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TC Council Packet 04-11-2006TOWN OF "ON, COLORADO REGULAR COUNCIL MEETING FOR TUESD"=APRIL 11 2006 AvON MUNICIPAL BUILDING, 400 BENCHMARK ROAD REGULAR COUNCIL MEETING AGENDA MEETING BEGINS AT 5:30 PM 1. CALL TO ORDER AND ROLL CALL 2' APPROVAL OFAGENDA S. DISCLOSURE OF POTENTIAL CONFLICT UFINTEREST 4. CITIZEN AND COMMUNITY INPUT a. American National Bank Check Presentation for Title Sponsor to Salute to the U.S.A. 5. EAGLE VALLEY HIGH SCHOOL 2006 PROJECT GRADUATION, (Debbie Comerford) Request for bus service for this event 6' ORDINANCES m. Public Hearing on Ordinance 08-01. Series of 2006, First Reading. An Ordinance Approving An Amendment To l[heVVi|dhdge Planned Unit Development (PU[}) For Lot 44And Lot 45, Block 4, VVi|d[idge Subdivision, Town of Avon, Eagle County, [|o|Or8dO (Matt He|stioker. Planner, and Tombi Ketieb, Community Development Director) This PUD amendment is a request to allow for three (detached) single-family residences in place of two duplex structures; location is 5123 & 5129 Long Sun Lone. This application was remanded back tothe Planning &Zoning Commission on January 24,2006 b. Ordinance No. 00-05. Series of 2006. An Ordinance Amending Chapter 8.32.Title 8. Avon K8UOidp8| COde, Relating TO The Protection Of Wildlife And Providing P8O8NeS For The Violation H8[Of (John Dunn. Town Attorney) Proposed revisions to the existing ordinance intended to help with enforcement of this legislation 7' RESOLUTIONS a. Resolution No. 00-00. Series of 2006, Resolution Denying the Amendment to theVVi|dridge Planned Unit Development for Lot 44 & Lot 45, Block 4, VVi|dFidge Subdivieion, Avnn, Eagle County, Colorado (Matt Pie{aUckor. Planner) This PUD amendment is a request to a||ovv for three (detached) single-family residences in place of a two duplex structures; location is 5123 & 5129 Long Sun Lone. The resolution is provided to Council for denial of the application on first reading of the Ordinance b. Resolution No. 00-05, Series of 2006, /\ Resolution Denying Preliminary Subdivision Plan For /\ Reoubdivieion Of Lots 44 & 45. Block 4. \8/|dhdge. Town Of Avon, Eagle County, Colorado (Norm Wood, Town Engineer) Resolution related to the PLID Amendment for Lots 44 & 45; final action on the plan should correspond with final action on the PUDAmendment b. Public Hearing on Resolution O0-14.AResolution Approving Preliminary Subdivision Plan for The Village (at /\VOO) Filing 4, Town of Avon, Eagle County, CO|OrgdO (Norm Wood, Town Engineer) Tnaer Creek RP LLC'o application will create a right-of-way for the installation of a water service main and future public road, a site for a two million gallon potable water storage tank and drainage easements for natural steam flow & wetland mitigation 8. hJEVVBUSINESS u. Eaglebend Affordable Housing Corporation, Capital Request for Housing Improvement (Gerry Flynn, Polar Star Properties) Request for funds to enhance affordable housing units directly across the street from the Gates project 9. OTHER BUSINESS Y0' UNFINISHED BUSINESS Avon Council Meeting. 06.04.11 Page aof4 TOWN OF "ON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, APRIL 11 2006 AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD REGULAR COUNCIL MEETING AGENDA MEETING BEGINS AT 5:30 PM 11. TOWN MANAGER REPORT 12. TOWN ATTORNEY REPORT 13. MAYOR REPORT 14. FUTURE AGENDA ITEMS: PLANNING & ZONING COMMISSION APPOINTMENTS, EAST AVON DEVELOPMENT PLAN COMMUNITY WORKSESSION, DESIGN WORKSHOP ECONOMIC ANALYSIS OF PROPOSED MAIN STREET IMPROVEMENTS 15. CONSENT AGENDA a. Minutes from March 14, 2006 Meeting b. Service Agreement with Beaver Creek Metro District (Bob Reed, Transit Director) c. Presenting Sponsorship Agreement for American National Bank -Salute to U.S.A. 16. ADJOURNMENT Avon Council Meeting. 06.04.11 Page 4 of 4 V To: The Honorable Mayor and Town Council From: Robert Reed, Director of Transportation & Public Works Jane Burden, Operations Superintendent Thru: Larry Brooks, Town Manager Date: April 3, 2006 Re: "EVHS 2006 Project Graduation" donation of bus service Summary: Attached is a copy of a letter sent by the Eagle Valley High School Project Graduation Committee requesting a donation of one Town of Avon bus and two bus drivers for the evening and early morning of May 17th, 2006 and May 1 Sth, 2006. One bus and driver for the Town of Avon and one bus driver for the donated Beaver Creek bus. These buses would transport the graduating seniors from Boon Docks in Thornton, Co. to the Eagle County Fairgrounds for dancing and breakfast, then back to Eagle Valley High School. Previous Council Action: This is the first year that this request has been brought before council. Background: Currently ECO Transit has committed to providing two buses and two drivers for this event. Beaver Creek has also donated a bus but no driver. The donated Beaver Creek bus would be driven by a Town of Avon driver due to the Commercial Driving licensing requirements. Under the Charter or Scenic Bus permit #CSB -93, granted by the PUC to The Town of Avon, we are legally able to provide this service. Discussion: For both the transportation and fleet maintenance departments this trip would require us to prepare two buses for a trip over two mountain passes and into the Denver metro area. Drivers would have to be selected that are familiar with the Denver metro area and "over the road" experience. Supervisory staff will need to be on call in the event of any mechanical, weather, or guest problem. The project graduation committee should plan on chaperones for each bus coming from the Denver metro area. With the proper preparation as noted above, this "surprise" event will provide a safe, fun environment for the graduating seniors of Eagle Valley High School. Mar 23 06 04:24p Allison Parrish 970 - 328 -7202 p.2 rte` 2-0-0-6 EMS Project Graduation March 23, 2006 Jane Burden Town of Avon Transit Town Board Members Avon, CO 81620 To Whom It May Concern. On behalf of the Eagle Valley High School Project Graduation Committee, we thank you for the consideration in providing us with transportation for our senior students. We are in need of one additional bus and 2 additional drivers for the final part of the project graduation evening. With out your help this night for the graduating seniors will not be a success. ECO Transit has graciously donated 2 busses and 2 drivers, in addition Beaver Creek Transit has also graciously donated i bus (no driver), The final bus and 2 additional drivers, is where we need your help. We are asking that the additional bus would meet us at Boon Docks (North 1 -25 in Thornton, CO) at 10,00pm on May 17th and transport our kids to the Eagle County Fairgrounds for a dance and breakfast that should end between 3:00 and 3:30am on May 18th, then back to our final destination at Eagle Valley Nigh School before 4:00am. Bill Simmons has requested that Jane Burden give him a call to make the necessary arrangements, he can be reached at 970 -477 -6907. We would also like to extend the invitation to the drivers to meet us at Boon pocks early, we hope to be there by 7 :00pm, and we would gladly treat them to dinner and an opportunity to be a kid with the rest of our kids. As an added bonus they are welcome to join in on breakfast and the activities planned at the fairgrounds. Again we greatly appreciate yaw generosity in helping us make sure our kids are safe and have an adventure they will new forget. Please remember that every pant of this event is a surprise for our seniors and we are grateful in your help of keeping it that way. If you have any questions at all please don't hesitate calling Debbie Comerford at 970 -471- 4321. Sincerely, Debbie Comerf , Co- President Missy Force, Representative EAk'l',,l Ih, ALLF Y C 0 L 0 R A D 0 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Matt Pielsticker, Planner I 7�2�� Tambi Katieb, Community Development Direct Date: March 31, 2006 Re: First Reading of Ordinance 06-01, Ecker PUD Amendment— Lot 44 & Lot 45, Block 4, Wildridge Subdivision (512315129 Longsun Lane) PUBLIC HEARING Summary: The applicants, Sam Ecker and Bruce Baca, are requesting an amendment to Lots 44 and 45, Block 4 of the Wildridge PUD to permit 3 detached single-family residences. The subject properties are currently zoned to allow for a total of four (4) dwelling units, with two dwelling units assigned to each lot. The current entitlements permit the construction of either one single-family structure or one duplex structure on each property. There are currently two single-family homes constructed. Lot 44 contains 1.15 acres with a 4,900 square foot home that was constructed in 1995, and lot 45 measures approximately .94 acres with a 3,200 square foot home built in 1992. This amendment would permanently reduce the density for the properties by one (1) dwelling unit and create a new lot for a potential third single-family residence. Vehicular access to the new proposed lot (referenced as Lot 44B) is from Wildridge Road East as opposed to using one of two existing access points on Longsun Lane. At their December 20, 2005 meeting, the Planning and Zoning Commission unanimously recommended denial of the PUD amendment through Resolution No. 05-14. On December 30, 2005 staff received a letter from the applicant requesting a tabling from the regularly scheduled January 10, 2006 meeting in order to give time to respond to concerns brought by the Planning Commission. This application was tabled by the Town Council at their January 10, 2006 meeting until the next regular meeting on January 24 meeting. At the Council's first review of this application on January 24, 2006 the applicant attempted to present new information (revised drawings) to Council. Prior to reviewing the supplemented information and with the knowledge that the Planning Commission had not been privy to this new information, the application was remanded back to the Planning Commission for further review and consideration. The Planning Commission re-reviewed the applicant's slightly revised submittal at their March 7, 2006 meeting, and again at their March 21, 2006 meeting. Between these two meetings the applicant presented further information on the 'undevelopable' area of the proposed Lot 44B, and staff presented an aerial photograph to help determine other lots in the area where a comparable application could be sought. The most recent PUD submittal as well as the aerial photograph showing remaining development rights in the area is attached for your review. Changes to the PUD Amendment since first Commission review in December were limited to the following: building envelope shifted east and out of 40% slopes, a 5,000 square foot (excluding garage) maximum building size was applied to the new Lot 44B, and the 'Non-Developable' areas were further defined. After further review and discussion, the Planning and Zoning Commission reaffirmed their previous action, recommending denial to Council. With this reaffirmation the Commission added a finding that the application failed to prove a hardship was warranted for the third single-family residence. The motion passed with a 4-3 vote. Recommendation: Staff is recommending approval of Resolution 06-06, thereby denying this application on first reading of Ordinance 06-01. Discussion: While staff agrees that the proposed development would generally be compatible with surrounding development in terms of density and construction type, it is difficult to find a benefit to the community with this zoning amendment. The Planning and Zoning Commission found this application in conflict with several Policies of the Comprehensive Plan, as outlined in the attached staff report and Resolution 05-14. In addition, this application appears to conflict with some of the mandatory PUD review criteria as set forth in the Avon Municipal Code. At their December 20, 2005 meeting, the Planning and Zoning Commission approved Resolution 05-14 recommending denial of this application, and later reaffirmed this Resolution with an additional finding. Attached to this memo is Resolution 05-14 forwarded to you by the Planning and Zoning Commission for review, the staff report to Planning & Zoning Commission that reviews in detail the application proposed, as well as a narrative and reduced copy of the proposed PUD Amendment provided by the applicant. Staffs "remaining development rights" aerial is also attached as Exhibit H. • Page 2 April 11, 2006 Town Council Meeting First Reading Ordinance 06-01, Ecker PUD Amendment H Available Actions: The following options are available for action on this application: 1) Approve First Reading of Ordinance 06-01 2) Table on First Reading of Ordinance 06-01 3) Deny on First Reading of Ordinance 06-01, approving denial of the application through Resolution 06-06. Town Manager Comments;, A\ Attachments: A. Ordinance 06-01 B. Resolution 06-06 C. Planning and Zoning Commission Resolution 05-14 D. Staff Report dated December 12, 2005 E. Revised PUD Site Plan, dated March 22, 2006 F. Original PUD Site Plan, dated December 14, 2005 G. Planning Commission December 20, 2005, March 7 & March 21, 2006 Meeting Minutes H. Available Development Rights Aerial - Block 4, Wildridge • Page 3 April 11, 2006 Town Council Meeting First Reading Ordinance 06-01, Ecker PUD Amendment a- t TOWN OF AVON ORDINANCE NO. 06-01 SERIES OF 2006 AN ORDINANCE APPROVING AN AMENDMENT TO THE WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR LOT 44 AND LOT 45, BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Sam Ecker, has applied for an amendment to the Wildridge PUD to permit three (3) single - family lots on Lots 44 and 45, Block 4, Wildridge Subdivision, as more specifically described in the application dated November 11, 2005; 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 December 20, 2005, March 7, 2006, and March 21, 2006 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 recommendation for denial on the PUD application to the Town Council of the Town of Avon through Resolution 05 -14; and WHEREAS, after notices provided by law, this Council held a public hearing on the day of , 2006, at which time the public was given an opportunity to express their opinions regarding the proposed PUD Development Plan; 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: 0 1. The hearings before the Planning & Zoning Commission and the Town Council were complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. That the PUD Plan is consistent with the goals and objectives of the Town's Comprehensive Plan, and is compatible with surrounding neighborhood and 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 44 and 45, Block 4 from two duplex structures to three (3) single - family lots (Lots 44A, 44B, and 45A) as more specifically described in the application dated November 11, 2005 is hereby approved, subject to concurrent approval of a preliminary plan subdivision and associated technical corrections. I INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of , 2006, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of, , 2006, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2006. ATTEST: Town Clerk Town of Avon, Colorado Town Council Mayor r_W9acz•1►ija]r.�r� Town Attorney T WN is i PLANNING & ZONING COMMISSION A RESOLUTION RECOMMENDING DENIAL OF A PUD AMENDMENT APPLICATION AMENDING THE WILDRIDGE PUD, LOTS 44 & 45, BLOCK 4, WILDRIDGE SUBDIVISION, AS MORE SPECIFICALLY DESCRIBED IN THE APPLICATION DATED NOVEMBER 11, 2005. WHEREAS, Sam Ecker has filed an application to amend the existing Planned Unit Development ( "PUD ") for the Wildridge PUD; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning and Zoning Commission of the Town of Avon were provided as required by law; and / / HEREAS, said application fails to comply with the following Town of Avon Comprehensive Plan's Policies, as required by section 17.20.110h(1) of the Avon Municipal Code: Policy A1.3 Flexible zoning such as PUD should be encouraged where it results in more effective use of land. However, such flexible zoning will only be allowed where it provides a benefit to the community and is compatible with surrounding development. Variations from standard zoning must be clearly demonstrated, and will be permitted only as needed to achieve effective development. 2. PolicyAL6 Land for open space should be preserved throughout the community, particularly on steep slopes and other environmentally sensitive areas. 3. Policy A3.7 Steep slopes in and around the community should be designated and preserved as open space wherever possible. 4. Policy F1.2 Development shall not be allowed on steep hillside areas vulnerable to environmental and visual degradation. 5. Goal C1. Provide for diverse, quality housing to serve all economic segments and age groups of the population. F: (Planning & Zoning CommissionIResolutions�20051Res 05-14L44&45 B4 WR Ecker PUD Amendment.doc WHEREAS, said application fails to comply with the following PUD review criteria set forth in Section 17.12.110 of the Avon Municipal Code, including the following: 1. The site plan, building design and location and open space provisions fail to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 17.20.11 Oh(6). 2. Functional and aesthetic landscaping and open space are not maintained in order to optimize and preserve the natural features of the sites. 17.20.110h(8). 3. Apparent conflicts with the requirements contained within the design guidelines of the Town. 17.20.1 l Oh(2). WHEREAS, this PUD Amendment fails to provide evidence of compliance with the public purpose provisions outlined in Section 17.28.085 of the Municipal Code, WHEREAS, this PUD Amendment has failed to prove that a hardship is warranted for a third single- family residence, NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends denial to the Town Council for the amendment of the Wildridge PUD, Lots 44 & 45, Block 4, Final Plat, Replat Number Two, Wildridge Subdivision, application dated November 11, 2005 with the following conditions: ADOPTED AND REAFFIRMED THIS 21st DAY OF MARCH, 2006 Signed: Chris Evans, Chair Attes Phil Struve, Secretary Date:Z3 Date: F:Tlanning & Zoning CommissioniResolutions120051Res 05 -14 L44 &45 B4 WR Ecker PUD Amendment.doc Ump Staff Report PUD Am endment VON December 20, 2005 Planning & Zoning Commission meeting Report date Project type Legal description Current zoning Address Introduction December 12, 2005 AMENDMENT to the WILDRIDGE PUD Lot 44 & Lot 45, Subdivision PUD (4 units - 2 Block 4, Wildridge Duplexes) 5123 & 5129 Longsun Lane Sam Ecker and the Baca's (Bruce and Susan) are proposing an amendment to Lot 44 and Lot 45, Block 4 of the Wildridge PUD to permit three detached single-family residences in place of two duplex structures. There are currently two single-family residences constructed. This amendment would permanently reduce the density for the properties by one dwelling unit, and a new lot would be created for the third single- family residence. Vehicular access to the new lot would be from Wildridge Road East as opposed to using one Of two existing access points on Longsun Lane. The two subject properties are currently zoned to allow for two (2) duplex structures, or a total of four (4) dwelling units. The details of the proposed access, site design, and compatibility with adjacent land uses are discussed later in the report. It is important to note that this PUD application is being reviewed in conjunction with a preliminary subdivision plan. The proposed PUD amendment would create a new access, reduce the overall density by one dwelling unit, and create a new lot for the development of a single-family residence. Some of the features of the amendment include: • Proposed: Lot 44A: Existing Single-Family Residence owned by Bruce & Susan Baca Lot 45Ai Existing Single-Family Residence owned by Samuel Ecker Lot 4413: Newly created lot zoned for one (1) Single-Family Residence. The Building Envelope measures approximately 15,200 square feet, or 190'x 80'. Height Restriction on Lot 4413: 25' in the rear of the property and 35' elsewhere. Setbacks: 25' front, 10' rear Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meeting Page 2 of 9 • Lot 44B would be accessed from Wildridge Road East. • Creation of a platted building envelope. • Vacation of Property Line, Easements, and Platted Setback Lines. Staff Recommendation Staff recommends DENIAL of the proposed PUD amendment and preliminary subdivision for the following reasons: (1) added site disturbance; (2) failure to advance or meet the Public Benefit Criteria; and (3) conflict with adopted policies of the Comprehensive Plan. This will be a Public Hearing, as required by Section 17-20.100 of the Avon Municipal Code. Background & Discussion Benchmark Properties created Wildridge Subdivision in 1979 shortly after the incorporation of the Town of Avon on February 28, 1978. According to the Wildridge Final Plat application for Wildridge and Wildwood Subdivisions, the overall development concept was for "abundant open space recreation areas around lots" with a density of "barely one dwelling unit per acre". The land was identified with no particular hazards for development except in areas with slopes of 40%. The development plan recognized that lot sizes are a function of land slope, buildable area and road access; smaller lots are concentrated on lesser slopes with easy access and larger lots are on steeper slopes where buildable area and access are more restricted. In 1981, the Wildridge Subdivision was completely replatted with a total of 849 planned development units and is the foundation of the current zoning in Wildridge. Over the years, there have been several PUD Amendments and transferring of development rights. Recently, there have been several PUD Amendments in Wildridge Block 2 and one major Amendment in Block 4 wherein development rights have been altered and replatted. The most recent Amendment in Block 4, "Western Sage", converted four properties with a combined total of eleven (11) dwelling units into eight (8) single-family home sites. One major difference with this application and past PUD Amendments that the Town has reviewed is that the subject properties are partially developed, whereas the previous Amendments were undeveloped giving them greater flexibility in lot line locations, access options, and resulting building locations. Existing Conditions Lot 44 1.15 acres with a log constructed single-family home of approximately 4,900 (including garage area) square feet in size. The home was constructed in 1995. The property drops considerably below the home down to Wildridge Road East with native sage brush vegetation. