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TC Council Packet 06-11-2002Town Council Meetings Roll Call Check Sheet Date: L? ? ?? I - Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes 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 Staff Present: ? ? Bill Efting Jeff Layman ? Larry Brooks ? Norm Wood ? John Dunn Meryl Jacobs ? Patty McKenny Bob Reed v- Jacquie Halburnt Harry Taylor J Scott Wright Ruth Borne Other Staff I:\Town Clerk\Council\Packets\Council Meeting Check List.doc To: Honorable Mayor and Town Council From: Bill Efting, Town Manager "5/1 Date: June 5, 2002 Re: Manager's Update Attached is your last look at our Visitor Information Map produced by Sign On. Please review and notify Jacquie Halburnt of any final suggestions. 2. With the appointment of Brian Sipes to the Town Council it creates a vacancy on the Planning and Zoning Commission. When we interviewed last month we had an individual which was a very close second in the selection process, you have the ability to appoint that individual. You also have the ability to start the selection process from the beginning. 3. Staff is being questioned daily concerning the 4"' of July Fireworks. At this time we are still plamling on this event. As we get closer to the 4th and monitor what the Governor is planning concerning fireworks we will keep you posted. 4. Remember that the Community Picnic will take place Tuesday, July 16th at Nottingham Park. 5. Ok, here is a new one. A time capsule was planted 20 years ago at the Benchmark Building (Boat Building) and is scheduled to be open on Thursday, August 8th. We will be planning a celebration that day at approximately 4:00 . O • • • a Cl) O 'LAJ Z ^ ? N p !^H= C14 •' ? t^V M 0. C2. O C4 -3 d `o d N W u .? C L. } -a c ter" a CL ?, =a?08 2.. Co Im 44 aN. n 0 i v? d Y. >• m? G a s= a d a.-0 r- od L L cc :6 e O ate a i v n .: aia d s ae 3 Lo ? ? - i o N 0 E "' r CL >• o -w L o a o °? a? = ? E a -> m - (D 0 _ °? assn a? 0== r > .... ao O L a rn == C O N N N O` m V:3 Vaf d ? 4p Elm » s 14-ft a ^ ? o. er QO ?A ?f f O ? CO I? N M M et ? M M O M ? a r E a- .a a L y ..a a' v off ? raL- >• L d ?. D N H C y V N _ L V a 1 V L N W V_ V Z' 0• 40 d> 'a 41 N rs- L vi =. M N H a d •N c c 'a W '? C a' 7 rn -a d r a O z se •D •a > a= z_ c .a 3 do as s c o o r- 13 4, 0 0 o Z o 41 a a C a ?'0•0 o o a a o> WLL0tDtD 045x=.,Y.-a j 3E:E:E:*:* zzo C14 C%4 V/ N L W o Q L d H ai E STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD JUNE 11, 2002, AT 4:00 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 4:15 PM - 4:30 PM 1) A.J. Johnson, Eagle County Sheriff, Crime Task Force Grant (Jeff Layman) 4:30 PM - 5:00 PM 3) Budget Discussion (Elting/Wright) 5:00 PM - 5:15 PM 4) Nottingham Road Traffic (Norm Wood) 5:15 PM - 5:30 PM 6) Staff Updates Consent Agenda Questions Council Committee Updates AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS OPEN TO THE PUBLIC TOWN OF AVON, COLORADO BY: P"' C " Jerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JUNE 7, 2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY 1ATown Clerk\Council\Agendas & Worksessions\Agenda-Worksession.doc Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager - - From: Scott Wright, Finance Director Date: June 6, 2002 Re: Worksession Discussion Summary: On Tuesday, staff will present to Council recommendations for offsetting the projected decrease in sales tax revenues and reducing the amount of deficit spending for the 2002 fiscal year. In addition, staff will present a proposed calendar for the 2003 budget preparation process, discuss sales tax migration issues related to the Village, and review more detailed information previously discussed regarding fare boxes for Town buses and ideas for dedicated revenue sources for transit. Finally, staff would like to review with Council the contractual provisions governing the Town's performance of municipal services for the Village and the process for charging the Village for those services provided. Town Manager Comments: I St; 11 wo v kk .1,3 O 'l 1 _l ? "S , w. 1I 1 Page 1 TOWN OF AVON REGULAR COUNCIL MEETING AGENDA June 11, 2002 - 5:30 PM 1. Call to Order / Roll Call 2. Swear-In New Council Member Brian Sipes 3. Citizen Input 4. Ordinances a) Second 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) Second Reading Of Ordinance No. 02-11, Series 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. (Tambi Katieb) C) Second Reading Of Ordinance No. 02-12, Series 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. (Tambi Katieb) d) Second Reading Of Ordinance No. 02-13, Series 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. (Tambi Katieb) 5. Resolutions 6. Unfinished Business 7. New Business 8. Town Manager Report IATown Clerk\CounciAAgendas & Worksessions\Agenda-Reg lar Meetingdoc 9. Town Attorney Report 10. Mayor Report 11. Other Business 12. Consent Agenda a) Approval of the May 28, 2002 Council Meeting Minutes b) Salute Band Contract between Rock Your World and Town of Avon, 2002 C) Salute Band Contract between Hazel Miller and Town of Avon, 2002 d) Salute Band Contract between Little Blue and Town of Avon, 2002 e) East Avon, Change Order #2 and #3 f) East Avon, Change Order #4 g) East Avon, Change Order #5 h) The Village (atAvon Filing 2) - Escrow Agreement Buffalo Ridge I&II i) Turner Collie & Braden, Inc. Construction Observation Proposal - the Village (at Avon) Filing 1 j) Eagle River Recreation Path II - Award Construction Contract k) Field Service Terrason - East Avon Street Improvement 1) Resolution No. 02-29, Series 2002 - A Resolution approving the Final Plat, a Resubdivision of Lot 42 and Lot 43, Block 4, Wildridge Subdivision, Town Of Avon, Eagle County, Colorado. m) Resolution No. 02-30, Series 2002 - A Resolution approving the Final Plat, a Resubdivision of Lot 10 and Lot 11, Block 2, Wildridge Subdivision, Town Of Avon, Eagle County, Colorado. n) Resolution No. 02-31, Series 2002 - A Resolution approving the Final Plat, a Resubdivision of Lot 47 and Lot 48, Block 1, Wildridge Subdivision, Town Of Avon, Eagle County, Colorado. o) Resolution No. 02-32, Series 2002, a Resolution amending the Master Deed Restriction Agreement for Lot C PUD ("Mountain Vista Resort "), Avon Center at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado 13. Adjournment IATown Clerk\Council\Agendas & Worksessions\Agenda-Regiilar Meeting doc STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 11TH DAY OF JUNE 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-08, SERIES OF 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. A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 7th day of June, 2002. TOWN OF AVON, COLORADO BY: 2a (c Patt M Kenny Town -Clerk (::? POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JUNE 7, 2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY 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. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Section 1.08.010 of Chapter 1.08, Title 1 of the Municipal Code of the Town of Avon is amended to provide as follows: 1.08.010 Designated. With the exception of traffic offenses and the possession of cannabis under Section 9.16.080, whenever in any section of this code or any section of a rule or regulation promulgated hereunder the doing of any act is required, prohibited or declared to be unlawful, any person who shall be convicted of, or plead guilty or no contest to a violation of any such section shall, for each offense, be fined in a sum not more than one thousand dollars or imprisoned not to exceed one year, or both such fine and imprisonment. Each day an offense continues shall constitute a separate offense. Section 2. Section 2.08.040 of Chapter 2.08, Title 1 of the Municipal Code of the Town of Avon is amended to provide as follows: 2.08.040 Jurisdiction, powers and procedures. The municipal court shall have original jurisdiction of all cases arising under the municipal code and other ordinances of the town with the authority to punish violators thereof by the imposition of fines and penalties not to exceed one thousand dollars and one year imprisonment as stated in the municipal code section or ordinance involved, together with court costs in the amount of fifteen dollars. The procedures of the court shall be in accordance with the Municipal Court Rules of Procedure as promulgated by the Colorado Supreme Court. Section 3. Section 8.24.160 of Chapter 8.24, Title 8 of the Municipal Code of the Town of Avon is amended to provide as follows: 8.24.160 Violation-Penalty. Any person convicted of violating any of the provisions of this chapter shall be punished by a fine of not more than one thousand dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment; provided, that each separate act in violation of the provisions of this chapter, or each and every day or portion thereof during which any separate act in violation of this chapter is committed, continued, or permitted, shall be deemed a separate offense. Section 4. Subsection B of Section 10.04.040 of Chapter 10.04, Title 10 of the Municipal Code of the Town of Avon is amended to provide as follows: B. Every person convicted of a violation of any provision adopted in this chapter shall be punished by a fine not exceeding one thousand dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment. Section 5. Section 15.08.310 of Chapter 15.08, Title 15 of the Municipal Code of the Town of Avon is amended to provide as follows: 15.08.310 Penalty. Any person, firm or corporation violating any of the provisions of this chapter or of the provisions of the Uniform Building Code, Volumes 1, 2, and 3 named in the title of this chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this chapter is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars or imprisonment for one year, or by both such fine and imprisonment. Section 6. Section 15.20.120 of Chapter 15.20, Title 15 of the Municipal Code of the Town of Avon is amended to provide as follows: 15.20.120 Penalty. Any person, firm or corporation violating any of the provisions of this chapter or of the provisions of the Uniform Plumbing Code named in the title of this chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this chapter is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars or imprisonment for one year, or by both such fine and imprisonment. Section 7. Section 15.24.120 of Chapter 15.24, Title 15 of the Municipal Code of the Town of Avon is amended to provide as follows: 15.24.120 Penalty. Any person, firm or corporation violating any of the provisions of this chapter or of the provisions of the Uniform Mechanical Code named in the title of this chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this chapter is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars or imprisonment for one year, or by both such fine and imprisonment. Section 8. Section 15.28.110 of Chapter 15.28, Title 15 of the Municipal Code of the Town of Avon is amended to provide as follows: 15.28.110 Penalty. Any person, firm or corporation violating any of the provisions of this chapter or of the provisions of this code shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this chapter is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars or imprisonment for one year, or by both such fine and imprisonment. Section 9. Subsection B of Section 17.12.070 of Chapter 17.12, Title 17 of the Municipal Code of the Town of Avon is amended to provide as follows: B. Any person or corporation, whether as principal, agent or employee, who violates any provision of this zoning code shall be, for each offense, punished by a fine of not exceeding one thousand dollars or imprisonment for a period of not more than one year, or by both such fine and imprisonment. Each day any violation of this zoning code continues will constitute a separate offense. Section 10. Chapter 15.08, Title 15 of the Municipal Code of the Town of Avon is amended by the addition of a Section 15.08.027 providing as follows: 15.08.027 Section 104.2 Powers and Duties of Building Official. Section 104.2.1 and Section 104.2.3 through Section 104.2.5 are amended to provide as follows: 104.2.1 General. The building official is hereby authorized and directed to enforce all the provisions of this code and of other provisions of the Avon Municipal Code. For such purposes, the building official shall have the powers of a law enforcement officer. 104.2.3 Right of Entry. When it is necessary to make an inspection to enforce the provisions of this code, and of other provisions of the Avon Municipal Code, or when the building official has reasonable cause to believe that there exists in a building or upon a premises a condition that is contrary to or in violation of this code, and of other provisions of the Avon Municipal code, that makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code, and of other provisions of the Avon Municipal Code, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. 104.2.4 Stop orders. Whenever any work is being done contrary to the provisions of this code, or of other provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented through the enforcement of this code, the building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed with the work. 104.2.5 Occupancy violations. Whenever any building or structure or equipment therein regulated by this code or by other provisions of the Avon Municipal Code is being used contrary to the provisions of this code, or of other provisions of the Avon Municipal Code, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code. Section 11. Chapter 2.08, Title 8 of the Avon Municipal Code is amended by the addition of a Section 2.08.110, providing as follows: 2.08.110 Schedule of Fines. The municipal court is authorized to establish a schedule of fines to be imposed for the following violations: 8.24.040 Keeping junk. 8.24.042 Parking and driving in designated areas. 8.24.045 Weeds. 8.24.065 Driveways must be paved. 8.24.050 Depositing waste material. 8.24.065 Driveways must be paved. 8.24.070 Spilling loads on highways prohibited. 8.24.085 Limitation of construction activity. 8.24. 100 Ice and snow overhangs and accumulations. 8.24.110 Ice and snow on sidewalk, public passageway or parking area. 10.04.040 Violations-Penalties. 15.08.025 Cleanup during construction. 15.08.300 Violations. 15.12.060 Violations. 15.20.110 Violation. 15.24.110 Violation. 17.12.030 Permit requirement. 17.12.07013 Violations-Penalties and Remedies. Section 12. Chapter 17.40, Title 17 of the Avon Municipal Code is repealed. Section 13. It is unlawful for any person to violate any of the provisions of this Ordinance. Every person convicted of a violation of any of the provisions of this Ordinance shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year or by both such fine and imprisonment. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 28th day of May, 2002, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 11th day of June, 2002, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. ayor ATTEST: pw? Town ler c INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 11th day of June, 2002. Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager r From: Tambi Katieb, Community Development Date June 5, 2002 Re: Second Reading of Ordinance 02-11, An Ordinance Amending the Wildridge PUD for Lots 42 & 43, Block 4, Wildridge Subdivision (Public Hearing) Summary The applicant, TS Properties Inc., own 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. Council approved the first reading of this ordinance on May 28, 2002. Recommendation Staff recommends that the Town Council pass Ordinance 02-11 on second 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 Second Reading 2. Deny on Second Reading Proposed Motion "I move to approve on second 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. " Memo to Town Council, June 11, 2002 Page 1 of 2 Ordinance 02-11, Lots 42 and 44, Block 4, Wildridge PUD Amendment (Public Hearing) Town Manager Comments 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, June 11, 2002 Page 2 of 2 Ordinance 02-11, Lots 42 and 44, Block 4, Wildridge PUD Amendment (Public Hearing) Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager ?? From: Tambi Katieb, Community Development Date June 5, 2002 Re: Second Reading of Ordinance 02-11, An Ordinance Amending the Wildridge PUD for Lots 42 & 43, Block 4, Wildridge Subdivision (Public Hearing) Summary The applicant, TS Properties Inc., own 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. Council approved the first reading of this ordinance on May 28, 2002. Recommendation Staff recommends that the Town Council pass Ordinance 02-11 on second 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 Second Reading 2. Deny on Second Reading Proposed Motion "I move to approve on second 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. " Memo to Town Council, June 11, 2002 Page 1 of 2 Ordinance 02-11, Lots 42 and 44, Block 4, Wildridge PUD Amendment (Public Hearing) Town Manager Comments 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, June 11, 2002 Page 2 of 2 Ordinance 02-11, Lots 42 and 44, Block 4, Wildridge PUD Amendment (Public Hearing) STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 1ITH DAY OF JUNE 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF 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 A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 7th day of June, 2002. TOWN OF AVON, COLORADO C;. Ko? - 11 BY: 1 c- Patty Mc envy Town erk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JUNE 7, 2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY 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 10'= day of J v4u- , 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: IATown Clerk\Council\Ordinances\Misc\Ord 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. L\Town Clerk\Council\Ordinances\Misc\Ord 02-11 L42,43 B4 WR PUD amendment.doc INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this a tC day of rfl" , 2002, and a public hearing shall be held at the regular meeting of the Town Coun ' f the Town of Avon, Colorado, on the 1 II* day of, J WV-- , 2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado . Town Council rl M or ATTEST:ti c id To Cl rk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2002. