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TC Ord. No. 2006-17 Approving with conditions a PUD amendment application amending the village at avon PUD development plan by relocating planning area G from planning area RMF-1 filing 3 village at avon subdivision to planning area D filing 1 village atEAGLE COUNTY, CO 200705490 e7 IEIIIII $51.00 IIIII VIII INII VIII VIII VIII VIII 03/02/2 007 TOWN OF AVON ORDINANCE NO.06-17 07 SERIES OF 2006 i a AN ORDINANCE APPROVING, WITH CONDITIONS, A PUD AMENDMENT APPLICATION AMENDING THE VILLAGE AT AVON PUD DEVELOPMENT PLAN BY RELOCATING PLANNING AREA G, FROM PLANNING AREA RMF-1, FILING 31 VILLAGE AT AVON SUBDVISION TO PLANNING AREA D, FILING 1, VILLAGE AT AVON SUBDIVISION. WHEREAS, Dominic Mauriello, on behalf of Traer Creek LLC, has filed an application to formally amend the existing PUD Development Plan for the Village at Avon by relocating Planning Area "G", approximately 7.3 acres (and commonly known as the school site), from Planning Area RMF-1 to Planning Area "D". The result of which would increase the size of Planning Area RMF-1 by approximately 7.3 acres and decrease the size of Planning Area "D" by approximately 7.3 acres; 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 November 21 2006,. at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD Amendment; and WHEREAS, following such public hearings, the Planning & Zoning Commission forwarded its recommendation for conditional approval on the PUD amendment application to. the Town Council of the Town of Avon through Resolution 06-17; and WHEREAS, after notices provided by law, this Council held a public hearing on December 12t", 2006, January 9"', 2007, and January 23, 2007, at which time the applicant and the public were given an opportunity to express their opinions regarding the proposed PUD Amendment; and WHEREAS, based upon the evidence, testimony, exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds said 5 application appears to comply with the following PUD review criteria set forth in Section 17.12.110 of the Avon Municipal Code, including the following: 1. Conformance with the Town of Avon Comprehensive Plan goals and policies as required by 17.20.1101-1 (1); a. Village at Avon West District Planning Principles: Buffer schools from commercial uses by surrounding them with residential development or open space. b. Policy J.2.3: Ensure that annexations and new subdivisions include and or provide for community services and facilities (i.e. schools, transit, fire, affordable housing, etc.) based on increased demand created by those developments. 2. The proposed school use and activity provide a compatible, efficient, and workable relationship. with surrounding uses and activity as required by 17.20.1101-1(4). WHEREAS, this PUD Amendment provides evidence of compliance with the public purpose provisions outlined in Section 17.28.085 of the Municipal Code. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Amendment to the Village at Avon PUD to relocate Planning Area "G", from Planning Area RMF-1, Filing 3, Village at Avon Subdivision to Planning Area "D", Filing 1, Village at Avon is hereby approved, subject to the following conditions: 1. Traer Creek LLC, the property owner, must submit a complete site specific geotechnical investigation report for review by staff within 6 months of the effective date of this ordinance, including investigation of access to and from the . site. Based on the findings of the report, if the property owner determines it is commercially feasible to comply with the conditions set forth below, it shall, within 60 days thereafter, execute a written agreement with the Town of Avon and the Eagle County School District to convey the site to the Town of Avon in accordance with Chapter 16.50 of the Municipal Code, for the benefit of Eagle 7079663, 10 County School District, and in accordance with the following (collectively, the "Criteria"): (A) the agreement shall incorporate and otherwise address the criteria outlined in the School District Letter dated January 3, 2006 (Exhibit "A"), and shall be substantially in the form of the draft agreement referenced in the initial paragraph on page 2 of the School District Letter; (B) the Town of Avon Subdivision review criteria (Title 16 of the Municipal Code); (C) Section 1.5 (Design and Improvement Standards) of the Village at Avon PUD Guide; and (D) the terms and conditions of the Village at Avon Annexation and Development