amendment for Lots 10 and 11, Block 2, Wildridge PUD, Town of Avon, Eagle County, Colorado from duplex zoning for four (4) units on Lots 10 and 11 to three (3) single-family lots on Lots l OA, I OB, and 1 OC, eliminating one (1) development right from Lots 10 and 11 with the following conditions: 1/ The subdivision plat and an updated PUD plan will reflect the following for recording: a. All easements and setbacks need to be labeled and dimensioned correctly on proposed lots as follows: i. Front Setback: 25 feet from O'Neal Spur. ii. Rear Setback: 10 feet. iii. Side Setback: 10 feet. 2/ Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval If you have any questions regarding this project or any planning matter, please call me at 748- 4002, or stop by the Community Development Department. Respectfully submitted, Tambi Katieb, AICP Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 COVER SHEET r2n i/] ca. YG u Kn ?/] t9x. YG H SITE W I L D R I D G E SUBDIVISION: BLOCKSI -5 r]S ?„ Cdt YG ]] LAND USE SUMMARY TA BLE: CURRENT ZONING Duplex CURRENT MAXIMUM NUMBER OF DWELLING UNITS 4 PROPOSED ZONING Single FornIIF PROPOSED MAXIMIUM NUMBER OF DWELLING UNITS 3 BUILDNG NOGNT (ft.) ALLOWED 35 POTENTIAL LAND USE OFF STREET PARKING UNIT:A- g IT B UN 6 UNIT 'C' 7 GARAGE PARKING AVAILABLE UNIT *A* 3 UNiT '8' 3 UNIT 'C' 1 SURFACE PARKING AVAILABLE UNIT 'A' 3 UNIT 'B' 3 UNIT 'C' 4 TOTAL SIZE AREA (TSA), sq. ft 60,469 EXISTING SITE > 40% SLOPE AREA (sq, ft.) 10,886 % TSA 160% BUILDING LOT COVERAGE AREA (sq. IL) 6,389 % TSA 10.6% SITE LANDSCAPED AREA (sq. ft.) 27,375 9 7u 45.3% PAVED SURFACE AREA (sq. ft,) 9,272 % TSA 15.3% SNOW STORAGE AREA (sq. ft.) 9,615 % of Pored Areo IC6.9% VICINITY MAP 1'-500 Fr MARCIN P.U.D. LOTS 47 AND 48, BLOCK 1 WILDRIDGE SUBDIVISION TOWN OF AVON COLORADO APr®ved "ay the Town of Avon Planning and Zoning Coin i e on i-zW,02 l3w,"kI ? c?? kith the following 7 SHEET INDEX COVER SHEET TOPOGRAPHIC SURVEY POSSIBLE PLAT SITE PLAN SHEET 1 SHEET 2 SHEET 3 SHEET 4 T" tiV1 DATE: AO 30,20M LOT 34 LOT 35 FOUND 1' RAW cw L3 P341T Ea6TeAl PNp1E PCMIAL EMSTaa CATV PEtiSTAL ;\4 ,. lS p?41 `- syoYe,yfi nzar T? uTLTY r1a onu+Au [A"T !'? l 11DIr &wi LOT 49 - '•:?/ t \ Oa.• _ _ - - L 4 I ?dY ,'//LOT 48 L07 47 ?I I .68 AC's 70 AC. Ih.. II. $ III Ex R ISnG ' of ?P L' /?' ` ' - `t? ?? I I I I I HOUSE / ;' w A 4 RETAINING WALL LIn j/?? II yI - N_R_. /? // III II., ? o? ` ? I h LOT 46 8 \ f? Il __ B,s? y?, N II --- FOUND r -- ALWOnNI cv - I rs Q147 SANFTANY 74 - SEWER a„ ,_? STUBOUT cy \ _ \ _ 11tp? v.r«.r ,i 71, - -? ° L? _ pHIST/pO i BAN -8160 --- rno-?sroA _ 15 ._.-- BA4l OF EIEYA 4AMTWY sEYQ Eux•8144.p ?SADDLE -- RI CE L00p TOPOGRAPHIC MAP LOT 47 + 48, BLOCK 1 WILDRIDGE SUBDIVISION SHEET 2 1101E i 1) SWt*Y DAIS May IS, SODI. o r^ir o;L;7ty Arm Orr b."d W. am kit* ow eaene W ndeYAa4 dw11Rbnot[R'Aoamwauurn/Iaihbabee oim wrwy d »RA nQ eny MY h Pwoptj& nb w W y,eat&,, Arn o nE MN DADD adJooar M kanf properly M of 4f N. EkrmUm . M44.0 4) CMITOUR MIERYAL- E OWL S) Mo. Ch dw net earaA; aa1Ry to Rm hbplly of my DlyMel ==W n amomtlen M Dir meP and anrA 1. A4ce l)Ame% o ReglMiel Prohaknd land 7YIY?Aa h tln Slob of ?°m°yd° M%1 Mal WIN TOPOGRAPM SURWY was 4" 1 m• ar KvsrAPkN% o?and v?iadloa Uaad In the and tmt at a,?rm offMe rAvw ThThe Aagl ore » part of this oaukadon ? EI n' r ho 32534 LLC GRAPHIC SCALE n IIN YaEJ a haA • to tL NOTICE: According to Colorado law you MUST cwamence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the dote of certification shown hereon. MARCIN ENGINEERING LLC ENGINEERS AND SURVEYORS P.O. BOX 1062 AVON, CO 81620 (970) 748-0274 FAX (970) 748-9021 r. f LOT 34 LOT 35 / \ \ \ \ \\ - - - ^.a ??1`I AREA (TTP) I - I POSSIBLE lm) `.\ \ \ \ -.Z -`' - -I-=--- ---- SNOW STORAGE h \ \ \ ?? _ I I J, PROPOSED EDGE \? I ?--i---- L ----------- ?r POOPOSED ACCESS EASEMENT IT" *Ow 3 ME T\ \ \°'"`H 29.93' N?IVS'1B"w 7111. tr-Am.-I?'EA r I - I 5 111.00' N41'O,T72'w ""?-?"18Y;'+'c_ Lmzr I `a0 103.pp' N411UN41 UJ'}p'w I ?•• SADDLE RIDCE LDDp (50' R* //?/\ D?ry? w \ N?' _ `PROPOSED 4 ?• 1 530'16 EASIun EpLOMG R, 75.00` uriT+ AIIB DRANA<t I _ pj? SwTr?t ?"? E PROPOSED BUILDING N 183,61 55D10'38? /ENVELOP (ml I `wOPQSED BKOING LOT 49 38.BA' S3D'16'SB? ?a I i I ENVELOP (Tro) "IT A ` ;I 1 ,, I LOT 47 j L, (TIP) /LOT 48 D EASDIIExPom P LOT 0 40 ACRES AFB .68 AC. I gl$ I a I ,70 AC. $ I CA7,E1wwT (11P) i FAMILY R POSSIBLE SINGLE RESIDENCE i _. + I I L1a5T¦o PRWE. LINE TO BE I\ rI PROPOSED n I PROPOSED ' \ tISG S1B0.I MOBF LOOP Q VACATED IN= 4POIATE I \ \ I 10' BOILDRID SETBACK P 4* . 7 C ACRES PROPOSED LOT I- ?