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 RM Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meeting Page 3 of 9 X Lot 45 Property is .94 acres and the home is constructed with predominately wood siding and totals approximately 3,200 square feet. This home was built in 1992 and the lot shares many of the same characteristics as Lot 44, with steep grades dropping from the back of the home to where it meets up with Wildridge Road East. As with many of the neighboring properties on Longsun Lane, much of the lower portions of these two lots are covered in native sage brush and most of the grades Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 VD j Lot 44145, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meeting Page 4 of 9 equal or exceed 40% slope on the lower portions below the existing homes. After review of one of the original address maps for the Wildridge PUD, it appears that access from either Longsun Lane or Wildridge Road East was contemplated for both properties. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110 (h), the following shall be used as the principal criteria in evaluating a PUD Amendment application. 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. Conformance with the Town of Avon Comprehensive Plan Goals and Objectives. The fundamental reason for having a Comprehensive Plan is to communicate where and how land uses may and will occur in the Town. The land use plan is based upon these goals and polices. Implementation is through annexation, subdivision and zoning regulations. This proposed PUD Amendment satisfactorily complies with some of the policies, but fails compliance with the following goals and polices of the Town Comprehensive Plan: Policy A1.3 Flexible zoning such as PUD should be encouraged where it results in more effective use of land. However, such flexible zoning will only be allowed where It provides a benefit to the community and is compatible with surrounding development. Variations from standard zoning must be clearly demonstrated, and will be permitted only as needed to achieve effective development. The applicant states that the proposal would be beneficial to the neighborhood as a whole and compatible with the surrounding development. While staff agrees that the proposed development would generally be compatible with surrounding development in terms of density and construction type, it is difficult to find a benefit to the community with this zoning amendment. Policy A1.6 Land for open space should be preserved throughout the community, particularly on steep slopes and other environmentally sensitive areas. The Wildridge PUD created a residential subdivision that focused on the preservation of open space, and avoidance of development on steep slopes and natural drainage patterns. By maintaining the existing development rights, there is greater opportunity to create larger contiguous areas of undisturbed natural area with the potential of enhancing the existing open space in the area. Immediately south of the proposed Lot 44B is Tract L, an undeveloped 32 acre parcel of land. It may be more appropriate to Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meeting Page 5 of 9 further develop the upper portions of Lot 44 and 45 in order to maintain larger areas of contiguous open space within Wildridge. Policy A3.7 Steep slopes in and around the community should be designated and preserved as open space wherever possible. There are significant steep slopes on the lower portions of Lot 44 and Lot 45. It appears that when the two subject lots were platted, site access was contemplated from either above (Longsun Lane) or below (Wildridge Road East), not both directions. A large portion of the subject property contains slopes in excess of 40%. Of particular concern are the 40% slopes within the proposed building envelope. Staff believes that the steep slopes on the lower portions of Lots 44 and 45 should be preserved in their natural state. Some of the grades exceed 55%. Policy C1.1 Maintain and enhance the character of the residential neighborhoods of the Town. Because of the diversity of housing types within the immediate area, both the proposed single-family and multifamily developments would be compatible with the character of the surrounding neighborhood. Maintaining as much open space could help maintain the natural character of Wildridge and the original intentions of the subdivision. Goal C1 Provide for diverse, quality housing to serve all economic segments and age groups of the population. The available mix of dwelling types in Wildridge has continually changed as a result of the market demand for single-family residences. Several PUD Amendments have been approved recently to provide even more single-family residences. Staff would contend that while there may be less demand currently for duplex type housing arrangements, the long term demand for housing types may shift and Wildridge was platted with a variety of dwelling types to serve a diverse housing market. Policy F1.2 Development shall not be allowed on steep hillside areas vulnerable to environmental and visual degradation. Staff contends that additional "degradation" would be experienced with the proposed development layout. 1. Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town. The application appears to conflict with some of the requirements of the Residential Design Guidelines. Specifically with respect to the site grading, retention, and disturbance required to construct an additional single-family residence and associated driveway in place of adding dwelling units onto the existing single-family residences. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 2 Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meeting Page 6 of 9 The Residential Design Guidelines state "where no development has been identified, construction shall at a minimum avoid: all drainage and utility easements, development setbacks, areas over 30% in slope, and unique and sensitive natural site features." Significant areas of site disturbance are required to access the proposed Lot (44B) in areas that are over 30% slope. This application also proposes to vacate and cross an existing sewer line easement. The logistics of vacating this easement may be difficult with the excavation required for the proposed driveway location in relation to the sewer line which runs down to Wildridge Road East. This application proposes to vacate a 20' width Utility and Drainage Easement which currently bisects the new proposed lot. The finished grading around existing development on Lot 44 and Lot 45 appears to direct drainage towards this easement. Staff does not advise the vacation of this drainage easement. 2. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. With the proposed building envelope, the architectural design or bulk of a potential home is unknown. The platted building envelope is generous in size and it appears that over half would not be considered 'Buildable Area' per the Municipal Code. The Municipal Code defines 'Buildable Area' as "the area of any site which does not contain land ... in excess of forty percent (40 %) slope." The design of the building and site would be governed by the Residential Design Review Guidelines. The applicant has stated that construction of duplex residences would have a far greater negative impact on the existing site conditions and adjoining parcels that this application would create with a separated single- family home. While this application would create an additional buffer between existing adjacent developments on Longsun lane, that should not be a basis for approval. 3. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. An additional single - family residence would be a compatible use with development and density in the area. 4. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. The application does not appear to negatively affect a known geologic hazard, and staff does not anticipate any hazards. A soils report would be required at building permit to ensure a buildable property. 5. 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. The site plan and location of the proposed building envelope appear far less responsive to the natural features of the existing topography, as opposed to building onto the existing single - family homes. It could be argued that the overall aesthetic Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 Z Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meeting Page 7 of 9 qualities of this area of Wildridge would be negatively affected if this PUD Amendment were approved. The proposed building envelope does not respond to the excessive grades of the existing topography. The building envelope appears to be driven by the required access design which is limited. 6. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. The vehicle access proposed for Lot 4413, albeit a preliminary sketch design, would not meet town standards for a perpendicular 20' approach to a public way. In order for vehicles leaving this proposed site to view upward approaching cars from Wildridge Road East, a perpendicular access is preferred by Town staff. A perpendicular access would likely cause more site disturbance. 7. Functional and aesthetic landscaping and open space In order to optimize and preserve natural features, recreation, views and function. The landscaping will be reviewed through the design process should the PUD be approved. A new single- family lot development would increase the site grading, retention, and disturbance resulting in less natural area (or open space). This may affect the aesthetic qualities that exist with current open space patterns. Connecting from the bottom of Lots 44 and 45 directly across Wildridge Road East is Tract L, which is an integral 32 acre tract of open space platted with the original Wildridge subdivision. 8. 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 PUD amendment application is predicated on approval of a preliminary subdivision plan, which has been submitted in conjunction with the application for review by Town Council. It is important to track these two processes together in order to ensure a workable, functional development. Subdivision requirements must be tied to PUD approvals. If this application was approved and the subdivision process moved forward, there would be several issues that would need to be resolved prior to a final plat submittal. 9. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. Adequate facilities are available to service the proposal and the applicant is requesting no extension to municipal services. One technical difficulty identified with this proposal is the existing sewer line which runs from the existing log home on Lot 44 and underneath the proposed driveway (Lot 44B) and required retaining wall. In order to meet the Upper Eagle River Water Authority's requirements for sewer lines, additional excavation and disturbance would likely be required to construct the proposed driveway. Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 w i Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment Pa e 8 of 9 December 20, 2005 Planning & Zoning Commission meeting 9 As part of the subdivision process and prior to a final plat, a sign off from all involved utility companies would be required to proceed with the proposed development. 10.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. The proposal complies with capacities originally contemplated in the first Wildridge PUD approval. An additional curb cut would be required on Wildridge Road East. Staff has continually discouraged additional curb cuts wherever possible. 11. Development Standards Development standards have been submitted for the PUD Amendment and summarized within this staff report. The 25' height requirement for the rear portions of a home would be unique to this property. 12.That the PUD or amendment to PUD requested provides evidence of substantial compliance with the following public purpose provisions, as outlined In Section 17.28.085 of the Avon Municipal Code, as follows: A. The application demonstrates a public purpose which the current zoning entitlements cannot achieve. It is questionable whether this application demonstrates a public purpose which the current zoning entitlements cannot achieve. The applicant has stated that the amendment "would be a benefit for the neighborhood as a whole." While there has been a tolerance for reduced densities in the Wildridge PUD in recent years, all of the previous amendments were contemplated prior to any development on the subject lots, allowing for a greater chance to design a plan that minimizes site disturbances required. B. Approval of the zoning application provides long term economic, cultural or social community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights. Staff believes that this application directly conflicts with this approval criteria. Losing additional open space resulting from additional site disturbance could outweigh the benefits of keeping development on the upper portions of Lots 44 and 45 as currently entitled. There are no apparent economic, cultural, or social benefits anticipated if this application were approved. C. The flexibility afforded In approval of the zoning application will result In better siting of the development, preserving valued environmental and cultural resources, and Increasing the amount of public benefit consistent with the community master plan documents. As stated throughout the report, better siting of development could be achieved if the properties were developed as duplexes. Town of Avon Community Development (970) 748 -4030 Fax (970) 949 -5749 WA MA Lot 44/45, Block 4, Wildridge Subdivision, PUD Amendment December 20, 2005 Planning & Zoning Commission meeting Page 9 of 9 Recommended Motion "I move to approve Resolution .05 -14, recommending to the Town Council to deny the PUD Amendment and Preliminary Plan for Lots 44 & 45, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado, as more specifically described in the application dated November 11, 2005." If you have any questions regarding this project or any planning matter, please call me at 748-4413, or stop by the Community Development Department. Respectfully su ed, Matt Pielsti Planner I Report Attachments: A. PUD Application dated November 11, 2005 B. Resolution 05-14 Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 I • • ! 32= This map was produced by the Community Development Department. Use of this map should be for general purposes only. Town of Avon does not wamam the accuracy of the data contained heroin. —it FOUND Na 5 REBAR WITH ALUMINUM CAP, LS. Na 5447 PRELIMINARY PLAN A RESUBDIVISION OF LOTS 44 & 45, BLOCK 4, WILDRIDGE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO (ELEV. RADIUS - 175.00' 0 DELTA - 11*02!49• - ARC - 33.74 RADIUS — 175.00' TANGENT • 16.92' DELTA - 34*19'56" 33.6W ARC 104.W CHORD BRG S154W24'E TANGENT - 54.06' CHORD - 103.30' 2 7N BRG S38" 9'48 E EDGE OF ASPHALT OUTLJNE OF EXISTING BULDI 7 R940 rti CURRENT AREX'OF / — �j!: GENERAL NOTES: 1) DATE OF TOPOGRAPHY: JULY, 2005 LOT 46A 9 STRUCTURE LOT 45A 0,48* ACRES 2) THE SOLE PURPOSE OF THIS PROPOSED PLAT IS TO SUBDIVIDE LOTS 44& 45, TO CREATE LOTS 44A, "S 646A AND 0 CREATE THE SEWER LINE EASEMENTS AND BUILDING ENVELOPE AND TO VACATE THE PROPERTY LINE AND EASEMENTS AS INDICATED HEREON. 3) LOT 448 SHALL SUBJECT TO A HEIGHT RESTRICTION OF 25 ABOVE EXISTING OR FINISHED GRADE. WHICHEVER BEING MORE RESTRICTIVE, ON THE UPHILL SIDE OF THE STRUCTURE. SEWER LINE 4) NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN EASEMENT THA AFTER YOU FIRST DISCOVER SUCH DEFECT IN NO EVENT MAY ANY ACTION To BE CREATED THIS SURVEY WITHIN THREE YEARS 0 BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION M40WN HEREON. LOT 44A 6) -NGN.DjEVEUGpABLE AREA' CREATED By THIS PLAT WALL BE RESTAICTEDTHAT No DEVELOPMENT SHALL OCCUR SEWER SERVICE LINE 0.50 ACRES ON THE NON-DEVELOPASLE AREA WnHCUT THE WRITTEN SPECIFIC APPFIOVALOF THE TOWN OF AVON. if DEVELOPMENT SHALL INCLIJDF BUILDINGS. FENCES, SIGNS, RDA AND GRADING, THE NON-DEVELOPABLE AREA SHALL BE PHYSICALLY UMSTURBO AND LEFT IN ITS PRESENT NATURAL STATE EXCEPT FOR APPROVED UTILITY SEWER MANHOLE ?0 90 INSTALATKn 41 �4 6) NO STRUCTURE SHALL BE BUILT UPON 448 IN EXCESS OF 5.000 SQUARE FEET (EXCLUDING GARAGE) . . . . . . . . ----------------- > SURVEYOR'S CERTIFICATE AREA USE sf, .00. 5V- ARC - 119.36' SEWER MANHOLE Surveying, LLC LOT 43C RmEMID 1, SAMUEL H. ECKER, A PROFESSIONAL LAND SURVEYOR REGISTERED UNDER THE LAWS OF THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS TOPOGRAPHIC MAP WAS MADE BY ME AND UNDER MY A—, CC 31620 1,1.0N;DElla A81rA!IEA%-_� 1970) -79-80t , f� i9711 , 74-01'55 LOT 449 LOT 45A L093 AC. SINGLE FAMILY RESIDENTIAL 0,404 AC. SINGLE FAMILY RESIDENTIAL 5050 WILDRIDGE ROAD EAST 5129LONGSUNLANE CURRENT AREA POTENTIAL DU STRUCTURE� Z 2006 SUPERVISION, AND THAT THE MAP IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 2.086 AC. (tXW) BRG - N31'33'00*W MAR SAMUEL H. ECKER COLORADO P.L.S. N.. FOR AND ON BEHALF OF GORE RANGE SURVEYING LLC CRE FNE BE E� TED --tog TRACT 0 LOT "8' 0 ELEC. TRANS. iF a- PED.. SUILDING ENVELOPE 4y TO OrCREATED 8480 �UNE CAN --posslal EASE POSSIBLE OUTLINE -s' OF RESIDENCE D LANDSCAPE BE _�nA TIERS _!D SEWER SbiNCE yd -LLNE ' RON DEAAE1 A.&L -Om SEWER MANHOLE 9! �30 -M CREATED 8470 (L50 V- RADIUS a 325.00' p DELTA - 5'48 20" -------- ARC 32.74 (APPROX,) EDGE OF WATER u — TANGENT - 16-3W CHORD 32.73' BRG -N —8460 2714'19�# ASPHALT GRAPHIC SCALE W POSSIBLE STONE SEWER LINE Ind FOUND Na -r-z- WALL- -Z (2- - 4- MAX NECESSARY) ALUMINUM CAP, -------- I I..h 20 ft. (ELEV+ 8424.6') E;* OF FOLLOWS' .2 OSSIBLE 8450 ALIGNMO —---� SLOPE ANALYSIS LOT 44A. TOTAL AREA 22.172 SO. Fr. AREA 40% SLOPE. 5.915 SO. FT. LOT 45k TOTAL AREA - 21.083 SC. Fr. AREA 40% SLOPE ® 4,490 SO. Fr. LOT 44B'. TOTAL AREA . 47,611 SO. Fr. AREA >4M SLOPE - 23,329 SQ. Ft, INEXATIES AREA, M SLOPE MAXIMUM BUILDING HEIGHT EyJS UPHIL.L FACE OF BUILOM LOT 44B BUILDING HEIGHT RESTRICTION DETAIL LOT 40 PHONE PED. '?0,4D w FOUND N. 5 REBAR NTH ELEC. TRANS. FLOWLINE OF DITCH RED P TIC CAP, "KKBNA" (0".T8441,4) (56. RADIUS 475.W LAND USE SUMMARY DELTA 14-23*5:r PARCEL AREA USE sf, Gore Range ARC - 119.36' SEWER MANHOLE Surveying, LLC LOT 44A Ito fl�' 15 5123 LONGSUN LANE A—, CC 31620 TANGENT - 60.00' 1970) -79-80t , f� i9711 , 74-01'55 SLOPE ANALYSIS LOT 44A. TOTAL AREA 22.172 SO. Fr. AREA 40% SLOPE. 5.915 SO. FT. LOT 45k TOTAL AREA - 21.083 SC. Fr. AREA 40% SLOPE ® 4,490 SO. Fr. LOT 44B'. TOTAL AREA . 47,611 SO. Fr. AREA >4M SLOPE - 23,329 SQ. Ft, INEXATIES AREA, M SLOPE MAXIMUM BUILDING HEIGHT EyJS UPHIL.L FACE OF BUILOM LOT 44B BUILDING HEIGHT RESTRICTION DETAIL LOT 40 PHONE PED. '?0,4D w FOUND N. 5 REBAR NTH ELEC. TRANS. FLOWLINE OF DITCH RED P TIC CAP, "KKBNA" (0".T8441,4) (56. RADIUS 475.W LAND USE SUMMARY DELTA 14-23*5:r PARCEL AREA USE sf, --- 02-057,ORE' ARC - 119.36' SEWER MANHOLE �_l a I LOT 44A 0.509 AC, SINGLE FAMILY RESIDENTIAL 5123 LONGSUN LANE TANGENT - 60.00' LOT 44B LOT 449 LOT 45A L093 AC. SINGLE FAMILY RESIDENTIAL 0,404 AC. SINGLE FAMILY RESIDENTIAL 5050 WILDRIDGE ROAD EAST 5129LONGSUNLANE CHORD - 119.05' ACCESS POINT 2.086 AC. (tXW) BRG - N31'33'00*W SE 03I2112005 sf, --- 02-057,ORE' 02-067 �_l a I Ic PRELIMINARY PLAN \J, Nz A RESUBDI V I SI ON OF LOTS 44 & 45, BLOCK 4, WILDRIDGE FOUND ft a ROOM Im"o Njim"m CAP, Ll NL 5"? TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO RN, N'Lmulz A, 4, RAMS - 178.00' SCA #0 DELTA - ll`044r M I* • 11'02'41' EXHIBIT F AN - 3&7* RAM 17&Otf VICINII'Y MAP TANQDfr No legr DELTA 341VW CHOW w 3&W AMC - 10881' an SIW40'24'9 TANOW - 54.00' CHOW - 103:30f WA - S36W40"9 N > ----------------- Omer ^NO= 11 "TROPTOPOORAPWALY,100L 4 IM MOURPUMMOPTHISPROPOSID FLATIN TO SUMOMON UOM 4494L 1006MUN5444 44&40AND LOT 46A LOT 45A 77, - a4d$ WKS CFSATR THR WAINIUMBAMOM AND VULOM VNIUME AND70VACAINIMPROM 1UPGAND L40504MMASPINDAMMONERAM .10 Kwm 4 N01 A000010000 10 =AW LM YOU MW MAINNOBAMUNK AMMINNINOUPON Nff DOWN J06 M TO K CWMA ""OUNAM THM APWVOU"W' OUlLM1t 9.F LOT 44A BURAM (ryplm) SIM wtva 0.509 Acm suavEValb aOesK;Att .. `4 `�' :.._ �� . •' �� •, SSM LOS OF THE STAIT ME AM UNOM W V KNOWLEM LOT 43C M. cul"m Mom& SAMUM K anucn ORAW PL& ft 3000 MCOLR AM ON 8~ Of 1 am WAM SURK"s LUD 'A erl. TRACT 0 5 mar" i�w- ra cm EUM TRANS CATV PM 4 LOT 448 SEW MANNOUt 4 Lb —847 RADIUS 328.00' DELTA • 3*40!20 AM WAV TANOW - MW 4, NAMPA GUILOM NEWIff .0 00 L.Of "qLL Dumb" LOT 448 BUILDING HE164T RESTRICTION DETAIL CHM WATER LNd U'll MADNA 4MW. M,w (APPM) NM4'lIrW GRAPHIC SCAM —846 Em (W J_ AUGNMENT SEWOR UNC LOT 40 I IN FOUND Na 5 Atom 011H N& $447 I Ifth go IL ALUMORN CO. LL (VJV. - 0424,61 RECEIVED 48J Gore Range Surveying, LLC P.0 mu, 13 A­. pit 11120 117al 49.04" • r) 0'9100' tFM(xM5 U 14 2005 `. ` 7*� �� �r� PHOW Pm 1?040 \ ` -� J ` '... "4Sr _ -� s• FLOWUNE Of t w i E= TRANS, FOUND N& 3REW M14 Comm* Deve§mer# (110. NO "IC CAP. LANDUMSUMMw ff 0 RADIUS - 47&00p 4 acv.. W1.41 . 