TC Council Packet 10-23-2001Town Council Meetings
Roll Call Check Sheet
Tl a to • 1(1 /7 2 //l ?
Michael Brown
Debbie Buckley
Peter Buckley /
Rick Cuny
Mac McDevitt V/ V/
Buz Reynolds
Judy Yoder V/,-
4
Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for
meeting roll call or to break a tie vote.
Seating arrangements from west to east: P. Buckley, Cuny, Reynolds, Yoder, McDevitt,
D. Buckley, Brown
Staff Present:
Bill Efting
Larry Brooks
L/ Burt Levin
Kris Nash
_7'_Jacquie Halburnt
Scott Wright
Jeff Layman
Norm Wood
77 Meryl Jacobs
Bob Reed
Harry Taylor
Ruth Borne
Other Staff 4_i
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN THAT A WORK] SESSION OF THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, WILL BE HELD OCTOBER 23, 2001, AT
3:00 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE
FOLLOWING:
3:00 PM - 3:45 PM 1.) Nottingham Road Bike Path Dedication
(Meet at Avon Municipal Building at 2:45 for transportation to the site or meet at the
bridge behind Golden Eagle Services)
4:15 PM - 4:45 PM 2.) Budget Discussions (Scott Wright)
4:45 PM - 5:00 PM 3.) McGrady Acres Update (Norm Wood)
5:00 PM - 5:15 PM 4.) Staff Updates
Consent Agenda Questions
Council Committee Updates
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL
THIS MEETING IS OPEN TO THE PUBLIC /
TOVA($ OF AVON, COLORADO
BY:
Kristen Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON OCTOBER 19,2001:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
ALPINE BANK
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
0
R?'emo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Scott Wright, Finance Director
Harry Taylor, Transportation Director
Date: October 18, 2001
Re: Transportation Budget
Summary:
Based on the direction that staff was given at the budget retreat, the transportation budget has been
revised to reflect a consolidation of the Town's summer service on the Town Shuttle and the Hurd Lane
Shuttle. This consolidation has resulted in a reduction of 4,354 service hours. In addition, savings
were realized in fixed costs related to coverage of driving hours by supervisory personnel, a $2,500
additional cutback in travel and training costs, and a savings of $27,444 in overtime costs.
In total, the net cost of the Town transit system and the resulting subsidy from the General Fund were
reduced by $175,000.
Attached to this memo is a historical analysis of transit costs. At the meeting on Tuesday, staff will
have some additional handouts to share and will be happy to answer questions.
Town Manager Comments:
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TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
October 23, 2001 - 5:30 PM
1. Call to Order/ Roll Call ?, q-0
2. Citizen Input
a.) Employee Bonus Awards (Jacquie Halburnt)
b.) Fall Fun Night Update (Tommy Schneider)
c.) Appeal of Home Day Care, 2121B Long Spur, Lot 41, Block 1, Wildridge
,j. ?J
3. Ordinances ?',G? '-Z
a.) Second Reading of Ordinance No. 01-12, Series of 2001, An Ordinance Approving the
Barrancas Planned Unit Development (PUD) for Lots 38, 40, and 41, Block 1,
Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado (Ruth
?i Borne) Public Hearing
b.) Second Reading of Ordinance No. 01-13, Series of 2001, An Ordinance Amending
Chapter 17.48 of the Avon Municipal Code Relating to Home Occupations/Child Day
Care (Burt Levin) Public Hearing
c.) Second Reading of Ordinance No. 01-14, Series of 2001, An Ordinance Concerning the
Annexation to the Town of Avon, Colorado, of Certain Property as Described in the
McGrady Acres Petition for Annexation (Norm Wood) Public Hearing
d.)
Second Reading of Ordinance No. 01-15, Series of 2001, An Ordinance Approving an
Agreement Concerning the Terms of Annexation, Development and Subdivision of the
Lands Described in the McGrady Acres Petition for Annexation; Authorizing and
Instructing the Mayor of the Town of Avon to Sign the Agreement on Behalf of the
Town; and Approving a Site Specific Development Plan Establishing a Vested Property
Right Pursuant to Article 68 of Title 24, C.R.S., as Amended (Norm Wood) Public
Hearing
4- "Vo
I
e.) Second Reading of Ordinance No. 01-08, Series of 2001, An Ordinance Approving
Zoning for Lots 1, 2, and 3 of a Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady Acres
Subdivision, Town of Avon, Eagle County, Colorado (Norm Wood) Public Hearing
£) First Reading of Ordinance No. 01-16, Series of 2001, An Ordinance Approving the First
Amendment (the "Amendment") to the Annexation and Development Agreement (the
"Agreement") Between the Town of Avon (the "Town") and Traer Creek LLC, A
Colorado Limited Liability Company, EMD Limited Liability Company, A Colorado
Limited Liability Company (Collectively the "Owner"), and Traer Creek Metropolitan
District, a Quasi-Municipal Corporation and Political Subdivision of the State of
Colorado (the "District") Concerning the Development Rights and Responsibilities of the
Town and the Owner with Respect to the Village at Avon; Authorizing and Instructing
the Mayor of the Town to Sign the Amendment on Behalf of the Town, and Approving
Site Specific Development Plan Establishing a Vested Property Right Pursuant to Articl
68 of Title 24, C.R.S., as Amended (Norm Wood)
4. Resolutions
a.) Resolution No. 01-30, Series of 2001, A Resolution Approving the Articles of
Incorporation and Bylaws of Buffalo Ridge Affordable Housing Corporation (Larry
17, Brooks)
b.) Resolution No. 01-31, Series of 2001, A Resolution Approving Final Subdivision Plat for
a Resubdivision of Lots 1, 2, 3, 4, and 5, McCrady Acres, Town of Avon, Eagle County,
Colorado (Norm Wood)
C/ 5. Unfinished Business
6. New Business
7. Town Manager Report
8. Town Attorney Report
9.
10.
11.
Mayor Report
Other Business
Consent Agenda
a.) Approval of the October 9, 2001 Council Meeting Minutes
b.) Approval of the September 25, 2001, Council Meeting Minutes
c.) Financial Matters
d.) Resolution No. 01-32, Series of 2001, A Resolution Approving the Final Plat, A
Resubdivision of Lot 15, Block 3, Wildridge, Town of Avon, Eagle County, Colorado
e.) Nottingham Road Bike Path - Change Order No. 3
12. Adjournment
IV 6x
C ?VA
E
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Ruth Borne, Director of Community Development
Eric Johnson, Planning Technician
Date October 4, 2001
Re: Appeal to Town Council of Planning and Zoning Commission
Resolution 01-13, Approving a Special Review Use for a Child Day
Care Home
Background
On September 18, 2001 the Planning and Zoning Commission approved Resolution 01-13,
approving a Special Review Use for a Home Occupation to operate a child day care home
at 2121 Long Spur Unit B. The Commission's approval has been appealed to Town
Council.
The Planning and Zoning Commission ruled that the Special Review Use for a Child Day
Care Home conformed to the zoning requirements of an allowed home occupation. Public
opposition to the application included over twenty (20) Wildridge residents. Attached for
your review is a draft copy of the minutes from the September 18, 2001 Planning and
Zoning Commission meeting in addition to the staff report.
Summary
Section 17.12.110 of the Avon Municipal Code governs appeals to the Town Council from
decisions of the Planning and Zoning Commission.
17.12.110 Appeal to town council.
A. A decision of the planning and zoning commission may be appealed to
the town council by the applicant or any aggrieved person or at the
request of the mayor at any time before the decision becomes final.
B. Not more than thirty days following the filing of an appeal, the town
council shall review the action of the planning and zoning commission.
The town council shall, in writing, confirm, modify or reverse the decision
of the commission within thirty days following the commencement of
review. If it deems insufficient information is available to provide the
basis for a sound decision, the town council may postpone final action
for not more than thirty additional days. Failure of the council to act
Memo to Town Council, October 23, 2001 Page 1 of 3
Child Day Care Home Appeal
within thirty additional days shall be deemed a granting of the approval,
unless the applicant consents to a time extension.
C. Any decision by the town council which results in disapproval of the
planning and zoning commission decision shall specifically describe the
reasons for disapproval. (Ord. 91-10 §1 (part)).
Child care is permitted in a residential area as a "Home Occupation" if approved by the
Planning and Zoning Commission as a Special Review Use.
17.08.360 Home occupation.
"Home occupation" means an occupation, profession, activity or use that is
conducted within a dwelling unit and is meant to produce income or revenue, or
any activity associated with a nonprofit organization which:
A. Does not produce noise audible outside the dwelling unit where such
activity is taking place;
B. Limits the amount of customers, visitors or persons, other than the
occupants, to no more than five per day. In the case of day care, no
more children than allowed by the state of Colorado license for a child
care home (a state of Colorado license is also required to operate a
child care home);
C. Does not cause the visible storage or parking of vehicles or equipment
not normally associated with residential use, which shall include but is
not limited to the following: trucks with a rating greater than three-fourths
ton, earth moving equipment and cement mixers;
D. Does not alter the exterior of the property or affect the residential
character of the neighborhood;
E. Does not interfere with parking, access or other normal activities on
adjacent properties, or with other units in a multifamily residential
development;
F. Does not require or allow employees to work on the property;
G. Does not require alteration to the residence to satisfy applicable town
fire or building codes, or county health regulations;
H. Does not require or allow any signs to be visible from the outside of the
property. (Ord. 98-3 §VI: Ord. 91-10 §1(part)).
The criteria for the Council to use in deciding whether to grant a Special Review Use,
including one for a Day Care Home as a Home Occupation, is set forth in section
17.48.040 as follows:
Memo to Town Council, October 23, 2001
Child Day Care Home Appeal
Page 2 of 3 0
C
17.48.040 Criteria for review, recommendation, and approval of special
review uses.
The staff and the planning and zoning commission shall consider the following
criteria when evaluating an application for a special review use permit.
A. Whether the proposed use otherwise complies with all requirements
imposed by the zoning code;
B. Whether the proposed use is in conformance with the town
comprehensive plan;
C. Whether the proposed use is compatible with adjacent uses. Such
compatibility may be expressed in appearance, architectural scale and
features, site design, and the control of any adverse impacts including
noise, dust, odor, lighting, traffic, safety, etc. (Ord. 91-10 §1 (part)).
Town Manager Comments:
&"I '-f e
l.Nj/niM e.
Attac ments:
dAy rey?Kl!"G?ie?fSC'f
A. Planning and Zoning Commission meeting minutes
•
B. Planning and Zoning Commission Resolution 01-13
C. Staff Report for Special Review Use Application
I]
Memo to Town Council, October 23, 2001
Child Day Care Home Appeal
SQ / h ?J ?1 eA rin/ /1 ? t?t? I
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Page 3 of 3
DECISION OF THE TOWN OF AVON COUNCIL IN
THE MATTER OF LOT 41, BLOCK 1 WILDRIDGE
SUBDIVISION - APPLICATION FOR SPECIAL
REVIEW USE APPROVAL FOR A HOME
OCCUPATION/DAY CARE HOME -- APPEAL FROM
THE PLANNING AND ZONING COMMISSION
WHEREAS an appeal has been taken from the decision of the Planning and Zoning
Commission approving Shawn Walkowicz` s application for special review use approval for a
home day care as a home occupation at Lot 41 Block 1, Wildridge Subdivision; and
WHEREAS a hearing on such appeal was held before the Avon Town Council on the
23`d day of October, 2001; and
WHEREAS upon the vote of the Town Council it was decided that the decision of the
Planning and Zoning Commission in this matter should be [confirmed] [modified] [reversed];
NOW THEREFORE, BE IT DECIDED BY THE TOWN COUNCIL OF AVON this
23rd day of October, 2001, that the decision of the Planning and Zoning Commission in the
above matter is:
- confirmed
- modified
- reversed
[In cases in which the decision of the Planning and Zoning Commission is modified
or reversed, the reasons for such action shall be specifically described in the space that
follows.]
AVON TOWN COUNCIL
Judy Yoder, Mayor
v
E
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 01-13
A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT
TO ESTABLISH A HOME OCCUPATION FOR A DAYCARE
BUSINESS AT LOT 41, BLOCK 1, WILDRIDGE SUBDIVISION,
UNIT B, TOWN OF AVON, EAGLE COUNTY, COLORADO
W HEREAS, Michael and Shawn Walkowicz, owners of Lot 41, Block 1, Wildridge
Subdivision, Unit B has applied for a Special Review Use permit to establish a home
occupation for a day care business as described in the application dated August 27,
2001 as s-tipuTa-edm- TitTeT7.08.360 of the Avon Municipal Code; and
WHEREAS, a public hearing has been held by the Planning & Zoning Commission of
the Town of Avon pursuant to notices required by law 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 Special Review Use permit
application; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered
the following:
A. Whether the proposed use otherwise complies with all requirements imposed
by the zoning code; and
B. Whether the proposed use is in conformance with the town comprehensive
plan; and
C. Whether the proposed use is compatible with adjacent uses.
n
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado hereby approves a Special Review Use for a day care home
occupation as described in the application dated August 27, 2001 as stipulated in Title
17.08.360 of the Avon Municipal Code for Lot 41, Block 1, Wildridge Subdivision, Unit
B, Town of Avon, Eagle County, Colorado based upon the following findings:
1. That the proposed use otherwise complies with all requirements imposed by the
Zoning Code.
2. That the proposed use is in conformance with the Town Comprehensive Plan.
3. The proposed use is compatible with adjacent uses.
Subject to the following conditions:
1. No more than six (6) total infants and toddlers inclusive per day are allowed.
2. Parking cannot interfere with access to the adjacent units.
3. No employees shall be allowed to work on the property.
4. A State of Colorado license for infant and toddler day care is required.
5. A Town of Avon Business License is required.
6 Approval is valid for one year and renewal is subject to Planning and Zoning
Commission review.
ADOPTED THIS 18th DAY OF SEPTEMBER, 2001
Signed: ? ( 6
Date: Z l
Chris Evans, Chair
AU
Date: 9 Z
ew'*) e7tm-S
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Town of Avon
Special
Review Use Staff Report
September 18, 2001 Planning & Zoning Commission meeting
•
?J
Report Date
Special Review Use Type
Legal Description
Zoning
Address
Introduction
September 12, 2001
Home Occupation
Lot 41, Block 1, Wildridge Subdivision
Duplex
2121 B Long Spur
Shawn and Michael Walkowicz have applied for a Special Review Use for a home occupation at
2121 Long Spur side B. They are seeking approval to operate a home day care for children ages
1 %x to 3 years old. Section 17.08.360 B. of the Zoning-Code, which has been included as an
attachment to this report, specifically allows for day care.
The business involves customers dropping off and picking up children at the residence. The
applicant proposes that there will be a total of six children, four customers and two of their own.
The hours of operation would be approximately 8:30 am. to 5:00 p.m. Monday through
Thursday. There would not be any employees other than the applicant. There will be no
deliveries to the property. The State of Colorado license requirements for a child care facility
must be complied with.
Criteria for Review
According to section 17.48.040 of the Avon Municipal Code, the Planning & Zoning
Commission shall consider the following criteria when evaluating an application for a Special
Review Use permit:
1. Whether the proposed use otherwise complies with all requirements imposed by the Zoning
Code.
The home occupation will conform to the Wildridge PUD and the definition of Home
Occupation per Section 17.08.360 which is attached to this report. A Colorado license is
required to operate a child care home. In the case of infant and toddler care, the applicant is
allowed to have a maximum of six (6) infants and toddlers. The State will not approve the
applicant's license until they have met all the training and certification requirements as well
as zoning approval from the local jurisdiction. The applicant is proposing four (4) customers
a day including her own children (2). Parking should not be affected as there is a two car
garage with three exterior parking spots (see attached site plan and picture). Customers
would be dropping off and picking up their children, not staying for an extened period time.
I oven Of Avon Community Development (970) 949-4280 Fax modem (970) 949-5749
Lot 41, Block 1, WR, Special Review Use Page 2 of 3
September 18, 2001 Planning & Zoning Commission meeting 2. Whether the proposed use is in conformance with the Town Comprehensive Plan.
Policy A1.8 of the Comprehensive Plan states: "Home occupations that reduce commuting by
residents and do not negatively impact other residents should be encouraged." A majority of
the users for this home occupation reside in Wildridge. Staff does not foresee any negative
impacts to Avon residents.
3. Whether the proposed use is compatible with adjacent uses.
The home occupation will be compatible with the adjacent uses. There can be no more
customers per day than is allowed by State of Colorado liscense for a child care home. The
applicant is proposing four (4) customers for drop off and pick up with two (2) children of
their own for a total of six (6) children. Parking must not interfere with access to adjacent
units. The applicant is prohibited from having any employees working on the premises.
Staff Recommendation
Staff recommends approval of the Special Review Use for the home day care business with six
conditions:
1. No more than six (6) total infants and toddlers inclusive per day are allowed.
2. Parking cannot interfere with access to the adjacent units.
3. No employees shall be allowed to work on the property on a regular basis.
4. A State of Colorado license for infant and toddler day care is required.
5. A Town of Avon Business License is required.
6. Approval is valid for one year and renewal is subject to Planning and Zoning
Commission review.
Recommended Motion
I move to approve Resolution # 01-13 approving a Special Review Use Permit for Lot 41-B,
Block 1, Wildridge Subdivision to establish a day care home occupation according to the plans
and application dated April 24, 2001 with the following findings:
1. That the proposed use otherwise complies with all requirements imposed by the Zoning
Code, including the definition of a Home Occupation (Section 17.08.360).
2. That the proposed use is in conformance with the Town Comprehensive Plan.
3. The proposed use is compatible with adjacent uses.
Subject to the following six conditions:
1. No more than six (6) total infants and toddlers inclusive per day are allowed.
2. Parking cannot interfere with access to the adjacent units.
3. No employees shall be allowed to work on the property on a regular basis.
4. A State of Colorado license for infant and toddler day care is required.
5. A Town of Avon Business License is required.
6. Approval is valid for one year and renewal is subject to Planning and Zoning
Commission review.
Town of Avon community Development (970) 748-4030 Fax modem (970) 949-5749
•
n
Lot 41, Block 1, WR, Special Review Use
September 18, 200 1 Planning& Zoning Commission meeting Page 3 of 3
If you have any questions regarding this or any other project or community development issue,
please call me at 748.4413 or stop by the Community Development Department.
Respectfully su
Eric Jo on
Town of Avon Community Development (970) 748-4030
Fax modem (970) 949-5749
1.. 08.340--17.08.365
-repair, or maintenance of motor-given vehicles, or where
such, vehicles are parked or stored for renumeration, hire
or sale within the structure. (Ord. 91-10 51(part)).
11
?7.0 8 340 Grade, existing. "Grade, existing" means
the existing or natural topography of a site con-
struction. (Ord. 91-10 51(part)).
17 08 350 Grade. finished. "Grade, finished" means
the grade upon completion of a project. (Ord. 91-10
§1(part)).
17 08 360 Home occupation. "Home occupation" means
an occupation, profession, activity or use that is conduct-
ed within a dwelling ivitit and is meant to with a no?nprofitcor
orga-
revenue, or any activity associated
nization which:
A. Does not produce noise audible outside the dwell-
ing unit where such activity is taking place;
B. Limits the amount of customers, visitors or per-
sons, other than the occupants, to no more than five per
stay. In the case of day care, no more children than al-
Coloradoolicensecis alsor a child care
md(as athe testate
home required to o -
at_ e 4 child care home);
C. Does not cause the visible storage or parking of
vehicles or equipment not normally associated with resi-
dential use, which shall include but is not limited to the
following: trucks with a rating greater than three-fourths
ton, earth moving equipment and cement mixers;
D. Does not alter the exterior of the property or
affect the residential character of the neighborhood;
E. Does not interfere with parking, access or other
normal activities on adjacent properties, or with other
units in a multifamily residential development;
F. Does not require or allow employees to work on the
property;
G. Does not require alteration to the residence to
satisfy applicable town fire or building codes, or county
health regulations;
H. Does not require or allow any signs to be visible
from the outside of the property. (Ord. 98-3 §VI: Ord.
91-10 §1(part)).
L
E
17.08.365 Home office. "Home office" means any occu-
pation, profession or other activity, that takes place in a
dwelling unit and is meant to produce income or revenue, or
any activity associated with a nonprofit group or Corpora-
tion which:
A. Does not produce noise audible outside the dwell-
ing unit where such activity is taking place;
188 (Avon 4/98)
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Aim 9C4LE:
Minutes of Planning & Zoning Commission i
Regular Meeting
September 18, 2001
Council Chambers
Town of Avon Municipal Building
400 Benchmark Road
1. Call to Order
The meeting was called to order at 6:00 p.m.
II. Roll Call
All Commissioners were present with the exception of Commissioners Klein and Karow.
III. Additions and Amendments to the Agenda
None
IV. Conflicts of Interest
None
V. Consent Agenda 0
A. Approval of the September 4, 2001 Planning & Zoning Commission
Meeting Minutes
Commissioner Sipes moved to approve the Consent Agenda. Commissioner Wolfe seconded
the motion. The motion carried unanimously.
VI. NON-COMPLIANCE OF APPROVED DESIGN
LOT C, Sheraton Mountain Vista
160 Beaver Creek Boulevard
Ruth Bome, Director of Community Development, stated there were three items of discrepancy
in construction on the project; the arches over the Employee Housing building, the entry truss
and the retail arcade. The concerns are related to what was seen on the mock up and in
Design Review.
Aleksandr Sheykhet, representing the applicant, explained why these changes were made.
Commissioner Sipes said it is your responsibility to come back and say this does not work, you
need to change this and state the reasons why you need to change what was on the approved
plans. We were not given a chance to review these changes prior to them taking place. You
deviated from the approved plans and it is not what was approved. The mock up was approved
with the glue lam beam with a steel bracket connecting it to the timber post. There were many
discussions during the approval process on how important that lower story was to the scale of
the building and how important the detailing was on this project.
Chairman Evans stated the Commission is considering tonight whether the changes that have
been made on the inside truss, the box beams and the vertical columns are approvable.
Commissioner Wolfe said the discrepancies between the first and second trusses are not
acceptable. These changes lower the quality of the building.
Commissioner Macik stated the front entry arch was not acceptable. He might be able to go
along with the box beams. The vertical columns seem out of proportion to the base and he
would not approve them.
Commissioner McClinton stated he was not pleased with the archway. He was concerned that
changes have taken place which have not been brought to Staff for approval.
Chairman Evans said it is your responsibility to resubmit any deviations from the final DRB
approved drawings to this Commission. We will hold you to what is in writing. We would not
have approved the archway with two distinctly different glue lam trusses. He was totally against
the box beams. They need to be changed to a glue lam detail as originally proposed. He may
have gone along with the vertical columns had they been submitted at DRB. The appearance of
the mass of the anchor of the building is important. The arcade was supposed to provide that
detail. You will be held to what you submitted and was subsequently approved.
Commissioner Sipes moved to deny the submissions for design change for the truss, the glue
lam beam and the posts for the Sheraton Mountain Vista. Commissioner Wolfe seconded the
motion. The motion carried unanimously.
VII. SPECIAL REVIEW USE - Public Hearings
A. Resolution No. 01-13
Lot 41, Block 1, Wildridge Subdivision
Project Type: Day Care
Applicant/Owner: Shawn and Michael Walkowicz
Address: 2121-B Long Spur
Eric Johnson, Planning Technician, stated the applicant was proposing a home day care for
children ages 1Y2 to 3 years old. The Zoning Code specifically allows for day care. There
would be a total of six children; four customers and two children of their own. Hours of
operation would be 8:30 a.m. to 5:00 p.m. Monday through Thursday. There would be no
employees and no deliveries. Parking should not be an issue. There is a two-car garage with
three exterior parking spaces. Customers would be dropping off and picking up their children
and not staying for an extended period of time. The application is in conformance with the Town
Comprehensive Plan and is compatible with adjacent uses. Staff recommends approval with
conditions. Five letters have been received from residents opposing this application.
Chairman Evans stated the Commission has eight criteria from the Town of Avon Zoning Code
on which to review this application.
Applicant, Mike Walkowicz, said he is speaking on behalf of his wife, Shawn, who will be the
day care provider. This day care proposal is in response to our personal financial needs and
that of the community for day care. The Town and County encourage day care. We will comply
Minutes of P&Z Meeting
September 18, 2001
Page 2
with all the rules and regulations of the Town, the State and the County that govern such an
enterprise. The neighbors concerns are our concerns and we do not want to alienate them. A
concern of the neighbors is liability. We are open to purchasing more insurance.
Commissioner Wolfe said one of the concerns of the neighbors is traffic. Would you be willing
to stagger the drop off and pick up times? Mr. Walkowicz said yes, they would encourage that.
The Public Hearing was opened.
Rich Carroll, 2121-A Long Spur, the adjacent duplex homeowner, handed a petition to the
Commission stating it had been signed by 14 homeowners and has 18 total signatures in
opposition to this application. We have two children and understand the need for day care.
However, we are opposed to day care which is a commercial use in our residentially zoned
area. We share the same driveway and during the winter with snow, the parking and driveway
area will be an issue. Snowplowing will hinder the parking situation. Liability is an issue. Noise
and traffic will affect our quality of life.
Susan Peterson, 2133-A Long Spur, the neighbor on the other side of the applicant, said when
there is a proposed change, neighbors are supposed to receive notice. She did not receive a
notice and their neighbor did not come to them to talk about the proposal. She and her husband
are definitely opposed to this application. It is inappropriate for this location. Parking will be a
problem. It will affect our quality of life.
Eric Johnson stated public notices were mailed to residences within 300 feet, the property was
noticed with a sign and the public notice was posted in four Town locations. Ruth Borne said it
is required that the list of adjacent property owners be provided by a title company which is
based on the assessor's most current information. We have the list provided by the title
company. 0
Gerry Carroll, 2121-A Long Spur, the direct party wall owner, said we also did not receive the
notice. Traffic and quality of life is a concern and also the liability. The back yard is common to
us; there is no delineation. Our driveway is common with the applicant and this is a huge issue
for us. She was told by her neighbor that this application was already approved. Chairman
Evans said no it was not.
Dave Yoder, 2137-B Long Spur, said this is a business, it is not in the character of the
neighborhood. Your stipulations of drop off times, ages, etc., are unenforceable. These folks
are entrepreneurs, their idea is to make money. We used to have a day care next to us and had
many problems with it. The Commission must consider the character of the neighborhood in
terms of how the neighborhood is used. It is a residential neighborhood and day care is a
business. It should be in a commercial area. The Commission needs to enforce the criteria.
We had trouble getting insurance when the day care was next to us because the insurance
company said it is a commercial enterprise. Day care changes the character of the
neighborhood. The applicant has set one neighbor against another.
Amy Holm, 2110 Long Spur, said it is not civil in the neighborhood right now; there have been
lots of heated comments. She has her child in a day care center that works and it did not take a
long time to get her child into one. She would like to see more information as to the need in the
area. She thinks some of the community problems with day care is that people wait until the
last minute to try to get their child into one. The day care need should not be my issue or the
neighbors' issue to solve. Neighbors are being pitted against neighbors. Her concern was what
happens when more applicants come in for approval. Suddenly it becomes a much bigger
Minutes of P&Z Meeting
September 18, 2001
Page 3
issue. The criteria says no audible noise outside the dwelling unit. Children will be playing
outside and noise will be a problem. Insurance will also be a problem.
Margy Orcutt, 2140 Longspur, said this is a wonderful, quiet street. There are children who play
hockey in the street and that is alright; but, to add more children to the scenario is unwise. We
are on a cul-de-sac and the traffic is kept to a minimum. The applicant is prohibited from having
any employees on the premises; but, the Staff Report recommendation state there would be no
employees allowed to work on the premises on a regular basis. Which is it?
Applicant, Mrs. Walkowicz, said the State allows a substitute to come in, but no regular
employees.
Mark Kizzire, 2133-A Long Spur, said this will obviously be an infringement on the neighbors.
He agreed there is a need for day care centers but not next door to him. The applicant did not
have the decency nor the courtesy to come and talk to us about this.
Tom Spooner, lives across the street from the applicant at 2110 Long Spur. If this is approved,
someone else could then come and apply. Where do you cut it off? Disapproval at this point is
better then pitting neighbor against neighbor.
Barb Murray, a real estate agent, said she does not live in Wildridge. She was asked to come in
to speak on behalf of some of the absentee owners. People who are recommending approval
of this day care seem to be heavily biased; people who are more neutral should be making
recommendations. It will impact the value and resale of the homeowners' property values. It
will affect the value of the other side of that duplex. If this is approved because of the needs of
the children, it needs to be also looked at as the need of the neighborhood. She spoke of the
is audible noise that will be heard outside the residence. That is against one of the criteria.
Morgan Turner, 2455 Old Trail, said there is an increase in noise inside the residence with the
common wall. The impact is there. A day care was approved where he lives and the increase
in noise with just two children is very audible. He is thinking about moving.
Wendy Van Wyhe, 2350-A Saddleridge Loop, said her back yard is adjacent to the applicant.
She asked if a fence was required by the State. Chairman Evans said a fence is not part of this
application. If there is a fence, the applicant must come back to the Planning and Zoning
Commission for approval. The applicant said the State requires a fence unless the Town denies
it. Ms. Van Whye said having an adjacent backyard with the applicant, she is concerned about
there being a fence. She asked about the policy of fences in Wildridge. Chairman Evans said
fences are discouraged in Wildridge.
Chairman Evans reviewed the criteria for fences in Wildridge. Commissioner Sipes said special
consideration for a fence would not be given just because it is for day care.
John Wolcott, of 2140 Long Spur, said this should be denied because of parking. There is
insufficient egress. One driveway services both sides of the duplex.
The Public Hearing was closed.
Commissioner Wolfe commented the neighbors have raised valid issues. If this is approved,
you have the right to appeal the decision to Council. Anyone can move into a house in the
neighborhood with six children and the affect would be the same. We must review the
application within a set of requirements set by the Town. He agrees with Staffs comments on
all three points. This application does meet the zoning requirements.
Minutes of PU Meeting
September 18, 2001
Page 4
Commissioner Sipes stated he sees the noise ordinance written to prohibit a business of an
industrial nature, not children. You live in a multi-family neighborhood that has children. He
encouraged people to talk to their Town representatives to change the ordinance if they feel
strongly about this. The Commission must review these applications by the criteria that has
been set. We have zoning that specifically allows for this use and the language encourages it.
That comes from Town Council. Parking is demonstrated to be adequate. This use is drop off
and pick up. He does not see this changing the character of the neighborhood; there are
already children in the neighborhood.
Commissioner McClinton commented there is a need for day care in this area. It is a big
problem. This is an application for a day care, not a strip mall. Staffs recommendation is valid
and backed by the Town's codes. The Comprehensive Plan encourages this use and the
application meets the review criteria. He saw no reason why this should be denied.
Commissioner Macik said it meets the current review criteria and should be approved due to
that. He did not see the traffic argument being a real problem.
Chairman Evans said we have been appointed by Council to enforce the rules. We are applying
the guidelines given. The end result should be appealed to Town Council. We hear what you
are saying and your comments should go to Council.
Commissioner Sipes moved to approve Resolution No. 01-13 approving a Special Review Use
Permit to establish a home occupation for day care at Lot 41, Block 1, Wildridge Subdivision,
Unit B, subject to the following conditions. Chairman Evans asked to amend Condition Number
3 to read no employees shall be allowed to work on the property.
The conditions are:
1. No more than six (6) total infants and toddlers inclusive per day are allowed.
2. Parking cannot interfere with access to the adjacent units.
3. No employees shall be allowed to work on the property.
4. A State of Colorado license for infant and toddler day care is required.
5. A Town of Avon Business License is required.
6. Approval is valid for one year and renewal is subject to Planning and Zoning
Commission review.
Commissioner McClinton seconded the motion. The motion carried 4-1 with Commissioner
Macik objecting.
Chairman Evans called recess at 7:55 p.m. and reconvened at 8:03 p.m.
B. Resolution No. 01-12
Lot 30, Block 1, Benchmark at Beaver Creek
Project Type: Automatic Carwash
Applicant/Owner: Steve Grow
Address: 710 Nottingham Road
Eric Johnson gave the Staff presentation. The applicant has previously appeared before the
Planning and Zoning Commission on August 7 and September 4, 2001. Parking, circulation, lot
coverage and landscaping now comply. Staff has revised the parking requirement to 17 parking
spots. The driveway has been expanded by removing part of the building. Site coverage
maximum for the building has been reduced to 44.6 percent and the landscaping has been
Minutes of P&Z Meeting
September 18, 2001
Page 5
increased to 24 percent. Staff still has concerns about the express detailing and recommends
review in one year. Staff recommends approval with conditions.
John Perkins, architect for the applicant, said they reduced the areas of retail space and
eliminated two spaces enabling them to bring this into compliance.
Commissioner Sipes asked about the second story windows. Mr. Perkins said he is not
proposing a second story. It is just vaulted space.
Commissioner Macik asked if engineering has looked at this application. Eric Johnson said yes.
It meets the Town's requirements for access and circulation.
The Public Hearing was opened.
Mike Thul, adjacent property owner, said one stipulation and concern we have is that we agree
upon an easement agreement and the parking situation with Mr. Grow.
Dr. Bryant, adjacent property owner, said the applicant has done the right things to make this
work. He was not convinced this is the right use for this property. We have concerns about this
whole parking situation. Mike Thul and I are not satisfied with answers given to us by Mr. Grow.
We have a shared easement. Regardless of what happens tonight, Mike and I have to be
satisfied with our outstanding issues with the applicant. There must be a legal document and
remedies for the problems.
The Public Hearing was closed.
Commissioner Sipes commented the applicant has addressed our concerns. He suggested the
applicant review the Federal Fair Housing Act for the employee housing. This application meets
our review criteria.
Commissioner Macik would like to see less parking spaces and more landscaping on the
ground to soften the base of the building. He still sees the roof overhangs in the setback. Mr.
Perkins said it should not be there. We will pull those back.
Chairman Evans commented he is not 100% comfortable with the use of the property but sees
no reason not to approve the Special Review Use application.
Commissioner Macik moved to approve Resolution No. 01-12 approving a Special Review Use
for Lot 30, Block 1, Benchmark at Beaver Creek Subdivision for a car wash with the following
findings:
That the proposed use otherwise complies with all requirements imposed by the Zoning
Code.
2. That the proposed use is in conformance with the Town Comprehensive Plan.
3. That the proposed use is compatible with adjacent uses.
Subject to the following conditions:
1. The access easement/agreement between the owners of Lots 30 and 31 Block 1
Benchmark at Beaver Creek must be approved and recorded prior to submittal of the
Final Design application.
2. The approval of the express detailing is conditional upon review by the Planning and
Zoning Commission in one year from date of approval.
Minutes of P&Z Meeting
September 18, 2001
Page 6
3. The roof overhangs will not encroach into the setbacks.
Commissioner Sipes seconded the motion. The motion carried unanimously.
VIII. FINAL DESIGN
A. Lot 48, Block 1, Wildridge Subdivision
Project Type: Duplex Residence
Applicant/Owner: Tom Marcin
Address: 2430 Saddleridge Loop
Ruth Borne stated the applicant has revised his plans and made changes according to
recommendations given at last meeting. Staff recommends approval with conditions.
Applicant, Tom Marcin, was not in attendance.
Commissioners Macik, Sipes and Evans said they were satisfied with the grading revisions.
Commissioner Sipes said the landscaping plan does not meet what is intended for Wildridge.
There is no landscaping shown on three sides of the building. He would like to add a condition
for approval addressing that issue.
Commissioner Sipes moved to approve Final Design for Lot 48, Block 1, Wildridge Subdivision
with the conditions listed below to be submitted at the time of building permit application.
Commissioner McClinton seconded the motion. The motion carried unanimously.
E
1. An address sign will be required at the entrance to the property to comply with E911
standards. The location of the address sign must be identified on the site plan.
2. Decks must be indicated on the site plan.
3. Grading and drainage around the window wells must be clarified. Top of Wall/Bottom of
Wall elevations on the window wells will be required.
4. Decks and railing must be indicated on the elevations.
5. Retaining walls exceeding four (4) feet must be certified by a soils engineer that
construction occurred in accordance to engineered stamped plans.
6. Submit a revised landscaping plan addressing all sides of the building.
IX. PUD - Public Hearing
A. Resolution No. 01-15
Lots 38, 40 & 41 Benchmark at Beaver Creek Subdivision
Project Type: Apartment Complex
Applicant: Tana-von Corporation
Owner: KOA Holdings, Inc.
Address: 491 Metcalf Road
Ruth Borne stated Staff has been working with the applicant over the past several months. Staff
recommends approval. This project will still be required to go through Design Review.
E
Minutes of P&Z Meeting
September 18, 2001
Page 7
Commissioner Evans asked about the transfer of development rights from adjacent properties
with certain properties becoming open space turned over to the Town. Ruth Borne said Lot 38
will be designated open space and conveyed to the Town.
Eric Johnson made the Staff presentation. He said the applicant is proposing a 45-unit
employee housing project previously titled "The Cove" PUD. The PUD for The Cove was
originally approved by ordinance in 1981 through a transfer of development rights from a
residential density 'pool' that were not assigned elsewhere in Wildridge. The current proposal is
for 18 units in 6 buildings on Lot 40 and 27 units in 9 buildings on Lot 41. Lot 38 will not be
developed and is proposed as open space. There will be a portion of the parking for Lot 41 on
the Metcalf Road side of the Metcalf Drainage Ditch that connects to the development via a
pedestrian bridge. Staff recommends approval. Approval for this PUD should be for the
proposed Barrancas development only. Ruth Borne stated Engineering, Public Works and the
Fire Department have recommended approval.
Commissioner Sipes asked if the stream crossings had to be permitted by the Army Corp. Ms.
Borne answered yes. That condition is contained in Staffs recommendations.
Commissioner Macik had questions about the curb cut on the main parking lot on Lot 41.
Andrew Royster, Rick Dominic and Ray Nielsen were present representing the Tanavon
Corporation. Mr. Royster said they are willing to coordinate with Public Works to locate a bus
stop on Lot 41.
Chairman Evans asked if there was an environmental study for this site. Mr. Royster answered
yes.
Commissioner Macik said he was opposed to five total curb cuts and especially the one on the
curve.
Chairman Evans cautioned that if this application is approved, the Commission will still have the
right to comment on massing, detailing, overhang, architectural styling, landscaping and
materials at Final Design. There is no implied approval of those items based on this PUD.
Ray Nielsen questioned what the approval of the PUD entailed. Was it reviewing the site,
grading, the general concept? Chairman Evans said that is part of this PUD. What the
Commission is not approving tonight is the building architecture. The applicant still must go
through the Design Review process. The Board reviewed what was covered in the PUD
approval and what was not.
Chairman Evans suggested the applicant participate in work sessions with the Commission on
their Design Review submittal.
The Public Hearing was opened. No one made comments. The Public Hearing was closed.
Commissioner Sipes moved to approve Resolution No. 01-15 recommending approval of
Barrancas PUD for Lots 38, 40 and 41, Block 1, Benchmark at Beaver Creek Subdivision with
the following conditions:
Concurrent with the Final Design application, the following items must be provided:
1. Revised subsoil and geologic hazards reports.
2. Engineered retaining walls for all walls over 47 in height.
3. Revise grading at the furthest north building on Lot 41.
Minutes of P&Z Meeting
September 18, 2001
Page 8
4. Permanent and temporary erosion control.
5. Label each unit.
Prior to Issuance of a Building Permit, the following items must be provided:
1. Execution of Deed Restriction Agreement with the Town of Avon.
2. Approval from the Army Corps of Engineers.
3. Verification of water pressure and anticipated flow.
4. Resolution on fire access and sprinkler requirement.
Commissioner Wolfe seconded the motion. The motion carried unanimously.
X. OTHER BUSINESS
A. Village at Avon
Ruth Borne said the Town only has approval on Subdivision, not Design Review. She stated
Mr. Post said comments from the Planning and Zoning Commission should be funneled through
their appointed representative. Discussion ensued regarding the Design Guidelines.
B. Staff Approvals:
1. Lot 11, Block 5, Wildridge Subdivision
1011 Wildwood Road
Retaining Walls
XI. ADJOURN
Commissioner Sipes moved to adjourn the meeting. Commissioner McClinton seconded the
motion. The motion passed unanimously. The meeting adjourned at 9:07 p.m.
Respectfully submitted,
Cecelia Fenton
Recording Secretary
APPROVED: tOctor 2, 2001
Chris Evans
Chairman
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11
Minutes of P&Z Meeting
September 18, 2001
Page 9
•
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Geralyn D. & Rich Carroll
P.O. Box 4328
2121A Long Spur
Avon, CO 81620
September 24, 2001
To Whom it may Concern;
This letter is our formal appeal to the Town of Avon Town Council regarding the
decision made by the Town of Avon Planning and Zoning Committee to allow a
home day care to operate at 2121 B Long Spur, Lot 41, Block 1, in Avon. This
was the decision made at the September 18, 2001 meeting.
Thank You,
r
Rich Carroll
s
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Geralyn D. Carroll
77
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PAY THE ?Q -
ORDER ER OF T19W+1
Jeanette Edmonson
P.O.Box 541,
Avon, Co 81620
(970) 926-2287
The Town Of Avon
Attn: Town Clerk
P.O. Box 975
Avon, Co 81620
Attn: The Town Clerk
Re: An appeal of a licensed home day care run by Shawn Walkowicz in
Wildridge.
My name is Jeanette Edmonson and I am a Licensed home day care provider in
Edwards I have been licensed for 4 years and in that time I have provided quality
day care for many families not wanting to put their children in large commercial
day care centers. My license allows me to care for 6 children per day. I understand
that this is the same license that has been approved for Shawn. I cannot
understand the neighbors appealing this situation and calling this situation a
devastation to their neighborhood. The traffic in this street would be less impacted
than say a family with four teenagers coming and going. The parents drop their
children off and leave, they are not coming and going all day. Seriously how much
devastation could this be. In light of September 11th 2001, or have these
neighbors forgot about that, I call that devastation, not a few cars in a street, and
children playing. Michael and Shawn were retired and due to substantial losses
on the stock market have to go back to work, when they planned their babies they
thought they had a secure future, but as we all know life can change on a dime.
Why shouldn't she be allowed to protect her interest and work taking care of
children and at the same time being able to be with her own. She could stay home
and collect unemployment I suppose. At least she is trying to do something.
I suggest the people from this street put their energies somewhere else where it
could be used to help people not tear them down. I think we are reminded of that
on television everyday. In light of what happened on September 11th, I thought it
would be a more united America.
One other thing, I have 26 children on my waiting list.
Thank you for taking the time to read this letter.
Sincerely,
Jeanette Edmonson. _
PC;
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Dominic F. Maurlello
2455 Old Trail Road, Unit B
Avon, CO 81 G20
(970) 748-0920
October I G. 2001
Mayor and Town Council
Town of Avon
400 Benchmark Road
Avon, CO 81620
Re: Ordinance on Home-Based Day-Care
Dear Mayor and Town Council:
I U: y f 01-1X47 1 J7 r. 1=1 I KW .L
I am writing to express Support for the revisions you are considering to the home-based
day-care regulations at the Town of Avon. I am very encouraged that the Town
recognized that the regulations needed modification and took steps to correct them.
In contrast to the comments reported in the Vail Dally on October 15, 1 am an advocate
for home-based bu,incsses in general and also for in-home day-care. I am sure that
some day I will make use of such a business.
The purpose of the proposed regulation has nothing to do with the concern raised by
the statement "some residents didn't like having more children in the neighborhood" but
rather is has to do with how someone running a business out of a home utilizes property
owned jointly or by others. That -quote from the Vail Daily article sounds more like
political rhetoric than common sense.
It seems quite appropriate to seek permission to use jointly owned driveways, parking
areas, and common Spaccs before a business owner decides to use that land for
additional parking. drop-off areas, storage, or other business related use.
Thanks again for taking steps to correct an oversight in the Town's regulations.
&ominic F. Maurlello
Avon Resident
E
-
- le
COLORADO
MOUNTAIN
MEDICAL,P.C.
CARDIOLOGY
Larry Gaul, MD, FACC
Kelly A. Fralick, ACNP-C
FAMILY PRACTICE
Jennifer Bettenhausen, MD
Jonathan C. Feeney, MD
Phil Freedman, MD
Jean Hadley, MD
Brad Lyons, MD
Marc R. Peck, MD
Kent A. Petrie, MD
Steve Yarbeny, MD
Susan A. Vickerman, DO
Meg Hartley, PA-C
Catherine Kitchen, PA-C
GENERA SURGERY
Michael Bradshaw, MD
Laura Medina, MD
LNTERNAL MEDICINF
Jack Eck, MD
Wagner Schorr, MD
Mark Stephens, MD
Teresa Cherry, MD
OBSTETRICS
GYNECOLOGY
INFERTILITY
Edward L. Cohen, MD, FACOG
Lorle C. Berle, MD, FACOG
Kelly Isbill, DO
PEDI?m
Manta Bledsoe, MD, FAAP
Donald White, MD, FAAP
ADMINISTRATION
Michael R. Rohr, C.A.O.
Susan A. O'Neill C.F.O.
Ellie Wyatt, C.O.O.
IN AVON
P.O. Drawer 3380, Avon, CO 81620
Tel. (970) 949-3222, Fax (970) 949-4047
IN EDWARDS
P.O. Box 1749, 0320 Beard Creek Road, Edwards, CO 81632-2718
Tel. (970) 926-6340 FAX (970) 926-6348
October 2, 2001
Town of Avon
ATTN: Town Clerk
PO Box 975 ;'K
Avon, CO 81620
To Whom It May Concern:
1,-1
is ?.
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--- ? t •?Yhr GF
Vop i
I am in support of Shawn Walkowicz starting a daycare at her
home. I have talked to her about my concerns about children
walking to the bus stop to meet the bus at 8:27 at the corner
and she has assured me that the children's drop off time will be
after 8:30 in the morning and that the drop off times have been
spaced out so that not all parents will be showing up at exactly
the same time. As a pediatrician in this community, I am very
aware of the need for more small, in home daycare and wanted to
let you know that I support this particular daycare.
Sincerely,
Marita Bledsoe, M.D./rjb
IN VAIL IN COPPER
181 W. Meadow Drive - Suite 200, Vail, CO 81657.5059 P.O. Box 3808
Tel. (970) 476-5695, FAX (970) 476-8976 (west office) 860 Copper Road, Copper Mountain, CO 80443
181 W. Meadow Drive - Suite 500, Vail, CO 81657-5059 Tel. (970) 968-2330, FAX (970) 968-6681
Tel. (970) 476-7600, FAX (970) 476-5676 (east office)
Mark Kizzire - Susan Peterson
2133 - A Long Spur Lane
P. O. Box 8635
Avon, Colorado 81620 '
970.949.6621
October 2, 2001 '
Ms. Ady Yoder, Mayor
_ Mr. Buz Reynolds, Mayor Protem?' ^? \
Mr. Michael Brown, Councilor
Ms. Debbie Buckley, Councilor
Mr. Rick Cuny; Councilor
Mr. Mac McDevitt; Councilor
TOWN OF AVON _
Post Office Box 976
Avon, Colorado 81620
Re: Special Review Use Appeal
Lot 41, Block 1, (2121-B Long Spur Lane) Wildridge Subdivision
Day Cane
Honorable Mayor and Councilor's,
On September 18, 2001 we attended the regular meeting of the Planning & Zoning
Commission because of our interest in the above captioned matter. We reside at 2133-
A Long Spur Lane', immediately adjacent to the Day Care facility which was" approved
that evening bye 4 to 1 vote.
We are-pleased that you will be reviewing the appeal to the decision made by your
Planning & Zoning Commission; such appeal was strongly recommended by Mr. Chris
Evans, Chairman. We sincerely hope that you will listen to your neighbors and make
your decision based on, public attitudes, as recommended in the Town of Avon
Comprehensive Plan, dated November 5, 1996.
Your Comprehensive Plan was dratted to be "dynamic and flexible enough to respond to
changes in economic conditions, legislative action, development technologies, and
public attitudes". Your adopted vision provides for social concerns and a safe
environment ... changing community values, and the need for a more family-oriented
environment".
Long Spur Lane is a family-oriented environment, we are proud of it and the addition of a
business that does indeed result in more traffic, as well as potential employees is not
compatible with such a family-oriented environment
We are concerned about safety on our Lane, which is a dead-end cul-de-sac. The
additional; albeit minimal; traffic generated by a business operation is not prudent - nor
do we beliete it should be encouraged by the Town.
M
•
October 2, 2001
Page two
The Town's definition or a "Home Occupation" includes the following provisions:
A. Does not produce noise audible outside the dwelling unit where such activity
is taking place.
B., Does not alter the exterior of the property, or affect the residential character
of the neighborhood.
C. Does not interfere with parking, access or other normal activities on adjacent
properties;
D. Does not require or allow employees to work on the property.
The Planning & Zoning Commission disregarded public testimony on these provisions,
with statements such as:
"The noise we're talking about here would be like having a factory next-door, not
infants and toddlers"
Well, if the State license requires a fence around the property, you'll. have to
apply for a fence permit, and we'll see if that can be approved, but w9 don't like
to approve fences in Wildridge°
"We think there is adequate parking and access"
i "Let's change the staff recommendation so that no employees are allowed" (Yes,
the staff recommendation approved part-time employees).
The Town's Comprehensive Plan includes Land Use Policy (A1.8) "Home occupations
that reduce commuting by residents aQd do not negatively impact other residents, should
be encoura,ged." You have a document signed by 20 other residents of Long Spur Lane
that truly believe that the addition of this business will negatively impact them. The
Planning & ,Zoning Commission had testimony from 'a real estate professional that this
business would negatively impact the financial investment of other residents. There was
testimony regarding liability issues for adjacent property owners that was patently
disregarded by your Commission.
We understand that the Planning & Zoning Commission is appointed to interpret and
apply the provisions of the Town's Comprehensive. Plan. We hope that our elected
officials can go beyond the "black and white", listen carefully and make a decision based
upon all the testimony received.
We look forward to seeing you at the public hearing to appeal the Special Use for Home
Occupancy Child Cara on October 9, 2001.
11
Susan eterson
10/01/01 0
Avon Town Council
Attn: Mike Brown, Mac McDevitt, Rick Cuny, Buz Reynolds,
Debbie Buckley
Re: Home occupation/ Special Use - Home Day Care
2121 B Long Spur
In direct reference to the most recently approved (and appealed)
home day care at the aforementioned address, 2 on old TRail Rd.,
and 1 in AVon based solely on "criteria" by the Avon Planning
and Zoning Commission. We feel it unjust for the Comission to
approve and mandate this type of businesswhich, by ordinanee,does
not allow "any audible noise," address aprking or traffic and
safety issues in a shared driveway, liability issues to neighbors,
exposure to pets, probable negative effects on property values,
etc.
To approve/mandate this type of use only promotes disharmony and
possible civil actions among otherwise good neighbors (refer to
any P & Z Commissioner re: Long Spur Special Use hearing 9/18/01).
The criteria as they exist may be more appropriate as applied
to a single family residence, but should not even be considered
without written approval of all occupants of any mulitfamily
environment.
We, and many others are in process of amending our party wall
agrements land are soliciting others to do the same), to disallow
any home occupation.
Please consider appropriate changes to the existing criteria and
application process, and any existing applications or appeals for
this (Home DAy Care) type of use.
Sincerely
Tom 8 Linda Spooner
p.o. Box 9203
Avon, CO 81620
949-0163
303-293-2600
E
To: The Town of Avon Council Members and all those concerned
luewdoleneQ ,?!unwwoD
Re: Shawn D. Walkowicz's licensed home day care
coot t z d3s
In response to some of my neighbors concerns:
1- Arrival time of the children will be between 8:25-9:00
2- The children will follow a daily schedule designed by me. The one scheduled
outside play time will be 10:45-11:45. Obviously, the time may change to go with
the flow of the children's needs. I may take them out more than once on some days
and they may not go out at all on other days. This will all depend on the weather
and desires of the children.
3- When outside they will alav only in the backyard or on my front deck. They will
NEVER be playing in the front yard or driveway. The only time we would be out of
the yard is if we went on a walk. Regardless of where the children are, they will be
directly supervised at all times.
4- 1 have put in my application for a fence Thursday September 21, 2001. Hopefully
this will ease some of the concerns of children running around wild.
5- 1 have already received several quotes on business insurance. I will be purchasing
general liability insurance which will cover 1 million dollars in bodily injury and
property damage. Which insurance company I'll be choosing I don't know just yet.
am waiting for a quote from the Eagle County Child Care Association first. Either
way, I will have insurance within the next 30 days. I am willing to provide proof of
my coverage to anyone who wishes to see it.
6- Some of you were concerned with employees. State law specifically prohibits the
use of employees in a home day care. What they do allow is substitutes. A
substitute would be used in case of an emergency or occasionally to cover for me
if I needed it. Some of you were concerned about a vacation I had planned for the
middle week of October. This vacation has been canceled! So there is no need to
wont' about that.
If there happens to be anything else you would like to have more specifics on or in writing,
please let me know. I am more than willing to do whatever it takes to eliminate any
concerns my neighbors may have.
Sincerely,
Shawn Walkowicz
2121 B Long Spur
949-5289
Daily Schedule
Due to the varied schedules of infants and toddlers, I will try to keep things
flexible and go with the flow of the children. Following is an ideal schedule.
8:30-9:00 Arrival and Open Exploration
9:00-9:30 Arts and Craft Projects
9:30-10:45 Snack and Story, then music andlor open exploration
10:45-11:45 Walk and Outside Play (Weather Permitting)
11:45-12:15 Daily Lesson (Feelings, Seasons, Cats, Transportation)
12:15-1:00 Clean up and prepare for lunch
1:00-3:00 Story and Rest time, Puzzles and Quiet fun if not resting
3:00-3:15 Snack
3:15-4:30 Individual journal time
4:30-5:00 Clean up and wait for parents.
While I may have a daily schedule and a great day planned for the children, I
will be fun-lovingly flexible and skip the schedule if I must. I know that kids
can at times be moody, bored or just plane uncooperative. I will however
try to make certain that they do have a daily lesson, art project, outside play
and a story. The hour this happens may change from time to time. Snacks
and lunch will be at the same scheduled time daily.
Daily Schedule 0
Due to the varied schedules of infants and toddlers, I will try to keep things
flexible and go with the flow of the children. Following is an ideal schedule.
8:30-9:00 Arrival and Open Exploration
9:00-9:30 Arts and Craft Pro'ects
9:30-10:45 Snack and Story, ten music and(or open exploration
10:45-11:45 Walk and Outside Play (Weather Permitting)
11:45-12:15 Daily Lesson (Feelings, Seasons, Cats, Transportation)
12:15-1:00 Clean up and prepare for lunch
1:00-3:00 Story and Rest time, Puzzles and Quiet fun if not resting
3:00-3:15 Snack
3:15-4:30 Individual journal time
4:30-5:00 Clean up and wait for parents.
While I may have a daily schedule and a great day planned for the children, I
will be fun-lovingly flexible and skip the schedule if I must. I know that kids
can at times be moody, bored or just plane uncooperative. I will however
try to make certain that they do have a daily lesson, art project, outside play
and a story. The hour this happens may chanTai e from time to time. Snacks
and lunch will be at the same scheduled time ly. 0
To: Town of Avon Planning and Zoning Commission RECEIVED
From: Amy Holm 5 E P.1 8 2001
2110 N Long Spur, Wildridge Subdivision, Avon Community Development
Regarding: September 18, 2001 Public Hearing on proposed home day care at 212113
Long Spur, Wildridge Subdivision, Avon, Colorado
To whom it may concern:
I am writing to bring to your attention my extreme opposition for the proposed, above-
mentioned Special Use consideration.
Issues:
*Safety and well being of my family. I strongly believe that the safety of my
family is being infringed on due to the following: 12 additional cars (six children
= six cars two times per day during business days) on my street. Added noise due
to the additional children (I do not believe in corralling children in a confined area
for up to 9 1/2 hours because of a negligent decision regarding this issue). This is
a dead end street. There is very little traffic and concern about access into or out
of my home. I am not willing to give up this convenience as a result of this issue
for those who may block my path or park in the street (which, of course the Town
is of Avon will be monitoring and ticketing those who disregard the parkin
ordinances, correct?). How will snow removal proceed with the additional cars in
the street? Will the Town of Avon request these workers return to our street to
finish a job they were unable to do if there are cars blocking their path? And trash,
removal, how will the Town of Avon address missed trash pick up due to cars
parked inappropriately?
*Dog currently residing at 2121 B Long Spur. This neighborhood is quiet and
friendly and a dog outside during day care hours in inclimate weather, or
otherwise, with little attention is bound to continue crying/ barking throughout the
day. It would be out of my love of animals that I would be inclined to inform
Animal Control if appropriate measures are not taken to ensure the dog's well
being. And how do you feel about a day care and dog mixed under the same roof.
*Devaluation of property values upon granting of said Special Use. According to
the Town of Avon this is a residential area We are a young couple who invested
in this residential area because of the value of living in a restricted use area. Our
elected Avon officials should stand behind those who entrusted our investments
Is
and futures in your hands, not threaten to disregard our faith in you to protect us
against matters in which you have control. 0
*The proposed day care allows for six children to be in the day care facility. Does
this include, or is this in addition, to the two, soon to be three, children already
residing at 2121 B Long Spur. Upon the illness of the two, soon to be three,
children are nine children then acceptable in the dwelling?
*If a Special Use is granted what happens upon the sale of the home? Does the
Special Use transfer? Is it limited? And what if the current residents decide to
change the business into something other than day care? What guidelines or
restrictions describe what the Use is? Upon granting a Special Use, what other
businesses can operate at above address? Who will enforce changes in business
plan? How can the Town of Avon reasonably make a decision on the next .
business at this residence, or any other business proposal in the Wildridge
subdivision, indiscriminately once you have decided to allow one type of
business?