/ ' / \ 1 I I FAMILY L[S NOLE IDENIM NN SADDLE Roo m LOOP I I 1? I ' 1' \ II I ,i I I POSSIBLE SINGLE FAMILY U / 1 1 \ \ I ;1 n. fI I I N20 SADDLE MDOE LOOP I v? ? ? ? ` 1 ? \ km I 1 I f / / \ \ \ ` \ \ ` yl N I POTEk1Vl I . GRAPHIC SCALE ? R r ¦ r r (IM PRF) I Im? • 00 IL LOT 46 U J J 0 N Z_ DD to W 00 W o Z x< Z m0 W O0 Z rl u 0 a a d r N 0 I 0 d n I 0 n rn W 0 F 0 a mod 0 W Z DO' W N Ib aV z LL 0 h?QZ:3 d w,, 00 d I W r a 0 a J W N 5 i 0 JOB f DID12 DAIS APRIL A 2002 SHEET 3 l NOT FOR CONSTRUCTION I ' T LOT 34 PHASE\\A ° A? 1 PHASE i? /r y ` . ea r GRAPHIC SCALE 1m.m a l SADDLE LOOP LOT 35 t - _ ? .? Y r ? ?'B?r t \ 3 ? ?`h \ ? t I 11 '?\ ? v? l lac `. .?\ ??? ??Q \ 1 v. ?'. / WSTAIICigN ? 1 GENERAL NOTES• 1. The Contractor shay provide erosion control in conlormonce with BM Manogemnt practices. 2. TM Construction BnR e• is the contract limit IW. Do mat dsturb my esistng tress, or vegetation designated to remain w located outside of the cmatruct'en limit line +itha A cpprmal of the Owner and the Town of Avon. 3. Contractor to wdfy, seislhg site information, including structures, utilities, property IWs, Imils, of raadwoys, and ",be and guiles, that may effect the scope of work prior to beglinhg site construction. 4. Esiting utilities are indicated for Information only and not nlnded to show ..act location. The Engnesr is not responsible for the location of undo groum ut1R'rs or structwes or not elewn or detailed and nNdsd by any other contract. The Contractor nag lo=ots ON utilities and maintain or location during all phosee of the work. Contractor shag be nsporoble far my donoge to utilities or elruclures and any njrrke therefrom. Restoration of any ulRflfes drooped by the Contractor shall be at the Contractors espen.e to the sati foctlon of the Cwnr. 5. Conform to Eoye River Water and Smitation District specification far -tor and wrier cmetruction. Maintain 10 feel minimum separation Wwoon water and sorer mMrydnd serlite pipe Mantah sown feel minimum cave at underground water eeMcs. Sewn service *half how minimum cawr of Y-5'. Provide weer clew out with location to be reviewed by the Enghee. Cenral Contractor to prorloe revhg Molrg proposed utility r srie. conneclians fr the Engneen min prior to construction. 7. Rood as, and my other cmeWctlon in rood right-of-ray nag cmform with Eogfe County and the Town of Avon. Q AN Compoctlon Moll be in oacrdonce with the Sage Report Prepared by the GeolecMna Englnerhg 9. Praide written notification ofd discrepancies between nistig and proposed site 10, contractor(.) may take an -wry steps an required to property protect and maintain his work far the duration of this contract. 11. These rornge do not specify safety Materials, equipment, methods or mquenchg, to golect preen rep proprt} It sham be the Contractof. sole rupone0lfity, to diesel and nglement es ty aperotims and procedures to protect the Owner, other Contractors, the public etl others, 12 M work roll canpty RRh ag applicable coil and ardnanees, 11 Controctr(w) eel employ a Boreed surveyor to establish all work fines. 14. Cmtroetr(.) shd stake out as w o* ncludnq walks, p=imento, waly Iwos and foray and shag aglaM the apprard d the Architect pair to proceeding with the writ ti Notes and details m spwiE< rwhge take p-odnde deer general notes and typical details - 10. Conflict. or alscrepdnties with grades whale be breupM to the attention of the Armitsd immediately and prior to prccsedng with rule 17. AN finished gmese ehaR p-id. far natural runoff d +atr without la spots or packets. Set lbw lines oocuralely and pr4vitle a mnkrwn 2.51 gradient -lass otherwise noted t6 Greerdy rourd off top. md'I es of N planted elopes, uwses shown othw oi.. in grading detolk fA Grade away from as bukdnps at o minimum slope 61 101 unpaved r.a and minimum dope of 21 20. Clean & MCI be prow for ag changes in line and/or grode far the wmkry sewer service. NOT FOR CONSTRUCTION U J J 0 r? N V ? ? Non d tD n W 00 0 W -0 _Z X4 6 oo a Z m? r W 6U r Z d n U 0 Q a W Q 0 ZIL Q Ir W (Lp3>o FW- OD < NSdw? w00°z -10 z :) TI u) 3: N W n pU LLM aa? 0 Q i w E S ii JOB R 01012 DATE: APRIL 30. 2002 SHEET 4 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD MAY 14, 2002 A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers Mayor Judy Yoder called the meeting to order at 5:30 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt, and Mayor Protem Buz Reynolds present. Rick Cuny was absent. Also present were Town Manager Bill Efting, Assistant Town Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Patty McKenny, Human Resource Director Jacquie Halburnt, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Supervisor Paul Lowe, Transit Director Harry Taylor, Comm. Dev. Director Ruth Borne, as well as members of the press and public. Citizen Input Joyce Mack was present to ask for support in her bid to run for Eagle County