9% sma 0 mLOT AMNS DELTA - 1473'83' ARC • 119.31' SPM MANNOUK "S I.W ACL SINDIAFAMLYFIESIDONM LOT 4m 509LEFAWYMORNM =VW�AftLUAXFWKWFA0WAWOE�AWlrr 5129U)NOSUNL4W TANGENT - G&W CHORD - 111LOW LOT 448 sr h 00 - N31"000'W ACCESS POINT Ar m 09-097 mw I w I EXHIBIT G VI. PUD Amendment / Confluence - CONTINUED PUBLIC HEARING Property Location: Confluence /95 Avon Road Applicant: East West Resorts /Owner: Vail Associates Description: A request for an amendment to the Confluence PUD to modify the existing development rights and zoning for the entire property. This application proposes a hotel, retail plaza, high -speed public gondola, condominiums, and fractional ownership residential units. This item is tabled until the January 3, 2006 Planning and Zoning Commission meeting. OPEN PUBLIC HEARING Eric Heidemann advised the Commission of the need to table this agenda item to the January 31d, 2006 meeting since the applicant was unable to submit the Development Plan in time for Staff review to take place. CLOSED PUBLIC HEARING Commissioner Smith motioned to table Item VI, PUD Amendment / Confluence Property Location: Confluence /95 Avon Road, Applicant: East West Resorts / Owner. Vail Associates, with Commissioner Struve seconding the motion. All commissioners were in favor and the motion passed 5 — 0. VII. PUD Amendment / Wildridge - PUBLIC HEARING Property Location: Lot 44 & 45, Block 4, Wildridge Subdivision / 5123 & 5129 Longsun Lane Applicant: Sam Ecker / Owners: Sam Ecker, Bruce & Susan Baca Description: A request for an amendment to the Wildridge PUD to allow for three (detached) single- family residences in place of a two duplex structures. This amendment would permanently reduce the density for the properties by one dwelling unit. A new lot would be created for the third single - family residence and the vehicular access to the new lot would be accessed from Wildridge Road East. Also being reviewed is a Preliminary Subdivision application. Matt Pielsticker presented the Staff Report to the Commission. Sam Ecker took his place at the podium and presented the Commission with a full size plan set for their review while he revealed the history of the project. Mr. Ecker than discussed the issues presented in the Staff Report. Commissioner Green questioned the vacation of the property line and commented that a 40% slope is discouraged but not un- allowed. Commissioner Struve commented on the Lot 44B driveway alignment to the buildable site and commented that the Dry Creek and Western Sage PUD's were to downsize triplex lots. Commissioner Green questioned access and Commissioner D'Agostino commented that a more restrictive setback lot would be created. OPEN PUBLIC HEARING There were no comments offered from the Public. CLOSED PUBLIC HEARING 41 I Commissioner review began with Commissioner D'Agostino's concern for drainage on 3 sides, the need for clarification of setbacks, appreciated the research presented on the utilities and its easements and voiced a low concern regarding the driveway. Commissioner D'Agostino agreed with Staff that this application would set a precedent. Commissioner Smith voiced site concerns with subdivision of the lot in this manner and its site disturbance as well as driveway issues. Commissioner Struve commented on the need to limit square footage, present a drainage study, and restrict the positioning on the lot created. Commissioner Green wasn't concerned about recreating as a duplex lot, discussed drainage, and a need for serious consideration to the building envelope. Commissioner Evans expressed that a pro side was the home would benefit the adjacent property owner on Lot 44A. He continued with the con items; the homeowners on Longsun Lane chose to build on upside of lots, no reduction of density, a precedent would be set since a downzone has never been done in this manner and it is not in the best interests of Avon or Wildridge. Commissioner Evans commented to Mr. Ecker that the role Planning and Zoning Commission plays is not a final ruling or voice for Avon Town Council. He continued that Town Council is the deciding body on this project and typically not in support of rezoning. Commissioner Smith motioned to approve the denial as presented by Staff of Item VII, PUD Amendment / Wildridge, Property Location: Lot 44 & 45, Block 4, Wildridge Subdivision / 5123 & 5129 Longsun Lane, with Commissioner Struve seconding the motion. The motion passed 5 — 0 with all Commissioners in favor. VIII. Sketch Design - Duplex Property Location: Lot 10, Block 3, Wildridge Subdvision /4010 Wildridge Road West Applicant/ Owner: Daniel Ritsch Description: The applicant is proposing a 9,400 square foot duplex residence on the subject property. The property is a relatively steep uphill lot located at the intersection of Bear Trap and Wildridge Road. The proposed materials include stone veneer, cedar siding, and asphalt shingles. Eric Heidemann presented the Staff Report. Daniel Ritsch approached the podium and gave history of the architects on this project and that retaining walls would be necessary for the driveway. Stuart Brummett came to the podium as the new architect for the project to discuss parking issues, vehicle turning radius problem, and the retaining walls. Commissioner comments began with Commissioner D'Agostino suggesting moving the house down, and the parking and turn around issues. Commissioner Evans commented that the architecture was vastly improved, suggested pines as buffers to the retaining walls, and continued review of the site. Commissioner Green commended Mr. Brummett on the positioning of the project, along with the rusting steel and the buffer was good, and questioned landscaping and the revegetation of the site. Commissioner Struve voiced appreciation for the architecture, the need to address drainage issues, the driveway and its spaces, and landscaping concerns. Commissioner Smith expressed the difficulty of the lot and that the corrugated metal siding was too much. E :# Town of Avon Planning & Zoning Commission Meeting VON Minutes C O L O R A D O March 7, 2006 1. Call to Order The meeting was called to order at 5:35 pm. 11. Roll Call All Commissioners were in attendance with the exception of Commissioner D'Agostino and Commissioner Evans. Ill. Additions and Amendments to the Agenda There were no additions or amendments to the agenda. IV. Conflicts of Interest There were no conflicts of interest were report. V. Consent Agenda: ■ Approval of the February 21, 2006, Planning & Zoning Commission Meeting Minutes. Commissioner Struve motioned for the approval of the Minutes from the February 21, 2006 Planning and Zoning Commission Meetings; Commissioner Green seconded and the motion passed unanimously. VI. PUD Amendment / Wildridge - CONTINUED PUBLIC HEARING - REMANDED FROM TOWN COUNCIL Property Location: Lots 44 & 45, Block 4, Wildridge Subdivision / 5123 & 5129 Longsun Lane Applicant. Sam Ecker /Owners: Sam Ecker, Bruce & Susan Baca Description: A request for an amendment to the Wildridge PUD to allow for three (detached) single-family residences in place of two duplex structures. This amendment would permanently reduce the density for the properties by one dwelling unit. A new lot would be created for the third single-family residence and the vehicular access to the new lot would be accessed from Wildridge Road East. Also being reviewed is a Preliminary Subdivision application. Avon Town Council, at their January 24, 2006 meeting, remanded this application back to the Commission for reconsideration. This item was tabled from the February 21st meeting at the applicant's request. Matt Pielsticker presented the Staff Report and history of this project. Sam Ecker, applicant, approached the podium to present this project to the Commission and began by stating the restriction of the residence to 5,000 sq ft, dedicating 50%of the current land to Open Space, and public benefits were discussed. Commissioner Green questioned the applicant's comment that this project reduces the area's usage by 25% and Mr. Ecker responded that it eliminates one home from two duplex-zoned lots. Commissioner Green questioned Staff of the existence of similar projects in the Wildridge Subdivision and Staff responded that it had not been done in this fashion with two adjacent I property owners. Staff continued that developers, having two adjacent lots, had subdivided prior to construction to create three single-family lots. Commissioner concerns revolved around setting a precedent for single-family erected structures coming in and forcing adjacent owners to comply. A discussion regarding the deeding of Open Space ensued. OPEN PUBLIC HEARING There was no public input provided. CLOSED PUBLIC HEARING Commissioner review began discussing that a 5,000 sq ft home to include garage as appropriate. Commissioner Struve mentioned that the Dry Creek Subdivision was restricted to 4,000 sq ft. homes. Commissioner Green was concerned with setting precedent, reviewing a restriction to 4,000 sq ft home, and building envelope along with a need for research into similar situation. Commissioner Smith requested more documentation on development rights, concerned with setting precedent, and limiting square footage. Commissioner Struve discussed precedent and how dedication of substantial open space to Town of Avon might work. Commissioner Green asked staff for additional information regarding other areas in Wildridge Subdivision that may be affected. Commissioner Green motioned to table this application in order to provide the applicant the opportunity to structure an appropriate easement or conveyance of Open Space that can be quantified, drawn and shown on a final proposal and that the language of that conveyance be reviewed by the Town Attorney prior to the meeting to be sure it is appropriate for what we are asking for in this meeting and to also allow staff to come back to us and show us, in Wildridge, any areas that might be applicable for a precedence to be set by this. And, that we restrict the building envelope that the size of the building on the site, should it be approved, that it not exceed 4,500 square feet GFA plus the garage and the giving up of the development rights. Commissioner Struve seconded the motion. All commissioners were in favor and the motion passed unanimously. VII. Special Review Use Application - Tree Sales - CONTINUED PUBLIC HEARING Property Location: Lot 3, McCrady Acres Subdivision 195 Post Boulevard Applicant: Paul Doughty/ Owners: Traer Creek, LLC Description: A request for a Special Review Use Permit, pursuant to Section 17.48.020B of the Avon Municipal Code, to establish a landscaping nursery for retail sales in the McGrady Acres Subdivision off Post Boulevard. This item was tabled from the February 7, 2006 meeting pending additional information. Matt Pielsticker presented the Staff Report. Commissioner questions revolved on the number of trees bordering residential properties, impact to the neighbors, driveway configuration, POS location and structure to be used, mitigation of dust, and the positioning of the Port-O-Potties. Lighting was discussed along with planting trees and providing drip system irrigation in a corner of the park. The adjacent property owner, Guy Erickson, was present and gave his approval of this application. This Special Review Use would be for 2006 only. OPEN PUBLIC HEARING 8 Town of Avon Planning & Zoning Commission AVON 1�" Meeting Minutes March 21, 2006 C O L O R A D O I. Call to Order The meeting was called to order at 5:35 pm. II. Roll Call All Commissioners were present. III. Additions and Amendments to the Agenda There were no additions or amendments to the agenda. IV. Conflicts of Interest There were no conflicts of interest to disclose. V. Consent Agenda A. Approval of the March 7, 2006 Planning & Zoning Commission Meeting Minutes. Commissioner Struve commented on Item VIII B and that the motion for this approval was passed by a 3 -2 vote, not a 6 -0 vote. The motion to approve with the correction was passed 5 -0, with Commissioners D'Agostino and Evans abstaining due to their absence at the March 7th meeting. vi. PUD Amendment / Wildridge - CONTINUED PUBLIC HEARING Property Location: Lots 44 & 45, Block 4, Wildridge Subdivision / 5123 & 5129 Longsun Lane Applicant: Sam Ecker /Owners: Sam Ecker, Bruce & Susan Baca Description: A request for an amendment to the Wildridge PUD to allow for three (detached) single - family residences in place of two duplex structures. This amendment would permanently reduce the density for the properties by one dwelling unit. A new lot would be created for the third single - family residence and the vehicular access to the new lot would be accessed from Wildridge Road East. Also being reviewed is a Preliminary Subdivision application. Avon Town Council, at their January 24, 2006 meeting, remanded this application back to the Commission for reconsideration. Matt Pielsticker presented staff's report and the new information included in the packet since last review on March 7, 2006. The applicant provided a new PUD site plan, with added note referring to non - developable area proposed. Staff's aerial photo lot comparison showing remaining development rights was presented as requested by the Commission. Commissioner Green questioned the public benefit criteria. Eric Heidemann clarified that it is the applicant's responsibility to demonstrate what the public benefit is to the Town. Other possible lot configurations similar to this application were explored by the Commission referring to the Block 4 aerial photo prepared by staff. The revised PUD submittal shows a 1/2 acre of non - developable area and further restricts the possible third single - family home in size. Sam Ecker, applicant, approached the podium after handing out additional information. Another PUD approval, Western Sage, was discussed and the fact that there was no public benefit in that PUD. Other recent duplex developments were discussed and their large square footages. Sam Ecker further discussed open space and how the non - developable area proposed would be handled in the PEI future. The original intent of the Wildridge PUD was mentioned, and the emphasis on large open spaces. Precedence was brought up by the applicant as was mentioned in the previous meeting. The applicant discussed public benefits such as protecting view corridors, a reduction in density, and less traffic on Longsun Lane. Commissioner Buckner liked the idea of 3 single-families instead of further developing as duplexes. Commissioner D'Agostino questioned why this application is being proposed and what could happen with further development on Lots 44 and 45. Commissioner Savage mentioned the square footage cap on Lot 44B and felt that three single- families would be better 'visually' as two duplexes. Savage was in support with a reduction in square footage for 44B. Commissioner Smith agreed with Commissioner Savage and the size of 4,500 sq. ft. as discussed at the previous meeting would be more appropriate. Ecker responded with the language of Note 5, and that he would take the Town of Avon reference off the plat if desired. Commissioner Struve brought up precedence and the appearance of three single-families opposed to two duplexes. Wildlife passage was noted. Commissioner Struve also mentioned that there is no contiguous open space with this proposal. Commissioner review continued with Commissioner Green commenting on why this application is in front of the Commission — as a result of Lot 44A and how they originally developed. Commissioner Green agrees that reducing density is positive and re-reviewed the potential benefits of approving this submittal. Commissioner Evans felt that this would set a 'dangerous' precedence for future development and redevelopment. The citing of existing developments on the property was reviewed and how Lot 44A was built as a single-family with no clear intention of turning into a duplex in the future. PUBLIC HEARING OPENED Phil Matsen, Wildridge developer, resident, and owner of Lot 40, approached the podium and felt that it would 'open a can of worms' aside from benefiting exclusively some of the neighboring properties. PUBLIC HEARING CLOSED Commissioner Savage moved to approve the amendment with the stipulation that the third single- family home be limited to 4,500 square feet excluding the garage. Commissioner Buckner seconds the motion. Discussion ensued as to what the public benefits are and what findings could be made if the motion to approve was voted on. Open space and precedence were discussed at length after motion was made. Findings added to motion included 2-acre size of both lots were unique and the added driveway curb cut access to third lot was a benefit. Motion dies with 3-0 vote. Commissioner D'Agostino moved to re-affirm Resolution 05-14, recommending denial of the PUD amendment for Lots 44 and 45, Block 4, Wildridge Subdivision to Town Council. A finding was added to the motion that the applicant has not proved the hardship warranted for third single-family residence. Commissioner Green seconds the motion. Roll call taken and all Commissioners in favor except for Struve, Savage, and Buckner. Motion passed with a 4-3 vote. VII. PUD Amendment / Sheraton Mountain Vista - PUBLIC HEARING Property Location: Lot C, Avon Center at Beaver Creek Subdivision/140 W. Beaver Creek Boulevard ApplicantlOwner. Points of Colorado, Inc Description: A request for an amendment to the Lot C PUD to modify the existing property rights and zoning for Lots 2C, 3, 4, and 5 (Phase 1 C). This application proposes to eliminate a 125-room hotel and increases the number of time-share units in the project's last phase of development. oil TO: TOWN COUNCIL .I �. RE: AMENDMENTS TO WILDLIFE ORDINANCE DATE: April 5, 2005 Over the past summer, the Police Department experienced some difficulty in the enforcement of the wildlife ordinance. It has often been difficult to ascertain the owner responsible for non - compliance with the ordinance, particularly when the trash container serves one unit of a multi - family building, whether townhouse or condominium. There also are occasions when it is not apparent which of two single - family dwellings is served by the trash container. The ordinance provides a procedure whereby first and second notices are given, with summons being issued only in connection with the second notice. It is required that those notices be served on the responsible individual personally or by mail or "posted on the resident's premises." It was the practice of the police department, unknown to me, that the notice would be posted on the offending trash container when the identity of the resident was unknown. This seemed to me not to comply with the ordinance, and I therefore suggested that it be amended to make it more effective. After investigation, the Police Department determined that the most effective way to tighten up on enforcement of the ordinance would be to require that each trash container have placed on it the address of the premises served by the container. This requirement is acceptable to the two trash haulers in town. The ordinance on your agenda adds this requirement. The Police Department has also determined that only containers secured by a mechanical latching device should qualify as wildlife -proof containers. Language to impose that requirement is included in the proposed ordinance. Finally, "alleged" is deleted throughout the ordinance inasmuch as that language is inconsistent with other penal ordinances of the Town. A copy of the ordinance, marked to show changes, is included with this memorandum. Jwd:ipse ORDINANCE NO. 06- SERIES 2006 VIOLATION HEROF BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, as follows: Section 1. Amendment. The definition of "Wildlife -proof refuse container contained in Section 8.32.020, Chapter 8.32, Title 8, Avon Municipal Code, is amended to provide as follows: Wildlife -Proof Refuse Container means any refuse container which has been certified to be wildlife proof by the Colorado Division of Wildlife, the U.S. Park Service or the U.S. Forest Service. "Hie container must be secured b� the ....... actuation of a mecliapical latchin.<> dev is any container not so secured. sh.al_l not be deemed ��ild -life prool`. Section 2. Amendment. Section 8.32.030, Chapter 8.32, Title 8, Avon Municipal Code, is amended by the addition of a paragraph (c) to provide as follows: (c) All residential refiise containers that are placed at the curb shall have the premises address and unit designation permanently affixed thereon and clearly visible when the container is in an upright position. The digits and letters shall be no smaller than two inches in height. Section 3. Amendment. Paragraph (a) of Section 8.32.050, Chapter 8.32, Title 8, Avon Municipal Code, is amended to provide as follows: (a) First violation. The first violation of this Chapter will result in a notice of violation to an alleged- offender. The e�.