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney IATown Clerk\Council\Ordinances\Misc\Ord 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 C? 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: 3 2 1/0 Z. Chris E C At t: Date: ,7 71 CTZ, Brian es, Secretary Staff Report ,_ p PUD Amendment AVU 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 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 nuts 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 subdivision, 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. PO Bcb( 965 9705693792 Vllc?saom April 25, 2002 Mr. Tambi Katieb Planner Town of Avon PO Box 975 Avon CO 81620 Dear Mr. Katieb: Ed&ads 00 81632 9706693791 fax - wdrqa?rai_net 01 moo O 'Pa 01? 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 -- -- J??i/v:? - ----------- lb Clyl-? Sc 01? CR?SGIO?-Q r G16 TUID ID LO A J w Rc) (Ut 41 -B lock, 4 94^a 7111to- ant aat:? FROM : JON AND BOBBI SCHWARTZ PHONE NO. : 7243357619 May. 20 2002 10:21AM 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 propo al ours 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. All we can ask is that the Town of Avon consider whether facilitating developers' ability to maximize profit at the expense of Avon's existing neighborhoods is in the best interests of the town and the communi . 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. Dvid tfully, nd Sa rah Hymes RECEIVED 5100 Longsun Lane, Wildridge I?,, ?, 12002 Community Development Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Tambi Katieb, Community Developmen Date June 5, 2002 Re: Second Reading of Ordinance 02-12, An Ordinance Amending the Wildridge PUD for Lots 10 & 11, Block 2, Wildridge Subdivision (Public Hearing) 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. Council approved the first reading of this ordinance on May 28, 2002. Recommendation Staff recommends that the Town Council amending the Wildridge PUD to rezone Lots create three single-family lots (Lots 10A, development right from Lots 10 and 11. pass Ordinance 02-12 on second reading, 10 and 11, Block 2, Wildridge Subdivision, to 10B, and 10C) and removing one existing Alternatives 1. Approve on Second Reading 2. Deny on Second Reading Proposed Motion "I move to approve on second 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. " Memo to Town Council, June 11, 2002 Page 1 of 2 Ordinance 02-12, Lots 10 and 11, Block 2, Wildridge PUD Amendment (Public Hearing) Town Manager Comments 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, June 11, 2002 Page 2 of 2 Ordinance 02-12, Lots 10 and 11, Block 2, Wildridge PUD Amendment (Public Hearing) Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager 15 From: Tambi Katieb, Community Developmen Date June 5, 2002 Re: Second Reading of Ordinance 02-12, An Ordinance Amending the Wildridge PUD for Lots 10 & 11, Block 2, Wildridge Subdivision (Public Hearing) 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. Council approved the first reading of this ordinance on May 28, 2002. Recommendation Staff recommends that the Town Council amending the Wildridge PUD to rezone Lots create three single-family lots (Lots 10A, development right from Lots 10 and 11. pass Ordinance 02-12 on second reading, 10 and 11, Block 2, Wildridge Subdivision, to 10B, and 10C) and removing one existing Alternatives 1. Approve on Second Reading 2. Deny on Second Reading Proposed Motion " I move to approve on second 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. " Memo to Town Council, June 11, 2002 Page 1 of 2 Ordinance 02-12, Lots 10 and 11, Block 2, Wildridge PUD Amendment (Public Hearing) Town Manager Comments 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, June 11, 2002 Page 2 of 2 Ordinance 02-12, Lots 10 and 11, Block 2, Wildridge PUD Amendment (Public Hearing) STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 11TH DAY OF JUNE 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF 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 A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 7th day of June, u, ???.tJJ t? TOWN OF AVON, COLORADO BY: 00i c a M Mnn To erk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JUNE 7, 2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY 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 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 ?u k.Q- , 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: IATown Clerk\Council\Ordinances\Misc\Ord 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 IOA, I OB, and IOC) 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. IATown Clerk\Council\Ordinances\Misc\Ord 02-12 L10,11 B2 WR PUD amendment.doc INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this ) 0? day of , 2002, and a public hearing shall be held at the regular meeting of the Town Counci f the Town of Avon, Colorado, on the 1day of, 2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. OF A;lg sA ATTEST: Cza: -1 e --!' wn C erk Town of Avon, Colorado Town Council c_. Ma r INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of 72002. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney IATown Clerk\Council\Ordinances\Misc\Ord 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 IOA, 1OB, and IOC, eliminating one (1) development right from Lots 10 and 11 with the following conditions: I/ 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: CS (?O Z Date: 5 ^ 2l . c?Z 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'Ull 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, Wildridgo ?UD 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 1OC, 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: 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. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lots 10 & 11, Block 2, WildridgC 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 IOA, IOB, and IOC, 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 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Tambi Katieb, Community Developmen Date June 5, 2002 Re: Second Reading of Ordinance 02-13, An Ordinance Amending the Wildridge PUD for Lots 47 & 48, Block 1, Wildridge Subdivision (Public Hearing) 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. Council approved the first reading of this ordinance on May 28, 2002. Recommendation Staff recommends that the Town Council pass Ordinance 02-13 on second 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 Second Reading 2. Deny on Second Reading Proposed Motion "I move to approve on second 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. " Memo to Town Council, June 11, 2002 Page 1 of 2 Ordinance 02-13, Lots 47 and 48, Block 1, Wildridge PUD Amendment (Public Hearing) Town Manager Comments '?c f C'7 e `V*' 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, June 11, 2002 Page 2 of 2 Ordinance 02-13, Lots 47 and 48, Block 1, Wildridge PUD Amendment (Public Hearing) Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager UK? From: Tambi Katieb, Community Developmen Date June 5, 2002 Re: Second Reading of Ordinance 02-13, An Ordinance Amending the Wildridge PUD for Lots 47 & 48, Block 1, Wildridge Subdivision (Public Hearing) 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. Council approved the first reading of this ordinance on May 28, 2002. Recommendation Staff recommends that the Town Council pass Ordinance 02-13 on second 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 Second Reading 2. Deny on Second Reading Proposed Motion "I move to approve on second 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. " Memo to Town Council, June 11, 2002 Page 1 of 2 Ordinance 02-13, Lots 47 and 48, Block 1, Wildridge PUD Amendment (Public Hearing) Town Manager Comments ')? C C.,7 C `v' 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, June 11, 2002 Page 2 of 2 Ordinance 02-13, Lots 47 and 48, Block 1, Wildridge PUD Amendment (Public Hearing) STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 11TH DAY OF JUNE 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF 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 A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 7th day of June, 20.02,, _......,_ "' F e•a TOWN OF AVON, COLORADO BY: a4?? P tty c envy Town C erk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JUNE 7, 2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY 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 1OA, l OB, 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 1?= day of ?wAj,__ , 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: IATown Clerk\Council\Ordinances\Misc\Ord 02-13 L47,48 B 1 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 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 (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. IATown Clerk\Council\Ordinances\Misc\Ord 02-13 L47,48 B1 WR PUD amendment.doc INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this At? day of , 2002, and a public hearing shall be held at the regular meeting of the Town Counci of the Town of Avon, Colorado, on the 1 k day of, 2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. ATTEST tt To Cl rk Town of Avon, Colorado Town Council Ma r INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of 2002. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney I:\Town Clerk\Council\Ordinances\Misc\Ord 02-13 IA7,48 B 1 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 489 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 • W HEREAS' 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. 0 ADOPTED THIS 21st DAY OF MAY, 2002 Signed: Chris Evans, C an Date: Date: 5'• mil' e2- Sipes, Secretary 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 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 subdivision, 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 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD MAY 28, 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, Rick Cuny, Debbie Buckley, Peter Buckley, Mac McDevitt, and Mayor Protein Buz Reynolds present. Also present were 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 Director Bob Reed, Transit Director Harry Taylor, Comm. Dev. Director Ruth Borne, as well as members of the press and public. Town Manager Bill Efting was absent. Citizen Input Gerry Sandberg was present to inform the Council of his Democratic candidacy for Eagle County Commissioner. He spent a few minutes sharing his background experience and answering questions. Resolutions Community Development Director Ruth Borne presented Resolutions No. 02-21 and 02-22, Series 2002. She noted that petitions for annexations have been submitted for portions of land known as the Post Boulevard Public Right of Way (02-21) and Lot 6, McGrady Acres (02-22). The purpose of the Resolutions are to determine that the petitions are in substantial compliance with the requirements of the Colorado Statutes and to set public hearings to determine if the proposed annexation complies with requirements for annexation. Councilor Reynolds moved to approve Ordinance No. 02-21, Series 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. Councilor McDevitt seconded the motion and it passed unanimously. Councilor Reynolds moved to approve Ordinance No. 02-22, Series 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. Councilor McDevitt seconded the motion and it passed unanimously. Ordinances Community Development Director Ruth Borne presented Ordinance No. 02-08 for first reading. She noted that the Ordinance was drafted as a result of discussions surrounding the compliance deposits. The primary purpose of the Ordinance was to provide more authority to the Building Officials with regard to enforcement. Councilor D. Buckely moved to approve Ordinance No. 02-08, Series 2002 on first reading, 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. Councilor Brown seconded the motion and it passed with a five to one vote in favor of the motion (P. Buckley - nay). Community Development Director Ruth Borne presented both Ordinance No. 02-09 and Ordinance No. 02-10, Series 2002 for first reading. Both Ordinances address the annexation of property into the Town of Avon in order to accommodate the road and infrastructure improvements for the Village Avon. Mayor Yoder informed the audience that a public hearing on both Ordinances is scheduled for Tuesday, July 9, 2002. Councilor Brown moved to approve Ordinance No. 02-09, Series 2002 on first reading, an Ordinance concerning the annexation to the Town of Avon, Colorado, of certain property as described in the Post Boulevard Right of Way Petition for Annexation. Councilor D. Buckley seconded the motion and it passed unanimously. Councilor D. Buckley moved to approve Ordinance No. 02-10, Series 2002 on first reading, an Ordinance concerning the annexation to the Town of Avon, Colorado, of certain property as described as Lot 6, McGrady Acres Petition for Annexation. Councilor Brown seconded the motion and it passed unanimously. Community Development Director Ruth Borne presented Ordinance No. 02-11, Series 2002 on first reading. She noted that the applicant TS Properties, Inc. owns Lots 42 and 43, Block 4 in Wildridge and are seeking a PUD amendment in order to create 3 duplex lots instead of two four duplex lots thus removing two development rights from these lots that are currently zoned for 4 units each. It was noted a public hearing would be set for June 11, 2002 on second reading. Councilor D. Buckley moved to approve Ordinance No. 02-11, Series 2002 on first reading, 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. Councilor Brown seconded the motion and it passed unanimously. Community Development Director Ruth Borne presented Ordinance No. 02-12, Series 2002 on first reading. She noted that the applicant Michael Dantas owns Lots 10 and 11, Block 2 in Wildridge and is seeking a PUD amendment in order to create 3 single family lots instead of two duplex lots thus removing one development right from these lots that are currently zoned for 2 units each. It was noted a public hearing would be set for June 11, 2002 on second reading. Regular Council Meeting Page 2 of 5 May 28, 2002 Councilor McDevitt moved to approve Ordinance No. 02-12, Series 2002 on first reading, 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. Councilor Brown seconded the motion and it passed unanimously. Community Development Director Ruth Borne presented Ordinance No. 02-13, Series 2002 on first reading. She noted that the applicants Tom Darcin and Michael Dantas own Lots 47 and 48, Block 1 in Wildridge and are seeking a PUD amendment in order to create 3 single family lots instead of two duplex lots thus removing one development right from these lots that are currently zoned for 2 units each. It was noted a public hearing would be set for June 11, 2002 on second reading. Councilor D. Buckely moved to approve Ordinance No. 02-13, Series 2002 on first reading, 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. Councilor McDevitt seconded the motion and it passed unanimously by the members present. Unfinished Business Councilor McDevitt briefed the Council on his role in conversations with the Eagle River Water & Sanitation District in the past months regarding the odor problems in the Town. He proposed drafting and implementing an Intergovernmental Agreement between the two agencies to try and create a more efficient enforcement process than what is included in the current Odor Ordinance. He proposed a "good faith" moratorium be placed on the ordinance and saw the action as a way to reward the positive efforts of the Sanitation District. Several Council members were in agreement that this action would be a reward for "good behavior". Councilor McDevitt moved to put a moratorium on enforcement of an Ordinance in Chapter 8.31 of Municipal Code for a period of 2 months to pursue an Intergovernmental Agreement with the quid pro quo that the Sanitation District not pursue the constitutionality issue of the Town's current Odor Ordinance for that same time period so that we can work this out. Councilor D. Buckley seconded the motion and it passed unanimously. New Business Mayor Yoder thanked the six candidates participating in the interview process that afternoon. The people applied to fill the Council seat vacated by Rick Cuny. She reminded the public that the appointment would run until the November election at which time that seat and 3 others would be open. Councilor D. Buckley moved to appoint Brian Sipes as new Council member. Councilor Brown seconded the motion and it carried by a majority vote. Brian Sipes will be sworn in at the next Council meeting on 6/11/02. Regular Council Meeting Page 3 of 5 May 28, 2002 Town Manager Report Assistant Town Manager