Assessor. The primary election is August 13tH Andrew Karrow was present to ask for support in his bid to run the for Board of Directors for Holy Cross Energy. The mail ballots are mailed to Holy Cross members on May 17th with the results being tabulated at the annual meeting on June 7th . Ordinances Town Attorney John Dunn presented Ordinance No. 02-06 for second reading. He noted there were no changes since first reading on the 14th of May. Mayor Yoder opened the public hearing asking for any public comments. No comments being heard, the hearing was closed. Councilor D. Buckley moved to approve Ordinance No. 02-06, Series 2002 on second reading, an Ordinance Amending Title 3 of the Municipal Code of the Town of Avon relating to Tax Credits within the Village (At Avon). Councilor Brown seconded the motion and it passed unanimously by the members present (Cuny absent). Town Attorney John Dunn presented Ordinance No. 02-07, Series 2002 for second reading indicating that no changes had taken place since first reading. Mayor Yoder opened the public hearing asking for any public comments. No comments being heard, the hearing was closed. Councilor Brown moved to approve Ordinance No. 02-07 on second reading, an Ordinance amending Chapter 12 of Title 3 of the Municipal Code of the Town of Avon relating to forms for application for exemptions from the Real Estate Transfer Tax. Councilor D. Buckley seconded the motion and it passed unanimously by the members present (Cuny absent). Town Manager Report Efting reminded the Council of his vacation time during the week of May 28th Town Attorney Report John Dunn informed the Council and general public that his office is closing in Vail and relocating to Avon next week. Mayors Report Mayor Yoder noted that a meeting regarding the Village At Avon took place earlier that day and a model of the project would be in the Town Council Chambers until May 21't. She encouraged the public to come view the project of the two new retailers coming to Avon, i.e. Wa1Mart & Home Depot. A hotline number for the project has been set-up and anyone with questions or comments about the project should call .(970) 748-4994. Other Business Councilor P. Buckley informed the public that a U.S. Postmaster, Frank Schuster from Illinois, has been permanently assigned to the Avon Post Office. He will be meeting with the Postmaster to discuss two items, the deployment of additional collection boxes and home delivery in Avon. Consent Agenda a) Approval of the April 23, 2002 Council Meeting Minutes b) Metcalf Drainage - Change Orders #2 and #3 C) Metcalf Drainage - Change Order #4 d) Avon Recreation Center Refurbishment of the Locker and Changing Room Project, Change Order #2 e) East Avon Access & Circulation Streetscape Improvements, Change Order #1 f) Turner Collie & Braden, Inc., Proposal for Construction Observation, the Village (at Avon), Filing 2 g) Intergovernmental Agreement for Transportation Services between Beaver Creek Metro District and Town of Avon h) Resolution No. 02-23 Series 2002, Approving the Final Plat, A Resubdivision of Lot 75, Block 4, Wildridge, Town of Avon, Eagle County, Colorado i) Resolution No. 02-24 - Series 2002, Approving the Final Plat, A Resubdivision Lot 69, Block 1 Wildridge, Town of Avon, Eagle County, Colorado j) Resolution No. 02-25, Series 2002, A Resolution Accepting All Title And Interest In Lot 38, Block 1, Benchmark At Beaver Creek Subdivision (Barrancas Pud), Town Of Avon, Colorado Regular Council Meeting Page 2 of 3 May 14, 2002 k) Resolution No. 02-26, Series 2002, Amending Exhibit B of the Subdivision Improvements Agreement for the Village (at Avon) Filing 2, Town of Avon, Eagle County, Colorado Mayor Yoder asked for a motion on the Consent Agenda. Councilor P. Buckley moved to approve the Consent Agenda. Councilor Brown seconded the motion. The motion was carried unanimously. (Cuny absent) There being no further business to come before the Council, Councilor D. Buckley moved to adjourn the meeting. Councilor Brown seconded the motion. The meeting adjourned at 6 PM. RESPECTFULLY SUBMITTED: Patty Bierle-McKenny, Town Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Cuny Mac McDevitt Buz Reynolds Judy Yoder Regular Council Meeting May 14, 2002 Page 3 of 3 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norman Wood, Town Engineer Anne Martens, Assistant Town Engineer 9,01, Date: May 21, 2002 Re: Metcalf Gulch Lower Drainage Improvements Change Order Number 5 Summary: Attached Change Order 5 for the Metcalf Gulch Lower Drainage Improvements represents minor changes required to address pipe modifications and restoration of the disturbed areas. The pipe modifications in Change Order Number 5 