Agreement, including but not limited to Section 4.3(f). In the event the property owner determines that it is not commercially feasible to comply with the foregoing conditions, the property owner shall give written notice to the Town and the School District that it intends to move the school site. Within 6 months after giving such notice, Traer Creek, LLC must designate in writing a minimum of two (2) alternate school sites within Planning Areas A (excluding the portion thereof described in Exhibit "B"), B, C, D, E, and/or F, and submit an application to amend the Village at Avon PUD to provide for an alternate site that satisfies the Criteria. Prior to designating such alternate school sites, Traer Creek, LLC shall engage in an informal cooperative site evaluation process with designated representatives of the Eagle County School District and the Town for the purpose of evaluating potential alternative school sites within The Village at Avon for consistency with the Criteria. Within 60. days after final approval of tile PUD amendment, the Eagle County School District, the Town and the property owner shall execute a written agreement with respect to such site as described above in this Section 1. 2. In order to assure that alternate school sites are not developed for other purposes prior to the property owner's compliance with condition 41, the applicant has agreed that. it will submit no applications for further subdivision or issuance of building permits for Village at Avon PUD Planning Areas A (excluding the portion thereof described in Exhibit "B"), B, C, D, E, and/or F,) or any of them, until the applicant and/or property owner has complied with condition #1. If the property owner satisfies condition #1 by entering into the agreement regarding the school site as located within Planning Area D, the restriction of this condition 2 707966.3 - shall be lifted immediately upon mutual execution of the agreement by the parties. Alternatively, if the property owner satisfies condition #1 by designating at least two (2) proposed alternate sites and submitting a PUD amendment therefor, the sites so designated will remain subject to the.foregoing restriction pending final action by Town Council to approve the PUD amendment for the relocated school site, and the restriction shall be lifted as to all other sites within Planning Areas A, B, C, D, E and F immediately upon submission of such PUD amendment application. Upon approval of the PUD amendment for an alternate school site, the restriction shall be lifted as to the remaining designated alternate sites 3. Traer Creek LLC, the property owner, shall submit a complete subdivision application, consistent with the criteria set forth in Condition #1 above, for the subject property no later than six (6) months from the date of a request for conveyance of the site by the Eagle County School District, or at the time of the subdivision of Planning Area D (or if an alternate site is approved as provided above, at the time of the subdivision of any Planning Area abutting the alternate Planning Area G location), whichever is earlier, and it shall diligently and reasonably pursue such application until approval. Traer Creek, LLC shall convey Planning Area G to the Town for reconveyance to the School District in accordance with Chapter 16.50 of the Municipal Code, no later than 30 days after the approval of final subdivision plat for Planning Area G is approved. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this lam= day of . Z4L CAAYl'R*f-- , 2006, and a public hearing shall be held at the regular meeting of the Town. Council of the Town of Avon, Colorado, on the ci day of, 4A"(.LL 19M, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. .f Town von, Colorado CaNd go a~. " To, n Counci ~ 1 ~ a 7d " r } o~ Mayor 707966 ATTEST: 2~ 5 ' l c T 1 C rk ~-,-j INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED f~ POSTED the 23 ' day of , 2007. F Town of P S"0 L^9 /"q g ~ a A '1L.c ~ t ' j.. ATTE`s, OC 10 TowwCounail Mayor Colorado To n C rk 707966.; APPROV D S TO FORM: Town Att rney I • Exhibit ..A„ IR: Ordinance No. 06-17 EeGLF COL1NT4' SCHOOLS F.O. BOX 740 • EAGLE, COLORADO 81631 970.328.6321 FAX 970.328.1024 1 January 3, 2006 Honorable Town Council Members Town of Avon PO Box 975 Avon, CO 81620 RE: VILLAGE AT AVON - SCHOOL SITE Dear Council Members, Thank you for the opponunity to provide comments on the proposed relocation of the school site at the Village at Avon dated September 2005. We