Larry Brooks informed the Council and public that a meeting was held jointly between the Town and the Catellus Group (Village at Avon) to address the airborne dust situation occurring due to construction. An alarm system will be implemented to alert both parties when the levels exceed 25% of the average of the national standard. Weekly reports would be reviewed by both parties to track the problem and its severity. He encouraged anyone with questions to contact either the Town or the Catellus Group at 748-4994. Mayor Report Mayor Yoder took a moment to thank Councilor Rick Cuny for his public service as Council member with the Town of Avon. Other Business Councilor P. Buckley welcomed the new Avon Postmaster to Town who was sitting in the audience. His name is Frank Schuster and he moved from Illinois to Colorado, currently residing in Gypsum. The Council welcomed him. Councilor Rick Cuny took a few minutes to say farewell to the general public, thanking the staff, Town Manager Bill Efting and Council members. Consent Agenda a) Approval of the May 5, 2002 Council Meeting Minutes b) Metcalf Gulf Lower Drainage Improvements - Change Order 45 c) Eagle River Recreation Path Il - Additional Design Services and Contract Management, Peak Land Consultants Mayor Yoder asked for a motion on the Consent Agenda. Councilor McDevitt moved to approve the Consent Agenda. The motion was seconded and carried unanimously. There being no further business to come before the Council, Councilor Reynolds moved to adjourn the meeting. Councilor Brown seconded the motion. The meeting adjourned at 6:30 PM. Regular Council Meeting Page 4 of 5 May 28, 2002 RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Cuny Mac McDevitt Buz Reynolds Judy Yoder Regular Council Meeting May 28, 2002 Page 5 of 5 Memo May 22, 2002 To: From: RE: Meryl Julie a'^ Salute Band Contract Summary Attached please find two contracts between Rock Your World and the Town of Avon for the booking and coordination of the bands for the 4th of July. Recommendation I recommend that Council approve and sign the attached contract for the services provided in booking and coordination of the bands for the Salute to the USA in the amount of $500. Town of Avon • P.O. Box 975 9 Avon, CO 81620 9 970-748-4032 Town of Avon PO 975 Avon, Co 81620 $ 500.00 fee for booking and coordination of bands for July 4, 2002 celebration Please make check payable to Rock Your World. Michele Gibson SS# 115 46 1572 1020 15th St. #33D • Denver, CO 80202 • (303)571-1188 • Fax (303)571-1292 • MGibson33D@aol.cor? h' Memo May 22, 2002 To: Meryl From: Julie RE: Salute 6h Band Contract Summary Attached please find two contracts between Hazel Miller and the Town of Avon for the performances at the 2002 Salute to the USA. Hazel Miller will be the headliner band. Hazel Miller has played here in Avon before and put on a wonderful show. She is a great singer whether she is singing Blues, Jazz, Pop or Gospel. Recommendation I recommend that Council approve and sign the attached contract for performance services at Salute to the USA in the amount of $4,000. Town of Avon . P.O. Box 976 • Avon, CO 81620 . 970-748-4032 Wier Music - Entertainment Agr?-ment C?cy Mel Gbson, 1020 15th Street' 433D, Denver*, CO 80202, HAZEL HULLER EM, RIA? MENT AG ?MMNT.- between raze? der-(A?t'?"?'') and , ??? T,.TRCZ,,,QER).. it is under-stood that the.pardes do azree, and are committed to the Sollovving tears and conditions,. including: n UZ. or?aace:. ? 1 ?? U Date of Fer. fdrmamce: ice of Fen Time of Fefform9ne.. i l5 min Leh ofr:ar?.c .. .. ? uxielr Into ? ? ivy ? , -fv r ?O l oc?I P.Mvided :. +oe .p?, bq - c 5 ,ate r?uu Artist per: l ?00 C2.?. ? ? ?c?»'? ?o/IC+?bS? Payment. Terms: DirPo equalling 50%oftotal ARTIST. fee due upon signing of coxitr-4 remaining: deck , balance doe just prior to perfommcc. Send.de t, in form a a asks or money order made out to: HA WY•.MHL Y, clo wren. Gisan, 102015th St_ r33D, Denver, CO A tis#' Representatives:. Mel-Gilson'... yie:c?disingz "Artist retains sole & .exclusive right; but not the Obligation`, to sell souvenirs, T-shirts, hats, -CD's, and all': Other merchandise directly pertaining to. and/or bearing the Irlmness of Artist,' and to retain 140°; o of the rec-oats therefrom,.. snbj= only to auy financial a mrim that. the pURCjiASEiz may have with concessionaires for the handling and/or mie of this merchandise.. N. any agreement is made, no more. than, 10%.of the total receipts of the merchandise maybe. requested, sad- omy. upon written consent of Artist or- A:rdst's, rearen-a atives. PURCFLj= will not permit any recording or broadcasting, audio or video, or any part of this performance without the wrtten consent of Artist orArdst s representative. jVOTF_ All press releases must be approved byArtist or Artist's . Representative prior to. 'distribution. Still photography is acceptable, no, flash pleure. Artist must approve any photography . from the pifor the stage: This contract is a finai and binding agreement between the undersigned parties, ever. in the event of business closing or loss, uniess notified in writing ten (10) days prior to above stated starting date. In this event, PURCHASER forfeits entire deposit. Should PURC);:ASEIR elegy to ca=ll this contract within thirty (30) days of the Perfornrance Date, Purchaser forfeits one-half of the deposit AcXNO WLEDGED AYD AGREED TD: Date a Bqoking Agent D to Nxm I \1A AnJ 11 U0Z Axt st Date 2-:7 0 Hazel UillerCotitract. gaze 1 Contacts: Mel Ginson 343-?7]-i 188 phone, 303-571-1292 fax a Memo May 22, 2002 To: Meryl From: Julie RE: Salute Band Contract Summary Attached please find two contracts between Little Blue and the Town of Avon for the performance at the 2002 Salute to the USA. Little Blue will be the opening band. They are from Aspen, Colorado. Their excellent musicianship and vast repertoire of classic R & B, Motown, Funk, Rock and even Country music makes them an invaluable asset for a variety of entertainment. Recommendation I recommend that Council approve and sign the attached contract for performance services at Salute to the USA in the amount of $3,500. Town of Avon • P.O. Box 976 9 Avon, CO 81620 9 970-748-4032 PERFORMANCE CONTRACT LITTLE BLUE P.O. Box 9423 Aspen, CO 81612 (970)928-6622 The following contract signed and dated on this _15_ day of May._, .2002, Is a mutual agreement by and between Town Of Avon (hereinafter known as the "Client") and LITTLE BLUE, (hereinafter known as the "Band"). 1. The Venue where the performance of the Band Is to be held Is located at Nottingham Park 2. The Band will perform on the date(s) of July 4_, 2002. 3. The Band will perform 2_ sets of musk with _1_ break(s) of _15_ minutes each. 4. The Band will begin performing at 5:30pm_ and end performing at _7:30pm_. 5. The Client will provide a PA system for the Band which will consist of but Is not limited to the following: 4 vocal mlcs do floor monitors X The Client will provide lodging for the Band for 4_ adults for day(s) and _1_ night(s). 7. The Client will provide adequate, accessible electrical power and performance space. The Client will provide directions to the Venue. 8. The Client will provide _1_ meal(s) per day for 4_ persons. 9. The Band will be paid a perrormance fee of $ _3,500.00_. (The Client agrees to pay one half of the performance fee upon the signing of this contract and the second half of the performance fee upon the completion of Band's performance as agreed upon In this contract.) 10. In the event of a cancellation of this contract by the Client, the Band will not be required to return the deposit. Cancellation by the Client of this contract without 2 weeks prior notice will result in a full payment of the agreed upon performance fee to the Band by the Client. Stros POrtell Little Blue The Client Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager -6 4--- From: Norm Wood, Town Engineer jf-4? Anne Martens, Assistant Town Engineer alk Date: May 23, 2002 Re: East Avon Access & Circulation Streetscape Improvements Change Order Number 2 and Number 3 Summary: Attached Change Order Number 2 and Number 3 for the East Avon Access & Circulation Streetscape Improvements represents minor changes required to address actual field conditions encountered in construction. Change Order Number 2 is for modifications to the Storm Sewer due to conflicts with underground utilities. The modifications resulted in manhole and pipe relocation and the deletion of one manhole. Change Order Number 3 is for revisions to the sidewalk, asphalt and curb and gutter at the alley between Tract Q and Lot 65A (Annex). This Change Order also includes revisions to the North entrance at the Annex building and minor modifications to the parking area at Benchmark Plaza. Change Order Number 2 decrease the contract amount by $1754.00 and Change Order Number 3 increases the contract amount by $1423.20 for a total decrease of $330.80. The net effect of these Change Orders is to decrease the Contract Amount $330.80 from $ 2,276,221.50 to $ 2,275,890.70. This type of change was anticipated when the contract was awarded and is provided for by the contingency item in the project budget. The effect of this Change Order is reflected in the following Project Status. I:AEngineering\CIP\East AvonA4.0 Construction Documents\4.5 Change Orders\CO No 2&3 Memo.Doc Atibroved Proiect Budget Proiect Status Construction Contract Change Order No. 1 Change Order No. 2 Change Order No. 3 Engineering Design Appraisals Legal Contract Administration Testing Services Administration Easements & R/W Contingencies @ 1.5% Total Proposed Budget $2,259,987 $2,259,987 $ 16,234 $ (1,754) $ 1,423 $ 75,000 $ 75,000 $ 35,000 $ 26,500 $ 30,000 $ 30,000 $ 80,000 $ 80,000 $ 30,000 $ 30,000 $ 15,000 $ 15,000 $ 349,430 $ 349,430 $ 42,732 $ 35,329 $2,917,149 $2,917,149 Approval of Change Orders Number 2 and Number 3 to the Elam Construction, Inc. contract for construction of the East Avon Access & Circulation Streetscape Improvements is recommended, decreasing the Contract amount $330.80 from $2,276,221.50 to $2,275,890.70. Recommendations: Approve Change Orders Number 2 and Number 3 to the Elam Construction, Inc. contract for construction of the East Avon Access & Circulation Streetscape Improvements, decreasing the Contract amount $330.80 from $ 2,276,221.50 to $ 2,275,890.70. Town Manager Comments: 'T? C U.j ` I:\Engineering\CIP\East Avon\4.0 Construction Documents\4.5 Change Orders\CO No 2&3 Memo.Doc 2 CHANGE ORDER Order No.: 2 Date: 5-30-02 Agreement Date: April 15, 2002 NAME OF PROJECT: 2002 East Avon Street Improvements OWNER: Town of Avon, Colorado CONTRACTOR: Elam Construction, Inc The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Storm Drain Revisions in Alley: Deduct 53 LF from Item 6.4 24" HDPE Storm Sewer @ $45.00/LF- $ 2,385.00 Deduct 1 Each from Item 6.7 4' Dia. Manhole (MH 7 - cancelled) @ $3,500.00/Each -$ 3,500.00 Add 23 L.F. to Item 6.1 15" HDPE Storm Sewer @ $40.00/L.F. + $ 920.00 Modify Str. 5 - Move box to avoid sewer, set grate in pan, frame and pour trough between grate and box + $ 500.00 Modify Str 2 - Lower opening for 15" HDPE from Str 3 + $ 525.00 Add 42 L.F. to Item 2.4 Curb & Gutter Demo @ $5.001L.F. + $ 210.00 Add 42 L.F. to Item 4.8 Curb & Gutter @ $17.00/L.F. + $ 714.00 Modify Str 6 - cut opening for new 24" HDPE from the north + $ 150.00 Add 67 SF to Item 4.7 Concrete Sidewalk & Base Course @ $6.00/SF + $ 402.00 Add 124" HDPE 22.5° bend @ $210.00 each + $ 210.00 Modify storm sewer connection between existing elliptical RCP and new 24" HDPE + $ 500.00 Total - $ 1,754.00 TOTAL - $ 1,754.00 Change to CONTRACT PRICE: - $ 1,754.00 Original CONTRACT PRICE: $ 2,259,987.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER 1: $2,276,221.50 The CONTRACT PRICE due to this CHANGE ORDER will be (decreased) by $ 1,754.00. The new CONTRACT PRICE including this CHANGE ORDER will be $ 2,274,467.50 Change to CONTRACT TIME: The CONTRACT THE will be (increased)(decreased) by 0 calendar days. The date for completion of all work will be October 19, 2002 (Date). APPROVALS REQUIRED: Approved by Engineer: X- Accepted by Contractor: Accepted and Approved by Owner: Federal Agency Approval (where applicable): CO-2 CHANGE ORDER Order No.: 3 Date: 5-30-02 Agreement Date: April 15, 2002 NAME OF PROJECT: 2002 East Avon Street Improvements OWNER: Town of Avon, Colorado CONTRACTOR: Elam Construction, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Sidewalk and Curb & Gutter Revision at Tract Q and Alley: Deduct 65 LF from Item 4.8 Curb & Gutter - 2 ft Pan @ $17/LF -$1,105.00 Deduct 415 SF from Item 4.7 Concrete Sidewalk & Base Course @ $6.00/SF -$2,490.00 Deduct 34 LF from Item 2.4 Curb & Gutter Demolition @ $5.00/LF -$ 170.00 Total -$3,765.00 Addition of Crosspan at Tract Q (Cassidy's) Entrance at Plaza Way: Add 31 LF to Item 4.11 Crosspan - 4ft @ $26.00/ LF +$ 806.00 Total +$ 806.00 Revise Overlay Area in Alley to Remove and Replace Asphalt: Deduct 34 Tons from Item 4.4 Asphaltic Concrete @ $48.00/Ton -$1,632.00 Add 1,542 SF to Item 2.2 Asphalt Removal @ $0.90/SF +$ 1,387.80 Add 70 Tons to Item 4.4 Asphaltic Concrete @ $48.00/Ton +$3,360.00 Add 34 CY to Item 4.3 Class 6 Road Base @ $30.00/CY +$1,020.00 Total +$4,135.80 Revised North Entrance to Annex: Deduct 33 SF from Item 4.7 Concrete Sidewalk & Base Course @ $6.00/SF - $ 198.00 Add 1 Each to Item 9.21 Transplant Ash Tree @ $750.00/Each + $ 750.00 Add 51 LF to Item 4.8 Curb & Gutter - 2 ft Pan @ $17.00/LF + $ 867.00 Add 7 Tons to Item 4.4 Asphaltic Concrete @ $48.00/Ton + $ 336.00 Add 4.8 CY to Item 4.3 Class 6 Road Base @ $30.00/CY + $ 144.00 Add 55 LF to Item 2.1 Sawcut Existing Asphalt @ $3.00/LF + $ 165.00 Add 46 SF to Item 2.2 Asphalt Removal @ $0.90/SF + $ 41.40 Add 50 LF to Item 2.4 Curb & Gutter Demolition @ $5.00/1,17 + $ 250.00 Total +$2,355.40 Revisions to Bid Alternate No. 3 - Provide Parking on Lot 20 Deduct 209 SF from Item 13.5 Concrete Pavers for Walks @ $12.00/SF Deduct 3 LF from Item 13.3 Concrete Bands at Plazas and Walks @ $22.00/LF Add 3 Each to Item 2.17 Remove Existing Trees @ $155.00 Each Total TOTAL Change to CONTRACT PRICE: +$1,423.20 Original CONTRACT PRICE: $ 2,259,987.00 -$ 2,508.00 - $ 66.00 +$ 465.00 -$ 2,109.00 +$1,423.20 Current CONTRACT PRICE adjusted by previous CHANGE ORDER 2: $ 2,274,467.50 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) by $ 1,423.20 The new CONTRACT PRICE including this CHANGE ORDER will be $ 2,275,890.70 Change to CONTRACT TME: The CONTRACT TDJE will be increased by 0 calendar days. The date for completion of all work will be October 19, 2002 (Date). APPROVALS REQUIRED: Approved by Engineer: 7e- Accepted by Contractor: Accepted and Approved by Owner: Federal Agency Approval (where applicable): CO-3 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager 7? From: Norm Wood, Town Engineer-/ ,V Anne Martens, Assistant Town Engineer Date: June 5, 2002 Re: East Avon Access & Circulation Streetscape Improvements Change Order Number 4 Summary: Attached Change Order Number 4 for the East Avon Access & Circulation Streetscape Improvements represents minor changes required to address actual field conditions encountered in construction and over excavation of subgrade material due to unsuitable soils. Change Order Number 4 is for removal a street light, additional linear feet of conduit required due to modifications at Plaza Way, and revisions to fire hydrants. Change Order Number 4 also includes over excavation and backfill on Benchmark Road due to unsuitable subgrade soils. Change Order Number 4 increases the contract amount by $26,120.00. The net effect of this Change Order is to increase the Contract Amount $26,120.00 from $ 2,275,890.70 to $2,302,010.70. This type of change was anticipated when the contract was awarded and is provided for by the contingency item in the project budget. The effect of this Change Order is reflected in the following Project Status. Approved Project Budget Construction Contract $2,259,987 Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Engineering Design $ 75,000 Appraisals $ 35,000 Legal $ 30,000 Contract Administration $ 80,000 Testing Services $ 30,000 Administration $ 15,000 Easements & R/W $ 349,430 Contingencies @ 1.5% $ 42,732 Total Proposed Budget $2,917,149 Project Status $2,259,987 $ 16,234 $ (1,754) $ 1,423 $ 26,120 $ 75,000 $ 26,500 $ 30,000 $ 80,000 $ 30,000 $ 15,000 $ 349,430 $ 9,209 $2,917,149 1 AEngineering\CIP\East Avon\4.0 Construction Documents\4.5 Change Orders\CO No 4 Memo.Doc Approval of Change Order Number 4 to the Elam Construction, Inc. contract for construction of the East Avon Access & Circulation Streetscape Improvements is recommended, increasing the Contract amount $26,120.00 from $2,275,890.70 to $2,302,010.70. Recommendations: Approve Change Order Number 4 to the Elam Construction, Inc. contract for construction of the East Avon Access & Circulation Streetscape Improvements, increasing the Contract amount $26,120.00 from $ 2,275,890.70 to $ 2,302,010.70. Town Manager Comments: I:\Engineering\CIMast Avon\4.0 Construction Documents\4.5 Change Orders\CO No 4 Memo.Doc 2 CHANGE ORDER Order No.: 4 Date: 5-30-02 Agreement Date: April 15, 2002 NAME OF PROJECT: 2002 East Avon Street Improvements OWNER: Town of Avon, Colorado CONTRACTOR: Elam Construction, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Streetlight Removal: Remove existing streetlight, concrete base and appurtenances. Transport light pole to Town of Avon storage yard +$3,000.00 Total +$3,000.00 Alternate 3 Conduits: Add 40 LF to Item 5.6 4" PVC Future Use Conduit @ $7.00/ LF + $ 280.00 Total +$ 280.00 Fire Hydrant at Annex - Revise from Relocate Existing to Install New: Deduct 1 Each from Item 5.7 Relocate Existing Fire Hydrant @ $2,500.00/Each -$2,500.00 Add 1 Each to Item 5.8 Install New Fire Hydrant Assembly @ $4,200.00/Each (Existing hydrant can be reused) +$4,200.00 Total +$ 1,700.00 Excavation and Disposal of Unsuitable Material, Place and Compact Two (2) feet of 6" Minus Pitrun Material (14ft left side of centerline from Sta 1+00 to 3+50 and 6+00 to 9+00): Add 571 CY of excavate, dispose, place and compact @ $40.00/CY+ $22,840.00 Traffic Control for 3 days @ $1500.00/Day +$ 4,500.00 Total + $27,340.00 Fire Hydrant at East Beaver Creek Blvd & Plaza Way to Remain in Place: Deduct 1 Each from Item 2.14 Remove Existing Fire Hydrant @ $2,000.00/Each -$ 2,000.00 Deduct 1 Each from Item 5.8 Install New Fire Hydrant Assembly @ $4,200.00/Each -$ 4,200.00 Total -$ 6,200.00 TOTAL + $26,120.00 Change to CONTRACT PRICE: + $ 26,120.00 Original CONTRACT PRICE: $ 2,259,987.