include grout filling the existing 24" RCP under the railroad bed and deletion of cleaning and extending the existing 24" RCP under the railroad bed. These changes were necessary because the existing 24" RCP was too close to the rail bed and the UPRR flagman prohibited access. Change Order Number 5 also includes additional restoration of disturbed areas. The cost of the Change Order is to decrease the contract amount by $4837.50. The net effect of this Change Order is to decrease the Contract Amount from $ 562,080.76 to $ 557,243.26. Construction Contract Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Change Order No. 5 Approved Project Budget $552,000 Design Easements & Right-of-Way Contract Administration / Testing Administration & Permits Contingency (10%) Total Construction Budget $ 50,000 $ 5,000 $ 25,000 $ 8,000 $ 60,000 $700,000 Project Costs $ 552,000 $ 1,852 $ 1,875 $ 3,200 $ 3,227 ($ 4,837) $ 50,000 $ 5,000 $ 25,000 $ 15,000 $ 47,683 $ 700,000 I:\Engineering\CIP\Stormwater Metcalf-1\4.0 Construction Docs\4.5 Change Orders\CO No 5 Meino.Doc Approval of Change Order 5 to the Site Resources Management, Inc. contract for construction of the Metcalf Gulch Lower Drainage Improvements is recommended, decreasing the Contract amount $ 4,837.50 from $ 562,080.76 to $ 557,243.26. Recommendations: Approve Change Order 5 to the Site Resources Management, Inc. contract for construction of the Metcalf Gulch Lower Drainage Improvements, decreasing the Contract amount $ 4,837.50 from $ 562,080.76 to $ 557,243.26 Town Mana er Comments: o10 I:\Engineering\CIP\Stormwater Metcalf-I\4.0 Construction Docs\4.5 Change Orders\CO No 5 Memo.Doc 2 CHANGE ORDER Order No.: 5 Date: 05-16-02 Agreement Date: _11-27-01 NAME OF PROJECT: Metcalf Gulch Lower Drainage Improvements OWNER: Town of Avon CONTRACTOR: -Site Resource Management Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: Modify the payment Schedule as follows: Replace line item 1.8 on the Payment Schedule with "Grout fill Extg. 24" RCP under Rail Bed, complete in place, Quantity 5, Units C.Y., Unit Price $172.50, Total Cost $862.50". Deduct "Clean out Extg. 24" RCP under Rail Bed (1 L.S., $1400.00)" and delete "item 4.9, New Type 111 24" RCP, "O" Rings, and (2)-45 Degree Elbows (62 L.F. at $125.00/L.F. for a total of $7,750.00)". Add line item 5.7 b. Seed and Mulch (disturbed areas other than channel and temporary access roads), complete in place, Quantity 34,500, Units S.F., Unit Price $0.10, Total Cost $3,450.00. With the latter, seed will be applied at a rate of 35 pounds/acre (instead of 20-25 pounds/acre as specified) at no further cost to the Town of Avon. Justification: The existing 24" RCP was too close to the rail bed and the UPRR flagman prohibited access. Disturbed areas (outside channel and temp. access) were not in Bid Schedule. Change to CONTRACT PRICE: $ -4,837.50 Original CONTRACT PRICE: $ 551,926.82 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 562,080.76 The CONTRACT PRICE due to this CHANGE ORDER will be decreased by $_4,837.50 The new CONTRACT PRICE including this CHANGE ORDER will be $_557,243.26 Change to CONTRACT TIME: The CONTRACT TIME will be (increased)(decreased) by 0 calendar days. The date for completion of all work will be APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor: Accepted and Approved by Owner: 10-11-02 (Date). Federal Agency Approval (where applicable): CO-5 Memo To: Honorable Mayor and Town Council Thru: Bill Elting, Town Manager From:Norm Wood, Town En ' Anne Martens, Engineer I Date: May 23, 2002 Re: Eagle River Recreation Path II - Design Services Revisions and Contract Administration Summary: Peale Land Consultants, Inc. has submitted the attached Proposal for additional design services for plan revisions and contract management for the Eagle River Recreation Path II Project. These services include revising the construction drawings and contract documents resulting from minor modification. These services also include construction management, which was part of the previous scope of services but was revised due to constriction being delayed a year. Peak Land Consultants, Inc. has submitted a proposal for these services for the amount of $10,800.00. This amount is within the 2002 Revised Project Budget and approval of the proposal is recommended. Recommendations: Approve Peak Land Consultants, Inc. Proposal for additional engineering design services and construction management for the Eagle River Recreation Path II Project for the amount of $10,800.00. I:\Engineering\CIP\Eagle River Rec II\2.0 Contract Services\2.2 Design (Eng)\2.2.3 Service Contract\Peak Additional Service Award Menno.doc EXHIBIT A Town of Avon, Pedestrian Path Construction