understand that this draft PUD Amendment has not been officially submitted to the To-,m of Avon at this time; however, we felt it was imponant to provide the school district's perspective of this relocation as the Town works through the submission process. The school district is conceptually in favor of the September 2005 proposal which includes moving the 7.3 acre school site Area G from RMF-l to a 7.3 acre site within planning area D south of 1-70. This proposal is consistent with the community input meeting held by the school district on November 171h, 2004, and the Board of Education meeting on December Sib.. 2004,113 which the Board of Education requested that Traer Creek LLC proceed with planning the school site within planning area D. As this plaltrting process continues, the school district would respectfully request the following considerations are applied to this new school site within planning area D: • Access and all utilities are delivered to the school site boundary at the developer's expense.. • As school buildings, parking lots and athletic fields require large, flat footprints, we would request that the entire 7.3 acres be buildable and that the slope of the property be minimal. We recommend that, at a minimum, 80% of the School Site shall have a slope of 10% or less and the balance of the School Site shall have a slope of 20% or less. • The school site should be adequately buffered from any proposed commercial development by either residential land uses or a community park. • The timing of when the school site is available for development is critical. The Board rMje,l.tf, 7h2t a reasonahle cieveionmertt nhssin2 nian be. established to ensure that the school site is prepareo and ready for development commensurate xvitl3 the pace of residential development within the project. • Io i Finally, the district continues to be interested in entering into a school site agreement with the school district, Traer Creek LLC and the Town of Avon detailing these items.. A draft of an agreement has been produced and can be updated to be included in the PUD that relocates the school site within Area D when necessary. The Board of Education continues, to be adamant that the school site should have access, utilities. toporaph y and location to allow for a quality educational facility to be constructed. Additionally, the Board believes strongly that a site must be identified and agreed upon piior to approval of the PUD amendment. We look forward to working with you and Traer Creek LLC to identify and plan the future school site in the Village. at Avon development. We believe that in working together we can jointly locate and finalize a superior school site for the residents of the Avon area. Thank your for your time and consideration. . Sincerely, ~Gc cc,~1 e/~~ , Karen Strakbein Assistant Superintendent for Business Services Cc Larry Brooks, Town A9anager Board of Education John Brendza, Superintendent Dan Leary; Traer Creek i l s i i PROPERTY DESCRIPTION `Tt~~Ff117s JIII iz Jost Mic Colprade L.S. 301 yJl.il~s rlilli That part of Lot 1, Amended Final Plat, The Village (at Avon) Filing 1, according to the map thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the southwest corner of said Lot 1; thence along the west property line 'of said Lot 1 N18'56'47"E 998.74 feet to the south right-of-way line of Interstate Highway No. 70; thence, along said right-of-way S53'54'37"E 233.30 feet; thence, 732.73 feet along the arc of a non tangent curve to the left having a radius of 5950.00 feet, a central angle of 0703'21", and a chord that bears S66'47'58"E 732.26 feet; thence, departing said right-of-way S39'40'23"W 994.15 feet to the northerly right-of-way of the Denver And Rio Grande Railroad; thence along said right-of-way N65'54'27"W 603.77 feet to the Point of Beginning, containing 17.00 acres, more or less. Fps Te c,p \cRFF,i-~ ~e DLO SS `~SA• F 0' 200' 400' 600' 6-0T03'21' R-5950.00' L-732.73' T-366.83' C LEN=732.26' BRG-S 66'47'58' E aao' \ \ 1 \ 1 1 1 I I l I ^ L o~ I 1 CHAPEL SQUARE co 1 > I P.O.B. FR qN0 RIO sSS4 W I M I EASDAN7 I m 1 1 M I h I n I M I _J M I ~ CHAPEL PLACE ---RT- z i 1 , EA aa~o D i PART OF LOT 1 I I I o ~ 17.00 ACRES \ \ 1 .y 50 RW RgNae tv"'s, ,Rl 03'> [NrFRSTgTF ~y;4 , Y NO LOT 1 F ° zaFr, O r GD) W mw°o u w w 0 N Z x Q I I 6 v Q > a F I I ~ a 3 z >1 11 Q a o z p O OD 04 U 44 00 W w 00~~ Z I A z ~zx O Fooz OQF Q O z ~I Y ~O Wd ° zdQ° O o Q Zl in Hca r.Cy~, Cbq\ U 3 N Ou z u I C` t O Lz' Q Ep. cn D a I: t z a 0 a I I R. W o °z O em$ a lf~ E" F p x O. U0F s a d n N e m d H O Q O ~pNpp d cS z 0 a d~ d E; ~ i, N o y a N ~ a i Q d d G z e~ ~ p a 0 e o 0 o d o g e `e a z z z r- ~ _ I ■ I't [fir ~ ~ pa ~ c ~ Q 0 ~ ~ ~ a a a a a - ~ ~ d d d c`a o C G C 7. O r © p f7~ O co t I~ b a m z. o'9i i E o a a a g v v v m° M _ IA a U' :7 C7 W ~ ~A F > 5 k ~'r ` ~ a ,n a a a A F a Q d a. r Q 6 d o 6 d Q T J % p.