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER 3: $ 2,275,890.70 The CONTRACT PRICE due to this CHANGE ORDER will be increased by $ 26,120.00 The new CONTRACT PRICE including this CHANGE ORDER will be $ 2,302,010.70 Change to CONTRACT TMIE: The CONTRACT TIME will be increased by 3 calendar days. The date for completion of all work will be October 22, 2002 (Date). APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor: Accepted and Approved by Owner: Federal Agency Approval (where applicable): CO-4 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager 16 ce- From: Norm Wood, Town Engineer` /// Anne Martens, Assistant Town Engineer" Date: June 5, 2002 Re: East Avon Access & Circulation Streetscape Improvements Change Order Number 5 Summary: Attached Change Order Number 5 for the East Avon Access & Circulation Streetscape Improvements represents modifications to the parking lot and filling in the pond and piping the Metcalf Irrigation Ditch on Tract Q. The cost of the work is $107,214.90 and will allow Easement acquisition negotiations for this parcel to be brought to conclusion. Seventy five hundred dollars of this cost will be recovered in the overall project budget by elimination of the requirement to pay for an appraisal had the negotiations not been concluded by this work. This savings is reflected in the Project Status below. Change Order Number 5 increases the contract amount by $107,214.90. The net effect of this Change Order is to increase the Contract Amount $107,214.90 from $ 2,302,010.70 to $2,409,225.60. This Change Order is contingent upon approval of the agreement with the property owners and the Town of Avon. Attached is a sketch illustrating the proposed improvements. The effect of this Change Order is reflected in the following Project Status. L\Engineering\CIP\East Avon\4.0 Construction Documents\4.5 Change Orders\CO No 5 Menlo.Doc Approved Project Budget Construction Contract $2,259,987 Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Change Order No. 5 Engineering Design $ 75,000 Appraisals $ 35,000 Legal $ 30,000 Contract Administration $ 80,000 Testing Services $ 30,000 Administration $ 15,000 Easements & R/W $ 349,430 Contingencies @ 1.5% $ 42,732 Total Proposed Budget $2,917,149 Project Status $2,259,987 $ 16,234 $ (1,754) $ 1,423 $ 26,120 $ 107,215 $ 75,000 $ 19,000 $ 30,000 $ 80,000 $ 30,000 $ 15,000 $ 211,352 $ 47,572 $2,917,149 Approval of Change Order Number 5 to the Elam Construction, Inc. contract for construction of the East Avon Access & Circulation Streetscape Improvements is recommended, increasing the Contract amount $107,214.90 from $2,302,010.70 to $2,409,225.60. Recommendations: Approve Change Order Number 5 to the Elam Construction, Inc. contract for construction of the East Avon Access & Circulation Streetscape Improvements, increasing the Contract amount $107,214.90 from $2,302,010.70 to $2,409,225.60, contingent upon approval of the agreement with the property owners and the Town of Avon. Town Manager Comments: L\Engineering\CIP\East Avon\4.0 Construction Documents\4.5 Change Orders\CO No 5 Memo.Doc 2 CHANGE ORDER Order No.: 5 Date: 6-5-02 Agreement Date: April 15, 2002 NAME OF PROJECT: 2002 East Avon Street Improvements OWNER: Town of Avon, Colorado CONTRACTOR: Elam Construction, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: This change order reflects quantities and prices associated with revising the Tract Q Parking Lot. This work includes the filling of the pond/ditch, piping the irrigation ditch, and paving the extended parking lot. Description Unit Ouantity Unit Price Total Price Surveying/Testing LS 1 $3,000.00 $ 3,000.00 Clearing LS 1 $1,500.00 $ 1,500.00 Sawcut Asphalt LF 190 $ 3.00 $ 570.00 Asphalt Removal SF 5,695 $ 0.90 $ 5,125.00 Remove Trees Each 8 $ 155.00 $ 1,240.00 Remove and Relocate Light Each 1 $3,500.00 $ 3,500.00 Earthwork Export CY 676 $ 14.00 $ 9,464.00 Pit Run Gravel CY 778 $ 29.00 $22,562.00 Subgrade Prep SF 16,162 $ 0.20 $ 3,232.40 6" Class 6 Road Base CY 300 $ 30.00 $ 9,000.00 3" BBP Paving Tons 311 $ 50.00 $15,550.00 2' Curb & Gutter LF 43 $ 17.00 $ 731.00 60" Manhole Each 2 $3,500.00 $ 7,000.00 24"X38" Elliptical RCP LF 188 $ 105.00 $19,740.00 Traffic Control LS 1 $2,500.00 $ 2,500.00 Landscaping & Irrigation LS 1 $2,500.00 $ 2,500.00 TOTAL + $107,214.90 Any variation from these quantities must be field verified and approved prior to commencement of the work. Change to CONTRACT PRICE: + $ 107,214.90 Original CONTRACT PRICE: $ 2,259,987.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER 4: $ 2,302,010.70 The CONTRACT PRICE due to this CHANGE ORDER will be increased by $ 107,214.90 The new CONTRACT PRICE including this CHANGE ORDER will be $ 2,409,225.60 Change to CONTRACT TMM: The CONTRACT THE will be increased by 0 calendar days. The date for completion of all work will be October 22, 2002 (Date). APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor Accepted and Approved by Owner: Federal Agency Approval (where applicable): CO-5 PARKING EXHW TOWN OF AVON • I? EAST AVON m? aep?.rt .a° w.pwe w u...wM.. w• a M. a.,,t °Mp IwM. 11 •?Y °M? Mm w IIIY Y n°t wgerhtl w ?? mnLw.0in a 2 IV ,? $ i Y ? TRACT D PARKING (CASSIDYS) In M. ?nnl Mot nY oU•r f>nn tltY 2MV la "w MM e?vm•nt ? M. ?.m,l„•tal w•t.n:a h.r• t.i ar wrv••• h . tw wMal•alm +°,., s,te-uw.ew M•Y =a .,a )yam FM iW?gLW ,13 s EAGLE COUNTY, COLORADO , er „ m .Meum wa°ue n. • r Nvm a ? row C?i..p.S.. . au I...w. u. o..ax, <o owes u.x.x.wn n co .ISr .e umw.u. Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer Date: June 6, 2002 Re: The Village (at Avon) Filing 2 Buffalo Ridge Subdivision Improvements Escrow Summary: Buffalo Ridge Affordable Housing Corporation and Buffalo Ridge II LLLP have submitted the attached Escrow Agreement for the Buffalo Ridge I and II Subdivision Improvements Escrow. This Agreement names Stewart Title of Vail, Inc. as Escrow Agent and provides for administration of the funds guaranteeing completion of the public improvements for The Village (at Avon) Filing 2 in conformance with the previously approved Subdivision Improvements Agreement. Approval of this Escrow Agreement is recommended. Recommendations: Approve Escrow Agreement for Buffalo Ridge I and II Subdivision Improvements Escrow dated May 29, 2002 between Buffalo Ridge Affordable Housing Corporation, Buffalo Ridge II LLLP, the Town of Avon and Stewart Title of Vail, Inc. Town Manager Comments: I:\Engineering\Avon VillageTiling 2\ subdivision\Escrow Agreement-Memo.Doc { Escrow Agreement Account Number: Account Name: Buffalo Ridge I and II Subdivision Improvements Escrow This Escrow Agreement ("Agreement") is dated May 29, 2002. This Agreement exists between BUFFALO RIDGE AFFORDABLE HOUSING CORPORATION, a Colorado non-profit corporation ("BRAHC"), BUFFALO RIDGE II LLLP, a Colorado limited liability limited partnership ("PAB"; together with BRAHC, the "Depositors"), the TOWN OF AVON, a Colorado municipality, by and through its Council (the "Town"), and STEWART TITLE OF VAIL, INC., a Colorado corporation ("Escrow Agent"). Depositors, the Town, and Escrow Agent agree: 1. Escrow Deposits. BRAHC and PAB deposit with Escrow Agent the items (i.e., cash, securities, and/or instruments) listed on the attached Schedule A that is hereby incorporated into this Agreement by reference. Schedule A items are hereafter referred to as the "Escrow Property." 2. Escrow Instructions. Escrow Agent will hold and distribute the Escrow Property in accordance with the instructions on the attached Schedule B that is hereby incorporated into this Agreement by reference. 3. Investment of Funds. Escrow Agent has no duty to invest any Escrow Property, except as provided on Schedule B. 4. Amendments. This Agreement may be amended, modified, supplemented, or revoked only in writing signed by Depositors and the Town with the written approval of Escrow Agent and upon payment to Escrow Agent of its additional fees and expenses. 5. Assignments of Interest. Assignments, transfers, hypothecations, or conveyances of any right, title, or interest in the Escrow Property are only binding upon Escrow Agent if (a) written notice is served by Depositors and the Town and received by Escrow Agent; (b) all of Escrow Agent's additional fees and expenses are paid; and (c) Escrow Agent has given its assent, which assent shall not be unreasonably withheld, delayed, or conditioned. 6. Authority of Depositors. Escrow Agent is under no duty or obligation to ascertain the identity, authority, and/or rights of Depositors, the Town, or their respective agents who are executing, delivering, or purporting to execute or deliver instructions and/or performance hereunder. 528331.2 7. Compensation of Escrow Agent. Depositors and the Town, both jointly and severally, agree to pay Escrow Agent its fees and expenses for services, including any extraordinary fees and expenses that may arise, such as fees of counsel, consultants, and court costs. Escrow Agent has a first and prior lien on the Escrow Property to secure any such fees and expenses. Escrow Agent is authorized to deduct any such fees and expenses from the Escrow Property. Any fees and expenses owed but unpaid shall accrue interest at the rate of 12% per annum. 8. Complete Agreement and Execution in Counterparts. This Agreement and its Schedules A and B constitute the complete and entire Agreement of Depositors and the Town with Escrow Agent. This Agreement may be executed in counterparts. Each executed counterpart shall be given the same effect as an original. 9. Disagreements. In the event of any disagreement or dispute between Depositors' and the Town concerning the meaning or validity of any provision under this Agreement, including Schedules A and B, or concerning any other matter relating to this Agreement, Escrow Agent: a. Shall be under no obligation to act, except under process or order of court, or until it has been adequately indemnified to its full satisfaction, and shall sustain no liability for its failure to act pending such process or court order or indemnification; and b. May deposit, in its sole and absolute discretion, the Escrow Property or that portion of the Escrow Property it then holds with the then Clerk of the District Court of the County of Eagle, State of Colorado, and to interplead Depositors and the Town. Upon such deposit and filing of interpleader, Escrow Agent shall be relieved of all liability as to the Escrow Property and shall be entitled to recover from Depositors and the Town its attorneys' fees and other costs incurred in commencing and maintaining such action. Depositors and the Town, by signing this Agreement, submit themselves to the jurisdiction of such Court and do appoint the Clerk of such court as their agent for the service of all process in connection with such proceedings. In no event shall the institution of such interpleader action impair the rights of Escrow Agent described in Paragraph 14. 10. Extension of Benefits. This Agreement and its Schedules A and B extend to and binds the heirs, legal representatives, successors, and assignees all of the parties to this Agreement. 11. Governing Law. The laws of the State of Colorado shall apply to the interpretation, construction, and enforcement of this Agreement. 12. Headings of Paragraphs. The titles of the numbered paragraphs to this Agreement exist for convenience only, and in no way shall they restrict or modify any Agreement or provision. 13. Indemnification and Hold Harmless. Depositors and the Town agree, jointly and severally, to indemnify and hold harmless Escrow Agent from any liability, cost, or expense whatsoever, including reasonable attorney's fees, that it has or will incur by reason of accepting Escrow Property and acting as Escrow Agent hereunder; provided, however, that BRAHC's indemnification obligations hereunder shall be limited solely to payments from "surplus cash" 528331.2 2 available from the Buffalo Ridge I Apartments project being developed and constructed by BRAHC, as the term "surplus cash" is defined and described in the HUD regulatory agreement executed by BRAHC in connection with the permanent first mortgage financing being obtained by BRAHC for such project. 14. Non-Liability. Escrow Agent shall not be liable for any act it may do or omit to do as Escrow Agent while acting in good faith and in the exercise of its own best judgment. Any act done or omitted by Escrow Agent pursuant to the advice of its attorneys shall be conclusive evidence of such good faith. Escrow Agent shall have the right to consult with counsel whenever any question arises concerning this Agreement and shall incur no liability whatsoever, for any delay reasonably required to obtain such advice of counsel. 15. Notices. Any notices will be given by personal delivery, by mailing via first class mail, postage prepaid, or by facsimile transmission promptly followed by mailing such notice via first class mail, postage prepaid, to the addresses and/or telecopier numbers provided in this Agreement. Notice shall be effective as of the time of receipt, as of the time of deposit in the mail, or in the event of initial facsimile transmission, upon receipt by sender of electronic confirmation of delivery. All such notices to Escrow Agent must contain the Account Number set forth above. 16. Other Contracts or Agreements. Escrow Agent is not a party to or bound by any agreement between Depositors and the Town other than this Agreement, whether or not an original copy of such agreement is held as Escrow Property or is in the files of Escrow Agent. 17. Removal or Resignation of Escrow Agent. Escrow Agent may resign at any time by furnishing written notice of its resignation to Depositors and the Town. Depositors and the Town may remove Escrow Agent at any time by furnishing to Escrow Agent a written notice of its removal. Such resignation or removal, as the case may be, shall be effective 30 days after delivery of such notice. 18. Statute of Limitations and Laches. Escrow Agent is not liable for the outlawing, lapse, or invalidation of any rights under any statute of limitations or due to laches with respect to this Agreement or the Escrow Property. 19. Validity and Sufficiency of Schedule A Deposits and Schedule B Instructions. Escrow Agent assumes no responsibility for the validity and/or sufficiency of any funds, securities, instruments, or instructions held as Escrow Property. 20. Waivers. The failure of any party to this Agreement to require performance of any provision under this Agreement shall in no manner affect the right at a later time to enforce the same performance. A waiver by any party to this Agreement of any such condition or breach of any term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall neither be construed as a further or continuing waiver of any such condition or breach, nor a waiver of any other condition or breach of any other term, covenant, representation, or warranty contained in this Agreement. 528331.2 3 IN WITNESS WHEREOF, the undersigned have affixed their signatures and hereby adopt as part of this Escrow Agreement Schedules A and B that are incorporated by reference. DEPOSITORS: BUFFALO RIDGE II LLLP, a Colorado limited liability limited partnership By: CORUM BUFFALO RIDGE, LLC, a Colorado limited liability company, General Partner , 14, B Y: mes G. Vzpatri ,III, Managing Member By: WINTERGREEN HOMES - BUFFALO RIDGE LLC, a Colorado limited liability company, Address Telephone: (303) 796-2000 Fax Number: (303) 796-2065 BUFFALO RIDGWAFFORDABJ,,E HOUSING CORPORATIO a Colorado W -profit corporation By: E. Flynn, Address: 755 Eagle I&est Road P.O. Box 1342 Edwards, Colorado 81632 Telephone: (970) 926-8686 Fax Number: (970) 926-8690 528331.2 4 Suite 200 Englewood, Colorado 80111 Escrow Agreement Escrow No. SCHEDULE A (Deposit) There is hereby deposited with you, as Escrow Agent, certain funds and documents, to wit: Deposit by Buffalo Ridge Affordable Housing Corporation of good funds in the amount of $820,000.00. Deposit by Buffalo Ridge II LLLP of good funds in the amount of $1,396,151.00. Executed copy of the Subdivision Improvements Agreement dated April 23, 2002 by and among Buffalo Ridge Affordable Housing Corporation, a Colorado non-profit corporation, and Buffalo Ridge II LLLP, a Colorado limited liability limited partnership (collectively the "Depositors"), and the Town of Avon, a Colorado municipality, by and through its Council (the "Town"). DEPOSITORS: BUFFALO RIDGE II LLLP, a Colorado limited liability limited partnership By: CORUM BUFFALO RIDGE LLC, a Colorado limited liability company, General Partner 4 Z_ AA. 1#,A By: 6?mes G. pat is , Managing Member By: WINTERGREEN HOMES - BUFFALO RIDGE LLC, a Colorado limited liability company, General PDWner B M. BUFFALO RTD-GE ORDABLE H(?yUSING CORPORATION, a Colorado non-pr t orporayi¢n > By: 528331.2 A-1 THE TOWN: TOWN OF AVON, a Colorado municipality, by and through its Council By: Name: Title: ESCROW AGENT: STEWART TITLE OF VAIL, INC., a Colorado coo ration By: gent 528331.2 A-2 Escrow Agreement Escrow No. SCHEDULE B (Special Instructions) The deposit of good funds in the amount of $2,216,151.00 herewith made and receipted for, as referenced in Schedule A hereto (the "Deposit"), is to be received by Escrow Agent and held, delivered, deposited, and otherwise dealt with pursuant to the following Special Instructions: 1. The Deposit is made by Depositors pursuant to the Subdivision Improvements Agreement (the "SIA") entered into by and between Depositors and the Town. The SIA is attached hereto as Exhibit 1. 