*Finally, at what point is the Town of Avon able to deny Special Use applicants
in the Wildridge subdivision? How do you plan to do so indiscriminately? Have
you given consideration to the density of Special Use approvals? What would
happen if suddenly 40 applicants come to you wanting Special Uses for day care?
At what point do you honor the fact that this is a residential community? And at
what point do you, all the Town of Avon officials in charge of making this
decision, enforce the guidelines that made this a desirable housing community?
This issue, in my mind, goes far beyond this one day care Special Use consideration. Day
care is a countywide, state wide, and nation wide problem. It is unfair for you to ask the
neighbors of this proposed day care to begin fighting the problem. Many have chosen not
to have children themselves so how can you ask them to take this issue on in their own
back yards? Please understand that, if approved, the can of worms is open in this
community and acting indiscriminately from here on out may prove to be impossible for
the Town of Avon.
09-Lb-bi 15:25`EXPQNET5 ID=9707488866 P01/6
•
Geralyn D. & Rich Carroll
P.O. Box 4328
RECEIVED
2121A Long Spur
Avon, CO 81620
September 18, 2001
To Whdm it may Concern;
SEP 1 8 2001
Community Developmei
This letter is to address the application for rezoning of 2121 B Long Spur for a
Commercial business; specifically a Home Day Care Business.
I am opposed to the rezoning of 2121 B Long Spur for a commercial business for
a number of reasons. We will be at the meeting to discuss this proposed
rezoning. This letter is our formal letter of opposition to the rezoning.
The first reason is that this area is zoned residential. Rezoning for a commercial
business of this type will drastically affect the quality of life we experience. This
is not a low impact one-person business. This is a business that will have six
cars coming in the morning to drop off their children. Six cars will arrive in the
evening to pick-up the children. There will be an employee operating the
business when the homeowners are in Hawaii for three weeks in October.
This increase in traffic is dramatic. 2121 Long Spur has a narrow one-car
driveway. Further, 2121 B Long Spur has limited parking. The increase in traffic
will make it more difficult for us o go about our daily life. It will be a danger for
our children. It will hamper the plowing of the driveway in the winter. All of this
adds up to a very difficult and hazardous situation.
The school bus stops just a few yards away at the intersection of Long Spur and
Saddleridge Loop each morning about 8:00 a. m. Again, increased traffic will be
a problem for everyone, both the children walking to the bus and the children
being dropped off at the Home Day Care.
My wife as well as others in the immediate area work night shifts at the hospital.
We will now have increased noise from 6 children during the day. This will affect
her sleep and enjoy our home as we can today.
09-1o-a. 15:26 EXPQNETS ID-9707488866 P02/02
r
Liability is another huge issue. 2121 Long Spur has a shared backyard with no
fence. Suan made the comment today that "if you want a fence then buy one."
Try as hard as one might it will be next to impossible to keep the children
relegated to just the 2121 B side of the yard and driveway.
Commercial businesses of this nature do negatively affect the lives of the
neighbors around the business. Let's keep commercial businesses in areas that
are specifically designed and zoned for commercial businesses. The need for
Day Care is better addressed by incentives to open a business in a commercial
business area.
Thank You,
Rich Carroll
eralyn D. Carroll
11
•
Recording Secretary
Town of Avon
PO Box 9?5
Avon, CO 81620
RB: Zoning change 2121B Long Spur
B QQJ
BOA
We are opposed to the zoning change applied for by the applicants Shawn and Mchael Walkowicz for
several reasons. First of all this is a residential neighborhood not a business area We didn't purchase a
home here to live next door to a day care center.
Secondly this is a crowded neighborhood consisting of duplex homes, each duplex having 2 each
There is already a lot of traffic on this street with most drivers driving too fast It would be dangerous to cars
have even more children running around the yard and maybe into the street The change would greatly
increase traffic with drop offs and pick ups at busy times of the day for residents going and coming from
work There is also no where to park
Thirdly this kind of business would increase the noise level of the area with lots more children being
outside yelling and screaming
Thank you for taking our comments into consideration.
Sincerely.
?C
dncy and Peter Sherowski
11
September 18, 2001
Planning and Zoning Commission
City of Avon
Dear Sir or Madam:
F ? ? R w
5EP 2001
C?:mmunity Qevaipment
Please register my opposition to the creation of a day care facility at 2121B Long Spur in Wildridge. We
moved here, rather than to other mixed-use areas of the valley, in order to live in a residential area sans the
chance of having a commercial activity as a neighbor
We believe after questioning friends who are employed as realtors that the change in zoning and the
establishment of a child care facility backing on our yard, would decrease the value of our property in an
already faltering market, and make our home more difficult to sell. as well as increasing noise and traffic.while
we are living here.
Please consider the concerns of the adjacent property owners when evaluating this matter.
Sincerely,
Carole Ann McNeill
E
2350B Saddleridge Loop 0
El
SEP-17-2001 01:37 PM VOLTEK IMPORT SERVICE 303 293 24:54
luewdolenea ?iunwwo3
-9/17/01 1001 Z j d3S
Town of Avon aSAI3338
Planning & Zoning Commission
Community Development Dept.,
Recoeding Secretary
P.O. Box 975
Avon, CO 81620 ph.970-748-4413 fax.970-949-5749
To Whom It May Concern:
Ref: Proposed Home Day Care, 2121 B Long Spur, Wildridg•
Subdivision
Considerations:'
1. Ref. Zoning code 17.08.360 A. -"Cannot produce audible
noise outside the dwelling." How does a day care
provider control the noise level of potentially 6 (six)
1j - 3 year old children (including those in residence)
short of containg them indoors with windows and doors
closed?
2. Increased traffic on a street with only one ingress/egress.
3. Safety of children due to proximity of street and no
fences, pets, etc.
4. Potential negative effect on resale property values
(Fudiciary responsibility of realtors to disclose if
questioned)
5.-How many home day care or other home occupations may
be approved in a given area, block, filing, etc.?
6. Need for additional personal or business insurance due
to children's exposure to traffic, pets, etc.
7. Conflict wtih party wall agreement?
8. If approved, this could set a precedent allowing other
home occupations that, if disapproved, could raise a
question of discrimination.
9. Disapproval at this level would avoid possible civil
actions with otherwise good neighbors.
With all'the above considered, we do not suppot approval
of this request for Special use zoning.
R pect ly, ,
Thomas W. I& Linda Spooner
21108 Long Spur
Avon, CO 81620
970-949-0163
P. 01
We the undersigned are OPPOSED to the rezoning of 2121B Long Spur, Lot 41, Block 1,
Wildridge subdivision, Avon, Colorado for the proposed Home Day Care for children
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We the undersigned are OPPOSED to the rezoning of 2121B Long Spur, Lot 41, Block 1,
Wildridge subdivision, Avon, Colorado for the proposed Home Day Care for children
ages 1 '/s to 3 years old.
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We the undersigned are OPPOSED to the rezoning of 2121B Long Spur, Lot 41, Block 1,
Wildridge subdivision, Avon, Colorado for the proposed Home Day Care for children
ages 1 '/s to 3 years old.
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11
'.l?lemo
To:
Thru:
From:
?Date
Bill Efting, Town Manager
Ruth Borne, Director of Community Development
October 17, 2001
Re: Second Reading of Ordinance 01-12, An Ordinance Approving the
Barrancas PUD for Lots 38, 40, and 41, Block 1, Benchmark at Beaver
Creek Subdivision
Summary
Tanavon Corporation has submitted a PUD application for Barrancas, a 45-unit affordable
and employee housing project located on Lots 38, 40, and 41, Block 1 Benchmark at
Beaver Creek Subdivision. The PUD is for 18 units in 6 buildings on Lot 40 and 27 units in
9 buildings on Lot 41. Lot 38 would remain undeveloped and be dedicated as open space.
Ordinance 01-12 includes a provision that requires a left hand turn lane at major access
points to the project.
The Barrancas PUD is located along Metcalf Road north of Avon Auto Body and south of
the intersection of Metcalf Road and Wildwood Road. The entire development will occur on
the west side of the Metcalf Drainage Ditch with the exception of some of the parking on the
east side of the Metcalf Ditch for Lot 41.
On September 18, 2001 the Planning and Zoning Commission approved Resolution 01-15,
recommending approval to the Town Council for the Barrancas PUD.
Background
Honorable Mayor and Town Council
• Ordinance 81-33, creates a PUD for Lots 38, 40, and 41 through a transfer of
development rights from the Wildridge Subdivision.
• Original concept for employee housing, named "The Cove", reviewed by the
Planning and Zoning Commission on February 3,1998.
• Concept Review of The Cove on May 29, 1998 by the Planning and Zoning
Commission.
Recommendation
Staff recommends that the Town Council approve Ordinance 01-12, for the Barrancas PUD
on Lots 38, 40, and 41, Block 1, Benchmark at Beaver Creek Subdivision.
Memo to Town Council, October 23, 2001 Page 1 of 2
Ordinance 01-12, Barrancas PUD
Alternatives
1. Approve
2. Approve with conditions
3. Table
4. Deny the application in whole or in part
Proposed Motion
"I move to approve on second reading Ordinance 01-12, the Barrancas PUD for Lots 38,
40, and 41, Block 1, Benchmark at Beaver Creek Subdivision."
Town Manager Comments
Attachments:
A - Ordinance 01-12
B - Exhibit A, Development Summary
C - Exhibit B, Site Plan
D - Planning and Zoning Commission Staff Report
E - Planning and Zoning Resolution 01-15
Memo to Town Council, October 23, 2001 Page 2 of z
Ordinance 01-12, Barrancas PUD
n
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 23rd DAY OF OCTOBER
2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 01-12, SERIES OF 2001:
An Ordinance Approving the Barrancas Planned Unit Development (PUD) for Lots 38, 40, and
41, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 10th day of October, 2001.
TOWN
BY:
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
OCTOBER 10, 2001:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
ALPINE BANK
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
Town Clerk
TOWN OF AVON
•
ORDINANCE NO. 01-12
SERIES OF 2001
AN ORDINANCE APPROVING THE BARRANCAS
PLANNED UNIT DEVELOPMENT (PUD) FOR LOTS 389 409
AND 41, BLOCK 1, BENCHMARK AT BEAVER CREEK
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO.
WHEREAS, the Tanavon Corporation has applied for the Barrancas PUD for Lots 38,
40, and 41, Block 1, Benchmark at Beaver Creek Subdivision, which consists of open space on
Lot 38 and six (6) buildings with eighteen (18) units on Lot 40 and nine (9) buildings with
twenty-seven (27) units on Lot 41 for a total of 45 units; and
WHEREAS, the site specific development plan was approved in accordance with
Section 17.20.110 of the Municipal Code for the Barrancas PUD, which is attached hereto and
incorporated herein as Exhibit "A"
WHEREAS, 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 September 18, 2001, at which time the applicant and the public were given an
opportunity to express their opinions and present certain information and reports regarding the
Barrancas PUD; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded its recommendations on the Barrancas PUD to the Town Council of the Town of
Avon; and
E
FACouncil (c)\Ordinances\2001\Ord 01-12 Barrancas PUD L38,40,41 B1 BMBC.doc
WHEREAS, after notices provided by law, this Council held a public hearing on the
day of , 2001, at which time the public was given an opportunity
to express their opinions regarding the proposed PUD; 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:
1. The hearings before the Planning & Zoning Commission and the Town Council
were both extensive and complete and that all pertinent facts, matters and issues were
submitted at those hearings.
2. That the Barrancas PUD for Lots 38, 40, and 41, Block 1, and Benchmark at
Beaver Creek Subdivision is consistent with goals and objectives of the Town's
Comprehensive Plan, is compatible with surrounding neighborhood and is consistent
with the public interest.
3. That the development standards for the Barrancas PUD for Lots 38, 40, and 41,
Block 1, Benchmark at Beaver Creek Subdivision (which are attached and
incorporated herein as Exhibit "A") comply with each of the Town of Avon's PUD
design criteria and that this proposed development is consistent with the public
interest.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, THAT:
The Barrancas PUD for Lots 38, 40, and 41, Block 1, Benchmark at Beaver Creek Subdivision is
hereby approved, with the following conditions:
Concurrent with the Final Design application the following items must be provided-,
1. Revised subsoil and geologic hazards reports.
2. Engineered retaining walls for all walls over 4'0" in height.
3. Revise grading at the furthest north building on Lot 41.
4. Permanent and temporary erosion control.
5. Label each unit.
6. Provide left turn lane for major access points.
U
FACouncil (c)\Ordinances\2001\Ord 01-12 Barrancas PUD L38,40,41 B1 BMBC.doc
Prior to Issuance of a Building Permit the following items must be provided:
1. Execution of Deed Restriction Agreement with the Town of Avon.
2. Approval from the Army Corps of Engineers.
3. Verification of water pressure and anticipated flow.
4. Resolution on fire access and sprinkler requirement.
Prior to Issuance of a Temporary Certificate of Occupancy:
1. Convey title to Lot 38 as designated open space to the Town of Avon.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this 9_ day of October 2001, and a public hearing shall be held at the regular
meeting of the Town Council of the Town of Avon, Colorado, on the 2 3 day of October
Kris Nash, Town Clerk
2001, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
J y Yoder, Ma r
T:
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED.
Town of Avon, Colorado
Town Council
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
FACouncil (c)\Ordinances\2001\Ord 01-12 Barrancas PUD L38,40,41 B1 BMBC.doc
0 Exhibit A, Ordinance Number 01-12
Development Standards for Barrancas PUD
Setbacks:
Front: 50 feet from Metcalf Road (Lots 40 and 41)
Rear: 50 feet (Lots 40 and 41)
Side: 20 feet (Lots 40 and 41)
Height: The maximum building height will be 48 feet.
Density: 18 units in 6 buildings (Lot 40)
27 units in 9 buildings (Lot 41)
Lot 38 will be dedicated as open space
Site Coverage: 14% (Lot 40) / 18% (Lot 41)
Landscaping: 87% (Lot 40) / 84% (Lot 41) /Both including undisturbed
open space.
Parking: 41 spaces (Lot 40) / 62 spaces (Lot 41).
Snow shedding and storage: The application proposes that all snow
is storage shall be accommodated in the Metcalf Drainage Ditch.
Barrancas PUD Summary
The Barrancas PUD will consist of 18 units in 6 buildings on Lot 40, and 27 units
in 9 buildings on Lot 41 for a total of 45 units. Each building proposed will
contain three two-bedroom dwelling units with the ground floor level containing a
three-car garage. Lot 38 will not be developed and is proposed as open space.
FACouncil (c)\Ordinances\2 00 1 \Ord 01-12 Barrancas PUD Exhibit A.doc
Town of Avon
PUD
Staff Report
??
September 18, 2001 Planning & Zoning Commission meeting
Report Date September 14, 2001
Project Type Planned Unit Development (PUD) for 45 units of multifamily
housing, Barrancas
Legal Description Lots 38, 40, & 41, Block 1, Benchmark at Beaver Creek
Subdivision
Current Zoning Planned Unit Development (PUD) - Affordable and Employee
Housing and Open Space
Address 491 Metcalf Road
Introduction
The applicant, Ray Nielsen, is proposing Barrancas; a 45-unit affordable and employee housing
project located on Lots 38, 40, and 41 of the previously titled "The Cove" PUD. The PUD
designation for these lots was originally approved by ordinance in 1981 through a transfer of
development rights from a residential density `pool' that were not assigned elsewhere in
Wildridge. The original configuration of this density transfer was for 12 units on Lot 38, 8 units
on Lot 40, and 15 units on Lot 41. The original concept for employee housing at this location
was reviewed on February 3, 1998 and a Concept Review subsequently reviewed on May 29,
1998.
The current proposal is for 18 units in 6 buildings on Lot 40, and 27 units in 9 buildings on Lot
41 for a total of 45 units. Each building proposed will contain three two-bedroom dwelling units
with the ground floor level containing a three-car garage. Lot 38 will not be developed and is
proposed as open space. There will be a portion of the parking for Lot 41 on the Metcalf Road
side of the Metcalf Drainage Ditch that connects to the development via a pedestrian bridge.
PUD Design Criteria
The following design criteria shall be used as the principal criteria in evaluating a PUD. It shall
be the burden of the applicant to demonstrate that submittal material and the proposed
development plan comply with each of the following design criteria or demonstrate that one or
more of them is not applicable or that a particular development solution consistent with the
public interest has been achieved.
1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives.
This project will provide affordable housing for the community which conforms to Policy
A1.3 of the Comprehensive Plan. The Plan encourages the use of PUDs where it will
provide a benefit to the community and is compatible with surrounding development. The
proposed affordable housing will also comply with Goal C 1 to provide diverse, quality
housing to serve all economic segments of the population. As of yet, there have been no deed
restrictions proposed.
Policy A1.6 and A3.7 both recommend that lands on particularly steep slopes remain
undeveloped as open space and so designated. Lot 38 will be undeveloped and be designated
as open space.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Barrancas PUD, Lots 38, 40 and 41, Block 1, Benchmark at Beaver Creek Subdivision
September 18, 2001 Planning & Zoning Commission meeting Page 2 of 5
2. Conformity and compliance with the overall design theme of the Town, the sub-area
design recommendations and design guidelines of the Town.
The project is different from the residential design themes found throughout the Town of
Avon. The project is adjacent to the primary Industrial and Commercial zone district and
presents a very `industrial-like' appearance similar to other buildings in the immediate area.
The development is along the prominent entrance to the largest residential area in Avon
(Wildridge Subdivision).
The proposed design of the buildings includes garaged parking and adequate storage. There
will be two units accessible via elevator. The access to the units will be from exterior, open-
air stairwells. There are no proposed decks on the buildings.
3. Design compatibility with the immediate environment, neighborhood and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character and orientation.
The project is located on two lots with difficult access and building conditions due to the
steep slope. The significant setback distance from Metcalf Road will reduce the project's
mass and scale as perceived from the road. Additionally, the project is similar in scale, height
and architectural design to the immediately adjacent developments. Barrancas appears to
provide a transition between the industrial district of Metcalf Road and the residential areas
of Wildridge.
4. Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity;
The original density transfer to these three properties was for 35 units and this application
proposes 45 units, removing the original 12 units from Lot 38. The addition of 10 units does
not appear to affect the proposal negatively. This application appears to provide adequate
access, parking and avoidance of potential debris flow drainages. Lots 38, 40 and 41 are
difficult lots to develop. The proposed residential high-density use is an appropriate use for
these lots and should provide a buffer between the industrial areas to the south and residential
areas to the north.
5. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
The applicant has identified potential wildlife, wetland and drainage issues. This application
contains information on soil and potential geologic hazards and constraints that may be
present in the area. The design proposed has adequately identified those areas. Certain
wetlands will need to be disturbed in order to create an adequate driveway aisle on Lot 41.
The applicant must obtain an Army Corps of Engineers approval prior to issuance of a
building permit.
Issues presented in the subsoil and geologic hazards report must be addressed in the final
design application. Grading on the furthest north building on Lot 41 must be revised to avoid
drainage flowing toward the foundation.
In addition, the water pressure and anticipated flows will be required at building permit.
n
U
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Barrancas PUD, Lots 38, 40 and 41, Block 1, Benchmark at Beaver Creek Subdivision
September 18, 2001 Planning & Zoning Commission meeting Page 3 of 5
6. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
The linear shape of the lot and the severe steep slope that exists on the site largely dictate the
location of the buildings on each lot. The project will require retaining walls both above the
proposed buildings and below the parking areas. There will also be retaining walls used to
redirect possible debris flows from above the development. All retaining walls over 4'0" in
height must be designed by an engineer.
7. A circulation system designed for both vehicles and pedestrians addressing on and
off site traffic circulation that is compatible with the Town Transportation Plan.
Vehicle circulation in this application meets Towns standards with regard to driveways,
turnarounds and parking spaces. There is inadequate turnaround for fire vehicles which may
necessitate that the project have fire sprinklers.
Pedestrian circulation can occur along the access drive, however, because of the isolated
nature of the site and the lack of sidewalks, it will be difficult for pedestrians to circulate off-
site. The new pedestrian and bike path being constructed along Nottingham Road will
provide a definitive means of access to Town. Pedestrian flow along Metcalf is virtually
non-existent and incompatible at this time with traffic.
The proposal does not address mass transit transportation as a means to efficiently circulate
residents to other areas within the Town. A bus stop should be incorporated into the
development for future connection to the mass transit system.
8. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function. 0
The landscaping proposed should serve as functional and aesthetic for the project; however,
the exact placement and design can be further refined at final design. Without further soils
information, it is difficult to discern whether or not irrigation can be accomplished at this site
in order to fully establish the proposed plantings. Lot 38 will remain undeveloped and be
dedicated as open space.
9. Phasing plan or subdivision plan that will maintain a workable, functional and
efficient relationship throughout the development of the PUD. The phasing plan shall
clearly demonstrate that each phase can be workable, functional and efficient without
relying upon completion of future project phases.
The project is proposed in one phase. No phasing plan accompanies the application.
10. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks and police and fire protection.
There are adequate public services. The water pressure and anticipated flow must be verified
at building permit.
11. That the existing streets and roads are suitable and adequate to carry anticipated
traffic within the proposed PUD and in the vicinity of the proposed PUD.
Metcalf Road and other streets and roads in the vicinity are adequate to carry the anticipated
traffic for the Barrancas project.
C,J
Town of Avon Community Development (970) 748-4030 F°x ?Uf ?J -°- 1-
Barrancas PUD, Lots 38, 40 and 41, Block 1, Benchmark at Beaver Creek Subdivision
September 18, 2001 Planning & Zoning Commission meeting Page 4 of 5
® 12. Development Standards
Setbacks:
Front: 50 feet from Metcalf Road (Lots 40 and 41)
Rear: 50 feet (Lots 40 and 41)
Side: 20 feet (Lots 40 and 41)
Height: The maximum building height will be limited to 48 feet.
Density: 5.35 units per acre, 27 dwelling units (Lot 40) / 5.68 units per acre, 18 dwelling
units (Lot 41) / 0 per acre (Lot 38)
Site Coverage: 14% (Lot 40) / 18% (Lot 41)
Landscaping: 87% (Lot 40) / 84% (Lot 41) /Both including undisturbed open space.
Parking: 41 spaces (Lot 40) / 62 spaces (Lot 41).
Snow shedding and storage: The application proposes that all snow storage shall be
accommodated in the Metcalf Drainage Ditch.
Staff Comments
The natural constraints of these lots make them difficult to develop and affordable housing is an
appropriate use. Approval of this PUD should be for the proposed Barrancas development only.
Any amendments must comply with Section 17.20.110 of the Avon Municipal Code.
The additional 10 dwelling units on these three lots does not appear to be a significant issue
considering the amount of site disturbance and infrastructure already necessary to support the
residential development on these lots. Staff recommends approval of the PUD application.
Staff Recommendation
Staff recommends approval of Resolution 01-15, of the Barrancas PUD for Lots 38, 40, and 41
Block 1, Benchmark at Beaver Creek Subdivision subject to the following conditions:
Concurrent with the Final Design application, the following items must be provided:
1. Revised subsoil and geologic hazards reports.
2. Engineered retaining walls for all walls over 4'0" in height.
3. Revise grading on the drainage at the furthest north building on Lot 41.
4. Permanent and temporary erosion control.
5. Label each unit.
Prior to Issuance of a Building Permit, the following items must be provided:
1. Execution of Deed Restriction Agreement with the Town of Avon.
2. Approval from the Army Corps of Engineers.
3. Verification of water pressure and anticipated flow.
4. Resolution on fire access and sprinkler requirement.
own o von Community Development (970) 748-4030 Fax (970) 949-5749
Barrancas PUD, Lots 38, 40 and 41, Block 1, Benchmark at Beaver Creek Subdivision
September 18, 2001 Planning & Zoning Commission meeting Page 5 of 5
Recommended Motion
I move to approve Resolution 01-15 recommending to the Town Council approval of the
Barrancas PUD for Lots 38, 40, and 41 Block 1 Benchmark at Beaver Creek Subdivision with
the following conditions:
Concurrent with the Final Design application, the following items must be provided:
1. Revised subsoil and geologic hazards reports.
2. Engineered retaining walls for all walls over 4'0" in height.
3. Revise grading at the furthest north building on Lot 41.
4. Permanent and temporary erosion control.
5. Label each unit.
Prior to Issuance of a Building Permit, the following items must be provided:
1. Execution of Deed Restriction Agreement with the Town of Avon.
2. Approval from the Army Corps of Engineers.
3. Verification of water pressure and anticipated flow.
4. Resolution on fire access and sprinkler requirement.
If you have any questions regarding this project or anything in this report, please call me at
748.4413 or stop by the Community Development Department.
ResppeectfullllOsube
`tom
Eric Johnso
Town of Avon Community Development (970) 748-4030 rax (ritu) a4a-ot4v
• TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 01-15
SERIES OF 2001
A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF
THE TOWN OF AVON APPROVAL OF BARRANCAS PUD FOR LOTS
38, 40, AND 41, BLOCK 1, BENCHMARK AT BEAVER CREEK
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, The Tanavon Corporation has applied for a PUD to develop Lots 38, 40, and
41, Block 1, Benchmark at Beaver Creek into 45 affordable housing units named
Barrancas.
WHEREAS, after notices required by law, a public hearing on said application was held by
the Planning & Zoning Commission of the Town of Avon.
WHEREAS, said application is consistent with all legal requirements.
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends to the Town Council of the Town of Avon approval of the application
for the Barrancas PUD to develop affordable housing on Lots 38, 40, and 41 Block 1,
Benchmark at Beaver Creek with the following conditions:
Concurrent with the Final Design Application, the following items must be provided:
1. Revised subsoil and geologic hazards reports.
2. Engineered retaining walls for all walls over 4'0" in height.
3. Revise grading on the furthest north building on Lot 41.
4. Permanent and temporary erosion control.
5. Label each unit.
0 And
Planning & Zoning Commission Resolution 00-01, Series of 2000
Page 2 of 2
January 18, 2000
Prior to Issuance of a Building Permit, the following items must be provided:
1. Execution of Deed Restriction Agreement with the Town of Avon.
2. Approval from the Army Corps of Engineers. --- - - -
3. Verification of water pressure and anticipated flow.
4. Resolution on fire access and sprinkler requirement.
ADOPTED THIS 18th DAY OF SEPTEMBER, 2001
Signed:
Date:
Chris Evans, Chair
Attes
Date: cj/d 2D01
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MEMORANDUM
TO: Hon. Mayor and Town Council
FROM: Burt Levin
RE: Day Care Ordinance Amendment
DATE: October 16, 2001
Per the instructions given during the October 91h meeting, I have amended the day care
ordinance to provide the following:
"1. In the case of an applicant living in a duplex dwelling unit, the
applicant shall submit the written consent of the owner of the neighboring unit
within the duplex to a licensed child day care home.
2. In the case of an applicant living in a multi-family dwelling unit
(including a condominium), the applicant shall submit the written consent of all
the owners of property which share a common and adjoining wall with the
property owned by the applicant to a licensed child day care home."
C7
STATE OF COLORADO )
COUNTY OF EAGLE j SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 23rd DAY OF OCTOBER
2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 01-13, SERIES OF 2001:
An Ordinance Amending Chapter 17.48 of the Avon Municipal Code Relating to Home
Occupations/Child Day Care
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 10th day of October, 2001.
TOWN,,OiAVON, COLORADO 0
BY:
KrYs Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
OCTOBER 10, 2001:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
ALPINE BANK
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
t
ORDINANCE NO. 01 - 13
® AN ORDINANCE AMENDING CHAPTER 17.48 OF THE AVON MUNICIPAL
CODE RELATING TO HOME OCCUPATIONS/CHILD DAY CARE
BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. A new Section 17.48.060 is hereby added to the Municipal
Code of the Town of Avon as follows:
17.48.060. Special rules governing special review use permit for home
occupation/child day care home in duplex and multi family dwelling units
A. The provisions of this section 17.48.060 apply in cases in which a special
review use permit is sought for a licensed child day care home as a home occupation
within a duplex or multi-family dwelling unit where the occupants of such dwelling units
share a common wall.
B. When a special review use permit is sought for a licensed child day care home
as a home occupation within a duplex or multi-family dwelling unit where the occupants
of such dwelling units share a common wall, in addition to the submittal requirements set
forth in section 17.48.030, the applicant shall also submit to the department of
community development the following:
1. In the case of an applicant living in a duplex dwelling unit, the
applicant shall submit the written consent of the owner of the neighboring unit within the
duplex to a licensed child day care home.
2. In the case of an applicant living in a multi-family dwelling unit
(including a condominium), the applicant shall submit the written consent of all the
owners of property which share a common and adjoining wall with the property owned by
the applicant to a licensed child day care home.
C. Once a special review use permit has been granted for a licensed child day care
home as a home occupation within a duplex or multi-family dwelling unit,
notwithstanding section 17.48.020 there shall be no requirement that the special review
use permit is valid only so long as the consent given as provided by subsection B hereof
is maintained. In the event a consent given as provided by subsection B is withdrawn
after a special review use permit has been granted, the Town will review the use and in its
discretion decide whether to continue to permit the use in accordance with the criteria set
forth in section 17.48.040. No special review use permit for a licensed child day care
home as a home occupation issued pursuant to this section will be cancelled by the Town
based solely upon the withdrawal of consent as provided in subsection B hereof; and, in
cases where the consent provided for herein has been withdrawn, no special review use
I
permit issued pursuant to this section shall be cancelled unless a hearing has been held on
the issue of the cancellation of the use (unless the holder of the special review use permit
waives entitlement to a hearing).
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED POSTED, this day of , 2001, and a public hearing on
this Ordinance shall be held at the regular meeting of the Town Council of the Town of
Avon, Colorado on the _ day of , 2001, at 5:30 p.m., in the
Municipal Building of the Town of Avon, Colorado.
TOWN OF AVON
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED, this day of , 2001.
TOWN OF AVON
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
•
v
2
® APPROVED AS TO FORM:
Burt Levin, Town Attorney
I?
L'
I
I?A 6
- TO: Honorable Mayor and Town Council -
Thru: Bill Efting, Town Manager
From: Norm Wood, Town Engineer
Date: October 16, 2001
Re: McCrady Acres Annexation and Zoning Ordinances (Public Hearing)
Ordinance No. 01-14 / Annexation - 2nd Reading
Ordinance No. 01-15 / Annexation, Development & Subdivision
Improvements Agreement - 2nd Reading
Ordinance No. 01-08 / Zoning - 2nd Reading
McGrady Acres Subdivision
Resolution No. 01-31 / Final Subdivision Plat Approval
Summary: Three Ordinances and one Resolution related to the
Annexation, Zoning and Subdivision of McGrady Acres Lots 1, 2, 3, 4 and 5 are
scheduled for final action at the October 23, 2001, Council meeting. These Ordinances
and Resolution are all inter-related and should be considered as a complete package. The
Annexation, Development & Subdivision Improvements Agreement and Zoning
Ordinances and the Final Subdivision Plat Resolution should not be approved until after
the Annexation Ordinance is approved.
A public hearing is required for second reading of the three Ordinances. The attached
e-mail from Carol Krueger was submitted in response these public hearings and should be
made a part of the official public hearing record.
The public hearing for the subdivision was held at the Preliminary Plan approval stage so
the Resolution approving the Final Subdivision Plat does not require an additional public
hearing. The approval criteria for the Final Subdivision Plat are that it meet final plat
submittal requirements and be consistent with the approved Preliminary Plan.
1AEngineering\Avon Village\Annexation\Summary Memo 10-16-01.Doc
If the proposed zoning and subdivision applications are determined to be satisfactory
following the public hearings and as indicated by 1st Reading and Preliminary Plan
Approvals, the approval process should be in the following order:
1) Ordinance No. 01-14, Annexation Ordinance
2) Ordinance No. 01-15, Annexation, Development and Subdivision
Improvements Agreement
3) Ordinance No. 01-08, Zoning Ordinance
4) Resolution No. 01-31, Final Subdivision Plat Approval
If the proposed zoning and/or subdivision are not acceptable, action on the Annexation,
Ordinance No. 01-14 should be tabled or continued. The Annexation, Development &
Subdivision Improvements Agreement, Ordinance No. 01-15, Zoning Ordinance No. 01-
08 and the Final Subdivision Plat Resolution No. 01-31 should be denied. This action
would allow the applicant to submit revised zoning and subdivision applications without
having to go through Annexation process again. This should reduce the required time
frame for approval significantly if a revised zoning and subdivision application is
submitted.
Recommendations: Approve on 2nd Reading Annexation Ordinance No.
01-14, Annexation, Development & Subdivision Improvements Agreement Ordinance No.
01-15 and Zoning Ordinance No. 01-08 and approve Resolution No. 01-31 Approving
Final Subdivision Plat.
Alternatives: Table 2nd Reading of Annexation Ordinance No. 01-14 and
deny Annexation, Development & Subdivision Improvements Agreement Ordinance No.
01-15, Zoning Ordinance No. 01-08 and Resolution No. 01-31 Approving Final
Subdivision Plat.
Town Manager Comments:
I:\Engineering\Avon Village\Annexation\Summary Memo 10-16-01.Doc 2
Norman Wood
From: Carol Krueger [ckrueger@weartrav.com]
Sent: Wednesday, October 17, 2001 5:06 PM
To: jyoder@avon.org; mbrown@avon.org; mmcdevitt@avon.org; pbuckley@avon.org;
debbie@internetvail.com; befting@avon.org; nwood@avon.org; blevin@avon.org;
(brooks@avon.org
Subject: McGrady Acres Matters
CAROL and JOHN KRUEGER
5200 Eaglebend Drive
BEN and CELINE KRUEGER
5198 Eaglebend Drive
Avon, Colorado 81620
(970) 476-7646 (w)
(970) 949-1198 (h)
October 17, 2001
Dear Town Council and Other Representatives:
Unfortunately, I will be out of town for the McGrady Acres meeting on
October 23, 2001, and I speak for the owners of the residences listed above.
Since I will be gone, I feel compelled to write to urge you to represent our
neighborhood during the decisions which will be made at that meeting. Three
issues will be addressed at that meeting: (1) Final Plat reflecting road
realignment, new developer lots and cul de sac; (2) re-zoning to
neighborhood commercial, and (3) Annexation, Development and Subdivision
Improvement Agreement. The following are my thoughts on each of these 3
issues:
Final Plat.
The neighborhood did not get to see this document much in advance of the
public hearing even though the Town told the developers and the neighbors to
get together to work on it and even though Bill Post told me before the
meeting that the planner was working on a residential layout (in addition to
a commercial layout). There were no such meetings, and we have never seen a
plan for residential subdivision. The Town Council gave preliminary
approval to the plat even though it reduced the size of the park from the
prior submission where Eaglebend Drive continued through to the new Post
Boulevard. When the cul de sac was added, the developer decided to take the
additional acreage (more than 1/3 acres) for himself which would otherwise
have been used for Eaglebend Drive (confirmed by 4.1(c) of the A,D,SIA).
Land that we thought might be used as a buffer between the cul de sac and
the new developer lots got taken. Residential lots of that size have sold
for between $200,000-300,000. I doubt that construction of the cul de sac
will cost that much. Why does the developer get this windfall?
Do we like the plan? With no park buffer between the cul de sac and the new
lots, there is very little room to put a berm, landscaping or other
screening. Norm says there may be about 10 feet. He says that, although he
interprets the code to require a 25 foot setback of the developer buildings
from the cul de sac, the developer will most likely request a variance to
the usual rear setback, which is 10 feet. We are against such a variance.
Our requests for protection from the proposed commercial uses are not new.
Our neighborhood petition specifically requests these items. Bill Post says
he does not want to put up the Berlin wall. But we could be looking
straight down our street to the rear of a strip mall with loading docks,
parking lot lights and dumpsters. We could be listening to "Welcome to
McDonald's, may I help you?" 24 hours a day. Why wouldn't we want as much
buffer as possible and some type of visual and other screening.
2. Re-Zoning.
Obviously, the plat issue goes hand in hand with the zoning. We want the
developer lots to remain residential and join our street at the end of our
cul de sac. Then the buffer and screening issues go away. Our petition
made this clear from the start. No new requests. I will even be happy to
give the developer the extra Eaglebend Drive acreage to build on if he would
join our neighborhood (some neighbors may disagree and still push for a
larger park).
I have always felt at least as strongly if not more strong about the zoning
than about the cul de sac. Of course, I live 2 doors down from what could
be a 24 hour car wash or restaurant. Not all neighbors on our street will
be as impacted. Their property values will not go down like mine will. Why
should I bear the consequences of the developer bringing a busy street next
to his own property? He only bought that property to have room to build
Post Boulevard. If you think this property is key to his development, I
think you are mistaken. Here is my quick list on the zoning matter:
A. By keeping the zoning residential, you maintain the values and
expectations of not only the existing owners, but the developer who
purchased subject to that zoning.
B. Any owner purchasing residential property along the busy street will
know in advance what they are getting. With commercial zoning, we are
forced to live next to commercial uses never anticipated to be there.
C. You should not make your decision based on the statement of the Lot 6
owner that he may go for commercial zoning. He does not have that zoning
and we will fight that even harder. There will be no park to buffer us from
that commercial, and the impact on us will be doubled once commercial is on
all tracts adjacent to us. From my perspective, the owner of Lot 6 has a
bigger beef with his situation than Traer Creek because the busy road was
imposed on him. However, if the value of his property is affected by that
road, the owner of Lot 6 can and will be compensated (I promise you) for
those damages.
D. I am not impressed by the developer's statement that he does not have a
good plan for residential due to the requirement that he must give the Lot 6
owner an access easement. The developer's installation of the new road and
its new grade causes the access for Lot 6 to be in this new location. His
own property needs to bear that impact. Since he is getting the extra
Eaglebend Drive acreage, he actually comes out better than if Eaglebend
Drive went through. Even if his layout for residential is not ideal, it is
a sacrifice that he will willingly make in the end for the bigger project.
E. I also do not believe the developer when he says that he will not build
the cul de sac if he is forced to keep his property residential. Play that
hand and request the cul de sac and residential zoning. He will not fight
you because he has bigger and better things to do. This is a standard
requirement for developers to pay for the impacts of their new development.
In addition, if his property is residential, the cul de sac benefits that
property. Note at your last meeting, Bill avoided answering your question
whether he would keep the property residential if we scrap the cul de sac.
He will keep the cul de sac, no matter what the zoning. Perhaps you could
suggest that we will pick up the cost of the cul de sac if he gives us the
extra Eaglebend Drive acreage for our park. See what he says. In
actuality, we are entitled to both.
F. Do you really think the Town needs more commercial?
Finally, if you all conclude that commercial zoning is necessary, do you
really feel that this zoning is compatible with single family and duplex
residences? How can neighborhood commercial be considered a low density use
2
when Burger King is the busiest place in town during some lunch hours, with
cars backed up on the street and winding their way around that small space?
No thanks. Perhaps we need a more restrictive zoning designation, but for
now, if you decide in favor of commercial zoning, I guess I am requesting
that you impose PUD zoning with only low intensity uses. To me, that means
office space -- daytime use that will not adversely affect our property
values as much. The other permitted uses create noise, smells, trash,
signage (neon?), parking lot lights.
For the record, Bill Post specifically told me that he would give up the
car wash If he gets neighborhood commercial, will this restriction be on
the plat and referenced in all documents where the zoning is referenced?
Please confirm at the meeting that he was being truthful when he made this
statement to me and require it in all zoning designations.
3. Annexation, Development and Subdivision Improvement Agreement
Several changes would need to be made to this document depending on the
decisions in the areas above. In addition, the following are my comments:
A. I am not sure whether an additional SIA is contemplated, but I would
like to see in this document the requirement concerning the cul de sac
improvements, including adequate, landscaping, berming, other screening and
fencing. The timing of these improvements should be addressed.
B. The developer is only restricted from conveying his new development
parcels until the subdivision is complete. I suggest that he be required to
make all of his public improvements, including the cul de sac improvements,
before he can convey those parcels. He should not profit by selling those
lots until his obligations are complete. With a third party not motivated
with the huge Village at Avon project, we may never get any decent cul de
sac improvements.
C. The document says that the metro district will acquire the County
portion of Eaglebend Drive and Nottingham Ranch Road until they are
re-aligned. As an owner of properties on each of these roads, should there
not be some maintenance obligations in place before the Town owns those
roads? I would like to know how those will be kept during that process and
should there not be some time limitation on getting the improvements done?
Again, I am sure you plan another SIA with a time deadline and requirement
for security but I am sure curious as to those requirements and whether they
need to be negotiated simultaneously with this document.
Thank you for taking the time to read this letter. I humbly request that my
letter be read and inserted into the minutes of the meeting so that my voice
can be accounted for. I will be gone from 10/18 until 10/28 and hope for
good news upon my return!
Very truly yours,
Carol Krueger
3
COLLEEN WEISS
5221 Eaglebend Drive
Avon, Colorado 81620
(970) 949-6346 (w)
(970) 926-5071 (h)
October 19, 2001
Dear Town Council and Other Representatives:
I'm going to keep this letter short as I fully support specific comments and
recommendations communicated to you in a letter from the Krueger family, who are
neighbors of mine. What I would like to focus on is the "process" of successful
development projects. Witnessing the ongoing communication between the Town,
Developer and Eaglebend residents related to the development and zoning of the
McGrady Acres has truly opened my eyes to why certain development projects are
successful and why others take years to accomplish and don't meet the end desires of all
involved, including the developer's profits.
I have never been more proud of my employer. I have worked for East West
Resorts for over 7 years and have witnessed the development of many successful projects
by our sister company, East West Partners. I know from observing their team members,
who include Charles Madison, Ross Bowker, James Telling, and Dick Funk that the
projects which are most successful receive input and buy-in, not only from the town
officials and regulatory agencies involved but more importantly, the community members
being affected. Understanding that nobody gets all of what they want, I have observed
that the citizens, town and the developer are all rewarded through this process.
I am disappointed that at this stage of the McGrady Acres project there is not full
effort by all parties involved to come up with a plan that will meet the end desires of
those involved. Knowing how passionate the residents of Eaglebend are on just a couple
of the development issues, I don't understand why there is such resistance to meet their
requests.
I believe the definition of a successful development project is one that meets the
needs and desires of those touched by it....
Thank you for your time and consideration.
Sincerely,
Colleen Weiss
9 0
Hello everyone,
Sorry I can't attend tonight's meeting, -but-not that-sorry,-I'm in-
Greece. I'd just like to say my piece about our endeavor. I still do
think lot 3 and mike _Bowen's_lot 6 should be residential but since it
looks like we can have one (the cul-de-sac) or the other (residential
zoning) I vote for the cul-de sac!
That being said, I'd like to thank all off you council members
and all the town staff for listening to our side and truly considering
the arguments. I'd like to thank bill post and his staff for their
considerations also.
It's been fun and as long as we get our cul-de-sac I'll be happy.
thanks again,
buz
R-ZI -off
SEP 21
TOWN OF AVON
I am a resident of Avon, on Eaglebend Drive, and am feeling under represented by my
Town's elected officials and staff with respect to Traer Creek, LLC's proposed
development. I don't understand the argument that the residents of Eaglebend Drive have
to choose either a cul-de-sac or residential zoning, but cannot have both. Most
municipalities require a developer to mitigate its impacts on surrounding neighborhoods
as much a possible. That means Traer Creek should be required to take all reasonable
steps to maintain the nature of the Eaglebend neighborhood, both in terms of traffic and
type of use.
Traer Creek is the entity that is changing the nature of Nottingham Ranch Road, so
why should it now be able to claim that it needs a change of zoning of its McGrady Acres
property because it will be near a busy road? Bill Post told an Eaglebend resident that
she was being selfish to require that the McGrady Acres property remain residential,
because it will require the buyers of that property to live near a busy road. However,
those new residents will consciously choose that option. When the current residents of
Eaglebend Drive bought their houses, they relied on the residential zoning of the
neighboring property. It is more unfair to make the current residents live near a
commercial development, when they have a reasonable expectation that the neighboring
property will remain residential, than it is to let future purchasers choose whether or not
to live near a busy street. In reality, Traer Creek is selfishly protecting its own interests
by demanding commercial zoning for its McGrady Acres property. If Traer Creek can
change the zoning to commercial, Traer Creek will improve the value of its McGrady
Acres property to the detriment of the property values and enjoyment of the existing
residents of Avon on Eaglebend Drive. As a result, the current residents of Eaglebend
Drive will pay for Traer Creek's impacts to Nottingham Ranch Road and Traer Creek's
McGrady Acres property will benefit from them.
In fact, if Traer Creek can obtain approval of the cul-de-sac and commercial zoning,
Traer Creek will obtain a significant windfall with its McGrady Acres property. I would
like to point out that contrary to its claims, Traer Creek is benefited by the cul-de-sac.
Based on Traer Creek's own plans, Traer Creek will have 1/3 of an acre more land
available for development by installing a cul-de-sac instead of a through street on
Eaglebend Drive. Consequently, Traer Creek will win a stunning victory by turning low
value residential land (that it had to acquire in order to make Nottingham Ranch Road a
much busier street) into high value commercial land. Meanwhile, Bill Post is touting
Traer Creek's generosity in building a cul-de-sac, but fails to point out that Traer Creek
will now be developing an extra 1 /3 of an acre.
If the Town of Avon is tempted to approve commercial zoning for the McGrady
Acres property in its constant search for new revenue sources, I would rather that the
Town did some belt tightening. For instance, I would rather the Town manage its growth
responsibly than throw a Fourth of July party for the entire valley. Basing land use
approval decisions solely on fiscal considerations will insure that Avon becomes the
"poster child for growth management in Colorado." - --
L
TOV,If? OF h"VOtJ c
_J
I am feeling under represented by the Avon Town council and staff because the
Town is making it difficult for the Eaglebend residents to participate in the land use
approval process. When Eaglebend residents appear at meetings involving Traer Creek's
approvals, we are not allowed to speak and are told to come to the next meeting. When
we show up at the next meeting, we are still not allowed to voice our concerns, because
the agenda has changed without notifying us. The Town knows that the residents of
Eaglebend are interested in this matter and should make every effort to keep us informed
and involved. In addition, the Town should require Traer Creek to supply the residents of
Eaglebend Drive with its proposals and submittals in advance of the meetings. We are at
a disadvantage at these meetings because we are not allowed to speak and we do not have
complete information.
In addition, the Town planning staff has been extremely unhelpful in providing
information to the residents of Eaglebend about Traer Creek's development approvals.
Moreover, why hasn't the planning staff required Traer Creek to conduct a traffic study?
Why hasn't the planning staff required Traer Creek to compare the cost of the cul-de-sac
to the cost of rerouting Eaglebend Drive? Why hasn't the planning staff discovered that
Traer Creek's latest proposal allows 1/3 of an acre more of development? It is my
impression, that the Town's staff has been given the sole goal of finding new sources of
funding for the Town. However, this is a short sighted and ill advised approach. As a
resident of the Town of Avon, I do not feel that this represents my interests.
In conclusion, I urge each of the Avon Town Council members to require Traer Creek
to mitigate all of its impacts to the Eaglebend neighborhood by building the cul-de-sac
and by retaining the single-family/duplex residential zoning of the McGrady Acres
property. In addition, I request that the Town and Traer Creek be required to provide me
and any other requesting resident with complete and timely information regarding Traer
Creek's development plans and approvals so that I may meaningfully participate in the
process. Finally, I ask the Town to rethink its primary goal of finding new funding
sources and take a more balanced and thoughtful approach to growth in the valley.
Thank you.
Kristi Ferraro
3860 Eaglebend Drive
P.O. Box 145
Avon, Colorado 81620
ferraro(cr?vail.net
949-1944
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 23rd DAY OF OCTOBER
2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 01-14, SERIES OF 2001:
An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain Property as
Described in the McGrady Acres Petition for Annexation
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 10th day of October, 2001.
TOWN F ON, COLORADO
BY:
s Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
OCTOBER 10, 2001:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
ALPINE BANK
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
11
TOWN OF AVON
ORDINANCE NO. 01-14 Is
SERIES OF 2001
AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN
OF AVON, COLORADO, OF CERTAIN PROPERTY AS DESCRIBED IN
THE MCGRADY ACRES PETITION FOR ANNEXATION.
WHEREAS, on August 2, 2001, EMD LIMITED LIABILITY COMPANY and
TRAER CREEK LLC filed with the Town Clerk for the Town of Avon ("Town") the petition for
annexation ("Petition") requesting that the Town Council of the Town ("Town Council")
commence proceedings to annex to the Town certain unincorporated tract or tracts of land
located in Eagle County, Colorado, and described on Exhibit A attached hereto and incorporated
herein by this reference (the "Annexation Property"); and
WHEREAS, the Town Council, by Resolution Number 01-27, Series of 2001,
attached hereto and incorporated herein by this reference as Exhibit B, has determined with
regard to the Petition that, pursuant to Section 31-12-110, C.R.S.: (1) the applicable parts of
Sections 31-12-104 and 31-12-105, C.R.S., have been met; (2) an election is not required under
Sections 31-12-107(2) or 31-12-112, C.R.S.; and (3) no additional terms and conditions are to be
imposed on the Petition;
WHEREAS, the Town Council held public hearings at which it received evidence
and testimony pertaining to the annexation of the Annexation Property, at the conclusion of
which the Town Council considered such evidence and testimony so introduced, and by this
Ordinance sets forth its findings of fact and conclusions.
THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT
AND CONCLUSIONS:
1. The submission, processing, consideration and approval of the Petition
have fully met and complied with all applicable laws and regulations of the State of Colorado
and the Town, including, without limitation, Article 11, Section 30 of the Colorado constitution
and Sections 31-12-101 through 31-12-123, C.R.S.
2. All public hearings concerning whether the Town should annex the
Annexation Property have been held and conducted in accordance with all applicable laws and
regulations of the State of Colorado and the Town.
3. All notices required for the public hearings at which the Town Council
considered the Petition were properly and timely published, posted or mailed in accordance with
all applicable laws and regulations of the State of Colorado and the Town.
4. In order to encourage well-ordered development to the Town, it is
desirable that the Annexation Property be annexed to the Town.
521179.3 CAMALC 10/4101 5:48 PM
5. The annexation of the Annexation Property to the Town is in the best
interests of the public health, safety and general welfare of the people of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO THAT:
Section 1. The annexation to the Town of the Annexation Property be, and is
hereby approved and said real property as described on the annexation map
accompanying the Petition is hereby annexed to the Town.
Section 2. As required by statute, the Town shall:
(a) File one copy of the annexation map with the original of this Ordinance in
the office of the Town Clerk for the Town; and
(b) Subject to the terms of Section 18 of the Petition, file for recording three
certified copies of this Ordinance and of the map of the area annexed
containing a legal description of such area with the Clerk and Recorder of
Eagle County, Colorado.
Section 3. The Town Clerk is hereby authorized and directed to publish the
full text of this Ordinance in a newspaper of general circulation within the Town
(i.e., the Vail Valley Times or the Eagle Valley Enterprise, or both) on the next
available publication date.
Section 4. The effective date of this Ordinance shall be seven (7) days after
publication of the notice described in Section 3 above.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED PUBLISHED this 9 day of October 2001 and a public hearing on this
ordinance shall be held at the regular meeting of the Town Council of the Town of Avon,
Colorado, on the 23 day of October 2001 at 5:30 p.m. in the Avon Municipal
Complex, 400 Benchmark Road, Avon, Colorado.
TOWN OF AVON
By: -w
J Yode
Mayor of the Town of Avon, Colorado
521179.3 CAMALC 10/4!01 5:48 PM 2
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED PUBLISHED this day of , 2001.
TOWN OF AVON
Bv:
Judy Yoder
Mayor of the Town of Avon, Colorado
Attest:
Kris Nash
Town Clerk
APPROVED AS TO FORM:
Burt Levin, Esq.
Town Attorney
E
521179.3 CAMALC 10/4/01 5:48 PM 3
Town Clerk
EXHIBIT A
TO
ORDINANCE NUMBER 01-14, SERIES OF 2001
(Legal Description of Annexation Property)
Those parts of the Denver and Rio Grande Western Railroad right-of-way and those parts of U.S.
Highway 6 and 24 right-of-way, both lying in the S 1/2 Section 7, Township 5 South, Range 81
West of the Sixth Principal Meridian, Eagle County, Colorado; together with those parts of
McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533 in the
office of the Eagle County, Colorado, Clerk and Recorder; together with the 60 foot wide public
right-of-way shown on (Corrected) Final Plat - Condominium Map SUN RIVER
CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office
of said Clerk and Recorder, all being described as a whole as follows:
Beginning at a point on the existing Town of Avon boundary and the northerly right-of-way line
of the Denver and Rio Grande Western Railroad, whence the northwest corner of said McGrady
Acres bears S25°38'00"W 100.00 feet; thence the following four courses along said common
line: (1) S64°22'00'E 376.11 feet; (2) 28.04 feet along the arc of a curve to the left, having a
radius of 1860.00 feet, a central angle of 00°51'50", and a chord that bears S64°47'55"E 28.04
feet; (3) S00°12'23"E 22.04 feet; (4) 548.06 feet along the arc of a curve to the left, having a
radius of 1880.00 feet, a central angle of 16°42' 10", and a chord that bears S73°51'55"E 546.11
feet; thence, departing said common line, S07°47'00"W 60.00 feet to a point on the southerly
right-of-way line of said Denver and Rio Grande Western Railroad and the northerly right-of-way
line of Nottingham Ranch Road as shown on said final plat of McGrady Acres; thence the
following two courses along said common line: (1) S82°13'00"E 1136.53 feet; (2) 42.66 feet
along the arc of a curve to the right, having a radius of 5699.70 feet, a central angle of 00°25'44",
and a chord that bears S82°00'09"E 42.66 feet; thence, departing said common line and
continuing the following nine courses along the easterly, southerly and southeasterly right-of-way
lines of said Nottingham Ranch Road: (1) 209.28 feet along the arc of a curve to the right, having
a radius of 120.00 feet, a central angle of 99°55'26", and a chord that bears S57'49'1 7"W 183.75
feet; (2) N72°13'00"W 277.44 feet; (3) N82°13'00"W 1056.24 feet; (4) 167.20 feet along the arc
of a curve to the left, having a radius of 265.00 feet, a central angle of 36°09'00", and a chord
that bears S79°42'30"W 164.44 feet; (5) S61 °38'00"W 113.82 feet; (6) 159.29 feet along the arc
of a curve to the right, having a radius of 557.63 feet, a central angle of 16°22'00", and a chord
that bears S69°49'00"W 158.75 feet; (7) S78°00'01"W 93.40 feet; (8) 149.40 feet along the arc
of a curve to the left, having a radius of 500.00 feet, a central angle of 17°07' 12", and a chord
that bears S69°26'25"W 148.85 feet; (9) S60°52'49"W 101.94 feet to the southwesterly line of
said McGrady Acres and the northeasterly line of said Sun River Condominiums; thence, along
said common line, S47°59'03"E 0.24 feet; thence, departing said common line, S60°53'00"W
78.88 feet, along the easterly line of the 60 foot wide public right-of-way shown on said
(Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS, to the
southwesterly line of said Sun River Condominiums and the northeasterly right-of-way line of
said U.S. Highway 6 and 24; thence, along said common line, 264.30 feet along the arc of a
curve to the left, having a radius of 1830.00 feet, a central angle of 08°16'30", and a chord that
bears S70°43'32"E 264.07 feet; thence, departing said common line, S15°08'13"W 130.00 feet
5211 79.3 CAMALC 10/4/01 5:58 PM A-1
to the southwesterly right-of-way line of said U.S. Highway 6 and 24; thence the following two
courses along said southwesterly right-of-way line: (1) 400.12 feet along the arc of a curve to the
right, having a radius of 1960.00 feet, a central angle of 11°41'47", and a chord that bears
N69°00' 54"W 399.42 feet; (2) N63 ° 10' 00"W 100.72 feet; thence, departing said southwesterly
right-of-way line, N26°50'00"E 123.00 feet to the southwesterly line of said Sun River
Condominiums and the northeasterly right-of-way line of U.S. Highway 6 and 24; thence, along
said common line, the following three courses: (1) S79°52'00"E 24.35 feet; (2) S63°10'00"E
77.40 feet; (3) 34.82 feet along the arc of a curve to the left, having a radius of 1830.00 feet, a
central angle of 01°05'25", and a chord that bears S63°42'43"E 34.82 feet; thence, departing said
common line, N60°53'00"E 102.46 feet, along the westerly line of the 60 foot wide public right-
of-way as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER
CONDOMINIUMS, to the northeasterly line of said Sun River Condominiums and the
southwesterly line of said McGrady Acres; thence, along said common line the following two
courses: (1) N47°59'03"W 198.62 feet; (2) N37°40'59"W 102.73 feet to the most westerly
corner of said McGrady Acres and the existing Town of Avon boundary; thence, departing said
common line, N45°53'00"E 125.14 feet along the northwesterly line of McGrady Acres and the
existing Town of Avon Boundary; thence, departing the existing Town of Avon boundary,
S40°32'42"E 318.00 feet along the southwesterly line of Lot 6, said McGrady Acres to the
southeasterly line of said Lot 6 and the northwesterly right-of-way line of said Nottingham Ranch
Road; thence, along said common line, the following four courses: (1) N60°52'49"E 18.00 feet;
(2) 170.31 feet along the arc of a curve to the right, having a radius of 570.00 feet, a central angle
of 17°07'12", and a chord that bears N69°26'25"E 169.69 feet; (3)N78°00'01"E 93.40 feet; (4)
19.13 feet along the arc of a curve to the left, having a radius of 487.63 feet, a central angle of
02°14'51", and a chord that bears N76°52'36"E 19.13 feet to the most easterly corner of said Lot
6; thence, departing said common line, N57°59'05"W 462.86 feet, along northeasterly line of
said Lot 6, to the northwesterly line of said McGrady Acres and the existing Town of Avon
boundary; thence, departing said northeasterly line, N45°53'00"E 240.92 feet along said
northwesterly line of McGrady Acres and the existing Town of Avon boundary to the northwest
corner of said McGrady Acres; thence, departing said northwesterly line of McGrady Acres and
said existing Town of Avon boundary, N25°38'00"E 100.00 feet to the point of beginning,
containing 11.49 acres, more or less.
