TC Res. No. 1983-29RESOLUTION NO. 83-29
SERIES OF 1983,
RESOLUTION APPROVING WILDWOOD RESORT PRELIMINARY PLAT
WHEREAS, Wildridge Development Company has submitted a preliminary-plat
replatting Lots 5, 52A, 52B, Block 1, Benchmark Subdivision addition to the Town
of Avon, and
WHEREAS; the preliminary plat has been reviewed by the Town Engineer and
Planning Director and found to be generally in accord with the subdivision
ordinance of the Town of Avon and is recommnded for approval, and
NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Avon that
this preliminary plat is hereby approved.
APPROVED AND DATED
Avon, Colorado.
DAY OF July , 1983,
TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO
/7-4-
Sheila R. Davis, Mayor Pro Tem
ATTEST:
enny Bell, Deputy Town Clerk
26th
r
RESOLUTION NO. 83-29
SERIES OF 1983
RESOLUTION APPROVING WILDWOOD RESORT PRELIMINARY PLAT
WHEREAS, Wildridge Development Company has submitted
a preliminary plat replatting Lots 5, 52A, 52B, Block 1, Benchmark
Subdivision addition to the Town of Avon, and
WHEREAS, the preliminary plat has been reviewed by the
Town Engineer and Planning Director and found to be generally in
accord with the subdivision ordinance of the Town of Avon and is
recommended for approval, and
NOW THEREFORE, BE IT RESOLVED; by the Town Council of
the Town of Avon that this plat is hereby approved subject to the
following conditions:
1. That the final plat show a 20 foot drainage easement
across Lot 3, at the northern most culvert under Buck
Creek.
2. The driveway widths as shown are excessive. The maximum
width for a two-way driveway shall be 30 feet,.and for
a one-way driveway shall be 20 feet--,
3. The driveway locations as shown are approximate and
are subject to final approval by the Avon Town staff
once a site development plan has been submitted. It is
recommended that, if possible, the two southerly driveway
accesses shown on Buck Creek Road be combined into one
access. If any turn lanes are required by the Town
Engineer, it shall be the developers responsibility to
install them. The need for the turn lanes will be deter-
mined at the time of site plan approval.
4. Roadway and Drainage Plans are approved as preliminary
only. Detailed plans should be submitted prior to
construction approval.
5. There appears to be a discrepancy between the preliminary
drainage plans for this plat and the approved Swift Gulch
Road plans. Final drainage plans developed with the
request for site plan approval shall be consistent with
all other drainage plans.
6. The general intent of Note # 1 is already covered in the
general legal description in the plat title. This note
shall either be deleted on the final plat or modified to
state that "Lots resubdivided by this plat are 5...
7. The second and fifth sentences of Note # 2 shall be
deleted. These two sentences would place such severe
restrictions on the use of the road-way easement by the
Town so as to make it worthless. The Town should have the
same use rights within the easements as they have in any
road right-of-way dedications.
•
Resolution No. 83-29
Page Two
8. It shall be noted on the final plat that the land
use data shown in the two paragraphs on the upper right
hand corner of the preliminary plat are "For Informational
Purposes As Established by Ordinance No. 83-21".
APPROVED AND DATED DAY OF , 1983.
TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO
By
Sheila R. Davis, Mayor Pro-Tem
ATTEST:
Patricia J. Doyle, Town Clerk
Mr. R. Blodgett, Town-Manager
Town of Avon
Box 975
Avon, CO 81620
RE:_ Wildwood Resort Plat
Dear Mr.,Blodgett:
0
July 19, 1983
Please find enclosed copies for yourself and the Town Council of Avon
of the letter that summarizes the actions taken on the Wildwood Resort
preliminary plat process. I would like to request that they be properly
addressed to the parties concerned with the matter.
Your help in coordinating this matter is most-appreciated. Thank you.