~ z LLm qq -zs I 3 a 7 a a E ~I v v v v b b v v v v v 'a - - - - - - !2 ~ N , 4 It_ o 0 0 o a o o e o 0 0 0 0'4 0 rn ! a N m N .40 ~10~ II 'p"I - 0 0 0 0 0 o c c o - o N o; g 1~ 4 N r N ~ ~ rn ° v? rn tl N 1.~ I p! 7 al r l ON ~II 1~,i1 ® ! Y l~~n all o y a a - I w a iu 6 U C; N ~ v v v ~ c o E~ 5, 60 c v I~1 ~ / ♦ Q Q Q Q Q Q Q a s LL u J (~~f E a F==f 10 A'y n C~'~ a O f y,5 G _ ~~yy / I / ~ ~ is a v .r o a ,g w w cs y D ~1! v °i o 2 _ E m a n iy A n b 3 ~r ~~v41~~ ~~J tea; m o~ [ a W r J i I \V" .p - v r w v of m m m o J, / °v w°'~O5" :a_ v v v_ d z ,3 rX ~y ~1 y~ /p~ !.may.- ~l 8 °3 $ v o U "rob v~ o Q " s O1 'O c Q P° a N a4 tK tK p ~ o o a o, P4 r~ f ~ ;i a~ ~ g ~~a N Y 8 Z ~ w 04 m ® ® .ti~i I / ~ v ! ~ ~ c 3 O 3 " U u a •"aY u N ch M Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Erie Heidemann, Director of Community Development Date: January 18th, 2007 Re: Second Reading of Ordinance 06-17, Village at Avon Planned Unit Development ("PUD") Application, Amendments to the 2001. Village at Avon PUD (PUBLIC HEARING) Summary: The applicant, Dominic Mauriello of the Mauriello Planning Group, representing the owner of the property, Traer. Creek, LLC, is proposing to amend the Village at Avon PUD. The proposed amendment to the PUD would relocate Planning Area G on the PUD Development Plan from RMF-1 to Planning Area D, which is to be adjusted to allow the school to be located within its existing boundaries. Planning Area G is and will remain designated for a school to be operated by the Eagle County School District. Background: Public hearings were held with Town Council on December 12th, 2006, and. January 9th 2007 whereby Town Council, after hearing comments from staff, the applicant, and the public, unanimously tabled Ordinance 06-17 pending revisions to the proposed staff conditions. Attached is the revised Ordinance 06-17, which has been amended by staff and accepted by the applicant. Also attached is exhibit A (excluded portion of Planning Area A) and B (Eagle County School District letter dated January 3rd, 2006) to Ordinance 06-17, and a. Formal Amendment #1 agreement which authorizes, by signature of the Mayor and property owner, changes to the text of the PUD Guide, as reflected in. Ordinance` 06-16, and the map revisions to the PUD Development Plan•for the relocated Planning Area G. Staff Recommendation: Staff recommends the Avon Town Council approve Ordinance 06-17 on Second Reading. Available Actions: The following options are available for action on this application: 1) Approve Second Reading of Ordinance 06-17 2) Table on Second Reading of Ordinance 06-17 3) Deny on Second Reading of Ordinance 06-17 Town Manager Comments: v'Attachments: 1. Ordinance 06-17 2. Formal Amendment Agreement Ordinances 06-17, Village at Avon PUD, Amendment to the 2001 Village at Avon PUD PUBLIC HEARING) Town Council January 23, 2007 Regular Meeting .V TOWN OF AVON ORDINANCE NO.06-17, SERIES OF 2006 AN ORDINANCE APPROVING, WITH CONDITIONS, A PUD AMENDMENT APPLICATION AMENDING THE VILLAGE AT AVON PUD DEVELOPMENT PLAN BY RELOCATING PLANNING AREA G, FROM PLANNING AREA RMF-1, FILING 3, VILLAGE AT AVON SUBDVISION TO PLANNING AREA D, FILING 1, VILLAGE AT AVON SUBDIVISION. WHEREAS, Dominic Mauriello, on behalf of Traer Creek LLC, has filed an application to formally amend the existing PUD Development Plan for the Village at Avon by relocating Planning Area "G-, approximately 7.3 acres (and commonly known as the school site), from Planning Area RMF-I to Planning Area "D". The result of which would increase the size of Planning Area RMF-1 by approximately 7.3 acres and decrease the size of Planning Area "D" by approximately 7.3 acres; 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 November 21", 2006; at which time the applicant and the public were given an opportunity to express their, opinions and present certain information and reports regarding the proposed PUD Amendment; and WHEREAS, following such public .hearings, the Planning & Zoning Commission forwarded its recommendation for conditional approval on the PUD amendment