Services Civil Engineering, Structural, and Surveying Fees Peak Civil Engineering, Inc, May 1, 2002 Structural Wall Services - KRM Consultants 1 Design Revisions to Structural Plans 2 Meld Review and Observation Total Structural Design Costs hm 1 3 Design Revisions to Civil Plans and Bid Documents 4 Assist in Bid Process and Review - Peak Civil Engineering Construction Management - Peak Civil Engineering 5 Field Review and Observation 0 Materials Submittal Review 7 Change Order Review 8 Request for Payment Review 9 CertifK ate of Completion Review Total Construction Management Costs Tote! Costs $ 700 $ 1,400 S 100 12 $ 65 s 1,020 8 $ 85L$- s91 36 $ 105 $ 3,760 8 $ as $ 680 8 $ 85 $ 680 16 $ 8s $ 1,360 12 $ 105 $ 1,260 $ 7 780 10,$ PEAK LAND CONSULTANTS, iNC. 970476.8644 - FAX 97047"616 - i000 uONY FaDGE LOOP - VAC CO 81657 PEAK LANE) SURVEYING, INC. / PEAK CIVIL ENGINEERING, INC. 970-726,3232 - Fax 970.7264343 - 78436 US HWY 40. P.O. 8OX 1680 - WMTEA PARK CO 004$2 Exhibit B Town of Avon Pedestrian Path - Scope of Services Description West Beaver Creek Blvd_ to the Confluence Site, Town of Avon Below are specific assumptions, inclusions and exclusions from the services to be provided for the Town of Avon Bike Patlf. The number of each corresponds to the item number on Exhibit A - Town of Avon, Pedestrian Path Construction Services, dated May 1, 2002. 1. Includ= railing revisions and other minor revisions to plans. 2. Includes 3 site visits with written report and 6 hours construction services, provided by KRM Consultants, Inc. 3. Includes minor design revisions and changes to bid documents. 4. Includes pre-bid site walk, review of bids, and recommendations. 5. Includes 3 hours/week of field observation and construction review. Assumes a 12 week construction period. 6. Review and approval of materials submitted by contractor. 7. Review and recommendations for any change orders submitted by contractor. 8. Review and recommendations for payment application- 9. Includes punchlist and Final Certificate of Completion. PEAK LAND CONSULTANTS, INC. 97047641644 -FAX 9704768616 - 1000 UON'S MIDGE LOOP - V A I L C O S 1657 PEAK LAND SURVEYING, INC. / PEAK CIVIL ENG+NFFR?NG. INC. 410-126-3M - FAX 970.7264343 - 79436 US HWY 40. P.O. BOX 1600 - WINTER PARK CO 90482 D1r D r Ks1 V, Da. - KS, r/. C . Rf I SITE I ........_ e. eY t T, o '?.•,;,: ?';? err :' I t ,?r1?00x ;-eY ? 1 .I 1 1 cu, w cu ur. » 1 Sul ?l vl f60Y sa,x V. ca. xc a w00x v. cw.lsc u W I L D R I D G E SUBDIVISION; BLOCKS1 -5 I VICINITY MAP 1" - 500 FT CURRENT ZONING Duplex CURRENT MAXIMUM NUMBER OF DWELUNG UNITS 4 PROPOSED ZONING Single Foi PROPOSED MAXIMUM NUMBER OF DWELLING UNITS 3 BUILDING HEIGHT (tt.) ALLOWED 35 POTENTIAL LAND USE OFF STREET PARKING UNIT 'A' S UNIT 'B' S UNIT 'C 6 GARAGE PARKING AVAILABLE UNIT 'A' I UNIT 'W 2 UNIT 'C 3 SURFACE PARKING AVAILABLE UNIT 'A' 3 UNIT "B' 3 UNIT 'C 3 TOTAL SITE AREA (TSA). sq tt 72,310 EXIS7N6 SITE > 46% SAPE AREA ("CI, ft,) 10,032 % TSA 13.7% BUILDING LOT COVERAGE AREA (sq. ft.) 5,412 % TSA 7.5% SITE LANDSCAPED AREA (sq. ft.) 21,190 % TSA 24.3% PAVED SURFACE AREA (mi. %,) 5,497 % TSA 7.6% SNOW STORAGE AREA (eq ft.) 3,342 % of Powd Areo 60.8% I.' 1 ?.1 Frt f' ,? l?? ;, t wln?r7??? COVER SHEET DANTAS P.U.D. LOTS 10 AND 117 BLOCK 2 WILDRIDOE SUBDIVISION TOWN OF AVON, COLORADO 5y the Town of Avon Planning and Zonln Co:n is i n on s ?L By i w the following conditions: SHEET INDEX COVER SHEET TOPOGRAPHIC SURVEY POSSIBLE PLAT SITE PLAN SHEET 1 SHEET 2 SHEET 3 SHEET 4 DATE Apra 30, 2002 LOT 9 u,a / PROPOSE LOT C 0.67 ACR 2661 WNEAL LW 0 IN * \ \ `\ \ a W4 \ at \ raMt ? , \\ N a? AFAMOM GRAPHIC SCAM T t T 4 !W•M 6 »4 Y? ?a A f???a LOT ,2 NOT FOR CONSTRUCTION 0 0 Z Nm Op Z x< a mo OU u, 0 a d n 0 0 d n 0 n 41 CATEAPIIt 30t 2001 s SET rr??l•'i?'if ?•?rr?i?r?rr rrra?rrra????rr??r r•?pIr?if?' rrra?rr??rr.. Nutt MID OW" EMOOff (RTj ¢ NUM MD MWIA [ "MW Ir" 6 ._, _ .?..._.. _.e._. ?. _. _...._.? - - - - - . _ . _ . - ---- PROPOSED LOT a J* 0.54 ACRES E10S" 2669 O'NEAL SPUR Loy 10 f / .57 AC. / i ?onre PROM" ui n 0 xwm J* k i UPWAR 1/Algt LOT PROPOSED 1![ LOT A 0.45 ACRES / 2677 OVAL SPUR IM AC. Of -. •w?rww?www??wwu?w}?ww??ww??ww rww.twr-'?ww??www?ww??ww? .. - -; ?` tr r+ao s1Laf f w of IOItL MI r `? 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Y w b plain t ryrdw MwA?ttitli wee" w. rptWf .1M It N we% *a attrllt wM emit emttbib oo" d rrahaarr. 1a atYembl{Q allA apllt a k&Md '- to 046M d Wk Mna M1L awaMfl? rs mM *A c@ fq? .aK tMelnr .rM, ??t?