521199.3 CAMALC 10/4!01 5A9 PM 2
EXHIBIT B
TO
ORDINANCE NUMBER 01-14, SERIES OF 2001
(Copy of Resolution Number 01-27, Series of 2001)
E
C
521179.3 CAMALC 10/4/01 5:48 PM B-1
RESOLUTION NO. 01-27
SERIES OF 2001 0
A RESOLUTION SETTING FORTH FINDINGS OF FACT AND _-CONCLUSIONS
REGARDING THE PUBLIC HEARING HELD ON THE ANNEXATION PETITION
FILED BY EMD LIMITED LIABILITY COMPANY AND TRAER CREEK LLC
CONCERNING A PORTION OF THE LAND KNOWN AS MCGRADY ACRES.
WHEREAS on August 9, 2001, Petitioners EMD Limited Liability Company and
Traer Creek LLC filed with the Town Clerk a Petition for Annexation (Exhibit A hereto)
concerning a portion of the land known as McGrady Acres and as particularly described in
such petition, which petition was referred to the Town Council; and
WHEREAS by Resolution No. 01-18 the Town Council scheduled a public hearing
on said petition in accordance with C.R.S. § 31-12-107, and
WHEREAS following public notice the Town Council held a hearing on said petition
on September 25, 2001;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. The Town Council hereby finds that the petition complies with the
provisions of C.R.S. § 31-12-107.
Section 2. The Town Council hereby finds that the petition meets the requirements of
C.R.S. §§ 31-12-104 and 31-12-105.
Section 3. The Town Council hereby finds that an election on the petition is not
required under C.R.S. § 31-12-107(2)
Section 4. The Town Council hereby finds that no additional terms and conditions
are to be imposed in connection with the petition.
Section 5. The Town Council concludes that the area proposed in the petition to be
annexed into the Town of Avon is eligible for annexation.
ADOPTED this 25th day of September, 2001.
TOWN OF AVON, COLORADO
J Yoder
A
ash, Town Clerk
APPROVED AS TO FORM:
Burt Levin, Town Attorney
11
11
PETITION FOR ANNEXATION
TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
The undersigned (collectively, "Petitioners'), in accordance with the Municipal
Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as
amended and as in effect on the submission date set forth below ("annexation Acf), hereby
petition (" etitio ') the Town Council of the Town of Avon, Colorado ('V unW"), to annex W
the Town of Avon ("To ffl'? the unincorporated territory located in the County of Eagle, State of
Colorado, which property is more particularly described in Exhibit A attached hereto and
incorporated herein by reference (" )?rope "). In support of this Petition, Petitioners allege that:
I . It is desirable and necessary that the Property be annexed to the Town.
2. The requirements of Sections -104 and -105 of the Annexation Act exist or have
been met.
3. Not less than one-sixth (1/6) of the perimeter of the Property is contiguous with
the Town's current municipal boundaries:
4. A community of interest exists between the Property and the Towa.
5. The Property is urban or will be urbanized in the near future.
6. The Property is integrated with or is capable of being integrated with the Town.
7. The Petitioners comprise more than fifty percent (50%) of the landowners in the
Property owning more than fifty percent (50%) of the Property, excluding public streets, and
alleys and any land owned by the annexing municipality, and the Petitioners hereby consent to
the establishment of the boundaries of the Property as shown on the annexation plat submitted
herewith.
g. The Property is not presently a part of any incorporated city, city and county, or
town; no proceedings have been commenced for incorporation or annexation of part or all of the
Property to any other municipality; no election for annexation of the Property or substantially the
same territory to the Town has been held within the twelve (12) months immediately preceding
the filing of this Petition.
9. The proposed annexation will not result in detachment of area from any school
district or attachment of same to another school district.
10. Except to the extent necessary to avoid dividing parcels within the Property held
in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit,
the proposed annexation will not extend the municipal boundary of the Town more than three (3)
miles in any direction from any point of the current municipal boundary.
11. The proposed annexation will not result in the denial of reasonable access to any
landowner, owner of an easement, or owner of a franchise adjoining a platted. street or alley
which has been annexed by the Town but is not bounded on both sides by the Town.
12. In establishing the boundaries of the Property, no land which is held in identical
ownership, whether consisti ng of a single tract or parcel of real estate or two or more contiguous
tracts or parcels of real estate:
(a) is being divided into separate parts or parcels without the written consent
of the landowner or landowners thereof unless such tracts or parcels are separated by a
dedicated street, road, or other public way; or
(b) comprising twenty (20) acres or more and together with buildings and
improvements situate thereon having a valuation for assessment in excess of $200,000.00
for ad valorem tax purposes for the year next preceding the proposed annexation, is
included in the Property without the written consent of the landowner or landowners.
v
E
v
51"0.2 W AYQ
13. If a portion of a platted street or alley is to be annexed, the entire width thereof is
included within the Property.
14. The legal description of the land owned by the Petitioners is set forth underneath
the name of each such Petitioner on Exhibit B. attached hereto and incorporated herein by this
reference.
15. - The affidavit of the circulator of this Petition certifying that each signature on this
Petition is the signature of the person whose name it purports to be and certifying the accuracy of
the date of such signature is attached hereto as Exhibit and is incorporated herein by this
reference.
16. This Petition is accompanied by four prints of an annexation map containing,
among other things, the following information:
(a) A written legal description of the boundaries of the Property;
(b) A map showing the boundary of the Property;
(c) Within the annexation boundary map, a showing of the location of each
ownership tract in unplatted land and, if part or all of the area is platted, the boundaries
and the plat numbers of plots or of lots and blocks; and
(d) Next to the boundary of the Property, a drawing of the contiguous
boundary of the annexing municipality abutting the Property.
17. In connection with the processing of this Petition, the Petitioners request that the
Town:
(a) Institute zoning and subdivision approval processes for the Property in
accordance with applicable provisions of the Municipal Code of the Town of Avon and in
accordance with Section -115 of the Annexation Act; and
(b) Approve and execute an annexation and development agreement
("Annexation and Development Agreement's which establishes vested property rights for
the Property for an agreed upon term of greater than three years, pursuant to Chapter
17.14 of the Municipal Code of the Town of Avon and Article 68, Title 24, Colorado
Revised Statutes, and which otherwise establishes the development plan for the Property.
18. Petitioners have filed this Petition subject to the following conditions:
(a) Concurrently with its approval of annexation of the Property, the Town
Council: (i) approves for those portions of the Property which are not public
right-of-way zoning and subdivision which is substantially consistent with the
applications for zoning and subdivision which Petitioners Traer Creek LLC and EMD
Limited Liability Company submit in connection with this Petition; and (ii) approves and
authorizes execution of the Annexation and Development Agreement.
(b) Petitioner Traer Creek LLC shall have the right, with or without the
consent or agreement of any other landowner within the Property, to withdraw this
Petition by so notifying the Town Clerk in writing prior to the fortieth (40th) day after the
latest effective date of the final ordinances or resolutions approving annexation of the
Property, the Annexation and Development Agreement, or zoning or subdivision of the
Property; provided, however, that such withdrawal right may be exercised only if a third
party commences a formal challenge to any of the approvals within such period.
(c) Prior to expiration of the period described in the foregoing
subparagraph (b) without Petitioner Traer Creek LLC having withdrawn the Petition,
neither Petitioners nor the City shall cause or permit the occurrence of the conditions to
effectiveness of the annexation as set forth in Section -I 13(2)(b) of the Annexation Act.
19. Upon the annexation of the Property becoming effective, and subject to the
conditions set forth in this Petition and to be set forth in the Annexation and Development
Agreement, the Property shall become subject to all ordinances, resolutions, rules and
31 WS.2 h&AYQ
regulations of the Town, except as otherwise set forth in the Annexation and Development
Agreement, and except for general property taxes of the Town which shall become effective on
January 1 of the next succeeding year following adoption of the annexation ordinance.
20. Except for the terms and conditions of this Petition and of the Annexation and
Development Agreement, which terms and conditions Petitioners expressly approve and
therefore do not constitute an imposition of additional terms and conditions within the meaning
of Section"--107(1)(g) of the Annexation Act, Petitionersrequest that-no additional terms and
conditions be imposed upon annexation of the Property to the Town.
THEREFORE, Petitioners request that the Town Council of the Town of Avon,
Colorado, complete and approve the annexation of the Property pursuant to the provisions of the
Municipal Annexation Act of 1965, as amended.
Respectfully submitted this X Ad day of 0?9,a rtt_s7- 12001.
?ia?atureso f Landowners?Petitionets:
EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company
By:LAVA CORPORATION, a Colorado
corporation, its Manager
B .- N M. Lindholm
Title: P ident
Date of Signature: ssk4
Mailing Addcew:
P.O. Box 640
Vail, CO 81658
Attn: William J. Post, Esq.
Resident of the Property? NO
TRAER CREEK LLC, a Colorado limited
liability company
By:
Nam : Magnus dholm
Title: Manager
Date of Signature:
Mailing Address:
P.O. Box 640
Vail, CO 81658
Attn: William J. Post, Esq.
Resident of the Property? NO
6
513M.2 MLAYO
EXHIBIT A
TO PETITION FOR ANNEXATION
Legal Description of the Property
Those parts of the Denver and Rio Grande Western Railroad right-of-way and those parts of U.S.
Highway 6 and 24 right-of-way, both lying in the S 1/2 Section 7Township 5 South, Range 81------- --
West of the Sixth Principal Meridian, Eagle County, Colorado; together with those parts of
McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533 in the
office of the Eagle County, Colorado, Clerk and Recorder; together with the 60 foot wide public
right-of-way shown on (Corrected) Final Plat - Condominium Map SUN RIVER
CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office
of said Clerk and Recorder, all being described as a whole as follows:
Beginning at a point on the existing Town of Avon boundary and the northerly right-of-way line
of the Denver and Rio Grande Western Railroad, whence the northwest comer of said McGrady
Acres bears S25°38'00"W 100.00 feet; thence the following four courses along said common
line: (1) S64°22'00'E 376.11 feet; (2) 28.04 feet along the arc of a curve to the left, having a
radius of 1860.00 feet, a central angle of 00°51'50", and a chord that bears S64°47'55"E 28.04
feet; (3) S00° 12'23"E 22.04 feet; (4) 548.06 feet along the arc of a curve to the left, having a
radius of 1880.00 feet, a central angle of 16°42'10", and a chord that bears S73°51'55"E 546.11
feet; thence, departing said common line, S07°47'00"W 60.00 feet to a point on the southerly
right-of-way line of said Denver and Rio Grande Western Railroad and the northerly right-of-
way line of Nottingham Ranch Road as shown on said final plat of McGrady Acres; thence the
following two courses along said common line: (1) S82013'00"E 1136.53 feet; (2) 42.66 feet
along the arc of a curve to the right, having a radius of 5699.70 feet, a central angle of
00°25'44", and a chord that bears S82°00'09"E 42.66 feet; thence, departing said common line
and continuing the following nine courses along the easterly, southerly and southeasterly right-
of-way lines of said Nottingham Ranch Road: (1) 209.28 feet along the arc of a curve to the
right, having a radius of 120.00 feet, a central angle of 99°55'26", and a chord that bears
S57°49'17"W 183.75 feet; (2) N72°13'00"W 277.44 feet; (3) N82013100"W 1056.24 feet; (4)
167.20 feet along the arc of a curve to the left, having a radius of 265.00 feet, a central angle of
36°09'00", and a chord that bears S79°42'30"W 164.44 feet; (5) S61°38'00"W 113.82 feet; (6)
159.29 feet along the arc of a curve to the right, having a radius of 557.63 feet, a central angle of
16°22'00", and a chord that bears S69°49'00"W 158.75 feet; (7) S78°00'01"W 93.40 feet; (8)
149.40 feet along the arc of a curve to the left, having a radius of 500.00 feet, a central angle of
17°07'12", and a chord that bears S69°26'25"W 148.85 feet; (9) S60°52'49"W 101.94 feet to the
southwesterly line of said McGrady Acres and the northeasterly line of said Sun River
Condominiums; thence, along said common line, S47°59'03"E 0.24 feet; thence, departing said
common line, S60°53'00"W 78.88 feet, along the easterly line of the 60 foot wide public right-
of-way shown on said (Corrected) Final Plat - Condominium Map SUN RIVER
CONDOMINIUMS, to the southwesterly line of said Sun River Condominiums and the
northeasterly right-of-way line of said U.S. Highway 6 and 24; thence, along said common line,
264.30 feet along the arc of a curve to the left, having a radius of 1830.00 feet, a central angle of
08°16'30", and a chord that bears S70°43'32"E 264.07 feet; thence, departing said common line,
S 15°08' 13"W 130.00 feet to the southwesterly right-of-way line of said U.S. Highway 6 and 24;
thence the following two courses along said southwesterly right-of-way line: (1) 400.12 feet
along the arc of a curve to the right, having a radius of 1960.00 feet, a central angle of
11°41'47", and a chord that bears N69°00'54"W 399.42 feet; (2) N63°10'00"W 100.72 feet;
thence, departing said southwesterly right-of-way line, N26°50'00"E 123.00 feet to the
southwesterly line of said Sun River Condominiums and the northeasterly right-of-way line of
U.S. Highway 6 and 24; thence, along said common line, the following three courses: (1)
S79°52'00"E 24.35 feet; (2) S63°10'00"E 77.40 feet; (3) 34.82 feet along the arc of a curve to
the left, having a radius of 1830.00 feet, a central angle of 01 °05'25", and a chord that bears
S63°42'43"E 34.82 feet; thence, departing said common line, N60°53'00"E 102.46 feet, along
the westerly line of the 60 foot wide public right-of-way as shown on said (Corrected) Final Plat
- Condominium Map SUN RIVER CONDOMINIUMS, to the northeasterly line of said Sun
River Condominiums and the southwesterly line of said McGrady Acres; thence, along said
common line the following two courses: (1) N47°59'03"W 198.62 feet; (2) N37°40'59"W
102.73 feet to the most westerly corner of said McGrady Acres and the existing Town of Avon
boundary; thence, departing said common line, N45°53'00"E 125.14 feet along the
312M.2 KAM A-1
northwesterly line of McGrady Acres and the existing Town of Avon Boundary; thence,
departing the existing Town of Avon boundary, S40°32'42"E 318.00 feet along the
southwesterly line of Lot 6, said McGrady Acres to the southeasterly line of said Lot 6 and the
northwesterly right-of-way line of said Nottingham Ranch Road; thence, along said common
line, the following four courses: (1) N60°52'49"E 18.00 feet; (2) 170.31 feet along the arc of a
curve to the right, having a radius of 570.00 feet, a central angle of 17°07' 12", and a chord that
bears N69°26'25"E 169.69 feet; (3)N78°00'01"E 93.40 feet; (4) 19.13 feet along the arc of a
curve to the left, having a radiusof 487.63 feet, a central angle of- 02°14'51", and a chord that
bears N76°52'36"E 19.13 feet to the most easterly comer of said Lot 6; thence, departing said
common line, N57°59'05"W 462.86 feet, along northeasterly line of said Lot 6, to the
northwesterly line of said McGrady Acres and the existing Town of Avon boundary; thence,
departing said northeasterly line, N45°53'00"E 240.92 feet along said northwesterly line of
McGrady Acres and the existing Town of Avon boundary to the northwest corner of said
McGrady Acres; thence, departing said northwesterly line of McGrady Acres and said existing
Town of Avon boundary, N25°38'00"E 100.00 feet to the point of beginning, containing 11.49
acres, more or less.
F-" I
6?A
6
512M.2 I "WR A-2
EXHIBIT B
TO PETITION FOR ANNEXATION
Legal Description of Property Owned
by Each Petitioner
Name of Landowner/Petitioner: EMD LIMITED LIABILITY COMPANY, a Colorado
limited liability company
Lot 2, McGrady Acres, according to the final plat thereof recorded in Book 558 at
Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder.
Name of Landowner/Petitioner: TRAER CREEK LLC, a Colorado limited liability
company
Lots 3, 4 and 5 McGrady Acres, according to the final plat thereof recorded in
Book 558 at Page 533, in the office of the Eagle County, Colorado, Clerk and
Recorder.
M
slums WAVU B-1
EXHIB
TQ PETITION FOR ANNEXATION
Affidavit of Circulator
The undersigned, being of lawful age, who being first duly sworn upon oath
deposes and says:
That he was the circulator of the foregoing Petition for Annexation of lands to the
Town of Avon, consisting of I_ pages including this page, and that the signatures of the
Peitioners thereon were witnessed by the circulator and are the true and original signatures of the
persons whose names they purport to be, and that the dates of such signatures are correct.
Circulator
STATE OF COW RIM_ )
)85.
COUNTY OF ENjA*- )
The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me
this lip day of 2001, by WwW fnn J %VT
Witness my hand and official seal.
My commission expires: 12A- 2?
$IyWl NAM
CERTIFICATE OF PUBLICATION
0 I, Kris Nash, Town Clerk for the Town of Avon, Colorado, hereby certify that a
true and full copy of the Town of Avon Ordinance Number 01-14, Series of 2001 was published-
in the , a newspaper of general circulation in the Town of Avon,
Colorado, on , 2001. A copy of the published text is attached hereto.
Date:
Kris Nash
Town Clerk
•
521179.3 CAMALC 1014101 5:48 PM
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 23rd DAY OF OCTOBER
2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 01-15, SERIES OF 2001:
An Ordinance Approving an Agreement Concerning the Terms of Annexation, Development and
Subdivision of the Lands Described in the McGrady Acres Petition for Annexation; Authorizing and
Instructing the Mayor of the Town of Avon to Sign the Agreement on Behalf of the Town; and
Approving a Site Specific Development Plan Establishing a Vested Property Right Pursuant to
Article 68 of Title 24, C.R.S., as Amended
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this l 0th day of October, 2001.
TO" OF AVON, COLORADO
BY:
bwn Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
OCTOBER 10, 2001:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
ALPINE BANK
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
11
TOWN OF AVON
ORDINANCE NO. 01-15
SERIES OF 2001
AN ORDINANCE APPROVING AN AGREEMENT CONCERNING THE TERMS OF
ANNEXATION, DEVELOPMENT AND SUBDIVISION OF THE LANDS DESCRIBED IN
THE MCGRADY ACRES PETITION FOR ANNEXATION; AUTHORIZING AND
INSTRUCTING THE MAYOR OF THE TOWN OF AVON TO SIGN THE AGREEMENT
ON BEHALF OF THE TOWN; AND APPROVING A SITE SPECIFIC DEVELOPMENT
PLAN ESTABLISHING A VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68
OF TITLE 24, C.R.S., AS AMENDED.
WHEREAS, EMD LIMITED LIABILITY COMPANY and TRAER CREEK
LLC ("Owners") filed a petition for annexation ("Petition") with the Clerk of the Town of Avon
("Town") on August 2, 2001, requesting annexation to the Town of certain real property
described in Exhibit A of the Petition (the "Property"); and
WHEREAS, pursuant to the terms of the Petition, the execution of an annexation
and development agreement which establishes statutory vested property rights for the Property is
an express condition of annexation; and
WHEREAS, the TRAER CREEK METROPOLITAN DISTRICT ("TCMD") will
perform certain public improvement obligations required in connection with annexation,
development and subdivision of the Property; and
WHEREAS, the Town, Owner and TCMD have negotiated the terms and
conditions of an agreement titled "Annexation, Development and Subdivision Improvement
Agreement", which agreement (the "Agreement") addresses the terms and conditions upon which
annexation, development and subdivision of the Property will occur, and the development rights
and responsibilities of the Town, TCMD and the Owner with respect thereto; and
WHEREAS, the Town gave proper and timely posted notice of the dates and
times of the meetings at which the Town Council considered the Agreement; and
WHEREAS, the proposed full text of this Ordinance was duly published by
posting in the office of the Town Clerk and in three (3) additional public places within the Town,
and said publication also set forth the date and time of the public hearing at which the Town
Council of the Town (the "Town Council"), considered the Agreement; and
WHEREAS, pursuant to Avon Municipal Code Section 17.14.100 and as more
specifically described in the Agreement, the Town Council has agreed in connection with
approval of the Agreement to designate the Agreement (including the "Development Plan" as
0
521177.3 CAMALC 10/1101 3:34 PM
defined in the Agreement) as a site specific development plan creating vested property rights to
develop the Property as set forth therein; and
WHEREAS, it is the intent of the Town Council that approval of the Agreement,
together with approval of the elements of the "Development Plan" (as defined in the Agreement),
will constitute approval of a site specific development plan establishing a vested property right
pursuant to Article 68 of Title 24, C.R.S., as amended; and
WHEREAS, approval of the Agreement is in the best interests of the public health,
safety and general welfare of the people of the Town; and
WHEREAS, the Town Council held public hearings at which it received evidence
and testimony concerning the Agreement, at the conclusion of which the Town Council considered
such evidence and testimony so introduced and by this Ordinance sets forth its findings of fact and
conclusions.
THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND
CONCLUSIONS:
1. The Agreement complies with all applicable laws and regulations of the
State of Colorado and the Town, including, without limitation, Article 68 of Title 24, C.R.S.
2. All notices required for the public hearings at which the Town Council
considered the Agreement were properly and timely published, posted or mailed in accordance with
all applicable laws and regulations of the State of Colorado and the Town.
3. All public hearings at which the Town Council considered the Agreement
were held and conducted in accordance with all applicable laws and regulations of the State of
Colorado and the Town.
4. The Town has authority to enter into the Agreement pursuant to
Sections 24-68-104(2) and 31-15-101, C.R.S., and pursuant to Section 17.14.100 of the Avon
Municipal Code.
5. The Town's approval of and entering into the Agreement is in the best
interests of the public health, safety and general welfare of the people of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO THAT:
Section 1. Approval of the Agreement, together with approval of the
"Development Plan" (as defined in the Agreement), is hereby designated as the
site specific development plan for the Property.
Section 2. The Agreement is hereby approved and the Town shall enter into the
Agreement and perform its obligations under the Agreement.
521177.3 CAMALC 10/1/01 326 PM 2
Section 3. The Mayor of the Town of Avon, is hereby authorized to sign the
Agreement on behalf of the Town.
Section 4. Approval of the Agreement together with approval of
"Development Plan" (as defined in the Agreement), hereby constitutes approval of
a site specific development plan establishing a vested property right pursuant to
Article 68 of Title 24, C.R.S., as amended.
Section 5. Within fourteen (14) days after passage on Second Reading of this
Ordinance, the Town Clerk be and is hereby authorized and directed to:
A. Publish the full text of this Ordinance in a newspaper of general
circulation within the Town of Avon (either the Vail Valley Times or the
Eagle Valley Enterprise, or both); and
B. Concurrently with the publication required in Section 5.A. above, publish
a notice that complies with the requirement of Section 24-68-103(1),
C.R.S. to advise the general public that approval of the Agreement
pursuant to this Ordinance, together with approval of the "Development
Plan" (as defined in the Agreement), constitutes approval of a site specific
development plan establishing a vested property right in accordance with
the terms and conditions of the Agreement and pursuant to Article 68 of
Title 24, C.R.S., as amended.
Section 6. The effective date of this Ordinance shall be seven (7) days after
publication of the notice described in Section 5.A. above.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED PUBLISHED
this g day of October , 2001 and a public hearing on this ordinance shall be held at the
regular meeting of the Town Council of the Town of Avon, Colorado, on the 2 -4 day of
oetebe=, 2001 at 5',, p.m. in the Avon Municipal Complex, 400 Benchmark Road, Avon,
Colorado.
TOWN OF AVON
By: '
J Yoder
ayor of the Town of Avon, Colorado
E
521177 3 CAMALC 10/1/01 326 PM 3
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
PUBLISHED this day of , 2001.
TOWN OF AVON
By:
Judy Yoder
Mayor of the Town of Avon, Colorado
Attest:
Kns Nash
Town Clerk
APPROVED AS TO FORM:
Burt Levin, Esq.
Town Attorney
C,
521177.3 CAMALC 10/1/01 326 PM 4
CERTIFICATE OF PUBLICATION
11
I, Kris Nash, Town Clerk of the Town of Avon, hereby certify that a true and full
copy of Ordinance Number 01-_ and the site specific development plan notice were published
in , a newspaper of general circulation in the Town of Avon, on
2001. A copy of the published text is attached hereto.
Date:
Kris Nash
Town Clerk
1?1
5211773 CAMALC 10/1/01 3,26 PM 5
•
ANNEXATION, DEVELOPMENT AND SUBDIVISION IMPROVEMENT AGREEMENT
FOR
MCGRADY ACRES ANNEXATION
BY AND BETWEEN
THE TOWN OF AVON
AND
EMD LIMITED LIABILITY COMPANY
TRAER CREEK LLC
AND
•
TRAER CREEK METROPOLITAN DISTRICT
, 2001
Approval of this plan constitutes a vested property right
pursuant to Article 68 of Title 24, C.R.S., as amended.
11
518060.6 MLAYER 10/4/01 5:30 PM
ANNEXATION, DEVELOPMENT AND
SUBDIVISION IMPROVEMENT AGREEMENT
THIS ANNEXATION, DEVELOPMENT AND SUBDIVISION
IMPROVEMENT AGREEMENT (this "Agreement") is made and entered into as of
2001 by and between EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company ("EMD"), TRAER CREEK LLC, a Colorado limited liability
company ("Traer"), TRAER CREEK METROPOLITAN DISTRICT ("TCMD"), and the
TOWN OF AVON, a municipal corporation of the State of Colorado (the "Town").
RECITALS
A. EMD and Traer are each limited liability companies, duly organized and
in good standing under the laws of the State of Colorado.
B. Owner (defined in Section 1.1(1) hereof) owns the Property (defined in
Section 1.1(n) hereof) and desires to obtain annexation and zoning of the Property in order to
develop the Property in a manner consistent with the uses and development criteria established
by the Town's Neighborhood Commercial Zone District and to facilitate construction by TCMD
of the Highway 6 Connector Road (defined in Section 1.1(h) hereof) and related public
improvements as required by and defined in the Village Annexation Agreement (defined in
Section 1.1(u) hereof).
C. Traer is the successor to certain of the entities which constituted the
"Owner" under the Village Annexation Agreement, and TCMD has assumed certain obligations
under the Village Annexation Agreement to finance and construct certain public improvements.
D. Owner has submitted to the Town the "Annexation Petition," the "Zoning
Application" and the "Subdivision Application" (as such terms are defined in Sections 1.1(a),
1.1(x) and 1.1(p) hereof). The Annexation Petition requests annexation of the Property and of
certain real property owned by the Town, and of certain existing public transportation
rights-of-way necessary for construction of the Highway 6 Connector Road and related public
improvements.
E. If the Annexation Property is annexed to the Town, the Town will have
the authority to zone the Property and approve the subdivision of the Property in accordance with
this Agreement and applicable Town requirements and policies. Furthermore, the Town will
have the authority to provide for the orderly development of the Project (defined in
Section 1.1(m) hereof) and the vesting of certain property development rights concerning the
Property.
F. Development of the Project is integral to the performance of certain public
improvement obligations as required by the Village Annexation Agreement, and will require
large investments in infrastructure improvements and public facilities (which may include offsite
improvements), including, without limitation, roads, drainage facilities, water lines, sewer lines,
and similar public improvements which will serve the needs of the Project, TCMD, and the
518060.6 MLAYER 16/4101 5:30 PM
Town. Completion of these improvements and facilities will require substantial investments by
® Owner and/or TCMD. Such investments can be supported only if there are assurances that the
development of the Project, once approved by the Town, will be allowed to proceed to ultimate
completion as contemplated by the Village Annexation Agreement and as provided in this
Agreement.
G. The Project may contribute substantially to the economic growth of the
Town and, consequently, may increase tax revenues to the Town. The Town desires to annex the
Annexation Property in order to provide for orderly growth in and around the Town. In
particular, the Town and Owner acknowledge that it is necessary and desirable that the Town
acquire jurisdiction over the Project in order to assure that the Highway 6 Connector Road and
related public improvements are constructed under the Town's regulatory authority in the
manner contemplated by the Village Annexation Agreement and by this Agreement.
H. The Vested Property Rights Statute (defined in Section 1.1(t) hereof)
authorizes the Town to enter into development agreements with landowners providing for
vesting of property development rights. Consistent with the Vested Property Rights Statute,
Chapter 17.14 of the Municipal Code authorizes the Town to enter into development agreements
with landowners providing for the vesting of property development rights.
1. Development of the Project in accordance with the terms and conditions of
this Agreement will further the Town's objectives in entering into the Village Annexation
Agreement, and will achieve the goals and purposes for which the Vested Property Rights
Statute and Chapter 17.14 of the Municipal Code (defined in Section 1.10)) were enacted. In
exchange for these benefits and the other benefits to the Town contemplated by this Agreement,
together with the public benefits served by the orderly development of the Project, Owner desires
to receive the assurance that it may proceed with development of the Project pursuant to the
terms and conditions contained in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the terms, conditions and covenants set
forth in this Agreement and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Owner and the Town agree as follows:
ARTICLE 1
Definitions and General Provisions
1.1 Definitions. The following terms and references shall have the meanings
indicated:
(a) Annexation Petition: The petition for annexation which Owner
filed with the Town on August 2, 2001.
(b) Annexation Property: The real property which is legally described
in Exhibit A of the Annexation Petition.
518060.6 MLAYER 1014/01 5.30 PM 3
(c) Development Parcels: Lots 2 and 3, as depicted in and to be
established by the Subdivision Application.
(d) Development Plan: Collectively, the Subdivision Application, the
Zoning Application, and this Agreement, together with the applicable portions of the
Village SIA and the Village Final Plat.
(e) Effective Date: The effective date of the Town Council ordinance
approving this Agreement.
(f) Exhibits: The following Exhibits to this Agreement, all of which
are incorporated by reference into and made a part of this Agreement:
Exhibit A - Legal Description of the Property
(g) Final Approval: The 40'h day following the effective date of the
latest of the ordinances or resolutions by which Town Council approves (a) this
Agreement, (b) the annexation of the Property to the Town, (c) the Zoning Application,
or (d) the Subdivision Application. Final Approval shall be deemed not to have occurred
if on or before such 40th day either (i) any legal proceeding challenging any of such
approvals is commenced, or (ii) any petition for a referendum seeking to reverse or
nullify any of such approvals is duly filed; unless in the case of either (i) or (ii) above,
Owner elects not to terminate this Agreement pursuant to Section 2.3, and such legal
proceedings or referenda are concluded or resolved affirming such approvals within a
period of time acceptable to Owner in its sole discretion.
(h) Highway 6 Connector Road: As generally described in the Village
Annexation Agreement, the road required by the Village Annexation Agreement to be
constructed to provide a connection between the Interstate 70 Interchange and
Highway 6.
(i) Interstate 70 Interchange: As generally described in the Village
Annexation Agreement, a full diamond interchange required by the Village Annexation
Agreement to be constructed on Interstate 70.
0) Municipal Code: The Town's Municipal Code, as in effect from
time to time.
(k) Municipal Services: All municipal services to be provided to the
Project, including, without limitation, police protection, snow removal and road
maintenance, building code enforcement, bus transportation services and other
administrative services equivalent to those provided to any other area of the Town.
(1) Owner: Collectively, EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company, and TRAER CREEK LLC, a Colorado limited
liability company, and their respective successors and assigns.
518W.6 MLAYER 1014/01 5:30 PM 4
(m) Project: Development of the Property and construction of the
® portion of the Highway 6 Connector Road and related public and private improvements
located within the area of the Annexation Property, pursuant to the Development Plan.
(n) Pro e : The real property located in unincorporated Eagle
County, Colorado, and more particularly described on Exhibit A attached to this
Agreement.
(o) Public Improvement Obligations: Collectively, the public
improvement obligations, including the provision of security to assure completion of such
public improvements, required pursuant to Section 16.24. 100 of the Municipal Code in
connection with approval of the Subdivision Application to be constructed within the area
of the Annexation Property, which public improvements and security therefore, together
with the approved design, engineering and technical criteria and standards, shall be as set
forth in the Village SIA, pursuant to the terms and conditions of this Agreement.
(p) Subdivision Application: Collectively, (i) the preliminary plan
which Town Council approved on September 25, 2001, pursuant to Resolution 01-26,
Series of 2001; and (ii) the final plat application submitted to the Town on [
2001, for review and final action contemporaneously with Town Council's final action on
the Annexation Petition, as such preliminary plan and final plat may subsequently be
amended.
(q) Town: The Town of Avon, a municipal corporation of the State of
Colorado.
(r) Town Council: The Town Council of the Town.
(s) Vested Property Rights: As defined in Section 3.4 and established
pursuant to the terms and conditions of this Agreement in accordance with the Vested
Property Rights Statute and Chapter 17.14 of the Municipal Code.
(t) Vested Property Rights Statute: Sections 24-68-101, et seq. of the
Colorado Revised Statutes, as amended.
(u) Village Annexation Agreement: That certain Annexation and
Development Agreement, dated as of October 13, 1998, and recorded in the Eagle
County, Colorado, real property records on November 25, 1998, at Reception
No. 677743, as amended of record.
(v) Village Final Plat: The Village (at Avon) Filing 1 final plat (the
application which is anticipated to be considered by Town Council after the effective date
of this Agreement) as approved by Town Council and placed of record.
(w) Village SIA: The subdivision improvements agreement to be
executed by Traer, TCMD, and the Town in connection with the Village Final Plat, as
approved by Town Council and placed of record (anticipated to occur after the effective
518060.6 MLAYER 10/4/01 530 PM
date of this Agreement), together with all construction and engineering drawings and
technical standards approved in connection therewith. 0
(x) Zoning Application: The Neighborhood Commercial Zone District
zoning application for the Development Parcels, submitted to the Town on August 2,
2001, and to be considered and acted upon by Town Council as Ordinance No. 01-08,
Series of 2001.
1.2 Covenants. The provisions of this Agreement shall constitute covenants
or servitudes which shall touch, attach to and run with the land comprising the Property, and the
burdens and benefits of this Agreement shall bind and inure to the benefit of all estates and
interests in the Property and all successors in interest to the parties to this Agreement, except as
otherwise provided in Section 1.4.
1.3 Term. In recognition of the importance of the development contemplated
under this Agreement in implementing and realizing the public benefits contemplated in the
Village Annexation Agreement which are dependent on development of the Project, the
substantial investment and time required to complete the development of the Project, and the
possible impact of economic cycles and varying market conditions during the course of
development, the term of the Vested Property Rights established under this Agreement shall
commence on the Effective Date and shall continue until the twentieth (20th) anniversary of the
Effective Date. After the expiration of the foregoing term, the Vested Property Rights
established by this Agreement shall be deemed terminated and of no further force or effect;
provided, however, that such termination shall not effect (a) the annexation of the Property to the
Town; (b) any additional common law or other form of vested rights obtained prior to such
termination, or (c) any right arising from Town permits, approvals or other entitlements for the
Property or the Project which were granted or approved prior to, concurrently with, or
subsequent to the approval of this Agreement, the Subdivision Application, or the Zoning
Application.
1.4 Amendment of Agreement. Except as otherwise set forth in this
Agreement, this Agreement may be amended or terminated only by mutual consent in writing of
the Town and Owner following the public notice and public hearing procedures required for
approval of this Agreement. For the purposes of any amendment to this Agreement, "Owner"
shall mean only the signatories to this Agreement constituting Owner and those parties, if any, to
whom such signatories have specifically granted, in writing, the power to enter into such
amendment.
1.5 Cooperation in Defending Legal Challenges. If any legal or equitable
action or other proceeding is commenced by a_ third party challenging the validity of any
provision of this Agreement, the zoning of the Property, and/or the subdivision of the Property,
Owner and the Town shall cooperate in defending such action or proceeding and to bear their
own expenses in connection therewith. Unless the Town and Owner otherwise agree, each party
shall select and pay its own legal counsel to represent it in connection with such action or
proceeding.
518060.6 MLAYFA 10/4/01 5:30 PM 6
ARTICLE 2
Annexation of the Property
2.1 Annexation. Annexation of the Property shall be in accordance with the
terms and conditions of this Agreement and the Colorado Municipal Annexation Act of 1965, as
amended (C.R.S. §§ 31-12-101, et seq.).
2.2 Conditions Precedent. Annexation of the Property to the Town shall not
be made effective pursuant to C.R.S. § 31-12-113(2)(b) until the following conditions have been
satisfied: (a) Owner, TCMD and the Town have mutually executed and delivered this
Agreement; and (b) Final Approval has occurred.
2.3 Failure of Conditions. Until all of the conditions set forth in Section 2.2
have been satisfied, Owner may withdraw the Annexation Petition. If Owner withdraws the
Annexation Petition, or if Final Approval does not occur, then the Property shall be deemed not
annexed to the Town, the Vested Property Rights described in this Agreement shall be deemed
not established, and all obligations of the Town, TCMD and Owner under this Agreement which
are to be performed after the annexation becomes effective shall be deemed void and of no force
or effect.
ARTICLE 3
Zoning and Vested Rights
3.1 Zoning. The Development Parcels shall be zoned Neighborhood
Commercial as provided in this Agreement and in the Zoning Application. Tracts A and B as
depicted in the Subdivision Application shall be zoned to accommodate their use as a public
right-of-way.
3.2 Subdivision and Subdivision Improvements Agreement. The Annexation
Property shall be platted as set forth in the Subdivision Application, subject to the following
provisions:
(a) Ownership of Lots. Upon completion of the subdivision process,
the Town will be the sole owner of Lot 1, Traer will be the sole owner of the
Development Parcels, and ownership of Tract A, Tract B, and other public rights-of-way
situate within the Property shall be as otherwise provided in Section 4.1 of this
Agreement. In connection with recordation of the final plat approved as part of the
Subdivision Application, the Town, Traer, EMD and TCMD shall, in addition to any
specific obligations otherwise established in this Agreement, execute, deliver and record
such documents and instruments as may be required to assure that fee simple absolute
title to Lot 1 is vested in the Town, and that fee simple absolute title to the Development
Parcels is vested in Traer. The parties contemplate that TCMD will own Tracts A and B
unless and until TCMD conveys either tract as contemplated in other provisions of this
Agreement.
(b) Security for performance of Public Improvement Obligations.
Execution, delivery and recordation of this Agreement shall satisfy the requirement of
Section 16.24.100 of the Municipal Code with respect to the provision of a subdivision
518060.6 WAYER 1014/01 5:30 PM 7
improvements agreement for the Annexation Property. The Public Improvement
Obligations shall be as set forth in the Village SIA; provided, however, that the obligation
to perform the Public Improvement Obligations shall not arise unless and until final,
non-appealable approval, mutual execution and delivery, and recordation in the Eagle
County, Colorado, real property records of the Village Final Plat and the Village SIA has
occurred. Unless and until final, non-appealable approval, mutual execution and
delivery, and recordation in the Eagle County, Colorado, real property records of the
Village SIA has occurred, the following restrictions shall apply:
(i) The Town shall have no obligation to issue any building
permit for development of the Development Parcels.
(ii) After completing the conveyances described in
subparagraph (a) of this Section 3.2, and except as otherwise provided in this
sub-subparagraph (ii), Traer shall be restricted from conveying the Development
Parcels to any third party, which restriction on conveyance shall be specifically
enforceable by the Town and is hereby made a covenant running with title to the
Development Parcels. Notwithstanding the foregoing, upon providing prior
written notice thereof to the Town, Traer may convey one or both lots constituting
the Development Parcels to an affiliate of Traer for tax planning or similar
purposes. For purposes hereof, "affiliate of Traer" shall mean any member of
Traer and any entity in which Traer or any member of Traer holds at least a 50%
interest. The notice of such conveyance shall be delivered to the Town at least
fifteen (15) days prior to the conveyance, and shall describe the relationship of the
affiliate to Traer in sufficient detail for the Town to confirm that the affiliate
meets the definition set forth herein. The Town may object to such conveyance
only on the basis that the proposed transferee is not an affiliate as defined herein.
If the Town provides written notice within the fifteen (15) day period that it
objects to the conveyance on that basis, Traer shall not effect the conveyance
unless and until the Town withdraws its objection or it is otherwise established
that the transferee meets the definition of affiliate set forth herein.
Upon recordation of the Village SIA, the Town shall execute and deliver to Traer for
recordation a memorandum sufficient to provide record notice that the restriction on
conveyance described in the foregoing sub-subparagraph (ii) is released and of no further
force or effect.
3.3 Vestin of f Property Rights. This Agreement, the Zoning Application, and
the Subdivision Application, collectively, constitute an approved "site-specific development
plan" as defined in the Vested Property Rights Statuteand Section 17.14,100 ofthe Municipal
Code. The owners of the Property shall have Vested Property Rights to undertake and complete
development and use of the Property and the Project as provided in the Development Plan.
Pursuant to Section 17.14.050 of the Municipal Code:
Approval of this plan constitutes a vested property right
pursuant to Article 68 of Title 24, C.R.S., as amended.
518060.6 MLAYER 10/4/01530PM 8
3.4 Property Rights Vested. The rights identified below shall constitute the
Vested Property Rights under this Agreement:
(a) The right to develop, plan and engage in land uses within the
Property and the Project in the manner and to the extent set forth in and pursuant to the
Development Plan.
(b) The right to develop, plan and engage in land uses within the
Property and the Project in accordance with the densities, physical development standards
and other physical parameters set forth in the Development Plan.
(c) The right to develop the Project in the order, at the rate and at the
time as market conditions dictate, subject to the terms and conditions of the Development
Plan.
(d) The right to develop and complete the development of the Project
(including, without limitation, the right to receive all Town approvals necessary for the
development of the Project) with conditions, standards and dedications which are no
more onerous than those imposed by the Town upon other developers in the Town on a
uniform, non-discriminatory and consistent basis, and subject only to the exactions and
requirements set forth in the Development Plan; provided that such conditions, standards
and dedications shall not directly or indirectly have the effect of materially and adversely
altering, impairing, preventing, diminishing, imposing a moratorium on development,
delaying or otherwise adversely affecting any of the Owner's rights set forth in the
Development Plan.
(e) The Town shall not initiate any zoning, land use or other legal or
administrative action that would directly or indirectly have the effect of materially and
adversely altering, impairing, preventing, diminishing, imposing a moratorium on
development, delaying or otherwise adversely affecting any of the Owner's rights set
forth in the Development Plan.
3.5 No Obligation to Develop. Except as the Village Annexation Agreement
provides otherwise, Owner shall have no obligation to develop all or any portion of the Project
and shall have no liability to the Town or any other party for its failure to develop all or any part
of the Project.
3.6 Compliance with General Regulations. Except as otherwise provided in
this Agreement, the establishment of Vested Property Rights under this Agreement shall not
preclude the application on a uniform and non-discriminatory basis of Town regulations of
general applicability (including, but not limited to, building, fire, plumbing, electrical and
mechanical codes, the Municipal Code, and other Town rules and regulations) or the application
of state or federal regulations, as all of such regulations exist on the date of this Agreement or
may be enacted or amended after the date of this Agreement; provided, however, that such newly
enacted or amended Town regulations shall not directly or indirectly have the effect of materially
and adversely altering, impairing, preventing, diminishing, imposing a moratorium on
518060.6 MLAYER 10/4/01 5:30 PM 9
development, delaying or otherwise adversely affecting any of Owner's Vested Property Rights.
Owner does not waive its right to oppose the enactment or amendment of any such regulations.
ARTICLE 4
Highway 6 Connector Road and Related Public Improvements
4.1 Access; Roads. Access, ingress and egress to, from and within the Project
by public street shall be as generally depicted in the Subdivision Application and more
particularly described in the Village Final Plat and the Village SIA. Nothing set forth herein
shall prohibit or limit Owner's right to construct or maintain private roads and drives on any
portion of Owner's property. TCMD shall construct the public roads within the Project in
accordance with applicable Town standards as set forth in the Village Final Plat and the
Village SIA. The establishment of rights-of-way for and construction of public streets within the
Project shall be as set forth below.
(a) Highway 6 Connector Road. The alignment of the Highway 6
Connector Road and the configuration of the intersections of the Highway 6 Connector
Road with the other public rights-of-way within the Project shall be as set forth in the
Village Final Plat and the Village SIA. As more particularly set forth in the Village
Annexation Agreement, and pursuant to the terms and conditions thereof, TCMD shall
own the Highway 6 Connector Road right-of-way and shall construct and own the
improvements within the Highway 6 Connector Road right-of-way. In order to facilitate
construction of the Highway 6 Connector Road, TCMD shall endeavor to assemble the
requisite right-of-way by a combination of one or more of the following means:
(i) acquisition from the County of Eagle of those portions of the Property consisting of
existing dedicated public rights-of-way situate within the proposed Highway 6 Connector
Road alignment, (ii) conveyance from Owner of Tract A as depicted in the Subdivision
Application, and (iii) acquisition from the owner thereof, whether by condemnation or
conveyance in lieu thereof, of any additional property situate within the proposed
Highway 6 Connector Road right-of-way. During the period of TCMD's ownership of
the Highway 6 Connector Road right-of-way and improvements, pursuant to the terms
and conditions of the Village Annexation Agreement, the Town shall maintain the
Highway 6 Connector Road and the Town shall calculate and TCMD shall reimburse the
Town for such services in the same manner as provided in the Village Annexation
Agreement for roads located within the Village (at Avon).
(b) Nottingham Ranch Road. In order to facilitate construction of the
Highway 6 Connector Road, TCMD shall endeavor to acquire from the County of Eagle
the existing right-of-way for Nottingham Ranch Road as dedicated by previously
approved subdivision plats. Upon acquiring the requisite rights-of-way as provide herein,
TCMD shall realign Nottingham Ranch Road as generally depicted in the Subdivision
Application and, with respect to the intersection with the Highway 6 Connector Road, as
more particularly set forth the Village Final Plat and the Village SIA. Those portions of
the existing Nottingham Ranch Road right-of-way which are within the proposed
Highway 6 Connector Road right-of-way shall be subject to the provisions of
subparagraph (a) above. Upon completion of the Highway 6 Connector Road and related
re-alignment of Nottingham Ranch Road as provided for herein, TCMD shall convey to
518060.6 MLAYER 10/4/01 5:30 PM 10
the Town by quit claim deed, or otherwise dedicate to the Town, those portions of the
existing Nottingham Ranch Road right-of-way which are not within the proposed
Highway 6 Connector Road right-of-way, and which continue to be utilized as public
right-of-way for the realigned Nottingham Ranch Road. From and after such conveyance
or dedication, the Town shall own and maintain all improvements within the Nottingham
Ranch Road right-of-way as realigned. Notwithstanding the foregoing, however, TCMD
shall retain Tract B, and reserves the right to convey Tract B to an adjacent property
owner if, in the sole and absolute determination of TCMD's board of directors, such
conveyance will facilitate acquisition of the requisite public rights-of-way or is otherwise
in the public interest. In connection with any such conveyance and upon receipt of a
request from TCMD, the Town Council shall consider and promptly take final action on
an ordinance disconnecting Tract B in accordance with Section 31-12-501 C.R.S., as
amended.
(c) Eagle Bend Drive. In order to facilitate construction of the
Highway 6 Connector Road and related public improvements, TCMD shall endeavor to
acquire from the County of Eagle the existing right-of-way for the portion of Eagle Bend
Drive situate within the Property as dedicated by previously approved subdivision plats.
Upon acquiring the requisite rights-of-way as provide herein and completing construction
of the bridge to be constructed over the Eagle River as provided in the Village SIA,
TCMD shall realign and otherwise re-configure Eagle Bend Drive as depicted in the
Subdivision Application and, as applicable, in the Village Final Plat, and the Village SIA.
Those portions of the existing Eagle Bend Drive right-of-way which are within the
proposed Highway 6 Connector Road right-of-way shall be subject to the provisions of
subparagraph (a) above. Upon completion of the Highway 6 Connector Road and related
realignment and reconfiguration of Eagle Bend Drive, as generally provided herein,
TCMD shall convey to the Town by quit claim deed or otherwise dedicate to the Town
those portions of the existing Eagle Bend Drive right-of-way which are not within the
proposed Highway 6 Connector Road and which continue to be utilized as public
right-of-way for the realigned Eagle Bend Drive. From and after such conveyance or
dedication, the Town shall thereafter own and maintain all improvements within the
Eagle Bend Drive right-of-way as realigned and reconfigured. With respect to the
portion of current Eagle Bend Drive right-of-way which is neither conveyed or dedicated
to the Town, as required above, nor situate within the proposed Highway 6 Connector
Road right-of-way, following completion of the realignment and reconfiguration of Eagle
Bend Drive, (i) TCMD shall convey to Traer any such portion which is situate within the
Development Parcels, and (ii) TCMD shall convey to the Town any such portion which is
situate within Lot 1, as depicted in the Subdivision Application.
4.2 Municipal Services. Except as this Agreement expressly provides
otherwise, the Town shall provide all Municipal Services to the Property on a uniform and
non-discriminatory basis, upon the same terms and conditions as such services are provided to
other areas within the Town.
LJ
518060.6 WAVER 10/4/01530PM 11
ARTICLE 5
Default; Remedies; Termination
5.1 Default by Town. A "breach" or "default" by the Town under this
Agreement shall be defined as: (a) any zoning, land use or other action or inaction, direct,
indirect or pursuant to an initiated measure, taken without Owner's consent, that alters, impairs,
prevents, diminishes, imposes a moratorium on development, delays or otherwise materially and
adversely affects any development, use or other rights of Owner under the Development
Agreement; or (b) the Town's failure to fulfill or perform any material obligation of the Town
contained in this Agreement.
5.2 Default by Owner or by TCMD. A "breach" or "default" by Owner or by
TCMD shall be defined as a failure to fulfill or perform any material obligation of that party
contained in this Agreement.
5.3 Notices of Default. If any party defaults under this Agreement, the
non-defaulting party or parties shall deliver written notice to the defaulting party or parties of
such default, at the address specified in Section 6.8, and the defaulting party or parties shall have
30 days from and after receipt of such notice to cure such default. If such default is not of a type
which can be cured within such 30-day period and the defaulting party or parties gives written
notice to the non-defaulting party or parties within such 30-day period that it is actively and
diligently pursuing such cure, the defaulting party or parties shall have a reasonable period of
time given the nature of the default following the end of such 30-day period to cure such default,
provided that such defaulting party is at all times within such additional time period actively and
diligently pursuing such cure.
5.4 Remedies.
(a) If any default under this Agreement is not cured as described
above, the non-defaulting party or parties shall have the right to enforce the defaulting
party's obligations hereunder by an action for any equitable remedy, including injunction
and/or specific performance, and/or an action to recover damages. Each remedy provided
for in this Agreement is cumulative and is in addition to every other remedy provided for
in this Agreement or otherwise existing at law, in equity or by statute.
(b) The Town acknowledges that since this Agreement constitutes a
development agreement which confers Vested Property Rights for a period exceeding
three years, if the Town breaches or defaults hereunder, in addition to any of the
foregoing remedies, Owner shall be entitled to:
(i) recover from the Town any damages that would have been
specifically available to Owner as contemplated in Colorado Revised Statutes
Section 24-68-105(1)(c) as in effect on the Effective Date, plus any other and
additional damages provable at law; and
(ii) cause the Property, or any portion thereof designated by
Owner, to be disconnected from the Town.
0
518060.6 MLAYER 10/4101 5:30 PM 12
ARTICLE 6
Miscellaneous
6.1 Applicable Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of Colorado.
6.2 No Joint Venture or Partnership. No form of joint venture or partnership
exists between the Town, TCMD and/or Owner, and nothing contained in this Agreement shall
be construed as making the Town, TCMD and/or Owner joint venturers or partners.
6.3 Expenses. Except as otherwise provided in this Agreement, Owner and
the Town shall each bear their respective costs and expenses associated with entering into,
implementing and enforcing the terms of this Agreement.
6.4 Waiver. No waiver of one or more of the terms of this Agreement shall
constitute a waiver of other terms. No waiver of any provision of this Agreement in any instance
shall constitute a waiver of such provision in other instances.
6.5 Town Findings. Town hereby finds and determines that execution of this
Agreement is in the best interests of the public health, safety, and general welfare and the
provisions of this Agreement are consistent with the Town's comprehensive plan, development
regulations and policies.
6.6 Severability. If any term, provision, covenant or condition of this
Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the
remaining provisions of this Agreement shall continue in full force and effect so long as
enforcement of the remaining provisions would not be inequitable to the party against whom
they are being enforced under the facts and circumstances then pertaining.
6.7 Further Assurances. Each party shall execute and deliver to the other all
such other further instruments and documents as may be reasonably necessary to carry out this
Agreement in order to provide and secure to the other party the full and complete enjoyment of
its rights and privileges under this Agreement.
6.8 Notices. Any notice or communication required under this Agreement
between the Town and Owner must be in writing, and may be given either personally or by
registered or certified mail, return receipt requested. If given by registered or certified mail, the
same shall be deemed to have been given and received on the first to occur of (i) actual receipt
by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five
days after a registered or certified letter containing such notice, properly addressed, with postage
prepaid, is deposited in the United States mail. If personally delivered, a notice shall be deemed
to have been given when delivered to the party to whom it is addressed. Any party hereto may at
any time, by giving written notice to the other party hereto as provided in this Section, designate
additional persons to whom notices or communications shall be given, and designate any other
address in substitution of the address to which such notice or communication shall be given.
Such notices or communications shall be given to the parties at their addresses set forth below:
E
5180W.6 MLAYER 1014/01 5:30 PM 13
If to Town:
Town of Avon
P.O. Box 975
400 Benchmark Road
Avon, Colorado 81620
Attention: Town Manager
With a required copy to:
Town of Avon
P.O. Box 975
400 Benchmark Road
Avon, Colorado 81620
Attention: Town Attorney
If to Owner, by mail delivery:
Traer Creek LLC
P.O. Box 640
Vail, Colorado 81658
Attention: William J. Post, Esq.
EMD Limited Liability Company
P.O. Box 640
Vail, Colorado 81658
Attention: William J. Post, Esq.
Or, for delivery other than by mail,
Traer Creek LLC
0322 East Beaver Creek Blvd.
Avon, Colorado 81620
Attention: William J. Post, Esq.
EMD Limited Liability Company
0322 East Beaver Creek Blvd.
Avon, Colorado 81620
Attention: William J. Post, Esq.
With a required copy to:
Otten, Johnson, Robinson, Neff & Ragonetti, P.C.
950 17'' Street, Suite 1600
Denver, Colorado 80202
Attention: Munsey L. Ayers, Esq.
C
518060.6 MLAYER 10/4/01 530 PM 14
If to TCMD by mail delivery
Traer Creek Metropolitan District
P.O. Box 640
Vail, Colorado 81658
Attention: President
Or, for delivery other than by mail
Traer Creek Metropolitan District
0322 East Beaver Creek Blvd.
Avon, Colorado 81620
Attention: President
With a required copy to:
Traer Creek Metropolitan District
c/o McGeady & Sisneros, P.C.
1675 Broadway
Suite 2100
Denver, Colorado 80202
Attention: Darlene Sisneros, Esq.
6.9 Assignment. This Agreement shall be binding upon and, except as
otherwise provided in this Agreement, shall inure to the benefit of the successors in interest or
the legal representatives of the parties hereto. Owner shall have the right to assign or transfer all
or any portion of its interests, rights or obligations under this Agreement to third parties
acquiring an interest or estate in the Property, including, but not limited to, purchasers or long
term ground lessees of individual lots, parcels, or of any improvements now or hereafter located
within the Property, provided that to the extent Owner assigns any of its obligations under this
Agreement, the assignee of such obligations shall expressly assume such obligations. The
express assumption of any of Owner's obligations under this Agreement by its assignee or
transferee shall thereby relieve Owner of any further obligations under this Agreement with
respect to the matter so assumed.
6.10 Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed to be an original and all of which taken together shall constitute
one and the same agreement.
6.11 Recitals. The recitals hereof are hereby incorporated herein by this
reference and made substantive provisions of this Agreement.
E
518060.6 MLAYER 10/4/01 5:30 PM 15
IN WITNESS WHEREOF, Owner and the Town have executed this Agreement
as of the date first written above.
OWNER:
TRAER CREEK LLC, a Colorado limited liability
company
By:
Name: Magnus Lindholm
Title: Manager
EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company
By: LAVA CORPORATION, a Colorado
corporation, Manager
By:
Name: Magnus Lindholm
Title: President
TCMD:
TRAER CREEK METROPOLITAN DISTRICT, a
quasi-municipal corporation and political
subdivision of the State of Colorado
By: _
Name:
Title:
ATTEST:
William J. Post
President
I
By:
Name:
Title: Secretary
518060.6 MLAYER 10/4101 5:30 PM 16
THE TOWN:
TOWN OF AVON, a municipal corporation of the
State of Colorado
Name:
Title: Mayor
Approved as to legal form by:
Name:
Title: Town Attorney
STATE OF COLORADO
COUNTY OF
ss:
The foregoing instrument was acknowledged before me this day of
, 2001, by Magnus Lindholm, as Manager of Traer Creek LLC, a Colorado
limited liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
11
518060.6 MLAYER 1014/01 5:30 PM 17
STATE OF COLORADO )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2001, by Magnus Lindholm, as President of LAVA Corporation, a Colorado
corporation, as Manager of EMD Limited Liability Company, a Colorado limited liability
company.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO
COUNTY OF
•
ss:
The foregoing instrument was acknowledged before me this day of
, 2001, by William J. Post, as President of Traer Creek Metropolitan District, a
quasi-municipal corporation and political subdivision of the State of Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
E
518060.6 MLAYER 1014/01 5:30 PM 1
t
STATE OF COLORADO )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2001, by , as Mayor of the Town
of Avon, a municipal corporation of the State of Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
1?1
C.