application to the Town Council of the Town of Avon through Resolution 06-17; and WHEREAS, after notices provided by law, this Council held a public hearing on I December 121h, 2006,, January 9`h, 2007. and January 23. ?007. at which time the applicant and _ I Deleted: and the public were given an opportunity to express their opinions regarding the proposed PUD Amendment; and WHEREAS, based upon the evidence, testimony, exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds said { Deleted: 707966.2 ,,rvoh application appears to comply with the following PUD review criteria set forth in Section 17.12.110 of the Avon Municipal Code, including the following: 1. Conformance with the Town of Avon Comprehensive Plan goals and policies as required by 17.20.110H (l); a. Village at Avon West District Planning Principles: Buffer schools from commercial uses by surrounding them with residential development or open space. b. Policy J.2.3: Ensure that annexations and new subdivisions include and or provide for community services and facilities (i.e. schools, transit, fire, affordable housing, etc.) based on increased demand created by those developments. 2. The proposed school use and activity provide a compatible, efficient, and workable relationship with surrounding uses and activity as required by 17.20.110H (4). WHEREAS, this PUD Amendment provides evidence of compliance with the public purpose provisions outlined in Section 17.28.085 of the Municipal Code. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN. OF AVON, COLORADO, THAT: The Amendment to the Village at Avon PUD to relocate Planning Area "G", from Planning Area RMF-1, Filing 31 Village at Avon Subdivision to Planning Area "D", Filing 1, Village at Avon is hereby approved, subject to the following conditions: 1. Traer Creek LLC, the property owner, must submit a complete site specific _ . _ _ . . . . I geotechnical investigation report for review by staff within h months of the 1 Deleted: 12 I effective date of this ordinance, including investigation of access to and from the site. Based on the findings of the report, if the property owner determines it is commercially feasible to comply with the conditions set forth below, it shall, Deleted:- within 60.days thereafter, execute a written agreement with the Town of Avon and the Eagle County. School District to convey the site. to the. Town of Avon in accordance with Chapter 16.50 of the Municipal Code, for the benefit of Eagle Deleted: 707e66 A County School District, and in accordance with the following (collectively. (lie . "Criteria"): (A) the agreement shall incorporate and otherwise address the criteria outlined in the School District Letter dated January 3, 2006 (Exhibit "A"), and Deleted:limaedtoanupdatevf ~ shall be substantially in the form of the draft agreement referenced in the initial paragraph on page 2 of the School . District Letter; (B) the Town of Avon Subdivision review criteria (Title 16 of the Municipal Code); (C) Section 1.5 (Design and Improvement Standards) of the Village at Avon PUD Guide; and (D) the terms and conditions of the Village at Avon Annexation and Development Agreement, including but not limited to Section 4.3(f). In the event the property owner determines that it is not commercially feasible to comply with the foregoing conditions, the property owner shall give written notice to the Town and the School District that it intends to move the school site. Within 6 months after giving such notice, Traer Creek, LLC must designate in writing a minimum of two (2) alternate school sites within Planning, Areas A (excluding the portion thereof described in Exhibit "B-). B. C. D. E. and/or F. and submit an application to amend the Village at Avon PUD to provide for an alternate site that satisfies the Criteri a. Prior to designating such alternate school sites. Traer Creek. LLC shall Deleted: above requirements engage in an infonnal cooperative site evaluation process with designated representatives of the Eagle County School District and the Town for the purpose of evaluating potential alternative school sites Nvithin The Village at Avon for consistency with the Criteria. Within 60 davs after final apvroval of tile PUID amendment. the Eagle County School District. the ]own and the property owner shall execute a written agreement with respect to such site as described above in this Section 1. 