�offender will be warned and informed of the proper precautions necessary to prevent the feeding of wildlife and the necessary actions to meet the provisions of this Chapter, which may include but are not limited to: removal of wildlife attractants, time limits for the placement of curbside refuse containers and upgrading containers to be wildlife- resistant or wildlife - proof. Said notice shall include a reasonable time schedule for compliance. An who timely complies with the first notice will not be subject to the penalty provisions of this Chapter. Section 3. Amendment. Paragraph (1) of Section 832.070, Chapter 8.32, Title 8, Avon Municipal Code, is amended to provide as follows: (1) First Violation: The first violation of the Chapter will result in a notice of violation to an a44 t -'&d offender. The afl-q!-ed-offender will be warned and informed of the proper precautions necessary to prevent the feeding of wildlife and the necessary actions to meet the provisions of this Chapter, which may include but are not limited to: removal of wildlife attractants, time limits for the placement of curbside refuse containers and use of bear resistant containers. Said notice shall include a reasonable time schedule for compliance. An a14�-,e �--offended who timely complies with the first Notice of Violation will not be subject to the penalty provisions of this Chapter. Section 4. Penalties. 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, READ, APPROVED, AND ORDERED POSTED this 11th day of April, 2006 and a public hearing shall be held on this Ordinance on the day of .2006 at 5:30 p.m. in the Council Chambers of the Avon Municipal Building, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED POSTED the day of , 2006 Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk John W. Dunn, Town Attorney ORDINANCE NO. 06 -05 SERIES 2006 AN ORDINANCE AMENDING CHAPTER 8.32,TITLE 8, AVON MUNICIPAL CODE, RELATING TO THE PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR THE VIOLATION HEROF BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, as follows: Section 1. Amendment. The definition of "Wildlife -proof refuse container" contained in Section 8.32.020, Chapter 8.3 )2, Title 8, Avon Municipal Code, is amended to provide as follows: Wildlife - Proof Refuse Container means any refuse container which has been certified to be wildlife proof by the Colorado Division of Wildlife, the U.S. Park Service or the U.S. Forest Service. The container must be secured by the actuation of a mechanical latching device; any container not so secured shall not be deemed wild -life proof. Section 2. Amendment. Section 8.32.030, Chapter 8.32, Title 8, Avon Municipal Code, is amended by the addition of a paragraph (c) to provide as follows: (c) All residential refuse containers that are placed at the curb shall have the premises address and unit designation permanently affixed thereon and clearly visible when the container is in an upright position. The digits and letters shall be no smaller than two inches in height. Section 3. Amendment. Paragraph (a) of Section 8.32.050, Chapter 8.32, Title 8, Avon Municipal Code, is amended to provide as follows: (a) First violation. The first violation of this Chapter will result in a notice of violation to an offender. The offender will be warned and informed of the proper precautions necessary to prevent the feeding of wildlife and the necessary actions to meet the provisions of this Chapter, which may include but are not limited to: removal of wildlife attractants, time limits for the placement of curbside refuse containers and upgrading containers to be wildlife- resistant or wildlife- proof. Said notice shall include a reasonable time schedule for compliance. An offender who timely complies with the first notice will not be subject to the penalty provisions of this Chapter. Section 3. Amendment. Paragraph (1) of Section 8.32.070, Chapter 832, Title 8, Avon Municipal Code, is amended to provide as follows: (1) First Violation: The first violation of the Chapter will result in a notice of violation to an offender. The offender will be warned and informed of the proper precautions necessary to prevent the feeding of wildlife and the necessary actions to meet the provisions of this Chapter, which may include but are not limited to: removal of wildlife attractants, time limits for the placement of curbside refuse containers and use of bear resistant containers. Said notice shall include a reasonable time schedule for compliance. An offended who timely complies with the first Notice of Violation will not be subject to the penalty provisions of this Chapter. Section 4. Penalties. 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, READ, APPROVED, AND ORDERED POSTED this 1 lth day of April, 2006 and a public hearing shall be held on this Ordinance on the day of , 2006 at 5:30 p.m. in the Council Chambers of the Avon Municipal Building, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED POSTED the day of , 2006. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk ....• • iu John W. Dunn, Town Attorney � J� L:41 I '- �'eSdu� -tom No -06 EART,d dw \ALIE) C 6 L 0 R A D 0 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager r From: Matt Pielsticker, Planner Tambi Katieb, Community Development Directo� Date: March 31, 2006 Re: First Reading of Ordinance 06-01, Ecker PUD Amendment— Lot 44 & Lot 45, Block 4, Wildridge Subdivision (5123/5129 Longsun Lane) PUBLIC HEARING Summary: The applicants, Sam Ecker and Bruce Baca, are requesting an amendment to Lots 44 and 45, Block 4 of the Wildridge PUD to permit 3 detached single-family residences. The subject properties are currently zoned to allow for a total of four (4) dwelling units, with two dwelling units assigned to each lot. The current entitlements permit the construction of either one single-family structure or one duplex structure on each property. There are currently two single-family homes constructed. Lot 44 contains 1.15 acres with a 4,900 square foot home that was constructed in 1995, and lot 45 measures approximately .94 acres with a 3,200 square foot home built in 1992. This amendment would permanently reduce the density for the properties by one (1) dwelling unit and create a new lot for a potential third single-family residence. Vehicular access to the new proposed lot (referenced as Lot 44B) is from Wildridge Road East as opposed to using one of two existing access points on Longsun Lane. At their December 20, 2005 meeting, the Planning and Zoning Commission unanimously recommended denial of the PUD amendment through Resolution No. 05-14. On December 30, 2005 staff received a letter from the applicant requesting a tabling from the regularly scheduled January 10, 2006 meeting in order to give time to respond to concerns brought by the Planning Commission. This application was tabled by the Town Council at their January 10, 2006 meeting until the next regular meeting on January 24 meeting. At the Council's first review of this application on January 24, 2006 the applicant attempted to present new information (revised drawings) to Council. Prior to reviewing the supplemented information and with the knowledge that the Planning Commission had not been privy to this new information, the application was remanded back to the Planning Commission for further review and consideration. The Planning Commission re-reviewed the applicant's slightly revised submittal at their March 7, 2006 meeting, and again at their March 21, 2006 meeting. Between these two meetings the applicant presented further information on the 'undevelopable' area of the proposed Lot 44B, and staff presented an aerial photograph to help determine other lots in the area where a comparable application could be sought. The most recent PUD submittal as well as the aerial photograph showing remaining development rights in the area is attached for your review. Changes to the PUD Amendment since first Commission review in December were limited to the following: building envelope shifted east and out of 40% slopes, a 5,000 square foot (excluding garage) maximum building size was applied to the new Lot 44B, and the 'Non-Developable' areas were further defined. After further review and discussion, the Planning and Zoning Commission reaffirmed their previous action, recommending denial to Council. With this reaffirmation the Commission added a finding that the application failed to prove a hardship was warranted for the third single-family residence. The motion passed with a 4-3 vote. Recommendation: Staff is recommending approval of Resolution 06-06, thereby denying this application on first reading of Ordinance 06-01. Discussion: While staff agrees that the proposed development would generally be compatible with surrounding development in terms of density and construction type, it is difficult to find a benefit to the community with this zoning amendment. The Planning and Zoning Commission found this application in conflict with several Policies of the Comprehensive Plan, as outlined in the attached staff report and Resolution 05-14. In addition, this application appears to conflict with some of the mandatory PUD review criteria as set forth in the Avon Municipal Code. At their December 20, 2005 meeting, the Planning and Zoning Commission approved Resolution 05-14 recommending denial of this application, and later reaffirmed this Resolution with an additional finding. Attached to this memo is Resolution 05-14 forwarded to you by the Planning and Zoning Commission for review, the staff report to Planning & Zoning Commission that reviews in detail the application proposed, as well as a narrative and reduced copy of the proposed PUD Amendment provided by the applicant. Staffs "remaining development rights" aerial is also attached as Exhibit H. • Page 2 April 11, 2006 Town Council Meeting First Reading Ordinance 06-01, Ecker PUD Amendment 0 Available Actions: The following options are available for action on this application: 1) Approve First Reading of Ordinance 06-01 2) Table on First Reading of Ordinance 06-01 3) Deny on First Reading of Ordinance 06-01, approving denial of the application through Resolution 06-06. Town Manager Comments- \ V/ Attachments: A. Ordinance 06-01 B. Resolution 06-06 C. Planning and Zoning Commission Resolution 05-14 D. Staff Report dated December 12, 2005 E. Revised PUD Site Plan, dated March 22, 2006 F. Original PUD Site Plan, dated December 14, 2005 G. Planning Commission December 20, 2005, March 7 & March 21, 2006 Meeting Minutes H. Available Development Rights Aerial - Block 4, Wildridge 0 Page 3 April 11, 2006 Town Council Meeting First Reading Ordinance 06-01, Ecker PUD Amendment 99 ! 1 TOWN OF AVON 1 1 1 J�l SERIES OF 2006 A RESOLUTION DENYING THE AMENDMENT TO THE WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR LOT 44 AND LOT 45, BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Samuel Ecker, has applied for an amendment to the Wildridge PUD to permit three (3) single - family lots on Lots 44 and 45, Block 4, Wildridge Subdivision, as more specifically described in the application dated November 11, 2005; and WHEREAS, after notices required by law, a public hearing on said application was held by the Planning & Zoning Commission and unanimously recommended denial in Resolution 05- 14 on December 20, 2005, March 7, 2006, and March 21, 2006; and WHEREAS, the Planning & Zoning Commission determined that the application fails to comply with the PUD review criteria as set forth in Section 17.20.110. WHEREAS, said application fails to comply with the following Town of Avon Comprehensive Plan's Policies, as required by section 17.20.110h(1) of the Avon Municipal Code: 1. Policy A1.3 Flexible zoning such as PUD should be encouraged where it results in more effective use of land. However, such flexible zoning will only be allowed where it provides a benefit to the community and is compatible with surrounding development. Variations from standard zoning must be clearly demonstrated, and will be permitted only as needed to achieve effective development. 2. Policy A1.6 Land for open space should be preserved throughout the community, particularly on steep slopes and other environmentally sensitive areas. 3. Policy A3.7 Steep slopes in and around the community should be designated and preserved as open space wherever possible. 4. Policy F1.2 Development shall not be allowed on steep hillside areas vulnerable to environmental and visual degradation. 5. Goal Cl. Provide for diverse, quality housing to serve all economic segments and age groups of the population. N WHEREAS, this PUD Amendment fails to provide evidence of compliance with the public purpose provisions outlined in Section 17.28.085 of the Municipal Code; NOW, THEREFORE, BE IT RESOLVED, that the Avon Town Council hereby denies the amendment of the Wildridge PUD, Lots 44 & 45, Block 4, Final Plat, Replat Number Two, Wildridge Subdivision, application dated November 11, 2005 TOWN COUNCIL Mayor ATTEST: Town Clerk T®: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineero'°�,4. Date: April 6, 2006 Re: Resolution No. 06 -14 — A Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 4, Town of Avon, Eagle County, Colorado (Public Hearing) Summary: Traer Creek RP LLC has submitted an application (Exhibit 2) for a Subdivision Variance and Subdivision Preliminary Plan (Exhibit 3) approval for The Village (at Avon) Filing 4, A Subdivision of the Southwest %4 of the Northwest 1/4 of Section 8, Township 5 South, Range 81 West of the 6t]' Principal Meridian and a Resubdivision of Tract H, The Village (at Avon) Filing 3, all in the Town of Avon, Eagle County, Colorado. The proposed subdivision will create a right -of -way for the installation of a water service main and future public road, a site for a two million gallon potable water storage tank and drainage easements for natural stream flow and wetland mitigation. The requested variance was to allow an increase in maximum road grade to 9.5% from the 8.5% stipulated in The Village (at Avon) PUD Guide, for the portion of Nottingham Ranch Road (currently proposed as Traer Creek Run) located north of I -70 and maintained by the Town of Avon. This Variance was approved by Resolution No. 06 -13 at the March 14, 2006 Council Meeting. Resolution 06 -14 (Exhibit 1) approves the proposed Preliminary Subdivision Plan subject to compliance with specified conditions prior to Final Subdivision Plat approval and subsequent issuance of any construction, grading or building permits. We recommend approval of Resolution No. 06 -14, A Resolution Approving Preliminary Subdivision Plan for the Village (at Avon) Filing 4, Town of Avon, Eagle County, Colorado. Previous Council Action: This and the Variance Applications were presented to the Town Council at the March 14, 2006 Meeting. Following a public hearing and discussion the Variance Application was approved by Resolution No. 06 -13. Following a public hearing and discussion, action on Resolution No. 06 -14 approving the Preliminary Subdivision Plan was tabled pending resolution of issues including compatibility of 0 Preliminary Subdivision Plan with the PUD Wildlife Mitigation Plan and visibility issues related to proposed retaining walls. Additional materials have been added to the packet in an attempt address questions raised during the previous review and discussion. Exhibit 3 - Preliminary Subdivision Plan now includes all construction details with the exception of 44 sheets of structural and piping details for the 2.0 million gallon underground water storage tank. The additional plans show full details for the project retaining walls which are limited to the water tank site. No retaining walls are proposed in conjunction with the roadway design. Exhibit 6 has been added to show the relation ship of the proposed subdivision to the current PUD Planning Areas. The limits of the proposed subdivision have been super imposed on Exhibit 7 - Wildlife Habitat Map to show the relationship between the subdivision and the CDOW-Designated Deer Migration Corridor/ Critical Habitat. This Exhibit indicates that the proposed subdivision boundary encroaches very slightly into the designated critical habitat area. Exhibit 8 is an enlargement of a portion of the Wildlife Habitat Map with the approximate subdivision boundaries and limits of construction super imposed. This Exhibit indicates that the limits of construction are outside the critical habitat area and subsequently no special design details are necessary to address Wildlife Mitigation Issues. Discussion: The initial purpose of the proposed subdivision is to establish a road right-of-way and corresponding location for the installation of a water transmission main, corresponding location for construction of a 2.0 million gallon water storage tank and an area for required wetlands mitigation. Construction associated with proposed subdivision includes constructing Traer Creek Run to proposed subgrade, placing a 16 foot wide aggregate surface on subgrade to provide temporary access to water storage tank site, installation of a 16-inch water transmission main to the tank site, construction of a 2.0 million gallon water storage tank, construction of storm drainage facilities and construction of a wetlands mitigation area. The Preliminary Subdivision Plans were transmitted to the following for review & comment: 1) Eagle County Planning Department 2) Eagle County School District Superintendent 3) Ellie Caryl, ECO Trails Program Manager 4) Eagle River Water & Sanitation District 5) Eagle River Fire Protection District 6) Colorado Department of Transportation (CDOT) 7) Colorado Division of Wildlife 8) United States Forest Service We received two responses from Eagle River Fire Protection District and Eagle County Planning Department. Those responses are attached as Exhibits 4 and Exhibit 5 respectively. l:\Engineenng\Avon Village\5.0 Filing 4\5.4 Preliminary Plan\Res 06-14 Memo -2.Doc M. Subdivision (Preliminary Plan): The Town Council shall review the preliminary plan to determine whether the proposed subdivision conforms to applicable zoning and these subdivision regulations and whether it takes into consideration: (1) The Comprehensive Plan; (2) For Planned Unit Developments, the relevant Planned Unit Development Master Plan and the Comprehensive Plan, as reflected in the approval of that Planned Unit Development; (3) Physical suitability of lots proposed for subdivision; and (4) Compatibility with surrounding land uses. The Proposed Subdivision is located in Comprehensive Plan Districts 9 and 26. The Planning Principals for District 9 are: • Site buildings to maximize sun exposure, protect views, and break up building bulk. (Not Applicable - This is Zoning & Design Review Issue) • Protect view corridors, ridgelines, U.S. forest Service lands, and steep slopes from development. (Not Applicable - This is Zoning & Design Review Issue) • Encourage quality architecture to provide a positive gateway experience to the community. (Not Applicable - This is a Design Review Issue) • Provide east -west pedestrian and bicycle routes. (A condition can be added to the approval to require establishment of an east -west pedestrian and bicycle route prior to final plat approval. A more appropriate condition may be to require establishment of an east -west pedestrian and bicycle route to the east from Traer Creek Run in conjunction with site development.) Resolution Condition No. 10 • Encourage additional informal landscaping of properties to soften the visual impact of structures. (Not Applicable - This is a Design Review Issue) • Ensure that any neighborhood commercial uses are truly intended to service the neighborhood. (Not Applicable - This is a Zoning Issue) • Create connections through the park and residential uses to the USFS lands surrounding the district. (The park (Planning Area NJ is outside the boundaries of this proposed subdivision. A condition can be added to the approval to require the dedication of access to adjoining USFS lands through the applicable residential planning areas as a condition of final plat approval. A more appropriate condition may be to require dedication of access routes through these areas in conjunction with site development) Resolution Condition No. 11 Planning Principles for District 26 are: • Encourage further public access arrangements including the preservation /acquisition of public space located adjacent to this area. (This condition does not seem to be applicable to this proposed subdivision) • Encourage sidewalks and pedestrian connections. (A condition can be added to the approval to require construction of a sidewalk along Traer Creek Run.) Resolution Condition No. 12 L \Engineering \Avon Village\5.0 Filing 4 \5.4 Preliminary Plan \Res 06 -14 Memo -2.Doe I Prevent significant alteration of natural landscape as well as ridgeline and steep slope development. This area should be highly sensitive to visual impacts of improvements, wildlife, and lighting. (Not Applicable - This is a Design