518060.6 WAVER 10/4/01 5:30 PM 19
EXHIBIT A
Legal Description of the Property
Lots 2, 3, 4 and 5 McGrady Acres, according to the final plat thereof recorded in Book 558 at
Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder.
C
C
518060.6 MLAYER 10/4/01 5:30 PM A-1
ANNEXATION, DEVELOPMENT AND SUBDIVISION IMPROVEMENT AGREEMENT
FOR
MCGRADY ACRES ANNEXATION
BY AND BETWEEN
THE TOWN OF AVON
AND
EMD LIMITED LIABILITY COMPANY
TRAER CREEK LLC
AND
TRAER CREEK METROPOLITAN DISTRICT
, 2001
Approval of this plan constitutes a vested property right
pursuant to Article 68 of Title 24, C.R.S., as amended.
518060.7 MLAYER 10/23/01 11:14 AM
ANNEXATION, DEVELOPMENT AND
SUBDIVISION IMPROVEMENT AGREEMENT
THIS ANNEXATION, DEVELOPMENT AND SUBDIVISION
IMPROVEMENT AGREEMENT (this "Agreement") is made and entered into as of
, 2001 by and between EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company ("EMD"), TRAER CREEK LLC, a Colorado limited liability
company ("Traer"), TRAER CREEK METROPOLITAN DISTRICT ("TCMD"), and the
TOWN OF AVON, a municipal corporation of the State of Colorado (the "Town").
RECITALS
A. EMD and Traer are each limited liability companies, duly organized and
in good standing under the laws of the State of Colorado.
B. Owner (defined in Section 1.1(1) hereof) owns the Property (defined in
Section 1.1(n) hereof) and desires to obtain annexation and zoning of the Property in order to
develop the Property in a manner consistent with the uses and development criteria established
by the approved Zoning Application (defined in Section 1.1(x)) and to facilitate construction by
TCMD of the Highway 6 Connector Road (defined in Section 1.1(h) hereof) and related public
improvements as required by and defined in the Village Annexation Agreement (defined in
Section 1.1(u) hereof).
C. Traer is the successor to certain of the entities which constituted the
"Owner" under the Village Annexation Agreement, and TCMD has assumed certain obligations
under the Village Annexation Agreement to finance and construct certain public improvements.
D. Owner has submitted to the Town the "Annexation Petition," the "Zoning
Application" and the "Subdivision Application" (as such terms are defined in Sections 1.1(a),
1.1(x) and 1.1(p) hereof). The Annexation Petition requests annexation of the Property and of
certain real property owned by the Town, and of certain existing public transportation
rights-of-way necessary for construction of the Highway 6 Connector Road and related public
improvements.
E. If the Annexation Property is annexed to the Town, the Town will have
the authority to zone the Property and approve the subdivision of the Property in accordance with
this Agreement and applicable Town requirements and policies. Furthermore, the Town will
have the authority to provide for the orderly development of the Project (defined in
Section 1.1(m) hereof) and the vesting of certain property development rights concerning the
Property.
F. Development of the Project is integral to the performance of certain public
improvement obligations as required by the Village Annexation Agreement, and will require
large investments in infrastructure improvements and public facilities (which may include offsite
improvements), including, without limitation, roads, drainage facilities, water lines, sewer lines,
and similar public improvements which will serve the needs of the Project, TCMD, and the
518060.7 MLAYER 10/23/01 11:14 AM
Town. Completion of these improvements and facilities will require substantial investments by
Owner and/or TCMD. Such investments can be supported only if there are assurances that the
development of the Project, once approved by the Town, will be allowed to proceed to ultimate
completion as contemplated by the Village Annexation Agreement and as provided in this
Agreement.
G. The Project may contribute substantially to the economic growth of the
Town and, consequently, may increase tax revenues to the Town. The Town desires to annex the
Annexation Property in order to provide for orderly growth in and around the Town. In
particular, the Town and Owner acknowledge that it is necessary and desirable that the Town
acquire jurisdiction over the Project in order to assure that the Highway 6 Connector Road and
related public improvements are constructed under the Town's regulatory authority in the
manner contemplated by the Village Annexation Agreement and by this Agreement.
H. The Vested Property Rights Statute (defined in Section 1.1(t) hereof)
authorizes the Town to enter into development agreements with landowners providing for
vesting of property development rights. Consistent with the Vested Property Rights Statute,
Chapter 17.14 of the Municipal Code authorizes the Town to enter into development agreements
with landowners providing for the vesting of property development rights.
1. Development of the Project in accordance with the terms and conditions of
this Agreement will further the Town's objectives in entering into the Village Annexation
Agreement, and will achieve the goals and purposes for which the Vested Property Rights
Statute and Chapter 17.14 of the Municipal Code (defined in Section 1.10)) were enacted. In
exchange for these benefits and the other benefits to the Town contemplated by this Agreement,
together with the public benefits served by the orderly development of the Project, Owner desires
to receive the assurance that it may proceed with development of the Project pursuant to the
terms and conditions contained in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the terms, conditions and covenants set
forth in this Agreement and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Owner and the Town agree as follows:
ARTICLE 1
Definitions and General Provisions
1.1 Definitions. The following terms and references shall have the meanings
indicated:
(a) Annexation Petition: The petition for annexation which Owner
filed with the Town on August 2, 2001.
(b) Annexation Property: The real property which is legally described
in Exhibit A of the Annexation Petition.
518060.7 MLAYER 10/23/01 11:14 AM 3
(c) Development Parcels: Lots 2 and 3, as depicted in and to be
established by the Subdivision Application.
(d) Development Plan: Collectively, the Subdivision Application, the
Zoning Application, and this Agreement, together with the applicable portions of the
Village SIA and the Village Final Plat.
(e) Effective Date: The effective date of the Town Council ordinance
approving this Agreement.
(f) Exhibits: The following Exhibits to this Agreement, all of which
are incorporated by reference into and made a part of this Agreement:
Exhibit A - Legal Description of the Property
(g) Final Approval: The 40th day following the effective date of the
latest of the ordinances or resolutions by which Town Council approves (a) this
Agreement, (b) the annexation of the Property to the Town, (c) the Zoning Application,
or (d) the Subdivision Application. Final Approval shall be deemed not to have occurred
if on or before such 401 day either (i) any legal proceeding challenging any of such
approvals is commenced, or (ii) any petition for a referendum seeking to reverse or
nullify any of such approvals is duly filed; unless in the case of either (i) or (ii) above,
Owner elects not to terminate this Agreement pursuant to Section 2.3, and such legal
proceedings or referenda are concluded or resolved affirming such approvals within a
period of time acceptable to Owner in its sole discretion.
(h) Highway 6 Connector Road: As generally described in the Village
Annexation Agreement, the road required by the Village Annexation Agreement to be
constructed to provide a connection between the Interstate 70 Interchange and
Highway 6.
(i) Interstate 70 Interchange: As generally described in the Village
Annexation Agreement, a full diamond interchange required by the Village Annexation
Agreement to be constructed on Interstate 70.
0) Municipal Code: The Town's Municipal Code, as in effect from
time to time.
(k) Municipal Services: All municipal services to be provided to the
Project, including, without limitation, police protection, snow removal and road
maintenance, building code enforcement, bus transportation services and other
administrative services equivalent to those provided to any other area of the Town.
(1) Owner: Collectively, EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company, and TRAER CREEK LLC, a Colorado limited
liability company, and their respective successors and assigns.
516060.7 MLAYER 1083/01 1 1:14 AM 4
(m) Proiect: Development of the Property and construction of the
portion of the Highway 6 Connector Road and related public and private improvements
located within the area of the Annexation Property, pursuant to the Development Plan.
(n) Property: The real property located in unincorporated Eagle
County, Colorado, and more particularly described on Exhibit A attached to this
Agreement.
(o) Public Improvement Obligations: Collectively, the public
improvement obligations, including the provision of security to assure completion of such
public improvements, required pursuant to Section 16.24.100 of the Municipal Code in
connection with approval of the Subdivision Application to be constructed within the area
of the Annexation Property, which public improvements and security therefore, together
with the approved design, engineering and technical criteria and standards, shall be as set
forth in the Village SIA, pursuant to the terms and conditions of this Agreement.
(p) Subdivision Application: Collectively, (i) the preliminary plan
which Town Council approved on September 25, 2001, pursuant to Resolution 01-26,
Series of 2001; and (ii) the final plat application submitted to the Town on [-
2001, for review and final action contemporaneously with Town Council's final action on
the Annexation Petition, as such preliminary plan and final plat may subsequently be
amended.
(q) Town: The Town of Avon, a municipal corporation of the State of
Colorado.
(r) Town Council: The Town Council of the Town.
(s) Vested Property Rights: As defined in Section 3.4 and established
pursuant to the terms and conditions of this Agreement in accordance with the Vested
Property Rights Statute and Chapter 17.14 of the Municipal Code.
(t) Vested Property Rights Statute: Sections 24-68-101, etseq. of the
Colorado Revised Statutes, as amended.
(u) Village Annexation Agreement: That certain Annexation and
Development Agreement, dated as of October 13, 1998, and recorded in the Eagle
County, Colorado, real property records on November 25, 1998, at Reception
No. 677743, as amended of record.
(v) Village Final Plat: The Village (at Avon) Filing 1 final plat (the
application for is anticipated to be considered by Town Council after the effective date of
this Agreement) as approved by Town Council and placed of record.
(w) Village SIA: The subdivision improvements agreement to be
executed by Traer, TCMD, and the Town in connection with the Village Final Plat, as
approved by Town Council and placed of record (anticipated to occur after the effective
518060.7 MLAYER 10/23/01 11:14 AM 5
date of this Agreement), together with all construction and engineering drawings and
technical standards approved in connection therewith.
(x) Zoning Application: The Neighborhood Commercial Zone District
zoning application for the Development Parcels, submitted to the Town on August 2,
2001, and to be considered and acted upon by Town Council as Ordinance No. 01-08,
Series of 2001, or such other application for zoning of the Development Parcels as Traer
and EMD may submit and Town Council may approve in lieu of the August 2, 2001,
submittal.
1.2 Covenants. The provisions of this Agreement shall constitute covenants
or servitudes which shall touch, attach to and run with the land comprising the Property, and the
burdens and benefits of this Agreement shall bind and inure to the benefit of all estates and
interests in the Property and all successors in interest to the parties to this Agreement, except as
otherwise provided in Section 1.4.
1.3 Term. In recognition of the importance of the development contemplated
under this Agreement in implementing and realizing the public benefits contemplated in the
Village Annexation Agreement which are dependent on development of the Project, the
substantial investment and time required to complete the development of the Project, and the
possible impact of economic cycles and varying market conditions during the course of
development, the term of the Vested Property Rights established under this Agreement shall
commence on the Effective Date and shall continue until the twentieth (20th) anniversary of the
Effective Date. After the expiration of the foregoing term, the Vested Property Rights
established by this Agreement shall be deemed terminated and of no further force or effect;
provided, however, that such termination shall not effect (a) the annexation of the Property to the
Town; (b) any additional common law or other form of vested rights obtained prior to such
termination, or (c) any right arising from Town permits, approvals or other entitlements for the
Property or the Project which were granted or approved prior to, concurrently with, or
subsequent to the approval of this Agreement, the Subdivision Application, or the Zoning
Application.
1.4 Amendment of Agreement. Except as otherwise set forth in this
Agreement, this Agreement may be amended or terminated only by mutual consent in writing of
the Town and Owner following the public notice and public hearing procedures required for
approval of this Agreement. For the purposes of any amendment to this Agreement, "Owner"
shall mean only the signatories to this Agreement constituting Owner and those parties, if any, to
whom such signatories have specifically granted, in writing, the power to enter into such
amendment.
1.5 Cooperation in Defending Legal Challenges. If any legal or equitable
action or other proceeding is commenced by a third party challenging the validity of any
provision of this Agreement, the zoning of the Property, and/or the subdivision of the Property,
Owner and the Town shall cooperate in defending such action or proceeding and to bear their
own expenses in connection therewith. Unless the Town and Owner otherwise agree, each party
shall select and pay its own legal counsel to represent it in connection with such action or
proceeding.
518060.7 MLAYER 10123/01 1L 14 AM
ARTICLE 2
Annexation of the Property
2.1 Annexation. Annexation of the Property shall be in accordance with the
terms and conditions of this Agreement and the Colorado Municipal Annexation Act of 1965, as
amended (C.R.S. §§ 31-12-101, et seq.).
2.2 Conditions Precedent. Annexation of the Property to the Town shall not
be made effective pursuant to C.R.S. § 31-12-113(2)(b) until the following conditions have been
satisfied: (a) Owner, TCMD and the Town have mutually executed and delivered this
Agreement; and (b) Final Approval has occurred.
2.3 Failure of Conditions. Until all of the conditions set forth in Section 2.2
have been satisfied, Owner may withdraw the Annexation Petition. If Owner withdraws the
Annexation Petition, or if Final Approval does not occur, then the Property shall be deemed not
annexed to the Town, the Vested Property Rights described in this Agreement shall be deemed
not established, and all obligations of the Town, TCMD and Owner under this Agreement which
are to be performed after the annexation becomes effective shall be deemed void and of no force
or effect.
ARTICLE 3
Zoning and Vested Rights
3.1 Zoning. The Development Parcels shall be zoned as provided in this
Agreement and in the Zoning Application. Tracts A and B as depicted in the Subdivision
Application shall be zoned to accommodate their use as a public right-of-way.
3.2 Subdivision and Subdivision Improvements Agreement. The Annexation
Property shall be platted as set forth in the Subdivision Application, subject to the following
provisions:
(a) Ownership of Lots. Upon completion of the subdivision process,
the Town will be the sole owner of Lot 1, Traer will be the sole owner of the
Development Parcels, and ownership of Tract A, Tract B, and other public rights-of-way
situate within the Property shall be as otherwise provided in Section 4.1 of this
Agreement. In connection with recordation of the final plat approved as part of the
Subdivision Application, the Town, Traer, EMD and TCMD shall, in addition to any
specific obligations otherwise established in this Agreement, execute, deliver and record
such documents and instruments as may be required to assure that fee simple absolute
title to Lot 1 is vested in the Town, and that fee simple absolute title to the Development
Parcels is vested in Traer. The parties contemplate that TCMD will own Tracts A and B
unless and until TCMD conveys either tract as contemplated in other provisions of this
Agreement.
(b) Security for performance of Public Improvement Obligations.
Execution, delivery and recordation of this Agreement shall satisfy the requirement of
Section 16.24.100 of the Municipal Code with respect to the provision of a subdivision
improvements agreement for the Annexation Property. The Public Improvement
518060.7 MLAYER 10/23/01 11:14 AM 7
Obligations shall be as set forth in the Village SIA; provided, however, that the obligation
to perform the Public Improvement Obligations shall not arise unless and until final,
non-appealable approval, mutual execution and delivery, and recordation in the Eagle
County, Colorado, real property records of the Village Final Plat and the Village SIA has
occurred. Unless and until final, non-appealable approval, mutual execution and
delivery, and recordation in the Eagle County, Colorado, real property records of the
Village SIA has occurred, the following restrictions shall apply:
(i) The Town shall have no obligation to issue any building
permit for development of the Development Parcels.
(ii) After completing the conveyances described in
subparagraph (a) of this Section 3.2, and except as otherwise provided in this
sub-subparagraph (ii), Traer shall be restricted from conveying the Development
Parcels to any third parry, which restriction on conveyance shall be specifically
enforceable by the Town and is hereby made a covenant running with title to the
Development Parcels. Notwithstanding the foregoing, upon providing prior
written notice thereof to the Town, Traer may convey one or both lots constituting
the Development Parcels to an affiliate of Traer for tax planning or similar
purposes. For purposes hereof, "affiliate of Traer" shall mean any member of
Traer and any entity in which Traer or any member of Traer holds at least a 50%
interest. The notice of such conveyance shall be delivered to the Town at least
fifteen (15) days prior to the conveyance, and shall describe the relationship of the
affiliate to Traer in sufficient detail for the Town to confirm that the affiliate
meets the definition set forth herein. The Town may object to such conveyance
only on the basis that the proposed transferee is not an affiliate as defined herein.
If the Town provides written notice within the fifteen (15) day period that it
objects to the conveyance on that basis, Traer shall not effect the conveyance
unless and until the Town withdraws its objection or it is otherwise established
that the transferee meets the definition of affiliate set forth herein.
Upon recordation of the Village SIA, the Town shall execute and deliver to Traer for
recordation a memorandum sufficient to provide record notice that the restriction on
conveyance described in the foregoing sub-subparagraph (ii) is released and of no further
force or effect.
3.3 Vesting_ of Property Rights. This Agreement, the Zoning Application, and
the Subdivision Application, collectively, constitute an approved "site-specific development
plan" as defined in the Vested Property Rights Statute and Section 17.14.100 of the Municipal
Code. The owners of the Property shall have Vested Property Rights to undertake and complete
development and use of the Property and the Project as provided in the Development Plan.
Pursuant to Section 17.14.050 of the Municipal Code:
Approval of this plan constitutes a vested property right
pursuant to Article 68 of Title 24, C.R.S., as amended.
518060.7 MLAYER 10/23!01 11:14 AM 8
3.4 Properly Rights Vested. The rights identified below shall constitute the
Vested Property Rights under this Agreement:
(a) The right to develop, plan and engage in land uses within the
Property and the Project in the manner and to the extent set forth in and pursuant to the
Development Plan.
(b) The right to develop, plan and engage in land uses within the
Property and the Project in accordance with the densities, physical development standards
and other physical parameters set forth in the Development Plan.
(c) The right to develop the Project in the order, at the rate and at the
time as market conditions dictate, subject to the terms and conditions of the Development
Plan.
(d) The right to develop and complete the development of the Project
(including, without limitation, the right to receive all Town approvals necessary for the
development of the Project) with conditions, standards and dedications which are no
more onerous than those imposed by the Town upon other developers in the Town on a
uniform, non-discriminatory and consistent basis, and subject only to the exactions and
requirements set forth in the Development Plan; provided that such conditions, standards
and dedications shall not directly or indirectly have the effect of materially and adversely
altering, impairing, preventing, diminishing, imposing a moratorium on development,
delaying or otherwise adversely affecting any of the Owner's rights set forth in the
Development Plan.
(e) The Town shall not initiate any zoning, land use or other legal or
administrative action that would directly or indirectly have the effect of materially and
adversely altering, impairing, preventing, diminishing, imposing a moratorium on
development, delaying or otherwise adversely affecting any of the Owner's rights set
forth in the Development Plan.
3.5 No Obligation to Develop. Except as the Village Annexation Agreement
provides otherwise, Owner shall have no obligation to develop all or any portion of the Project
and shall have no liability to the Town or any other party for its failure to develop all or any part
of the Project.
3.6 Compliance with General Regulations. Except as otherwise provided in
this Agreement, the establishment of Vested Property Rights under this Agreement shall not
preclude the application on a uniform and non-discriminatory basis of Town regulations of
general applicability (including, but not limited to, building, fire, plumbing, electrical and
mechanical codes, the Municipal Code, and other Town rules and regulations) or the application
of state or federal regulations, as all of such regulations exist on the date of this Agreement or
may be enacted or amended after the date of this Agreement; provided, however, that such newly
enacted or amended Town regulations shall not directly or indirectly have the effect of materially
and adversely altering, impairing, preventing, diminishing, imposing a moratorium on
518060,7 MLAYER 10/23/01 11 14 AM 9
development, delaying or otherwise adversely affecting any of Owner's Vested Property Rights.
Owner does not waive its right to oppose the enactment or amendment of any such regulations.
ARTICLE 4
Highway 6 Connector Road and Related Public Improvements
4.1 Access; Roads. Access, ingress and egress to, from and within the Project
by public street shall be as generally depicted in the Subdivision Application and more
particularly described in the Village Final Plat and the Village SIA. Nothing set forth herein
shall prohibit or limit Owner's right to construct or maintain private roads and drives on any
portion of Owner's property. TCMD shall construct the public roads within the Project in
accordance with applicable Town standards as set forth in the Village Final Plat and the
Village SIA. The establishment of rights-of-way for and construction of public streets within the
Project shall be as set forth below.
(a) Highway 6 Connector Road. The alignment of the Highway 6
Connector Road and the configuration of the intersections of the Highway 6 Connector
Road with the other public rights-of-way within the Project shall be as set forth in the
Village Final Plat and the Village SIA. As more particularly set forth in the Village
Annexation Agreement, and pursuant to the terms and conditions thereof, TCMD shall
own the Highway 6 Connector Road right-of-way and shall construct and own the
improvements within the Highway 6 Connector Road right-of-way. In order to facilitate
construction of the Highway 6 Connector Road, TCMD shall endeavor to assemble the
requisite right-of-way by a combination of one or more of the following means:
(i) acquisition from the County of Eagle of those portions of the Property consisting of
existing dedicated public rights-of-way situate within the proposed Highway 6 Connector
Road alignment, (ii) conveyance from Owner of Tract A as depicted in the Subdivision
Application, and (iii) acquisition from the owner thereof, whether by condemnation or
conveyance in lieu thereof, of any additional property situate within the proposed
Highway 6 Connector Road right-of-way. During the period of TCMD's ownership of
the Highway 6 Connector Road right-of-way and improvements, pursuant to the terms
and conditions of the Village Annexation Agreement, the Town shall maintain the
Highway 6 Connector Road and the Town shall calculate and TCMD shall reimburse the
Town for such services in the same manner as provided in the Village Annexation
Agreement for roads located within the Village (at Avon).
(b) Nottingham Ranch Road. In order to facilitate construction of the
Highway 6 Connector Road, TCMD shall endeavor to acquire from the County of Eagle
the existing right-of-way for Nottingham Ranch Road as dedicated by previously
approved subdivision plats. Upon acquiring the requisite rights-of-way as provide herein,
TCMD shall realign Nottingham Ranch Road as generally depicted in the Subdivision
Application and, with respect to the intersection with the Highway 6 Connector Road, as
more particularly set forth the Village Final Plat and the Village SIA. Those portions of
the existing Nottingham Ranch Road right-of-way which are within the proposed
Highway 6 Connector Road right-of-way shall be subject to the provisions of
subparagraph (a) above. Upon completion of the Highway 6 Connector Road and related
re-alignment of Nottingham Ranch Road as provided for herein, TCMD shall convey to
518060.7 MLAYER 10/23/01 11:14 AM 10
the Town by quit claim deed, or otherwise dedicate to the Town, those portions of the
existing Nottingham Ranch Road right-of-way which are not within the proposed
Highway 6 Connector Road right-of-way, and which continue to be utilized as public
right-of-way for the realigned Nottingham Ranch Road. From and after such conveyance
or dedication, the Town shall own and maintain all improvements within the Nottingham
Ranch Road right-of-way as realigned. Notwithstanding the foregoing, however, TCMD
shall retain Tract B, and reserves the right to convey Tract B to an adjacent property
owner if, in the sole and absolute determination of TCMD's board of directors, such
conveyance will facilitate acquisition of the requisite public rights-of-way or is otherwise
in the public interest. In connection with any such conveyance and upon receipt of a
request from TCMD, the Town Council shall consider and promptly take final action on
an ordinance disconnecting Tract B in accordance with Section 31-12-501 C.R.S., as
amended.
(c) Eagle Bend Drive. In order to facilitate construction of the
Highway 6 Connector Road and related public improvements, TCMD shall endeavor to
acquire from the County of Eagle the existing right-of-way for the portion of Eagle Bend
Drive situate within the Property as dedicated by previously approved subdivision plats.
Upon acquiring the requisite rights-of-way as provide herein and completing construction
of the bridge to be constructed over the Eagle River as provided in the Village SIA,
TCMD shall realign and otherwise re-configure Eagle Bend Drive as depicted in the
Subdivision Application and, as applicable, in the Village Final Plat, and the Village SIA.
Those portions of the existing Eagle Bend Drive right-of-way which are within the
proposed Highway 6 Connector Road right-of-way shall be subject to the provisions of
subparagraph (a) above. Upon completion of the Highway 6 Connector Road and related
realignment and reconfiguration of Eagle Bend Drive, as generally provided herein,
TCMD shall convey to the Town by quit claim deed or otherwise dedicate to the Town
those portions of the existing Eagle Bend Drive right-of-way which are not within the
proposed Highway 6 Connector Road and which continue to be utilized as public
right-of-way for the realigned Eagle Bend Drive. From and after such conveyance or
dedication, the Town shall thereafter own and maintain all improvements within the
Eagle Bend Drive right-of-way as realigned and reconfigured. With respect to the
portion of current Eagle Bend Drive right-of-way which is neither conveyed or dedicated
to the Town, as required above, nor situate within the proposed Highway 6 Connector
Road right-of-way, following completion of the realignment and reconfiguration of Eagle
Bend Drive, (i) TCMD shall convey to Traer any such portion which is situate within the
Development Parcels, and (ii) TCMD shall convey to the Town any such portion which is
situate within Lot 1, as depicted in the Subdivision Application.
4.2 Municipal Services. Except as this Agreement expressly provides
otherwise, the Town shall provide all Municipal Services to the Property on a uniform and
non-discriminatory basis, upon the same terms and conditions as such services are provided to
other areas within the Town.
518W.7 MLAYER 10!13/01 1 1:14 AM I I
ARTICLE 5
Default; Remedies; Termination
5.1 Default by Town. A "breach" or "default" by the Town under this
Agreement shall be defined as: (a) any zoning, land use or other action or inaction, direct,
indirect or pursuant to an initiated measure, taken without Owner's consent, that alters, impairs,
prevents, diminishes, imposes a moratorium on development, delays or otherwise materially and
adversely affects any development, use or other rights of Owner under the Development
Agreement; or (b) the Town's failure to fulfill or perform any material obligation of the Town
contained in this Agreement.
5.2 Default by Owner or by TCMD. A "breach" or "default" by Owner or by
TCMD shall be defined as a failure to fulfill or perform any material obligation of that party
contained in this Agreement.
5.3 Notices of Default. If any party defaults under this Agreement, the
non-defaulting party or parties shall deliver written notice to the defaulting party or parties of
such default, at the address specified in Section 6.8, and the defaulting party or parties shall have
30 days from and after receipt of such notice to cure such default. If such default is not of a type
which can be cured within such 30-day period and the defaulting party or parties gives written
notice to the non-defaulting party or parties within such 30-day period that it is actively and
diligently pursuing such cure, the defaulting party or parties shall have a reasonable period of
time given the nature of the default following the end of such 30-day period to cure such default,
provided that such defaulting party is at all times within such additional time period actively and
diligently pursuing such cure.
5.4 Remedies.
(a) If any default under this Agreement is not cured as described
above, the non-defaulting party or parties shall have the right to enforce the defaulting
party's obligations hereunder by an action for any equitable remedy, including injunction
and/or specific performance, and/or an action to recover damages. Each remedy provided
for in this Agreement is cumulative and is in addition to every other remedy provided for
in this Agreement or otherwise existing at law, in equity or by statute.
(b) The Town acknowledges that since this Agreement constitutes a
development agreement which confers Vested Property Rights for a period exceeding
three years, if the Town breaches or defaults hereunder, in addition to any of the
foregoing remedies, Owner shall be entitled to:
(i) recover from the Town any damages that would have been
specifically available to Owner as contemplated in Colorado Revised Statutes
Section 24-68-105(1)(c) as in effect on the Effective Date, plus any other and
additional damages provable at law; and
(ii) cause the Property, or any portion thereof designated by
Owner, to be disconnected from the Town.
518060.7 MLAYER 10/23101 11:14 AM 12
ARTICLE 6
Miscellaneous
6.1 Applicable Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of Colorado.
6.2 No Joint Venture or Partnership. No form of joint venture or partnership
exists between the Town, TCMD and/or Owner, and nothing contained in this Agreement shall
be construed as making the Town, TCMD and/or Owner joint venturers or partners.
6.3 Expenses. Except as otherwise provided in this Agreement, Owner and
the Town shall each bear their respective costs and expenses associated with entering into,
implementing and enforcing the terms of this Agreement.
6.4 Waiver. No waiver of one or more of the terms of this Agreement shall
constitute a waiver of other terms. No waiver of any provision of this Agreement in any instance
shall constitute a waiver of such provision in other instances.
6.5 Town Findings. Town hereby finds and determines that execution of this
Agreement is in the best interests of the public health, safety, and general welfare and the
provisions of this Agreement are consistent with the Town's comprehensive plan, development
regulations and policies.
6.6 Severability. If any term, provision, covenant or condition of this
Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the
remaining provisions of this Agreement shall continue in full force and effect so long as
enforcement of the remaining provisions would not be inequitable to the party against whom
they are being enforced under the facts and circumstances then pertaining.
6.7 Further Assurances. Each party shall execute and deliver to the other all
such other further instruments and documents as may be reasonably necessary to carry out this
Agreement in order to provide and secure to the other party the full and complete enjoyment of
its rights and privileges under this Agreement.
6.8 Notices. Any notice or communication required under this Agreement
between the Town and Owner must be in writing, and may be given either personally or by
registered or certified mail, return receipt requested. If given by registered or certified mail, the
same shall be deemed to have been given and received on the first to occur of (i) actual receipt
by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five
days after a registered or certified letter containing such notice, properly addressed, with postage
prepaid, is deposited in the United States mail. If personally delivered, a notice shall be deemed
to have been given when delivered to the party to whom it is addressed. Any party hereto may at
any time, by giving written notice to the other party hereto as provided in this Section, designate
additional persons to whom notices or communications shall be given, and designate any other
address in substitution of the address to which such notice or communication shall be given.
Such notices or communications shall be given to the parties at their addresses set forth below:
518060.7 MLAYER 10/23/01 11:14 AM 13
If to Town:
Town of Avon
P.O. Box 975
400 Benchmark Road
Avon, Colorado 81620
Attention: Town Manager
With a required copy to:
Town of Avon
P.O. Box 975
400 Benchmark Road
Avon, Colorado 81620
Attention: Town Attorney
If to Owner, by mail delivery:
Traer Creek LLC
P.O. Box 640
Vail, Colorado 81658
Attention: William J. Post, Esq.
EMD Limited Liability Company
P.O. Box 640
Vail, Colorado 81658
Attention: William J. Post, Esq.
Or, for delivery other than by mail,
Traer Creek LLC
0322 East Beaver Creek Blvd.
Avon, Colorado 81620
Attention: William J. Post, Esq.
EMD Limited Liability Company
0322 East Beaver Creek Blvd.
Avon, Colorado 81620
Attention: William J. Post, Esq.
With a required copy to:
Otten, Johnson, Robinson, Neff & Ragonetti, P.C.
950 17`" Street, Suite 1600
Denver, Colorado 80202
Attention: Munsey L. Ayers, Esq.
518060.7 MLAYER 10123/01 11:14 AM 14
If to TCMD by mail delivery
Traer Creek Metropolitan District
P.O. Box 640
Vail, Colorado 81658
Attention: President
Or, for delivery other than by mail
Traer Creek Metropolitan District
0322 East Beaver Creek Blvd.
Avon, Colorado 81620
Attention: President
With a required copy to:
Traer Creek Metropolitan District
c/o McGeady & Sisneros, P.C.
1675 Broadway
Suite 2100
Denver, Colorado 80202
Attention: Darlene Sisneros, Esq.
6.9 Assignment. This Agreement shall be binding upon and, except as
otherwise provided in this Agreement, shall inure to the benefit of the successors in interest or
the legal representatives of the parties hereto. Owner shall have the right to assign or transfer all
or any portion of its interests, rights or obligations under this Agreement to third parties
acquiring an interest or estate in the Property, including, but not limited to, purchasers or long
term ground lessees of individual lots, parcels, or of any improvements now or hereafter located
within the Property, provided that to the extent Owner assigns any of its obligations under this
Agreement, the assignee of such obligations shall expressly assume such obligations. The
express assumption of any of Owner's obligations under this Agreement by its assignee or
transferee shall thereby relieve Owner of any further obligations under this Agreement with
respect to the matter so assumed.
6.10 Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed to be an original and all of which taken together shall constitute
one and the same agreement.
6.11 Recitals. The recitals hereof are hereby incorporated herein by this
reference and made substantive provisions of this Agreement.
518060.7 MLAM 10/23/01 11:14 AM 15
IN WITNESS WHEREOF, Owner and the Town have executed this Agreement
as of the date first written above.
OWNER:
TRAER CREEK LLC, a Colorado limited liability
company
By:
Name: Magnus Lindholm
Title: Manager
EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company
By: LAVA CORPORATION, a Colorado
corporation, Manager
By: _
Name:
Title:
TCMD:
Magnus Lindholm
President
TRAER CREEK METROPOLITAN DISTRICT, a
quasi-municipal corporation and political
subdivision of the State of Colorado
By: _
Name:
Title:
ATTEST:
By:
Name:
Title: Secretary
William J. Post
President
518060.7 MLAYER 10/23/01 11.14 AM 16
THE TOWN:
TOWN OF AVON, a municipal corporation of the
State of Colorado
Approved as to legal form by:
Name:
Title:
Name:
Title:
Town Attorney
STATE OF COLORADO
COUNTY OF
ss:
Mayor
The foregoing instrument was acknowledged before me this day of
, 2001, by Magnus Lindholm, as Manager of Traer Creek LLC, a Colorado
limited liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
518060] MLAYER 10/23/01 11:14 AM 1 /
STATE OF COLORADO
COUNTY OF
ss:
The foregoing instrument was acknowledged before me this day of
, 2001, by Magnus Lindholm, as President of LAVA Corporation, a Colorado
corporation, as Manager of EMD Limited Liability Company, a Colorado limited liability
company.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO
COUNTY OF
ss:
The foregoing instrument was acknowledged before me this day of
, 2001, by William J. Post, as President of Traer Creek Metropolitan District, a
quasi-municipal corporation and political subdivision of the State of Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
518060.9 MLAYER IO/Y3/01 11:14 AM 18
STATE OF COLORADO
COUNTY OF
ss:
The foregoing instrument was acknowledged before me this day of
, 2001, by , as Mayor of the Town
of Avon, a municipal corporation of the State of Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
518W 7 NCAYBR 10/23/01 11:14 AM 19
EXHIBIT A
Legal Description of the Property
Lots 2, 3, 4 and 5 McGrady Acres, according to the final plat thereof recorded in Book 558 at
Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder.
518060.7 MLAYER 10/23/01 11:14 AM A-1
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 23rd DAY OF OCTOBER
2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 01-08, SERIES OF 2001:
An Ordinance Approving Zoning for Lots 1, 2, and 3 of a Resubdivision of Lots-1 Z 3 4 and 5
of McGrady Acres Subdivision, Town of Avon, Eagle County, Colorado
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
0 Dated this 26th day of September 2001.
PF AVON, COLORADO
BY:
Ws Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
SEPTEMBER 26th, 2001:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
ALPINE BANK
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
E
TOWN OF AVON
ORDINANCE NO. 01-08 •
SERIES OF 2001
AN ORDINANCE APPROVING ZONING FOR LOTS 1, 2, AND 3
OF A RESUBDIVISION OF LOTS 1, 2, 3, 4 AND 5 OF MCGRADY
ACRES SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO.
WHEREAS, Traer Creek LLC has applied for zoning for Lots 1, 2, and 3 of a
resubdivision of Lots 1, 2, 3, 4 and 5 of McGrady Acres Subdivision from Eagle County PUD
(Planned Unit Development) to NC (Neighborhood Commercial) and GPEH (Government, Park,
and Employee Housing); 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 September 4, 2001, at which time the applicant and the public were given an
opportunity to express their opinions and present certain information and reports regarding the
zoning application; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded its recommendations on the zoning application to the Town Council of the Town of
Avon; and
WHEREAS, after notices provided by law, this Council held a public hearing on the
day of , 2001, at which time the public was given an opportunity to express
their opinions regarding the application; and
WHEREAS, the Town Council of the Town of Avon finds as follows:
E
r
1. The proposed zoning is justified by changed or changing conditions in the
character of the area proposed to be zoned.
2. The proposed zoning is consistent with the Town's Comprehensive Plan.
The proposed use(s)-are compatible with the surrounding area or uses.-
4. Adequate facilities are available to serve the development for the type and scope
suggested by the proposed zone.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
1. Traer Creek LLC's zoning application for Lots 1, 2, and 3 of a resubdivision of Lots 1, 2, 3, 4
and 5 of McGrady Acres Subdivision from Eagle County PUD (Planned Unit Development)
to NC (Neighborhood Commercial) on Lots 2 and 3 and GPEH (Government, Park, and
Employee Housing) on Lot 1 is hereby approved.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this 25 day of September; 2001, and a public hearing shall be held at the regular
meeting of the Town Council of the Town of Avon, Colorado, on the 23 day of October,
2001, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
i
E
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED.
Town of Avon, Colorado
Town Council
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
APPROVED AS TO FORM: 0
Burt Levin, Town Attorney
Y
• Memo
To:
Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
Norm Wood, Town Engineerow
From: Ruth Borne, Director of Community Development`--- ?~ f
Date October 17, 2001
Re: First Reading of Ordinance 01-16 Approving the First Amendment to
the Annexation and Development Agreement between Traer Creek
LLC ("Traer), EMD Limited Liability Company ("EMD"), Traer Creek
Metropolitan District and the Town of Avon
Summary: The original Annexation and Development Agreement ("Original
Agreement") dated October 13, 1998 was approved contemporaneously with the
Annexation, Final Plat and PUD Development Plan for the Village at Avon.
The First Amendment to Annexation and Development Agreement ("First
is Amendment") for the Village at Avon reflects the legal, fiscal and ownership issues
associated with the revisions to the Preliminary Plan for Filing 1 and Administrative
Amendment No.1 to the PUD. These development scenarios are more definitively
described in the Memo dated October 4, 2001 which are attached hereto for your
review.
Recommendation: Staff recommends that the Town Council approve Ordinance 01-16,
Approving the First Amendment to the Annexation and Development Agreement
between Traer Creek LLC ("Traer), EMD Limited Liability Company ("EMU), Traer Creek
Metropolitan District and the Town of Avon.
Alternatives
1. Approve
2. Approve with conditions
3. Table
4. Deny the Ordinance 01-16
11
Proposed Motion: "I move to approve on first reading Ordinance 01-16, Approving the
First Amendment to the Annexation and Development Agreement between Traer Creek
LLC ("Traer), EMD Limited Liability Company ("EMD"), Traer Creek Metropolitan District
and the Town of Avon.
Town Manager Comments
Attachment: Ordinance 1-16
Exhibit "A" - First Amendment to Annexation and Development
Agreement
Memo to Council dated October 4, 2001
•
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9 Page 2
TOWN OF AVON
ORDINANCE NO. 01-16
SERIES OF 2001
AN ORDINANCE APPROVING THE FIRST AMENDMENT_ (THE
"AMENDMENT") TO THE ANNEXATION AND DEVELOPMENT
AGREEMENT (THE "AGREEMENT") BETWEEN THE TOWN OF AVON
(THE "TOWN") AND TRAER CREEK LLC, A COLORADO LIMITED
LIABILITY COMPANY, EMD LIMITED LIABILITY COMPANY, A
COLORADO LIMITED LIABILITY COMPANY (COLLECTIVELY THE
"OWNER"), AND TRAER CREEK METROPOLITAN DISTRICT, A QUASI-
MUNICIPAL CORPORATION AND POLITICAL SUBDIVSION OF THE
STATE OF COLORADO (THE "DISTRICT") CONCERNING THE
DEVELOPMENT RIGHTS AND RESPONSIBILITIES OF THE TOWN AND
THE OWNER WITH RESPECT TO THE VILLAGE AT AVON;
AUTHORIZING AND INSTRUCTING THE MAYOR OF THE TOWN TO SIGN
THE AMENDMENT ON BEHALF OF THE TOWN, AND APPROVING A SITE
SPECIFIC DEVELOPMENT PLAN ESTABLISHING A VESTED PROPERTY
RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S., AS AMENDED.
WHEREAS, the Town and the Owner have negotiated the terms and conditions
of the First Amendment to the Annexation and Development Agreement
("Amendment"), which is attached hereto as Exhibit "A" and incorporated herein; and
WHEREAS, as used herein the term "Property" means those lands annexed into
the Town by, and described in, Ordinance No. 98-15; and
WHEREAS, the Town gave proper and timely posted notice of the dates and
times of the meetings at which the Town Council considered the Amendment; and
WHEREAS, the proposed full text of this Ordinance was duly published by
posting in the office of the Town Clerk and in three (3) additional public places within
the Town, and said publication also set forth the date and time of the public hearing at
which the Town Council considered the Amendment; and
WHEREAS, Town of Avon Ordinance Number 98-16 establishes the zoning for
the Property pursuant to the terms of a Planned Unit Development (the "PUD"); and
WHEREAS, pursuant to Avon Municipal Code Section 17.14.100, the Town
Council has agreed to designate the Amendment together with the Preliminary
Subdivision Plan for the Property (see Town of Avon Resolution Number 01-09) and
Administrative Amendment No. 1 to the PUD as the site specific development plan for
the Property; and
WHEREAS, it is the intent of the Town Council that approval of--said site
specific development plan establish vested property rights pursuant to Article 68 of Title
24, C.R.S., as amended; and
WHEREAS, approval of the Amendment is in the best interests of the public
health, safety and general welfare of the people of the Town; and
WHEREAS, the Town Council held a public hearing concerning the
Amendment, and by this Ordinance sets forth its findings and conclusions.
THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS AND
CONCLUSIONS:
1. The Amendment complies with all applicable laws and regulations of the
State of Colorado and the Town, including, without limitation, Article 68
of Title 24, C.R.S.
2. All notices required for the public hearing at which the Town Council
considered the Amendment were properly and timely published, posted or
mailed in accordance with all applicable laws and regulations of the State
of Colorado and the Town.
3. The public hearing held on the Amendment was conducted in accordance
with all applicable laws and regulations of the State of Colorado and the
Town.
4. The Town has authority to enter into the Amendment pursuant to Sections
24-68-104(2) and 31-15-101, C.R.S., and pursuant to Section 17.14.100 of
the Avon Municipal Code.
5. The Town's approval of and entering into the Amendment is in the best
interests of the public health, safety and general welfare of the people of
the Town.
n
I
2
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO,
A. The Amendment together with the Preliminary Subdivision Plan
for the Property (see Town of Avon Resolution Number 01-09)-
and Administrative Amendment No. 1 for the PUD establishes a
site specific development plan for the Property and vested property
rights pursuant to Article 68 of Title 24, C.R.S., as amended.
B. The Amendment is hereby approved, and the Town shall enter into
it and perform its obligations.
C. The Mayor of the Town is hereby directed to sign the Amendment
on behalf of the Town.
D. Within fourteen (14) days after passage on Second Reading of this
Ordinance, the Town Clerk is hereby authorized and directed to:
Publish the full text of this Ordinance in a newspaper of
general circulation within the Town; and
2. Concurrently with the publication required in Section D.1.
above, publish a notice advising the general public that
approval of the Amendment pursuant to this Ordinance,
together with separate approval of the Preliminary
Subdivision Plan for the Property, and of Administrative
Amendment No. 1 for the PUD, constitutes approval of a
site specific development plan establishing a vested
property right in accordance with the terms and conditions
of the Amendment and pursuant to Article 68 of Title 24,
C.R.S., as amended.
The effective date of this Ordinance shall be seven (7) days after publication of the notice
described in Section D.1. above.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
PUBLISHED this 23rd day of October, 2001 and a public hearing on this ordinance
shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado,
on the 13'' day of November 2001, at 5:30 p.m. in the Avon Municipal Complex, 400
Benchmark Road, Avon, Colorado.
E
Town of Avon, Colorado
Town Council
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED, this 13th day of November, 2001.
Town of Avon, Colorado
Town Council
E
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
APPROVED AS TO FORM:
Town Attorney
n
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4
• Exhibit A •
FIRST AMENDMENT
® TO ANNEXATION AND DEVELOPMENT AGREEMENT
This FIRST AMENDMENT TO ANNEXATION AND DEVELOPMENT
AGREEMENT this First Amendment. _ is made _as of 2001,
b and
between TRAER CREEK LLC, a Colorado limited liability company ("Traer"), EMD LIMITED
LIABILITY COMPANY, a Colorado limited liability company ("EMD"), TRAER CREEK
METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the
State of Colorado (the "District"), and the TOWN OF AVON, a municipal corporation of the
State of Colorado (the "Town").
RECITALS
A. The Town previously executed that certain Annexation and Development
Agreement dated as of October 13, 1998, and recorded in the Eagle County, Colorado, real
property records at Reception No. 677743 on November 25, 1998 (the "Original Agreement").
The Original Agreement pertains to certain real property generally known as The Village (at
Avon) and more particularly described in Exhibit A attached to the Original Agreement (the
"Property). The Property was then owned by EMD, PVRT NOTT I LLC, PVRT NOTT II LLC
and PVRT NOTT III LLC (the "Original Parties"), each of which was a signatory of the Original
Agreement and which, collectively, constituted the "Owner" as that term was used in the
Original Agreement. Subsequently, the other entities comprising the original "Owner" were
® merged into EMD, which became the sole "Owner" as that term is used in the Original
Agreement.
B. Pursuant to Section 1.4 of the Original Agreement, EMD has specifically granted
to Traer, in writing, the right to amend the Original Agreement as to all of the Property except
Planning Area M, with respect to which EMD retains the right to amend the Original Agreement.
C. The District has been formed in order to finance and construct certain
infrastructure improvements and to perform certain other obligations of the Owner under the
Original Agreement. Pursuant to Sections 4.4 and 6.9 of the Original Agreement, the District
wishes to execute and be a party to this First Amendment in order to assume in writing certain
obligations of the Owner under the Original Agreement.
D. The Town, Traer, EMD and the District desire to modify certain terms and
conditions of the Original Agreement as set forth in this First Amendment.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual covenants
and agreements of the Town, Traer, EMD and the District, as more particularly set forth herein,
and in consideration of other good and valuable consideration the receipt and sufficiency of
which is hereby acknowledged, the Town, Traer, EMD and the District covenant and agree as
0 follows:
492674.12 MLAYHR 10/4/019:04 AM
•
E
1. Defined Terms. Unless otherwise defined in this First Amendment, capitalized
terms used herein shall have the meanings ascribed to them in the Original Agreement.
2. Amendments. The Original Agreement is hereby modified as follows:
---- (a) Section-1.1.10 is amended and restated to read in its entirety as follows:
District: The Traer Creek Metropolitan District, a quasi-municipal
corporation and political subdivision of the State of Colorado, which is one of the Special
Districts referred to in Section 4.4. All references to the term "Districts," or to the phrase
"one or more of the Districts," shall be construed as a reference to the Traer Creek
Metropolitan District.
(b) A new Section 1.1.14(a) is inserted to read in its entirety as follows:
EMD: EMD Limited Liability Company, a Colorado limited liability
company.
(c) Section 1.1.26 is amended and restated to read in its entirety as follows:
Owner: Collectively, EMD, Traer and their respective successors and
With respect to those obligations of Owner which the District has expressly
ns
ssi
.
a
g
dertaken and assumed pursuant to Sections 4.4 and 6.9, references to the term "Owner"
un
shall be construed to be references to the District only, and not as references to EMD
and/or Traer.
(d) An v Section 1.1.26(4) is inserted to read in its entirety as follows:
Phase 1 Improvements: As defined in Section 4.3(b)(i).
(e) A new Section 1.1.26(b) is inserted to read in its entirety as follows:
Phase 2 Improvements: As defined in Section 4.3(b)(ii).
(f) A new Section 1.1.26(c) is inserted to read in its entirety as follows:
Phase 3 Improvements: As defined in Section 4.3(b)(iii).
(g) A new Section 1.1.26(d) is inserted to read in its entirety as follows:
Phase 4 Improvements: As defined in Section 4.3(b)(iv).
(h) Section 1.1.32 is amended and restated to read in its entirety as follows:
Public Improvement Companies: As defined in Section 4.4.
492674.12 MLAYn 10/"18:04 AM 2
•
•
(i) A new Section 1.1.34(a) is inserted to read in its entirety as follows:
PUD Development Plan Administrative Amendment No. 1: As approved
by the Town on June _, 2001, the development plan for the Project which amends in its
entirety the Sketch/PUD Development Plan.
(j) Section 1. 1.43 is amended and restated to read in its entirety as follows:
Sketch/PUD Development Plan: The Village (at Avon) PUD
Development/Sketch Plan for the Project, prepared by Peter Jamar Associates, Inc., and
submitted to the Town on July 10, 1998, as approved by the Town and as amended in its
entirety by the PUD Development Plan Administrative Amendment No. 1 and any
approved future amendments thereto. Unless the context clearly indicates otherwise, all
references to the term "Sketch/PUD Development Plan" shall be construed as a reference
to the PUD Development Plan Administrative Amendment No. 1 and any approved
future amendments thereto.
(k) A new Section 1.1.43(a) is inserted to read in its entirety as follows:
Special Districts: Traer Creek Metropolitan District and The Village
Metropolitan District.
(1) A new Section 1.1.48(a) is inserted to read in its entirety as follows:
is Traer: Traer Creek LLC, a Colorado limited liability company.
(m) Section 4.2 is amended and restated to read in its entirety as follows:
4.2 I-70 Improvements and Development Limitations. The District
shall diligently pursue obtaining the necessary permits to facilitate the establishment and
construction of the Interstate 70 Improvements, consisting of (i) a full diamond
interchange on Interstate 70 (the "Interstate 70 Interchange") serving the proposed road
that will cross Interstate 70, as such road is depicted in the PUD Development Plan
Administrative Amendment No. 1, and (ii) a road designed, in accordance with the road
standards set forth in Section 1.5 of the PUD Guide, to connect the Interstate 70
Interchange to Highway 6 as depicted in the PUD Development Plan Administrative
Amendment No. 1 (the "Highway 6 Connector Road"), which Highway 6 Connector
Road shall include, subject to obtaining all required permits and approvals, a roundabout
at the intersection of Highway 6 and such Highway 6 Connector Road. The Town will
cooperate (without any obligation to incur any out-of-pocket expenses to third parties
that are not reimbursed by the District) with the District to cause completion of
construction of the Interstate 70 Improvements by a target date of June 15, 2003 (the
"Interstate 70 Completion Date'). At or prior to the time that CDOT so requires, the
District shall provide to CDOT security in the form of a completion bond or in such
other form acceptable to CDOT to ensure that adequate funds are available for
completion of the Interstate 70 Interchange. The District shall deliver to the Town
quarterly reports of the status of the permitting process. Development within the
492674.12 MLAYBR 10/4/01 8:04 AM 3
• •
Property prior to completion of the Interstate 70 Improvements shall be subject to the
following provisions:
(a) Prior to the District completing construction of the
Interstate 70 Improvements, Owner shall be entitled to apply for and receive from the
Town building permits and certificates of occupancy for forty percent- (40%) of-the-
Dwelling Units permitted under the Development Plan and three hundred fifteen
thousand (315,000) square feet of Commercial Space. If the Interstate 70 Improvements
are not completed by the Interstate 70 Completion Date, then the Town shall have no
obligation to issue building permits for development in excess of the foregoing numbers
after the Interstate 70 Completion Date until the Interstate 70 Improvements have been
completed. However, if the Town issues a building permit which, upon completion of
construction, will result in more than two hundred sixty thousand (260,000) square feet
of constructed Commercial Space, cumulatively, within the Property, then the District
shall have commenced construction of the Interstate 70 Interchange prior to the Town
being obligated to issue any certificate of occupancy which will result in the occupancy
of more than two hundred sixty thousand (260,000) square feet of constructed
Commercial Space, cumulatively, within the Property.
(b) Except as described in subparagraph (a) of this Section 4.2,
the Town shall have no obligation to issue building permits or certificates of occupancy
for Dwelling Units or Commercial Space until construction of the Interstate 70
Improvements is completed. If (A) construction of any Dwelling Units or Commercial
Space other than that described in subparagraph (a) of this Section 4.2 has been
commenced but has not been completed on the Interstate 70 Completion Date, and
(B) the Interstate 70 Improvements have not been completed by such Interstate 70
Completion Date, then, upon receiving written notice from the Town, the Owner shall
cease construction of such Dwelling Units or Commercial Space, as the case may be.
Notwithstanding the foregoing, upon written request of Owner, the Town may consent
to issue building permits in excess of the restrictions set forth above and permit
construction on projects in progress to continue to completion, and issue certificates of
occupancy, past the Interstate 70 Completion Date, which consent shall not be
unreasonably withheld or delayed.
(n) Section 4.3(b) is amended and restated to read in its entirety as follows:
(b) Subject to timely obtaining the necessary rights-of-way and
permits, the District shall cause East Beaver Creek Boulevard to be connected to the
western boundary of the Property and extended through the Property to the Highway 6
Connector Road (the "East Beaver Creek Boulevard Improvements"). The Town will
timely obtain and make available to the District all property and rights-of-way required
for the East Beaver Creek Boulevard Improvements and the out-of-pocket costs incurred
by the Town in purchasing or otherwise obtaining such property and rights-of-way shall
be reimbursed by the District. Construction of the East Beaver Creek Boulevard
improvements shall occur in phases, as set forth below:
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492674.12 ML.AYER 1014/01 8:04 AM 4
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(i) Phase 1 of the East Beaver Creek Boulevard Improvements
(the "Phase 1 Improvements") shall consist of the construction of a
temporary, non-public extension of an all-weather surface (dust free)
service road (portions of the paved surface of the abandoned airport
runway may be used) from the western boundary of the Property to the
- - - Highway 6 Connector Road. Such- extension---shall--be- used-- fog
construction traffic only, which construction traffic on the non-public
service road shall not be subject to the Town's ordinances pertaining to
vehicular weight restrictions. Construction traffic shall be subject to the
Town's ordinances pertaining to vehicular weight restrictions upon
issuance of the first certificate of occupancy (temporary or final) issued
for an improvement within Planning Areas K or L. Subject to the Town's
timely issuance of the requisite permits, the District shall employ
commercially reasonable efforts to cause completion of the Phase 1
Improvements prior to commencement of any vertical construction within
Planning Area K or Planning Area L.
(ii) Phase 2 of the East Beaver Creek Boulevard Improvements
(the "Phase 2 Improvements") shall consist of (A) converting the Phase 1
Improvements to a two (2) lane paved temporary surface, and (B) a
two (2) lane paved temporary surface connecting Chapel Place to the
Phase 1 Improvements. Subject to the Town's timely issuance of the
requisite permits, the District shall complete the Phase 2 Improvements by
not later than the date on which the Town issues the first certificate of
occupancy for Commercial Space within Planning Area K or Planning
Area L.
(iii) Phase 3 of the East Beaver Creek Boulevard Improvements
(the "Phase 3 Improvements") shall consist of the following improvements
to the segment of East Beaver Creek Boulevard between the western
terminus of Beaver Creek Place and the western boundary of The Village
(at Avon): (A) construction of a two-lane roadway with a third auxiliary
lane at intersections and access points; (B) streetscape improvements to
the segment between the western terminus and the eastern terminus of
Beaver Creek Place, which improvements shall be in general conformance
with the East Beaver Creek Boulevard Streetscape Improvement Plans
dated April 2000, prepared by Inter-Mountain Engineering, Ltd. for the
Town of Avon; and (C) streetscape improvements to the segment between
- - the eastern terminus of Beaver Creek Place and the western boundary of
The Village (at Avon), which improvements shall be in general
conformance with the streetscape improvements within Planning Area A.
Subject to the Town's timely issuance of the requisite permits, the District
shall commence the Phase 3 Improvements by April 15, 2005, and shall
employ commercially reasonable efforts to cause completion of the
Phase 3 Improvements on or before December 31, 2005; provided,
however, that in the event of an earlier re-subdivision of any area within
Planning Areas A through F, inclusive, within The Village (at Avon)
492674.12 MLAM 1014f l8:04AM 5
•
Filing No. 1, the District shall commence the Phase 3 Improvements by
April 15, and shall employ commercially reasonable efforts to cause
completion thereof by December 31, of the year immediately following
the recordation of any final subdivision plat which re-subdivides any such
area.
(iv) Phase 4 of the East Beaver Creek Boulevard Improvements
(the "Phase 4 Improvements") shall consist of converting the Phase 2
Improvements from temporary to permanent by the construction of (A) a
permanent extension from the east terminus of Beaver Creek Place to the
Highway 6 Connector Road in accordance with the road standards set
forth in Section 1.5 of the PUD Guide, and (B) final design and
construction of a connection to Chapel Place. The District shall cause the
Phase 4 Improvements to be commenced and completed in accordance
with the subdivision process involving Planning Areas A through J,
inclusive.
(o) Section 4.3(c) is amended and restated to read in its entirety as follows:
(c) Subject to all necessary permits and approvals having been
issued for the following described roadway improvements, which permits and approvals
the District shall diligently pursue, the District shall construct a two-lane paved general
circulation road with grades not exceeding ten percent (10%) and otherwise in
accordance with the road standards set forth in Section I-5 of the PUD Guide, which road
shall extend easterly from the point where Swift Gulch Road terminates in Planning Area
RMF-2 to the road designed to pass under Interstate 70 and serve Planning Areas RMF-1,
RMF-3 and Residential Lot 1 and Lots 6-96 (the "Swift Gulch Road Improvements').