2. In order to assure that alternate school sites are not developed for other purposes ' Deleted: and 'A (excluding the prior to the property owner's compliance with condition #1, the applicant has triangular area between E. Beaver Creek Blvd. and Chapel Place (where the agreed that it will submit no applications for further subdivision or issuance of modular building is currently located) building permits for Village at Avon PUD Planning Areas A (excludim, the Deleted: ; provided. however, that the Town Council may. by motion or I resolution. authorize staff to process portion thereof described in Exhibit "B"). B, C, D, E, andlor F„ ) or any of them, subdivision or building permit applications for specific purposes deemed until the applicant and/or property owner has complied with condition #1„ If the by Town Council tobeintheTown's interests and which are in a location that property owner satisfies condition #1 by entering into. the agreement regarding the would not foreclose the availability of satisfactory alternate school site locations school site as-located within Planning-Area D, the restriction of this condition 2 I ( Deleted: 707966.2 Deleted: Condition h shall be lifted immediately upon mutual execution of the agreement by the parties. Alternatively, if the property owner, satisfies condition #1 by designating at least two (2) proposed alternate sites and submitting a PUD amendment therefor, the sites so designated will remain subject to the foregoing restriction pending final _ { Deleted: a action by Town Council to approve the PUD amendment for the relocated school site, and the restriction shall be lifted as to all other sites within Planning Areas A, B, C, D, E and F immediately upon submission of such PUD amendment application. Upon approval of the PtTD amendment for an alternate school site. the restriction shall be lifted as to the remainine, designated alternate sites. 3. Traer Creek LLC, the property owner, shall submit a complete subdivision application, consistent with the criteria set forth in Condition #1 above, for the subject property no later than six (6) months from the date of a request for conveyance of the site by the Eagle County School District, or at the time of the . subdivision of Planning Area D _(or if an alternate site is approved as provided above at the tithe of the subdivision of anv Planning Area abutting the alternate Plarminr Area G location), whichever is earlier, and it shall diligently and reasonably pursue such application until approval. Traer Creek, LLC shall convey I Planning Area G to the Town for reconveyance to the School District in accordance .with Chapter 16.50 of the Municipal Code, no later than 30 days after the approval of final. subdivision plat for Planning Area G is approved... INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of 2006, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of, 12006i at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Mayor Deleted: 707966.2 ATTEST: .I A1'Yn%vi . Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2007. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney F Deleted: 7079662 Exhibit "A" Ordinance No. 06-17k EAGLE COUNT!' SCHOOLS F.O. BOX 740 • EAGLE, COLORADO 61631 870.328.6321 • FAX 870.328.1024 LOYL..1•G LY~11 •1 VOI Ml 101 •Y LL/• January 3, 2006 Honorable Town Council Members Town of Avon PO Box 975 Avon, CO 81620 RE: VILLAGE AT AVON -SCHOOL SITE Dear Council Members, Thank you for the opportunity to provide comments on the proposed relocation of the school site at the Village at Avon dated September 2005. We understand that this draft PUD Amendment has not been officially submitted to the Town of Avon at this time; however, we felt it was imponant to provide the school district's perspective of this relocation as the Town works through the submission process. The school district is conceptually in favor of the September 2005 proposal which includes moving the 7.3 acre school site Area G from RMF-l to a 7.3 acre site within planning area D Routh of 1- 70. This proposal is consistent with the community input meeting held by the school district on November l 7th, 2004, and the Board of Education meeting on December 81h. 2004, in which the Board of Education requested that Traer Creek LLC proceed with planning the school site. within planning area D. As this planning process continues, the school district would respectfully request the following considerations are applied to this new school site within planning area D: • Access and all utilities are delivered to the school site boundary