2. The Deposit shall be held in an interest-bearing account and distributed by Escrow Agent pursuant to the terms and conditions of the SIA, except that all interest accruing on the Deposit shall be the sole property of Depositors. 3. The Deposit is equivalent to the estimated cost of completion of the subdivision improvements (the "Public Improvements") that are delineated in Exhibit B of the SIA that are to be constructed on Tracts B, E, F, G, and H, The Village (at Avon) Filing 2, County of Eagle, State of Colorado. 4. Paragraph 4(a) of the SIA provides for the reduction of the Deposit, from time to time, by the amount of the progress payments made by Depositors to their contractors for the partial completion of the Public Improvements. As the Public Improvements are completed, the amounts of the Deposit released from this Escrow pursuant to paragraph 4(a) of the SIA shall be paid to the party (i.e., PAB or BRAHC) upon whose land the Public Improvements have been constructed (and for which payment for such Public Improvements by such party has been made). Notwithstanding anything to the contrary contained herein, in the event either of the Depositors fails to undertake and complete the Public Improvements required to be constructed by it pursuant to the SIA and the Co-Building & Development Agreement dated of even date herewith between Depositors, the non-defaulting Depositor may, but under no circumstances shall be obligated to, undertake and complete construction of such Public Improvements. In such event, the non-defaulting Depositor shall be entitled to recover and retain for its own account any amounts released from the Deposit representing costs of construction incurred by such non- defaulting Depositor for Public Improvements located on the defaulting Depositor's property. Upon completion of all Public Improvements and acceptance thereof by the Town or other applicable governmental jurisdiction, the entire Deposit remaining is to be returned to BRAHC and/or PAB on the basis of the costs incurred by such parties in completing the Public Improvements on their respective properties, subject, however, to the adjustments provided for in the immediately preceding sentence. In accordance with the SIA, Escrow Agent shall promptly return any portion or all of the Deposit to Depositors upon receipt of a written request from the Town and Depositors in accordance with the foregoing terms and provisions. 5. Upon any Depositor's default of its obligations under the SIA, which default remains uncured 30 days after the Town has provided written notice to such Depositor, the Town may draw on the Deposit in an amount equivalent to the costs it incurs in completing 528331.2 B-1 construction of the Public Improvements plus its reasonable attorneys' fees and court costs, if any. Escrow Agent shall disburse the Deposit to the Town upon Escrow Agent's receipt of a written request certifying (a) that the defaulting Depositor is in default of it obligations under the SIA; (b) that the applicable cure period has lapsed; and (c) the amount to which the Town is entitled pursuant to Paragraph 11 of the SIA. 6. At the time that this Escrow Account is closed, all interest earned on the Deposit shall be disbursed to Depositors on a pro-rata basis based upon their respective portions of the Deposit, except to the extent that the Deposit is insufficient to cover the expenses incurred by the Town as a result of any Depositor's default of its respective obligations under the SIA. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals, and do hereby agree to the Special Instructions above indicated, this 29th day of May, 2002. DEPOSITORS: BUFFALO RIDGE II LLLP, a Colorado limited liability limited partnership By: CORUM BUFFALO RIDGE LLC, a Colorado limited liability company, General Partner By: Pes Managing Member By: WINTERGREEN HOMES - BUFFALO RIDGE LLC, a Colorado limited liability company, General Partner Manager FORDABLE BUSING CORPORATION, BUFFALO RIDGE Ajr a Colorado non-pr corporation By: THE TOWN: TOWN OF AVON, a Colorado municipality, by and through its Council By: Name: Title: 528331.2 B-2 ESCROW AGENT: STEWART TITLE OF VAIL, INC., a Colorado corporation By: ed Agent 528331.2 B-3 Exhibit 1 to Schedule B of Escrow Agreement Subdivision Improvements Agreement (See attached document) 528331.2 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this I P day of April, 2002, is by and among BUFFALO RIDGE AFFORDABLE HOUSING CORPORATION, a Colorado nonprofit corporation and BUFFALO RIDGE II LLLP, a Colorado limited liability limited partnership (collectively "Subdivider"), and the TOWN OF AVON, a Colorado municipality, by and through its Council (the "Town"). RECITALS WHEREAS, Subdivider, in connection with the approval of the final plat for The Village (at Avon) Filing 2, consisting of approximately 138.469 acres in Section 12, T. 5 S., R. 82 W. and Section 7, T. 5 S., R. 81 W., of the 6th P.M., Town of Avon, Eagle County, Colorado (the "Subdivision"), desires to enter into a Subdivision Improvements Agreement with the Town as provided for by Section 16.24.100 of the Avon Municipal Code, as amended (the "Code"); and WHEREAS, pursuant to the Code, the Town desires to make reasonable provisions for completion of certain public improvements (the "Improvements") set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the Subdivider is responsible for the performance and completion of the Improvements and the parties desire to set forth their agreement with regard to compliance with the same; and WHEREAS, the Town and Subdivider are parties to those certain bond issuance and HUD insured financing documents ("HUD Financing") pertaining to the financing and construction of the Buffalo Ridge Apartments. AGREEMENT NOW THEREFORE, in consideration of the following mutual covenants, conditions and promises, the parties hereby agree as follows: 1. Final Plat Approval. The Town agrees that upon compliance with all other conditions of approval, and subject to the terms and conditions of this Agreement, the Final Plat of The Village (at Avon) Filing 2 ("Final Plat") shall be promptly filed for record with the Office of the Eagle County Clerk and Recorder. 2. Completion of Work. (a) Performance. Subdivider agrees to furnish all equipment, labor and material necessary to perform and complete, in a good and workmanlike manner, all improvements and work incidental thereto as set forth in Exhibit A. Subdivider further 1111 Jill I 111111111 '11111, 11 796832 514415.10 Page: 1 of 16 05/28/2002 01:52P Sara J Fisher Eagle, CO 69 R 80.00 D 0.00 M agrees that it will be responsible for all costs of Improvements. All said work shall be performed in accordance with the construction plans and specifications as submitted to and approved by the Town prior to commencement of construction of Improvements. All Improvements shall be completed within twenty-four (24) months of the date of the Town's approval of the Final Plat for the Subdivision. (b) Inspection Procedures. (1) All work shall be done under the inspection procedures and standards established by the Town, shall be subject to the reasonable satisfaction of the Town and shall not be deemed complete until the reasonable approval and acceptance of the Improvements by the Town. (2) Designation of Inspectors. Prior to commencement of construction work on the Improvements, the Town shall designate the individuals or independent third parties employed by the Town who are authorized to inspect the construction of the Improvements. Such inspections by the Town shall not relieve Subdivider or its agents from any responsibility or obligation to assure that all work is completed in conformance with all standards, plans and specifications as submitted to and previously approved by the Town. (3) Cost of Inspections. The cost of such inspections, whether by Town employees or an independent third party inspector, shall be paid by Subdivider and subject to the limitations set forth in paragraph 8 below. (4) Notice of Non-Compliance. In the event that the Town, through the inspectors, reasonably determines that the Improvements are not in compliance with the pre-approved construction plans and specifications, it shall give written notice of such non-compliance to Subdivider ("Notice of Non-Compliance"). The Notice of Non-Compliance shall include a narrative describing the unsatisfactory construction work with specific reference to the applicable construction plans and specifications. The Notice of Non-Compliance must be provided to Subdivider within two (2) working days of the date of the inspection. 3. Security for Completion of Improvements. (a) Securi . To secure completion of the Improvements, Subdivider hereby agrees to secure its respective obligations under this Agreement with Collateral in accordance with Section 16.24. 100 of the Code. Collateral shall be one or a combination of the following: cash or its equivalent; securities of acceptable value; letter of credit; bond (for warranty period only); and land of acceptable value by deed of trust. (b) Substitution of Security. Subdivider may substitute another form of collateral acceptable to the Town in place of the forms of security set forth above in order to guaranty the faithful completion of the Improvements and the performance of the terms of this Agreement. 1111111111111111 1111,1111 79611,32 514415.8 I Page: 2 of 16 ! ! , 05/28/2002 01:52P Sara J Fisher Eagle; CO 89 R 80.00 D 0.00 4. Subdivider Improvements. (a) Security for Completion of Subdivider's Improvements. Subdivider shall deliver to the Town irrevocable letter(s) of credit issued by a reputable financial institution or other collateral acceptable to the Town and consistent with Section 16.24.100 of the Code in an amount equal to one hundred percent (100%) of the estimated cost of completion of Subdivider's Improvements set forth on Exhibit B. The Town hereby acknowledges that the Final Plat for the Subdivision may be recorded prior to the closing of the HUD Financing, but Subdivider acknowledges and agrees that if the HUD Financing has not closed and the letter(s) of credit or other collateral. acceptable to the Town has not been delivered to the Town within 15 days after recordation of the Final Plat for the Subdivision, either Traer Creek LLC ("Traer Creek"), a Colorado limited liability company, the current owner of the real property covered by the Final Plat of the Subdivision or the Town shall have the unilateral right to vacate the Final Plat for the Subdivision. (b) Progress Payments on Subdivider's Improvements. Subdivider agrees that a separate schedule of values for the Improvements shall be included in the construction contracts for the Buffalo Ridge Apartments. The Subdivider may make progress payments to its contractors on a monthly basis upon (i) the partial completion of itemized improvements for which cost estimates have been set forth in Exhibit B and upon written request to the Town including an itemized statement and certification of the Subdivider of completion and acceptance of itemized improvements by Subdivider's engineer, and (ii) the written approval of the Town or its designee; provided, however, if the Town fails to respond to a disbursement request within seven (7) days such request will be deemed approved. The itemized statement and certification by the Subdivider shall certify that all work for which progress payments have been requested has been completed in accordance with the approved plans and specifications. Upon the approval of such progress payments, the amount of collateral shall be reduced by the amount of such payment; provided, however, that in no event will any such reduction cause the amount of remaining collateral to be less than an amount equal to one hundred percent (100%) of the estimated costs of completion of all remaining Subdivider's Improvements. Such progress payments shall be disbursed to the contractor in accordance with the construction contract executed for the construction of the Improvements and approved in connection with the HUD Financing; provided, however, retainage of ten percent (10%) shall be withheld with respect to all disbursements until the Improvements have been completed. Upon completion of all work related to Subdivider's improvements and the Town's acceptance of the completion of Subdivider's Improvements, the entire amount of remaining collateral, less the amounts or other security described in paragraph 5, shall be released. (c) Default by Subdivider. In the event of a default in whole or in part by Subdivider, the Town shall be authorized to take all such actions necessary or desirable to enforce its rights hereunder for the purpose of undertaking completion or remediation work on the Improvements after providing thirty (30) days' advance written 111111111111111111111111, 111 796832 514415.8 Page: 3 of 16 05/28/2002 01:52P Sara J Fisher Eagle, CO 89 R 80.00 D 0.00 notice of default and providing an opportunity during such period for Subdivider to cure the default. 5. Warranty Period. The Improvements shall be warranted to be free from defects in workmanship or quality for a period of one (1) year after acceptance of all the work by the Town. In the event of any such defect, the Town may require Subdivider to correct the defect in material or workmanship. The amounts for completion of all warranty work on Subdivider's Improvements shall be secured by a dual obligee bond ("Bond") in form approved by the Town, from the subcontractor constructing the Improvements, naming Subdivider and Subdivider's prime contractor as obligees, in the amount of one hundred percent (100%) of the cost of such corrective work, to be held by the Town during such one (1) year warranty period, as a guaranty of performance of any work required under the above-described warranty. In the event any corrective work is performed during the one (1) year warranty period then the warranty on said corrected work shall be extended for one (1) year from the date on which it is completed. The Bond shall be maintained for the entire warranty period. 6. Condition of Public Dedicated Roadways. The Subdivider shall at all times prior to acceptance of any publicly dedicated roadways within the Subdivision by the Town give good and adequate warning to the traveling public of each and every known dangerous condition existent in said roads and shall protect the traveling public from such defective or dangerous conditions. Until the completion of all the Improvements herein agreed to be constructed, roads not accepted as improved shall be under the charge and control of the Subdivider for purposes of this Agreement; and the Subdivider may close all or a portion of any street or road within the Subdivision whenever it is necessary to protect the traveling public during the construction or installation of the Improvements herein agreed to be made. 7. Engineering Certification. Upon completion of portions of the Improvements, Subdivider will cause its engineers (who shall be registered in the State of Colorado) to certify in writing that the installation of the Improvements, or portions thereof as may be completed from time to time, have been completed in conformance with all standards, plans and specifications as submitted to and previously approved by the Town. Inspection reports, test results and other supporting documentation shall be submitted with the certification. 8. Subdivision and Inspection Fees. Fees in accordance with the Town's Subdivision Regulations for the review of Preliminary Plans and Final Plats have been paid in full. Additional fees shall be paid to the Town by Subdivider within thirty (30) days after delivery of written invoice for such fees to cover the cost of inspections by the Town. The fees will be based on direct (out-of-pocket) costs of the Town plus an administrative fee in the amount of fifteen (15%) percent of the direct costs, but in no event will the total amount of such additional fees exceed five percent (5%) of construction costs. x'96832 Page: 4 of 16 514415.8 Sara J Fisher Eagle, CO 89? R 80.00 05/28/2002 p001:52P 9. No Obligation of Town to Complete Improvements. Subdivider agrees that in the event it shall fail to perform its obligations as set forth:herein, the Town shall be under no obligation to complete or perform any of the said Improvements. No one, individually or otherwise, other than the Subdivider, shall acquire, as a result of this Agreement, any rights, claims or obligations from or against the Town, its agents, employees or officers. Actions by the Town against Subdivider to enforce any provision of this Agreement shall be at the sole discretion of the Town. No third parties shall have any rights to require any action by the Town pursuant to this Agreement; and this Agreement shall not create a liability on the part of or be a cause of action against the Town, for any personal or property damage that may result to any third parties from the failure of the Subdivider to complete the Improvements herein specified. 