The Swift Gulch Road Improvements shall be completed at the time of completion of the
Interstate 70 Improvements, and shall include six foot (6') wide paved shoulders on both
sides, or, in lieu thereof, if mutually agreed upon by the District and the Town, a ten foot
(10') wide paved bike / pedestrian path on one side of the road, which shall be separated
from the roadway. Within sixty (60) days after receipt of an itemized statement and
supporting documentation for such costs, the Town shall reimburse the District for the
full cost of paving the six foot wide shoulders, based on the unit cost of asphalt paving
for the Swift Gulch Road Improvements.
(p) Section 4.3(d) is amended and restated to read in its entirety as follows:
(d)_ __- Within__thirty_(M days after the Town's issuance of the
first certificate of occupancy (temporary or final) for any improvement within Planning
Areas K or L, Owner shall convey to the Town a parcel of land which is described as
"Lot 5, The Village (at Avon) Filing 1" in the final plan submittal package which Owner
submitted to the Town on June , 2001. Upon Owner's determination of the
location and subsequent to the recordation of a final plat for the relevant Planning Area,
Owner shall convey to the Eagle River Fire Protection District a parcel of land to be used
exclusively for construction and operation of a fire protection facility, which shall consist
of approximately one buildable acre in a location designated by Owner, and which may
492674.12 MLAYER 1014101 8:04 AM 6
•
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be located within Planning Area N or an "OS" or "P" Planning Area The foregoing
dedications constitute, collectively, the "Public Works Dedication." Construction and
operation of the public works facility and the fire protection facility shall comply with the
terms of the Development Plan and architectural standards and design guidelines
_ _--established_bythe Design Review Board. In compliance with any such design guidelines,
but at least ninety (90) days prior to commencing construction of any improvvements- on
any such site or sites, the Town or the Eagle River Fire Protection District, as applicable,
shall deliver to the Design Review Board copies of plans for such improvements. Owner
or the District may at its sole option and at its sole expense, upgrade all or any portion of
the exteriors of such improvements.
(q) Section 4.30) is amended and restated to read in its entirety as follows:
0) The District shall include in its first bond issue proceeds of
no less than the amount reasonably estimated by the District to be the cost of constructing the
Interstate 70 Interchange, which proceeds shall be dedicated to paying the costs of constructing
such Interstate 70 Interchange. If, at the time of the District's first bond issue, it is not
reasonably anticipated by the District and the Town that the Interstate 70 Interchange will be
completed within three (3) years, the District may, with the approval of the Town, delay issuance
of the Interstate 70 Interchange portion of such issue to avoid adversely affecting the federal
income tax exemption of interest on the bonds, but only until such time as completion of the
Interstate 70 Interchange is reasonably anticipated by the District and the Town to occur within
three (3) years. Such bond proceeds shall be deposited into an escrow account to, among other
things, ensure to the Town that, if the District fails to apply such bond proceeds toward purchase
of a CDOT completion bond or as other security to CDOT as contemplated in Section 4.2, or
otherwise towards construction of the Interstate 70 Interchange, the Town will have access to
such proceeds for such purposes. The Town acknowledges, however, that if the District provides
to CDOT the completion bond or other security acceptable to CDOT with respect to completion
of the Interstate 70 Interchange as contemplated by the last sentence of Section 4.2, the District
shall have no obligation to also provide separate security to the Town with respect to completion
of the Interstate 70 Interchange.
(r) Section 4.4 is amended and restated to read in its entirety as follows:
4.4 Public Facilities. Owner has created two public improvement
companies having as members all property owners within the Project (collectively, the
"Public Improvement Companies") and two special districts (collectively, the "Special
Districts") to facilitate financing and development of the infrastructure improvements and
public facilities of the Project, including, without limitation,_ development of the road and
utility improvements contemplated by the Development Plan. Owner reserves the right
to create such additional public improvement companies and/or special districts as may
be necessary or desirable from time to time, and the Town shall reasonably cooperate
with Owner with respect to the creation of such additional entities. The formation
documents of the Public Improvement Companies and the Special Districts, together with
contracts entered into by and between the Public Improvement Companies and the
Special Districts, require the Public Improvement Companies and the Special Districts to
honor their obligations under this Agreement, including the obligation of the Public
492674.12 MLAYER 10/4!01 8:04 AM 7
Improvement Companies to remit to the Special Districts the portion of the Project Fees
equal to the corresponding Town tax. Accordingly, the Public Improvement Companies
have established the mechanisms for imposing and collecting within the Property the
Project Fees as contemplated in Section 4.5. The District will provide public facilities
and services that the Town might otherwise have to provide, and has entered into
- - - contractual arrangements with-the PublicImprovement Companies _with _respect to the
performance and financing of such obligations. The Town shall cooperate with the
operation of the Special Districts, and with the implementation of the financing,
development and maintenance of the public facilities for the Project.
Pursuant to Section 4.11, the Public Improvement Companies shall keep
sufficient records with respect to assessment and collection of the Project Fees, and shall
require the filing of returns by the appropriate business or person with respect thereto, to
ensure that there will be an adequate audit trail with respect to the matters addressed in
this Section 4.4 and in Section 4.5. If the Public Improvement Companies are unable to
collect any portion of the Project Fees due to delinquency, deficiency, or failure to file,
the Public Improvement Companies may promptly notify the Town in writing, and the
Town shall institute the procedures authorized under the Municipal Code to enforce and
collect the corresponding Town tax, interest, penalties and costs. The Town shall then
remit such tax revenues to the Public Improvement Companies or to the District, subject
to the following conditions: (a) the Town shall retain an amount equal to its costs
incurred in enforcing its collection of taxes under the Municipal Code, as well as an
administrative fee equal to [20%] of any tax and/or penalty actually collected; (b) the
obligation is subject to any prior lien on such Town taxes securing the Town's sales tax
revenue bonds outstanding as of the date of the Original Agreement; (c) the Town will
have no responsibility to collect any increment of the Project Fees which is in excess of
the corresponding Town tax or which is assessed against any transaction that is exempt
from the corresponding Town tax under the Municipal Code as then in effect; and (d) the
Town does not guarantee or insure that it will be able to collect any delinquent or
deficient Project Fees. Under no circumstances shall the Town be subject to any legal
liability to the Public Improvement Companies or to the Special Districts on account of
the Town's failure to collect some or all of the delinquent or deficient Project Fees on
behalf of such entities.
The Town acknowledges that if the person or entity which failed to timely
pay such Project Fee subsequently remits such Project Fee to the Public Improvement
Company, such payment shall result in the application of a simultaneous credit against
such person or entity's tax obligation, which credit shall fully satisfy any corresponding
tax liability to the Town.-The Town shall nevertheless be entitled to recover from the
Public Improvement Company the administrative fee and any costs incurred in the
enforcement and recovery of such Project Fees.
(s) The initial three sentences of Section 4.5 are amended and restated to read
in their entirety as follows (all other sentences of Section 4.5 being unaffected hereby):
The applicable Public Improvement Company may assess a sales and/or
use fee on certain transactions occurring, and products used or consumed, within the
492674.12 MLAYU 10/4!01 6:04 AM 8
• •
Project, including any retail sales occurring and/or building materials used within the
Project (such sales and/or use fees constituting, collectively, the "Retail Sales Fee"), and
a real estate transfer fee on certain transfers of real property within the Project (the "Real
Estate Transfer Fee"), and an accommodations/lodging fee on certain lodging
accommodations transactions within the Project (the "Accommodations/Lodging Fee").
The portion of the proceeds of such Retail-Sales Fee, Real-Estate-Transfer-Fee andany
Accommodations/Lodging Fee which is equal to the corresponding Town tax shall be
pledged and remitted to one or more of the Districts, and any portion if such fees which
exceeds the amount of the corresponding Town tax may be retained by the applicable
Public Improvement Company, in either case to be applied toward payment of
infrastructure and public facilities costs for ongoing operation, maintenance and
administrative expenses of the Project, including, without limitation, contractual
obligations of such Districts to the Town. Subject to the provisions set forth below, so
long as the Public Improvement Company imposes such Retail Sales Fee, Real Estate
Transfer Fee and/or Accommodations/Lodging Fee, in consideration therefor and for the
remittance and application of proceeds from such Project Fees toward payment of the
costs of providing and maintaining infrastructure improvements and public facilities for
the Project as provided herein, the Town shall waive with respect to transactions
occurring within the Project imposition of the corresponding retail sales taxes, use taxes,
real estate transfer taxes and accommodations/lodging taxes otherwise applicable within
the Town, except any sales or accommodations tax increases duly adopted by the Town
after the date of this Agreement, the proceeds of which increases are dedicated to specific
projects identified in connection with such adoption.
(t) Section 4.10(a)(iii) is amended and restated to read in its entirety as
follows:
(iii) The Property is included within the boundaries of, and is subject to
property tax assessment for, the Eagle River Fire Protection District.
Accordingly, the Town shall not include within any Municipal Services Invoice,
and neither Owner nor the District shall have any obligation to the Town for, any
assessment of cost for regional fire protection services.
(u) Section 4.10(a)(vi)(B) is deleted in its entirety.
(v) Section 4.10(a)(vii) is amended and restated to read in its entirety as
follows:
(vii) the sum of all charges described in clauses (i) through
(vi) above with respect to a particular Municipal Services Invoice
shall constitute the total amount due to the Town from the Project
and the Property with respect to the Town's provision of the
Municipal Services for the applicable year (each, a "Required
Municipal Services Payment").
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492674.12 MLAYM 10/"l 9:04 AM 9
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(w) The introductory sentence of Section 4.13 and subparagraph (a) of Section
4 .13 are amended and restated to read in their entirety as follows (subparagraph (b) of
Section 4.13 being unaffected hereby):
4.13 Design Review. Owner shall establish a design
-- -- ---- - review board to- review for conformity-with the-PJD- Guide- and
applicable covenants, conditions and restrictions development
proposals for the Property or any portion of the Property (the
"Design Review Board").
(a) The Design Review Board shall consist of
not more than five (5) members, one (1) of whom shall be a
member of the Town's Planning and Zoning Commission
designated by the Town from time to time, and the remainder of
whom shall be appointed as provided in the governing documents
of the Design Review Board.
(x) A new Section 4.14(f) is inserted to read in its entirety as follows:
(f) If the District becomes liable for payment to the Town of the
applicable annual shortfall as described above because either Wal-Mart or City Market,
or both, have vacated their respective present sites within the Town and relocated to a site
within the Property, and if either Wal-Mart or City Market, or both, subsequently cease
for any reason to operate in a site within the Property, then the applicable District shall
thereupon be relieved from any further obligation or liability to the Town with respect to
any further payment of the applicable annual shortfall even though such vacated space
within the Property may later be occupied by a business that is substantially similar to
Wal-Mart or City Market, as the case may be, but is unrelated to such entity; provided,
however, that regardless of any change in ownership or change in the trade name used for
the business, neither Wal-Mart nor City Market will be considered to have ceased to
operate within the Property for so long as the business operation continues in a
substantially similar form to that operated by Wal-Mart or City Market, as applicable, if
such operation is conducted under the same or another name by an affiliate, parent or
subsidiary of Wal-Mart and/or City Market, respectively.
(y) Pursuant to the terms of Section 6.8, the parties hereby designate the
following addresses for notice or communication in substitution of the addresses
originally set forth in Section 6.8 (the substantive provisions of Section 6.8 being
unaffected hereby):
492674.12 MLAYER 10/4/018:04 AM 10
If to Town:
Town of Avon
P.O. Box 975
400 Benchmark Road
Avon,-Colorado-8162Q
Attn: Town Manager
With a copy to:
Town of Avon
P.O. Box 975
400 Benchmark Road
Avon, Colorado 81620
Attn: Town Attorney
If to Owner by mail delivery:
Traer Creek LLC
EMD Limited Liability Company
P.O. Box 640
Vail, Colorado 81658
Attn: William J. Post, Esq.
Or, for delivery other than by mail:
Traer Creek LLC
EMD Limited Liability Company
0322 East Beaver Creek Blvd.
Avon, Colorado 81620
Attn: William J. Post, Esq.
With a copy to:
Often, Johnson, Robinson, Neff & Ragonetti, P.C.
950 17th Street, Suite 1600
Denver, Colorado 80202
Attn: Thomas J. Ragonetti, Esq.
Munsey L. Ayers, Esq.
If to the District:
Traer Creek Metropolitan District
c/o McGeady Sisneros, P.C.
1675 Broadway, Suite 2100
Denver, Colorado 80202
Attn: Darlene Sisneros, Esq.
M674.12 MUYU 10J4J018:04AM 11
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3. District's Assumption of Obligations; Release. By its execution of this First
Amendment, and subject to the limitations set forth below, the District ratifies and assumes each
and every obligation of the District and/or Districts as set forth and described in any provision of
the Original Agreement, as contemplated in Sections 4.4 and 6.9 of the Original Agreement. The
Town acknowledges that, pursuant to Section 6.9 of the Original Agreement, the District's
-- foregoing- express- assumption of such obligations operates to -relieve EMD and Traer of any
further obligations under the Original Agreement, as modified by this First Amendment, with
respect to those matters which the District has assumed. The Town further acknowledges that
the District's assumption of such obligations is subject to annual budget and appropriation, and is
subordinate to any bonds issued by the District.
4. Effect of Amendment. Except as expressly modified by this First Amendment,
the Original Agreement is unmodified, and is hereby ratified and affirmed, and shall remain in
full force and effect in accordance with its terms. If there is any inconsistency between the terms
of the Original Agreement and the terms of this First Amendment, the provisions of this First
Amendment shall govern and control.
5. _Authority to Amend; Vesting of Property Rights. In accordance with the terms
and conditions of Section 1.4 of the Original Agreement, the Town's approval of this First
Amendment is subject to the public notice and public hearing procedures required for approval
of the Original Agreement. Because the Original Agreement constitutes a site specific
development plan which established statutory vested property rights pursuant to Article 68 of
Title 24, C.R.S., as amended, and because this First Amendment is an amendment thereto, the
Town shall adopt an ordinance ratifying this First Amendment and shall cause publication of the
notice described in Section 24-68-103(1), C.R.S., as amended. Pursuant to Section 17.14.050 of
the Municipal Code:
Approval of this plan constitutes a vested property right pursuant to
Article 68 of Title 24, C.R.S., as amended.
6. Governing Law. This First Amendment shall be governed by and construed in
accordance with the laws of the State of Colorado.
7. Counterparts. This First Amendment may be executed in one or more
counterparts, each of which shall be deemed to be an original, and all such counterparts taken
together shall constitute one and the same instrument.
492674.12 ML4YU 10/4MI 8:04 AM 12
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I
IN WITNESS WHEREOF, the Town and Owner have executed this First
Amendment as of the day and year first above set forth.
OWNER:
TRAER CREEK LLC, a Colorado limited liability
company
By:
Name: Magnus Lindholm
Title: Manager
EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company
By: LAVA CORPORATION, a Colorado
corporation, its Manager
Bv:
Name: Magnus Lindholm
Title: President
THE DISTRICT:
TRAER CREEK METROPOLITAN DISTRICT, a
quasi-municipal corporation and political
subdivision of the State of Colorado
Bv:
Name: William J. Post
Title: President
E
ATTEST:
By:
Name:
Title: Secretary
492674.12 MLAYER 10/4/01 8:04 AM 13
THE TOWN:
TOWN OF AVON, a municipal corporation of the
State of Colorado
Name:
Title: Mayor
Approved as to legal form by:
Name:
Title: Town Attorney
492674.12 MLAYER 10/"18:04 AM 14
C
STATE OF COLORADO
COUNTY OF
STATE OF COLORADO
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2001, by Magnus Lindholm as Manager of Traer__Creek LLC,- a Colorado
limited liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
n
LJ
)
ss:
ss:
The foregoing instrument was acknowledged before me this day of
, 2001, by Magnus Lindholm, as President of LAVA Corporation, a Colorado
corporation, as Manager of EMD Limited Liability Company, a Colorado limited liability
company.
Witness my hand and official seal.
My commission expires:
Notary Public
E
492674.12 MLAYER 10/4101 9:04 AM
15
I
STATE OF COLORADO )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2001, by William J. Post as President of Traer Creek Metropolitan -District, a
quasi-municipal corporation and political subdivision of the State of Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO
ss:
COUNTY OF )
The foregoing instrument was acknowledged before mast is
Mayor of the day of
Town
2001, by
of Avon, a municipal corporation of the State of Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
492674.12 MLAYaR 10/4/01 8:04 AM 16
• Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Norm Wood, Town Engineer
Ruth Borne, Director of Community Development
Date October 4, 2001
Re: First Amendment to Annexation and Development Agreement between
Traer Creek LLC ("Traer), EMD Limited Liability Company ("EMD"),
Traer Creek Metropolitan District and the Town of Avon
Summary: The purpose of this memo is to outline the changes from the original
Annexation and Development Agreement ("Original Agreement") dated October 13,
1998 and the proposed First Amendment to Annexation and Development
Agreement ("First Amendment") for the Village at Avon. The document is being
revised to reflect the different development scenarios that have occurred.
In any areas where the First Amendment is not modifying the Original Agreement,
then the Original Agreement will remain in force and effect.
Parties to the Agreement: The Original Agreement was between EMD Limited
Liability Company, PVRT NOTT I LLC, PVRT NOTT II LLC, PVRT NOTT III LLC,
collectively known as the Owner and the Town of Avon. The First Amendment
indicates that the other entities were merged into EMD Limited Liability Company,
which has become the sole Owner.
In addition, EMD has specifically granted the right to Traer Creek LLC ("Traer") to
amend the Original Agreement as to all of the Property with the exception of Planning
Area M, which is comprised of approximately 47 acres for regional commercial
development.
Traer Creek Metropolitan District has been created to finance and construct
infrastructure improvements, including public facilities consistent with the terms of the
Original Agreement. All references to the term District shall now be construed to
apply to Traer Creek Metropolitan District.
PUD Development Plan: The Original Agreement referred to the Sketch/PUD
Development Plan dated October 9, 1998, which has been amended by PUD
Development Plan Administrative Amendment No. 1 to indicate the appropriate street
alignments and planning areas. The First Amendment appropriately references the
changes to the PUD.
1-70 Improvements: The Original Agreement, Section 4.2 required the 1-70
Interchange to be completed within four (4) years after the date of either the issuance
of the first building permit for construction or six (6) months after date of Final
Approval, whichever occurred first. That date was April 13, 2003.
The First Amendment requires the Traer Creek Metropolitan District ("District") to
complete construction of the 1-70 improvements by June 15, 2003, which is now
referred to as "Interstate 70 Completion Date".
Both the Original Agreement and the First Amendment require the District to provide
CDOT with security in the form of a completion bond or in such other form acceptable
to CDOT to ensure that adequate funds are available for completion of the 1-70
Interchange. Both agreements also require quarterly reports of the status of the
permitting process be provided to the Town.
The Original Agreement further permitted the Owner to complete construction of up
to 40% of the dwelling units and 40% (260,00 square feet) of the commercial space
prior to completing construction of the 1-70 Interchange.
The First Amendment allows the Owner to receive building permits for 40% of the
dwelling units and 315,000 square feet of commercial space until the Interstate 70
Completion date of June 15, 2003. No certificate of occupancy will be issued for
commercial space in excess of 260,000 sq. ft. if construction for the 1-70
Improvements has not commenced.
East Beaver Creek Boulevard Improvements: The First Amendment has broken
down the East Beaver Creek Boulevard Improvements into phases. The phasing of
the improvements was not addressed in the Original Agreement.
Phase 1 consists of a temporary (non-public) service road for construction traffic only •
which will connect at the Highway 6 Connector Road. The Phase 1 improvements
should be completed prior to vertical construction in Planning Areas K and L (big box
pad sites).
Phase 2 Improvements consist of paving the two-lane temporary road and
connecting a paved temporary road to Chapel Place. The Phase 2 improvements
should be completed no later that the issuance of the first certificate of occupancy for
Planning Areas K and L.
Phase 3 Improvements include constructing a two-lane road and streetscape
improvements to connect Beaver Creek Place and East Beaver Creek Boulevard
consistent with the Town's East Beaver Creek Streetscape Improvements Plans.
The District must commence these improvements by April 15, 2005 and complete by
December 31, 2005. The Phase 3 Improvements must be completed earlier in the
event there is any further subdivision in Planning Areas A-F.
Phase 4 Improvements shall consist of converting the Phase 2 improvements to
permanent roads. "
K Page 2
is
Swift Gulch Road Improvements: The Original Agreement allowed for a one
lane gravel or paved road until the 1-70 Interchange was completed. After the
Interstate 70 Improvements were substantially completed, then the Council could
notify the Owner that the road be either an emergency access road or a two-lane
paved general circulation road. There is no language regarding reimbursement
for any of these costs.
The First Amendment requires the Swift Gulch Road Improvements be completed at
the time of completion of the 1-70 Improvements which include a two lane paved
general circulation road with either six (6"0") wide paved shoulders on each side or a
separated ten (10'0") wide paved bike/pedestrian path one side of the road. The
Town is required to reimburse the District for the cost of the paved shoulder upon
receipt of proper documentation.
Public Works Site: The Original Agreement required the Owner or the District to
convey when required for use by the Town up to three (3) parcels resulting in an
aggregate of four (4) buildable acres south of 1-70 for a public works facility and fire
station site. No single parcel was greater than two (2) buildable acres. The First
Amendment requires the District to convey the public works site, which is four (4)
total acres and known as Lot 5, Filing 1 within thirty days after issuance of the first
certificate of occupancy for any improvements within Planning Areas K and L.
Fire Station and Fire Protection: The First Amendment references the creation of
the Eagle River Fire Protection District ("ERFPD") and recognizes that the District is
no longer liable to the Town for fire protection services. ERFPD will also receive one
acre for fire station facilities in addition to the 4-acre Public Works site.
Security of Bond Issue Proceeds for 1-70 Interchange: The Original Agreement
required an IGA between the Town, the Owner, and CDOT to ensure completion of
the 1-70 Interchange. The First Amendment does not require an IGA but does
continue to require adequate assurance of the bond proceeds to cover the 1-70
Interchange improvements. The assurances include a construction performance
completion bond for the contractor for labor and materials; the sale of bonds will go
into escrow and administered by CDOT; and there is a liquidated damages clause in
the event work on the 1-70 Improvements is not satisfactorily completed within the
contract time.
Collection of Delinquent Fees: According to the First Amendment, the Public
Improvement Company may request the Town to assess delinquent Project Fees
(tax, interest, penalties and costs). The Town retains the costs for enforcing the
collection of taxes as well as an administrative fee equal to 20%. This provision was
not addressed in the Original Agreement.
Retail Sales Fee, Real Estate Transfer Fee and Accommodation/Lodging Fee:
This provision has been amended to allow for the portion of proceeds of Retail Sales
Fee, Real Estate Transfer Fee and Accommodation/Lodging Fee which is equal to
U
M Page 3
the Town tax to be pledged to District(s). Any portion of such fees that exceed the
Town tax will be remitted to the Public Improvement Company for payment of
infrastructure and public facilities. Initially the proceeds were only remitted to one or
more of the Districts.
Use Tax/Fee: The First Amendment now incorporates a provision, which
accommodates the possibility of imposing a use tax or fee.
Indemnity for Lost Tax Revenues for Wal-Mart and City Market: The First
Amendment clarifies the Original Agreement to protect the Town in the event either
City Market or Wal Mart, an affiliate, parent or subsidiary of these companies
relocates to the Village. The sales tax revenue is lost if either Wal Mart or City
Market relocates to a location other than the Village.
Attachment: First Amendment to Annexation and Development Agreement
9 Page 4
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Office of the Assistant Town Manager
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Lary Brooks, A.T.M.
Date: October 18, 20
Re: Resolution for Affordable Housing
Summary: The attached Resolution 01-30 will approve the Articles of Incorporation and
Bylaws for the affordable housing project proposed for the Village at Avon. The project will
provide 244 units in fifteen buildngs, and is funded by two separate financial mechanisms.
Four of the fifteen buildings (68 units) that comprise the project are being funded by thru a
"63-20" nonprofit corporation that will be known as the Buffalo Ridge Affordable Housing
Corporation. The remaining eleven buildings (176 units) are being funded separately
through private activity bonds.
By the adoption of Resolution 01-30, the Town will be sponsoring the debt for these 68 units,
but is not be obligated in any way for payment of the debt, nor is it classified as the Town's
debt. Upon payment of the debt in full, the Town of Avon will own the units (68) that were
built by the 63-20 non profit corporation. This same process was followed by the Town for
the Eaglebend and the Kayak Crossing projects.
Recommendations: Approve Resolution 01-30, approving the Articles of Incorporation
and Bylaws for the Buffalo Ridge Affordable Housing Corporation.
TOWN OF AVON, COLORADO
RESOLUTION NO.Ol-_30_
RESOLUTION— APPROVING THE A1MCLE`S- _ Oh--
INCORPORATION AND BYLAWS OF BUFFALO RIDGE
AFFORDABLE HOUSING CORPORATION.
WHEREAS, the Town Council (the "Council") of the Town of Avon, Colorado
(the "Town"), has determined that a nonprofit affordable housing corporation located within the
limits of the Town is necessary and desirable; and
WHEREAS, there has been drafted Articles of Incorporation and Bylaws for a
Colorado nonprofit corporation organized for the purpose of acquiring interests in real property
and to construct, install and operate certain improvements in the Town, which Articles and
Bylaws have been presented to this meeting and are attached as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, AS FOLLOWS:
1. _Approval of Bylaws, Articles of Incorporation and Incorporation. The
Council hereby approves the Articles of Incorporation and Bylaws of the "Buffalo Ridge
Affordable Housing Corporation" (the "Corporation") substantially in the form presented at this
meeting and approves the incorporation of said Corporation with such changes in said Articles of
Incorporation and Bylaws as are appropriate.
2. Board of Directors. The Council hereby confirms Gerald E. Flynn,
Larry E. Brooks, Allan Nottingham, Jeffery M. Spanel and James Telling as members of the
Board of Directors of the Corporation.
3. Obligations of Corporation Not Debt of Town. Any bonds or other
obligations issued by the Corporation are not debts or financial obligations of the Town, the State
of Colorado or any political subdivision thereof within the meaning of any provision or
limitation of the constitution or statutes of the State of Colorado, and will never constitute nor
give rise to a pecuniary liability of the Town or a charge against its general credit or taxing
powers. The Town shall have no obligation whatsoever to pay any bonds or other obligations
issued by the Corporation.
4. Severability. If any provision of this Resolution should be held invalid,
the invalidity of such provision shall not affect any of the other provisions of this Resolution, the
intention being that the various provisions hereof are severable.
5. Other Actions. The appropriate officers of the Town are hereby
authorized to execute and deliver, for and on behalf of the Town, any or all additional
\\\DE - 66374/8 - #129985 vl
I
certificates, documents and other papers and to perform all other acts they may deem necessary
or appropriate in order to implement and carry out the matters authorized in this Resolution and
in any resolution of the Corporation.
6. Effective Date; Repealer. This Resolution shall take effect immediately
upon its passage, and all acts, orders, resolutions, or parts thereof, taken by the Town in conflict
with this Resolution are hereby repealed or modified to the extent of such conflict.
ADOPTED AND APPROVED this _ day of October, 2001.
TOWN OF AVON, COLORADO
[SEAL]
Attest:
Town Clerk
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By:
Mayor
Exhibit A
ARTICLES OF INCORPORATION
r?
OF
BUFFALO RIDGE AFFORDABLE HOUSING CORPORATION
The undersigned adult natural person, acting as incorporator, hereby establishes a
nonprofit corporation pursuant to the laws of the State of Colorado governing nonprofit
corporations and adopts the following articles of incorporation:
FIRST: Name. The name of the corporation is Buffalo Ridge Affordable
Housing Corporation.
SECOND: Principal Office. The address of the initial principal office of the
corporation shall be 28 Second Street, No. 215, Riverwalk at Edwards, P.O. Box 2090, Edwards,
Colorado 81632, and may be changed as deemed appropriate by the Board of Directors of the
corporation.
THIRD: Duration. The corporation shall have perpetual existence.
FOURTH: (a) Purposes. The corporation is organized and shall be
operated exclusively on behalf of and for the benefit and in furtherance of the purposes of the
Town of Avon, Colorado, and the inhabitants thereof. All moneys realized by the corporation
shall be used exclusively for the operation, maintenance and development of property used to
provide decent, safe and sanitary housing at affordable rental rates to individuals or families of
low or moderate income, including payment of obligations of the corporation in connection
therewith. Any such property shall be located within the Town of Avon, Colorado or have a
substantial connection therewith.
(b) Powers. In furtherance of the foregoing purposes and
objectives and subject to the restrictions set forth in section (c) of this article, the corporation
shall have and may exercise all of the powers now or hereafter conferred upon nonprofit
corporations organized under the laws of Colorado and may do everything necessary or
convenient for the accomplishment of any of the corporate purposes, either alone or in
connection with other organizations, entities or individuals, and either as principal or agent,
subject to such limitations as are or may be prescribed by law.
(c) Restrictions on Powers.
(1) No part of the net earnings of the corporation shall
inure to the benefit of or be distributable to any director or officer of the corporation, or
any other private person (except that reasonable compensation may be paid for services
rendered to or for the benefit of the corporation affecting one or more of its purposes),
and no director or officer of the corporation, or any other individual, shall be entitled to 0
\\\DE - 66374/8 - #129986 vl
share in any distribution of any of the corporate assets on dissolution of the corporation or
otherwise.
(2) No substantial part of the activities of the
corporation shall consist of carrying on propaganda or otherwise attempting to influence
legislation. The corporation shall not part ici pate or intervene in (including the publishing
or distribution of statements) any political campaign on behalf of or in opposition to any
candidate for public office.
(3) All property of the corporation shall be owned for
the benefit of the Town of Avon, Colorado. Upon dissolution of the corporation, all
property of the corporation remaining after payment of or provision for all of its liabilities
shall be paid over or transferred to the Town of Avon, Colorado. This limitation shall not
restrict the ability of the corporation to pledge its property to secure the payment of its
obligations.
organized for profit.
(4) The corporation at all times shall be one not
FIFTH: Registered Office and Agent. The address of the initial registered
office of the corporation is P.O. Box 2090, 28 Second Street, No. 215, Riverwalk at Edwards,
Edwards, Colorado 81632. The name of its initial registered agent at such office is Gerald E.
Flynn. The consent of the initial registered agent to such appointment is being filed with the
Secretary of State in connection with these articles of incorporation.
SIXTH: Members. The corporation shall have no members, voting or
nonvoting.
SEVENTH: (a) Board of Directors. The management of the affairs of the
corporation shall be vested in a Board of Directors, except as otherwise provided in the laws of
the State of Colorado governing nonprofit corporations, these articles of incorporation or the
bylaws of the corporation. The number of directors, their classifications, if any, their terms of
office and the manner of their election or appointment shall be determined according to the
bylaws of the corporation from time to time in force.
(b) Liability of Directors. The personal liability of a director
to the corporation for monetary damages for any breach of fiduciary duty as a director is limited
to the fullest extent permitted by the laws of the State of Colorado, as the same exist or may
hereafter be amended, and as further provided in the bylaws of the corporation. Any repeal or
modification of this Article SEVENTH (b) shall be prospective only and shall not adversely
affect any right or protection of a director of the corporation under this Article SEVENTH (b), as
in effect immediately prior to such repeal or modification, with respect to any liability that would
have accrued, but for this Article SEVENTH (b), prior to such repeal or modification.
(c) Initial Board. Five directors shall constitute the initial
Board of Directors. Their names and addresses are as follows:
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Name Address
Larry E. Brooks Town of Avon
P.O. Box 975
Avon, Colorado 81620
Gerald E. Flynn Corum Real Estate Group, Inc.
P.O. Box 2090
28 Second Street, No. 215
Riverwalk at Edwards
Edwards, Colorado 81632
Allan Nottingham P.O. Box 5040
Avon, Colorado 81620
Jeffery M. Spanel Intermountain Engineering
P.O. Box 978
77 Metcalf Road
Avon, Colorado 81620
James Telling East West Partners
100 East Thomas Place
Avon, Colorado 81620
EIGHTH: Bylaws. The initial bylaws of the corporation shall be as adopted
by the Board of Directors. The Board of Directors shall have power to alter, amend or repeal the
bylaws from time to time in force and adopt new bylaws. The bylaws of the corporation may
contain any provisions for the regulation of management of the affairs of the corporation that are
not inconsistent with the law or these articles of incorporation, as these articles may from time to
time be amended. However, no bylaw at any time in effect, and no amendment to these articles,
shall have the effect of proprietary interest in the corporation's property or assets, whether during
the term of the corporation's existence or as an incident to its dissolution.
NINTH: Incorporator. The name and address of the incorporator is:
Gerald E. Flynn
P.O. Box 2090
28 Second Street, No. 215
Riverwalk at Edwards
Edwards, Colorado 81632
Dated:
Gerald E. Flynn, Incorporator
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AA\DE - 66374/8 - #129986 vl
CONSENT OF REGISTERED AGENT
0
The undersigned hereby consents to his appointment as initial registered agent for
Buffalo Ridge Affordable Housing Corporation.
Dated:
Gerald E. Flynn, Registered Agent
ACKNOWLEDGMENT
STATE OF COLORADO
COUNTY OF
ss.
Acknowledged before me this
incorporator and registered agent.
Witness my hand and official seal.
My commission expires
(SEAL)
C7
day of , 2001 by Gerald E. Flynn, as
Notary Public
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V\\DE - 66374/8 - #129986 vt
r
Exhibit A
11
BYLAWS
OF
BUFFALO RIDGE AFFORDABLE HOUSING CORPORATION
(Adopted _, 2001)
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' TABLE OF CONTENTS
Page
ARTICLE I OFFICES
Section 1.1 Business Offices ................................................................................................................................. 1
Section 1.2 Registered Office ............................................................................................................................... I
ARTICLE II MEMBERS
Section 2.1 No Members ....................................................................................................................................... 1
ARTICLE III BOARD OF DIRECTORS
Section 3.1 General Powers .................................................................................................................................. 1
Section 3.2 Number, Election, Tenure and Qualifications .................................................................................... 1
Section 3.3 Vacancies ........................................................................................................................................... 2
Section 3.4 Regular Meetings ............................................................................................................................... 2
Section 3.5 Special meetings ................................................................................................................................ 2
Section 3.6 Notice ................................................................................................................................................. 2
Section 3.7 Presumption of Assent ....................................................................................................................... 2
Section 3.8 Quorum and Voting ........................................................................................................................... 3
Section 3.9 Compensation .................................................................................................................................... 3
Section 3.10 Executive and Other Committees ....................................................................................................... 3
Section 3.11 Meetings by Telephone ...................................................................................................................... 3
Section 3.12 Action Without a Meeting .................................................................................................................. 3
ARTICLE IV OFFICERS AND AGENTS
Section 4.1 Number and Qualifications ................................................................................................................ 4
Section 4.2 Election and Term of Office ............................................................................................................... 4
Section 4.3 Compensation .................................................................................................................................... 4
Section 4.4 Removal ............................................................................................................................................. 4
Section 4.5 Vacancies ........................................................................................................................................... 4
Section 4.6 Authority and Duties of Officers ........................................................................................................ 4
Section 4.7 Surety Bonds ...................................................................................................................................... 5
ARTICLE V INDEMNIFICATION
Section 5.1 Definitions ............................................................................................................
Section 5.2 Right to Indemnification .................................................................................................................... 7
Section 5.3 Prior Authorization Required ............................................................................................................. 8
Section 5.4 Success on Merits or Otherwise ......................................................................................................... 8
Section 5.5 Advancement of Expenses ................................................................................................................. 8
Section 5.6 Payment Procedures ........................................................................................................................... 8
Section 5.7 Insurance ............................................................................................................................................ 9
Section 5.8 Right to Impose Conditions to Indemnification ................................................................................. 9
Section 5.9 Other Rights and Remedies ................................................................................................................ 9
Section 5.10 Applicability; Effect ........................................................................................................................... 9
Section 5.11 Indemnification of Agents .................................................................................................................. 10
Section 5.12 Savings Clause; Limitation ................................................................................................................ 10
ARTICLE VI MISCELLANEOUS
Section 6.1 Account Books, Minutes, Etc ............................................................................................................. 10
Section 6.2 Fiscal Year .............. :.............................................. ............................................ ................. ............. 10
Section 6.3 Conveyances and Encumbrances ....................................................................................................... 10
Section 6.4 Designated Contributions ................................................................................................................... I 1
Section 6.5 Conflicts of Interest ............................................................................................................................ 11
Section 6.6 Loans to Directors and Officers Prohibited ........................................................................................ 12
Section 6.7 References to Internal Revenue Code ................................................................................................ 12
Section 6.8 Amendments ...................................................................................................................................... 12
Section 6.9 Severability ........................................................................................................................................ 12
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BYLAWS
OF 0
BUFFALO RIDGE AFFORDABLE HOUSING CORPORATION
ARTICLE I
OFFICES
Section 1.1 Business Offices. The principal office of the corporation shall be
located within Eagle County, Colorado. The corporation may have such other offices, either
within or outside Colorado, as the board of directors may designate or as the affairs of the
corporation may require from time to time.
Section 1.2 Registered Office. The registered office of the corporation
required by the laws of the State of Colorado governing nonprofit corporations to be maintained
in Colorado may be, but need not be, the same as the principal office if in Colorado, and the
address of the registered office may be changed from time to time by the board of directors or by
the officers of the corporation.
ARTICLE II
MEMBERS
Section 2.1 No Members. The corporation shall have no members.
ARTICLE III
BOARD OF DIRECTORS
Section 3.1 General Powers. The business and affairs of the corporation shall
be managed by its board of directors, except as otherwise provided in the laws of the State of
Colorado, the articles of incorporation or these bylaws.
Section 3.2 Number, Election, Tenure and Qualifications. The number of
directors of the corporation shall be from three to seven, as determined by the board of directors
from time to time. One director shall be appointed by the Town of Avon, and the balance of the
board of directors shall be elected or reelected by the board of directors at each annual meeting,
with 15 days advance notice to the Town of Avon of any new director. If the Town of Avon
does not object to any such director within such 15-day period, it shall be deemed to have
confirmed the appointment of such director. Each director shall hold office until the next annual
AME - 66374/8 - #129988 v2
meeting of the board of directors and thereafter until the director's successor shall have been
elected and qualified, or until the director's earlier death, resignation or removal. Directors must
be at least eighteen years old but need not be residents of Colorado. Any director may be
removed at any time, with or without cause, by a vote of three-fourths of the other directors then
in office.
Section 3.3 Vacancies. Any director may resign at any time by giving written
notice to the president or to the secretary of the corporation. Such resignation shall take effect at
the time specified therein, and unless otherwise specified therein, the acceptance of such
resignation shall not be necessary to make it effective. Any vacancy occurring in the board of
directors may be filled by the affirmative vote of a majority of the remaining directors though
less than a quorum. A director elected to fill a vacancy shall be elected for the unexpired term of
such director's predecessor in office. Any directorship to be filled by reason of an increase in the
number of directors shall be filled by the affirmative vote of a majority of the directors then in
office, and a director so chosen shall hold office until the next election of directors and thereafter
until the director's successor shall have been elected and qualified, or until the director's earlier
death, resignation or removal.
Section 3.4 Regular Meetings. A regular annual meeting of the board of
directors shall be held during the month of April at the time and place, either within or outside
Colorado, determined by the board, for the purpose of electing directors and officers and for the
transaction of such other business as may come before the meeting. The board of directors may
provide by resolution the time and place, either within or outside Colorado, for the holding of
additional regular meetings.
Section 3.5 Special Meetings. Special meetings of the board of directors may
be called by or at the request of the president or any two directors. The person or persons
authorized to call special meetings of the board of directors may fix any place as the place, either
within or outside Colorado, for holding any special meeting of the board called by them.
Section 3.6 Notice. Notice of each meeting of the board of directors stating the
place, day and hour of the meeting shall be given to each director at the director's business
address at least five days prior thereto by the mailing of written notice by first class, certified or
registered mail, or at least two days prior thereto by personal delivery of written notice or by
telephonic, telegraphic, telex or facsimile notice (and the method of notice need not be the same
as to each director). If mailed, such notice shall be deemed to be given when deposited in the
United States mail, with postage thereon prepaid. If telegraphed, such notice shall be deemed to
be given when the telegram is delivered to the telegraph company. If transmitted by telex or
facsimile, such notice shall be deemed to be given when the transmission is completed. Any
director may waive notice of any meeting before, at or after such meeting. The attendance of a
director at a meeting shall constitute a waiver of notice of such meeting, except where a director
attends a meeting for the express purpose of objecting to the transaction of any business because
the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the
purpose of, any meeting of the board of directors need be specified in the notice or waiver of
notice of such meeting unless otherwise required by statute.
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Section 3.7 Presumption of Assent. A director of the corporation who is
present at a meeting of the board of directors at which action on any corporate matter is taken
shall be presumed to have assented to the action taken unless such director's dissent shall be
entered in the minutes of the meeting or unless the director shall file a written dissent to such
action with the person acting as the secretary of the meeting before the adjournment thereof or
shall forward such dissent by registered mail to the secretary of the corporation immediately after
the adjournment of the meeting. Such right to dissent shall not apply to a director who voted in
favor of such action.
Section 3.8 Quorum and Voting. A majority of the directors shall constitute a
quorum for the transaction of business at any meeting of the board of directors, and the vote of a
majority of the directors present in person at a meeting at which a quorum is present shall be the
act of the board of directors. If less than a quorum is present at a meeting, a majority of the
directors present may adjourn the meeting from time to time without further notice other than an
announcement at the meeting, until a quorum shall be present. No directors may vote or act by
proxy at any meeting of directors.
Section 3.9 Compensation. Directors shall not receive compensation for their
services as such, although the reasonable expenses of directors of attendance at board meetings
may be paid or reimbursed by the corporation. Directors shall not be disqualified to receive
reasonable compensation for services rendered to or for the benefit of the corporation in any
other capacity.
Section 3.10 Executive and Other Committees. By one or more resolutions
adopted by a majority of the directors then in office, the board of directors may designate from
among its members an executive committee and one or more other committees, each of which, to
the extent provided in the resolution establishing such committee, shall have and may exercise all
of the authority of the board of directors, except as prohibited by statute. The delegation of
authority to any committee shall not operate to relieve the board of directors or any member of
the board from any responsibility imposed by law. Rules governing procedures for meetings of
any committee of the board shall be as established by the board of directors, or in the absence
thereof, by the committee itself.
Section 3.11 Meetings by Telephone. Members of the board of directors or any
committee thereof may participate in a meeting of the board or committee by means of
conference telephone or similar communications equipment by which all persons participating in
the meeting can hear each other at the same time. Such participation shall constitute presence in
person at the meeting.
Section 3.12 Action Without a Meeting. Any action required or permitted to be
taken at a meeting of the directors or any committee thereof may be taken without a meeting if a
consent in writing, setting forth the action so taken, shall be signed by all of the directors or
committee members entitled to vote with respect to the subject matter thereof. Such consent
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(which may be signed in counterparts) shall have the same force and effect as a unanimous vote
of the directors or committee members.
ARTICLE IV
OFFICERS AND AGENTS
Section 4.1 Number and Qualifications. The elected officers of the corporation
shall be a president, one or more vice-presidents, a secretary and a treasurer. The board of
directors may also appoint such other officers, assistant officers and agents, including an
executive director, a controller, assistant secretaries and assistant treasurers, as it may consider
necessary. One person may hold more than one office at a time, except that no person may
simultaneously hold the offices of president and secretary. Officers need not be directors of the
corporation. All officers must be at least eighteen years old.
Section 4.2 Election and Term of Office. The elected officers of the
corporation shall be elected by the board of directors at each regular annual meeting. If the
election of officers shall not be held at such meeting, such election shall be held as soon as
convenient thereafter. Each officer shall hold office until the officer's successor shall have been
duly elected and shall have qualified, or until the officer's earlier death, resignation or removal.
Section 4.3 Compensation. The compensation of the officers, if any, shall be
as fixed from time to time by the board of directors, and no officer shall be prevented from
receiving a salary by reason of the fact that such officer is also a director of the corporation.
Section 4.4 Removal. Any officer or agent may be removed by the board of
directors whenever in its judgment the best interests of the corporation will be served thereby,
but such removal shall be without prejudice to the contract rights, if any, of the person so
removed. Election or appointment of an officer or agent shall not in itself create contract rights.
Section 4.5 Vacancies. Any officer may resign at any time, subject to any
rights or obligations under any existing contracts between the officer and the corporation, by
giving written notice to the president or to the board of directors. An officer's resignation shall
take effect at the time specified in such notice, and unless otherwise specified therein, the
acceptance of such resignation shall not be necessary to make it effective. A vacancy in any
office, however occurring, may be filled by the board of directors for the unexpired portion of the
term.
Section 4.6 Authority and Duties of Officers. The officers of the corporation
shall have the authority and shall exercise the powers and perform the duties specified below and
as may be additionally specified by the president, the board of directors or these bylaws, except
that in any event each officer shall exercise such powers and perform such duties as may be
required by law.
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(a) President. The president shall, subject to the direction and
supervision of the board of directors, (i) be the chief executive officer of the corporation and
have general and active control of its affairs and business and general supervision of its officers,
agents and employees; (ii) preside at all meetings of the board of directors; (iii) see that all orders
and resolutions of the board of directors are carried into effect; and (iv) perform all other duties
incident to the office of-president and as from time to time may be- assigned to the president by
the board of directors.
(b) Vice-Presidents. The vice-president or vice-presidents shall assist
the president and shall perform such duties as may be assigned to them by the president or by the
board of directors. The vice-president (or if there is more than one, then the vice-president
designated by the board of directors, or if there be no such designation, then the vice-presidents
in order of their election) shall, at the request of the president, or in the president's absence or
inability or refusal to act, perform the duties of the president and when so acting shall have all
the powers of and be subject to all the restrictions of the president.
(c) Secre The secretary shall (i) keep the minutes of the
proceedings of the board of directors and any committees of the board; (ii) see that all notices are
duly given in accordance with the provisions of these bylaws or as required by law; (iii) be
custodian of the corporate records and of the seal of the corporation; and (iv) in general, perform
all duties incident to the office of secretary and such other duties as from time to time may be
assigned to the secretary by the president or by the board of directors. Assistant secretaries, if
any, shall have the same duties and powers, subject to supervision by the secretary.
(d) Treasurer. The treasurer shall (i) be the principal financial officer
of the corporation and have the care and custody of all its funds, securities, evidences of
indebtedness and other personal property and deposit the same in accordance with the
instructions of the board of directors; (ii) receive and give receipts and acquittances for moneys
paid in on account of the corporation, and pay out of the funds on hand all bills, payrolls and
other just debts of the corporation of whatever nature upon maturity; (iii) unless there is a
controller, be the principal accounting officer of the corporation and as such prescribe and
maintain the methods and systems of accounting to be followed, keep complete books and
records of account, prepare and file all local, state and federal tax returns and related documents,
prescribe and maintain an adequate system of internal audit, and prepare and furnish to the
president and the board of directors statements of account showing the financial position of the
corporation and the results of its operations; (iv) upon request of the board, make such reports to
it as may be required at any time; and (v) perform all other duties incident to the office of
treasurer and such other duties as from time to time may be assigned to the treasurer by the
president or the board of directors. Assistant treasurers, if any, shall have the same powers and
duties, subject to supervision by the treasurer.
Section 4.7 Surety Bonds. The board of directors may require any officer or
agent of the corporation to execute to the corporation a bond in such sums and with such sureties
as shall be satisfactory to the board, conditioned upon the faithful performance of such person's
duties and or the restoration to the corporation of all books, papers, vouchers, money and other
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property of whatever kind in such person's possession or under such person's control belonging
to the corporation.
ARTICLE V
INDEMNIFICATION
Section 5.1 Definitions. For purposes of this Article V, the following terms
shall have the meanings set forth below:
(a) "Corporation" means the corporation and, in addition to the
resulting or surviving corporation, any domestic or foreign predecessor entity of the corporation
in a merger, consolidation or other transaction in which the predecessor's existence ceased upon
consummation of the transaction.
(b) "Expenses" means the actual and reasonable expenses, including
attorneys' fees, incurred by a party in connection with a proceeding.
(c) "Liabili " means the obligation to pay a judgment, settlement,
penalty, fine (including an excise tax benefit plan) or expense incurred with respect to a
proceeding.
(d) "Official capacity" when used with respect to a director of the
corporation means the office of director in the corporation, and when used with respect to a
person in a capacity other than as a director (even if such person is also a director) means the
office in the corporation held by the officer or the employment relationship undertaken by the
employee on behalf of the corporation in the performance of his or her duties in his or her
capacity as such officer or employee. "Official capacity" does not include service for any other
foreign or domestic corporation or for any partnership, joint venture, trust, other enterprise or
employee benefit plan when acting directly on behalf of such other corporation, partnership, joint
venture, trust, enterprise or plan as a director, officer, employee, fiduciary or agent thereof.
(e) "Party" means any person who was, is, or is threatened to be made,
a named defendant or respondent in a proceeding by reason of the fact that such person is or was
a director, officer or employee of the corporation, and any person who, while a director, officer
or employee of the corporation, is or was serving at the request of the corporation as a director,
officer, partner, trustee, employee, fiduciary or agent of any other foreign or domestic
corporation or of any partnership, joint venture, trust, other enterprise or employee benefit plan.
A party shall be considered to be serving an employee benefit plan at the corporation's request if
such party's duties to the corporation also impose duties on or otherwise involve services by such
party to the plan or to participants in or beneficiaries of the plan.
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(f) "Proceeding" means any threatened, pending or completed action,
suit or proceeding, or any appeal therein, whether civil, criminal, administrative, arbitrative or
investigative (including an action by the corporation) and whether formal or informal.
Section 5.2 Right to Indemnification.
(a) Standards of Conduct. Except as provided in Section 5.2(d) below,
the corporation shall indemnify any party to a proceeding against liability incurred in or as a
result of the proceeding if (i) such party conducted himself or herself in good faith, (ii) such party
reasonably believed (A) in the case of a director acting in his or her official capacity, that his or
her conduct was in the corporation's best interests, or (B) in all other cases, that such party's
conduct was at least not opposed to the corporation's best interests, and (iii) in the case of any
criminal proceeding, such party had no reasonable cause to believe his or her conduct was
unlawful. For purposes of determining the applicable standard of conduct under this Section 5.2,
any party acting in his or her official capacity who is also a director of the corporation shall be
held to the standard of conduct set forth in Section 5.2(a)(ii)(A), even if such party is sued solely
in a capacity other than as such director.
(b) Employee Benefit Plans. A party's conduct with respect to an
employee benefit plan for a purpose such party reasonably believed to be in the interests of the
participants in or beneficiaries of the plan is conduct that satisfies the requirements of
Section 5.2(a)(ii)(B). A party's conduct with respect to an employee benefit plan for a purpose
that such party did not reasonably believe to be in the interests of the participants in or
beneficiaries of the plan shall be deemed not to satisfy the requirements of Section 5.2(a)(i).
(c) Settlement. The termination of any proceeding by judgment,
order, settlement or conviction, or upon a plea of nolo contendere or its equivalent, is not of itself
determinative that the party did not meet the applicable standard of conduct set forth in
Section 5.2(a).
(d) Indemnification Prohibited. Except as hereinafter set forth in this
Section 5.2(d), the corporation may not indemnify a party under this Section 5.2(d), the
corporation may not indemnify a party under this Section 5.2 either (i) in connection with a
proceeding by the corporation in which the party is or has been adjudged liable for gross
negligence or willful misconduct in the performance of the party's duty to the corporation, or
(ii) in connection with any proceeding charging improper personal benefit to the party, whether
or not involving action in the party's official capacity, in which the party was adjudged liable on
the basis that personal benefit was-improperly received by the party (even if the corporation was
not thereby damaged). Notwithstanding the foregoing, the corporation shall indemnify any such
party if and to the extent required by the court conducting the proceeding, or any other court of
competent jurisdiction to which the party has applied, if it is determined by such court, upon
application by the party, that despite the adjudication of liability in the circumstances in
clauses (i) and (ii) of this Section 5.2(d) or whether or not the party met the applicable standard
of conduct set forth in Section 5.2(a), and in view of all relevant circumstances, the party is fairly
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and reasonably entitled to indemnification for such expenses as the court deems proper in
® accordance with the Colorado Nonprofit Corporation Code.
(e) Claims by Corporation. Indemnification permitted under this
Section 5.2 in connection with a proceeding by the corporation shall be limited to expenses
incurred in connection with the proceeding. -
(f) Combined Proceedings. If any claim made by the corporation
against a party is joined with any other claim against such party in a single proceeding, the claim
by the corporation (and all expenses related thereto) shall nevertheless be deemed the subject of a
separate and distinct proceeding for purposes of this Article.
Section 5.3 Prior Authorization Required. Any indemnification under
Section 5.2 (unless ordered by a court) shall be made by the corporation only if authorized in the
specific case after a determination has been made that the party is eligible for indemnification in
the circumstances because the party has met the applicable standard of conduct set forth in
Section 5.2(a) and after an evaluation has been made as to the reasonableness of the expenses.
Any such determination, evaluation and authorization shall be made by the board of directors by
a majority vote of a quorum of such board, which quorum shall consist of directors not parties to
the subject proceeding, or by such other person or body as permitted by law.
Section 5.4 Success on Merits or Otherwise. Notwithstanding any other
provision of this Article V, the corporation shall indemnify a party to the extent such party has
been successful, on the merits or otherwise, including without limitation, dismissal without
prejudice or settlement without admission of liability, in defense of any proceeding to which the
party was a party against expenses incurred by such party in connection therewith.
Section 5.5 Advancement of Expenses. The corporation shall pay for or
reimburse the expenses, or a portion thereof, incurred by a party in advance of the final
disposition of the proceeding if. (a) the party furnishes the corporation a written affirmation of
such party's good-faith belief that he or she has met the standard of conduct described in
Section 5.2(a)(i); (b) the party furnishes the corporation a written undertaking, executed
personally or on behalf of such party, to repay the advance if it is ultimately determined that the
party did not meet such standard of conduct; and (c) authorization of payment and a
determination that the facts then known to those making the determination would not preclude
indemnification under this Article have been made in the manner provided in Section 5.3. The
undertaking required by clause (b) must be an unlimited general obligation of the party, but need
not be secured and may be accepted without reference to financial ability to make repayment.
Section 5.6 Payment Procedures. The corporation shall promptly act upon any
request for indemnification, which request must be in writing and accompanied by the order of
court or other reasonably satisfactory evidence documenting disposition of the proceeding in the
case of indemnification under Section 5.4 and by the written affirmation and undertaking to
® repay as required by Section 5.5 in the case of indemnification under such Section. The right to
indemnification and advances granted by this Article shall be enforceable in any court of
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competent jurisdiction if the corporation denies the claim, in whole or in part, or if no disposition
of such claim is made within ninety days after written request for indemnification is made. A
party's expenses incurred in connection with successfully establishing such party's right to
indemnification, in whole or in part, in any such proceeding shall also be paid by the corporation.
Section 5.7 Insurance. By action of the board of directors, notwithstanding
any interest of the directors in such action, the corporation may purchase and maintain insurance
in such amounts as the board of directors deems appropriate to protect itself and any person who
is or was a director, officer, employee, fiduciary or agent of the corporation, or who, while a
director, officer, employee, fiduciary or agent of the corporation, is or was serving at the request
of the corporation as a director, officer, partner, trustee, employee, fiduciary or agent of any other
foreign or domestic corporation or of any partnership, joint venture, trust, other enterprise or
employee benefit plan against any liability asserted against or incurred by such person in any
such capacity or arising out of such person's status as such, whether or not the corporation would
have the power to indemnify such person against such liability under applicable provisions of
law or this Article. Any such insurance may be procured from any insurance company
designated by the board of directors, whether such insurance company is formed under the laws
of Colorado or any other jurisdiction, including any insurance company in which the corporation
has an equity or any other interest, through stock ownership or otherwise. The corporation may
create a trust fund, grant a security interest or use other means (including, without limitation, a
letter of credit) to ensure the payment of such sums as may become necessary to effect
indemnification as provided herein.
Section 5.8 Right to Impose Conditions to Indemnification. The corporation
shall have the right to impose, as conditions to any indemnification provided or permitted in this
Article, such reasonable requirements and conditions as may appear appropriate to the board of
directors in each specific case and circumstances, including but not limited to any one or more of
the following: (a) that any counsel representing the party to be indemnified in connection with
the defense or settlement of any proceeding shall be counsel mutually agreeable to the party and
to the corporation; (b) that the corporation shall have the right, at its option, to assume and
control the defense or settlement of any claim or proceeding made, initiated or threatened against
the party to be indemnified; and (c) that the corporation shall be subrogated, to the extent of any
payments made by way of indemnification, to all of the indemnified party's right of recovery, and
that the party to be indemnified shall execute all writings and do everything necessary to assure
such rights of subrogation to the corporation.
Section 5.9 Other Rights and Remedies. Except as limited by law, the
indemnification provided by this Article shall be in addition to any other rights which a party
may have or hereafter acquire under any law, provision of the articles of incorporation, any other
or further provision of these bylaws, vote of the board of directors, agreement, or otherwise.