at the developer's expense.. • As school buildings. Parking lots and athletic fields require large, flat footprints, we would request that the entire 7.3 acres be buildable and that the slope of the property be minimal. We recommend that, at a minimum, 80% of the School Site shall have a slope of 10% or less and the balance of the School Site shall have a slope of 20% or less. • The school site should be adequately buffered from any proposer] commercial development by either residential land uses or a community park. • The timing of when the school site is available for development is critical. The Board re^ttests ?hat a reasonable development nhas' plan be established to ensure that the in 2 school site is prepared and ready for development commensurate with the pace of residential development within the project. U. Finally, the district continues to be interested in entering into a school site agreement with the school district, Traer Creek LLC and the Town of Avon detailing these items.. A draft of an agreement has been produced and can be updated to be included in the PUD that relocates the school site within Area D when necessary. The Board of Education continues to be adamant that the school site should have access, utilities, topo`raphy and location to allow fora quality educational facility to be constructed. Additionally, the Board believes strongly that a site must be identified and agreed upon prior to approval of the PUD amendment. We look fonvard to working with you and Traer Creek LLC to identify and plan the future school sit,- in the Village at Avon development. We believe that in working together we can jointly locate and finalize a superior school site for the residents of the Avon area. Thank your for your time and consideration. Sincerely, Karen Strakbein Assistant Superintendent for Business Services Cc Larry Brooks, Town Manager Board of Education John Brendza, Superintendent Dan Leay, Traer-Creek, s r F f Exhibit B to ordinance No. 06-17 PROPERTY DESCRIPTION Mlctbe Jost ColirodO L.S. 301 fit 1 That part of Lot 1, Amended Final Plot, The Village (at Avon) Filing 1, according to the map thereof recorded in the 'cffice of the Eagle County, Colorado, Clerk and Recorder, described cs follows: Beginning at t^e southwest corner of said Lot 1;` thence clong the west property line of said Lot 1 N 78'56.47"E 998.74 feet to the south right-of-way line of interstate F:ichway No. 70; thence. along said right-of-way S53'54'37"E 233.30 feet; thence, 732.73 feet clong the arc of a non tangent curve to the left having a radius of 5950.00 feet, a central angle of 07'03'21", and a chord that bears 566'47'58"E 732.26 feet; thence, deporting said right-of-way S39'40'23"W 994.15 feet to the northerly right-of-woy of the Denver And Rio Grande Railroad; thence along said right-of-way N65'54'27"W 603.77 feet to the Point of Beginning, containing 17.00 acres, more or °55 0' 200' 400' 600' fysl 6Fq ^ c,o ~COFFT~/ NN-'6e LO s Jas o-07•o3.2t r J)• R-5950.00' E L-732.73' T.366.83' C LEN-732.26' `~O• 8RG-S 66'47'58' E . SCJARE sac ~ ~ t , a 1 I 1 r I y I m. I I 1 m I w QSQ~ I < I I m I I a I I f7 I _ m CHAPEL PLACE-_ gl_ 1 I 1 O UMUD" I rn / I mr/ I Z 1 PART OF LOT 1 17.00 ACM y i StiC ~/O 63 S' IIyTE.R~gTE y/CNwgr Np -110 'T. LOT 1 .0 FORMAL AMENDMENT NUMBER ONE TO THE VILLAGE (AT AVON) PUD GUIDE. DATED OCTOBER 13, 1998 . This FORMAL AMENDMENT NUMBER ONE TO THE VILLAGE (AT AVON) PUD GUIDE DATED OCTOBER 13, 1998 (this ``Formal Amendment No. 1"), is made as of this day of January, 2007, by and between TRAER CREEK LLC, a Colorado limited liability company ("Traer"), and the. TOWN OF AVON, a municipal corporation of the State of Colorado (the "Town"). RECITALS A. Pursuant to Ordinance No. , the Town previously approved The Village (at Avon) PUD Guide dated as of October 13, 1998, and recorded in the Eagle County, Colorado, real property records at Reception No. on November 25, 1998 [need to confirml (the "PUD Guide"). The PUD Guide pertains to and, together with the Village (at Avon) P.U.D. Development/Sketch Plan dated June 1988, as amended (as defined in the PUD Guide, the "PUD Master Plan"), constitutes the approved zoning for certain real property generally known as The Village (at Avon) and more particularly. described in Exhibit A attached to the PUD Guide (the "Property") B. When the PUD Guide was originally approved, the Property was.owned by EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company ("EMD"), PVRT NOTT I LLC, PVRT NOTT II LLC and PVRT NOTT III LLC (collectively, the "Original Parties"), each of which, collectively, constituted the "Owner" as that term was used in the PUD Guide. Subsequently, the other entities comprising the original "Owner" were merged into EMD, which then became the sole "Owner" as that term is used in the PUD Guide. C. EMD subsequently conveyed the Property, excluding Planning Area M. to Traer. Pursuant to Section H.l .