10. Non-Liability of Town; Indemnification. The Town shall not, nor shall any officer, agent, or employee thereof, be liable or responsible for any accident, loss or damage related to the work specified in this Agreement, nor shall the Town, nor any officer, agent or employee thereof, be liable for any persons or property injured by reason of the nature of said work. To the extent permitted by law, Subdivider hereby agrees to indemnify and hold harmless the Town, and any of its officers, agents and employees against any losses, claims, damages or liabilities to which the Town or any of its officers, agents or employees may become subject, because of any losses, claims, damages or liabilities (or actions in respect thereof) that arise out of, or are based upon, any acts or omissions in the performance of the obligations of Subdivider, as hereinbefore stated, but not with regard to any losses, claims, damages or liabilities to which the Town or any of its officers, agents or employees may be subject and resulting from the Town's gross negligence or willful misconduct. Furthermore, Subdivider shall reimburse the Town for any and all legal or other expenses reasonably incurred by the Town in connection with investigating or defending any such loss or claim, unless it is determined that such claim resulted from the gross negligence or willful misconduct of the Town. 11. Rights of Town in Event of Default. In the event that Subdivider defaults in whole or in part in the performance of this Agreement, and after the expiration of thirty (30) days after having given written notice to Subdivider of such default during which period of time the Subdivider failed to correct said default, the Town may, at its sole discretion, proceed with the construction or completion of the Improvements specified on Exhibit A. All such costs paid by the Town for such Improvements, together with all costs of personnel, equipment and other matters expended by the Town in furtherance of the construction responsibilities of Subdivider, shall be paid by Subdivider. Any such costs relating to the Subdivider Improvements, which have not been reimbursed by Subdivider, shall be a lien on any property in the Subdivision owned by Subdivider at the time of default. Said lien may be foreclosed in the same manner as a mortgage and shall entitle the Town to add its costs and reasonable attorneys' fees in such foreclosure or other collection. Without limiting the foregoing, the Town may bring a mandatory injunction action against Subdivider to require installation and construction of the Improvements, if not constructed within the time limits described in this Agreement. If any such action is brought by the Town, the Town shall be awarded its court costs and reasonable attorneys' fees. 796832 514415.8 Page: 5 of 16 11111111111 -11111. 1111 # 05/28/2002 01:52P 0 RA 00 D 0.00 12. Letter Certifvine Completion and Final Acceptance of Improvements. When all Improvements have been completed and accepted by the Town, and the Warranty Period has expired, the Town agrees that it will issue a letter, in recordable form, certifying that all obligations of Subdivider under this Agreement have been satisfied. 13. Amendments. This Agreement may be amended from time to time, provided that such amendment is in writing and signed by all parties hereto. 14. Covenants Running with the Land. This Agreement and the obligations hereof shall be deemed to be covenants running with the land and shall be binding on the successors and assigns of the parties hereto. 15. Acquisition of Property and Non-Liability of Traer Creek. Subdivider hereby discloses and the Town hereby acknowledges that Subdivider does not currently own any portion of the real property shown on the Final Plat for the Subdivision. Subdivider has contracts to acquire portions of the real property covered by the Final Plat contemporaneously with the closing of the HUD Financing from Traer Creek. The Town agrees that Traer Creek shall have no liability or obligation under this Agreement and shall look solely to Subdivider for performance hereunder upon its acquisition of title to any portion of the real property covered by the Final Plat. executed this Agreement as of the date first above written. TOWN OF AVON, a Colorado municipal corporation By: G? M o BUFFALO RIDGE AFFORDABLE HOUSING CORPORATION, a Colorado nonprofit corporation 58 11111111111 Jill 1111111111111111 111111111 Jil7961132 1 Page: 6 of 1E AAPP VE AS TO FORM: To Attorneqy Title: ??c? 'Cn?S??"1-? BUFFALO RIDGE II LLLP,. a Colorado limited liability limited partnership BY: CORUM BUFFALO RIDGE LLC, a Colorado limited liability company, General Partner B - Maa ck, III, Managing r BY: W INTERGREEN HOMES - BUFFALO RIDGE LLC, a Colorado limited liability company, General Partner (!Jeffery Span 1, Manager The undersigned hereby consents to the execution and recording of the Final Plat for the Subdivision and this Agreement. TRAER CREEK LLC, a Colorado limited liability company By: Name: MtAC,? N S U N o4,q ?aK Title: MN AU M 96832 Page: 7 of 16 Sara J Fisher Eagle, 11111111111111111111111111111111111111111111111111111100 VI X 514415.8 STATE OF COLORADO ) lss. COUNTY OF era The foregoing instrument was acknowledged before me this 261 ?[' day of , 2000 D-, by ud? l d as of t o o n of Avon, a Colorado municipal corporation. U Witness my hand and official seal. My commission expires: h''y com'-n ssiL '- `P!!2 ! 'I N STATE OF COLORADO COUNTY OF )ss. ) The foregoing instrument was acknowledged before me this o7 ` day of 200.2 , by S VY? . as o Buffalo Ridge Affordable IId1Y Corporation, a Colorado nonprofit corporation. `????.??, UN . ?? Witness my hand and official seal. z :•NOTAR y': My commission expires: l - a - Nom' P U B L I G Notary Public 796832 SI allrlalll 11111111111111111111 III'l 1111 05/28/2002 01:52P i Fisher Eagle, Co 89 R 80. 00 D 0. 00 ?Ar' n w . 8 514415.8 STATE OF COLORADO ) COUNTY OF )ss. ) The foregoing instrument was acknowledged before me this Q, ` day of 2000- , by James G. Fitzpatrick, III, as Managing Member of Corum Buffalo Ridge LLC, a Colorado limited liability company, General Partner of Buffalo Ridge II LLLP, a Colorado limited liability limited partnership. .,,Iu+,,,II,,,,,. Witness my hand and official seal. My commission expires: y(jR NOTAR),t Q 4- -0 *.PUBLIC.* Notary Public / a?nnnun+++?? STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 6 , 2000? , by Jeffery M. Spanel, as Manager of Wintergreen Homes- Bu alo Ridge LLC, a Colorado limited liability company, General Partner of Buffalo Ridge H LLLP, a Colorado limited liability limited partnership. Witness my hand and official seal. My commission expires: ? oR - A4- Notary Public Sara J Fisher ,,.Y ..U kOo, ?ay I IIIIIIIIIlillll 11 lll?l69 11 ll1, ll?,96832,.=,° :`xoTARY% ,,;.,P U B LI .'e A 9 514415.8 STATE OF COLORADO ) )ss. COUNTY OF EAIn L*. ) The foregoing instrument was acknowledged before me this 2SA-A day of MME , 2002 , by MIMANVS Ur4v"%t.m as ural cm of Traer Creek LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: 1111111111111 796832 Page: 10 of 16 05/28/2002 01:52P Sara J Fisher Eagle, Co 89 R 80.00 D 0.00 10 514415.8 EXHIBIT A Description of Improvements 96832 Illll,lllllllll 1111111111111111111111111111111100 ll?ll??`::. 1] 514415.8 Exhibit A Village (at Avon) Filing 2 Subdivision Improvements Agreement The public Improvements for the Village (at Avon) Filing 2 shall include the following described work: 1. General, including contractor mobilization. 2. Demolition, including the removal of the gate at the westerly property line. 3. Earthwork, which is limited to clearing, excavation and the placement of compacted earth fill within the right of way for Swift Gulch Road. 4. Road Construction, including the preparation of the subgrade, placement of road base, placement of asphalt paving, installation of guardrail, installation of concrete sidewalks, roadway striping and signage and two bus stops for Swift Gulch Road. The preparation of the subgrade, placement of road base and placement of asphalt paving for the bike path. 5. Drainage and Debris Flow Mitigation, including the construction of debris retention ponds, storm water detention ponds, storm sewers, and outlet structures. This work also includes the enclosure of the Nottingham - Puder Ditch into a pipeline. 6. Revegetation & Erosion Control, including erosion control during construction, and reseeding all portions of the Swift Gulch Road right of way disturbed by this construction. 7. Utilities, including the construction of sanitary sewer and domestic water mainlines. 8. Retaining Walls includes the construction of boulder and/or MSE retaining walls within the Swift Gulch Road right of way. 9. Booster Pump Station includes the construction of a temporary, above ground pump station to provide adequate domestic water pressure and required fire flows. In the event that Traer Creek Metropolitan District completes a "loop line" across Interstate Highway 70 connecting the easterly end of the Village (at Avon) Filing 2 water main to the water mains on the south side of the highway in advance of the completion of the first apartment building, this station will not be required or constructed. 10. Construction Management includes the general contractors fee, liability insurance and performance bond. These improvements are more fully delineated on the construction plans on file at the Town Office entitled FINAL PLAN, THE VILLAGE (AT AVON) FILING 2 BUFFALO RIDGE IMPROVEMENTS, dated Sara J Fisher II II IIII IIIIIIY IIII I?IIII IIO 79683??`s.. EXHIBIT B Cost of Improvements IIII II?IIII I II VIII II II9 I?II II p?96?±e?z;°„P 0 0.00 12 514415.10 Wintergreen Homes 2:49 PM 5/24/2002 SIA budget / Sheet2 1 General 1.1 Mobilization subtotal 2 Demolition 2.1 Fence & barricade removal subtotal 3 Earthwork 3.1 Clear & Grub t m 3.2 Topsoil - replace N N 3.3 Excavation ., 3.4 _ Embankment OI N a m m subtotal. .? gz 4' Road Construction 4.1 Subgrade prep. 4.2 Bike path subgrade prep. co 4.3 Class 6 road base . !M!M a 10" d Bike path 4A Asphaltic concrete • a 4" W c 3" bike path t 4.5 Guardrail 4 6 Gu a . ardr il anchorage 4.7 Trailhead parking (included in asphalt 4.8 Striping- N - 4.9 Signs 4.11 Sidewalk (incl prep) 4.12. Bus stop concrete paving subtotal 5 Drainage & Debris Mitigation 5.1 Pond excavation 5.2 Pond embankment 5.3 18" HDPE 5.4 18" RCP 5.5 30" HDPE 5.6 48".HDPE 5.7 60" HDPE 5.8 18" HDPE end section 5.9 30" HDPE end section 1 LS 14, 000.00. $14,000 1 LS 4,753.00 . - $4,753 $4,753 11150 CY 1.47 $16,39t 2000 CY 7.50 $15,000 58548 CY 0.74 $43,033 72254. CY 0.56 $40,180 . 13430 SY 1.30. $17,459 4205 SY 1.30 $5,467 8047 Tons 13.09 $105,300 1245-Tons- 16.06. $20,000 3428 Tons 36:07 $123653 520 Tons 45.38 $23,598 2171 LF. 13.35 $28;987 8 EA 1,000.00 $:8,000 0 LS 0.00 $0 1 LS 17,000.00 $1.7,000. 11 EA 1,200.00 $13,200 10026 SF 6.98 $70,000 5452 SF 6.60 $351965 32942 CY 0.91 $30,000 5504 CY 1.79 $9,860 1233 LF 29.44 $36,301 94 LF 115.17 $10,826 689 LF 69.45 $47,851 379 LF 45.56 $17,268 .304 LF 101.28 $30,789 31 EA 343.16 $10,6.38 1 FA 12cn nn ---_ $11 '1. . Village-( Avon), Filing 2 Subdivision Improvements Agreement - Exhib/t B . Gi77, ? r r r? H > a ., 5.10 48" HDPE end section .2 EA -5.11 Storm manholes .5 'EA 5.12 Inlets - .6 EA 5.13 Riprap 4688 Tons 5.14 Concrete headwalls 2 EA 5.15 Nottingham - Puder ditch a 36" HDPE 843 LF b 6' manholes 5 EA c Slide gate 1 EA d R/R existing 36"end sections 2 EA e Tie to existing 24" RCP 1 EA 5.21 Detention pond outlet structure 6 EA subtotal 6 Revegetation & Erosion Control 6.1 Erosion control . 1 LS 6.5. Silt fence. 1 LS 6.6 Seed &:mulch 5 Acre r ,e m o subtotal "' N c II "o 7 Utilities p a 7.1 Water Main `amm a 12" DIP m m b 12" bends c Fire.hydrant assembly d 4" water service line e Air vac/prv manhole ii 7.2 Sanitary Sewer 'Main I a 8" PVC b Manholes tJ, c Sanitary service lines W subtotal 8 Retaining Walls 8.1 MSE walls w ; 8.2 Wall Excavation 8.3 Wall backfill I 8.4 Boulder retaining wall 4096 LF 11 EA 5 EA 15 EA 1 EA ... 5200 LF 18 EA 15 EA 6289 SF 4100 CY 2500 CY 6289 SF Wintergreen Homes 2:49 PM 5/242002 SIA budget / Sheet2 842.00 '$1'9684 8,060.60 $15,303 2,909.33 $17,456 9.48 $44,427 5,844.50 $11,689 71.31 $60,114 3,664.00 $18.,320 1,000.00 $1,000 1,000.00 $2,000 1,000.00 $1,000 5,407.67 $32,446 2,671.00 9;562.00 3,660.00 35.75 7.45 3;815.80 2,031.93 3,650.00 20.15 2,096.67 964.73 56.44 10.03 8.22 16.38 $2,671 . .$9,562 .$18,300 $146,432 . $82 $19,079 $30,479 $3,650 $,104.762 $37,740 $14,471 $354,935 $41,107 $20,554 $103,034 subtotal 9 Booster Pump Station 9.1 Package (above ground from EFI) 1 EA 100,000.00 $100,000 9.2 Site electrical & concrete 1 EA ' - 25,000.00 $25,000 $519,630 subtotal: $125,000 10 Construction Managemebt 10.1 Insurance, bond & fee 1 EA 9:00% $182,985 subtotal $182,985 796834 Page: 4 of 4 05/28/2002 01:53 - 8ara J Fisher Eagi?, CO 370 R 20.00 0 0.00 '1 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager Gam, From: Norm Wood, Town Engineer Date: June 6, 2002 Re: The Village (at Avon) Filing 1 Proposal / Turner Collie & Braden, Inc. Construction Management/Inspection Services Summary: The attached Proposal from Turner Collie & Braden, Inc., is for Construction Management/Inspection Services for The Village (at Avon) Filing 1, public improvements construction per the Final Plat and Subdivision Improvements Agreement. This proposal was requested in order to provide a level of assurance that construction of the public improvements in The Village (at Avon) are constructed in accordance with the approved plans and construction documents. This outside monitoring is necessary because of the concurrent level of activity occurring with The Village (at Avon) Filing 1 and Filing 2 construction in addition to the Town's capital projects and other daily time demands. In addition the level of inspection and monitoring services provided by the Colorado Department of Transportation is substantially less than was originally anticipated. This reduced level of service makes it even more critical that we utilize the services included in this Proposal. The proposed services include periodic observation of construction activities, material testing review and assurance testing if required, review and evaluation of potential corrections and changes, attendance at construction progress meetings, review of pay request applications, and other related activities as required to support the administration and monitoring of construction activities required by the Final Plat and Subdivision Improvements Agreement. The Estimated cost of these services is not to exceed $78,539.57 without prior written approval. The Town will be reimbursed for the full cost of these services as stipulated in the Subdivision Improvements Agreement. Approval of the Turner Collie & Braden, Inc., Proposal for Construction Management/Inspection Services for The Village (at Avon) Filing 1 public improvements construction in accordance with the Final Plat and Subdivision Improvements Agreement with an estimated cost not to exceed $78,539.57 without prior approval is recommended. L\Engineering\Avon VillageTiling ITinal Plat\Agreernents\TC&13, Inc Proposal MemO.Doc Recommendations: Approve the Turner Collie & Braden, Inc., Proposal for Construction Management/Inspection Services for The Village (at Avon) Filing 1 public improvements construction in accordance with the Final Plat and Subdivision Improvements Agreement with an estimated cost not to exceed $78,539.57 without prior approval. Town Manager Comments: IAEngineering\Avon VillageTiling ITinal Plat\Agreements\TC&l3, Inc Proposal Memo.Doc Town of Avon Village (at Avon) Filing 1 Scope of Services 1. PROJECT DESCRIPTION The Village of Avon - Filing 1 is a commercial project being built North and South of I- 70. Public improvements will be a part of this project. Included in the improvements are the following: Earthwork, which entails clearing, excavation and the placement of compacted fill for the I-70 Interchange and Post Blvd. Road Construction, including the preparation of subgrade, placement of road base, placement of asphalt paving, installation of guard rail, installation of concrete sidewalks, roadway striping and signage. Drainage and debris flow mitigation, including the construction of retention ponds, storm sewers and outlet structures. Re-vegetation and Erosion Control, including measures control during construction, and re-seeding all portions of the right of way disturbed by construction. Utilities, Including the construction of sanitary sewer and domestic waterlines. During the construction of these public improvements, Turner Collie & Braden is pleased to offer the following construction management services: II. CONSTRUCTION MANAGEMENT TASKS A. Construction Management/Inspection Services Provide a Project Engineer with the following construction management and inspection support: 1. Construction Coordination: Attend the Contractors Weekly scheduling meetings where issues which are impacting progress, the cost to complete the work, and significant situations encountered related to the construction of the Project will be discussed. Meeting minutes will be reviewed to evaluate the impact of items discussed, decisions reached, direction given, and actions to be taken. TurnerCollieOBraden Inc. Engineers • Planners • Project Managers 1 2. Review of Construction for Conformance with Plans and Specifications: Monitor the Contractor's construction activities with respect to the contract documents and relevant schedule submittals governing the performance of the work. Coordinate with the designer during construction with recommendations regarding revisions to the plans. 