Section 5.10 Applicability;_ Effect. The indemnification provided in this Article
shall be applicable to acts or omissions that occurred prior to the adoption of this Article, shall
continue as to any party entitled to indemnification under this Article who has ceased to be a
director, officer or employee of the corporation or, at the request of the corporation, was serving
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as and has since ceased to be a director, officer, partner, trustee, employee, fiduciary or agent of
O any other domestic or foreign corporation, or of any partnership, joint venture, trust, other
enterprise or employee benefit plan, and shall inure to the benefit of the estate and personal
representatives of each such person. The repeal or amendment of this Article or of any Section
or provision hereof that would have the effect of limiting, qualifying or restricting any of the
powers or rights of indemnification provided or permitted in this Artie shall not, solely by
reason of such repeal or amendment, eliminate, restrict or otherwise affect the right or power of
the corporation to indemnify any person, or affect any right of indemnification of such person,
with respect to any acts or omissions that occurred prior to such repeal or amendment. All rights
to indemnification under this Article shall be deemed to be provided by a contract between the
corporation and each party covered hereby.
Section 5.11 Indemnification of Agents. The corporation shall have the right,
but shall not be obligated, to indemnify any agent of the corporation not otherwise covered by
this Article to the fullest extent permissible by the laws of Colorado. Unless otherwise provided
in any separate indemnification arrangement, any such indemnification shall be made only as
authorized in the specific case in the manner provided in Section 5.3.
Section 5.12 Savings Clause; Limitations. If this Article or any Section or
provision hereof shall be invalidated by any court on any ground, then the corporation shall
nevertheless indemnify each party otherwise entitled to indemnification hereunder to the fullest
extent permitted by law or any applicable provision of this Article that shall not have been
invalidated. Notwithstanding any other provision of these bylaws, the corporation shall neither
indemnify any person nor purchase any insurance in any manner or to any extent that would
jeopardize or be inconsistent with the qualification of the corporation as an organization
described in section 501(c)(3) of the Internal Revenue Code, or that would result in the
imposition of any liability under section 4941 of the Internal Revenue Code.
ARTICLE VI.
MISCELLANEOUS
Section 6.1 Account Books, Minutes, Etc. The corporation shall keep correct
and complete books and records of account and shall keep minutes of the proceedings of its
board of directors and committees. All books and records of the corporation may be inspected
by any director, or that director's -authorized agent or attorney, for any proper purpose at any
reasonable time.
Section 6.2 Fiscal Year. The fiscal year of the corporation shall be as
established by the board of directors.
Section 6.3 Conveyances and Encumbrances. Property of the corporation may
be assigned, conveyed or encumbered by such officers of the corporation as may be authorized to
do so by the board of directors, and such authorized persons shall have power to execute and
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deliver any and all instruments of assignment, conveyance and encumbrance; however, the sale,
exchange, lease or other disposition of all or substantially all of the property and assets of the
corporation shall be authorized only in the manner prescribed by applicable statute.
Section 6.4 Designated Contributions. The corporation may accept any
designated contribution, grant, bequest or devise consistent with its genera tax-exempt purposes,
as set forth in the articles of incorporation. As so limited, donor-designated contributions will be
accepted for special funds, purposes or uses, and such designations generally will be honored.
However, the corporation shall reserve all right, title and interest in and to and control of such
contributions, as well as full discretion as to the ultimate expenditure or distribution thereof in
connection with any such special fund, purpose or use. Further, the corporation shall acquire and
retain sufficient control over all donated funds (including designated contributions) to assure that
such funds will be used to carry out the corporation's tax-exempt purposes.
Section 6.5. Conflicting Interest Transactions.
(a) As used in this section, "Conflicting Interest Transaction" means a
contract, transaction, or other financial relationship between the corporation and a director of the
corporation, or between the corporation and a party related to a director or between the
corporation and an entity in which a director of the corporation is a director or officer or has a
financial interest.
(b) No loans shall be made by the corporation to its directors or
officers. Any director or officer who assents to or participates in the making of any such loan
shall be liable to the corporation for the amount of such loan until the repayment thereof.
(c) No Conflicting Interest Transaction shall be void or voidable or be
enjoined, set aside, or give rise to an award of damages or other sanctions in a proceeding in the
right of the corporation, solely because the Conflicting Interest Transaction involves a director of
the corporation or a party related to a director or an entity in which a director of the corporation
is a director or officer or has a financial interest or solely because the director is present at or
participates in the meeting of the corporation's board of directors or of the committee of the
board of directors that authorizes, approves, or ratifies the Conflicting Interest Transaction or
solely because the director's vote is counted for such purpose if-
(i) The material facts as to the director's relationship or interest
and as to the Conflicting Interest Transaction are disclosed or are known to the board of directors
or the committee, and the board of directors or committee in good faith authorizes, approves, or
ratifies the Conflicting Interest Transaction by the affirmative vote of a majority of the
disinterested directors, even though the disinterested directors are less than a quorum; or
(ii) The Conflicting Interest Transaction is fair as to the
corporation.
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(d) Common or interested directors may be counted in determining the
® presence of a quorum at a meeting of the board of directors or of a committee which authorizes,
approves, or ratifies the Conflicting Interest Transaction.
(e) For purposes of this section, a party related to a director shall mean
a spouse, a descendent, an ancestor, a sibling,-the spouse or descendent of a sibling, an estate or
trust in which the director or a party related to a director has a beneficial interest, or an entity in
which a party related to a director is a director, officer, or has a financial interest.
(f) Notwithstanding any other provision of this Article VI, no contract,
transaction or financial relationship. between the corporation and the employees of the Town of
Avon, Colorado shall constitute a Conflicting Interest Transaction.
Section 6.6 Loans to Directors and Officers Prohibited. No loans shall be
made by the corporation to any of its directors or officers. Any director or officer who assents to
or participates in the making of any such loan shall be liable to the corporation for the amount of
such loan until it is repaid.
Section 6.7 References to Internal Revenue Code. All references in these
bylaws to provisions of the Internal Revenue Code are to the provisions of the Internal Revenue
Code of 1986, as amended, and to the corresponding provisions of any subsequent federal tax
laws.
9 Section 6.8 Amendments. The power to alter, amend or repeal these bylaws
and adopt new bylaws shall be vested in the board of directors.
Section 6.9 Severability. The invalidity of any provision of these bylaws shall
not affect the other provisions hereof, and in such event these bylaws shall be construed in all
respects as if such invalid provision were omitted.
The undersigned hereby certifies that the foregoing Bylaws of Buffalo Ridge
Affordable Housing Corporation as adopted 2001, are in full force and effect as of
[SEAL]
Secretary
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® Memo
To:
Thru:
From:
Date:
Honorable Mayor and Town Council
Bill Efting, Town Manager
Norm Wood, Town Engineer jVz/'?
Ruth Borne, Director of Community Development
October 15, 2001
Re: Resolution No. 01-31, Series 2001, A Resolution Approving Final
Subdivision Plat for a Resubdivision of Lots 1,2,3,4, and 5, McGrady
Acres, Town of Avon, Eagle County, Colorado
Summary: Traer Creek LLC has submitted an application for Final
Subdivision Plat approval for a Resubdivision of Lots 1,2,3,4, and 5, McGrady Acres,
Town of Avon, Eagle County, Colorado. The proposed subdivision will be developed
in conformance with the Annexation, Development and Subdivision Improvements
Agreement as approved by Ordinance No. 01-15, Series of 2001. Security for
completion of Public Improvements will be provided with The Village (at Avon) Filing '
security provisions as detailed in the Annexation, Development and Subdivision
Improvements Agreement.
The proposed subdivision is in general conformance with the Preliminary Plan
approved by Resolution No. 01-26 and the Final Subdivision Plat is recommended for
approval subject to completion of technical corrections.
Discussion:
Action related to this Final Subdivision Plat is
contingent upon approval of Ordinance No. 01-14, Series of 2001, An Ordinance
Concerning the Annexation to the Town of Avon, Colorado, of Certain Property as
Described in the McGrady Acres Petition for Annexation. If Ordinance 01-14 is
not approved on second Reading, then this Resolution approving the Final
Subdivision Plat should not be approved.
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Recommendations: If Ordinance No. 01-14 is approved on
Second Reading, approve Resolution 01-31, A Resolution Approving Final
Subdivision Plat for a Resubdivision of Lots 1,2,3,4, and 5, McCrady Acres, Town
of Avon, Eagle County, Colorado.
Alternatives: If Ordinance No. 01-14 is not approved on
Second Reading, do not approve Resolution 01-31, A Resolution Approving
Final Subdivision Plat for a Resubdivision of Lots 1,2,3,4, and 5, McGrady Acres,
Town of Avon, Eagle County, Colorado.
Proposed Motion: I move to approve (deny) Resolution 01-31, A
Resolution Approving Final Subdivision Plat for a Resubdivision of Lots 1,2,3,4,
and 5, McGrady Acres, Town of Avon, Eagle County, Colorado.
Town Manager Comments:
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TOWN OF AVON
® RESOLUTION NO. 01-31
SERIES OF 2001
A RESOLUTION APPROVING FINAL SUBDIVISION PLAT FOR A
RESUBDIVISION OF LOTS 1,2,3,4, and 5, MCGRADY ACRES,
TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Traer Creek LLC, as representative of the owner of lots 1,2,3,4, and
5, McGrady Acres Subdivision has filed an application for Final Subdivision Plat approval
for a Resubdivision of Lots 1,2,3,4, and 5, McGrady Acres, Town of Avon, Eagle County,
Colorado in accordance with Chapter 16.20 of the Avon Municipal Code; and
WHEREAS, on September 11, 2001 and September 25, 2001, Council held a
public hearing at which it received evidence and testimony concerning the Preliminary
Plan; and
WHEREAS, at the conclusion of said public hearing the Town Council
considered such evidence and testimony and approved the Preliminary Plan by approval
of Resolution 01-26; and
WHEREAS, the Final Plat has been reviewed by the Town Staff and was found
to be in general conformance with the previously approved Preliminary Plan; and
WHEREAS, the Final Plat was found to be substantially in conformance with Title
16 of the Avon Municipal Code; and
WHEREAS, the Final Subdivision Plat is subject to the terms and conditions of
the Annexation, Development and Subdivision Improvements Agreement dated October
23, 2001.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the
Final Subdivision Plat for a Resubdivision of Lots 1,2,3,4, and 5, McGrady Acres, Town
of Avon, Eagle County, Colorado is in conformance with the subdivision regulations and
other applicable development laws, regulations and policies of the Town of Avon and
hereby approves the same subject to the completion of all technical corrections.
E
ADOPTED THIS DAY OF OCTOBER, 2001.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Kris Nash
Town Clerk
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A
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
0 HELD OCTOBER 9, 2001
A regular meeting of the Town of Avon, Colorado was held in the Municipal Building,
400 Benchmark Road, Avon, Colorado in the Council Chambers.
The meeting was called to order by Mayor Judy Yoder at 5:30 PM. A roll call was taken
with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Rick Cuny, and Mac
McDevitt present. Mayor Protein Buz Reynolds was absent. Also present were Town
Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks,
Town Clerk Kris Nash, Police Chief Jeff Layman, Town Engineer Norm Wood, Public
Works Director Bob Reed, Director of Community Development Ruth Borne, as well as
members of the press and public.
Citizen Input:
Wildwood Townhomes South
Councilor Michael Brown stepped down from the bench for this item.
Mr. Randy Stouder and Ms. Nancy Pruckno were present to speak to the Council. Mr.
Stouder stated that he represents Wildwood Townhomes South, of which the Town of
Avon was the developer. He stated that earlier this summer they had a slope failure
behind their townhomes and the Goshawk Townhomes located above them. He stated
that the slope came down and settled against the back wall of their eastern most building.
He stated that they have been working with the management of Goshawk and are still
trying to figure out what caused the failure. They think excess water caused the slope to
fail. He stated the cost of the project is $17,000 of which Goshawk has agreed to cost
share the project with them. Mr. Stouder is asking the Council to consider cost sharing
the project with the two associations.
Mayor Yoder stated that the project was built over ten years ago and wondered why the
water just now caused the slope to fail that it did not fail in the last 10 years. Mr. Stouder
stated that they think there was over watering at the top of the slope, maybe a hose left on
overnight, and a fairly wet spring as well. Mr. Stouder stated that when they dug into the
ground they did find drain tile buried into the slope, but not in the portion that failed. He
added that they had geo-technical engineers look at the failure and they recommended
redoing the entire hillside because there were other signs of weakness as well. Mr.
Stouder stated that they hired a contractor who repaired more hillside than just where the
failure occurred.
Mayor Yoder asked Mr. Stouder how much money he was asking for. He stated that they
were hoping for an equal share from the Town; the cost was $17,083.
U
Mayor Yoder asked Mr. Efting if the Town has ever cost shared such a project with
anyone else. Mr. Efting stated not in the five years that he has been with the Town.
Mr. Stouder stated that they are asking the Town to cost share the project since they were
the developer.
Mayor Yoder stated that there is a warranty period and if something happened in that
warranty period there would be some responsibility to the developer. Mayor Yoder felt
the warranty period would be long gone on this situation.
Councilor Curly sympathized with the situation, but felt that the Town could not pay for
this.
Ms. Pruckno, president of the Association, stated that there are various places up Metcalf
Road where they have reinforced the slopes. She is not sure how the slope behind them
got missed. She asked if the Town could look into what the code was at the time of their
construction as far as reinforcing the slope. She felt the homeowners are left holding the
bag on something that should have been protected when the development went in.
Town Engineer Norm Wood stated that there is not a code but guidelines that refer 2 to 1
slopes maximum, which they do follow as much as possible. He stated in block 5, which
is where the Townhomes are, there are a number of 1 %2 to 1 slopes. When slopes are
that steep it requires very careful drying, and drainage is one of the major considerations.
He stated that when the failure first occurred he did look at it. He stated that the ground
was very saturated in the area of the slope failure. Mr. Wood stated that Goshawk was
built in the early 80's and that is what created the 1 t/2 to 1 slope, which is the section
where the failure occurred. He stated that the natural slopes in that area are much steeper
than the 2 to 1. He added that it is not an unusual situation, but you do need to keep it
dry. His opinion is that the slope failed because it became overly saturated.
Mr. Stouder stated that they could not pay for this project themselves, they do not have
enough money. They had to cost share the project. He added that it would be difficult to
take Goshawk to court to prove that their hose caused the problem.
Mayor Yoder stated that she sympathizes with their situation, but does not feel the Town
has a liability or responsibility on this issue after all this time.
Councilor Debbie Buckley stated that she can not rationalize spending tax dollars on this
issue. Councilor McDevitt agreed.
Councilor Peter Buckley was sympathetic but could not support help paying for this
project.
Regular Council Meeting
October 9, 2001
Citizen Input:
Ms. Chris Ekrem, resident of Eaglebend Drive, asked that if the Council decides to annex
McGrady Acres that the Town still have the capability to have the total design review for
any projects that go on that property. She would also like McGrady Acres, if annexed,
still stay under the heading of McGrady Acres and not Village at Avon.
Mr. Bill Post, representing Traer Creek, stated that McGrady Acres will not be part of the
Village at Avon and not subject to the design review board of the Village at Avon. He
said it will still have to go through Planning & Zoning and the Town Council.
Ordinances:
Second Reading of Ordinance No. 01-10, Series of 2001, An Ordinance Amending
Chapter 8.31 of the Avon Municipal Code Relating to Odor Pollution
Mayor Yoder stated this is a public hearing.
Town Attorney Levin stated that changes have been made to the ordinance between first
and second reading in section (b)(1) per the request of Councilor McDevitt. The change
clarifies circumstances under which the Town would consider granting a limited, not to
exceed 24 hour, exemption from the odor standard in a case of maintenance or repair of a
facility which is designed to control odor omissions.
Mr. Rick Sackbauer, Chairman of the Eagle River Water and Sanitation District Board,
thanked the Council for amending the ordinance from first reading. He stated that his
staff would like to assist the Town staff in rewriting the ordinance. Mr. Sackbauer
submitted a copy of his October 5, 2001 letter as well as a copy of the first reading
ordinance with highlighted changes for the record, a copy of which is attached. He
hoped that working with the staff would be another of many successful joint projects.
Mr. Sackbauer urged the Council to adopt the ordinance as they have highlighted, or
preferably, table the ordinance so his staff may have a chance to look at the changed
wording as stated by Mr. Levin. He would also like the two staffs to work together for
the next two weeks and come up with an ordinance that everyone is comfortable with.
There being no further comments, Mayor Yoder closed the public hearing.
Councilor McDevitt stated that two of the five specifics from Mr. Sackbauer's letter were
incorporated into the new ordinance. He stated that the changes that were made were
done for a reason and did not see a benefit in waiting two weeks.
Councilor Peter Buckley stated since Judge Buck Allen ruled the current ordinance as
unconstitutional, Avon technically has no ordinance and the citizens of Avon have no
protection right now. He does not want to wait two weeks before passing the ordinance.
Regular Council Meeting
October 9, 2001
Councilor McDevitt added that the position of the Town of Avon is to improve the odor
situation, not necessarily take legal action. This ordinance is something that we need to
have on the record.
Councilor McDevitt motioned approval of Ordinance No. 01-10, Series of 2001, on
second reading. Councilor Brown seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
Ordinance:
Second Reading of Ordinance No. 01-11, Series of 2001, An Ordinance Amending
Chapter 8.32 of the Avon Municipal Code Relating to Penalties for Odor Pollution
Mayor Yoder stated this is a public hearing.
Town Attorney Levin stated that this ordinance states that the Town can not collect in
excess of $300 for any violation of the odor ordinance, which is required by State law.
This change brings our code up to date with State law.
There being no comments from the public, Mayor Yoder closed the public hearing. +
Councilor McDevitt stated that this ordinance does not include the jail term, which the
old odor ordinance did include. Mr. Levin stated that the State law will override our
ordinance and State dictates $300 maximum fine.
Councilor Cuny motioned approval of Ordinance No. 01-11, Series of 2001, on second
reading. Councilor Debbie Buckley seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
Ordinances:
First Reading of Ordinance No. 01-12, Series of 2001, An Ordinance Approving the
Barrancas Planned Unit Development (PUD) for Lots 38, 40, and 41, Block 1,
Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado
Director of Comm. Dev. Borne stated that Tanavon Corporation has applied for a PUD
on Lots 38, 40 and 41 for forty-three employee housing units. The ordinance has been
0
Regular Council Meeting
October 9, 2001
revised to include a condition requiring a left hand turn at major access points. Also, Lot
38 will be conveyed to the town as open space.
Councilor Curly asked if there were any restrictions as to the rents. Ms. Borne stated that
there will be no deed restrictions at this time.
Mayor Yoder stated that she thought some of the units were to be deed restricted. Ms.
Borne stated that depended on the outcome of the Cottonwood parcel behind Pizza Hut.
That will dictate how many of the units will be deed restricted. It will be a separate issue
at that time.
Councilor McDevitt asked how many vehicles can be accumulated in the left turn lane.
Ms. Borne stated it has not yet been determined because there are two major access
points. Mr. McDevitt stated that there needs to be enough so that there is no backup of
the vehicles traveling to Wildridge. Ms. Borne stated that will be decided at final design
through P&Z.
Mayor Yoder asked what kind of control the Council has so they know it is acceptable to
Council. Mr. Wood stated that the length of the turn lanes will be determined by a traffic
analysis on trip generation.
Mr. Efting stated that Council will be notified of the final design meeting with P&Z so
they can be informed.
Councilor Debbie Buckley motioned approval of Ordinance No. 01-12, Series of 2001,
on first reading. Councilor Brown seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
Ordinances
First Reading of Ordinance No. 01-13, Series of 2001, An Ordinance Amending Chapter
17.48 of the Avon Municipal Code Relating to Home Occupations/Child Day Care
Town Attorney Levin stated that this ordinance adds an additional requirement that the
applicant must submit written approval of consent from the person living on the other
half of their duplex, or in the case of a multi-plex, must get the written consent of the
board that governs the multi-plex.
Mayor Yoder stated that there are some multi-plex units that do not have boards or
homeowners associations. Mr. Levin stated he could redraft the ordinance to state that in
a case of a multi-plex with no board, the applicant must have consent of the majority of
the units.
Regular Council Meeting
October 9, 2001
Councilor Brown suggested a multi-plex with no board, it should revert back to a duplex,
and that adjoining walls must give consent. Councilor Brown believes in daycare where
ever they can get it, but also believes that in the case condominiums and duplexes with
adjoining walls and parking, the neighbors should have a say. He would like it kept
simple.
Councilor Peter Buckley stated, for the record, that he would be most comfortable
dealing with the law issue independently of the appeal that will come before the Council
next week. He is not comfortable with the timing. He would like to deal with the appeal
and then deal with the ordinance at a separate time.
Mr. Levin stated that is a separate process governed by separate rules.
Councilor Curly stated that he does not like the ordinance. He added that good daycare is
so hard to find. He does not see an inconvenience. He is against anything that makes it
harder for someone to open a daycare facility.
Mayor Yoder stated that brings up a good point, and that Mr. Curly would not have a
problem with the person he shares a driveway with so he would just sign off on it. Mayor
Yoder stated that she was in a situation where people were picking up their children at
11:30 at night and shining their lights in her windows. She added there is a whole range
of things, and no ordinance is going to solve every item.
Councilor McDevitt agreed that if it is adjacent neighbors, then they should have a say in
it.
Councilor Debbie Buckley motioned approval of Ordinance No. 01-13, Series of 2001,
on first reading. Councilor McDevitt seconded the motion.
Councilor Brown confirmed that Mr. Levin will revise the ordinance for second reading.
Mayor Yoder asked for a roll call.
The ordinance carried with Councilor Curly voting nay.
Ordinances
First Reading of Ordinance No. 01-14, Series of 2001, An Ordinance Concerning the
Annexation to the Town of Avon, Colorado, of Certain Property as Described in the
McGrady Acres Petition for Annexation
Town Engineer Wood stated that this ordinance starts the action to culminate the
McGrady Acres annexation process. Staff recommends approval.
E
Regular Council Meeting
October 9, 2001
Councilor Debbie Buckley motioned approval of Ordinance No. 01-14, Series of 2001,
on first reading. Councilor Brown seconded the motion.
Mayor Yoder asked for a roll call.
The ordinance carried unanimously.
Ordinances:
First Reading of Ordinance No. 01-15, Series of 2001, An Ordinance Approving an
Agreement Concerning the Terms of Annexation, Development and Subdivision of the
Lands Described in the McGrady Acres Petition for Annexation; Authorizing and
Instructing the Mayor of the Town of Avon to Sign the Agreement on Behalf of the
Town; and Approving a Site Specific Development Plan Establishing a Vested Property
Right Pursuant to Article 68 of Title 24, C.R.S., as Amended
Mr. Wood stated that this ordinance approves an agreement that establishes the terms of
the annexation, including the zoning of the property; the preliminary plan constitutes a
development plan which establishes the vesting of rights for the development; and it also
provides a method for guaranteeing a security for the completion of the subdivision
improvements associated with the annexation and related subdivision.
Councilor McDevitt referred to a previous drawing of residential zoning of the property
with a cul-de-sac at the end and asked Mr. Bill Post, representing the applicant, if he is
adamantly opposed to it if it came to it. Mr. Post stated yes he is. He added that one
thing left off from the drawing is that there has to be a 50 foot access that comes into the
middle of the lot.
There was discussion over the drawing.
Mr. Post felt that it is bad planning to put residential against a busy road.
Councilor Curly confirmed that if the property was zoned residential, then Mr. Post
would not build the cul-de-sac.
Mayor Yoder asked what if it was residential zoning and don't put in the cul-de-sac but
leave it straight through as it is now.
Mr. Post stated that it comes down to the decision of whether you put residential lots
where they should not be. He stated that is bad planning.
Councilor McDevitt stated that the item could be deferred to the next meeting.
Councilor Brown motioned approval of Ordinance No. 01-15, Series of 2001, on first
reading.
Regular Council Meeting
October 9, 2001
After much delay for a second to the motion, Mr. Post stated that the question before
them now is the annexation, and the question everyone is struggling with is the zoning.
He stated that if Council turns it down now and says no annexation, then Mr. Post goes to
the County. He added that he has to build Post Blvd. per his annexation agreement.
They brought the McGrady Acres annexation to Avon because everyone agreed that it is
much better to put it all under one jurisdiction than to have it in various pieces both in the
County and the Town. He said the annexation makes sense regardless of the zoning. He
stated that he has no choice but go to the County if Avon says no to the annexation.
Councilor Peter Buckley seconded the motion.
Mayor Yoder asked for a roll call.
The motioned carried with Councilors Curly and Debbie Buckley voting nay.
Town Manager Report:
Town Manager Efting reported that the run which took place in Nottingham Park on
October 6th to benefit the victims of the September 11 event raised $6000.
Other Business:
Councilor Peter Buckley stated that the new Acting Avon Postmaster, Kris Edmonds,
began work today. She has also applied for the permanent Postmaster but that process
has been stalled at the US Postal Service due to a nationwide reduction in force (RIF) so
no positions will be filled until the end of the RIF.
Councilor Peter Buckley stated that tickets are on sale at the Eagle River Fire Protection
District for a fundraiser to benefit the Eagle County Firefighters Association. The
fundraiser will occur at the Evergreen Lodge on Wednesday, October 17.
Consent Agenda:
a.) Approval of the September 25, 2001 Council Meeting Minutes
b.) Resolution No. 01-28, Series of 2001, A Resolution Approving the Final
Plat, Grandview at Wildridge, A Resubdivision of Lot 45, Block 2,
Wildridge, Town of Avon, Eagle County, Colorado
c.) Resolution No. 01-29, Series of 2001, A Resolution Approving the Final
Plat, A Resubdivision of Lot 31, Block 1, Wildridge, Town of Avon,
Eagle County, Colorado
Mayor Yoder stated that item a will be pulled from the Consent Agenda.
v
Regular Council Meeting
October 9, 2001
i? Councilor Debbie Buckley motioned approval of the Consent Agenda minus item a.
Councilor Brown seconded the motion. The motion carried unanimously.
There being no further business to come before the Council, Councilor McDevitt
motioned to adjourn the meeting. Councilor Brown seconded the motion. The motion
carried unanimously and the meeting adjourned at 6:32 PM.
Y SUBMITTED:
Kristen Nash, Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Rick Cuny
Mac McDevitt
Buz Reynolds
Judy Yoder
C
Regular Council Meeting
October 9, 2001
EAGLE RIVER
WATER & SANITATION DISTRICT
846 Forest Road • Vail, Colorado 81657
(970) 476-7480 • FAX (970) 476-4089
October 5, 2001
Mayor Judy Yoder
Town of Avon
Post Office Box 975
Avon, Colorado 81620
Re: Revised Odor Ordinance
Dear Mayor Yoder:
Thank you for the opportunity to comment on the revised Odor Ordinance that is before the Town
Council on October 9. Please know that we still believe that the Ordinance changes currently proposed
do not address several important issues.
We again strongly suggest any modifications to the Ordinance be allowed to be discussed between our
staffs in order to attempt to reach a compromise that can be jointly recommended to the Avon Town
Council. To be specific, we are attaching a suggested revision to the proposed Ordinance. We request
Council adopt the ordinance we have proposed or table passage of the Ordinance next Tuesday.
We believe a Town of Avon employee should verify that the odors exist, and that they are from a
particular source. We believe this is important in order to avoid any misuse of this Ordinance.
We believe the Ordinance should allow some reasonable time limit for approval of routine cleaning,
maintenance, startup, shut down, etc.; and that an accommodation should exist for unforeseeable upsets.
We each are governmental entities attempting to do our best in our respective roles. We will have many
opportunities to work together in the future. We are, for example, at the Town of Avon's request,
currently attempting to find significant funding to assist in the construction of your bike path through
our Avon wastewater treatment plant. We expect in the future to be expanding maintenance facilities in
the Town, and will always be having utilities interface with Town easements, roadways, and Town
improvements. We strongly encourage that we work together on all of these matters rather than risk
unnecessary discord.
Thank you in advance for your consideration. We look forward to working with you. Please call me at
376-0178 prior to Tuesday night's meeting.
Sincerely,
9; C?k S aS t, _ /1Cc.L.
Rick Sackbauer, Chairman
Enclosure: Redlined Ordinance
c.c. Councilman Mac McDevitt
Town Manager Bill Elting
AV WATER, WASTEWATER, OPERATIONS & MANAGEMENT SERVICES 4\\
0 ORDINANCE NO. 01-10
AN ORDINANCE AMENDING CHAPTER 8.31 OF THE AVON MUNICIPAL
CODE RELATING TO ODOR POLLUTION
BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1, Amendment. Section 8.31.030 of the Municipal Code of the Town of Avon is
hereby repealed and reenacted to provide as follows:
8.31.030 Odor Violations. (a) It shall be deemed an unlawful nuisance for any person to
cause or permit the emission of odorous air contaminants or particulate air contaminants from
any source such as to result in detectable odors and/or particulate emissions within the Town of
Avon which leave the premises upon which they originated and which interfere with the
reasonable and comfortable use and enjoyment of property. An odor shall be deemed to interfere
with reasonable and comfortable use and enjoyment of property if it meets or exceeds any of the
following limits:
(1) It is a violation if odorous contaminants are detected when one (1) volume of the
odorous air has been diluted with seven (7) or more volumes of odor-free air as measured by the
Bamaby Chaney Scentometer or any other instrument or device designated by the Colorado Air
Pollution Control Division, as so shown by a certificate from the Division, which said certificate
shall be admitted in evidence as a self authentication document. Personnel shall be certified and
equipment shall be certified and maintained in accordance with the manufacturer's specifications
and recommendations and the Colorado Air Pollution Control Division.
(2) It is a violation to continuously emit particulate air contaminants above levels
allowed in the U.S. EPA National Ambient Air Quality Standards (NAAQS) and/or Colorado
Department of Health Standards, whichever is more strict, and then at no more than twenty
percent(20%) opacity.
(3) A violation exists when the Town of Avon is in receipt of three (3) or more calls
from individuals representing separate properties within the Town of Avon within an eight-hour
period relating to a single odor description, and a Town of Avon employelt-v-40 U44
reported odors are from a single source, The Town of Avon shall provide a designated phone
number to call to report an odor complaint. The complaints shall be recorded by a staff member
or by electronic means and shall be considered as an individual odor complaint when the
following information is provided:
a. Name, address, and phone number of complainant
b. Time and date of call.
® c. Description of odor nuisance, including estimated location or source of
complaint.
(b) Exceptions. Violations of the odorous air contaminant standard may not be subject to
penalty if any of the following circumstances exist:
(1) The routine start up, shut down, cleaning, maintenance or testing of machinery or
equipment designated to control, reduce or eliminate emissions, where persons
undertaking such activities notify the Town of Avon in writing forty-eight (48) hours
in advance . Such
notice shall include the date, duration and approximate time that the repair or
maintenance activity shall be engaged in. Approval of the activity must be provided
in writing by the Town of Avon, which may add limitations to the proposed actions if
deemed necessary to best address the public welfare. W itte ?I 'Ya- sh41 be g ven
wi n f ,ty*eigl t hotarS 44er x oe c # s J nW . After receipt of said notice, the
Town of Avon may, if deemed necessary, issue public service advisories that odor
conditions may exist.
(2) Temporary sources or events, such as rodeos, county fairs and stock shows.
plants, works er- >
() Upset,copdi,Qns or.tl e ire, Wn of, a device, facility orvroccss.ttiat causes an+ ;;;
odd qu S io if lbe;u et eSar?d #ien o -.bfeakdaw?? uidynot be r asonab
anticipated and prevented and if mmediate action is taken to elimin*o', e,u 's "
c4nd Lion and/or repair the equipmment. The Towne of A,vou shajlbi verbafty rioti i
o the upset.conditiott or bre4 down as soon as practicable and a written pya
detailing. c upset condition .o breakdown and measures taken to co cl it
submitted within three working clays of the event and the work co food ihiiEt tt?
tipe? '
,w by the pl*4- -,
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
PSOTED, This day of , 2001, and a public hearing on this
Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon,
Colorado on the day of . 2001, at 5:30 p.m., in the Municipal
Building of the Town of Avon, Colorado.
TOWN OF AVON
® Judy Yoder, Mayor
ATTEST:
C
9 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD SEPTEMBER 25, 2001
A regular meeting of the Town of Avon, Colorado was held in the Municipal Building,
400 Benchmark Road, Avon, Colorado in the Council Chambers.
The meeting was called to order by Mayor Judy Yoder at 5:32 PM. A roll call was taken
with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt and
Mayor Protein Buz Reynolds present. Councilor Rick Cuny was absent. Also present
were Town Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager
Larry Brooks, Town Clerk Kris Nash, Human Resource Director Jacquie Halburnt, Town
Engineer Norm Wood, Public Works Director Bob Reed, Transportation Director Harry
Taylor, Director of Community Development Ruth Borne, Police Sergeant Bernie
McGovern, Youth Activities Director Ron Moreno, as well as members of the press and
public.
Citizen Input:
Victim's Benefit Run
Ms. Linda Jones informed the Council of the Run for Strength, Courage and Hope. She
stated that she put the benefit together to benefit the United Way September 11th fund.
The event will take place on Saturday, October 6th in Nottingham Park.
Citizen Input:
Real Estate Transfer Tax Appeal, 5183 Longsun Lane
Councilor McDevitt stepped down from the bench due to conflict of interest.
Mr. Michael Hayes, owner of 5183 Longsun Lane, stated that he purchased his home
around August 1St and was unaware of the transfer tax exemption. He stated that he
found out about the exemption when he went to get a mortgage after closing.
Mayor Yoder asked if Mr. Hayes used a local title company, which is generally relied
upon to inform the purchaser of the transfer tax exemption. Mr. Hayes stated that he
went through Stewart Title.
Mayor Protein Reynolds stated that the title company has been given information
numerous times telling them that they are responsible for telling their clients. Mr. Hayes
stated that they did not do that.
11
Mr. Hayes stated that he closed around the lst of August and about the 11th he was
informed about the exemption. He stated that when he came to the office to pick up the
application and read it, he realized that he was after the specified date for filing but was
told that he should at least apply and then appeal to the Town Council. He stated that he
has made a commitment to be in Avon, and is not going anywhere. He also has a
business in the Brookside building. He added that Avon is going to be his home.
Councilor Debbie Buckley motioned to approve the appeal of the real estate transfer tax.
Councilor Brown seconded the motion. The motion carried with Mayor Protein
Reynolds voting nay.
Citizen Input:
Public Hearing - McGrady Acres Annexation
Mayor Yoder described the process for the meeting. She stated that the public hearing
for the annexation will be first. This is only a public hearing as to whether or not it meets
the legal criteria for annexation. Second will be first reading of an ordinance approving
the zoning. That issue is not a public hearing. Then there will be a public hearing on a
resolution for the preliminary subdivision plan for the resubdivision of McGrady Acres.
Town Attorney Levin stated that this is a public hearing on the McGrady Acres
annexation petition. He stated that the procedure for annexation is a three step process
governed by Colorado State Statutes. First, the applicant submitted a petition for
annexation to the town. Second, is the hearing as to whether the annexation petition does
comply with law and if the property is eligible for annexation. Third, is the ordinance to
decide whether or not to annex the property.
Mr. Levin stated that the only requirements to determine that the property is eligible for
annexation is whether 1 /6 of the land to be annexed is contiguous to the town boundaries.
He stated that approximately 1 /3 of the land is contiguous. Also, they have to show a
community of interest between the land to be annexed into the town and the town land.
They have satisfied that aspect.
Mr. Levin stated that a resolution for the findings of facts will be voted on later in the
meeting. He stated the resolution states that a hearing was held, and the land is eligible
for annexation. If approved, an ordinance will go before Council at a later meeting
annexing the land.
Mr. Rick Pylman of PJ Land Planning, representing the applicant, stated that the criteria
that must be met for eligibility to annex into the town are that there is not less than 1/6 of
the perimeter of the area proposed to be annexed contiguous with the existing town
boundaries. He stated that approximately 1/3 of the land is contiguous. Also, is there a
community of interest that exists, is the property urban or can it be urbanized in the near
future, and is the area capable of being integrated with the town. 0
Regular Council Meeting
September 25, 2001
Ms. Kathleen Walsh asked how this portion of the annexation will effect the lot (Lot 6)
that is not being annexed into the town. Mayor Yoder stated that it does not. Ms. Walsh
asked if that leaves a portion of land that is not in Avon, but surrounded by the town.
Mr. William Post, representing Traer Creek, LLC, stated that Lot 6 has a public road on
one side and the opposite side of the road is still county so it is not deemed surrounded by
town of Avon.
There being no further comments, Mayor Yoder closed the public hearing.
Citizen Input:
Mr. Mike Bowen, owner of Lot 6 and Lot 1, stated that he is involved in this annexation
because there is a new road that will run along Lot 6, and part of Lot 1 may be taken by a
cul-de-sac. Mr. Bowen stated that once Lot 3 has been annexed, he will be contiguous to
Avon and also the county. He stated that he would not be interested in annexing Lot 6
into Avon unless it has commercial zoning.
Councilor McDevitt asked Mr. Bowen if he would be willing to have the same conditions
put on Lot 6 as Traer Creek if he annexed into the town as neighborhood commercial.
Mr. Bowen stated on most items he would, but would have to look more closely at the
conditions.
•
Ordinances:
First Reading of Ordinance No. 01-08, Series of 2001, An Ordinance Approving Zoning
for Lots 1, 2, and 3 of a Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady Acres
Subdivision, Town of Avon, Eagle County, Colorado
Town Engineer Norm Wood stated this is the zoning ordinance for the proposed
annexation of McGrady Acres. The zoning ordinance has been before the P&Z
Commission where a public hearing was held. It was also reviewed in conjunction with a
preliminary plan, when at the time, showed Eaglebend Drive going through and
connecting with the new Post Boulevard. At the last Town Council meeting there was
also a public hearing on this zoning ordinance where the Council received considerable
input regarding the proposed zoning as well as comments regarding the proposed
preliminary plan. The preliminary plan has since been revised to reflect a cul-de-sac at
the end of Eaglebend Drive from the proposed area. The proposed zoning still calls for
Government/Park/Employee Housing for Lot 1, which is the park. Lots 2 and 3 are
proposed as Neighborhood Commercial. Lot 3 is adjacent to and between the park and
Post Blvd., Lot 2 is on the east side of Post Blvd. away from the park.
Mr. Wood stated that Council's action, based on the public hearing and information
received, is to determine whether this is appropriate zoning for the area or if a different
Regular Council Meeting
September 25, 2001
type should be proposed. If it concurs with the neighborhood commercial zoning as
proposed, the recommendation would be to approve the ordinance on first reading. If that
is not the desire and Council feels another zoning would be appropriate, then the
recommended action would be to deny the ordinance on first reading.
Mr. William Post, representing Traer Creek, LLC, stated that the question still stands as
to whether Lot 3 should be Neighborhood Commercial or whether it should go to some
form of residential. Mr. Post stated that they have worked with the Eaglebend residents
when they asked to move the rock crusher, to not use Stonebridge Drive for a secondary
access, and also to install and pay for a cul-de-sac. He does not feel that it is good
planning to make Lot 3 residential because they will be too close to a busy road. He
stated that he does not want to build a cul-de-sac voluntarily if he is forced to put in
residential, which the Council can force him to do. Mr. Post stated that he would also
install a fence or wall between the two neighborhoods if zoned commercial. He stated
that he would do both the cul-de-sac and the fence if the property is zoned Neighborhood
Commercial.
Councilor McDevitt was concerned about allowing the commercial zoning because of the
uncertainty of Lot 6, but since the owner of Lot 6 stated that he would be willing to abide
by the same stipulations as Traer Creek, he is no longer concerned.
Mayor Protem Reynolds motioned approval of Ordinance No. 01-08, Series of 2001 on
first reading. Councilor McDevitt seconded the motion.
The Mayor asked for a roll call.
The motion carried unanimously.
Ordinances:
Second Reading of Ordinance No. 01-09, Series of 2001, An Ordinance Approving an
Amendment of the Mountain Star Planned Unit Development (PUD) for Lots 27 and 24,
Mountain Star Subdivision, Town of Avon, Eagle County, Colorado
Mayor Yoder stated that this is a public hearing.
Comm. Dev. Director Borne stated that this is the second reading of the ordinance where
Mr. Rogel is losing his development right on Lot 24 and is creating a larger lot on Lot 27.
He has an existing home on Lot 27. Staff recommends approval.
There being no comments, Mayor Yoder closed the public hearing.
Councilor Debbie Buckley motioned approval of Ordinance No. 01-09, Series of 2001 on
second reading. Councilor Brown seconded the motion.
C]
Regular Council Meeting
September 25, 2001
Mayor Protein Reynolds asked if this lot would be zoned single family or
primary/secondary. Ms. Borne stated single family.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
Ordinances:
First Reading of Ordinance No. 01-10, Series of 2001, An Ordinance Amending Chapter
8.31 of the Avon Municipal Code Relating to Odor Pollution
Town Attorney Levin stated that the current ordinance that the Town has was nullified by
the Municipal Court Judge's ruling.
Councilor Debbie Buckley motioned approval of Ordinance No. 01-10, Series of 2001 on
first reading. Councilor Brown seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
is Ordinances
First Reading of Ordinance No. 01-11, Series of 2001, An Ordinance Amending Chapter
8.32 of the Avon Municipal Code Relating to Penalties for Odor Pollution
Town Attorney Levin stated that this ordinance states the Town can collect no more than
$300 upon conviction of the Town's violation of the odor ordinance, which is prescribed
by State law. He stated that while the Town can have a more stringent odor ordinance,
they cannot fine more than $300 per incident.
Mayor Protein Reynolds motioned approval of Ordinance No. 01-11, Series of 2001 on
first reading. Councilor Debbie Buckley seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously..
E
Regular Council Meeting
September 25, 2001
Ordinances:
First Reading of Ordinance No. 01-12, Series of 2001, An Ordinance Approving the
Barrancas Planned Unit Development (PUD) for Lots 38, 40, and 41, Block 1,
Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado
Mayor Yoder stated that this item has been tabled.
Resolutions:
Resolution No. 01-26, Series of 2001, A Resolution Approving Preliminary Subdivision
Plan for a Resubdivision of McGrady Acres, Lots 1, 2, 3, 4 and 5, Eagle County,
Colorado
Mayor Yoder stated that this is a public hearing.
Town Engineer Wood stated that this is the second presentation before Council of the
preliminary plan for the resubdivision of McGrady Acres Lots 1 through 5 in conjunction
with the proposed annexation of this section of McGrady Acres. He stated that
previously there was a request for consideration of zoning and based on public input the
recommendation was that the plan be modified to include a cul-de-sac at the end of
Eaglebend Drive and eliminate the direct connection between Eaglebend Drive and Post
Blvd. That revision has been made to the preliminary plan. He stated that it is
appropriate to continue the public hearing and take the input with regard to the revised
plan layout.
Mr. William Post, representing Traer Creek, LLC, stated that he would be available for
questions but would not make a formal presentation.
Mr. Carol Kreuger, resident of Eaglebend Drive, questioned parking on the cul-de-sac.
They would like as much green space on the cul-de-sac as possible and would like to see
no parking. Mr. Wood stated that there is no parking shown on the plan, but there is
room to incorporate parking if so desired.
Ms. Kathleen Walsh, resident of Eaglebend Drive, questioned how the lot lines were
derived under the resubdivision. She questioned how much and why the Town decided
to give a portion of Lot 1 to Traer Creek. Mr. Post stated that the actual park size will be
larger than the existing park.
Mr. Bobby Banks, resident of Eaglebend Drive, stated that where the cul-de-sac is
located wouldn't serve the rest of that lot if in fact the zoning is residential. He stated
that the land on either side of the cul-de-sac was supposed to be a buffer. The buffer
doesn't even go to the end of the cul-de-sac on the plans. He wonders how much of a
buffer it will really be. Mr. Banks stated that Traer Creek is going to have to build a road
either way and we are saving them money asking them to build the cul-de-sac. The
Regular Council Meeting
September 25, 2001
amount of asphalt they have to pour to build a new road is not as must as to build a cul-
de-sac. Also, half of the existing road would revert to the park, which is owned by the
town, if they do abandon the road and build a new road. Then they would get half. Mr.
Banks asked that the half that would be reverted to Lot 1 be included and bring the
boundary of the new Lot 1 so it comes to the edge of the cul-de-sac to add to the buffer.
Ms. Chris Ekrem, resident of Eaglebend Drive, asked Mr. Post the timetable for the cul-
de-sac, the bridge and the connection to Highway 6. Mr. Post stated that they propose to
have it all completed by spring of 2003. They intend to close the new cul-de-sac at the
time the new bridge is open. He stated that they are not planning to bring any
construction traffic down Eaglebend Drive, but he does want to leave it open for non-
construction traffic while doing construction traffic on the existing bridge. They want to
keep construction traffic separate from non-construction traffic. Once they open the new
bridge to non-construction traffic they will then close Eaglebend Drive and install the
cul-de-sac. Ms. Ekrem confirmed that at no time is Eaglebend Drive going to have
construction traffic. Mr. Post stated that is correct.
Mr. Craig Ferraro, Eaglebend Drive resident, felt that a cul-de-sac could be built and still
have residential zoning instead of commercial zoning. He felt that what is being
presented tonight will force them into a certain zoning requirement.
Councilor Peter Buckley asked Mr. Post to bring back a drawing of the cul-de-sac at the
next meeting. Mr. Post will bring a drawing of the cul-de-sac with parking and one
® without parking.
Ms. Krueger asked if the buffer on Traer Creek's lots set a precedence for the owner of
Lot 6 to indicate that they would also get the buffer on that side of the cul-de-sac.
Council stated that it would not.
There being no further comments, Mayor Yoder closed the public hearing.
Mayor Protein Reynolds motioned approval of Resolution No. 01-26, Series of 2001.
Councilor Debbie Buckley seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
Resolutions:
Resolution No. 01-27, Series of 2001, A Resolution Setting Forth Findings of Fact and
Conclusions Regarding the Public Hearing Held on the Annexation Petition Filed by
EMD Limited Liability Company and Traer Creek LLC Concerning a Portion of the
Land Known as McGrady Acres
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Regular Council Meeting
September 25, 2001
Mr. Levin stated that this resolution states the Findings of Fact of the Town Council
based on the testimony as to whether the annexation petition complies with law and
whether the property is eligible for annexation. This resolution recites that the Council
finds that the requirements of the Colorado Annexation Statute are being met, that the
property is eligible for annexation, and none of the citizens petitioned for an election on
the annexation petition.
Councilor Peter Buckley motioned approval of Resolution No. 01-27, Series of 2001.
Councilor Brown seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
Consent Agenda:
a.) Approval of the September 11, 2001 Council Meeting Minutes
b.) Financial Matters
c.) Resolution No. 01-24, Series of 2001, A Resolution Approving the Third
Amendment, Mountain Star, A Resubdivision of Lot 24 and 27, Mountain
Star, Town of Avon, Eagle County, Colorado
d.) Resolution No. 01-25, Series of 2001, A Resolution Certifying Delinquent
Assessment Payments for Local Improvement District No. 1990-1 (Wildridge
Special Improvement District) for Collection by Eagle County Treasurer
e.) Contract with The Reynolds Corporation for Mountain Star Bridge Work
Mayor Protem Reynolds stated that he will abstain from voting on item e of the Consent
Agenda.
Councilor Debbie Buckley motioned approval of the Consent Agenda. Councilor Brown
seconded the motion. The motion carried unanimously.
There being no further business to come before the Council, Councilor McDevitt
motioned to adjourn the meeting. Councilor Brown seconded the motion. The motion
carried unanimously and the meeting adjourned at 6:38 PM.
PECTFULLY SUBMITTED:
Nash, Town
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Regular Council Meeting
September 25, 2001
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Rick Curly
Mac McDevitt
Buz Reynolds
Judy Yoder
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E.
Regular Council Meeting
September 25, 2001
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FINANCIAL MATTERS
October 23, 2001
1. Detail - Building Activity Report
2. Detail-Real Estate Transfer Taxes
3. Detail-Sales Tax Update
4. Detail-Accomodations Tax Update
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Town of Avon 970-748-4030
P.O.Box 975
Avon, Co. 81620
748-4094 For Inspection Request
Permit Tally Printed:10/1/01
For September, 2001 Page1 of 2
Permit Purpose: New SF Residential
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 2 Construction Value: $1,700,000.00
# of Bldgs: 2 # of Units: 2 Permit Charges: $19,792.50
Permit Purpose: Pools/Hot Tubs
Public: Construction Value: $.00
# of Bldgs: cDkz- : ;.s\ # of Units: Permit Charges: $.00
Private: 1 Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Permit Purpose: Recreational Public
Public: A??. Vic- w--" Construction Value: $.00
# of Bldgs: f # of Units:
A Permit Charges: $.00
U-) A.:-4 M
I,
Private: 1 Construction Value: $464,048.00
# of Bldgs: # of Units: Permit Charges: $.00
Permit Purpose: Repair/Remodel MF Residential
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 1 Construction Value: $6,460.00
# of Bldgs: 1 # of Units: 3 Permit Charges: $139.25
Permit Purpose: Repair/Remodel SF Residential
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Permit Tally Printed:10/1/01
For: September, 2001 Page2 of 2
Permit Purpose: Repair/Remodel SF Residential
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 1 Construction Value: $6,000.00
# of Bldgs: 1 # of Units: Permit Charges: $206.66
Permit Purpose: Retaining Wall
Public: lO ", T"'t,>*-1-Mnstruction Value: $.00
# of Bldgs: t,., ,4w-k # of Units: Permit Charges: $.00
Private: 1 Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Permit Purpose: Tenant Finish
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 2 Construction Value: $20,225.00
# of Bldgs: # of Units: Permit Charges: $709.41
Totals:
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 9 Construction Value: $2,196,733.00
# of Bldgs:4 # of Units: 5 Permit Charges: $20,847.82
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Town of Avon
Real Estate Transfer Tax Transactions
Calendar Year 2001
Purchaser Amount of RETT
Name Property Received
$771,250.39
Stein Ridgepoints #14 ($9,300.00)
TheTitle Company Christie Lodge Timeshares $726.40
The Title Company Chrisite Lodge Timeshares $355.20
Havlik Sunridge #301 $2,760.00
Katsnelson Sunridge #201 $2,900.00
Holiday Resales Falcon Pointe $68.00
Holiday Resales Falcon Pointe $200.00
Imhof Suncrest #3 $2,620.00
Casebier Benchmark #D11 $1,500.00
Carney Greenbriar #32 $398.00
Havlik Sunridge #204 $268.08
Wolff III Blk 1 Lot 114 WR $6,400.00
Smith Lot 80 Blk 4 WR $8,900.00
Parish Brookside #302 $9,500.00
The Title Company Christie Lodge Timeshares $960.30
Scott Vail Avon Commercial Park #1 SC $9,600.00
Wolk Avon Lake Villas #R2 $4,760.00
Brege The View Townhomes #B $5,000.00
Eadens Benchmark Lot 5B Blk 2 $4,000.00
Lawson Sunridge #0104 $2,700.00
Small La Vie Bonne Townhouses $5,400.00
Christoferson Avon Crossing #4204 $4,400.00
Kollars Lot 9 Blk 2 WR $12,200.00
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Town of Avon
Real Estate Transfer Tax Transactions
Calendar Year 2001
Purchaser
Name
Property Amount of RETT
Received
Mcelroy Avon Crossing #4210 $790.00
Knudson Avon Crossing #3103 $3,800.00
Pugliese Avon Lake Villas #L4 $4,100.00
Title Company of the Rockies Christie Lodge Timeshares $726.40
Title Company of the Rockies Christie Lodge Timeshares $991.60
Ruther The View Timeshares #A $8,000.00
Katsnelson Sunridge #M101 $2,740.00
Katsnelson Sunridge #E101 $2,920.00
Rosor LLC Lot 35 Blk 1 Benchmark $17,700.00
Mauriello Lot 88E Villamonte $2,980.00
Total through September $892,314.37
2
TOWN OF AVON
SALES TAX BY MONTH
1997 96-97% 1998 97'-981% 1999
Change Change
January 377,597.32 13.67% 379,424.41 0.48% 384,939.69
February 362,516.58 10.86% 378,112.00 4.30% 397,323.16
March 468,675.51 14.88% 460,191.56 -1.81% 474,933.06
April 265,356.48 4.91% 310,197.72 16.90% 302,864.19
May 241,012.56 8.53% 249,079.90 3.35% 265,405.35
June 313,116.79 5.03% 337,562.03 7.81% 395,755.68
July 353,101.99 5.37% 370,086.73 4.81% 395,954.38
August 338,134.48 4.22% 363,110.96 7.39% 366,648.94
September 319,410.91 5.58% 333,508.38 4.41% 364,432.54
October 263,685.99 -0.89% 305,035.11 15.68% 295,541.62
November 339,200.41 18.94% 335,073.59 -1.22% 320,335.28
December 533,904.08 4.86% 550,077.22 3.03% 564,813.35
YTD Total 4,175,713.10 8.10% 4,371,459.61 4.69% 4,528,947.24
98'-99'% 2000 991-0010/0 2001 00'-01% Total 5-Yr
Change Change Change % Increase
1.45% 359,721.88 -6.55% 408,217.16 13.48% 8.
5.08% 397,291.59 -0.01% 401,384.50 1.03% 10.72%
3.20% 457,053.94 -3.76% 503,411.30 10.14% 7.41%
-2.36% 337,087.43 11.30% 344,079.71 2.07% 29.67%
6.55% 286,191.36 7.83% 317,331.11 10.88% 31.67%
17.24% 398,869.89 0.79% 393,695.61 -1.30% 25.73%
6.99% 415,978.51 5.06% 434,867.02 4.54% 23.16%
0.97% 400,447.52 9.22% 421,012.61 5.14% 24.51%
9.27% 375,400.90 3.01% - -100.00% -100.00%
-3.11% 320,796.00 8.55% - -100.00% -100.00%
-4.40% 329,170.99 2.76% - -100.00% -100.00%
2.68% 607,777.58 7.61% - -100.00% -100.00%
3.60% 4,685,787.59 3.46% 3,223,999.02 5.61% 18.55%
YTD Through August Collections 1997-2001
3,300,000.00
3,200,000.00
3,100,000.00
3,000,000.00
2,900,000.00
2,800,000.00
2,700,000.00
2,600,000.00
2,500,000.00
2,400,000.00
Year
Monthly Collections for August 1997-2001
450,000.00
400
000.00
,
350,000.00
300,000.00
250,000.00
200,000.00
150
000
00
,
.
100
000
00
,
.
50,000.00
1997 1998 1999 2000 2001
t q> t
F.?7rv
a ,
-
;} ,
ti
1997 1998 1999 2000 2001
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TOWN OF AVON
ACCOMMODATIONS TAX BY MONTH
1997 96'-97% 1998 9T-98% 1999 98'-99% 2000 99'-0096 2001 001-01'% Total 5-Yr
Change Change Change Change Change % Increase .
January 39,958.27 5.75% 39,357,21 -1.50% 41,102.99 4.44% 24,753.92 -39.78% 35,913.75 45.08% -10.12%
February 45,305.47 6.89% 42,769.24 -5.60% 36,985.03 -13.52% 32,158.10 -13.05% 42,137.63 31.03% -8.99%
March 63,054.38 12.83% 51,035.34 -19.06% 42,018.24 -17.67% 42,385.82 0.87% 55,435.56 30.79% -12.08%
April 11,850.40 -0.34% 13,556.94 14.40% 11,609.15 -14.37% 10,166.11 -12.43% 12,152.00 19.53% 2.55%
May 8,759.53 30.67% 5,762.93 -34.21% 6,117.50 6.15% 5,712.27 -0.62% 6,749.18 18.15% -22.95%
June 13,982.39 10.68% 12,609.03 -9.82% 14,95828 18.63% 15,610.67 4.36% 15,630.07 0.12% 11.78%
July 21,298.64 6.76% 20,845.64 -2.13% 21,120.57 1.32% 21,769.19 3.07% 22,567.70 3.67% 5.96%
August 22,365.12 9.68% 22,875.39 2.28% 16,452.89 -28.08% 17,093.13 3.89% 19,873.96 1627% -11.14%
September 11,173.41 -14.66% 11,262.18 0.79% 10,300.61 -8.54% 12,810.60 24.37% - -100.00% -100.00%
October 8,819.05 -18.59% 8,315.76 -5.71% 7,258.18 -12.72% 9,139.51 25.92% -100.00% -100.00%
November 12,112.05 -5.56% 10,81322 -10.72% 7,889.97 -27.03% 10,233.40 29.70% -100.00% -100.00%
December 40,0W05 18.97% 32,602.89 -18.49% 25,606.29 -21.46% 32,309.50 26.18% -100.00% -100.00%
YTD Total 298,678.76 7.44% 271,805.77 -9.00% 241,419.70 -11.18% 234,142.22 -3.01% 210,459.85 24.06% -7.11%
YTD Through August Collections 1997-2001
250,000.00
200,000.00
150,000.00
100,000.00
50,000.00
1997 1998 1999 2000 2001
Year
Monthly Collections for August 1997-2001
25,000.00
? t a Y
20,000.00
15,000.00 =s? y
10,000.00
r. r
5,000.00,?x s f
1,4
^Y , wn ?1997 1998 1999 2000 2001
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Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Norman Wood, Town Engineer; ?d
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Anne Martens, Assistant Town Engineer
Date: October 16, 2001
Re: Resolution No. 01 - 32, Approving the Final Plat, A Resubdivision of Lot 15, Block 3,
Wildridge, Town of Avon, Eagle County, Colorado (4191 Little Point)
Summary: Wildridge Point, LLC, owner's of Lot 15, Block 3, Wildridge, have submitted a
Final Plat to resubdivide Lot 15, Block 3, Wildridge, Town of Avon, Eagle County, Colorado.
This is a Duplex Subdivision of a developed lot, creating Duplex lots 15 A and 15 B, and a
common lot C for access and parking. The Subdivision is in conformance with the Title 16 of
the Avon Municipal Code, Subdivisions.