Review Issue) Financial Implications: There are no financial implications associated with the granting or denial of this application. Recommendation: Approve of Resolution No. 06-14, A Resolution Approving Preliminary Subdivision Plan for the Village (at Avon) Filing 4, Town of Avon, Eagle County, Colorado. Proposed Motion: I move to approve Resolution No. 06-14, A Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 4, Town of Avon, Eagle County, Colorado. Attachments: Exhibit I — Resolution No. 06-14 Exhibit 2 — Preliminary Subdivision Plan Application Exhibit 3 - Preliminary Subdivision Plan Exhibit 4 - Response Letter Eagle River Fire Protection District Exhibit 5 - Response Letter Eagle County Planning Department Exhibit 6 - PUD Development Plan with Proposed Subdivision Super Imposed Exhibit 7 - Wildlife Habitat Map with Proposed Subdivision Super Imposed Exhibit 8 - Approximate Subdivision Construction Limits Super Imposed on Enlarged Area of Wildlife Habitat Map Town Manager Comments: LTrigineering\Avon Village\5.0 Filing 4\5.4 Preliminary Plan\Res 06-14 Memo-2.Doc N TOWN OF AVON RESOLUTION NO. 06 -14 Series of 2006 A RESOLUTION APPROVING PRELIMINARY SUBDIVISION PLAN FOR THE VILLAGE (AT AVON) FILING 4, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek RP LLC, the owner of the applicable portion of The Village (at Avon) has applied for Preliminary Subdivision Plan approval for The Village (at Avon) Filing 4, A Subdivision of the Southwest i /4, Northwest i /4, Section 8, Township 5 South, Range 81 West of the 6`h Principal Meridian and a Resubdivision of Tract H, The Village (at Avon) Filing 3, all in the Town of Avon, Eagle County Colorado, in accordance with Chapter 16.20 of the Avon Municipal Code; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the Annexation and Development Agreement dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the P.U.D. Development 1 Sketch Plan dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, a Variance application to allow an increase in the maximum road grade from 8.5% as stipulated in the Annexation and Development Agreement for that portion of Traer Creek Run (Nottingham Ranch Road) located north of Interstate Highway 70 and maintained by the Town of Avon, to 9.5% was submitted in conjunction with said Preliminary Plan; and WHEREAS, said Variance was approved by Resolution No. 06 -13; and WHEREAS, The Town has provided public notice in accordance with Section 16.20.070 to all owners within three hundred feet of The Village (at Avon) Filing 4 and posted notices of the time and date at which Town Council considered the preliminary subdivision application; and WHEREAS, The Town held a public hearing at which it received evidence and testimony concerning the Preliminary Plan, at the conclusion of which the Town Council considered such evidence and testimony. a NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the Proposed Preliminary Subdivision Plan for The Village (at Avon) Filing 4 is in the best interest of the public health, safety and welfare, conforms to the Annexation and Development Agreement dated October 13, 1998, the terms of the P.U.D. Development / Sketch Plan dated October 13, 1998 and all subsequent amendments and modifications, and other applicable development laws, regulations and policies of the Town of Avon and hereby approves the same subject to compliance with the following conditions prior to Final Subdivision Plat approval and subsequent issuance of any construction, grading or building permits: 1. Evidence of approval of the final construction plans must be provided by the appropriate utilities, including water and sewer. 2. An approval letter from The Village (at Avon) Design Review Board must be submitted prior to issuance of any construction, grading and /or building permits for any improvements shown on The Village (at Avon) Filing 4, October 2005 Preliminary Plans. 3. All slopes shall be 2 : 1 or flatter or detailed plans and supporting geological and soils documentation shall be submitted for review and approval consideration prior to, or in conjunction with Final Plat submittal for review and approval. 4. Rip Rap Sizes and supporting documentation shall be submitted for review and approval with final construction plans prior to issuance of construction, grading and /or building permit. Written approval from Eagle River Water and Sanitation District for the final construction plans for the water main and water storage tank must be submitted prior to issuance of construction, grading and /or building permit. 6. Water main and fire hydrant plans must be approved in writing by Eagle River Fire Protection District prior to issuance of construction, grading and /or building permit. 7. Landscaping /revegetation plans and specifications prepared by professional landscape architect shall be submitted for review and approval prior to, or in conjunction with Final Plat submittal. All electrical lines and other utilities shall be underground unless granted special review use approval for aboveground systems as required by Section 17.04.060(c) of the Avon Municipal Code. 9. Construction, grading and /or building permits may be subject to special inspection and review fees to be determined at the time of permit issuance. 4 0 10. Establishment and dedication of an east -west pedestrian and bicycle route to the east from Traer Creek Run to US Forest Service Property in conjunction with development of Planning Area RMF -1. 11. Establish and dedicate public access ways to adjoining USFS lands through the applicable residential planning areas in the Final Plat review and approval process. 12. Include sidewalk along Traer Creek Run as a part of the final road construction plans and final plat approval. 13. Subdivision Improvements Agreement must be approved by the Town of Avon concurrently with Final Plat Approval and the corresponding security must be submitted to and accepted by the Town prior to recording of the Final Subdivision Plat. 14. Completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF MARCH 2006. Patty McKenny, Town Clerk 3 TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor 11 HEART of the VALLEY C O L O R A D O �Xf7ir317 .z SUBDIVISION OCT 1 7 2005 Subdivision Fee: $ munity Development —NW 2 b 0 S Applicant_ (f:g _f_zA RF L—L L Mailing Address:0. �oX 1� 4D City: \/A I>r State: C Zip: 816s'g Phone #: 70 _ gqg_ (,7 7(Q Fax #: 70 . #: 70 - 74g f3 9ao Owner of Property: Mailing Address: „ t , City: State: f i Zip: Phone #: Fax #: , / Cell #: rOic Lot:_ Block: Subdivision: `f-Ve V; Na,4.e c"4 AV,) 1✓,u,.,rc 11 Project Street Address: Tra -J-s A c, B Project Name: —T"�t. le— \% of . ug C'J *Note: If the parcel has not previously been platted, please attach on a separate sheet a Meets & Bounds Description. Type of Subdivision: ❑ Minor Subdivision ❑ Condominium Subdivision Q]l Duplex Subdivision ( Land Subdivision ❑ Timeshare Subdivision Type of Plat Approval Being Requested: ❑ Amended Final Plat ❑ Sketch Plan X Preliminary Plan ❑ Final Plat *Note: All subdivsions other than Minor and Duplex Subdivisions are required to receive Preliminary Plan approval prior to Final Plat. I (we) represent that all information provided to the Town of Avon in connection with this application as true and correct, that I (we) understand the Town of Avon regulations applicable to this project, and understand that incomplete submittals will delay application review. Owner designates Appli- cant as indicated to act as owner's rep esentafive- in all application submittal elated to this project. Applicant: Owner: (Print Name): �3A ,41C_L. J- f (Print Name): Ak 1 . (, Dater 1.2 in Date: Q 2�0 Community Development, P.O. Box 975 Avon, CO 81620 (970)748 -4030 Fax (970)949 -5749 (rev. 12(27/01) Page I oft v Lot: Block: Subdivision: Project Address: Project Name: Review Fee(s): All Applications: ❑ Four (4) sets of 24" x 36" plans ❑ Three (3) copies of the completed subdivision application form - submit separate applications for preliminary and final plats ❑ Fees Condominiums and Duplex Subdivisions: ❑ Three (3) copies of any applicable Master Declarations, Condo Declarations or Party Wall Agreements Recording Requirements: ❑ Two sets of mylars and Master Declarations, Condo Declarations or PartyWall Agreements which are fully executed and signed, including recording fees. Additional Requirements: Preliminary Plat Applications - 4 Units or more: ❑ Master List of all property owners within 300 feet with adequate legal descriptions provided by a title company ❑ Original Copy of Public Hearing Notice ❑ Stamped and addressed envelopes for all property owners within 300 feet - metered. mail cannot be accepted Reviewed by: ❑ Complete ❑ Incomplete Date: This checklist is used to review subdivision applications for general completeness. We strongly recommend that you contact the Community Development Department prior to submittal to discuss specific submittal requirements for your project. Due to time constraints we can only accept complete applications. Help us avoid delays by giving us clear, complete plans and applications. If you have any questions, please call us at (970) 7484030. Community Development, P.O. Box 975 Avon, CO 81620 (970)748 -4030 Fax (970)949 -5749 (rev. 12/27/01) Page 2 of 2 61 Memorandum To: Eric 11eidemann, Senior Planner, Town of Avon From: Carol Gill- Mulson, Deputy Chief, ERFPD Date: 12/28/2005 Re: Village at Avon, Filing 4, water tank access and road grades The above submittal was reviewed for fire department concerns with the following comments: - This submittal appears the same as the previous one dated 5 -6 -05. The road widths, grades, surface, and hydrant locations were acceptable on that submittal. I have attached a copy of the memo sent to Mike Sliper, Eng. at Alpine Engineering. Please contact me with any questions at 970 - 748 -4741. i Ij f--X IVta/ 7- Memorandum To: Mike Sliper, Engineer, Alpine Eng., Inc. From: Carol Gill - Mulson, Deputy Chief, ERFPD Date: 5/6/2045 Re: The Village at Avon, 2 MG Water Tank and Access Road The above project was reviewed for fire department concerns with the following comments: - The proposed road dimensions, grade, and base are acceptable with the understanding that there will not be any structures built during this phase. It appears emergency response up this road will probably due to medical calls or wildland fire incidents. I also understand that the road will be improved when the area is developed and structures are built. - Indicated hydrant locations are adequate for water supply during wildland fire operations. If there are any other questions I can be reached at 970 - 748 -4741. 1 N COMMUNITY DEVELOPMENT DEPARTMENT (970) 328 -8730 FAX: (970) 328 -7185 Email: comdev @eaglecountyms www.eaglecounty.us Town of Avon Community Development Attn: Eric Heideman P.O. Box 975 Avon, CO 81620 December 27, 2005 E"ciila! r S Re: Referral for Preliminary Plan /Subdivision Variance transmittal for agency and department review Case.- S- 1VW2005 -2 Village at Avon Filing 4. Dear Eric, Eagle County is in receipt of a referral regarding the Preliminary Plan and Subdivision Variance for the Village at Avon, Filing 4, Tracts A and B. The application is a proposal to subdivide a portion of Planning Areas G, Village at Avon PUD, including creating an access to a proposed 2- million gallon water tank. The request includes a variance request to allow the public roadway grade to increase from 8% to 9.5 %. Eagle County would ask that the following be considered during the review of this proposal: Minimizing visibility of the road cut and the water tank are encouraged by Eagle County, as long as all life safety issues can be met. The newly- adopted Eagle County Comprehensive Plan encourages the protection of the visual quality of Eagle County through the use of colors that blend with the landscape and landscape screening. If the tank or portions of the road are visible from the public roadway or other properties, Eagle County requests that the water tank be screened from public view to the extent possible and painted a color that will blend with the adjacent land area. 2. The plans indicate existing wetlands on the site and substantial grading occurring adjacent to Nottingham Gulch. The Eagle County Comprehensive Plan encourages the protection of wetlands and riparian areas, as these areas are used by a variety of wildlife. Eagle County recommends protection of the wetlands on the site and encourages any disturbance that occurs to be restored to its natural state. Thank you for the opportunity to review and comment on this proposal. Should you have any questions, please don't hesitate to contact me at (970) 328 -8749. Sincerely, &I �L Allison Ochs, AICP Planner xc: file I Eagle County Building, 500 Broadway, P.O. Box 179, Eagle, Colorado 81631 -0179 M NOTES: I. Lot I is intended for use as homeowner facilities and residential caretaker unit. No additional residential use shall be allowed on Lot 1. 2. There are no lots numbered 2,34 and 5 on this plan, 3. *Total residential and commercial density permitted within the entire P.U.D. shall 15e in accordance with THE VILLAGE (at Avon) P.U.D. Guide. 4. Pursuant to Section 17.14.050 of the 64 63 62 'J 61 60 F/ LIAJ '7' 'Z-7 69 'ede 23 3 72 72 71 71) OS-1 2.7 ac 68 OS-7 65 4W --- ----------------- -- (—j3 20.5 ac D (�3) P-3 IN �LZ - E H K--- --- ------------- set a R -1 .2 L 2.5 ac M irk and d0 - 4 1.4 ac --- OS-9 .5 ac OS -10 ac Mi d MAX. ALLOWED –,[xe -U—se ary Area A Village Center ACRES ------ X-OF T -St E DENSITY DU/AC THE VILLAGE 33.0 1.8% 25 du/ac at Avon) 64 63 62 'J 61 60 OS-8 145.2 ac The foregoing instrur by Magnus Lindholm as I and by Magnus Lindholrr Manager of EMD Limited Witness my hand anc 74 74 69 72 72 71 71) 68 70 65 67 66 . .... . OS-8 145.2 ac The foregoing instrur by Magnus Lindholm as I and by Magnus Lindholrr Manager of EMD Limited Witness my hand anc Al k' - I �1♦ wvr qN.'. HE ART of tlic 1`ALLF.Y Tom • ' • P.O. :•K ' 4W BffrWiark Road VON AcR GDbrcdo 81620 970-74&.4005 • L • R A r • Office of the Town Manager To: Honorable Mayor and Town Council From: Larry Brooks, Town Manager Date: April 3, 2006 Regarding: Housing Improvement Request You will recall that "The Gates" project on Highway 6 contributed money to the Town's housing program as a fee -in -lieu offer for the consideration given to the project. As a result of this particular element of the negotiations, it was suggested that the money might be best spent to enhance affordable units directly across the street for the project (Eaglebend Affordable Housing Phase III). The money received from the pay -in -lieu structure was $100,000. The request now comes before the council for consideration. Gerry Flynn will be present to more fully explain the request and answer your questions. If you choose to contribute to this project you should vote to approve the expenditure and instruct staff to prepare the necessary budget amendment. Professional To: Town of Avon From: Gerry Flynn, President, Eag Date: March 15, 2006 Management ble Housing Corporation Re: Upgrades and Improvement to Phase III Facilities Town of Avon Funding Request Sirs. In -an effort io"improve'the.facilities at Phase III of Eaglebend Affordable :Housing, several projects have been identified that would give a definite newer and upgraded look as well as an enhanced community and family feel to the area. Funding is requested for the following proposed projects: Phase III Kitchen Face Lift Replace cabinets and countertops in 20 units at $4,600 per unit $92,000 Phase III Family Recreation Area Install basketball hoop using existing asphalt as play area (including hoop, labor, fence, bench, lighting) $16,000 (Lighting will also benefit darker area of parking near dumpsters) $108,000 EBAHC- appreciates the Town` of "Avon's consideration of this request''and is looking forward to this opportunity for improvements should these funds be made available to Eaglebend for the aforementioned projects. RIVERWALK AT EDWARDS 28 SECOND STREET + SUITE 215 + EDWARDS, CO 81632 + 970 - 926 -8686 + FAX 970- 926 -8690 MINUTES OFTHE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD MARCH 28,2006 /\ regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Ammn, Colorado in the Council Chambers. W1gyo[ Ron Wolfe called the meeting to order at5:3O pK4. A roll call was taken and Council members present were Debbie []uddey. Khed FarrgrV, Mac McDevitt, Amy Phillips, and Brian Sipes. Tamna Underwood was absent. Also present were Town Manager Larry Brooks, Town Attorney John Uunn, Asst. Town Manager Jaoquie Ha|burnt, Town Clerk Potty K8cP{enny. Finance Director Scott Wright, Town EOQiOe9[ Norm VVOOd' PUb|iCVVOrkS/T[8Osit 0PBCtOr Bob Reed and Senior Planner Eric Heidemann, as well as members of the press and public. APPROVAL OF AGENDA & DISCLOSURE OFPOTENTIAL OF CONFLICT UFINTEREST No changes to the agenda and no conflicts of- interest were stated. PUBLIC HEARING ON CLUSTER Box MAIL DELIVERY |NAVON Jacquia Ha|burnt, Asst. Town Manager, presented information regarding cluster box mail delivery in Avon. She provided some b@ChOFDUDd iOfOrDabOD regarding this topic, and noted that she has been informed that the U.S. Post Office will never deliver to home address in Avon, g result of deregulation legislation that passed in 1B74. which eliminated the home delivery service. She presented information on the "cluster box" system of delivery. She presented public input received in the form Dfe08i|S from 000iOiC K88U[ie||O, Todd Goulding, and Donald C)de|. Mayor Wolfe then opened the public hearing. Comments were made from the following people: • Drew Dodd, member of Avon Business Association and Sunridge resident & President of the association; supported the cluster box idea, but does not want the property to be responsible for maintaining the cluster boxes. Several questions included what happens to the P[) building, maybe the problem is the service and requested that the USPS fully staff the facility. • Nina Stevens, 8[Vnebhdge Homeowners Assn / supports the idea /make o decision / you can mail at the duster boxes /vvhioh is helpful /traffic is a problem there "/ Dominic K8aurie||o, a resident of Eagle County for 12 years; noted the service in Avon is poor; supports cluster box idea Discussion ensued on the following topics: • This would be atovvn-vvida proQram, could not use some cluster boxes in one location and not other locations • What does the Poet Office project for growth and how does Village at Avon impact the facility? ~/ What dothe citizens of Avon really want? Regardless of the cost. EeUrnm[e the maintenance costs of the cluster boxes • -[ovvD should try to communicate with Avon's ho[OeOVxDe['S associations to obtain input/ • K8uoi draft e plan including |Vc@tions, coata, parking nequinennento, and actually a street bv street or neighborhood by neighborhood to obtain input ~/ Consider mailing / survey to obtain input. contact NVVCC[)G to goaiot Survey vs. ballot question Councilor Ferraro arrived at this time. Council directed staff to continue researching the associated costs of implementing the boxes and provide for a recommendation 0n how b3obtain better public input on the topic. ' RESOLUTIONS Councilors Ferraro & Sipes left the room at this time due to conflict of interest. John Dunn, Town Attorney, presented ResO|U[iOO NV. 08-18' Series Of 2006. ResV|UdOD approving the Amended and Restated Consolidated Service Plan for Confluence Metropolitan [}iothc[ and /\VOD 8tgdOD Metropolitan District Application to the Service P|@O in connection with the development of the Rivarfront Subdivision; made pursuant tothe special district |exv. He noted that the amendments to the service plan implements Council's approval of the amended development agreement for the Confluence. Gary White, attorney representing the Districts, addressed the Council regarding the revised service plans. He noted that the document iaself- explanatory and explains how the public infrastructure is financed. It was noted that the dVSiOg of the property ia estimated bv the end of June 2OOO. There were some comments from Council regarding metro districts expenditures and the oversight for these districts. COUOd|o[ BUCW8y moved to approve ReSO(UbOO NV. 06-18, A ReSO|UUOn approving the Amended and Restated Consolidated Service Plan for Confluence Metropolitan District and Avon Station K4etn3pO|it@O District Application to the Service Plan in COOD8[tiOO with the d8Ve|OpOlRDt of the F(iVer[FDOt Subdivision. Councilor Phillips seconded the motion and it passed unanimously by those members present (Underwood absent; Councilors Ferraro & Sipes did not vote due to conflict of interest). John Dunn asked that Council address the K8eDlon3Ddunl of Understanding among the Confluence Metropolitan District, Avon Station Metropolitan District and the Town of Avon at this time. He noted that this @CtiOO VVOU|d authorize gondola operation within the TOVVD of Avon as port of the development of the Riverfr0nt Subdivision. He distributed the State Statue addressing special districts and the requirements of transportation, which in turn has led to the yWemO[@OdU0 of Understanding considered by the Council. Councilor McDevitt moved to approve the &4e0On3ndU0 of Understanding among the Confluence K88[FOpo|it8O []iStFiCt' AVOO Station Metropolitan District and the Town OfAvon. Councilor Phillips seconded the motion and it pooeod