(b) of the PUD Guide, EMD has specifically granted to Traer, in writing, the right to amend the PUD Guide as to all of the Property except Planning Area M, with respect to which EMD retains the right.to amend the PUD Guide. D. Pursuant to its application to the Town therefor, Traer has requested that the Town take action to approve this Formal Amendment No. 1, together with an amendment to the PUD Master Plan for the purpose of relocating Planning Area G, and the Town has approved this Formal Amendment No. I and the related amendment to the PUD Master Plan pursuant to Ordinance Nos. 06-16 and 06-17, respectively. Because the foregoing actions do not affect Planning Area M, EMD is not a party to this Formal Amendment No. 1. 696972.6 AGREEMENT NOW, THEREFORE, in consideration of the foregoing, the Town.has approved, and Traer hereby consents, to the referenced amendment to the PUD Master Plan and the following amendments to the PUD Guide: 1. Defined Terms. Unless otherwise defined in this Formal Amendment No. 1, capitalized terms used herein shall have the meanings ascribed to them in the PUD Guide. 2. Amendments. The PUD Guide is hereby modified as follows: Subsection (b) (Allowed Uses) of Section. 11 (Planning Areas N - Community Park and P1-P6 - Parkland) is amended and restated to read in its entirety as follows: (b) Allowed Uses: (i) Equestrian, pedestrian and bicycle trails. (ii) Landscape improvements. (iii) Indoor and outdoor recreation facilities. (iv) Lakes, ponds, reservoirs and irrigation ditches. (v) Parks, picnic facilities and temporary entertainment for special events. . (vi) Public or private roads and utilities including but not limited to utility improvements, lines and mains, facilities, services and buildings. (vii) Within Tract E, Final Plat, The Village At Avon Filing 3, and Tract F, Final Plat, The Village At Avon Filing 3 as amended, in accordance with- and and. subject to the terms and conditions of Ordinance No. 06-16, public uses,. including but not limited to public safety and emergency services facilities such as ambulance, fire protection and similar uses and services as determined by the Director of Community Development. 3. Effect of Amendment. Except as expressly modified by this Formal Amendment. No. 1, the PUD Guide 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 PUD Guide and the terms, of this Formal Amendment No. 1, the provisions of this Fonnal Amendment No. I shall govern and control. 4. Vesting of Property Rights. In accordance with the terms and conditions of Section H.L(c) of the PUD Guide: (i) this Formal Amendment. No. 1 and the associated modifications to the PUD Master Plan shall create vested property rights for the duration of the term set forth in Section 1.3 of the Annexation and Development Agreement; (ii) this Formal Amendment No. 1 and the associated modifications to the PUD Master Plan shall not divest, 696972.6 2 - - t limit or otherwise impair any vested property right originally created pursuant to Section A.1 of the PUD Guide; (iii) the Town shall cause publication of the notice described in Section 24-68-103(1); C.R.S., as amended; and (iv) 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. 5. Governing Law. This Formal Amendment No. I shall be governed by and construed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the Town and Traer have executed this Formal Amendment No. 1 as of the day and year first above set forth. THE TOWN: TOWN OF AVON, a municipal corporation of the State of Colorado Name: Ronald C. Wolfe Title: Mayor Approved as to legal form by: Name: John W. Dunn Title: Town Attorney STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2007, 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 696972.6 3 M OWNER: TRAER CREEK LLC, a Colorado limited liability company By: Name: Magnus Lindholm Title: Manager STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2007, by Magnus Lindholm as Manager of Traer Creek LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: 696972.6 Notary Public 4