Recommendations: Staff recommends approval of Resolution No. 01 - , Series of
2001, A Resolution Approving the Final Plat, a Resubdivision of Lot 15, Block 3, Wildridge,
Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be
approved by staff.
Town Manager Comments:
C:0=ments and SetlingsVnwoodlLocal SettngsUemporary Intemet Files\OLK2115B3WR.doc
TOWN OF AVON
RESOLUTION NO. 01- 32
Series of 2001
A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 15,
BLOCK 3, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Wildridge Point, LLC have submitted a Final Plat for a Resubdivision of Lot 15,
Block 3, Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, the Final Plat has been reviewed by the Town Staff; and
WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the
Avon Municipal Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration as a
Final Plat.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Final Plat for A Resubdivision of Lot 15, Block 3, Wildridge, Town of
Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to:
The completion of technical corrections as identified by Town Staff.
ADOPTED THIS
DAY OF
, 2001.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Kris Nash
Town Clerk
11
CADocuments and Settings\nwood\Local Settings\Temporary Internet Fi1es\0LK2\L15B3WRres0132.doc
• Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Norm Wood, Town Engineer
Anne Martens, Assistant Town Engineer
Date: October 17, 2001
Re: Nottingham Road Bike Path
Change Order 3
Summary: Attached Change Order Number 3 for the Nottingham Road
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Bike Path Project represents modifications necessary to deal with field conditions and final
quantity adjustments. Change Order Number 3 is for the installation of erosion control
matting at the outlet of a drainage pipe, guardrail modifications to allow for additional access
to the path, additional traffic control required to the proximity of the wall construction to the
adjacent roadway, additional railing required at west end of the path, and additional walls
required due to existing grade. The cost of the Change Order is to increase the contract
amount by $27,813.81 and to increase the contract time by 28 calendar days. The increase in
the contract time is to allow for the mobilization of the guardrail subcontractor. The date of
completion would then be October 29, 2001, instead of October 1, 2001.
The net effect of this Change Order is to increase the Contract Amount from $ 672,757.30 to $
700,571.11. This change is necessary to make the path safe and to deal with unanticipated
drainage and grading issues. This change is provided for by the contingency item in the
project budget. This is the final change order and the project is within the approved Project
Budget.
Construction Contract
Change Order No. 1
Change Order No. 2
Change Order No. 3
C
Approved Project Budget
$650,056
Design $ 30,000
Contract Administration / Testing $ 32,500
Administration $ 2,500
Contingency (10%) $ 71,444
Total Construction Budget $786,500
Proiect Costs
$ 650,056
$ 10,856
$ 11,844
$ 27,813
$ 30,000
$ 30,915
$ 2,500
$ 22,516
$ 786,500
I:AEngineering\CIP\Nottingham Road Bike Path\4.0 Construction DocA4.5 Change Orders\CO Memo 3.Doc
Approval of Change Order 3 to the B & B Excavation, Inc. contract for construction of the
Nottingham Road Bike Path is recommended, increasing the Contract amount $ 27,813.81
from $ 672,757.30 to $ 700,571.11 and increasing the contract time by 28 calendar days with
a completion date of October 29, 2001.
Recommendations: Approve Change Order 3 to the B&B Excavation, Inc.
contract for construction of the Nottingham Road Bike Path, increasing the Contract amount $
27,813.81 from $ 672,757.30 to $ 700,571.11 and increase the contract time by 28 calendar
days with a completion date of October 29, 2001.
Town Manager Comments:
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I:\Engineering\CIP\Nottingham Road Bike Path\4.0 Construction Doc\4.5 Change Orders\CO Memo 3.Doc 2
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FINAL CHANGE ORDER ADJUSTMENTS
Order No.: 3
Date: 10-16-01
Agreement Date:
NAME OF PROJECT: Nottingham Road Bike Path
OWNER: Town of Avon
CONTRACTOR: B&B Excavating
The following changes are hereby made to the CONTRACT DOCUMENTS:
Revise the plans as follows:
Item 1: Change two (2) 48-inch drop manholes to 60-inch drop manholes: $1,466.00
Item 2: Install two (2) rolls PEC-MAT erosion control fabric across bike path from 18-inch CAP
pipe at Sta. 34+21.68: $1,589.00
Item 3: Remove guardrail and add end sections per EVE and TOA plans:
Remove guardrail/hand dig post holes (due to gas line) $1,188.00
Place two (2) each Type 3K end anchorages $8,589,00
Total $9,777.00
Increase contract time by 28 days to allow for mobilization of special sub-contractor for
guardrail end sections.
Item 4. Provide, Place and Remove Type 4 barrierswith traffic control.
Remove and Reset guard rail, Complete and in place: $5,890.00
Item 5: MSE Wall in place of boulder wall for area <= 4' tall:
Add MSE Wall, 582 s.f. @ $20.33/s.f., Complete and
in place 11,832.00
Less Boulder Wall in this area, 146 IS @$26.89/11 ($3925.94)
Total $7,906.06
Item 6: Add Bicycle/Pedestrian Railing above headwall at approx.
Sta. 7+53. 251.f. @ $47.43/l.f. $1,185.75
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Change to CONTRACT PRICE: $ 27,813.81
Original CONTRACT PRICE: $ 650,056.00
Current CONTRACT PRICE adjusted by previous CHANGE ORDER _$ 672,757.30_
The CONTRACT PRICE due to this CHANGE ORDER will be increased by.
$_27,813.81
The new CONTRACT PRICE including this CHANGE ORDER will be $_700,57 1. 1 I
Change to CONTRACT TIME:
The CONTRACT TUVIE will be increased by 28_ calendar days.
The date for completion of all work will be October 29, 2001 (Date).
APPROVALS
REQUIRED-
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved by Owner:
Federal Agency Approval (where applicable):
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ON_. OF__THE TOWN OF AVON COUNCIL
THE -MATTER OF LOT. 41, BLOCK. 1, WILDRIDGE y
SUBDIVISION - APPLICATION FOR SPECIAL
REVIEW USE APPROVAL FOR A - HOME
OCCUPATION/DAY CARE HOME APPEAL FROM
THE PLANNING AND ZONING. COMMISSION
WHEREAS an appeal has been taken from the decision of the Planning and Zoning
Commission approving Shawn Walkowicz`s application for special review use approval for a
home day care as "a home occupation at Lot 41 Block 1, Wildridge Subdivision; and
WHEREAS a hearing on such appeal was held before the Avon Town Council on the
23`d day of October, 2001.and
WHEREAS upon the'vote of the Town Council it was decided that the decision of the
Planning and Zoning Commission in this matter should be [confirmed] [modified] [reversed];
NOW THEREFORE, BE IT DECIDED BY THE TOWN COUNCIL OF AVON this
23rd day of October, 2001, that the decision of the Planning and Zoning Commission in the
above matter is/confirmed
- modified
_ reversed
[In cases in which the decision of the Planning and Zoning Commission is modified
or reversed, the reasons for such action shall be specifically described in the space that
follows.]
AVON TOWN COUNCIL
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17.48.040 Criteria for review; recommendation, and approval of special
review uses.'
staff and the planning and zoning commission shall consider the following
'a when evaluating an application fora special review use permit.
A. hether the proposed use otherwise complies with all requireme
im osed by the zoning code;
B. Whet r the proposed use is in conformance with the town
compre nsive plan;
C. Whether th roposed use is compatible with adjacent u s. Such
compatibility y be expressed in appearance; archite ral scale and,
features, site d n, and the control of any adverse i pacts including
noise; dust, odor, II ting, traffic, safety, etc. (Ord. 9 -10 §1(part)).
Town Manager Comments:
~ fl~ e-i9 ~ ~-f4 M e /N % c A 7 / i9
rµ i y'1, i~ri e-, fy dAr re, u r~e.~ e
Attac ments:
A. Planning and Zoning Commission m ng mi
B. Planning and Zoning Commission
C. Staff Report for Special
Memo to Town Council, October 23, 2001
Child Day Can: Home Appeal
Application
~l rin/ /1 941
Set or//+ ,fin/ Se/ /7, 0(01
01
Page 3 of 3
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Geralyn 'D . & Rich Carroll
P.O. Box 4328
2121A Long Spur
Avon, CO 81620
September 24, 2001
u
To Whom it may Concern;
This letter is ou_r.formal appeal to the Town of Avon Town Council regarding the
decision made by the Town of Avon Planning and Zoning Committee to allow a
home day care to operate at 2121 B Long Spur, Lot 41, Block 1, in Avon. This
was the decision made at the September 18, 2001 meeting.
Thank You,
Rich Carroll
01`d ~0 NMO~
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Geralyn D. Carroll
COLORADO
MOUNTAIN
MEDICAL,P.C.
CARDIOLOGY
Larry Gaul, MD, FACC
Kelly A. Fralick, ACNP-C
FAMILY PRACTICE
Jennifer Betienhausen, MD
Jonathan C. Feeney, MD
Phil Freedman, MD
Jean Hadley, MD
Brad Lyons, MD
Marc R. Peck, MD
Kent A. Petrie, MD
Steve Yarberry, MD
Susan A. Vickerman, DO
Meg Hartley, PA-C
Catherine Kitchen, PA-C
GENERAL'SURGERY
Michael Bradshaw, MD
Laura Medina, MD
INTERNAL MEDICINE
Jack Eck, MD
Wagner Schorr, MD
Mark Stephens, MD
Teresa Cherry, MD
OBSTETRICS
GYNECOLOGY
INFERTILITY
Edward L. Cohen,-MD, FACOG
Lone C. Berta, MD, FACOG
Kelly Isbill, DO
PEDIATRICS
Marna Bledsoe, MD, FAAP
Donald White, MD, FAAP
ADMINISTRATION
Michael R. Rohr, C.A.O.
Susan A. O'Neill C.F.O.
Ellie Wyatt, C.O.O.
October 2, 2001
Town of Avon
ATTN: Town Clerk
PO Box 975
Avon, CO 81620
To Whom It May Concern:
GF'~
I am in support of Shawn Walkowicz starting a daycare at her
home. I have talked to her about my concerns about children
walking to the bus stop to meet the bus at 8:27 at the corner
and she has assured me that the children's drop off time will be
after 8:30 in the morning and that the drop off times have been
spaced out so that not all parents will be showing up at exactly
the same time. As a pediatrician in this community,'I am very
aware of the need for more small, in home daycare and wanted to
let you know that I support this particular daycare.
Sincerely,
~1111011 ~ '0111 .4111 P-'Ite~
001,
Marita Bledsoe, M.D./rjb
IN AVON
P.O. Drawer 3380, Avon, CO 81620 IN VAIL IN COPPER
Tel. (970) 949-3222, Fax (970) 949-4047 181 W. Meadow Dnve - Suite 200, Vail, CO 81657-5059 P.O. Box 3808
IN EDWARDS Tel. (970) 476-5695, FAX (970) 476.8976 (west office) 860 Copper Road, Copper Mountain, CO 80443
P.O. Box 1749, 0320 Beard Creek Road, Edwards, CO 81632-2718 181 W. Meadow Drive - Suite 500, Vail, CO 81657-5059 Tel. (970) 968-2330, FAX (970) 968-6681
Tel. (970) 926-6340 FAX (970) 926.6348 Tel. (970) 476.7600, FAX (970) 476-5676 (east office)
•
Mark Kizzire - Susan Pederson -
2133 - A Long Spur Lane
P. O. Box 8635
Avon, Colorado 81.620
970.949.6621
October 2, 2001
Ms. Ady Yoder, Mayor
Mr. Buz Reynolds, Mayor Protem
Mr. Michael Brown Councilor
Ms. Debbie Buckley, Councilor
Mr. Rick Cuny, Councilor
Mr. Mac McDevitt, Councilor
TOWN :OF AVON
Post Office Box 97
Avon, Colorado 81620
Re: Special Review Use Appeal
Lot 41, Block 1, (2121-B Long Spur Lane) Wildridge'Subdivision
Day Care ,
Honorable Mayor and Councilor's,
On September 18, 2001 we attended the regular meeting of the Planning 8' Zoning
Commission because of our interest in the above captioned matter. We reside at 2133-
A Long Spur Lane, immediately adjacent to the Day Care facility which was approved-
that evening bye 4 to 1 vote.
We are- pleased that you will be reviewing the appeal to,the decision made by your
Planning & Zoning Commission;, such appeal was strongly recommended by Mr. Chris
Evans, Chairman. We sincerely hope that you will listen to your neighbors and make
your decision based on public attitudes, as recommended in the Town of Avon "
Comprehensive Plan, dated November 5, 1996.
Your Comprehensive Plan was drafted to be "dynamic and flexible enough to respond to
changes in. economic conditions, legislative action, development technologies, and
public attitudes". Your adopted vision provides for "social concerns and a safe
environment changing community values, and-,the need for a more family-oriented
environment".
Long Spur. Lane is a family-oriented environment, We are proud of it and the addition of a
business that does indeed result in more traffic, as well as potential employees is not'
compatible with such ,a family-oriented environment.
We are concerned about safety on our Lane, which is, a dead-end cul-de-sac. The
additional, albeit minimal, traffic generated by a business operation is not prudent - nor
do we belie6e it should be encouraged by the Town.
October 2, 2001
Page two
The Town's definition or a "Home Occupation" includes the following provisions:
A. Does not produce noise audible outside'the dwelling unit where such activity
is taking place.
B. Does not alter the exterior of the property, or affect the residential character
of the neighborhood:
C. Does not interfere with parking, access or other normal activities on adjacent
properties;-
D. Does not require or allow employees to work on the property.
The Planning & Zoning Commission disregarded public testimony'on these provisions,
with statements such as:
"The.noise we're talking about here would be like having a factorynext-door, not
infants and toddlers"
"Well, if, the State license requires a fence around the property, -you'll. have to
apply for, a fence permit, and we'll see if that can be approved, but we don't like
to approve fences in Wildridge"
"We think there is adequate parking and access"
"Let's change the staff recommendation so that no employees are allowed" (Yes,
the staff recommendation approved part-time employees). -
The Town's Comprehensive Plan includes Land Use Policy (A1.8) "Home occupations
that reduce commuting by residents a4d do not negatively impact other residents, should
be encoura,ged.° You have a document signed by 20 other residents of Long Spur Lane
that truly believe that the addition of this business will negatively impact them. The
Planning & .'Zoning Commission had testimony from a real estate professional that this
business would negatively "impact the financial investment of other residents. There was
testimony regarding liability issues for adjacent property owners that was patently
disregarded by your Commission.
We understand that the Planning & Zoning- Commission is appointed to interpret and
apply the provisions of the Town's Comprehensive. Plan. We hope that our elected
officials can go beyond the "black and white", listen carefully and make a decision based
upon all the testimony received.
We-look forward to seeing you at the public hearing to appeal the Special Use for Home
Occupancy Child Came on October 9, 2001.
Sincere) ,
-
i 3_ =
rk D. Kizzire Susan eterson
~I
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OCT-01-2001 04:51 PM YOLTEK I MPOK I SthCv i l.t acao ~.e_
r •
10/01/01
Avon Town Council
Attn: Mike Brown, Mac McDevittt Rick Cuny, Buz Reynolds,
Debbie Buckley
Re: Home Occupation/ Special Use - Hbme Day Care
2121 H Long Spur
In direct reference to the most recently approved (and appealed)
home day care at the aforementioned address, 2 on Old TRail Rd.4
and 1 in AVon based solely on "criteria" by the Avon Planning
and Zoning Commission. We feel it unjust for the Comission to
approve and mandate this type of businesswhich, by ordinance,does
not allow "any audible noise," address aprking or traffic and
safety issues in a shared driveway, liability issues to neighbors,
exposure to pets, probable negative effects on property values,
etc.
To.approve/mandate this type of use only promotes disharmony and
possible civil actions among-otherwise good neighbors (refer to
any P & Z Commissioner re: Long Spur Special Use hearing 9/18/01).
The criteria as they exist may be more appropriate as applied
to a single family residence, but should not even be considered
without written approval of all occupants of any mulitfamily
environment.
-We, and many others.are in process of amending our party wall
agrements (and'are soliciting others to do the same), to disallow
any home occupation.
Please consider appropriate changes to
application process, and any existing
this (Home DAy Care) type,of use..
Sincerely
Tom & Linda Spooner. '
p.o. Box 9203
Avon, CO 61620
949-0163
303-293-2600
the existing criteria and
applications or appeals for
•
Jeanette Edmonson
P.O.Box 541,
Avon, Co 81620
(970) 926-2287
The Town Of Avon
Attn: Town Clerk
P.O. Box 975
Avon, Co 81620
Attn: The Town Clerk
C
Re: An appeal of a licensed home day care run by Shawn Walkowicz in
Wildridge.
My name is Jeanette Edmonson and I am a Licensed home day care provider in
Edwards I have been licensed for 4 years and in that time I have provided quality
day care for many families not wanting to put their children in large commercial
day care centers. My license allows me to care for 6 children per day. I understand
that this is the same license that has been approved for Shawn. I cannot
understand the neighbors appealing this situation and calling this situation a
devastation to their neighborhood. The traffic in this street would be less impacted
than say a family with four teenagers coming and going. The parents drop their .
children off and leave, they are not coming and going all day. Seriously how much
devastation could this be. In light of September 11 th 2001, or have these
neighbors forgot about that, I call that devastation, not a few cars in a street, and
children playing. Michael and Shawn were retired and due to substantial losses
on the stock market have to go back to work, when they planned their babies they
thought they had a secure future, but as we all know life can change on a dime.
Why, shouldn't she be allowed to protect her interest and work taking care of
children and at the same time being able to be with her own. She could stay home
and collect unemployment I suppose. At least she is trying to do something.
I suggest the people from this street put their energies somewhere else where it
could be used to help people not tear them down. I think we are reminded of that.
on television everyday. In light of what happened on September 11th, I thought it
would be a more united America.
One other thing, I have 26 children on my waiting list.
Thank you for taking the time to read this letter.
Sincerely,
Jeanette Edmonson.
CT
L' ,
OCT-16-2001 14:49 FROM:BRAUN ASSOCIATES 9709267576
i
Dominic F. Mauriello
2455 Old Trail Road, Unit 5
Avon, CO 81620
(970) 748-0920
October I G. 2001
Mayor and Town Council
Tow6 of Avon
400 Benchmark Road
Avon, CO 81620
Re: Ordnance on Home-5a5ed Day-Care
Dear Mayor and Town Council:
TO:9709499139 r.eei~~l
iI am writing to express support for the revm=5 you are considering to the home-based
day-care regulations at the Town of Avon. I am very encouraged that the Town
recognized that the regulations needed modification and took steps to correct them.
In contrast to the comments reported in the Vail Daly on October 15, 1 am an advocate
for home-based bu5ine55e5 in general and also for in-home day-care. I am sure that
some day.l will make use of such a business.
The purpose of the proposed regulation has nothing to do with the concern raised by
the statement "some re5ident5 didn't like having more children in the neighf orhood" but
rather is has to do with how someone running a busine55 out of a home utilizes property
owned jointly or by others. That quote from the Vail Daily airticle Sounds more like
political rhetoric than common 5en5e.
it seems quite appropriate to seek pr_=55ion to use jointly owned driveways, parking
areati, and common spaces before a business owner decide5 to use that land for
additional parking, drop-off areas, storage, or other business related use.
Thank, again for talung 5tep5 to correct an oversight in the Town'5 regulations.
cerefy,
55,
ominic F. Mauriello
Avon Resident
Date: October 22, 2001
To: Avon Town Council
Re: Day Care at 2121 B Long Spur Lane, Wildridge Subdivision
From: Amy Byers-Holm
To Avon Town Council Members,
The purpose of this letter is to state my opposition to the proposed Day. Care at 2121 B
Long Spur Lane. My husband and I bought property in a residential neighborhood
expecting this to be just that, a residential neighborhood. Suddenly we are forced to live
with a business operating directly across the street that increases traffic, noise, my
liability, is viewed negatively by insurance companies, and has caused tension in.this
neighborhood that can only be alleviated in one way, the discontinuance of this day care.
The. Walkowicz's have stated that the purpose of the day care is for personal financial
needs - is this, and should this be a neighborhood issue? Financial situations are personal
and should not be the responsibility of the neighborhood. In fact, property values are at
greater risk of devaluation as a result of such a business in the vicinity. My neighbor's
financial situation inadvertently becomes mine. This is not fair.
] am asking you, the Council Members, to look very closely at this particular proposal.
The neighborhood is unsettled and divided as a result of this proposal; there is undue
tension and hostility towards us, the neighbors, for voicing our concerns. Please listen to
the neighbors and make your decision, not based on the past, but on this particular issue.
Recognize this instance as one of the primary factors in the ordinance change that
occurred earlier this month'regarding this issue.
Kindly,
Amy Bye - m
2110 N Long Spur Lane
T'd OTOL-646-OL6 WioH RWd I seei0 dEi=40 t0 22 %00
Shawn D. Walkowicz
Licensed Home Day Care
2121 B Long Spur Lane
3
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U
Hours & Days
Monday through Thursday
8:30-S:00pm
Children
Six total infants and toddlers at any given time. This number includes my children.
Only.two under the age of two ever allowed on any given day.
These are rules set forth and enforced by the State of Colorado Human Resources.
By signing this paper I am stating that I have discussed and understand the terms and
conditions of Shawn's home day care located at 2121 B Long Spur lane in Wildridge. In
,addition, we have discussed and resolved any potential concerns and issues.
Name
Address
Phone Number
Z~/
390
51(cLl , Lo n, Lane-
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Page -1-
I
Shawn D. Walkowicz
Licensed Home Day Care
2121 B Long Spur Lane
p~ f
7
Rs'
Hours & Days
Monday through Thursday
8:30-5:00pm
i
-Children
Six total infants and toddlers at any given time. This number includes my children.
Only two under the age of two ever allowed on any given day.
These are rules set-forth and enforced by the State of Colorado Human Resources.
By signing this paper I am stating that I have discussed and understand the terms and
conditions of Shawn's home day care located at 2121 B Long Spur lane in Wildridge. In
addition; we-have discussed and resolved any potential concerns and issues.
Name
Address
Phone Number
3*7A
J,_
zL S 1-
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941 - _S
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Page -1-
Shawn D. Walkowicz
Licensed Home Day. Care
2121 B Long Spur Lane
Hours & Davs
Monday through Thursday
8:30-5:OOpm
Children
Six total infants and toddlers at any given time. This number includes my children.
Only two under the age of two ever allowed on any given day.
These are rules set forth and enforced by the State of Colorado Human Resources.
By signing this paper I am stating that I have discussed and understand the terms and
conditions of Shawn's home day care located at 2121 B Long Spur lane in Wildriidge. In
addition,-we have discussed and resolved any potential concerns and issues.
Name Address Phone Number
l -.0 -f, Qx 10
Page -1-
•
•
Monday
Tuesday
Wednesday Thursday
Two and Over
1- Joshua
Veronica
Joshua Emily
2- Emily
Dylon
Veronica Erika
3- Anthony
Austin
Dylon
4- Dylon
Dominic
5- Dominic Anthony
6-
Above is d list of children that come to my house and on what days. The
highlighted children are my own. When December 27th comes, I will have a
newborn who will be home every day with me. He/She will be counted in
the number of children I can have at my house during day care hours.
Also, Some of my day care children are siblings,'so that obviously cuts down
on the number of cars arriving at my house.
Dominic and Anthony are siblings
Austin and Dylon are siblings
The children I've printed in red (including my own) are all from Wildridge.
One from just a few doors down the street.
Just For Your information:
The children arrive at 8:30 and after. This is long after the school bus and
trash collectors have come and gone. Also, The parents never pack in the
street! Why on earth would they? I've attached my daily sign in sheets
for your, review. You can verify for yourself the drop off and pick up times.
The parents really do stagger their drop of times.
Oct 2201 05:09p row Insurance, Rvon, CO ~70-949-6306
r row insurance inanagemen
"The Insurance People"
October 22, 2001
Y
To Whom It May Concern,
r.
E
We have been asked by our insureds, Michael and Shawn Waikowicz, to
explain personal liability coverage on a standard homeowner's policy.
It is our understanding that Mrs. Walkowicz is opening a daycare center in
P.O. Box 5000 her home, for which she has purchased general liability coverage aside from
Fritrn her homeowner's policy. Her concern is that several neighbors have
Colorado 80443
(ciao) 6683500 protested this, saying they will not be able to purchase homeowners
f,•x668;3342 insurance on their own homes.
r
This is absolutely not true. No where on a standard homeowner's application
P. 0. Box 860
Brrckwridge does it ask if your neighbor has a daycare center, or any other'business.
Colorado 80424 This has no bearing on anyone's insurance other than the person providing
(970) 453-6496
fax 4.53-7891 the daycare in her home:
I have attached a standard application, please note the qualifying questions
P.O. Box.918 on the second page. I 'have worked in this industry for almost 20 years and
Avon
ca&,,ac 81620 never has this been questioned.
(970) 949-5110
fax 949-6306
Please feel free to call me if you have any questions.
i F th Arrow Insurance Team,
Dori Marrero
PROFiSUR M l
ARM
t
p.1
Oct 22 01 05:09p Poraw Insurance,Rvon,CO 00-949-6306 p.2
ACORD
HOMEOWNERAPPLICATION
DATE(MMIDDIYYYY)
PH~E
APPUCANT'S NAME AND MAILING ADDRESS (tndude eounb f! ZIP+s)
PifODUCER
NAIC CODE
FACILITY CODE
FAX
POLICY #
DATE AT
COlP
LAN
HOME PHONE fi
DAY
CURR RE8
EVE
EFFECTIVE DATE
EXPIRATION DATE
BUSINESS PHONE,$
DAY
CODE:
SUBCODE:
AGENCY CUSTOMER ID
APPLIGANI INI*VKIVIA l IVPI
PREVIOUS ADDRESS (If loss than ] years)
yRSAT
LOCATION OF PROPERTY IF DIFf FROM ABOVE (Inc county & LP)
ADDR
APPLICANTS OCC TION
APPLICANT'S EMPLOYER NAME AND AODRESS
is A s UWL
CUM OCC
MM E.
ST T D
ATE OF BIRTH
SOCIAL SECURITY p
(State nature of business H self-employed)
CO.APPL1CqS OCCUPATION
CO APPLICANTS EMPLOYER NAME AND ADDRESS
YZAN O C CURRZ ~
Ygmsvs
T
DATE OF BIRTH
SOCIAL SECURITY S
(Stets nature of business if self-employed)
HOW LON; HAVE YOU KNOWN THE APPLIC
DA A
GENT LAST INS
PECTED PROPERTY;
n=n rr....n AL A..inunll
COVERA
RM
GE31LIMIIS Vr LIA
DWELLING
tsWIT
OTHER
PERSONAL
LOSS OF USE
-PERSONAL
MEDICAL
ALL PERIL
HO FO
STRUCTURES
PROPERTY
LIABILITY
EACH OCCURRENCE
PAYMENTS
EACH PERSON
WINO/HAIL
THEFT
.
s
:
s
s
NAMED
$
$
,
i
i
et ne Icah e n
REPLACEMENT COST DWELLING U REPLACEMENT COST CONTENTS
R OTHER ENDORSEMENT(S)
EST TOTAL PREMIUM
ACORD 610 Attached (NOT APPLICABLE IN NC)
BILLING IF DIRECT BILL:
DIRECT BILL BILL APPLICANT 7 OTHER:
IF APPLICANT BILL:
7 FULL PAY
MAIL POLICY TO:
AGENT
I APPLICANT
RAT
INGIUND
EKV
VKI I U4t9
PLASTIC
YR BUILT
O ROOMS ' MARKET VALUE
STRUCTURE TYPE
USAGE TYPE
FARM
d FAM•
,LIES
II '
SEHL
PURCHASE
DATEIPRICE
FRAME
'
SIDING.
RES
A55E3TOS
S
DWELLING
TOWNHOUSE
PRIMARY
CDC
MASONRY
SIDING
MASONRY
SO FT
0 APTS
REPLACEMENT COST
APART
ROWHOUSE
SECONDARY
UNOCC
VENEER.
FIRS RES
ALUMINUM
,
$
CONDO
COOP
SEASONAL
i VACANT
RENOVATION TYPE
Purr
raAn
Q101ma
NUMBER OF
D
T
P
DISTANCE TO
-
PRO
TECTION
DEVICE TY
PE
HEAT TYPE
NONE
WIRING
FIRE
UNIT9IN
CO
G W
C
HYDRANT
F
=AznbL ARE
SYSTEM
SMOKE
TEMP
6URGLA
R
PRIMARY:
PUMING
FT
MI
CENTRAL
SECONDARY:
HEATING
FIRE DISTRICTICODE NUMBER
DIRECT
OIL STORAGE TANK LOCATION
ROOFING
FIREIEC RATE
LOCAL
SWIMMING
STORM SHUTTERS
DWELUNG LOCATION
OCCUPIED BY
DEAOBOLT Y1318LE TO NEIGHBORS
L
YES
NO
WITHIN WITHIN PRO HOUSEKEEPING CONDITION
OWNER
APPROVED
FENCE
ABOVE
- GROUND :
YES A YE9
] HURR
CITY ITS SUBURB
DIVING
IN-GROUND
NO B_ GLASS NO
TENANT
BOG DE INSPECTED4 TAX CODE R gTINO OCCUPIED DAILY? F WINO CLASS
RENTED
8E
RESISTIVE
ROOF TYPE
;UN ATION CLOSED
GRAPE
f . 1CLAS31 SPEC YES 17 NO RESISTIVE OTHER
OPEN NONE
- - ww~ur.w~n.+a -
uwuusn
-
SPRINKLER
FIREPLACES
Oct 22 01 05:10p arrow Insurance,Avon,CO 170-949-6306
p.3
GENERAL INFOKMAI IUn
EXPLAIN ALL "YES" RESPONSES IN REMARKS I
YES
NO
EXPLAIN ALL "YES" RESPONSES IN REMARKS (Except question 15,18 and 17) YES
NO
1. ANY FARMINO OR OTHER BUSINESS CONDUCTED ON PREMISES (Including deylchlhl care)
14. DURING THE LAST FIVE YEARS (TEN YEARS M RHODE ISLAND),
HAS ANY APPLICANT BEEN CONVICTED OF ANY DEGREE OF THE 1
2. ANY RESIDENCE EMPLOYEES? (Number and type or full and part time employees)
CCRIIME Of IsRa misda RL f ail u punishable of Up e to disclo lose a me nnce to Gramm
3. ANY FLOODING, BRUSH FOREST FIRE HAZARD LANDSLIDE ETC7
ear of Im risonment.
ESIDENCE OWNED OCCUPIED OR RENTED?
15. IS THERE A MANAGER ON THE PREMISES?
4. ANY OTHER R
WITH THIS COMPANY? List policy numbers
RENTERS AND
CONDOS ONLY: 16. IS THERE: A SECURITY ATTENDANT?
5. ANY OTHER INSURANCE
8. HAS INSURANCE BEEN TRANSFERRED WITHIN AGENCY?
17. IS THE BUILDING ENTRANCE LOCKED? _
ANY COVERAGE DECLINED. CANCELLED OR NON-RENEWED
7
18. ANY UNCORRECTED FIRE OR BUILDING CODE VIOLATIONS? 1
.
DURING THE LAST 3 YEARS? NOT APPLICABLE IN MO
18. IS BUILDING UNDERGOING RENOVATION OR RECONSTRUCTION?
8. HAS APPLICANT HAD A FORECLOSURE, REPOSSESSION OR
Give estimated completion date and dollar value
BANKRUPTCY DURING THE PAST FIVE YEARS?
20. IS HOUSE FOR SALE?
9. 'ARE THERE ANY ANIMALS OR EXOTIC PETS KEPT ON PREMISES?
21. IS PROPERTY WAN 300 FT OF A COMMERCIAL OR
Note breed and bRe hhito
NONRESIDENTIAL PROPERTY?
10, IS PROPERTY LOCATED.WITHIN TWO MILES OF TIDAL WATER?
u, IS THERE A TRAMPOLINE ON THE PREMISES?
11.. is PROPERTY SITUATED ON MORE THAN FIVE ACRES? (If yes, describe fond use)
23. WAS THE STRUCTURE ORIGINALLYBUILT FOR OTHER THAN A
DOES APPLICANT OWWANY RECREATIONAL VEHICLES
12
PRIVATE RESIDENCE AND THEN CONVERTE07
.
SNOW MOBILES, DUNE BUGGYB, MINI BIKES, ATVs, ETC)?
i
24; ANY LEAD PAINT HAZARD?
LIst ear, make model
25. IF A FUEL OIL TANK IS ON PREMISES, HAS OTHER INSURANCE BEEN
13. IN BUILDING RETROFITTED FOR EARTHQUAKE (If applicable)
OBTAINED FOR THE TANK? Olvs First Party and limit and Third P and amit
Beer leeune
LOSS HISTORY if,io 6-R, - i&FKtFC&f - TES No IF Tee INWGAIe oswrv
DATE TYPE I DESCRIPTION OF LOSS AMOUNT
PRIOR POLICY NUMBER
EXPIRATION DATE I RISK NEW TO A9tN197
INT 1JMORrWE NAME AND ADDRESS i LOAN NUMBt ft
ADDLINT
INT tl IILORTO•E NAME AND ADDRESS LOAN NUMBER
AML INT
ATTACHMENTS
ne:,an..rw
STATE SUPPLEMENT( f ap licabh
- -
PROTECTION DEVICE CERTIFICATI
INLAND MARINE APPLICATION
PERS EXCESSIUMBRELLA APP
REPLACEMENT COST ESTIMATE
RECREATIONAL VEHICLE APP
PHOTOGRAPH
WATERCRAFT APPLICATION
SOLID FUEL SUPPLEMENT
LEAD FREE PAINT CERTIFICATION
EARTHQUAKE APPLICATION
HOME BASED BUSINESS SUPP
FOR COMPANY USE ONLY
INSURANCE BINDER IF THE "BINDER" BOX TO THE LEFT IS COMPLETED, THE FOLLOWING CONDITIONS APPLY:
ME DATE EXPIRATION DATE THIS COMPANY BINDS THE KIND(S) OF INSURANCE STIPULATED ON THIS APPLICATION. THIS INSURANCE IS SUBJECT
TO THE TERMS, CONDITIONS AND LIMITATIONS OF THE POLICY(IES) IN CURRENT USE BY THE COMPANY.
THIS BINDER MAY BE CANCELLED BY THE INSURED BY SURRENDER OF THIS BINDER OR BY WRITTEN NOTICE TO THE
TIME COMPANY STATING WHEN CANCELLATION WILL BE EFFECTIVE. THIS BINDER MAY BE CANCELLED BY THE COMPAN)
12:01 AM BY NOTICE TO THE INSURED IN ACCORDANCE WITH THE POLICY CONDITIONS, THIS BINDER IS CANCELLED WHET
NOON REPLACED BY A POLICY. IF THIS BINDER IS NOT REPLACED BY A POLICY, THE COMPANY 13 ENTITLED TO CHARGE 1
PREMIUM FOR THE BINDER ACCORDING TO THE RULES AND RATES IN USE BYTHE COMPANY. THE QUOTED PREMIUM If
if Inaurarrw nov,...o........«-«---
AL INFORMATION ABOUT YOU, INCLUDING INFORMATION FROM A CREDIT REPORT, ROAM BE COLLECTED FROM PERSONS OTHER THAN YOU IN CONNECTIOI
8 APPLICATION AND SUBSEQUENT RENEWALS., SUCH INFORMATION AS WELLAS OTHER PERSONALAND PRIVILEGED INFORMATION COLLECTED BY US OR CU
MAY IN CERTAIN CIRCUMSTANCES BE DISCLOSED TO THIRD PARTIES. YOU HAVE THE RIGHT TO REVIEW YOUR PERSONAL INFORMATION IN OUR FILES AND CAI
T CORRECTION OF ANY INACCURACIES. A MORE DETAILED DESCRIPTION OF YOUR RIGHTS AND OUR PRACTICES REGARDING SUCH INFORMATION is AVAILABL
:QUEST: CONTACT YOUR AGENT OR BROKER FOR INSTRUCTION ON NOW TO SUBMIT A REQUEST TO U&
of the notice of
has been given to
Any person who knowingly and with Intent to defraud any Insurance company or another person files an application for insurance or statement
of claim containing any materially false Information, or conceals for the purpose of misleading information concerning any fact material thereto
commits a frauduient'insurence act, which is a crime and subjects the person to criminal and [NY: substantial] civil penalties. (Not applicable it
CO, HI, NE, ON, OK, OR, or VT; in DC, LA, ME, and VA, Insurance benefits may also be denied)
Applicant's Statement:) have read the above application and any attachments. I declare that the Information provided in them Is true, comple,
and correct to the best of my knowledge and belief. This Information is being offered to the company as an Inducemel
to Issue the policy for which I am applying.'
• •
To whom it may concern,
In regards to shawn walkowicz' council-meeting last month on opening a licensed
home daycare in a residential wildridge neighbourhood,I have to say the following:
-I have been a licensed daycare provider since june 1998 on 449 Moonridge Drive ' -
in Edwards.Not once have I had a complaint from any of my 'neighbours.As a provider
you can take care of up to 6 chddren,including your own.that means shawn can take care
of 3 more children besides her own.
-I get at least 2 calls per week from frantic parents trying to find a quality daycare.
As you all may know,children'or no children, we all have to go back to work,in order to
afford this beautiful place on earth
-Shawn chose to stay home with her children and run a daycare part time.I think
that is a wise decision.Let her enjoy these few precious years with her little ones,before
they enter kindergarten.
-Where will the 800some babies go who will.be born in 2001?Let us be more
tolerant of eachother,help out our community-we desperately need quality home
daycares!
I invite you to come by my home at, any time,and tell me if this home daycare is a
nuisance to you,or more so talk to my neighbours.
Sincerely
Gerlinde Debie-Millette
i
Rumpelsrilrskiu School
P.O. Box 5760-Avon-Colorado-'81620
970-949-4590
September 23, 2001
Avon Town Council
Avan, -C-o-l:o-rad'a 81-620
Dear Council Members:
I- am the owner of Rumpelstiltskin School and have provided
a- preschoof for chdfdren for 23 years. Oaring that tithe i Rave
primarily offered programs for children three to six years old_
Because of the state regulations,. it is extremely difficult and
expeasiu to provide rare for infants and toddlers. ; sere is a
severe shortage of care for this age level..-
0" of tfte best s-afutiom to tftis problem is ficensed home
day care for infanta and toddlers. This care is supervised by the
county and provides standards for the home care provider to
fof.iow.
I strongly recommend that the council approve the licensing
-of Mfrs. Waf owt'icz s-o Orat she wiff be' -abfe to 'rDift' a care for
infants and toddlers- It will be an advantage for the working
families of Avon.
i am also a Wildridge resident and I nave no objection to
individuals doing licensed day care in their homes.
Sincerely, '
- -
athleen Kunis -
Director
0
The Town of Avon
Attn: Town Clerk
P.O. Box 975
Avon, Co 81620
Dear Town Clerk,
My husband and I recently moved here from Ohio in order for my husband to complete
his Orthopeadic Fellowship with the Steadman Hawkins Clinic in Vail. We live in
Wildridge and we were very'pleased to find Shawn Walkowicz's home daycare. We
have been here two months and have been looking for childcare ever since. I was placed
on numerous waiting lists at the ABC School, the Learning Tree, The Learning Center,
and on various home daycare lists. Until Shawn's daycare, we were unable to find
childcare for our two boys. The lack childcare also caused me to be unable to pursue
work.
I believe there is a HUGE need for daycare facilities in the valley, especially Avon. I feel
that a home daycare in Wildridge is a wonderful and much needed idea. Not only did my
husband and I find quality childcare, we found it in our own community. In the winter
we will not have to travel very far to put our children in daycare and we will be
comforted by the quality care they will be receiving. If you were to close Mums the
Word Day Care we would have to try to find childcare again.
Asa resident of Wildridge, I do not understand how a home daycare would devastate the
neighborhood. There are so many children in the neighborhood that additional children
would blend right in. For people to complain about this daycare tells me that they do not
have children, nor do they have and idea of how needed childcare' facilities are in Avon.
Please do not close Mums the Word because of a few ignorant people.
Thank you,
Kristen Joseph ,
5164 Longsun Lane
Avon, Co 81620
845-2299
f~
10/06/2001 14:13 97070"41723 HKALEMACEAER PAGE 02
The Resource Center
The Childcare Resource & Referral of Eagle and Garfield Counties
206 Seth 3rd street
CarIxwda* CO
r"ftr" a 80pris.net
t;AX 57a7oa-17z3
A CORRA
1 RARTNER
To The Town of Avon,
As the child care resource and referral specialist for Eagle County, I
arse writing this letter in support of family child care homes in the Town ;of
Avon. The lack of child care for infants and toddlers in the Avon area is at a
crisis level.
After updating vacancies in my database, I have found that there are 0
infant vacancies (slots for children aged 2 and under) in Eagle County and
tb>- Vail Valley. These Figures include 19 licensed homes and 21 licensed
centers/preschools. Only 6 centers in Eagle County accept children under
age 2,-and most of these centers/preschools, enroll children who are aged 1
year and older. The Eagle 'Walley does not have any centers that are
specifically for children from birth to age 3.
Currently the only licensed child care for infants and toddlers in the
Town of Avon is through licensed family homes, one of which is under the
threat of being closed down.
Child care has traditionally been looked at as a business. However, .
family child care is a service to any resort community where the cost of
liAng requires both parents to work. Therefore, I would encourage the
T3wn of Avon to support licensed child care.
S' c re ~ r _ - -
Karla Stukey
Child Care Resource and Referral Specialist for Garfield and Eagle Counties
x
10/23/01 TUE 15:05 FAX 970 6 6503 PRLI EDWARDS
C
1 rudenfic-d PrOentiai Gore Range Properties, Inc.
Inn at Riverwalk
RO. Box 1103, Edwards, CO 81632
Bus 970 926-8440 Fax 970 926-6503
Toll Free 800 637-4052
6
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To Whom It May Concern
In my professional opinion I do not think a day care,facility located at 2121B Longspur
Lane will effect property values in the immediate neighborhood. If anything it may
enhance an already great family neighborhood. In my experience I have not heard or
seen of any devalution in property values occurring because. of such a situation.
1
lim 002
0
October 23, 2001
To The Town of Avon:
CJ
I came this evening to support Shawn Walkowicz's licensed in-home daycare in
Wildridge. One reason is that I used a home daycare for my 2 children, and I was
extremely happy with having that as an option and also with the care my children were
given. Secondly, I am a neighbor and I truly do not believe the daycare will have a
negative impact on the neighborhood. I have not noticed any extra noise or traffic as a
result of the daycare being open this past month. I agree that the daycare children should
not play on the driveway but instead play in a fenced in yard. Also, I believe business
insurance is important even though it is not required by the state. These were my original
concerns and they have all been addressed.
There are 600 babies being born at VVMC per year and at this point there are only 7
licensed home daycare centers between Vail and Edwards. I was stunned to learn this. I
believe in-home daycare centers are a very important part of the community. It gives
parents another alternative for their children to be cared for in a small, controlled
environment. One of the reasons I chose an in-home daycare over a commercial daycare
is that the children at the commercial daycare centers were constantly sick and passing
the illnesses around. I had a better feeling with a smaller group of children. As we all
know, there are very few daycare centers that take children under 2 years of age. We
need more options for daycare that are licensed and legal because gents will come up
with other means perhaps such as hiring illegal immigrants as nannies.
It would be a disservice to this community to close down licensed daycare centers. There
is a strong need for childcare in the valley, what message is being sent to others who may
be considering opening a licensed in-home daycare? The benefit of providing our
community with a necessity such as in-home daycare seems to be the exact opposite of
the proposed legislation requiring neighbors' approval. In-home daycare, in the spirit of
being a good neighbor, should be regulated simply by an agreement between the
neighbors not decided in a courtroom. We must also consider the potential affect this
type of law would have on other home businesses.
Since ly,
G~
Anne Him
0
Planning and Zoning Commission
City of Avon
Dear Sir or Madam:
September 18, 2001
r4
5EP 2001
COM. Muntry DevEJ,Pment
Please register my opposition to the creation of a day care facility at 2121B Long Spur in W&Wdge. We
moved here, rather than to other mixed-use areas of the valley, in order to live in a residential area sans the
chance-of having a commercial activity as a neighbor
We believe after questioning friends who are employed as realtors that tht change in zoning and the
establishment of a child care facility badring on our yard, would decrease the value, of our property in an
already' faltering market, and make our home more difficult to sell. as well as increasing noise and traffic wh~7e
we are living here.
Please consider the concerns of the adjacent property owners when evaluating this matter
Sincerely,
Carole Ann McNeill
2350B Saddlendge Loop
Recording Secretary
Town of Avon
PO Box 975
Avon, CO 81620
RE: Zoning change 21218 Long Spur
0
F®411
Z'
ea,
We are opposed to the zoning change applied for by the applicants Shawn and Michael Walkowicz for
several reasons. First of all this is a residential neighborhood not a business area We didn't purchase a
home here to live next door to a day care center.
Secondly this is a crowded neighborhood consisting of duplex homes, each duplex having 2 cars each
There is already a lot of traffic on this street with most drivers driving too fast. It would be dangerous to
have even more children ramming around the yard and maybe into the street The change would greatly
increase traffic with drop ohs and pick ups at busy times of the day for residents going and coming from
work. There is also no where to park.
Thirdly this kind of business would increase the noise level of the area with lots more children being
outside yelling and string
Thank you for taking our comments into consideration
Sincerely.
PC
twcyand Peter Sherowski
09-It3-d1 15:25 @EXPaMETS ID-9~T488866 P01/02
40 Geral.yn D. Rich Carroll
P.O. Box 4328
21211 Long Spur
Avon, CO 81620
September 18, 2001
To Whdm it may Concern;
RECEIVED
SEP 18 2001
Community Development
This letter is to address the application for rezoning of 2121 B Long. Spur for a
Commercial business; specifically a Home Day Care Business.
I am opposed to the rezoning of 2121 B Long Spur for a commercial business for
a number of reasons. We will be at the meeting to discuss this proposed
rezoning. This letter is our formal letter of opposition to the rezoning.
The first reason is that this area is zoned residential. Rezoning for a commercial
business of this type will drastically affect the quality of life we experience. This
is not a, low impact one-person business. This is a business that will have six
cars coming in the morning to drop off their children. Six cars will arrive in the
evening to pick-up the children. There will be an employee operating the
business when the homeowners are in Hawaii for three weeks in October.
This increase in traffic is dramatic. 2121 Long Spur has a narrow one-car
driveway. Further, 2121 B Long Spur has limited parking. The increase in traffic
. will make it more difficult for us o go about our daily life. It will be a danger for
our children. It will hamper the plowing of the driveway in the winter. All of this
adds up to a very difficult and hazardous situation.
The school bus stops just a few'yards away at the intersection of Long Spur and
Saddleridge Loop each morning about 8:00 a.m. Again, increased traffic will be
a problem for everyone, both -the children walking to the bus and 'the children
being dropped off at the Home Day Care.
My wife as well as others in the immediate area work night shifts at the hospital.
We will now have increased noise from 6 children during the day. This will affect
.her sleep and enjoy our home as we can today.
99-1o-w, 15:25 EXPQNETS
u
ID-§F7488865
Liability is -another huge- issue- 2121 Long Spur has a shared backyard with no
fence. Suan made the comment today that "if you want a fence then buy one."
Try as hard as one might it will be next to impossible to keep the children
relegated to just the 2121 B side of the yard and driveway.
Commercial businesses of this nature do negatively affect the lives of the
neighbors around the business. Let's keep commercial businesses in areas that
are specifically designed and zoned for commercial businesses. The need for
Day Care is better addressed by incentives to open a business in a commercial
business area.
Thank You,
Rich Carroll
eralyn D. Carroll
P92/@2
•
To: Town of Avon Planning and Zoning Commission
From Amy Holm
2110 N Long Spur, Wildridge Subdivision, Avon
•
J
RECEIVED
SEP 1 8 2001
Community Development
Regarding: September 18, 2001 Public Hearing on proposed home day care at 2121 B
Long Spur, Wildridge Subdivision, Avon, Colorado
To whom it may concern:
I am writing to bring to your attention my extreme opposition for the proposed, above-
mentioned Special Use consideration.
Issues:
*Safety and well being of my family. I strongly believe that the safety of my
family is being infringed on due to the following: 12 additional cars (six children
= six cars two times per day during business days) op my street. Added noise due
to the additional children a do not believe in corralling children in a confined area
for up to 91/2 hours because of a negligent decision regarding this issue). This is
a dead end street. There is very little traffic and concern about access into or out
of my home. I am not willing to give up this convenience as a result of this issue
for those who may block my path or parkin the street (which, of course the Town
of Avon will be monitoring and ticketing those who disregard the parking
ordinances, correct?). How will snow removal proceed with the additional cars in
the street? Will the Town of Avon request these workers return to our street to
finish a job they were unable to do if there are cars blocking their path? And trash
removal, how will the Town of Avon address missed trash pick up due to cars
parked inappropriately?
*Dog currently residing at 2121 B Long Spur. This neighborhood is quiet and
friendly and a dog outside during day care hours in inclimate weather, or
otherwise, with little attention is bound to continue crying/ barking throughout the
day. It would be out of my'love of animals that I would be inclined to inform
Animal Control if appropriate measures are not taken to ensure the dog's well ? .
being. And how do you feel about a day care and dog mixed under the same roof.
*Devaluation of property values upon granting of said Special Use. According to
the Town of Avon this is a residential area We are a young couple who invested
in this residential area because of the value of living in a restricted use area. Our
elected Avon officials should stand behind, those who entrusted our investments
• i
and futures in your hands, not threaten to disregard our.faith in you to protect us
against matters in which you have control.
*The proposed day care allows for six children to be in the day can facility. Does
this include, or is this in addition, to the two, soon to be three, children already
residing at 2121 B Long Spur. Upon the illness of the two, soon to be three,
children are nine children then acceptable in the dwelling?
*If a Special Use is granted what happens upon the sale of the home? Does the
Special Use transfer? Is it limited? And what if the current residents decide to
change the business into something other than day care? What guidelines or
restrictions describe what the Use is? Upon granting a Special Use, what other'
businesses can operate at above address? Who will enforce changes in business
plan? How can the Town of Avon reasonably make a decision on the next .
business at this residence, or any other business proposal in the Wildridge
subdivision, indiscriminately once you have decided to allow one type of
business?
*Finally, at what point is the Town of Avon, able to deny Special Use applicants
in the Wildridge subdivision? How do you plan to do so indiscriminately? Have
you given consideration to the density of Special Use approvals? What would
happen if suddenly 40 applicants come to you wanting Special Uses for day care?
At what point do you honor the fact that this is a residential community? And at
what point do you, all the Town of Avon officials in charge of making this
decision, enforce the, guidelines that made this a desirable housing community?
This issue, in my mind, goes far beyond this one day care Special Use consideration. Day
care is a countywide, state wide, and nation wide problem. It is unfair for you to ask the
neighbors of this proposed day care to begin fighting the problem. Many have chosen not
to have children themselves so bow can you ask them to take:this issue on in then own
back yards? Please understand that, if approved, the can of worms is open in this
community and acting indiscriminately from here on out may prove to be impossible for
the Town of Avon.
~ j1
SEP-17-2001 01:37 PM
VOLTEK IMPORT SERVICE
•
30.3 293 2454
luewdolenea Apunwwoo
9/17/01
Town of Avon
Planning Zoning Commission
Community Development Dept.,
Recoeding Secretary
P.O. Box 975
Avon, CO 81620
To Whom It May Concern:
1001 Z T d3S
®3AI333H
ph.970-748-4413 fax.970-949-5799
Ref:,Proposed Home Day Care, 2121 B Long Spur, Wildridge
Subdivision
Considerations:
P. 01
1. Ref. Zoning code 17.08.360 A. -"Cannot produce audible
noise outside the dwelling." Now does a day care
provider control the noise level of potentially 6 (six)
1} - 3 year old children (including those in residence)
short of containg,them indoors with windows and doors
closed?
2. Increased traffic on a street with only one ingress/egress.
3. Safety of children due to proximity of-street and no
-fences, pets, etc.
4. Potential negative effect on resale property values
(Fudiciary responsibility of realtors to disclose if
questioned)
5. -How many home day care or other'home occupations may
be.approved ina given area, block, filing, etc.?
6. Need for additional personal or business insurance due
to children's exposure to traffic,, pets, etc.
7. Conflict wtih party wall agreement?
8. If approved, this could set a precedent allowing other
home.occupations that, if disapproved, could raise a
question of discrimination.
9. Disapproval at this level would avoid possible civil
actions with otherwise good neighbors.
With all'the above considered,-we do not suppot approval
of this request for Special Use zoning.
R pact ly,
Thomas W. & Linda Spooner
21108 Long Spur
.Avon, CO 81620
970-949-0163
We the undersigned are OPPOSED to the rezoning of 2121B Long Spur, Lot 41, Block 1,
Wildridge subdivision, Avon, Colorado for the proposed Home Day Care for children
Name
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We the undersigned are OPPOSED to the rezoning of 2121B Long Spur, Lot 41, Block 1,
Wildridge subdivision, Avon, Colorado for the proposed Home Day Care for children
ages 1 'h to 3 years old.. ,
Signature
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Date
Address
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We the undersigned are OPPOSED to the rezoning of 2121B Long Spur, Lot 41, Block 1,
Wildridge subdivision, Avon, Colorado for the proposed Home Day Care for children
ages 1 '/2 to 3 years old.
Signature
Date
Name
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We the undersigned are OPPOSED to the rezoning of 2121B Long Spur, Lot 41, Block 1,
Wildridge subdivision, Avon, Colorado for the proposed Home Day Care for children
ages 1 '/s to 3 years old.
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• . CHILD'S DAILY LOG-IN, SHEET
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E
Norman Wood
From: Carol Krueger [ckrueger@weartrav.com]
Sent: Wednesday, October 17, 20015:06 PM
To: jyoder@avon.org; mbrown@avon.org; mmcdevitt@avon.org; pbuckley@avon.org;
debbie@internetvail.com; befting@avon.org; nwood@avon.org; blevin@avon.org;
(brooks@avon.org
Subject: McGrady Acres Matters
CAROL and JOHN KRUEGER
5200 Eaglebend Drive
BEN and CELINE KRUEGER
5198 Eaglebend Drive
Avon, Colorado 81620
(970) 476-7646 (w)
(970) 949-1198 (h)
October 17, 2001
Dear Town Council and Other Representatives:
Unfortunately, I will be out of town for the McGrady Acres meeting on
October 23, 2001, and I speak for the owners of the residences listed above.
Since I will be gone, I feel compelled to write to urge you to represent our
neighborhood during the decisions which will be made at that meeting. Three
issues will be addressed at that meeting: (1) Final Plat reflecting road
realignment, new developer lots and cul de sac; (2) re-zoning to
neighborhood commercial, and (3) Annexation, Development and Subdivision
Improvement Agreement. The following are my thoughts on each of these 3
issues:
1. Final Plat.
The neighborhood did not get to see this document much in advance of the
public hearing even though the Town told the developers and the neighbors to
get together to work on it and even though Bill Post told me.before the
meeting that the planner was working on a residential layout (in addition to
a commercial layout). There were no such meetings, and we have never seen a
plan for residential subdivision. The Town Council gave preliminary
approval to the plat even though it reduced the size of the park from the
prior submission where Eaglebend Drive continued through to the new Post
Boulevard. When the cul de sac was added, the developer decided to take the
additional acreage (more than 1/3 acres) for himself which would otherwise
have been used for Eaglebend Drive (confirmed by 4.1(c) of the A,D,SIA).
Land that we thought might be used as a buffer between the cul de sac and
the new developer lots got taken. Residential lots of-that size have sold
for between $200,000-300,000. I doubt that construction of the cul de sac
will cost that much. Why does the developer get this windfall?
Do we like the plan? With no park buffer between the cul de sac and the new
lots, there is very little room to put a.berm, landscaping or other
screening. Norm says there may be about 10 feet. He says that, although he
interprets the code to require a 25 foot setback of the developer buildings
from the cul de sac, the developer will most likely request a,variance to,
the usual rear setback, which is 10 feet: We are against such a variance.
Our requests for protection from the proposed commercial uses are not new.
Our neighborhood petition specifically requests these items. Bill Post says
he does not want to put up the Berlin wall. But we could be looking
straight down our street to the rear of a strip mall with loading docks,
parking lot lights and dumpsters. We could be listening to "Welcome to
McDonald's, may I help you*24 hours a day: Why wouldn't w0want as much
buffer as possible and some type of visual and other screening?
2. Re-Zoning.
Obviously, the plat issue goes hand in hand with the zoning. We want the
developer lots to remain residential and join our street at the end of our
cul de sac. Then the buffer and screening issues go away. Our petition
made this clear from the start. No new requests.- I will even be happy to
give the developer the extra Eaglebend Drive acreage to build on if he would
join our neighborhood (some neighbors may disagree and still push for a
larger park).
I have always felt at least as strongly if not more strong about the zoning
than about the cul de sac. Of course, I live 2 doors down from what could
be a 24 hour car wash or restaurant. Not all neighbors on our street will
be as impacted. Their property values will not go down like mine will. Why
should I bear the consequences of the developer bringing a busy street next
to his own property? He only bought that property to have room to build
Post Boulevard. If you think this property is key to his development, I
think you are mistaken.' Here is my quick list on the zoning matter:
A. By keeping the zoning residential, you maintain the values and
expectations of not only the existing owners, but the developer who
purchased subject to that zoning.
B. Any owner purchasing residential property along the busy street will
know in advance what they are getting. With commercial zoning, we are
forced to live,next to commercial uses never anticipated to be there.