unanimously by those members present (Underwood absent; Councilors Ferraro & Sipes did not vote due to conflict ofintereGU. CDUDCi|OnS Ferraro & Sipes joined the podium at this time. GCOLt Wright, Finance [)iPeCLO[, presented Resolution No. 08-17. Series of 2006, Resolution to amend the 2008 J'ovvn of Avon Capita/ Projects Fund Budget. He distributed o revised copy noting some changes that were made due to ennnS and Doted that the revisions tothe C|P budget for 2OOGwere for street improvement projects; to accommodate the 00 work and unexpended funds from the 2005 street improvements budget (funds budgeted for design work that did not occur in 2005). After some brief comments, Councilor Ferraro moved to approve Resolution No. 00-17. Series of 2000. Resolution to Amend the 2000 Town of Avon Capital Projects Fund Budged. Councilor McDevitt seconded the motion and it passed unanimously by those members present (Underwood absent). l[om/n Manager Report 7Fovvn Manager Larry Brooks distributed ongoing correspondence between TraerCnaek RF'. LLC and CVrum Real Estate Group regarding the monies due to Buffalo Ridge Affordable Housing Corporation from Tnaer Creek Metro District. He submitted this information just as on FYI on this topic. He also noted that the next 1-70 Coalition Meeting is scheduled for April m | 8 ; @ staff person has been hired to help with their mission and the group has been successful in recruiting private sector organizations io participate in the process aawell. Regular Council Meeting Page 2 of 3 March 28, 2006 Town Attorney Town Attorney John Dunn presented an update to the Casgidy'a eo|ea tax collection case, noting that the case will be heard before the Court of Appeals inMay. An important case due to precedence that would be set with regard to collection of sales tax and the order in which municipalities would be paid in the C8Se of bankruptcies. Mayor's Report Mayor Wolfe provided an update of the ECC) Board noting that a retreat would be held in Aoh| and would address a number of issues, smfollows: Mobility inthe countv, including both ecD and trails Review of the second homeowners study */ Review Ofthe 2003iOt8[COODectiVitystudy Review of road & bridge impacts for future years Review of options for the future Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor McDevitt moved to adopt the consent agenda; Councilor Sipes seconded the motion and it passed unanimously. e. Minutes from March 14.20OGMeeting b. Fireworks Production Contract with VVeobsnn Enterprise, Inc. for Salute to the U.S.A. Celebration (Meryl Jacobs. Recreation Director) contract for pyrotechnic design & display o. 2006 Street Repuir& |mpnovennents— E|onn Construction /wand (Norm Wood, Town Engineer) Improvements inVVi|dridge area and Avon Road d. Swift Gulch Road Bike Path, Site Resource Management, Construction Contract Award (Norm Wood, Town Engineer) Construction to extend bike path e. Benchmark Dann RepairGeobachnico| Gen/ioe, Ground Engineer, Engineering Services Contract Award (Norm Wood, Town Engineer) Work to be completed at Benchmark Dam area as a result ofa dam inspection in2OU5 There being no further business to come before the Council, the regular meeting adjourned at 7 PM. RESPECTFULLY SUBMITTED: Patty K8CKeOOy, TVvxO Clerk APPROVED: Debbie Buckley KristiFenar0 Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 3 of 3 March 28, 2006 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Dan Higgins ji,) Date: March 28, 2006 Re: Service Agreement with Vail Associates Inc. (D.A.R.) Background: The Town of Avon operates fleet maintenance out of its Swift Gulch facility located at 500 Swift Gulch Road. We have several annual maintenance contracts with neighboring districts. One of our goals is to secure more third party revenue to help reduce the subsidy of our operation. Discussion: Attached is a one-year service agreement for 2006 between the Town and Vail Associates Inc. for vehicle maintenance. Financial Implications: The agreement contains our standard price of $90.00/hour for routine and preventive maintenance as well as repair and replacement. We . billed V.A.I. (D.A.R) 2,462 hours of labor ($209,282.00) in 2005. Recommendation: Staff recommends approval of the one-year service agreement with Vail Associates Inc. Town Manager Comments: A cd - - �d� LL_ SERVICE AGREEMENT This agreement is made and entered into this 1st day of October, 2005 by and between Vail Associates Inc., a Colorado corporation whose address is P.O. Box 7, Vail Colorado, 81658 (hereafter know as "VAI ") and the Town of Avon whose address is P.O. Box 1726, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor"). RECITAL In consideration of the obligation of VAI to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: Contractor Services: Contractor will, during the term of this Agreement, provide: (a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the Beaver Creek Resort Company buses, which are operated by VAI. Service will be performed on approximately 44 buses or other vehicles, although the number of vehicles and equipment serviced may be increased or decreased in VAI's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by VAI ( "Repair and Replacement"). No payment for any Repair and Replacement shall be due unless VAI has approved of such charges. Services may be commenced with verbal approval by VAI of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. VAI acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. (collectively the "Services ") 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. All Routine Maintenance shall be completed within 24 hours of any vehicle being brought to Contractor's facility. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, VAI will pay Contractor the shop rate of $85.00 per hour for Routine Maintenance and Repair and Replacement. Effective January 1, 2006 the shop rate will be $90.00 per hour. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 1 e of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be used by VAI. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten percent. 4. Terms and Termination: This Agreement will be effective as of October 1, 2005 and will terminate on September 30, 2006 unless either party fails to substantially perform the duties and obligations i accordance herewith. In such an event, the other party may terminate this Agreement upon seven (7) days written notice to that party, unless that parry cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause upon 30 Days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by VAI to its employees. Contractor shall provide VAI an original of its Form W -9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of VAI, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. g. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. 4 EXECUTED this day of OAi EXHIBIT A "Annual" every 12months $80.00 hr. $85.00 hr. after 1/1105 Preventive Maintenance Plus parts & Inspection sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of September 1, 2005. AVON BEAVER CREEK EQUIPMENT LIST BY DEPARTMENT Page 1 Program FMG210 DEPARTMENT: 09 - DIAL -A -RIDE Date 10/04/05 Release 5.z 0.00 Time 11:45 -- DATE -- LICENSE- --- DEPR - - -- MAINT- - -YTD -- - -MILES HRS -- M EQUIP# YR - -- MAKE - -- -- MODEL - -- CLASS - -- SERIAL NUMBER - - -- - ACQRD -- - NUMBER- - -- COST - -- -- VALUE - -- - -- LTD - - -- -MILES BEG -FY CURRNT T 1001) 01 FORD E450 TERRATRANS PPL 1FDXE45S7YHB82726 10/31/00 TEMP 83000.00 0.00 66800.47 15991 78631 94622 M 101D O1 FORD E450 TERRATRANS PPL 1FDXE45S7YHB82727 10/31/00 TEMP 83000.00 0.00 39699.53 13466 86325 99791 M 102D O1 FORD E450 TERRATRANS PPL IFDXE45SOYHB82728 10/31/00 TEMP 83000.00 0.00 35131.29 15636 73983 89619 M 104D 01 FORD E450 TERRATRANS PPL 1FDXE45S9YHB82730 10/31/00 TEMP 83000.00 0.00 43064.62 13575 74613 88188 M 105D O1 FORD E450 TERRATRANS PPL 1FDXE45S7YHB82731 10/31/00 TEMP 83000.00 0.00 44859.15 15002 76042 91044 M 106D O1 FORD E450 TERRATRANS PPL 1FDXE45S2YHB82732 10/31/00 TEMP 83000.00 0.00 42786.95 16644 72679 89323 M 107D O1 FORD E450 TERRATRANS PPL 1FDXE45S4YHB82733 10/31/00 TEMP 83000.00 0.00 40176.91 22394 65320 87714 M 108D O1 FORD E450 TERRATRANS PPL IFDXE45S6YHB82734 10/31/00 TEMP 83000.00 0.00 47098.52 10483 76897 87380 M 110D 01 FORD E450 TERRATRANS PPL 1FDXE45SXYHB82736 10/31/00 TEMP 83000.00 0.00 42088.12 8172 129140 137312 M 111D 01 FORD E450 TERRATRANS PPL, 1FDXE45SlYHB82737 10/31/00 TEMP 83000.00 0.00 73824.06 22934 128531 151465 M 112D O1 CHEV 1500 SUBURBAN L4U 3GNFK16T71G127988 11/08/00 807 -CMZ 40000.00 0.00 15802.58 12986 62747 75733 M 113D O1 CHEV 1500 SUBURBAN L4U 3GNFK16T81G128664 11/08/00 TEMP 40000.00 0.00 6548.68 0 41412 41412 M 215D 92 CHEVY 2500 P/U CHEYEN HTS 1GCGK24K2NE226440 01/01/92 701 -ENX 0.00 0.00 2391.75 0 47700 47700 M 224D 02 FORD E450 TERRATRANS PPL LEASE FROM D COACH 01/01/02 TEMP 0.00 0.00 4665.36 0 65207 65207 M 290D 02 FORD E -450 TERRATRANS PPL 1FDXE45S7114B47190 11/13/01 998 -EEP 83000.00 0.00 25874.83 15176 66556 81732 M 291D 02 FORD E -450 TERRATRANS PPL 1FDXE45S91HB47191 11/13/01 997 -EEP 83000.00 0.00 24910.48 17340 59185 76525 M 292D 02 FORD E450 TERRA TRAM PPL 1FDXE45SOlBB47192 12/10/01 999 -EEP 100000.00 0.00 26094.69 15324 60666 75990 M 293D 02 FORD E -450 PPL 1FDXE45S21HB47193 12/01/01 N/A 100000.00 0.00 23430.72 14075 56532 70607 M 294D 02 CHEV 1500 SUBURBAN L4U 1GNFK16Z32J16Ol66 11/20/01 TEMP 40000.00 0.00 3127.84 0 22330 22330 M 295D 02 FORD E350 VANTERRA PPL 1FDSE35L82HA24397 12/30/01 TEMP 83000.00 0.00 22291.57 17503 79465 96968 M 296D 02 FORD E350 VANTERRA PPL 1FDSE35L82HA24397 12/30/01 105 -ENY 83000.00 0.00 19261.38 0 75816 75816 M 297D 02 FORD E350 VANTERRA PPL 1FDSE35L62HA24396 01/04/02 TEMP 83000.00 0.00 26500.30 9481 73524 83005 M 303D 03 FORD E450 TERRATRANS PPL 1FDXE45M62HB56403 02/01/03 TEMP 83000.00 0.00 17564.37 6678 16644 23322 M 314D 93 CHEV 5 -10 PU L4P 1GCCT19ZXP8196195 06/25/03 4346 -YN 5000.00 0100 11437.51 2994 46590 51584 M 316D 93 CHEV S -10 PU L4P 1GCCT19Z2P8200160 06/25/03 4348 -YN 5000.00 0.00 4786.53 3000 58497 61497 M 319D 02 FORD E350 VANTERRP. PPL 1FDSE35512H276819 01/29/04 592 -4CC 0.00 0.00 226.66 0 24329 24329 M 356D 03 FORD VANTERRA PPL 1FDSE35L73HA18656 01/01/03 TEMP 83000.00 0.00 20489.76 21961 53130 75091 M 357D 03 FORD E350 VANTERRA PPL 1FDSE35L93HA18657 01/09/03 709JUP 83000.00 0.00 19175.93 25283 54202 79485 M 358D 03 FORD E350 VANTERRA PPL 1FDSE35L03HA18658 12/24/02 TEMP 83000.00 0.00 16828.45 18740 62695 81435 M 359D 03 FORD E450 TERRATRANS PPL 1FDXE45S93HA18659 12/03/02 TEMP 83000.00 0.00 41982.13 24666 57328 81994 M 392D 03 FORD E450 TERRATRANS PPL 1FDXE45S32HB44692 12/03/02 TEMP 83000.00 0.00 23620.90 18523 58960 77483 M 404D O1 FORD E450 E450 SUPER PPL 1FDXE45S71NB75104 01/28/04 TEMP 0.00 0.00 2448.87 0 17164 17164 M 408D 04 FORD E450 TERRA TRAN PPL 1FDXE45S03HB30508 11/20/03 TEMP 83000.00 0.00 28723.97 32901 45870 78771 M 433D 94 CHEV. 2500 PICK H4PP 1GCGK24K3RE225044 07/21/05 6429 -YN 100000.00 0.00 1142.09 0 63357 63357 M 434D 02 FORD E350 VANTERRS PPL 1FDWE35L02HB71234 02/06/04 367 -ADF 0100 0.00 127.93 0 6927 6927 M 438D 04 E -450 FORD TT ODYSSEY PPL 1FDXE45P84HA86738 01/01/03 638 -KXB 0.00 0.00 970.56 7542 4253 11795 M 443D 04 E -450 FORD LEASE VEH. PPL 1FDX845P84HB30043 12/22/04 TEMP 0.00 0.00 3715.74 12309 2594 14903 M 144D 04 E -450 FORD SUPER DUTY PPL 1FDXE45S24HA28144 12/22/04 TEMP 0.00 0.00 1334.24 9531 2594 12125 M 147D 94 CHEV 2500 SUB L4U 1GNGK26K1RJ412391 03/08/04 EMB9661 0..00 0.00 2171.44 0 65332 45412 M 148D 94 CHEV 2500 CHEYEN SUB L4U 1GNGK26K3RJ414174 03/08/04 TEMP 0.00 0.00 5097.35 9130 65332 74462 M 192D 04 FORD E350 VANTERRA PPL 1FDSE35L93HB72592 11/20/03 TEMP 83000.00 0.00 8431.73 18124 21130 39254 M 193D 04 FORD E350 VANTERRA PPL 1FDSE35L03HB72593 11/20/03 TEMP 83000.00 0.00 4833.56 15450 20565 36015 M 194D 04 FORD E350 VANTERRA PPL 1FDSE35L23HB72594 11/20/03 TEMP 83000.00 0.00 10013.22 13113 21503 34616 M 195D 04 FORD E350 VANTERRA PPL 1FDSE35L43HB72595 11/20/03 TEMP 83000.00 0.00 9318.88 17624 21115 38739 M 519D 04 FORD 2350 VANTERRA PPL 1FDSE35L44HA37019 01/14/05 TEMP 0.00 0.00 2494.15 16832 6600 23432 M 5201) 04 FORD E350 VANTERRS PPL 1FDSE35L04HA37020 01/23/05 TEMP "100000.00 0.00 4141.86 15499 7635 23134 M i33D 04 FORD E450 TERRA TRAN PPL 1FDXE45S84HA42033 01/23/05 TEMP 109000.00 0.00 6979.06 16160 11524 27684 M 534D 04 FORD E450 TERRATRANS PPL 1FDXE45SX4HA42034 10/31/04 249KXI 83000.00 0.00 7364.61 21973 5093 27066 M 5351) 04 FORD E450 TERRATRANS PPL 1FDXE45S14HA42035 10/31/04 251KXI 83000.00 0.00 3859.26 19926 6026 25952 M i36D 05 E -450 FORD TERRA TRAM PPL 1FDXE45S34HA42036 12/22/04 TEMP 0.00 0.00 10437.81 27437 4853 32290 M AVON BEAVER CREEK EQUIPMENT LIST BY DEPARTMENT Page 2 Program FMC210 DEPARTMENT: 09 - DIAL-A-RIDE Date 10/04/05 Release 5.z Time 11:45 --DATE-- LICENSE- --- DERR--- --MAINT--- -YTD-- --MILES HRS-- M EQUIP# YR - -- MAKE - -- -- MODEL - -- CLASS ---SERIAL NUMBER - - -- - ACQRD-- -NUMBER- ---COST--- -- VALUE - -- - -- LTD - - -- -MILES BEG-FY CURRNT T 558D 05 FORD VANTERRA PPL 1FDSE35L14RA56658 01/01/03 TEMP 83000.00 0.00 2520.67 0 53130 20095 M 561D 05 FORD E-350 VANTERRA PPL IFI)SE351,14HA56661 12/08/04 TEMP 0.00 0.00 5374.72 18744 2901 21645 M 889 98 FORD E450 TERRATRANS PPL 1PDXE40S2WHB99096 11/01/98 EMG2865 72000.00 0.00 16154 .47 5913 39220 45133 M 988 99 FORD E450 TERRATRANS PPL 1FDXE40S4XHB45817 12/17/99 EMH1459 72000.00 0.00 42907.69 0 80723 80723 M 998 99 CHEV SUB L4U 3GNFK16R3XG173279 10/19/98 EMG1536 33000.00 0.00 16620.25 0 59154 59154 M DAR 04 GENERIC I PPL 1 10/31/00 TEMP 83000.00 0.00 20431.63 0 36043 1 M MSC9 01 1 1 MSC 1 05/03/98 1 0.00 0.00 92747.82 0 0 0 M DEPT TOTALS: ITEMS 57 COST $3,306,000 DEPRECIATED VALUE $0 MAINTENANCE (LTD) $1,142,909 MTHLY CHG + INSUR. ANT $0 MILES DRIVEN (YTD) 656235 HOURS DRIVEN (YTD) J ITEMS 0 0 OTHER METER USED (YTD) j ITEMS 0 0 COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY (CIRSA) CERTIFICATE OF PARTICIPATION FOR PROPERTY /CASUALTY COVERAGES issued to the Town of Avon CIRSA hereby certifies that the above -named entity is a participating member of CIRSA for property /casualty coverages for the Coverage Period of January 1, 2006 through January 1, 2007. CIRSA liability coverages for the coverage period will be as described in a Princeton Excess & Surplus Lines Insurance Company excess policy and Markel Insurance Company reinsurance policy which will provide the liability and errors and omissions coverages summarized below. CIRSA property and crime coverages for the coverage period will be as described in a CIRSA property policy, NLC Mutual Insurance Company property reinsurance policy and RSUI Indemnity Insurance Company excess policy. The coverages, conditions of membership, and other provisions applicable to CIRSA property/casualty members are described in CIRSA's Bylaws, coverage and/or excess /reinsurance coverage policies, and general policies adopted by the members, as from time to time amended. The types and monetary limits of the coverages to be provided to CIRSA property /casualty members shall be as described below. The scope, terms, conditions, and limitations of the coverages shall be governed by the applicable policies and/or excess /reinsurance policies, the CIRSA Bylaws and Intergovernmental Agreement, and other applicable documents. I. 'TYPES OF COVERAGES (subject to CIRSA's liability limit as described in Section H below): A. Property coverage (including auto physical damage) B. Liability coverage: 1. General liability 2. Auto liability 3. Law enforcement liability 4. Public officials errors and omissions liability C. Crime coverage (including employee dishonesty and money and securities) II. CIRSA_RETENTIONs, LOSS FUNDS,, EXCESS INSURERS,_ AGGREGATE_ LIMITS,AND_MEMBER DEDUCTIBLES: For the coverage described in Section I, CIRSA shall be liable only for payment of the applicable self - insured retentions and only to a total annual aggregate amount for CIRSA members as a whole of the amount of the applicable CIRSA loss fund for the coverage period. There shall be no aggregate excess coverage over any loss fund. Coverages in excess of CIRSA's self - insured retentions shall be provided only by the applicable excess insurers and/or reinsurers in applicable excess and reinsurance policies, and shall be payable only by those excess insurers and/or reinsurers. The limits of coverage provided by the excess insurers and/or reinsurers for the coverage period shall be described in the coverage documents issued to the members. Sublimits, aggregate limits and other limits shall apply as provided in said documents. 2006 Certificate of Participation for PropertyJCasualty Coverages Town of Avon Page 2 CIRSA SELF - INSURED RETENTIONS FOR THE COVERAGE PERIOD: A. $500,000 each and every loss and/or occurrence property B. $500,000 each and every loss and/or occurrence liability C. $500,000 each and every claim Public Officials Liability D. $150,000 each and every loss and/or occurrence crime CIRSA LOSS FUND AMOUNTS FOR THE COVERAGE PERIOD: Loss fund amounts shall be as adopted or amended from time to time by the Board of Directors based on the members in the property/casualty pool for the year. Information on current loss fund amounts shall be available from the CIRSA Chief Financial Officer. EXCESS INSURERS/REINSURERS FOR THE COVERAGE PERIOD: A. Property: RSUI Indemnity Insurance Company (excess) and NLC Mutual Insurance Company (reinsurance) B. Liability: Princeton Excess & Surplus Lines Insurance Company (excess) and Markel Insurance Company (reinsurance) C. Excess Crime: Travelers Casualty & Surety Company of America LIMITS/EXCESS LIMITS: A. Excess property: to $500 million per claim/occurrence. B. Excess liability: to $5 million each and every loss and/or occurrence (except excess auto liability: to $1.5 million each occurrence and Public Officials Errors and Omissions to $5 million each and every claim/$10 million annual aggregate per member) C. Excess crime (optional): up to $2 million per claim/occurrence. III. MEMBER DEDUCTIBLES: A member - selected deductible shall apply to each of the member's claims /occurrences. The deductible amounts selected by the Town of Avon are $5,000* (Liability), $5,000 (Auto Liability), $5000 ( Property) — arid- $5-,000-(Auto Physical— Damage).- Pii erit of the deductible §hall reduce the amount otherwise payable under the applicable CIRSA retention. In the event of a loss or occurrence involving more than one CIRSA member, each member shall pay its full applicable deductible(s). *Police Professional and Errors and Omissions deductible cannot go below $1, 000. IV. POLICIES GOVERN PAYMENTS: Payments within the member's deductible(s) and/or CIRSA's self - insured retention(s), or in excess of the member's deductible(s) and/or CIRSA's self - insured retention(s), in connection with any claims /occurrences shall be governed by the excess and/or reinsurance policies. Countersigned on behalf of the Colorado Intergovernmental Risk Sharin Agency. c- Tim . Greer, Ex cutiv erector MEMO TO: HONORABLE MAYOR & TOWN COUNCIL THRU: LARRY BROOKS/TOWN MANAGER FROM: MERYL JACOBSIDIRECTOR OF RECREATION DATE: APRIL 4, 2006 RE: PRESENTING SPONSORSHIP AGREEMENT FOR AMERICAN NATIONAL BANK'S SALUTE TO THE USA. SUMMARY: Staff is pleased to announce the agreement with East West Partners for presenting sponsorship to the town's Independence Day celebration on July 3, 2006. East West Partners, on behalf of the Westin Riverfront Resort and Spa has agreed to support this event at the $20,000 level. Attached for signature is the agreement between the Town of Avon and East West Partners. Upon signing, the event will be called American National Bank's Salute to the USA, presented by the Westin Riverfront Resort and Spa, in Avon, Colorado! TOWN MANAGER COMMENTS: M 1 00 #LkD ve,w J LETTER OF AGREEMENT Between Town of Avon Presenting Sponsor P.O. Box 975 Avon, Colorado 81620 Westin Riverfront Resort and Soa 970 748 4032 This Agreement is entered Into by and between Town of Avon (the "TOA"), an incorporated !Deletes: Town of the State of Colorado and We tl, 'n Rive rant Resort qMd Spg_._ C_ Sponsor °(,___•_ --------------- _. - ' r W ITNESSETH: Whereas, the TOA has the exclusive right to organize and conduct the "Salute to the U.S.A." ( "the Event") within Nottingham Park and has scheduled activities as part of its summer programs on July 3, 2006 and Whereas, Sponsor Is interested in providing financial support for the Event in exchange for certain promotional rights to be provided by the TOA for Sponsor's interests; NOW, THEREFORE, In consideration of the mutual promises herein contained, the adequacy and sufficiency of which is herby acknowledged, the parties hereby agree as follows: 1. Term This term of this Agreement begins on the date the Agreement is signed by both parties and shall continue in full force and effect through July 3, 2006, except the provisions of Paragraph 13 hereof, which provisions shall be effective as provided in that paragraph, 2. Nature of Services The services are described In this Agreement and the related Attachments. The TOA hereby grants Sponsor the exclusive rights to the Sponsorship acknowledgments and benefits as outlined herein and in Attachment A. Sponsor shall hove exclusive rights for this category level. 