3. Processing of Shop/Working Drawings Submitted by the Contractor: Submittals, design drawings, shop drawings, materials, and test procedures received from the Contractor will be reviewed for conformance to the approved plans. 4. Daily Quality Control Inspection: Perform as-needed quality control inspections of construction activities to document construction activities performed and assessment of conformance with the contract documents. Inspection items will include those identified for the project. 5. Quantity Control: Contractor' pay request will be reviewed for consistency with actual work completed, a synopsis of this review will be forwarded to the Town for its use. 6. Project Documentation: Daily diaries will be completed to document all problems and events that occur during the inspector's time on the project. Diaries will include details of work in progress, labor and equipment utilized, acceptability of materials used, problems encountered, and contacts with or directions issued to the contractor. B. Post Construction Support 1. Completion Inspection and Punch List: Conduct a final inspection with the Contractor upon substantial completion. The result of this inspection is the development of a punch list of remaining and/or outstanding work to be performed by the Contractor prior to final project acceptance. 2. As-Construction Drawings: Review for completeness full sized as- constructed-drawings prepared by the Contractor. 3. Completion Inspection and Close-Out: Following the completion of all punch list items by the Contractor, conduct a final inspection with representatives from the Contractor, to confirm the completion of all work. The result of this inspection will constitute final project acceptance and initiation of the Contractor's warranty period for the work. TurnerCollieOBraden Inc. Engineers • Planners • Project Managers 2 III. DELIVERABLES Deliverables generated during the project will include the following and will be submitted throughout the duration of the project, or at specific dates commensurate with the deliverable: 1. Project correspondence generated and received during the project. 2. The Contractor will be responsible for submitting certifications to the inspector, these will be reviewed and forwarded to the Town of Avon for their records. 3. Construction management records generated including minutes of meetings, project diary, inspection reports, and other documentation as prepared during the course of construction in accordance with The Town of Avon requirements. IV. ADDITIONAL SERVICES Additional construction management services are available if the Town so chooses, they include but are not limited to the following tasks: A. Review of Contractor's Traffic Control Plan During construction, monitor the Contractor's approved traffic control plan for implementation of traffic signing, barriers, and other traffic control measures. Relocations and adjustments to detours will be coordinated with the Contractor, Town of Avon, and other impacted agencies. B. Check Surveying Provide quality control surveying and quantity verifications as needed. (The Contractor is responsible for performing all surveying required to properly lay out and construct the work covered under this contract.) C. Quantity Control Quantities of work elements constructed will be measured and recorded to support the preparation and processing of progress pay estimates to the Contractor. Quantities will be documented in an interim quantity book for tracking of quantities constructed as compared to the original design quantities on the project. Quantities of work will be agreed upon with the Contractor and then reflected in monthly progress payment requests. Assist the Town of Avon in resolving disputes in quantities with the Contractor prior to the preparation of the pay estimate. D. Contaminated Material Notification Monitor construction operations and notify the Town of Avon immediately should contaminated material be encountered or developed TurnerCollieOBraden Inc. Engineers • Planners • Project Managers 3 on the project. When such material is identified, procedures developed by the Contractor to mitigate the problem will be reviewed and a recommendation provided. DESIGN SUPPORT SERVICES Provide design support on an as-directed basis to the Town Engineer and the Town of Avon to provide the following: A. Responses to Contractor Respond to Contractor request for information, field clarifications, and value engineering proposals. B. Design and Documentation New or revised design drawings of specifications as necessary and assist the Town of Avon in the preparation of documentation for contract amendments. C. Cost Estimates Cost estimates for all proposed changes. D. Emergency Field Inspections Designers can perform emergency field inspections on an as needed basis to respond to field conflicts or engineering clarifications. PROJECT MANAGEMENT A. Progress Reports Prepare monthly progress reports for the Town of Avon documenting project progress, conformance with Contractor's schedule, status of change orders, and potential/ongoing problems. B. Change Orders Prepare project change orders and minor contract revisions. C. Project Coordination Track project costs and coordinate project personnel including surveyors and material testers. D. Certified Payroll Review certified payroll documentation provided by the Contractor and conduct random interviews of Contractor employees to determine if the Contractor is in conformance with EEO policies. TurnerCollieOBraden Inc. Engineers • Planners • Project Managers 4 Cost Estimate Project: Location: Firm Name: Name of Preparer: Phone No.: Scope of Work Date: Type of Proposal: Contract Time: Estimated Beginning Date: Village (at Avon) Filing 1 Avon, CO TurnerCollie & Braden Inc. Joseph E. Bair (970) 945-5351 24-May-02 CPM 360 3-Jun-02 Multiplier = 2.915 LABOR DISCIPLINE Hourly Work Name Classification Rate' Hours Total Joseph E. Bair Principal $41.35 320 $13,232.00 Nicholas Senn Project Manager $34.37 320 $10,998.40 Kae McDonald Document Coordinator $17.50 76 $1,330.00 0 $0.00 $0.00 0 $0.00 TOTAL DIRECT LABOR 716 $25,560.40 TOTAL LABOR, INDIRECT COSTS AND FEE (MULTIPLIER 2.915) OTHER DIRECT COSTS (DIRECT NON-LABOR EXPENSES) This number for estimate purposes only, actual costs incurred are billed as directs Reproductions Xerox Copies - B & W 1,200 Each @ $0.10 $120.00 Xerox Copies - Color 0 Each @ $2.00 $0.00 Plan Reproduction 0 SF $0.08 $0.00 Lodging 0 Months $1,200 $0.00 Per Diem 0 Weeks $100 $0.00 Mileage 8,320 Miles @ $0.43 $3,536.00 CADD Time 0 Hours @ $14 $0.00 Deliveries 10 Each @ $15.00 $150.00 Office Supplies 1 Lump Sum @ $25.00 $25.00 Field Supplies 1 Lump Sum @ $100.00 $100.00 Telephone 4 Months $25.00 $100.00 TOTAL OTHER DIRECT COSTS OUTSIDE SERVICES, Vendors Yeh & Associates $0.00 Testing will be billed on a per test basis, not to exceed this amount. subcontract administration @ 10% $0.00 TOTAL OUTSIDE SERVICES COSTS TOTAL CONTRACT COSTS I declare that to the best of my knowledge the statements made on this document are true and complete and that wage rates and other proposed costs on this contract are accurate and complete and include no unallowable or duplicate costs and that I am a Senior Project Manager and a duly authorized representative of the fine of: TurnerCollie & Braden Inc. 1319 Grand Ave. Glenwood Springs, CO 81601 Joe Bair '&?- (Typed Name) gnature) g Mo.,4 o, ooa (D to Signed) $74,508.57 $4,031.00 $0.00 $78,539.57 taskhour Avon Filing #1 PROJECT PERSON-HOUR ESTIMATE Principal Project Project Field Word TOTAL TASK Manager Engineer Inspector Proc. HOURS Task Group 1. Construction Oversight - 1.1 _Coordinatio_n/Weekly meetings _ 80 80 0_ 30 190 1.2 Coordination/Shop drawing & CMO Recommendations 40 40 26 106 1.3 Quality Control Inspection 130 130 0 _ 260 1.4 Review pay requests 20 20 20 60 1.5 'Project Documentation 24 24 48 1.6 Final Inspection and punchlist 20 20 40 1.7 A. built review 6 6 12 Sub Consultants _ 0 - - - 0 -- 0 - _ 0 SUBTOTAL 0 320 320 1 0 76 716 I i 0 0 0 ?- -- - - - SUBTOTAL 0 0 I 0 0 0 0 0 0 -- - 0 - SUBTOTAL 0 0 1 0 0 0 0 I i TOTAL 0 320 320 0 1 76 716 Page 1 .R N O O a N? C tr0 0 O i M m F b9 69 O m V O O m Q O m O O O m >? N A N ? f N O ry 0 m O p O m N N ? n Q N O N O m O O O m N N N a o m N O a m N O m o 0 o m d N N ? m LL O m N N O m N N m O O O m C V N N ? O O N N O N O m 0 O O O m ? N V N N a N o T N A c c O m N N O m N m 0 O O OtO # > O N 0) Z C LL. o m o m m o 0 0 o m N O if N N O N y o m N O o m N O a o 0 0 o m Q N O N ? N o m o m a o 0 0 o m N O O? N N O N y J Q N O N O 0 0 O O O m N J N a O m ? N O m N N m 0 O O O m C d 7 N O N m0 m 0 O O O m T N R N ? O J O 2 = u9 O O CO O m U d U d N C ? N n y C o _ C O 0 ° - m p O h C n d O' 2 °' 01 E maoNm > > UF- UF- ?F wULLLL? A O « C O N d u O m V Y V ( y Z ? Y Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer? Anne Martens, Assistant Tow Engineer ?\ Date: June 6, 2002 Re: Eagle River Recreation Path II Site Resource Management, Inc. - Construction Contract Summary: Three Bids were received in response to our Advertisement for Bids for the Eagle River Recreation Path II Project. The three bids received ranged from $443,275.30 to $639,947.00, with an engineer's estimate of $514,987.00. These Bids are summarized on the attached Bid Summary Sheet. Site Resource Management, Inc., submitted the Low Bid of $443,275.30. We have reviewed the Bid submitted by Site Resource Management, Inc. and find it to be reasonably consistent with the Engineer's Estimate and the other Bids received. We do not see any unreasonable discrepancies in the various unit prices to indicate potential problems or an unbalanced bid. The bid bond submitted with the Low Bid was $10,000, due to a mistake by the Bonding Company. This has been replaced with a bond exceeding the required amount. This provides adequate assurance that the contractor will enter into the contract in compliance with the contract documents. We recommend council accept this non-conformance in the Bid and award the contract to Site Resources Management, Inc., the low bidder. An alternate railing was bid and is recommended as part of the award of contract. The standard railing was a modification to the railing installed on the Nottingham Road Bike Path. The alternate railing that was bid is the same railing that was installed on the Eagle River Recreation Path. The alternate railing will increase the contract amount by $19,168.00 to $462,443.30. The alternate railing will match all of the railing installed on the Eagle County trail system from Arrowhead to Avon. Attached are the railing details. I:\Engineering\CIP\Eagle River Rec II\4.0 Construction Docs\4.4 Construction Contract\Memo Bid Award.Doc The proposed Total Budget for this Project is as follows: Construction Contract (with alt. no. 1) $462,443 Surveying / Mapping $ 11,100 Preliminary Design $ 19,950 Final Design $ 48,530 Contract Administration $ 10,800 Testing Services $ 5,000 Easement - Legal/ Title / Appraisals $ 5,000 Administration $ 5,000 Landscaping ERWSD parcels $ 15,000 Contingency (16%) $112,177 $695,000 This project has received two grants for construction. Eagle County Trails awarded a grant for construction in the amount of $350,000. Colorado State Trails also awarded this project a construction grant in the amount of $136,040. Funding for this project is as follows: Eagle County ECO Grant $350,000 Colorado State Trails GOCO Grant $136,040 Eagle River Water & Sanitation District $ 70,000 TOA $138,960 Total Project Budget $695,000 We recommend approval of the Bid submitted by Site Resource Management, Inc., including Bid Alternate No. 1, in the amount of $ 462,443.30 for construction of the Eagle River Recreation Path H Project. Recommendations: Approve Bid submitted by Site Resource Management, Inc., including Bid Alternate No. 1, in the amount of $ 462,443.30 for construction of the Eagle River Recreation Path II Project. Alternatives: 1. Approve Bid submitted by Site Resource Management, Inc., without Bid Alternate No. 1, in the amount of $443,275.30 with a corresponding increase in Project Contingency Item to $131,345. 2. Reject Low Bid Submitted by Site Resources Management, Inc. due to non-conforming Bid Bond and award Contract to Second Low Bidder, Reynolds Corporation, including Bid Alternate Number 1, in the amount of $545,456.79 with a project contingency of $29,163. I:\Engineering\CIP\Eagle River Rec II\4.0 Construction Docs\4.4 Construction ContractWemO Bid Award.Doc 2 3. Reject Low Bid Submitted by Site Resources Management, Inc. due to non-conforming Bid Bond and award Contract to Second Low Bidder, Reynolds Corporation, in the amount of $529,690.44 with a project contingency of $44,930. Town Manager Comments: I:\Engineering\CIP\Eagle River Rec II\4.0 Construction Docs\4.4 Construction Contract\Memo Bid Award.Doc 0 D r m CO G 1 S D m z m z p O z m O0 D r 00 O D m A z z O O z m D r m Z p p D M m m Z a a O m m O z m 0 0 r O O C > > O v m = c z ? o a w A A (ASS C ? W N C O r T - z o Efl Efl w SN W COo O O O O Efl Efi A A > W ? 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C j7 T w 7'w 7m a• x O- op . -0i-. a 3 m _ N ° m w? w 7 ?O m m'O m a 7 ce m m w ° O n x V D W z c? Q L FTI D m W o (nn ?u N = fn-- Z ? 2 n z in m(n M-0 M n m 0 O N N N n mOz m ?0(AX 0 -nwDO) - f-6 o)O? m? O o x. a x n x D HgAr4 N °>Z , co r o < O m Lf) -' n O D VI x z C•m O D r m rq C-) azD <?co li zvr ? m >02 Z CO 21 -r( A ?J X O-A >z o D < v0 I z m ,1 Z- 0 r E C) m z 0 cm m mI / I1 V - I D ?r cn -? O N o\ ® co m ar u v m o D m ?m u O N ? N D m0 I x m O ?X ? o?^orv O LI;u rn .Zl mID u rn O \ M A r0 m x 0 _p' 2" CLR; X A ? 9 A A x O ? X (-4 0x -4 D V) ?1 N M < o 0 z m D =-I+-4- -,/-- --= ?r m? mX N ? x D ? r ao r O m v 0 -i cu o rl z ? m o r? m LA _6 z _ O mm z r + m ® v a, m r ? O D r N r) m .D V) m c0 0 z ? D r 2 r -1 "r O z m m r- m Memo To: Thru: Honorable Mayor and Town Council Bill Efting, Town Manager '0 ;e'-- From: Norm Wood, Town Engineer ??Ze? Anne Martens, Assistant Town Engineer Date: June 5, 2002 Re: East Avon Access & Circulation Streetscape Improvements Proposal / Terrasan, Planning & Landscape Architecture, Inc. Landscaping Construction Administration Services Summary: The attached proposal for Landscaping Construction Administration Services for the East Avon Access & Circulation Streetscape Improvements was submitted by Terrasan, Planning & Landscape Architecture, Inc. The proposed services will include construction observation, verification of progress and quantity of landscaping material and other related activities as required for efficient administration of the construction project. The proposed costs of these services is not to exceed $6530 without prior written approval. The cost of these services is included in the current Project Budget under Testing Services. The effect of this Proposal is reflected in the following Project Status. Ap proved Project Budget Project Status Construction Contract $2,259,987 $2,259,987 Change Order No. 1 $ 16,234 Change Order No. 2 $ (1,754) Change Order No. 3 $ 1,423 Change Order No. 4 $ 26,120 Engineering Design $ 75,000 $ 75,000 Appraisals $ 35,000 $ 26,500 Legal $ 30,000 $ 30,000 Contract Administration $ 80,000 $ 80,000 Landscaping CA $ 6,530 Testing Services $ 30,000 $ 23,470 Administration $ 15,000 $ 15,000 Easements & R/W $ 349,430 $ 349,430 Contingencies @ 1.5% $ 42,732 $ 9,209 Total Proposed Budget $2,917,149 $2 ,917,149 1AEngineering\CIP\East Avon\2.0 Contract Services\2.8 Contract Admin\2.8.3 Service Contracfferrasan Menio.DOc Approval of Terrasan, Planning & Landscape Architecture, Inc. proposal for Landscaping Construction Administration Services for the East Avon Access & Circulation Streetscape Improvements is recommended with an estimated cost not to exceed $6530 without prior written approval is recommended. Recommendations: Approve the Terrasan, Planning & Landscape Architecture, Inc. proposal for Landscaping Construction Administration Services for the East Avon Access & Circulation Streetscape Improvements is recommended with an estimated cost not to exceed $6530 without prior written approval is recommended. Town Manager Comments: L\Engineering\CIP\East Avon\2.0 Contract Services\2.8 Contract Admin\2.8.3 Service Contract\Terrasan Memo.Doc 2 TERRASAN PLANNING AND LANDSCAPE ARCHITECTURE May 30, 2002 Ms. Anne Martens Town of Avon PO Box 975 Avon, CO 81620 RE: East Avon Streetscapes Phase I / Request for Additional Services Dear Anne: Terrasan is requesting approval of the following additional services to our contract for landscape architectural design for the East Avon Streetscape Project. Terrasan will perform construction observation services as defined below. Terrasan will perform these services on a time and materials basis. 