C. You should not make your decision based on the statement of the Lot 6
owner that he may go for commercial zoning. He does not have that zoning
and we will fight that even harder. There will be no park to buffer us from
that commercial, and the impact on us will be doubled once commercial is on
all tracts adjacent to us. From my per the owner of Lot 6 has a
bigger beef with his situation than Traer Creek because the busy road was
imposed on'him. However, if the value of his property is affected by that
road, the owner of Lot 6 can and will be compensated (I promise you) for
those damages.
D. I am not impressed by the developer's statement that he does not have a
good plan for residential due to the requirement that he must give the Lot 6
owner an access easement. The developer's installation of the new road and
its new grade causes the access for Lot 6 to be in this new location. His
own property needs to bear that impact. Since he is getting the extra
Eaglebend Drive acreage, he actually comes out better than if Eaglebend
Drive went through. Even if his layout for residential is not ideal, it is
a sacrifice that he will willingly make in the end for the bigger project.
E. I,also do not believe the developer when he says that he will not build
the cul de sac if he is forced to keep his property residential. Play that
hand and request the cul de sac and residential zoning. -He will not fight
you because he has bigger and better things to do._ This is a standard
requirement for developers to pay for the impacts of their new development.
In addition, if-his property is residential, the cul de sac benefits that
property. Note'at your last meeting, Bill avoided answering your question
whether he would keep the property residential if we scrap the cul de sac.
He will keep the cul de sac, no matter what .the zoning. Perhaps you could
suggest that we will pick up the cost of-the cul de sac if he gives us the
extra Eaglebend Drive acreage for our park. See what he says. In
actuality, we are entitled to both.
F. Do you really think the Town needs more commercial?
Finally, if you all conclude that commercial zoning is necessary, do you
really feel that this zoning is compatible with single family and duplex
residences? How can neighborhood commercial be considered a low density use
2
when Burger King is the busiest place in town during some 110h hours, with
cars backed up on the street and winding their way around that small space?
No thanks. Perhaps we need a more restrictive zoning designation, but for
now, if'you decide in favor of commercial zoning, I guess I am requesting
that you impose PUD zoning with only low intensity uses.' To me, that means
office space daytime use that will not adversely affect our property
values as much. The other permitted uses create noise, smells, trash,
signage (neon?), parking lot lights.
For the record, Bill Post specifically told me that he would give up the
car wash. If he gets neighborhood commercial, will this restriction be on
the plat and referenced in all documents where the zoning is referenced?
Please confirm at the meeting that he was being truthful when he made this
statement to me and require it in all zoning designations.
3. Annexation, Development and Subdivision Improvement Agreement
Several changes would need to be made to this document depending on the
decisions in the areas above. In addition, the following are my comments:
A. I am not sure whether an additional SIA is contemplated, but I would
like to see in this document the requirement concerning the cul de sac
improvements, including adequate, landscaping, berming, other screening and
fencing. The timing of these improvements should be addressed.
B. The developer is only restricted from conveying his new development
parcels until the subdivision is complete. I suggest that he be required to
make all of his•public improvements, including the cul de sac improvements,
before he can convey those parcels. He should not profit by selling those
lots until his obligations are complete. With a third party not motivated
with the huge Village at Avon project, we may never get any decent cul de
sac improvements.
C, The document says that the metro district will acquire the County
portion of Eaglebend Drive and Nottingham Ranch Road until they are
re-aligned. As an owner of properties on each of these roads, should there
not be some maintenance obligations in place before the Town owns those
roads? I would like to know how those will be kept during that process and
should there not be-some time limitation on getting the improvements done?
Again, I am sure you plan another SIA with a time deadline and requirement
for security'but I am sure curious as to those requirements and whether they
need to be negotiated simultaneously with this document.
Thank you for taking the time to read this letter. I humbly request that my
letter be read and inserted into the minutes of the meeting so that my voice
can be accounted for. I will be gone from 10/18 until 10/28 and hope for
good news upon my return!
Very truly yours',
Carol Krueger
3
•
u
COLLEEN WEISS
5221 Eaglebend Drive
Avon, Colorado 81620
(970) 949-6346 (w)
(970) 926-5071 (h)
October 19, 2001
Dear Town Council and Other Representatives:
I'm going to keep this letter short as I fully support specific comments and
recommendations communicated to you in a letter from the Krueger family, who are
neighbors of mine. What I would like to focus on is the "process" of successful
development projects. Witnessing the ongoing communication between the Town,
Developer and Eaglebend residents related to the development and zoning of the
McGrady Acres has truly opened my eyes to why certain development projects are
successful and why others take years to accomplish and don't meet the end desires of all
involved, including the developer's profits.
I have never been more proud of my employer. I have worked for East West
Resorts for over 7 years and have witnessed the development of many successful projects
by our sister company, East West Partners. I know from observing their team members,
who include Charles Madison, Ross Bowker, James Telling, and Dick Funk that the
projects which are most successful receive input and buy-in, not only from the town
officials and regulatory agencies involved but more importantly, the community members
being affected. Understanding that nobody gets, all of what they want, I have _ observed
that the citizens, town and the developer are all rewarded through this process.
I, am disappointed that at this stage of the McGrady Acres project there is not full
effort by all parties involved to come up with a plan that will meet the end desires of
those involved. Knowing how passionate the residents of Eaglebend are on just a couple
of the development issues, I don't understand why there is such resistance to meet their
requests.
I believe the definition of a successful development project is one that meets the
needs and desires of those touched by it....
Thank you for your time and consideration.
Sincerely,
Colleen Weiss
•r •
Hello everyone,
Sorry I can't attend tonight's meeting but; not-that-so ,-I'hi-in-
Greece. I'd just like to say my piece about our endeavor. I still do
think lot 3 and mike Bowen's lot 6 should be residential but since it
looks'' like we can have one (the cul-de-sac) or the other (residential
zoning) I vote for the cul-de sac!
That being said, rd like to thank all off you council members
and all the town staff for listening to our side and truly. considering
the arguments. I'd like to thank bill, post and his staff for their
considerations also.
It's been fun and as long as we get our cul-de-sac I'll be happy.
thanks -again,
buz
q-Z( -O I
C Od~,
U.. C E
.
SEP 2 1
~ I
TOWN OF AVON
i •
I am a resident of Avon, on Eaglebend Drive, and am feeling under represented by my
Town's elected officials and staff with respect,to Traer Creek, LLC's proposed
development. I don't understand the argument that the residents of Eaglebend Drive have
to choose either a cul-de-sac or residential zoning, but cannot have both. Most
municipalities require e-a developer to mitigate its impacts on surrounding neighborhoods
as much a possible. That means Traer Creek should be required to take all reasonable
steps to maintain the nature of the Eaglebend neighborhood, both in terms of traffic and
type of use.
Traer Creek is the entity that is changing the nature of Nottingham Ranch Road, so
why should it now be able to claim that it needs a change of zoning of its McGrady Acres
property because it will be near a busy road? Bill Post told an Eaglebend resident that
she was being selfish to require that the McCrady Acres property remain residential,
because it will require the buyers of that property to live near a busy road. - However,
those new residents will consciously choose that option. When the current residents of
Eaglebend Drive bought their houses, they relied on the residential zoning of the
neighboring property. It is more unfair to make the current residents live near a
commercial development, when they have a reasonable expectation that the neighboring
property will remain residential, than it is to let future purchasers choose whether or not
to live near a busy street. In reality, Traer Creek is selfishly protecting its own interests
by demanding commercial zoning for its McGrady Acres property. If Traer Creek can
change the zoning to commercial, Traer Creek will improve the value of its McGrady
Acres property to the detriment of the property values and enjoyment of the existing
residents of Avon on Eaglebend Drive. As a result, the current residents of Eaglebend
Drive will pay for Traer Creek's impacts to Nottingham Ranch Road and Traer Creek's
McGrady Acres property will benefit from them.
In fact, if Traer Creek can obtain approval of the cul-de-sac and commercial zoning,
Traer Creek will obtain a significant windfall with its McGrady Acres property. I would
like to point out that contrary to its claims, Traer Creek is benefited by the cul-de-sac.
Based on Traer Creek's own plans, Traer Creek will have 1 /3 of an acre more land
available for development by installing a cul-de-sac instead of a through street on
Eaglebend Drive. Consequently, Traer Creek will win a stunning victory by turning low
value residential land (that it had to acquire in order to make Nottingham Ranch Road a
much-busier street) into high'.value commercial land: Meanwhile, Bill Post is touting
Traer Creek's generosity in building a cul-de-sac, but fails to point out that Traer Creek
will now be developing an extra 1/3 of an acre.
If the Town of Avon is tempted to approve commercial zoning for the McGrady
Acres property in its constant search for new revenue sources, l would rather that the
town did some belt tightening. For instance, I would rather the Town manage its growth
responsibly than throw a Fourth of July party for the entire valley. Basing land use
approval decisions solely on fiscal considerations will insure that Avon becomes the
"poster child for growth management in Colorado." -
r, '17
TOWN OF AVON
•
I am feeling under represented by the Avon Town council and staff because the
Town is making it difficult for the Eaglebend residents to participate in the land use
approval process. When Eaglebend residents appear at meetings involving Traer Creek's
approvals, we are not allowed to speak and are told to come to the next meeting. When
we show up at the next meeting, we are still not allowed to voice our concerns, because
the agenda has changed without notifying'us. The Town knows that the residents of
Eaglebend are interested in this matter and should make every effort to keep us informed
and involved. In addition, the Town should require Traer Creek to supply the residents of
Eaglebend Drive with its proposals and submittals in advance of the meetings. We are at
a disadvantage at these meetings because we are not allowed to speak and we do not have
complete information.
In addition, the Town planning staff has been extremely unhelpful in providing '
information to the residents of Eaglebend about Traer Creek's development approvals.
Moreover, why hasn't the planning staff required Traer Creek to conduct a traffic study?
Why hasn't the planning staff required Traer Creek to compare the cost of the cul-de-sac
to the cost of rerouting Eaglebend Drive? Why hasn't the planning staff discovered that
Traer Creek's latest proposal allows 1 /3 of an acre more of development? It is my
impression, that the Town's staff has been given the sole goal of finding new sources of
funding for the Town. However, this is a short sighted and ill advised approach. As a
resident of the Town of Avon, I do not feel that this represents my interests.
In conclusion, I urge each of the Avon Town Council members to require Traer Creek
to mitigate all of its impacts to the Eaglebend neighborhood by building the cul-de-sac
and by retaining the single-family/duplex residential zoning of the McGrady Acres
property. In addition, l request that the Town and Traer Creek be required to provide me
and any other requesting resident with complete and timely information regarding Traer
Creek's development plans and approvals so that I may meaningfully participate in the
process. Finally, I ask the Town to rethink its primary goal of finding new funding
sources and take a more balanced and thoughtful approach to growth in the valley.
Thank you.
Kristi Ferraro-
3860 Eaglebend Drive
P.O. Box 145
Avon, Colorado 81620
ferraroAvail.net
949- l 944
0
October 8, 2001
Mayor Judy Yoder
Town of Avon
Avon, CO
Dear Mayor.
E
Much has been discussed on the zoning of the McGrady Acres land at the end of
Eaglebend drive. Mr. Post has explained that it is good planning to have commercial
space next to a busy street. I have argued that residential lots are appropriate. I wanted
to formalize my thinlrmg in a letter.
■ Traer Creek purchased three marginal residential lots in order to get land for the
new Post Boulevard. I argue that these lots were marginal because they were
each bisected by Eaglebend drive and as such I am sure Traer Creek's cost basis
is quite low.
■ These lots are losing some of their value because Traer Creek is using them for
their intended purpose of building a major road - Post Boulevard
■ Traer Creek is now trying to maximize the value of their land by rezoning it to
commercial use. In essence they are trying to increase the value of their
residential land by building a busy road
■ Traer Creek argues that there will be a buffer between the commercial and
residential, the current pocket park. I believe that the current buffer between
commercial and residential, the train tracks, is a much more effective buffer than
a 70 foot wide park.
■ The current residents on Eaglebend purchased thinking that residential lots would
be their neighbors, undoubtedly their land and home values will decrease once
they back up to a commercial center.
I do not believe that Avon needs additional commercial space at this time. Chapel
Square, which is a nice looking-mixed-use project, is not fully leased up. If in fact
Wa1Mart does move to the Village at Avon then additional commercial space in the core
of Avon will be empty. I do not believe we need to move the full commercial core of
Avon one mile east.
My suggestion is that Traer Creek subdivide Lot 3 into three residential lots off of the
new cul-de-sac at the end of Eaglebend drive., In addition, the town of Avon should
"swap" the current pocket park landfor land on the east side of the new Lot 3, with
parking available on the new stub road. The relocated pocket park will provide a good
0 •
buffer from Post Boulevard for these new residences. The three relocated residential lots'
will be larger than the previous lots (I believe they will be in excess of one-half acre
each). They will not be great lots, but will be equivalent to the-lots that Traer Creek
purchased.
In essence:
■ The purchasers of these lots will know what they are purchasing, with a major
road 70 feet from their, back yard (which is much farther than homes on Highway
6).
• The current residents' home values will not decrease, as they will have residential
lots for neighbors.
• Traer Creek will,get what they want, a widened Post Boulevard They will also
have three salable lots of close equivalent'to the lots they, purchased
■ The Town ofAvon will not have as much excessive commercial space approved.
Please give this idea some thought. I believe it is best for the neighborhood, for the
Town of Avon and for the immediate area.
Sincerely,
Craig A. Ferraro
Cc: Council Members
N. F. Anthony Seibert
4220 Eaglebend Drive
Avon, CO 80620
October 22, 2001
TO: ALL AVON TOWN COUNCIL MEMBERS
RE: EAGLEBEND DRIVE CUL-DE- SAC
Dear Council Members:
Before my retirement to Eaglebend Drive, in all my 30 years of real estate development on the
Front Range, I was never blessed by such a weak willed, willy-nilly and courageousless Town
Council.
In the 11 years that I have lived on Eaglebend Drive, l have seen most of the changes. For the
most part it has been a pleasant, quiet neighborhood, off the beaten path. Once Hurd Lane was
opened up, traffic picked up, the bus started, and the residents felt the need for speed bumps-to
slow down vehicles. Just, imagine the traffic that we will have on Eaglebend Drive if a cul-de-sac
doesn't go in. Are we Avon's stepchild, or what? Isn't it enough that the land behind us will be
overdeveloped to such an extent that our property values and quality of life will be greatly
impacted? I am in adamant opposition to re-zoning to commercial, and strongly feel that the
Council should require to developer to be a good neighbor.
You, as Council members, have, to realize that what YOU decide the developers must do - he will
do. He will hire local attorneys to cajole and threaten, but he will most likely not follow through
and `actually litigate because doing so costs time, money, and creates considerable ill will with
parties from whom he will need help in the future. Neither will he walk away - he has entirely
too much invested to even consider such action. So stop trying to mediate. Protect the
neighborhood's residences by buffering them with a park and more residential zoning, and
mandate that the developer build the cul-de-sac at his expense.
You do not have to appease the developer - he is NOT your constituent. We - the residents of
Eaglebend are!
- -
Very truly yours, - - -
N. F. Anthony Seibert
•
CAROL and JOHN KRUEGER
5200 Eaglebend Drive
BEN and CELINE KRUEGER
5198 Eaglebend Drive
Avon, Colorado 81620
(970) 476-7646 (w)
(970)949-1198 (h)
October 17, 2001
Dear Town Council and'Other Representatives:
E
r~'r
r OFqVON
Unfortunately, I will be out of town for the McCrady Acres meeting on, October 23,
2001, and I speak for the owners of the residences listed above. Since I will be gone, I feel
compelled to write to urge you to represent our neighborhood during the decisions which will be
made at that meeting. Three issues will be addressed at that meeting: '(1) Final Plat reflecting
road realignment, new .developer lots and cul de sac; (2) re-zoning to neighborhood commercial,
and (3) Annexation, Development and, Subdivision Improvement Agreement. The following are
my thoughts on each of these 3 issues:
Final Plat.
The neighborhood, did not,get to see this document much in advance of the public hearing
even though the Town told the developers and the neighbors to get together to work on it and
even-though Bill Post told me before the meeting that the planner was working on a residential
layout (in addition to a commercial layout). There were no such meetings, and we have never
seen a plan for residential subdivision. The Town Council gave preliminary approval to the plat
even though it reduced the size of the-park from the prior submission where Eaglebend Drive
continued through to the new Post Boulevard. When the cul de sac was added, the developer
decided to take the additional acreage (more than 1/3 acres) for himself which would otherwise
have, been used for Eaglebend Drive (confirmed by 4.1(c) of the A,D,SIA): . Land that we
thought might be used as, a buffer between the cul de sac and the new developer lots got taken.
Residential lots of that size have sold for between $200,000-300,000. I doubt that construction
of the cul de sac will cost that much. Why does the developer get this windfall?
Do we like the plan? With no park buffer between the cul de sac and the new lots, there
is very little room to put a berm, landscaping or other screening. Norm says there may be about
10 Teet. He says that, although he interprets the code to require a 25 foot setback of the
developer buildings from the cul de sac, the developer will•'most likely request a variance to the
usual rear setback, which is 10 feet. We are against such a variance. Our requests for protection
from the proposed commercial uses are not new. Our neighborhood petition specifically requests
these items. Bill Post says he does not want to put up the Berlin wall. But we could be looking
straight down our street to the rear of a strip mall with loading docks, parking lot lights and
dumpsters. We could be listening to "Welcome to McDonald's, may I.help you?" 24 hours a day.
Why wouldn't we want as much buffer 'as possible and some type of visual and other screening?
• •
Town Council and Other Representatives
October 17, 2001
Page 2
2. Re-Zoning.
Obviously, the plat issue goes hand in hand with the zoning. We want the developer lots
to remain residential and join our street at the end of our cul de sac. Then the buffer and
screening issues go away. Our petition made this clear from the start. No new requests. I will
even be happy to give the developer the extra Eaglebend Drive acreage to build on if he would
join our neighborhood (some neighbors may disagree and still push for a larger park).
I have always felt at least as strongly if not more strong about the zoning than about the
cul de sac. Of course, I live 2 doors down from what could-be a 24 hour car wash or restaurant.
Not all neighbors on our street will-be as impacted. Their property values will not go down like'
mine will. Why should I bear the consequences of the developer bringing a busy street next to
his own property? He only bought that property to have room to build Post Boulevard. If you
think this property.is key to his development, I think you are mistaken. Here is my quick list on
the zoning matter:
A. By keeping the zoning residential, you maintain the values and expectations, of
not only the existing owners, but the developer who'purchased subject to that zoning.
B. Any owner purchasing residential property along the busy street will know in
advance ' what they are getting. ' With commercial zoning, we are forced to live next to
commercial uses never anticipated to be there.
C. You should not make your decision based on the statement of the Lot 6 owner
that he may go for commercial zoning. He does not have that zoning and we will fight that even
harder. There will be no park to buffer us from that commercial, and the impact on us will be
doubled once commercial is on all tracts adjacent to us. From my perspective, the owner of Lot
6 has a bigger beef with his situation than Traer Creek because the busy road was imposed on
him. 'However, if the value of his,property is affected by that road, the owner of Lot 6 can and
will be compensated (I promise you) for those damages.
D. I am not impressed by the developer's statement that he does not have a good plan
for residential due to the requirement that he must give the Lot 6 owner an access easement. The
developer's installation of the new road and its new grade causes the access for Lot 6 to be in this
new location. His own property needs to bear that impact. Since he is getting the extra
Eaglebend Drive acreage, he actually comes 'out better than if Eaglebend Drive went through.
Even if his layout for residential is not ideal, it is a sacrifice that he will willingly make in the
end for the bigger project.
0 •
Town Council and Other Representatives
October 17, 2001
Page 3
E. 'I also do not believe the developer when he says that he will not build the cul de
sac if he is, forced to keep his property residential. Play that hand and request the cul de sac and
residential zoning. He will not fight you because he has bigger and better things to do. This is a
standard requirement for developers to pay for the impacts of their new development. In
addition, if his property is residential, the cul de sac benefits that property. Note at your last
meeting, Bill avoided answering your question whether he would keep the property residential if
we scrap the cul de sac. He will keep the cul de sac, no matter what the zoning. Perhaps you
could suggest that we will pick up the cost of the cul de sac if he gives us the extra Eaglebend
Drive acreage for our park. See what he says. In actuality, we are entitled to both.
F. Do you really think the Town needs more commercial?
Finally, if you all conclude that commercial zoning is necessary, do you really feel that
this zoning is compatible with single family and duplex residences? How can neighborhood
commercial be considered a low density use when Burger King is the busiest place in town
during some lunch hours, with cars backed up on the street and winding their way around that
small space? No thanks. Perhaps we need a more restrictive zoning designation, but for now, if
you decide in favor of commercial zoning, I guess I am requesting that you impose PUD zoning
with only low intensity uses. To me, that means office space daytime use that will not
adversely. affect our property values as much. The other permitted uses create noise, smells,
trash, signage (neon?), parking lot lights.
For the record, Bill Post specifically told me that he would give up the car wash. If he
gets neighborhood commercial, will this restriction be on the plat and referenced in all
documents where the zoning is referenced? Please confirm at the meeting that he was being
truthful when he made this statement to me and require it in all zoning designations.
Annexation DeveloRment and Subdivision Improvement Agreement
Several changes would need to be made to this document depending on the decisions in
the areas above. In addition, the following are my comments:
A. I am not sure whether an additional SIA is contemplated, but I would like to see
in this document the requirement-concerning the-cul de-sac improvements, including adequate,
landscaping, berming, other screening and fencing. The timing of these improvements should be
Addressed.
B. The developer is only restricted from conveying his new development parcels
until the subdivision is complete. I suggest that he be required to make all of his public
improvements, including the cul de sac improvements, before he can convey those parcels. He
should not profit by selling those lots until his obligations are complete. With a third party not
Town Council and Other Representatives
October 17, 2001
Page 4
motivated with the 'huge Village at Avon project, we may never get any decent cul de sac
improvements.
C. The document says that the metro district will acquire the County portion of
Eaglebend Drive and Nottingham Ranch Road until they are re-aligned. As an owner of
properties on each of these roads, should there not be some maintenance obligations in place
before the Town owns those roads? I would like to know how those will be kept during that
process and should there not be some time limitation on getting the improvements done? Again,
I am sure you plan another SIA with a time deadline and requirement for security but I am sure
curious as to those requirements and whether they need to be negotiated simultaneously with this
document.
Thank you for taking the time to read this letter. I humbly request that my letter be read
and inserted into the minutes of the meeting so that my voice can be accounted for. I will be
gone from 10/1 8'until 10/28 and hope for good news upon my return!
V trul ours,
C
Carol Krueger
• 0
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD OCTOBER 23, 2001
A regular meeting of the Town of Avon, Colorado was held in the Municipal Building,
400 Benchmark Road, Avon, Colorado in the Council Chambers.
The meeting was called to order by Mayor Judy Yoder at 5:30 PM. A roll call was taken
with Councilors Debbie Buckley, Peter Buckley, Mac McDevitt, and Mayor Protem Buz
Reynolds present. Councilors Michael Brown and Rick Cuny were absent. Also present
were Town Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager
Larry Brooks, Town Clerk Kris Nash, Human Resource Director Jacquie Halburnt, Police
Chief Jeff Layman, Town Engineer Norm Wood, Recreation Director Meryl Jacobs,
Public Works Director Bob Reed, Director of Community Development Ruth Borne,
Engineer Anne Martens as well as members of the press and public.
Citizen Input:
Employee Bonus Awards:
Mayor Yoder presented Third Quarter Employee Bonus Awards for employees
nominated by other employees for going above and beyond the call of their normal job
duties.
The award winners were:
Steve Hodges, Police.Department, for his great police working in solving the case of the
tipping over 10 concrete pillars along Avon Road.
Mike Lundblade,,Police Department, for designing a drinking and driving program for 15
year olds in his driver's education classes.
Eric Johnson, Community Development,'for doing the work of two people while his
coworker was stuck over seas. The department can count on him to do the job and do it
correctly.
Sarah Stoutenburg-Lai, Recreation Department, ,for.her hard work coordinating the three
special events this summer as well as making, sure the closing of the recreation center
went smoothly.
Norman Wood and Larry Brooks, Administration Department, won` a team award for
their dedication to Avon and going above and beyond their call of duty.
• 0
Citizen Input:
Fall Fun Night Update:
Mr. Tommy Schneider stated that Fall Fun Night will take place on October 31 from 4
PM to'8 PM in Nottingham Park. He stated it is a safe, fun, non-scary event for families
and children.
Citizen Input:
Appeal of Home Day Care, 2121 B Long Spur, Lot 41, Block 1, Wildridge
Mayor Yoder stated that she will step down from the appeal and Mayor Protem Reynolds
will run this part of the meeting.
Town Attorney Levin stated that the Walkowicz's own a duplex in Wildridge and applied
for a special review use approval to conduct a daycare in their unit. A hearing before the
Planning & Zoning Commission (P&Z) was held on the application and they
recommended approval. Daycare does meet the criteria for a home occupation in Avon.
Mr. Levin stated that the neighbors, the Carroll's, sent a written appeal to the Town of
Avon, which brings the appeal before the Town Council to decide.
Mr. Levin stated that petitions and letters have been received for and against the issue and .
are made a part of the record.
Mr. Rich Carroll, resident of 2121 A'Long Spur, which-is next door to the daycare,
approached the Council. He stated that the town code states that a home occupation does
not interfere with the parking; access or other normal activities.on adjacent properties or
with units in a multi-family dwelling. He stated,that there has been three instances so far
that their access has been interfered with. He believes this activity will impede their
normal use of their duplex'. He added that he is also concerned with the liability issue and
insurance.
Mr. Carroll stated that the Avon Town Comprehensive. Plan states that the plan should be
dynamic and flexible and respond to changes in public attitude, it also states that home
occupations that do not negatively impact other residences should be encouraged. He
added that the Municipal Code states that home occupation does not effect the residential
character of the neighborhood. Mr: Carroll stated that this whole event has greatly
effected public attitudes, has definitely negatively.impacted other residences, and has
definitely negatively impacted the character of the:neighborhood.
Mr. Carroll stated that the rules under which this was granted states that there are no
employees allowed, however, the State does allow the use of substitutes. Ms. Walkowicz
Regular Council Meeting
October 23, 2001
sent a letter to the Town stating that she will use substitutes. Mr. Carroll questioned
when a substitute becomes an employee.
Councilor Peter Buckley asked if the daycare clients were to park on the street for the.
purpose of dropping off and picking up only, would that mitigate the problem of blocking
the driveway. Ms. Geralyn Carroll stated if they park on the street they will still be
walking in on the same common driveway, again presenting a liability issue.
Mr. Carroll felt the liability issue was a big issue because if a child was injured due to an
accident then everyone is going to get sued. He asked if the Town would do anything to
indemnify the Carroll's from any possible lawsuits. Mr. Levin advised the Council not to .
do that.
Mr. Carroll asked if the daycare does get approved, who do they go to to see that all of
the conditions are followed. Mr. Levin stated the Community Development department.
Mr. Carroll stated that their access and normal activity has been effected and will
continue to be effected. He stated that there was a petition presented to the Council with
14 homeowners opposed to the daycare. He asked the Council to uphold the appeal and
not grant the daycare.
Mr. Larry Eskwith, attorney for Shawn Walkowicz the daycare applicant, stated that the
P&Z decision was made after a full investigation of the circumstances by the community
development department of the Town. The P&Z rendered a memorandum that fully
supported a home occupation of a day care in this location. He stated that the Council
must consider the criteria set forth in the zoning code to make this determination. The
special review use provision of the zoning code set forth three criteria: 1. Does this
special review use comply with the zoning ordinance of the Town.; 2. Is it in furtherance.
of the Master Plan; 3. Does the home occupation fit in with the character of the
neighborhood.
Mr. Eskwith stated that the neighborhood is perfect for a daycare center because it is a
neighborhood of young families and is filled with children. He said the day care center
will have four children other than the applicant's children. The room that will be used is
in the basement and not near the party wall. He said the children are young and will
spend the vast majority of their time inside the residence. He does not think there is an
issue relating to the creating noise that isn't reasonable in the neighborhood.
Mr. Eskwith stated the State only allows, six children to be located in this daycare center
during any given day. The applicant has two children, soon.to be three, so there will
only be three more children at the residence. He does not feel the number of customers
will be an issue.
Mr. Eskwith stated that the daycare center will not cause the visible storage of parking
vehicles not normally associated with residential use.
Regular Council Meeting
October 23, 2001
i
i
Mr. Eskwith stated that they will not be altering the exterior or interior of the unit.
He stated that-the residential character of the neighborhood will not be changed. He
added that it is a residential home occupation and not an industrial or commercial
occupation.
Mr. Eskwith stated regarding interfering with parking, the applicant has the ability to
park five cars on her side of the driveway. There will be no cars parked on the street. He
stated that the parents know not to block the driveway being shared by the two
residences. He added that there is adequate parking everyday for the number of vehicles
that will be there. The cars will arrive at different times everyday to drop off their
children and then leave. They will not be there for long periods of time. He does not see
how this particular use will interfere with parking.
lie stated that this daycare will not require alteration of the residence to satisfy Town
code or County health regulations.
He stated that there will be no signage.
Mr. Eskwith stated the only two criteria that are pertinent is the noise issue and the
parking issue. He does not feel they really are issues if you examine them carefully.
Mr.- Eskwith felt this is a furtherance of the Master Plari. ; The Plan encourages home
occupations, especially ones that will cut down on commuting.
He stated that it does comply With, the neighborhood... He stated that there are a lot of kids
in the neighborhood and this will fit in very nicely'in the neighborhood.
Mr. Eskwith stated that-they want to make. the neighbors happy.. They want it to be a
daycare center that fits in with the neighborhood that people will be comfortable with.
He stated that the issue of liability should not be an,issue. Ms.. Walkowicz submitted a
letter from an insurance agent that states she will have the' ability to get liability insurance
over and above homeowners insurance. It also stated that it in no way will effect the
neighbors ability to have insurance. He does not see how liability is increased as there
will be children walking up the driveway in any event..
Mayor Protem Reynolds questioned if a child is hurt in a shared driveway are the people
on the other side held liable, since the driveway is a shared easement and insured by each
owner. Mr. Levin stated that the Carroll's should not have any liability in connection
with the child unless it is done negligently -by the Carroll's.
Councilor Buckley asked for more clarification on employees and asked about a
substitute. Mr. Eskwith stated that the only time a substitute would be used is in an
emergency. He stated there will not be anyone running the day care except Ms.
Walkowicz. Mr. Eskwith later clarified that her State license prohibits employees.
Regular Council Meeting
October 23, 2001
0 0
Councilor McDevitt asked for a plat showing the driveway and the three parking spaces.
He questioned that in the event of snow do the parking spaces get used as snow storage.
He was told not at all. He was shown on a map by Comm. Dev. Director Borne the
parking layout.
Councilor McDevitt clarified where the car was parked that blocked the driveway during
the incident that was earlier referred to by the Carroll's. Ms. Carroll stated in the
common easement area (Ms. Carroll pointed it out on the map). (Note: Discussion took
place away from the microphone and was unable to transcribe). Mr. Eskwith presented a
sign-in'sheet from the days in question showing that only one child was present on one of
the days and that no children were present on the other day.
Mr. Eskwith stated that the safety issue is really not an issue. Parents are driving children
to a daycare center at different times. They are not going to be driving in a reckless
fashion that will injure their children or any of the'neighborhood children. He added that
it is not that many cars and it will not interfere with the school bus or the garbage trucks.
Mr. Eskwith stated that there are petitions for and against this home occupation. He
stated that the petition for had 27 signatures, most of which came from people who live
on the same street as the day care. He added that there have been numerous letters
written in favor of the home occupation and it shows how.much this center and all day
care is needed. The Town'should consider how great this need is and what a benefit this
center will be to the town.
Ms. Susan Peterson, resident of 2133 A Long Spur, stated that the Town's
Comprehensive Plan has great visions; but each case should be looked at separately. She
does not think it is advisable to add a business on a cul-de-sac. She feels that parking
will be an issue. She added that the Comprehensive Plan encourages home occupations
that reduce commuting by residents and do not negatively impact other, residents. She
stated that there are a significant number of people that live on Long Spur who believe
that they will be negatively impacted. She stated that the plan also states it should be
updated every three to five years, and this plan was approved in 1996. She added that the
pending ordinance to revise the daycare ordinance tells her that they are at the five year
period.
Mr. Morgan Turner, resident of 2455 Old Trail Road, stated that he lives in a four-plex,
next door to a unit that was granted a home day care permit. He stated that even though
the bylaws stated no owner occupation the applicant was granted a permit. He stated that
this has caused the neighbors not to speak to each other. One neighbor has sold and
moved. He added that in the end the daycare was not granted anyway. He said their
rules superceded the application because they were in violation of their own bylaws, yet
the permit was granted. They threatened to take civil action against the applicant and it
ended. Now they have a neighborhood where no one speaks and they don't share
common anything now. He agreed there is a need for day care. When there is a single
dwelling no one is impacted directly. When there is a common wall the communication
process must occur. He said not everyone has to enjoy the noise generated by children.
Regular Council Meeting
October 23, 2001
• 0
He said the process has had a negative impact on their neighborhood so no one speaks.
He said that he will move from his residence.
Ms. Wendy Davidson, resident of Eagle-Vail, stated that she is a neighbor of two home
daycares and has no negative impact. She is in support of this daycare application. She
added that there is an extreme need for daycare.
Ms. Ann Him, resident of 2151 Saddle Ridge Loop, presented a letter for the record. She
stated that there is a risk when you buy a duplex, you never know who your neighbors are
going to be. She said you have to live in harmony with your neighbors. She is in favor
of the daycare.
Mr. Doug Cross, resident of 2158 Long Spur, stated that it is great having kids on the
street and can't imagine the whole complaint about kids and the noise. He stated that he
really appreciates the neighbor of his duplex. He felt that there was a lot of pettiness
here. He can't imagine anything negative about kids that age.
Ms. Kristen Joseph, resident of 5164 Long Sun Lane, stated that she is new to the valley
and has to work. She was unable to pursue a job because she did not have child care.
Now that she has found childcare, she is unable to pursue work for fear that this day care
will be closed. She said the valley is in desperate need of childcare. She said children do
make noise, however, that is inevitable. She said that if they do close this daycare
something needs to be done because childcare is difficult to find.
Mr. Brian Nolan, resident of Long Sun Lane, stated this is a lifestyle choice. He thinks
children making noise is a wonderful thing. You buy a duplex and hope for the best
because you don't know what is going to be on the other side. He did commend the new
ordinance requiring approval from the neighbor of a common wall. He said the valley is
in desperate need for childcare, but does not feel it should come to the political level of
the Avon Town Council. He is not in favor of daycare in residential neighborhoods
where variances need to be changed.
Ms. Carroll stated that they have never complained about the noise. She stated that she
knows that daycare is a huge issue and has been for the past 13 yea 7s. She stated that the
Comprehensive Plans need to be redone based on the culture of the community. She does
not feel that enforcing a bylaw to do home daycare is going to solve the problem of home
daycare. She does feel that the issue must be looked at as a community and a task force
should be formed to look at this issue in a more diplomatic civilized way.
There being no further comments, Mayor Protem Reynolds closed the public hearing and
opened up for discussion amongst the Council. :
Councilor McDevitt asked the Walkowicz's if they went to their adjacent duplex
neighbors and talk to them about it. (Note: Ms. Walkowicz is speaking away from the
microphone and is sometimes unable to transcribe). Ms. Walkowicz stated she contacted
Ms. Carroll in early July at which time her comments were favorable. She stated they
Regular Council Meeting
October 23, 2001
talked civilly about it for a long time and then things went awry when she asked for some
documents regarding liability. Ms. Walkowicz stated that she emailed the documents to
her, which Ms. Carroll said she never received. Ms. Walkowicz did not know that and
then when it came time for the meeting, suddenly Ms. Carroll objected.
Councilor McDevitt asked Ms. Walkowicz if she has instructed her clients to park in
designated parking spaces as opposed to a shared entryway. She stated that they all know
to park directly in front of her garage, they also come at different times. She stated that
she has never seen a car park in the middle where no one can get in or out.
Councilor Peter Buckley confirmed that the total number of cars at any given time is
three. Ms. Walkowicz stated that is correct and it is only on Monday. Mr. Buckley asked
who was for and who was against the daycare. Seven people were for the daycare and
four people were against the daycare.
Mayor Protem Reynolds stated that he has seen this issue come in numerous times while
serving on the P&Z Commission and the Town Council. He finds it hard that his
neighbors are having such a hard time dealing with children. He hates to see government
having to make more laws, but is really in favor of having this law changed so they don't
have this situation brought before the Council again.
There being no further comments from the Council, Mayor Protem Reynolds asked for a
motion.
Councilor Peter Buckley motioned to approve the application for the daycare. Councilor
McDevitt seconded the motion. The motion carried unanimously.
Councilor Peter Buckley added that there is ari ordinance on'the agenda tonight that will
require approval of the common wall neighbor that he is going to vote in favor of. This
will solve the situation neighbor to neighbor, where he feels it belongs, instead of coming
to the Council.
Ordinances:
Second Reading of Ordinance:No.0.1-12, Series of 2001, An Ordinance Approving the
Barrancas Planned Unit Development (PUD) for Lots"38, 40, and 41, Block 1,
Benchmark at Beaver Creek Subdivision,'Town of Avon, Eagle County, Colorado
Mayor Yoder stated this is a public hearing.
Community Development Director Borne stated Tanavon Corporation is proposing 45
units on Lots 40 and 41, Lot 38 will be designated open space, which will be conveyed to
the' Town. Staff recommends approval.
Regular Council Meeting
October 23, 2001
•
Councilor McDevitt confirmed that two access points with turning lanes were included.
He questioned how many cars could be in each lane. Ms. Borne stated that issue will be
resolved at final design because they have still not submitted final design application.
Mr. McDevitt stated that the lanes have to allow for the maximum number of cars, and no
one ever going up the hill should ever have to wait for someone making a left turn.
There being no further comments, Mayor Yoder closed the public hearing.
Councilor Debbie Buckley motioned approval of Ordinance No. 01-12, Series of 2001 on-
second reading. Councilor McDevitt seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
Ordinances:
Second'Reading of Ordinance No. 01-13, Series of 2001, An Ordinance Amending
Chapter 17.48 of the Avon Municipal Code Relating to Home Occupations/Child Day
Care
Mayor Yoder stated this is a public hearing.
Town Attorney Levin stated this ordinance amends the daycare requirements. Minor
modifications were made prior to second reading to include language stating that daycare
in a. duplex requires consent in writing from the people living on the other side of the
duplex. Applicants living in a multi-plex require the consent of the owners sharing the
common .walls.
There being comments from the public, Mayor Yoder closed the public hearing.
Councilor Peter Buckley motioned approval of Ordinance No. 01-13, Series of 2001, on
second Reading. Councilor Debbie Buckley seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
Ordinances:
Second Reading of Ordinance No. 01-14; Series of 2001, An Ordinance Concerning the
Annexation to the Town of Avon, Colorado, of Certain Property as Described in the
McGrady Acres Petition for, Annexation
Regular Council Meeting 8
October 23, 2001
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Second Reading of Ordinance No. 01-15, Series of 2001, An Ordinance Approving an
Agreement Concerning the Terms of Annexation, Development and Subdivision of the
Lands Described in the McCrady Acres Petition for Annexation; Authorizing and
Instructing the Mayor of the Town of Avon to Sign the Agreement on Behalf of the
Town; and Approving a Site Specific Development Plan Establishing a Vested Property
Right Pursuant to Article 68 of Title 24, C.R.S., as Amended
Second Reading of Ordinance No. 01-08, Series of 2001, An Ordinance Approving .
Zoning for Lots 1, 2, and 3 of a Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady Acres
Subdivision, Town of Avon, Eagle County, Colorado
Mayor Yoder stated that each ordinance will be voted on separately, but the public
hearing will be held jointly for all three ordinances.
Town Attorney Levin stated the three ordinances will accomplish the annexation of
McGrady Acres, a development agreement for the property, and the zoning on the
property.
Mr. Bill Post; representing the applicant Traer Creek, stated that in 1998 when the
Village at Avon was approved, the vast majority of people insisted that the first thing to
happen was the construction of the I-70 interchange and connection to Highway 6. That
is why he is annexing and developing McCrady Acres. This will put him in compliance
with the original 1998 Annexation and Development Agreement.
Mr. Post stated that it is unfortunate when the public gets against the developer and it
becomes personal and we start attacking things instead of what the real issues are. He
stated that the only outstanding issue in the zoning with the residents of Eaglebend is the
honest difference of opinion of what one of the lots ought to be zoned. He hopes the
people will keep things onarational basis, because this will be along project, and not
make things personal.
Mr. Post stated when they started this process sev&al months ago; they sent flyers and
posted the Eaglebend Drive homes to meet with the neighbors to keep them informed.
He stated that after meeting with the residents, they did not want construction crossing at
Stonebridge Drive and we withdrew that. He has agreed to do everything he can to not
run construction traffic down Eaglebend Drive. He agreed to move the rock crusher,
which is required for the interchange development, as far away as physically possible and
agreed to berm and shield it. Then when we got to the point of the McCrady Acres
annexation the people came and said what they really want is a cul-de-sac. Mr. Post said
although he does not agree that it is good planning, he did agree to build it. He also
agreed to build a wall or a fence to separate the p'r'operty from the Eaglebend residences.
In addition, they agreed not to bring this into the-Village at Avon but leave the property
in Avon and leave it up to the Town's P&Z so it is within their control and not the
Village at Avon's control. He said many things he agreed to that he did not have to agree
to. The only thing that he has not agreed to is should the lots next to the new four- lane
road be residential or should it be neighborhood commercial, the lowest commercial
Regular Council Meeting
October 23, 2001
• i
zoning that the Town has. He stated that there is an honest disagreement with some of
the residents whether that should be residential or commercial. He still believes the best
zoning is neighborhood commercial. He said that it's not that they have not listened and
worked with the people, but that he disagrees on what the zoning should be.
Mayor Yoder stated that six letters have been received from nine people that will be
entered into the record and they all support the cul-de-sac and most support residential
zoning.
Councilor McDevitt asked Mr. Post to explain what the other lots in the area are zoned.
Mr. Post stated that there are four lots, one located on each corner of the intersection of
what would be Eaglebend Drive and the new Post Blvd. Staff and P&Z both
recommended that Lot 3 and Lot 2 be zoned commercial. There has been no objection to
Lot 2, Lot 3 is the lot in contention. There is also a lot located in the county that has been
rezoned under PUD allowing commercial (overnight cottage rentals). Lot 6 is the other
lot, which is presently zoned residential, but the owner adamantly believes that his lot
should be commercially zoned with the new road running through it. He added that if
Mr. Post is,required to.build residential; the Lot 6 owner will go to the County for
commercial zoning and not annex into the town:' Mi. Post stated that if he is required to
build residential, they will still have commercial on Lot 6.
Mayor Yoder asked Mr. Post if he has the option of going to the County for zoning. Mr.
Post stated that he does:and if he goes to the County he will ask for something more
extensive than neighborhood commercial.
Mayor Yoder asked the size of Lot-3. Mr. Po§t stated approximately 1.3 acres.
Mr. Mike Bowen, owner of Lot 6 of McCrady Acres and, Lot 1 in Avon, stated that Lot 1
will be his residence. He stated that he and_ .the, neighbor across the street are probably the
most impacted by the annexation. He also stated that he is very pleased with the cul-de-
sac. Mr. Bowen stated that,his intent was to use Lot 6, as his residence, but with the Traer
Creek annexation and the busy street to come, he now intends to apply for annexation
into the town and then apply for neighborhood commercial zoning if that is what is
received by Mr. Post. If Mr. Post does not receive commercial zoning then he will apply
for commercial zoning through the County. 'The lot is approximately the same size as
Mr. Post's property.
Mr. Buz Didier, resident of Eaglebend Drive, stated that he wants the cul-de-sac.
Mr. Bruce Drumm; resident of 4570 Eaglebend Drive, requested the consideration of the
cul-de-sac for safety, to preserve the neighborhood, reduce the traffic and noise level,
prevent Eaglebend Drive from becoming a direct route from the Village at Avon project
to the Town of Avon, and discontinue the short cut being used now by locals. He stated
that Eaglebend Drive is not made for heavy traffic and he wants the street to remain a
neighborhood. Mr. Drumm stated that commercial zoning on McCrady Acres should not
be allowed. He stated that homes would butt up adjacent to the commercial zoning. He
Regular Council Meeting 10
October 23, 2001
wants to preserve the neighborhood. Mr. Drumm also stated that he is glad the Village at
Avon is part of the Town of Avon, but questioned how they got their own design review
board. He stated that is a town within a town. He questioned how Traer Creek will
improve the Town of Avon. Mr. Drumm added that Mr. Post stated that if he does not
receive the commercial zoning from the Town that he would go to the County. He asked
if this is going to continue one issue after the other. He does respect and thank Mr. Post
for the things that he has worked out, but asked what is the future of Avon. He does not
want to see the project happen independently of the Town. Mr. Drumm wants the cul-de-
sac and residential zoning.
Councilor McDevitt asked Mr. Drumm if the Council voted to approve residential zoning
then there a possibility that the cul-de-sac won't happen and asked what his comments
are if that happened. Mr. Drumm stated that he wants the cul-de-sac and the residential
zoning and is not willing to give up on that.
Mayor Protem Reynolds stated that he is in favor of keeping Eaglebend Drive open to
make traffic flow more easily through the Town. He does not think that it will become a
main road for the connecting road. Mr. Reynolds stated that Mr. Post has given up a
number of things and now it is time for the residents to realize that they may not get
everything that they want. He said Mr. Post does not want to impose on the residents but
he is trying to work with them. He doesn't know how much more they can ask of him
before he just decides to take it to the County.
Councilor. Debbie Buckley stated that her concern is that if he goes to the County there is
a good chance that it could become a through street with neighborhood commercial at the
end of it.
Mr. Bobby Banks, resident of Eaglebend Drive, stated that he is against neighborhood
commercial zoning. He said that if it comes down to a choice, the most important thing
to him is the cul-de-sac.
Ms.-Kathleen Walsh, resident of 4755 Eaglebend Drive, stated that when they annexed
the Village at Avon, she requested that their street be made a cul-de-sac at that time. She
stated that the petition that was brought before the Council specifically stated that they
wanted the cul-de-sac with residential zoning. She stated, that, they should not be the ones
making concessions to the developer.
Ms. Walsh commented on Ordinance No. 01-14 stating that annexing McGrady Acres
makes it a complete development and makes sense., She does not disagree. She did
question how they could annex in '.part of the DenverRio Grande railroad right-of-way.
Mr. Munsey Ayers, attorney for, Traer Creek, stated that the inclusion of rights-of-way is
included under the Annexation Act and that Traer Creek meets the requisite ownership
requirements for the petition. He stated it is in accordance with Section 107 of the
Statute, which is the Municipal Annexation Act.
Regular Council Meeting 11
October 23,.2001
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Ms. Walsh asked if it was a buildable right of way. Mr. Ayers stated that it is not being
built on, but just being annexed in.
Ms. Walsh stated her concerns on Ordinance No. 01-15 regarding the approval of the
Annexation, Development and Subdivisions Agreement. She felt that the Town has no
protection under the Default, Remedies, Termination paragraph of the agreement. She
said the remedies should favor the Town and not the developer. Ms. Walsh also had
concerns that the agreement was between the Town, EMD Limited Liability Company,
Traer Creek LLC, and Traer Creek Metropolitan District. She questioned when the metro
district had been formed and where are their guidelines. Mr. Post stated it was formed in
1998 and was approved by the Council. He stated there are service plans that set forth
what they can and can not do. Ms. Walsh asked who oversees the District.
Ms. Walsh stated that she is concerned also with the section of the agreement concerning
no obligation to develop. While it would be fine with her if they did not develop the
land, she is concerned if they were to half develop the land.
Ms. Walsh next commented on Ordinance No. 01-08 regarding the zoning of McGrady
Acres. Ms. Walsh stated that they should not be asked to choose between the cul-de-sac
or the zoning. They are just requesting what is already there. She stated that the
ordinance states the proposed uses are compatible with the surrounding area. She said
the surrounding area is residential, there is no commercial area there. She asked the
Council to ask for specifics on what he will build and not give him a general zoning
agreement. She has concerns that he could take out the park on Lot 1 and build employee
housing. Mayor Yoder stated that he can not take out the park.
Ms. Walsh said that Mr. Post is not losing land, but is actually gaining land and taking
part of the park land. She added.the town is the one losing land.
Ms. Walsh added that the specifics of the cul-de-sac and the fence need to be decided
before Council finalizes all of the other issues.
Ms. Walsh added that Mr. Post stated- that he is losing property. because of the easement
or right of way for the lot next door, but that is all easement for utilities anyway. She
stated that is not really buildable.
Mayor Protein Reynolds felt that Ms. Walsh was going on with issues that were very
minute on a grand scale of McGiady Acres. He said that scale is;trying to create
something that works for both the residents and the applicant. He is having a hard time
going over such a small issue when they are trying to develop a cul-de-sac, which is what
the residents wanted.
Ms. Walsh stated that the specifics need to be written in.
Councilor McDevitt asked Ms. Walsh if the Council votes to have residential zoning, is
she willing to accept the risk of it being overturned by-the County. Ms. Walsh stated yes
Regular Council Meeting 12
October 23, 2001
she is because she feels the County would not overturn that. Council confirmed that she
wants both the cul-de-sac and the zoning. -
Ms. Christie Ferraro, resident of 3060 Eagleb end Drive, stated that Traer Creek is doing
the development and that they need to take care of the impact. One reason they came up
with the cul-de-sac was to satisfy the impact on the traffic. She stated the other impact is
the busy road on the other end of the street and that Traer Creek is going to benefit by
changing to commercial zoning to the detriment of all of the residential neighbors. She
does not think that it is inappropriate to have homes backing up to a busy road especially
if they are on a cul-de-sac. She stated that even if the residents did not want the cul-de-
sac that Traer Creek would want it because they are getting one-third acre more to
develop. Ms. Ferraro wants both the cul-de-sac and the residential zoning. She added
that if they do go commercial, put limitations on it.
Mr. Sy Easthouse, resident of Eaglebend Drive, stated that the entire Post Blvd. from I-70
to-Highway 6 is going to be commercial, and that is a lot of commercial. He felt that the
residential area is being screwed up by adding commercial zoning. He added that the cul-
de-sac is very important and would like to see residential zoning.
Ms. Colleen Weiss, resident of 5221 Eaglebend Drive, wants a cul-de-sac. She would
like to see residential zoning with a cul-de-sac at the end.
Mr. Walter Dandy, resident of Eaglebend Drive, stated the most important issue is the
cul-de-sac. He also feels that commercial zoning is wrong.
Ms. Jamilya Kovacik, 'resident of Eaglebend Driver, stated that she wants the cul-de-sac
and residential zoning.
There being no further comments from the public, Mayor Yoder closed the public
hearing.
Mayor Yoder asked for discussion on Ordinance No. 01-14, Series of 2001, amongst the .
Council.
Mayor Protem Reynolds motioned approval of Ordinance No. 01-14, Series of 2001 on
second reading. Councilor Peter Buckley seconded the motion.
The Mayor asked for a roll call.
The motion carried unanimously.
Next Mayor Yoder asked for•comments from the Council on Ordinance No. 01-15, Series
of 2001.
Mayor Protem Reynolds confirmed that the agreement sets up lots and a road going
through. Mr. Post stated that it also includes plans for the, cul-de-sac and collateralizes
Regular Council Meeting 13
October 23, 2001
• •
the cul-de-sac. He also confirmed that under the documents, Traer Creek is paying for
the cul-de-sac.
Mayor Protem Reynolds motioned approval of Ordinance No. 01-15, Series of 2001.
Councilor Debbie Buckley seconded the motion.
The Mayor asked for a roll call.
The motion carried unanimously.
Next, Mayor Yoder asked for comments from the Council on Ordinance No. 01-08,
Series of 2001.
Councilor McDevitt stated that this is a very difficult one and if they vote to approve this,
he feels that the priority of the majority of residents might be in jeopardy. On the other
hand, if the people are willing to run the risk of not getting the cul-de-sac, then they
ought not approve the ordinance.
Councilor Debbie Buckley stated while a lot of residents are willing to risk it going to the
County, it is in the best interest of the whole neighborhood to have the cul-de-sac. That
will do the most to preserve the neighborhood.
Councilor McDevitt stated that in addition to Lot 3, if Lot 6 goes to the County and gets
commercial zoning, then Traer Creek has a good chance of rezoning the lot commercial
because of the proximity of everything.
Councilor Peter Buckley stated that he would like. to continue the working relationship
with Traer Creek. If the land is annexed into Avon then the Town's P&Z have control
over what is built. That, control, is gone if it goes to the County. He stated regardless of
the way it, goes tonight, he will keep working with the people on the issues.
Mayor Protem Reynolds stated that he feels that Mr. Bowen will get his commercial
zoning and that a residential unit next'to that with an easement there is a bad situation
overall. He stated that of the 650,000 square feet of commercial, 300,000 will be in two
big boxes, the other 350,000 will be spread out over a large amount of area. Mr.
Reynolds felt that the land should be zoned neighborhood commercial.
Mayor Yoder stated that she feels the most important issue is that it be a part of the town
of Avon. `
Mayor Protem Reynolds motioned approval of Ordinance No. 01-08, Series of 2001, on
second reading. Councilor Peter Buckley seconded the motion.
The Mayor asked for a roll call.
The motion carried unanimously.
Regular Council Meeting 14
October 23, 2001
•
Ordinances:
0
First Reading of Ordinance No. 01-16, Series of 2001, An Ordinance Approving the First
Amendment (the "Amendment") to the Annexation and Development Agreement (the
"Agreement") Between the Town of Avon (the "Town") and Traer Creek LLC, A
Colorado Limited Liability Company, EMD Limited Liability Company, A Colorado
Limited Liability Company (Collectively the "Owner"), and Traer Creek Metropolitan
District, a Quasi-Municipal Corporation and Political Subdivision of the State of
Colorado (the "District") Concerning the Development Rights and Responsibilities of the
Town and the Owner with Respect to the Village at Avon; Authorizing and Instructing
the Mayor of the Town to Sign the Amendment on Behalf of the Town, and Approving a
Site Specific Development Plan Establishing a Vested Property Right Pursuant to Article
68 of Title 24, C.R.S., as Amended
Town Engineer Wood stated -this ordinance approves the first amendment to the original
annexation and development agreement. Some of the issues include minor changes in the
way the commercial is developed_ with the timing in,relation to the I-70 interchange. It
makes some housekeeping items as well as provides for a potential use tax that could be
implemented in the future, which was not addressed in the original agreement.
Councilor McDevitt confirmed that June, 15 was the new target date for the construction
of the I-70 interchange-and the prior date .was April 15. He questioned why. Mr. Wood
stated it probably can't be completed,by that time for paving purposes.
Councilor Debbie Buckley motioned approval of Ordinance No. 01-16, Series of 2001 on
first reading. Councilor Peter Buckley seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried with Councilor McDevitt voting nay.
Resolutions:
Resolution No. 01-30, Series of 200 Resolution Approving the Articles of
Incorporation and Bylaws of Buffalo Ridge Affordable Housing Corporation
Asst. Town Manager Brooks stated that by passing this resolution the process is started to
allow the Buffalo Ridge Affordable Housing Association to form and eventually fund the
affordable housing set forth with the Village at Avon.
Councilor Peter Buckley motioned approval of Resolution No. 01-30, Series of 2001.
Councilor Debbie Buckley seconded the motion. The motion carried unanimously.
Regular Council Meeting 15
October 23, 2001
Resolutions:
Resolution No. 01-31, Series of 2001, A Resolution Approving Final Subdivision Plat for
a Resubdivision of Lots 1, 2, 3, 4, and 5, McCrady Acres, Town of Avon, Eagle County,
Colorado
Town Engineer Wood stated that this is the final plat for resubdivision that was
considered following the public hearing. The final plat is consistent with the preliminary
plat that was previously approved including the cul-de-sac at the end of Eaglebend Drive
subdivision and Lot 1, which is the town park. Staff recommends approval.
Councilor Peter Buckley motioned approval of Resolution No. 01-31, Series of 2001.
Councilor McDevitt seconded the motion. The motion carried unanimously.
Town Manager Report:
Town Manger Efting stated that Colorado Association of Ski Towns (CAST) will be in
Minturn on Thursday and Friday. Trends in Ski Resorts is going to be one of the topics.
Consent Agenda:
a.) Approval of the' October 9, 2001 Council Meeting Minutes
b.) Approval of the September-25, 2001, Council Meeting Minutes
c.) Financial Matters
d.) Resolution No. 01-32, Series of 2001, A Resolution Approving the Final
Plat, A Resubdivision of Lot 15, Block 3, Wildridge, Town of Avon,
Eagle County, Colorado
e.) Nottingham Road Bike Path - Change Order No. 3
Councilor Debbie Buckley motioned to approve the Consent Agenda. Councilor
McDevitt seconded the motion. The motion carried unanimously.
There being no further business to come before the Council, Mayor Protem Reynolds
motioned to adjourn the meeting. Councilor McDevitt seconded the motion. The motion
carried unanimously and the meeting adjourned at,8Z0 PM.
Y 'SUBMITTED:
Nash, Town' Clerk
Regular Council Meeting 16
October 23, 2001
i
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Rick Curly
Mac McDevitt
Buz Reynolds
Judy Yoder
Regular Council Meeting 17
October 23, 2001