3. Compensation and Commitments Sponsor agrees to pay the TOA by the date specified in Attachment B and the amount outlined in Attachment B in exchange for the Sponsorship and benefits promised herein and in related Attachments. Should the Sponsorship Fee not be paid in full by the date specified in Attachment B, the TOA has the right to ban all Sponsor's activities and signage from setting up on Event grounds. Sponsor agrees to fulfill its pre -event and on -site obligations and commitments as outlined herein and in related Attachments. 4. Reference to Sponsorship in Advertising Subject to the TOA's rights of approval as described in this Agreement, during the term of this Agreement, Sponsor may identify itself as a Sponsor of Event and may use the name of the event or location in its advertising. 6, Use of Trademarks Sponsor grants the TOA the right and non - exclusive license, worldwide and royalty free, during the term of this Agreement, to use the Sponsor's trademarks to advertise, publicly represent and otherwise promote the fact that it is a Sponsor of the Event. This license specifically authorizes the TOA to refer to "Sponsor" as a Sponsor of the Event. The TOA grants Sponsor the right and non - exclusive license, worldwide and royalty free, during the term of this Agreement, to use the TOA's trademarks to advertise, publicly represent and t6 Please acknowledge that each page is satisfactory by initialing: TOA Sponsor Page 1 otherwise promote the fact that it is a Sponsor of The Event. This license specifically authorizes Sponsor and /or "Sponsor" to refer to itself as a Sponsor of the Event. Before either party may use the trademark licenses referred to in this Agreement, it shall first submit the concept or a sample of the proposed use to the other party, for approval, which approval shall not be unreasonably withheld. Sample of the TOA's trademark: HEART qk the 3UALLEY. 1 Sample of the Sponsors's trademark: 1 Tote submitted ate ate dQte 7. Signage and Banners All Sponsor Signage at the Event must represent Sponsor, and be approved by the TOA in advance of the Event, which approval will not be unreasonably withheld. The TOA assumes no responsibility in case of loss or damage to Signage submitted for use during the Event. No third party or handwritten Signage is allowed and all Signage must be of professional quality. Signage of designated media Sponsors is allowed, subject to approval by the TOA and Sponsor. Sponsor must make best efforts to ensure that handbills /flyers /posters etc. created for the Event are distributed legally and with proper approval 8. Fulfillment/ Force Majeure Events In the event that any scheduled performance or activity is subject to cancellation by illness, accidents, failure of means of transportation, lack of event funding, act of God, riots, strikes, labor difficulties, act or order of any public authority, or any cause similar, to the foregoing which is beyond control of the parties, both shall be relieved of their respective obligations for the performance or activity so prevented, and Sponsor shall be entitled to an immediate refund of the Sponsorship fee. In the event that the event is postponed for one day due to rain, the Sponsorship fee will not be refunded. 4. Discretionary Matters It is agreed that the TOA enters into this agreement as the producer of the Event, and it has sole and exclusive control over the production and presentation of scheduled Event performances or activities, including but not limited to, details, means and meth of performances and Please acknowledge that each page is satisfactory by initialing: C TOA Sponsor Page 2 activities presented, and persons employed by the TOA. Sponsor has no right to control or direct the result of or the details, methods, manner or means by which the TOA manages or operates its business or performs the services related to transportation, facilities, equipment and supplies needed to fulfill this Agreement. The TOA reserves the right to terminate this agreement with Sponsor when Sponsor's actions are determined to be materially detrimental to the good image of the Event. Any decision affecting any matter not expressly provided herein or attached hereto shall rest solely with the TOA. 10. Notices All notices, payments and statements provided for herein shall be in writing and shall be deemed given if sent by Registered or Certified Mall, postage prepaid, by express delivery service (receipt requested), or by verifiable facsimile transmission, addressed to the parties at their respective address set forth below, or at such other addresses as either party may from time to time specify to the other in writing: The TOA: Town of Avon Town Clerk P.O. Box 975 Avon, Colorado 81620 970 748 4032 Sponsor: 11. indemnity TOA will Indemnify Sponsor and hold Sponsor harmless against any loss, claim, damage, liability or expense that Sponsor may suffer or that may be asserted against Sponsor in connection with any injury, death or property damage resulting from the Event, subject to the limitations of the Colorado Governmental Immunity Act. 12. Law This Agreement shall be construed, governed and interpreted pursuant to the laws of the State of Colorado applicable to agreements only to be performed therein. 12. Venue Venue for any legal proceeding arising from this agreement shall be proper in any court of competent jurisdiction located in the County of Eagle, State of Colorado. 13. Future Years As a sponsor for the current year 2006, Sponsor is entitled to "first right of refusal" of Presenting Sponsor category (Attachment A) for the following year (2007) at the cost set for that category for that year. Such first right of refusal shall be exercised only in writing and only on or before December 29, 2006. In WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first written above. Please acknowledge lhar each page is satisfactory by initialing: `;i- TOA Sponsor Page 3 Sown of Avon Ron Wolfe Mayor Sponsor Signature VIC, P' /C 5 t D 6N 7- Title Please acknowledge that each page is satisfactory by initialing: TOA Page 4 Date 3 -2.3 - ©!v Date (;2�1 Sponsor ATTACHMENT A SPONSOR ACKNOWLEDGEMENTS 8 BENEFITS Definition of Sponsorship: Sponsor shall be the Presenting Sponsor of Salute to the U.S.A. to be held in Avon, Colorado. The TOA will provide Sponsor with the following event - related acknowledgements and benefits: 1. Sponsor Will be Recognized as the Presenting Sponsor: • The name of the event will appear as follows in all promotions, (including print materials, advertising, radio ads, web submissions and signage): "Title Sponsor's" Salute to the USA in Avon, CO presented by "presenting sponsor ". • Event name will be included in event press release. Event name will be featured on TOA website - event name will scroll on avon.org homepage for two weeks prior to event. 2. Sponsor Name /logo Prominent Placement in /On: • All print and web related marketing developed in support of the Event. • Bridge Banner to hang on Railroad Bridge in Avon for one month prior to Salute. • Posters to be distributed prior to event in local and regional businesses. • Radio Advertising for the event. 3. Sponsor On -Site Exposure: • Sponsor will be thanked during stage announcements made prior to artists performing on the stage, during set breaks, and prior to fireworks show. • Placement of 12 Sponsor banners prominently throughout event site. Sponsor and TOA will mutually agree upon a venue signage planSignage costs are not included in the Sponsorship fee. 4. Sponsor Promotions: • Sponsor has the opportunity to develop, produce, and implement promotions related to the Event with prior approval by The TOA. The TOA must have the opportunity to review and authorize any promotions or advertisement utilizing the Event name, likeness, or logo during the conceptual stage, and then again prior to final production. Such authorization shall not be unreasonably withheld. • Sponsor has the opportunity to develop Product placement /display on site in Nottingham Park during the event and possibly in Avon Rec Center lobby prior to event. The TOA must have the opportunity to review and authorize any promotions during the conceptual stage, and then again prior to final production. Such authorization shall not be unreasonably withheld. 5. VIP Posses /Additional Benefits: • The TOA will provide 15 VIP passes to the Sponsor, and 5 parking passes. • Sponsor will receive either one annual passes or three 25 -punch admission cards to the Avon Rec Center. Please acknowledge that each page is satisfactory by initialing: 0�� TOA Sponsor Page 5 ATTACHMENT B • SPONSORSHIP FEES & ADVERTISING COMMITMENTS • (Sponsor) agrees to pay the TOA 20,000 dollars ($) by May 10, 2006. • Sponsorship fee entitles the Sponsor to the terms listed in the above agreement, Please acknowledge that each page is satisfactory by initialing: C TOA Sponsor Page 6 n LL'11= J_I_I_l01 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer` Jeffrey Schneider, Engineer II Date: April 4, 2006 Re: Resolution No. 06 -05 — A Resolution Denying Preliminary Subdivision Plan for a Resubdivision of Lots 44 and 45, Block 4 Wildridge, Town of Avon, Eagle County, Colorado (5123 & 5129 Longsun Lane) (Public Hearing) Summary: Samuel Ecker and Bruce and Susan Baca have submitted a revised application for a Preliminary Subdivision Plan approval in conjunction with a PUD Amendment Application for Lot 44 & 45, Block 4, Wildridge (5123 & 5129 Longsun Lane). The proposed PUD Amendment would convert two duplex lots to three single- family lots. The Amendment would permanently reduce the density for the properties by one dwelling unit, and a new lot would be created for the third single- family residence. The new parcel would be accessed from Wildridge Road East as opposed to using one of two existing access points on Longsun Lane. Following a public hearing, the Planning and Zoning Commission adopted Resolution No. 05 -14 recommending denial of the proposed P.U.D. application and Preliminary Plan at their December 20, 2005 meeting. The Town Council tabled the application at the January 10, 2006 meeting. The application was then remanded back to the Planning & Zoning Commission since revised drawings were presented that had not been presented to Planning and Zoning. Planning and Zoning recommended denial of the application at the March 21, 2006 meeting. Final action on the Preliminary Plan should correspond with final action on the Proposed P17D Amendment. The proposed Preliminary Subdivision Plan Application should be considered in conjunction with final action on the proposed PUD Application. If Council approves on First Reading, Ordinance No. 06 -01, an Ordinance approving the proposed PUD amendment, we recommend Council table action on this Resolution until Second Reading of the Ordinance. If Council denies the proposed PUD Amendment by the 1:\ Engineering\ Subdivision \WildridgeUA4 &45B4 WR Res 06-05 Memo2 4 4- 06.Doc adoption of Resolution No. 06 -06 we recommend adoption of this Resolution to deny the is corresponding Preliminary Subdivision Plan. If Ordinance 06 -01 is approved on the first reading, an amended Resolution will be prepared for approval of the Preliminary Subdivision Plan. This Resolution 06 -05 is based upon the recommendation of the Planning and Zoning Commission with respect to proposed PUD Amendment and Preliminary Subdivision Plan. Discussion: The applicant has slightly revised the Preliminary Subdivision Plan for Lots 44 & 45, Block 4, Wildridge, since the tabling at the January 24, 2006 council meeting. The changes to the Preliminary Subdivision Plan are summarized below: • The building envelope was shifted to the east and out of the slopes exceeding 40 %; • Non - developable areas were further defined; • A 5,000 square foot (excluding garage) maximum building size was applied to Lot 44B. The Preliminary Subdivision Plan for Lots 44 & 45, Block 4, Wildridge has been reviewed by Town staff. The following comments are noted: • There appears to be a conflict between the proposed driveway alignment/grading and existing sewer service for Lot 44; • • Proposed vehicle access would not meet Town standards for a perpendicular 20' approach to a public way. A perpendicular access would cause more site disturbance. If Ordinance 06 -01 is approved, the following conditions must be met in order to -gain approval of the Preliminary Subdivision Plan: • Access should be revised to include 20 feet perpendicular to the street; • Resolve possible sewer line and driveway conflicts prior to Final Plat; The Planning and Zoning Commission recommended denial to Council via a 4 -3 vote, stating that the applicant failed to demonstrate a hardship for creation of a third single - family residence. Recommendation: Based on Denial of Ordinance No. 06 -01- (Approval of Resolution No. 06 -06) Approve Resolution 06 -05, Series of 2006, to Deny Preliminary Subdivision Plan approval for a Resubdivision of Lots 44 & 45, Block 4, Wildridge, Town of Avon, Eagle County,, Colorado. I:Tngineering\ Subdivision \Wildridge\L44 &45B4WR Res 06-05 Memo2 44- 06.Doc • Page 2 0 Alternative: Based Approval of Ordinance No. 06 -01 on First Reading 1] Table action on Resolution No. 06 -05 until Second Reading of Ordinance No. 06 -01 Proposed Motion: I move to approve Resolution No. 06 -05, Series of 2006, A Resolution Denying the Preliminary Subdivision Plan for a Resubdivision of Lots 44 & 45, Block 4, Wildridge, Town of Avon, Eagle County, Colorado. Alternate Motion: I move to Table Resolution No. 06 -05, Series of 2006 until Second Reading of Ordinance No. 06 -01, An Ordinance Approving an Amendment to the Wildridge Planned Unit Development for Lot 44 and Lot 45, Block 4, Wildridge, Town of Avon, Eagle County, Colorado. Town Manager Comments: Attachments: Exhibit 1 - Resolution No. 06 -05 Denying Preliminary Plat Exhibit 2 Preliminary Subdivision Plan Sheet I:\ Engineering\ Subdivision\Wildridge \L44 &45B4WR Res 06-05 Memo2 4- 4- 06.Doc • Page 3 TOWN OF AVON RESOLUTION NO. 06 -05 Series of 2006 A RESOLUTION DENYING PRELIMINARY SUBDIVISION PLAN FOR A RESUBDIVISION OF LOTS 44 & 45, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Samuel Ecker and Bruce and Susan Baca have applied for a PUD Amendment and Preliminary Plan for a Resubdivision of Lots 44 & 45, Block 4, Wildridge, Town of Avon, Eagle County, Colorado; and WHEREAS, said Preliminary Subdivision Plan provides for the resubdivision of two existing duplex lots into three single family lots; and WHEREAS, said application for a PUD Amendment for Lots 44 & 45, Block 4, Wildridge was reviewed by the Planning and Zoning Commission of the Town of Avon; and WHEREAS, following a public hearing and said review of the proposed PUD Amendment, the Planning and Zoning Commission recommended Town Council denial of the proposed PUD Amendment; and WHEREAS, the Proposed Preliminary Subdivision Plan is not in conformance with the Wildridge P.U.D.; and WHEREAS, The Town Council finds that the proposed subdivision does not conform to applicable zoning regulations and the applicable considerations: (1) The Comprehensive Plan; - -- (2) For Planned Unit Developments, the relevant Planned Unit Master Plan and the Comprehensive Plan as reflected in the approval of that Planned Unit Development; (3) Physical suitability of lots proposed for subdivision; and (4) Compatibility with surrounding land uses. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the Proposed Preliminary Subdivision Plan for a Resubdivision of Lots 44 & 45, Block 4, Wildridge, Town of Avon, Eagle County, Colorado does not comply with the Zoning and Subdivision Regulations of the Town and is hereby denied. is 1: \Engineering\ Subdivision \Wildridge \L44 &45B4WR Res 06 -05 Denial.Doc C, ADOPTED THIS DAY OF January, 2006. . ATTEST: Patty McKenny, Town Clerk 1:AEngineering\ Subdivision AWildridgeAL44 &45B4WR Res 06-05 Denial.Doc TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor or-_— 4 V I I 71Nl I• T Y M i PRELIMINARY PLAN A RESUBDI VI SI ON OF LOTS 44 & 45, BLOCK 4, WILDRIDOE fO ft 5 + ALUM11OUN" CAP. L.S. 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CERT94CATIOM SHOAN HIFIM LOT 44A 14, ;;Z�&Ahth` 0011691110, BY ITOPLAT OWL BE OCCUR 0.3ft ACRES SEM SERVICE LINE ON NWAW"H=Twvwgfm$Fscmmgpom*FYWTOMOFAVOK $HALL SO P"YNOAUT UNONSTUFNED ANOUNt IN IT$ PREOW NATURAL STATE 809" FOR APPROVED UtRITY SEW" MANHOLE 6) NO STRUCTURE SMALL BE WALT UPON LOT 446 IN MESS OFUM $WAITE FEET (EXCLUDING GARAGE1. Tr LOT 43C RECENED 6, AREA OF 1, SAMUEL K ECXER, A PROFESSIONAL LAND SURVrmR REGISTERED UNDER THE LAWS OF THE STATE % Of COLOMXX DO HEREBY CERTIFY THAT THIS TOPOGRAPHIC MAP WAS MADE BY ME AND UNDER MY BEST OF MY KNO".EDGE. 06 SUIPVWISION. AND THAT THE MAP IS. ACCURATE AND COFfIECT TO THE MAR 1 20 S SAMUEL K EPCER x COLORADO P" W 3000 FOR AND ON POMP OF GORE RANGE SUNIVOYING LLC "N -IT 4AR z, TRACT 0 Fe ATED CATV PM v .. ......... 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SINGRAFAWYAESVENtIAL WNW04FOOGEROADEAST TANGENT - 6CLOCY LOT 448 —01 LOT 46A GAP At, SINGLE FAMILYRESIDENTAL IMLONGSUNW4E CHORD - 119.05, ACCESS POINT 54 2m AC Ibmr, BRG - N31""OD•W 02- mw 0JI2112OW 02-067P.4f. 067 JHW I - t TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, APRIL 11 2006 AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM TAMRA NOTTINGHAM UNDERWOOD COUNCILORS DEBBIE BUCKLEY KRISTI FERRARO MAC MCDEVITT AMY PHILLIPS BRIAN SIPES TOWN STAFF TOWN ATTORNEY: JOHN DUNN TOWN CLERK: PATTY MCKENNY TOWN MANAGER: LARRY BROOKS ASSISTANT TOWN MANAGER: JACQUIE HALBURNT THIS MEETING IS OPEN TO THE PUBLIC; COMMENTS FROM THE PUBLIC ARE WELCOME ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND COUNCIL MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND CITY MARKET THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH WORK SESSION AGENDA MEETING BEGINS AT 1 PM 1:00 PM — 3:30 PM 1. EXECUTIVE SESSION (John Dunn, Town Attorney) pursuant to CRS 24-6 - 402(4)(b) conference with attorney for the local public body for the purpose of receiving legal advice on specific legal questions, specifically Confluence water rights, and discussion of Legal Subcommittee Update, including recommended amendments to Town's vested rights ordinance and recommendations regarding criteria and conditions for PUD Amendments; discussion of land acquisition for transportation center; and discussion of transportation services 3:30 PM — 3:45 PM 2. APPROVAL OF WORK SESSION AGENDA & COUNCIL ASSIGNMENT UPDATES a. Discussion and review of the Planning & Zoning Commission Applications (Mayor Wolfe) b. Update on Avon Elementary School Student Council Meeting (Mayor Pro Tern Underwood) 3:45 PM — 5:15 PM 3. Eagle County and Avon Housing Needs Discussion (K.T. Gazunis, Eagle County Housing Director and Tambi Katieb, Community Development Director) Discussion on attainable / affordable housing issues facing Eagle County with a review of county housing guidelines and studies 4. STAFF UPDATES a. Project Summary Report / Memo only / Update on the status of town wide projects b. Business Registration Update (Patty McKenny, Town Clerk) Memo only / Update on new & terminated businesses in Avon 5:15 PM 5. ADJOURNMENT Avon Council Meeting.06.04.1 I Page 1 of 4 A - 11 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Tambi Katieb, AICP Community Development Direcq 00 Date: April 6, 2006 Re: Planning & Zoning Commission Interviews Summary: The Mayor has asked staff to forward the six applications we have received thus far for Planning & Zoning Commissioners for your consideration. Though the application deadline was been extended to April 17th as a result of having a very slow response to the advertisement for openings, the Mayor has requested input from Council on the appointmentlinterview process should we not receive any further applications. As a reminder, we have six positions available May 1St, 2006 by way of term expirations and two members that have declined to continue their respective terms as a result of moving from Avon (Christy D'Agostino and Jim Buckner). I've attached both Commissioner Terms and the 2005 -2006 Attendance records for your review. Also attached for reference is a copy of the Town Code requirements for membership to the Commission, which places priority on selecting a balanced group of industry professional and lay community. Following is a summary of the six applicants and their backgrounds, as well as the background of our continuing member: Chris Evans Vice President/Operations Manager for Evans Chaffee Construction Group (Construction) / Resident Terry Smith HP /Compaq Management (Computer Industry) / Resident Phil Struve Retired (Technology Management) / Resident Dave Dantas President of Dantas Builders (Construction) / Resident W. Todd Gouldling Project Manager VRDC (Real Estate Development) / Resident Andrew Lane Architect with Zehren and Associates (Architecture) / Resident Chris Green Architect (Architecture) / Resident Cytfin'l FACounci1\MEM0S\2006 \P&Z Interviews 41106.doc Attachments: A: Applications received by 4.3.06 B: Chapter 2.16 of Avon Municipal Code (Planning & Zoning Commission) C: Commissioner Attendance Record and Terms FACounci1\MEMOS\20061P&Z Interviews 41106.doc e � � EXHIBIT B Administration and Personnel — Municipal Section 2.08.100 subject to the approval of the Town Council. The CHAPTER 2.16 clerk shall have and carry out such duties as are delegated to him or her by law, court rules or the Planning and Zoning Commission presiding Municipal Judge. (b) All fines, costs and other funds collected or received