1. Terrasan shall provide construction observation services as requested by the Owner or Engineer. Terrasan shall become familiar with the progress and quality of the work and make certain that the work is proceeding in strict accordance with the requirements and intent of the Construction Documents. Terrasan will prepare and submit to the Owner's representative written reports relating to all field observation. 2. Terrasan shall not be responsible for construction means, methods, techniques, sequences, construction schedule, or procedures in connection with the work, and Terrasan shall not be responsible for the contractor's errors and omissions or failure to carry out work in accordance with the Construction Documents. The estimated hours are: Principal/Project Manager 40.0 hours x $105.00 $4,200.00 Landscape Architect 20.0 hours x $55.00 $1,100.00 Clerical 12.0 hours x $40.00 $480.00 Reimbursable Expense Allowance 750.00 Total $6,530.00 We request approval for additional services in the amount of Six Thousand Five Hundred Thirty Dollars ($6,530.00) including reimbursable expenses. Please sign a copy of this request and return it for our files. 1660 GILPIN STREET DENVER, COLORADO 80218 TEL (303) 331-1717 FAX (303) 331-1815 Ms. Anne Martens/Town of Avon APPROVAL OF ADDITIONAL SERVICES This agreement is made between the client: May 30, 2002 And: f Date G/ 3pt?-Z.-, George M. Piero6) President Date for and on behalf of Terrasan, Planning & Landscape Architecture, Inc. Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager,'?'- From: Norman Wood, Town Engineer //V Anne Martens, Assistant Town Engineer Date: 6/5/2002 Re: Resolution No. 02 - 29, Approving the Final Plat, A Resubdivision of Lot 42 and Lot 43, Block 4, Wildridge, Town of Avon, Eagle County, Colorado (5101 and 5113 Longsun Lane) Summary: TS Properties, Inc., owner of Lot 42 and Lot 43, Block 4, Wildridge, have submitted a Final Plat to resubdivide Lot 42 and Lot 43, Block 4, Wildridge, Town of Avon, Eagle County, Colorado. This is a Land Subdivision of the two undeveloped fourplex lots, creating three duplex-family lots. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends approval of Resolution No. 02 - 29, Series of 2002, A Resolution Approving the Final Plat, a Resubdivision of Lot 42 and Lot 43, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, subject to approval of Ordinance No. 02- 11 approving an amendment of the Wildridge Planned Unit Development for Lot 42 and Lot 43, Block 4, Wildridge and completion of technical corrections to be approved by staff. Town Manager Comments: C0-1 C4V l I:\Eng ineering\Subdivision\W ildridge\L4243B4W R.doc TOWN OF AVON RESOLUTION NO. 02 - 29 Series of 2002 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 42 AND LOT 43, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, ASE, Inc., has submitted a Final Plat for a Resubdivision of Lot 42 and Lot 43, Block 4, Wildridge, Town of Avon, Eagle County, Colorado; and WHEREAS, the Final Plat has been reviewed by the Town Staff; and WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as a Final Plat. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Final Plat for A Resubdivision of Lot 42 and 43, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: Approval of Ordinance No. 02- 11 approving an amendment of the Wildridge Planned Unit Development for Lot 42 and Lot 43, Block 4, Wildridge. 2. The completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF 92002. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Patty McKenny, Town Clerk I:\Engineering\Subdivision\W ildridge\L4243 B4 WRres0229. doc Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager 0 i_ From: Norman Wood, Town Engineer`?& Anne Martens, Assistant Town Engineer Date: 6/5/2002 Re: Resolution No. 02 - 30, Approving the Final Plat, A Resubdivision of Lot 10 and Lot 11, Block 2, Wildridge, Town of Avon, Eagle County, Colorado (2877 and 2861 O'Neal Spur) Summary: Dantas Builders, LLC, owner of Lot 10 and Lot 11, Block 2, Wildridge, has submitted a Final Plat to resubdivide Lot 10 and Lot 11, Block 2, Wildridge, Town of Avon, Eagle County, Colorado. This is a Land Subdivision of two undeveloped Duplex lots, creating three Single Family Lots. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends approval of Resolution No. 02 - 30, Series of 2002, A Resolution Approving the Final Plat, a Resubdivision of Lot 10 and Lot 11, Block 2, Wildridge, Town of Avon, Eagle County, Colorado, subject to approval of ordinance No. 02- 12 approving an amendment of the Wildridge Planned Unit Development for Lot 10 and Lot 11, Block 2, Wildridge and the completion of technical corrections to be approved by staff. Town Manager Comments: ,L Go-1 cWoo, I:\Engineering\Subdivision\Wildridge\L1011 BMR.doc TOWN OF AVON RESOLUTION NO. 02 - 30 Series of 2002 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 10 AND LOT 11, BLOCK 2, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Dantas Builders, Inc. has submitted a Final Plat for a Resubdivision of Lot 10 and Lot 11, Block 2, Wildridge, Town of Avon, Eagle County, Colorado; and WHEREAS, the Final Plat has been reviewed by the Town Staff, and WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as a Final Plat. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Final Plat for A Resubdivision of Lot 10 and Lot 11, Block 2, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: Approval of Ordinance No. 02-12 approving an amendment of the Wildridge Planned Unit Development for Lot 10 and Lot 11, Block 2, Wildridge. 2. The completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF 92002. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Patty McKenny, Town Clerk 1:\Engineering\Subdivision\Wildridge\L1011 B2WRres0230.doc Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager ?- From: Norman Wood, Town Engineer Anne Martens, Assistant Town Engineer Date: 6/5/2002 Re: Resolution No. 02 - 31, Approving the Final Plat, A Resubdivision of Lot 47 and Lot 48, Block 1, Wildridge, Town of Avon, Eagle County, Colorado (2420 and 2430 Saddle Ridge Loop) Summary: Tom Marcin and Dantas Builders, LLC., owners of Lot 47 and Lot 48, Block 1, Wildridge, have submitted a Final Plat to resubdivide Lot 47 and Lot 48, Block 1, Wildridge, Town of Avon, Eagle County, Colorado. This is a Land Subdivision of two undeveloped duplex lots, creating three single-family lots. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends approval of Resolution No. 02 - 31, Series of 2002, A Resolution Approving the Final Plat, a Resubdivision of Lot 47 and Lot 48, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, subject to approval of Ordinance No. 02 - 13 approving an amendment of the Wildridge Planned Unit Development for Lot 47 and Lot 48, Block 1, Wildridge and the completion of technical corrections to be approved by staff. Town Manager Comments: Co-7 6- Yv I:\Engineering\Subdivision\Wildridge\L4748B1 WR.doc TOWN OF AVON RESOLUTION NO. 02 - 31 Series of 2002 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 47 AND LOT 48, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Tom Marcin and Dantas Builders LLC., have submitted a Final Plat for a Resubdivision of Lot 47 and Lot 48, Block 1, Wildridge, Town of Avon, Eagle County, Colorado; and WHEREAS, the Final Plat has been reviewed by the Town Staff, and WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as a Final Plat. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Final Plat for A Resubdivision of Lot 47 and Lot 48, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: Approval of Ordinance No. 02 - 13 approving an amendment of The Wildridge Planned Unit Development for Lot 47 and Lot 48, Block 1, Wildridge. 2. The completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF ATTEST: Patty McKenny, Town Clerk , 2002. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor I:\Engineering\Subdivision\Wildridge\L4748B 1 WM-es023 Ldoc Memo To: Honorable Mayor and Town Council Thni: Bill Efting, Town Managerv' From: Ruth Borne, Community Development Director"' Tambi Katieb, Planner II Dale June 5, 2002 Re: Amendment to the Lot C PUD Employee Housing Deed Restriction Summary Mountain Valley Developmental Services, Inc ("Mountain Valley") is a Colorado non-profit corporation and a designated Community Services Board providing services for developmentally disabled persons of all ages pursuant to the provisions of Article 10.5 of Title 27 of the Colorado Revised Statutes. Currently, the Lot C Deed Restriction Agreement ("Agreement") for the 20 units located at Sheraton Mountain Vista does not allow for Mountain Valley to be considered as a qualified buyer. Therefore, we are proposing an amendment to the Agreement to allow Mountain Valley to purchase these units for the benefit of persons with developmental disabilities. Jim McKnight of Points of Colorado has consented to this change as evidenced by the attached correspondence. Mountain Valley is interested in purchasing (3) studio units. The revision to the Agreement will allow the Town to facilitate providing housing for developmentally disabled persons. Recommendation Staff recommends that you approve Resolution 02-32, amending the Lot C Deed Restriction Agreement to allow Mountain Valley Developmental Services to purchase several units for the benefit of program clients. Town Manager Comments G6nc a ? 1 ? x, 5 Attachments: A - Resolution 02-32 B - Letter from Jim McKnight C - Overview of Mountain Valley Developmental Services Memo to Town Council, June 11, 2002 Page 1 of 1 Re: Resolution 02 -32, An Amendment to the Master Deed Restriction Agreement for the Lot C PUD TOWN OF AVON RESOLUTION NO. 02-32 SERIES OF 2002 A RESOLUTION AMENDING THE MASTER DEED RESTRICTION AGREEMENT FOR LOT C PUD ("Mountain Vista Resort "), AVON CENTER AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Lot C PUD Zoning and Development Plan for Mountain Vista Resort, Avon Center at Beaver Creek Subdivision (hereinafter referred to as "Mountain Vista") approved by Ordinance 98-21 and Ordinance 00-02 included a requirements for 20 employee deed restricted housing units provided by the property owner, Points of Colorado, Inc; and WHEREAS, the Town of Avon has already adopted and entered into a master deed restriction for the Lot C project on April 24, 2001 through Resolution 01-08 as required that includes provisions for selling and leasing the 20 employee housing units, and that constitute covenants running with the real property and are specifically enforceable by the Town; and WHEREAS, the Town of Avon may amend the Deed Restriction Agreement to allow Mountain Valley Developmental Services, Inc., a Colorado non-profit corporation, to purchase several of these units for the benefit of persons with developmental disabilities. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF AVON, that the Deed Restriction Agreement For The Occupancy, Rental, And Resale of Units by the Town of Avon and Points of Colorado, Inc. is hereby amended with the following provision: Article 2 entitled Sale and Transfer of Units 2.1 Declarant and all subsequent owners shall restrict the sale and transfer of the Units to "Qualified Buyers," as defined as follows: Add subsection (f): L Mountain Valley Developmental Services, Inc., a Colorado non-profit corporation and a designated Community Centered Board which assists developmentally disabled persons in obtaining normal residential surroundings in furtherance of the policy of the State of Colorado as set forth in C.R.S. 30-28-115 (2)(a), is considered a qualified buyer by the Town of Avon with the following stipulations: i. So long as Mountain Valley owns a unit, each unit shall be used and occupied by developmentally disabled persons receiving services from Mountain Valley, and/or by one person then employed by Mountain Valley and providing assisted living services to the developmentally disabled residents. Whenever possible, such clients shall be employed in Eagle County, and shall work at least 30 hours per week on an average annual basis. Clients utilizing these units shall also meet the income qualifications as stated in Article 2, subsection (c). ADOPTED THIS 11TH DAY OF JUNE 2002. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Patty McKenny, Town Clerk 06/05/02 17:28 FAX 4072393159 MCKNIGHT FAX Jun-05-2002 13:50 From-TOWN OF AVON COMMUNITY DEVELOPMENT 6709495749 Town of Avon Community Development PO Box 975 Avon, CO $9620 Voice 970.748.4030 Fax 970.949.5749 To: \JIK4 From: K Fax: Pages: Prone; Date: 16001 T-517 P.001/003 F-055 AVO-K C O L 0 R A D 0 Includes Cover Sheet Re: CC: ? urgent ? For Review ? P!®ase Comment ? Please Reply ? As Requested • Cownments: 1`, Q rq : ? a>:?`C1 C?IJ D 2 WA CT-A % 97o • 944. 6'140J AEGEIVED J U N 0 5 2002 J. WKNIGHT OVERV><rw OF PROGRAM Mountain Valley Developmental Services was formed in 1973 by a group of parents and volunteers, and was incorporated as a non-profit in 1975 and designated as a Community Center Board for the state of Colorado. Mountain Valley has since grown into a comprehensive organization, which provides a broad array of services to children and adults with developmental disabilities. Mountain Valley currently provides services within the l'ollowing program areas within Eagle County: Case Management and Support services: eligibility detennination under the provisions of CRS 27-10.5; evaluation; the development of the Individualized Plan, case coordination, and monitoring of services; transportation services or coordination; coordination and monitoring of medical and dental needs and care specialized therapies including physical therapy, speech therapy, and occupational therapy; resource coordination to assist persons served and families in accessing other services to which they may be entitled; assistwicc with the preservation of legal rights. Family Support services: assistance in accessing entitlements and resource coordination; direct financial assistance for food, shelter, and medical care; purchase of respite, after school and clay care; an array of supportive services specifically designed to prevent out of home placement of children identified to be at risk of placement. Early Intervention services: assist families through the mitigation of an array cif e1'Fecls which could potentially occur as a result of a child's developmental delays; reduce costs to school districts. Adult Vocational and Day Activity services: provide persons with disabilities with opportunities to become productive wage earners; provide persons served with opportunities for inclusion within recreation, social, and civic activities within their home community; assist persons with disabilities in accessing the full array of supports to which they may be entitled; assist with the preservation of legal rights. Adult Residential services: provide persons with disabilities with skills and supports which result in opportunities for independent living within their home community and promote inclusion within the array of life activities available within the community; provide housing to persons with developmental disabilities within an array of community integrated residential sites including; group homes, host homes, supported living, and personal care alternatives; monitor and coordinate the nutritional, medical, and dental needs of persons served. Supported Employment: provides the opportunity to work in a variety of integrated settings, which are located throughout the community. Individuals served receive training related to job development of specific skills necessary to fulfill the requirements of the job. The job also provides assistance with the development of appropriate interpersonal relationships with co-workers, the use of community support systems, the use of public transportation and/or car pools, and access to recreation and social activities. 7n' A ) nn' oni ac : cT 7n . cn Nnr FgVq-qVF)-nJ 6: a T SAS Al 19 )ATV (1 N1W Individualized placements in community settings are obtained and maintained through intensive on-the-job training and necessary ongoing support services are provided with the assistance of.iob coaches. NEED FOR UOUSING: It is a high priority to expand our residential services in the Avon and L'agle areas. We would like to purchase additional housing units to facilitate supported living for mare people. We want to expand services for assistance with independent living, leisure and recreation activities. We au•e currently serving seven individuals iii cn?r residential program. Mountain Valley has approximately 10 people on our waiting list for services than will need housing over the next 5 years. Employee housing is a continuing concern for all employers in the valley. One of our increasing concerns witlri expansion of services in the Lag,lc area is making sure we have the work force to support the program. Housing for employees as well as the individuals we serve would be very beneficial to our success. We are hoping that your proiect will give us the opportunity. Another issue that our agency is facing is a lawsuit that is currently pending. Several people on the waiting list are suing the State of Colorado for services. If the state loses this lawsuit our agency will be mandated to serve the waiting list individuals in a very short period of time. Similar lawsuits have been tiled in several other states. Two of those have been settled in favor ol'the plaintiff. (%n • i i nn • nhi 3 C' - c T 7n cn Kin r FQtto-ct k-n) F: R T qAq A'q(T A q_1_1HA N I W