^py? w hcw td •bh IAt "Pmw kd6ti trlo a PtttemfY f aM ift ttd, ? rtf?a on Ipafa to p tdt Pemrtetllt OW PIMN IMIr tM tA*d w C. or Aravmd tea. -d pftr to wgMVOL r as dwMM at nt ti. N Afarl gM *Ad P "fr tdod rwg of atlt AhM lw w dial r wMotln t r tM trwrt a wk*w n Lm OWah writ M rp ow bat of of IYAY setae, Ww waw $ raw h Ofala ab' laldh al t tbDemw trap of M 2 tremr 0M tftrrem the emit f!f ? ? M Pe+YM tr IN door h M aw/tr gift fr ft NOT FOR CONSTRUCTION 0 n N m r Npp + N 0 ro 0 a 0 ZZ m0 n Y 0U z a 101 ,<I I lHVAWLl 90. lOOt MEET 4 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager '7"e_- From: Ruth Borne, Director of Community Development Date May 22, 2002 Re: First Reading of Ordinance 02-13, An Ordinance Amending the Wildridge PUD for Lots 47 & 48, Block 1, Wildridge Subdivision Summary The applicants Tom Marcin and Michael Dantas own Lots 47 and 48, Block 1 in the Wildridge Subdivision. They are seeking a PUD amendment in order to create three single family lots instead of two duplex lots, thus removing one development right from these lots that are currently zoned for two units (a duplex) each. The applicant has stated that the proposed single-family lots will be identical to the other single-family lots in Wildridge as they relate to development standards (building height, lot coverage, setbacks). They are also proposing using one access point for all three lots. The Planning and Zoning Commission recommended approval of this PUD Amendment on May 21, 2002 with conditions as attached on Planning and Zoning Resolution 02-07. Accompanying this PUD amendment is an amended final plat, which will create the three single-family lots and identify the new proposed access easement. The plat will be brought to Council concurrently with the second reading of Ordinance 02-13. Additionally, the Planning and Zoning Commission has requested that Council clarify the Town policy on this type of PUD amendment since it appears to be a more frequent request at their meetings. Recommendation Staff recommends that the Town Council pass Ordinance 02-13 on first reading, amending the Wildridge PUD to rezone Lots 47 and 48, Block 1, Wildridge Subdivision, to create three single-family lots (Lots 47A, 47B, and 47C) and removing one existing development right from Lots 47 and 48. Alternatives 1. Approve on First Reading 2. Deny on First Reading Memo to Town Council, May 28, 2002 Page 1 of 2 Ordinance 02-13, Lots 47 and 48, Block 1, Wildridge PUD Amendment Proposed Motion "I move to approve on first reading Ordinance 02-13, approving an amendment to the Wildridge PUD for Lots 47 & 48, Block 1, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. " Town Manager Comments Cam,'' c a/ Attachments: A. Ordinance 02-13 B. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 02-07 D. Minutes from the May 21, 2002 Planning and Zoning Commission Meeting Memo to Town Council, May 28, 2002 Page 2 of 2 Ordinance 02-13, Lots 47 and 48, Block 1, Wildridge PUD Amendment TOWN OF AVON ORDINANCE NO. 02-13 SERIES OF 2002 AN ORDINANCE APPROVING AN AMENDMENT OF THE WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR LOTS 47 AND 48, BLOCK 1, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Tom Marcin and Mike Dantas have applied to amend the Wildridge PUD to rezone Lots 47 and 48, Block 1, Wildridge Subdivision, to create three single-family lots (Lots IOA, IOB, and IOC) and removing one (1) existing development right; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on May 21, 2002, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD amendment; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed PUD amendment to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the day of , 2002, at which time the public was given an opportunity to express their opinions regarding the proposed PUD amendment; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: FACounci1\0rdinances\2002\0rd 02-13 L47,48 131 WR PUD amendment.doc 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. That the amendment of the Wildridge PUD to rezone Lots 47 and 48, Block 1, Wildridge Subdivision is consistent with goals and objectives of the Town's Comprehensive Plan, is compatible with surrounding neighborhood and is consistent with the public interest. 3. That the development standards for Lots 47A, 47B, and 47C, Block 1, Wildridge Subdivision comply with each of the Town of Avon's PUD design criteria and that this proposed development is consistent with the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The amendment to the Wildridge PLTD to rezone Lots 47 and 48, Block 1, Wildridge Subdivision, to create three single-family lots (Lots 47A, 47B, and 47C) and removing one (1) existing development right is hereby approved with one condition: 1. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. F:\Counci1\0rdinances\2002\0rd 02-13 L47,48 BI WR PUD amendment.doc INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of , 2002, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of, 2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of 92002. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney F:\Counci1\0rdinances\2002\0rd 02-13 L47,48 B1 WR PUD amendment.doc TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 02-07 SERIES OF 2002 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF A PUD AMENDMENT TO THE WILDRIDGE PUD FOR LOTS 47 AND 48, BLOCK 1, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Tom Marcin and Mike Dantas have applied for an amendment to the Wildridge PUD to create three single family lots on Lots 47 and 48, Block 1, Wildridge, removing one existing development right on the lots and changing the designation from duplex to single family; and WHEREAS, after notices required by law, a public hearing on said application was held by the Planning & Zoning Commission of the Town of Avon; and WHEREAS, said application is consistent with all legal requirements. NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby recommends to the Town Council of the Town of Avon approval of the application for PUD amendment for Lots 47 and 48, Block 1, Wildridge PUD, Town of Avon, Eagle County, Colorado from duplex zoning for four (4) units on Lots 47 and 48 to three (3) single-family lots on Lots 47A, 47B, and 47C, eliminating one (1) development right from Lots 47 and 48 with the following conditions: 1/ Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. ADOPTED THIS 21st DAY OF MAY, 2002 Signed: Chris Evans, C an Date: ?-(z (LI Z Date: !5-• Z/ - C) 0 Secretary Staff Report ??7 PUD Amendment Avo N C O L O R A D O May 21, 2002 Planning & Zoning Commission meeting Report date May 16, 2002 Project type PUD Amendment Legal description Lots 47 & 48, Block 1, Wildridge Subdivision Current zoning Both lots zoned for duplex Address 2420 & 2430 Saddle Ridge Loop Introduction The applicants, Tom Marcin and Michael Dantas, are requesting an amendment to the Wildridge PUD zoning of `duplex' for these two existing lots to three lots zoned for `single-family', resulting in a formal reduction of one dwelling unit to the PUD zoning. Accompanying this PUD amendment request is a subdivision plat, which will formally acknowledge the amendment and vacate the existing lot line to create three new single-family lots and the required access easement. Lot 48 received a final design approval in September 2001 for the construction of a duplex. The access to the duplex in the approved design plans is now being proposed to serve the three new single-family homes. Attached to this report is a letter outlining the development guide and the merits of the proposal from the applicants. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following design criteria, or demonstrate that one or more of them is not applicable, or that a particular development solution is consistent with the public interest. 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. Policy A1.3 of the Comprehensive Plan encourages the use of PUDs where it will provide a benefit to the community and is compatible with surrounding development. Though most of the lots in the immediate vicinity are zoned for multifamily and duplex, single family homes with and without lock off units have been constructed in the area. Additionally, the elimination of an additional driveway along Saddle Ridge Loop to access Lot 47 appears to be a benefit to the Town. Conversely, the Comprehensive Plan also calls for the inclusion of affordable housing within the community (Policy C2.2) and it could be argued that each of the single family homes should have an approved `lock-off unit included, not to be sold separately and restricted in Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 47& 48, Block 1, Wildridge oubdivision, PUD Amendment May 21, 2002 Planning & Zoning Commission meeting Page 2 of 4 size. This would effectively increase the density of this proposal over what currently exists and what is being proposed. Staff can support either option. 2. Conformity and compliance with the overall design theme of the Town, the sub-area design recommendations and design guidelines of the Town. The application complies with the general design theme of the Town and will require final design approval for each single-family home from the Town. 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. The project should comply with the design compatibility of the immediate environment. The immediate lots surrounding these properties are a combination of single family and duplex homes. Each lot is required to apply for final design approval. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The uses and density proposed are compatible with surrounding uses and activity. Changing the use of the property from duplex to single family should be compatible with surrounding uses, and the use of one access for all three lots is an efficient solution. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. No further disturbances or mitigation measures are proposed or required with this amendment. 6. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. This application may provide a higher aesthetic quality since it will eliminate one development right from Lots 47 and 48, however, it will add one separate structure. The proposed PUD has only one curb cut for three properties, which appears to be an efficient solution for access. Project design will require a separate approval from the Town. 7. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. Circulation is not an issue with this amendment. Traffic and access issues are minimized through the use of one access point for all three lots. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Final site and architectural design will require separate approvals from the Town. 9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 47& 48, Block 1, Wildridge oubdivision, PUD Amendment May 21, 2002 Planning & Zoning Commission meeting Page 3 of 4 The applicant is proposing that the driveway and utility extensions will be constructed as phase one of the PUD, with the development of the residences being individually done. The Final Plat accompanying this application will create an access easement for Lots B and C through Lot A. The extensive use of retaining walls is anticipated to create an access drive for these lots, regardless of whether or not duplexes or single family homes are constructed. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. Public services are adequate. 11. That the existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. This application will not generate additional traffic and should reduce potential traffic and an additional road cut through the elimination one development right for the lot and the use of one access drive for all three homes. 12. Development Standards Setbacks: Front: 25 feet from Saddle Ridge Loop. Rear: 10 feet. Side: 10 feet. Height: 35 foot maximum. Density: 1 single-family home per lot, for a total of 3 homes. Site Coverage: 50% maximum. Landscaping: 25% minimum. Staff Comments Staff believes that the reduction of one unit in density and the change from duplex homes to single family homes will generally conform to the construction of single-family homes in the immediate vicinity. There will be one more independent structure on site, but the massing of each structure will likely be smaller than two duplexes because of the new lot constraints. Additionally, the use of one access drive for all three homes appears to be an efficient solution considering the grades encountered from Saddleridge Loop. Staff would consider recommending further restrictions on building sizes and specific building envelopes if the applicant was asking for different development standards (such as setbacks, building height), but since none are being applied for, staff sees no compelling reason to impose such restrictions on each lot as proposed. Staff Recommendation I move to approve Resolution 02-07 recommending to the Town Council approval of the application for an amendment to Lot 47 and 48, Block 1, Wildridge PUD, Town of Avon, Eagle County, Colorado from duplex zoning for four (4) units on Lots 47 and 48 to three (3) single- family lots on Lots 47A, 47B, and 47C, eliminating one (1) development right from Lots 47 and 48 with the following conditions: Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 47& 48, Block 1, Wildridge oubdivision, PUD Amendment May 21, 2002 Planning & Zoning Commission meeting Page 4 of 4 Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. Recommended Motion Approve Resolution 02-07, recommending to the Town Council to approve the PUD Amendment for Lots 47 and 48, Block 1, Wildridge PUD, Town of Avon, Eagle County, Colorado from duplex zoning for four (4) units on Lots 47 and 48 to three (3) single-family lots on Lots 47A, 47B, and 47C, eliminating one (1) development right from Lots 47 and 48 with the following conditions: 1. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. If you have any questions regarding this project or any planning matter, please call me at 748- 4002, or stop by the Community Development Department. Respectfully submitted Tambi Katieb, AICP Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 VICINITY MAP EXET. RETANtNG U'-'-L E DRIVE FOR A;'L-'GENT FROPEF LOT 40 = 500' EX15T. PROP. 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