by the Municipal Court shall be reported and paid monthly by the clerk to whomever the Mayor or Town Manager, if there be one, shall designate. The clerk shall further keep such records and reports as designated by the Mayor or Town Manager, if there be one. (c) The clerk shall be compensated according to a predetermined salary schedule and shall be paid on the same pay schedule as other regular, full -time employees of the Town. (Ord. 02 -04 §2(part); Ord. 01 -02 § 1; Ord. 79 -8 § 10) 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 8.24.050 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 15.08300 Violations 15.12.060 Violations 15.20.110 Violation 15.24.110 Violation 17.12.030 Permit requirement 17.12.0708 Violations — Penalties and remedies (Ord. 02 -08 § 11) 2 -3 Supp. 6 2.16.010 Establishment and purpose. (a) There is hereby established a Planning and Zoning Commission of the Town. (b) The purposes of the Planning and Zoning Commission are as follows: (1) To guide and accomplish a coordinated, adjusted and harmonious development of the municipality and its environs, which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire, floodwaters and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds and the adequate provision of public utilities and other public requirements; (2) To secure safety from fire, panic, flood- waters and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; (3) To preserve the natural beauty of the Town's site and setting, to prevent indiscriminate clearing of property, removal of trees and earthmoving, and to attain the objectives set out in this Chapter through design review of the exterior design of all new structures and property development and additions to all existing structures and property development. Administration and Personnel — Planning and Zoning Commission (c) The objectives of the design review function of the Planning and Zoning Commission shall be as follows: (1) To prevent excessive or unsightly grad- ing of property which could cause disruption of natural watercourses or scar natural landforms; (2) To ensure that the location and configu- ration of structures, including signs and signage, are visually harmonious with their sites and with surrounding sites and structures and that there shall be conformance to the master plan of record of the Town; (3) To ensure that the architectural design of structures and their materials and colors are visually harmonious with the Town's overall appearance, with surrounding development, with natural and existing landforms and with officially approved development plans, if any, for the areas in which the structures are proposed to be located; (4) To ensure that plans for the landscaping of property and open spaces conform with the rules and regulations as prescribed by the Town and by this Chapter and to provide visually pleasing settings for structures on the same site and on adjoining and nearby sites. (Ord. 83 -11 § 1(part)) 2.16.020 Definitions. Certain terms as used in this Chapter are defined in this Section. The Commission shall define such other terms as necessary to be used in its rules and regulations. Clerk means the Town Clerk of the Town. Commission means the Planning and Zoning Commission of the Town. Council means the elected Town Council of the Town. 2 -4 Supp. 6 Section 2.16.010 County means the County of Eagle, Colorado. Town means the Town of Avon, Colorado. (Ord. 83 -11 § 1(part)) 2.16.030 Created – membership – terms. (a) Effective the first day of May, 1983, there is created a Planning and Zoning Commission of the Town composed of seven (7) members appointed by the Town Council, to which is delegated the powers and duties to administer this Chapter. (b) The term Planning and Zoning Commission shall be deemed to refer to the full seven - member Commission, which Commission shall fulfill all duties and have all powers now or hereafter delegated to either the Planning and Zoning Commission of the Town or the Design Review Board of the Town. (c) Effective the first day of May, 1983, the existence of the independent Design Review Board of the Town heretofore created is terminated; provided, however, that all matters pending before the Design Review Board on such date shall fall within the jurisdiction of the Planning and Zoning Commission, and the rules and regulations of the Design Review Board shall be the rules and regulations of the Commission until modified by the Commission and approved by the Town Council. (d) Because of its dual role as both a Planning Commission and a Design Review Authority, it is recognized that a balance in the membership is necessary between the lay community and industry professionals (architects, landscape architects, designers, real estate developers and/or contrac- tors). Registered electors residing in the County shall be eligible for appointment, but at least five (5) members shall be registered electors of the Town at the time of their appointment to the Administration and Personnel — Planning and Zoning Commission Commission. Appointments shall be made first to maintain the balance between industry profession- als and the lay community (it is recommended that a minimum of two [2] to three [3] industry professionals hold positions on the Commission at all times and that two [2] of these professionals be architects, landscape architects or designers) and then by the following criteria in descending order: (1) Registered electors of the Town shall be preferred over persons who are not registered electors. (2) Persons who own real property or a business within the Town shall be preferred over persons who do not. (3) Persons having special skills and experi- ence of particular value to the Commission shall be preferred over persons who do not. (e) The term of office for a member shall be two (2) years on an overlapping tenure; provided, however, that of the members initially appointed, three (3) members shall serve for terms of one (1) year and four (4) members shall serve for terms of two (2) years, respectively, and after the expiration of the initial terms, each member subsequently appointed shall serve for a term of two (2) years. (Ord. 05 -06 §1; Ord. 94 -9 §1; Ord. 83 -31 §1; Ord. 83 -11 §1(part) 2.16.040 Vacancies. A vacancy on the Planning and Zoning Com- mission shall occur whenever a member of the Commission is removed by the Town Council, dies, becomes incapacitated and unable to perform his or her duties for a period of ninety (90) days, resigns, ceases to be a registered elector of the Town or is convicted of a felony. A member of the Commission who ceases to possess the qualifica- tions for office possessed by him or her at the time of his or her appointment may be permitted by the Town Council to serve until the end of his or her 2 -5 Supp. 6 Section 2.16.030 term, provided he or she continues to reside in the County. A member of the Commission may be removed for misconduct, including but not limited to repeated absence from meetings or violation of the Town's code of ethics. In the event a vacancy occurs, the Town Council shall appoint a successor to fill the vacancy and serve the remainder of the term of the former member. Ord. 05 -06 §2; Ord. 94 -9 §2; Ord. 83 -11 §1(part)) 2.16.050 Compensation. All members of the Commission shall serve with compensation at the rate of seventy -five dollars ($75.00) per each attended meeting, not to exceed one hundred fifty dollars ($150.00) per month, and be reimbursed for all authorized personal expenses incurred while performing duties as a Commission member. (Ord. 96 -2) 2.16.060 Organization. The Commission shall select its own chairman, a vice chairman and a secretary from among its members. The chairman or, in his or her absence, the vice chairman, shall be the presiding officer of its meeting. In the absence of both the chairman and the vice chairman from a meeting, the members present shall appoint a member to serve as acting chairman at the meeting. All meetings shall be held at the offices of the Town, unless otherwise specified, with adequate notice given to all interested parties. Four (4) members shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number shall adjourn any meeting to a later time or date and in the absence of all members, any staff member shall adjourn any meeting to a later time or date. (Ord. 83 -11 § 1(part)) 2.16.070 Rules of procedure. The Commission shall operate in accordance with its own rules of procedure as provided for in Section 11.2 of the Town Charter. The rules shall be filed with the Town Clerk and maintained in the Administration and Personnel — Planning and Zoning Commission records of the Town and shall be subject to public inspection; provided, however, that the Commission shall submit its proposed rules or any amendment thereto to the Town Council, which by motion shall approve the rules or amendment and direct their adoption by the Commission, or disapprove the proposal with directions for revision and resubmission. (Ord. 83 -11 § 1(part)) 2.16.080 Authority to retain consultants. The Commission is authorized to retain the ser- vices of one (1) or more consultants, provided funds have been appropriated by the Town for said purpose, to advise and assist the Commission in performing the functions prescribed in this Chapter. The consultants may be retained to advise the commission on a single project, on a number of projects, or on a continuing basis. (Ord. 83 -11 § 1(part)) 2.16.090 Meetings. The Planning and Zoning Commission shall meet in accordance with the rules of procedure governing the Commission, and otherwise upon the call of the chairman, or in the absence of the chairman, by the vice chairman. Meetings shall be called sufficiently frequently that the procedure prescribed in this Chapter shall commence within thirty (30) days of submission of all materials required by this Code. (Ord. 83 -11 § 1(part)) [►AIr'�[Ii1=,YlifA The Planning Director shall serve as the staff of the Commission, and shall provide for the service of a recording secretary, who shall act in the capacity of secretary for the Commission for the purpose of receiving applications and other material for consideration for the Commission. (Ord. 83 -11 §1(part)) 2.16.110 Duties of the Commission. The Planning and Zoning Commission shall have the following functions and duties: 2 -6 Supp. 6 Section 2.16.070 (1) To make and recommend to the Town Council plans for the physical development of the Town, including any areas outside its boundaries, subject to the approval of the legislative or governing body having jurisdic- tion thereof, which in the Commission's judgment bear relation to the planning of the Town. The plan, with the accompanying maps, plats, charts and descriptive matter, shall show the Commission's recommendations for the development of the subject territory; (2) To review and recommend to the Town Council desirable or necessary modifications to the zoning ordinance, with appropriate regula- tions, which may be specifically provided or required by ordinance of the Town; (3) To review and recommend to the Town Council desirable or necessary modifications to the subdivision regulations, as may be provided or required by ordinance of the Town; (4) To review and approve design review procedures and criteria as they relate to the zoning ordinance, (5) To review and comment on programs and studies of planning issues for the Town and its environs; (6) To conduct research and appropriate studies of planning issues for the Town and its environs; (7) To act as the Design Review Board of the Town and to perform all duties and exercise all powers assigned to the Design Review Board of the Town; (8) To consider any other matters pertaining to the Commission as provided by law, resolution or ordinance, and to act in an advisory capacity to the Town Council when so requested, and to perform all other powers and duties authorized and required by ordinance or state law; Administration and Personnel — Planning and Zoning Commission Section 2.16.110 (9) To review and approve, disapprove or conditionally approve design of all proposed structures in the Town, based upon criteria and procedures determined necessary for the health, safety and welfare of the residents of the Town and approved by the Town Council. The Town shall not authorize site preparation, building construction, sign erection or application, exterior alteration or enlargement of an existing structure or paving, fencing, planting or other improvements of open space unless design approval has been granted as prescribed in this Chapter. (Ord. 83 -11 § 1(part)) 2.16.120 Performance bonding. If the Commission determines such action is necessary to protect the health, safety and welfare of the residents of the Town, prior to issuing approval of any application, the Commission may require permittee to submit, prior to obtaining a building permit, a letter of credit, surety bond or other adequate security, in a form and an amount acceptable to the Town, guaranteeing to the Town the compliance with all requirements of the Commission, or regulations or ordinances of the Town. It is not the intention of this provision that duplicate bonding be a requirement. (Ord. 83 -11 § 1(part)) 2.16.130 Material to be submitted. (a) The Commission shall adopt rules and regulations for the submission of applications, materials and information requiring action by the Commission. The rules and regulations shall include procedures, schedules, content and quantities of materials to be submitted. (b) The owner or authorized agent of any pro- posed project requiring action by the Commission shall submit all of the required material and infor- mation in accordance with the rules and regulations of the Commission. Any application found incom- plete shall not come before the Commission. (Ord. 83 -11 §1(part)) 2 -6a Supp. 6 Administration & Personnel — Planning and Zoning Commission 2.16.140 Variances. The Commission may provide for certain vari- ances, exceptions and exemptions from the requirements of its rules and regulations. (Ord. 83- 11 § 1(part)) 2.16.150 Fees. The Town Council shall establish a schedule sufficient to cover the cost of Town staff time, con- sultant's fees, public notices ° and incidental expenses of the Commission. (Ord. 83 -11 § 1(part)) 2.16.160 Appeal to Town Council. (a) Appeal of any decision of the Planning and Zoning Commission shall be governed by the pro- visions of this Section. (b) Decisions of the Planning and Zoning Commission may be appealed to the Town Council by the applicant or any interested person or may be reviewed at the request of a majority of the Town Council at any time before the decision becomes final. An interested person is an adjacent property owner or a person entitled to have notice of the hearing mailed to him or her in association with the action of the Commission. (c) Within five (5) working days following action of the Planning and Zoning Commission, notification of its decision shall be deposited in the United States mail to the applicant and his or her designated agent. The decision shall become final unless a written appeal or request for review by the Mayor is received by the Town Clerk within fifteen (15) days of the decision of the Planning and Zon- ing Commission. (d) Not more than thirty (30) days following the filing of an appeal, or the request for review by the Town Council, the Town Council shall review the action of the Planning and Zoning Commission. The Town Council shall, in writing, confirm, mod- ify or reverse the decision of the Commission within thirty (30) days following the commence- ment of review. If it deems insufficient informa- tion is available to provide the basis for a sound decision, the Town Council may postpone final 2 -7 Supp. 4 Section 2.16.140 action for not more than thirty (30) additional days. Failure of the Town Council to act within thirty (30) additional days shall be deemed action con- firming the decision of the Commission unless the applicant consents to a time extension. Action of the Town Council shall become final immediately. (e) Any decision by the Town Council which results in action modifying or reversing the deci- sion of the Planning and Zoning Commission shall specifically describe the reasons therefor. (f) Any appeal must be presented to the Town Clerk at the Town office, and each appeal must be accompanied by a processing fee of fifty dollars ($50.00). (Ord. 04 -07 § §1 -5, Ord. 92 -12 §1; Ord. 83 -11 § 1(part)) 2.16.170 Lapse of approval. Approval of an application of any nature except zoning shall lapse and shall become void two (2) years following the date of final approval of the application prescribed by ordinance, unless, prior to the expiration of two (2) years, a building permit based upon such approval is issued and construc- tion is commenced and diligently pursued toward completion. (Ord. 83 -11 § 1(part)) CHAPTER 2.20 Board of Building Appeals 2.20.010 Establishment – membership – compensation – Town Clerk to act as secretary. (a) There is established the Board of Building Appeals, which shall consist, until the Town Coun- cil otherwise determines by ordinance, of the com- plete and entire membership of the Town Council. (b) Each member of the Board of Building Appeals shall be compensated in the amount of twenty -five dollars ($25.00) for each meeting attended, unless that meeting is held immediately before or immediately after a regular or special CURRENT PLANNING AND ZONING COMMISSION TERMS MEMBER ELECTED -LAST RENEWAL TERM EXPIRATION Tim Savage 5/1/04 5/1/06 Chris Evans 1/1/97- 5/1/02- 5 /1/04 5/1/06 Phil Struve 5/1/04 5/1/06 Terry Smith 5/1/02 - 5/1/04 5/1/06 Christopher Green 6/1/05 5/1/07 *James Buckner 6/1/05 5/1/07 Christy D'Agostino 6/1/05 5/1/07 Members who have moved out of Avon. Re- review required in May 06. Paul Klein 5/1/98 - 5/1/00 5/1/02 Greg Macik 5/1/98 - 5/1/02 5/1/03 Ron Wolfe 5/1/01- 11/16/02 5/1/03 Brian Sipes 10/20/98 - 5/1/02 5/1/02 Michael McClinton 5/1/01- 3/18/03 3/18/03 Ron Neville 5/1/03 - 5/1/04 5/1/04 Pat Him 10/20/98- 5/1/04 5/1/04 Bob Trueblood 3/18/03 - 05/1/05 3/31/05 Andrew Karow 5/1/96 - 5/1/03 6/1/05 Buz Didier 11/16/02 - 5/1/03 6/1/05 NOTES: Terms are for two years only, subject to renewal by Council, effective the first.day of May 1983. -Brian Sipes filled Council vacancy by Rick Cuny in 2002/ Elected to Council on 11/16/02 / Remainder of his term filled by Patrick Him. -Ron Wolfe was elected to Council on 11/16/02 / Remainder of his term filled by Buz Didier. -Bob Trueblood filled vacancy by Mike McClinton and Bob resigned 3/31/05 Ron Neville filled vacancy by Greg Macik 2005 - 2006 PLANNING AND ZONING COMMISSION ATTENDENCES MEMBER MEETING ATTENDENCE Tim Savage (24/30) Chris Evans (27/30) Phil Struve (30/30) Terry Smith (28/30) Christopher Green (18/20) James Buckner (13/20) Christy D'Agostino (17/20) PERCENT PRESENT 80% 90% 100% 93% 90% 65% 85% l _1= 4 1J1�J To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Tambi Katieb, AICP Community Development Direct Date: April 6, 2006 Re: Eagle County and Avon Housing Needs Discussion Summary: K.T. Gazunis, the Eagle County Housing Director, has been invited to this work session to discuss the many issues surrounding attainable /affordable housing in Eagle County. She will also review the County housing guidelines and recent nexus study that were developed and what issues the Town may want to consider in review and development of housing policy and standards in light of the regional housing data and issues. Planning & Zoning Commissioners have also been invited to attend this discussion. In preparation for this discussion, staff distributed four documents for your review and consideration including the County Housing Needs Update, Nexus Study and Data Report, and the Avon Comp Plan Vision Statement & Housing Policies. 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C.) c 0 — 2 -o < cn C CC) a) < U- E (D = cl) C: a) = Co 5 W E2 2 —Q) -Fo 0) 0 c a) c " (D co c 0 ca Q 0 to 0 0 U) co a; -i a) M c =3 Ica < 0 E L .1) — 0- 0 :2 �o ca a < — CD co (n a) ca 0 >a) a) 0 co -2 =3 C-) 0 w o '-T ca 0 m C: w CZ o 0 0 0. — CD E2 a) "0 0) E 2 QTR co :3 CO 0 cz a2 U :E Z5 (0 ca C c E C: Ln C.) U) 0 a) U) 0) -a e A 0 ca a) m (,o E C.) & 0) - 0) 70 *�5 " o 0 < E CD E 000 (D CD 0 = 0 0 co UO ca m U- Cr C\j Z to c 3 C.) 0 0 F- L c 0 15 ca c 0 m CL CL 0 (, ca (D > ca 0 (n a) c m co co w z :E m ca IJl�J11�J To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Jacquie Halburnt, Asst. Town Manager From: Patty McKenny Date: March 30, 2006 Re: Business Registration Update for Avon Summary: A request has been made to include a list of new businesses registered in Avon in your packet, so below is a list of the new businesses and closed businesses in Avon. NEW BUSINESS REGISTRATIONS New Bus (NB) or Type of Home New Ownership Name of Business Street Address Business Open Date Office (NO) Phoebe Amidon, Simply 25 Hurd Lane, Unit 6 Service - 5/3/2006 no NO Massage, Inc. d /b /a Simply Nottingham Station Massage Massage Therapy Studio Gamestop, Inc. d /b /a 101 Fawcett Road, Suite Retail Sales - 4/1/2006 no new building Gamestop #2964 150 new & used videos Mathew Bayley d /b /a On 360 Hurd Lane Service - Safety 3/1/2006 yes NA Target Consultant / Trainer @ Castle Peak Gun Club & Minturn Shooting Range TERMINATED BUSINESS REGISTRATIONS Name Date Terminated Reason Patagonia 3/6/06 Phone disconnected