Cordially Yours,
AJT/ds
A. J. Testa, Ph.D.
V.P., Engineering & Construction
Wildwood
A Section 36, Inc. Development
Box 329, Avon, Colorado 81620-Phone (303) 949-5743
HAND DELIVERED JULY 12, 1983
July 11, 1983
u Tc;°~ c; Avc~
Mr. Richard Kvach, Planning Director
Town of Avon, Colorado
P. 0. Box 975
Avon, Colorado 81620 QU C 12 1983
RE: Wildwood Resort Preliminary Plat
(Buck Creek Area)
Dear Dick:
On Friday afternoon, July 8, 1983 we had to pick up a copy of your staff report
to the Town Council dated July 1, 1983 which was never made available to us until
last Friday, and only after we requested it. There are numerous conditions in
your letter which we thought had been resolved or certainly could have been
resolved by now if your letter of July 1, 1983 was in fact completed and made
available to us on that date. Your report and corresponding resolution would
tend to indicate that there are eight items which have not been worked out in
advance by the applicant's representatives and Town staff when there is
essentially one item (number 7) which must be resolved by the Town Council.
At this late stage we find it necessary to be placed on the workshop agenda for
July 12, 1983 to explain to the Council that seven out of the eight items have
either been resolved or have no place in a Subdivision Resolution. I believe Al
Testa has requested this over the telephone and I understand that you will make
the proper arrangements with Dick Blodget to have at least one hour of the
Council's time to present our solutions to items 1 through 6 and 8 and our
objections to your requests in item 7. These are as follows:
Item 1. This is not a problem and will be included on a revised
preliminary plat as was indicated to you in previous discussions.
This should not be of concern to the Town Council.
Item 2. Again, this was discussed sometime ago and is not a problem.
Attached is the proposed plat note verbage that will be placed as
Note 5 on the preliminary plat revision which, by the way, could
have been completed in time for you to change the Resolution if
your written report had been made available to us on the date you
indicate that it was signed. This condition likewise should not be
of concern to the Town Council.
P.O. Box 954, Avon, Colorado 81620 (303) 949-5743
•
•
Page 2
Mr. Richard Kvach
Item 3. The first sentence is addressed
covers Item 2. above. However,
exact location of the driveways
site development approval stage
Planning and Zoning Commission
recommended.
in the same attached note which
it should be recognized that the
should be determined at the final
and would be approved by the
and not by Town staff as you have
The second sentence should not appear as a condition of the
Resolution because it is merely a recommendation from staff.
The third sentence is not a subdivision matter and has no place in
your report or as a condition of the Resolution. This was handled
as a zoning matter and, if you recall, it was decided by the Town
Council to be a Town responsibility at the time they agreed to
remove a similar condition from the first reading of the zoning
ordinance for this property which became Ordinance 83-21, Series of
1983. Enclosed is a copy of pages 2 and 3 of the minutes of the
regular meeting. Also attached are copies of pages 3 and 4 of the
minutes of the April 12, 1983 regular meeting where the Council
discussed the Savoy Square project and made its feelings clear
about the Town being responsible for any street widening or turn
lanes that may be necessary, not the developer.
In summary, item 3 should be eliminated in its entirety as a
condition of the Resolution.
Item 4. This is already required by Town ordinance and does not need to be
specifically called out in a Resolution.
Item 5. This has been discussed by Al Testa and Norm Wood and was to have
been eliminated from your report and as a condition of the
Resolution. It does not make sense to modify the drainage plans
until the final site development plan stage. What is important at
this time is that an easement has been platted which will
accommodate the Buck Creek drainage after the site has been
developed. Said easement has been provided for on this plat.
Item 6. As previously discussed with Town staff, this should be eliminated
as a condition. The reason this note is included on the plat was
because Vail-Eagle Title Company (Linda Podojil) requested this as
a way to keep the title trail straight when we were addressing the
Town staff's recommendation that this plat be given its own "unique
subdivision name." The note is to make it clear that the previous
lot designations are eliminated and no longer exist as to this.
resubdivided land.
Item 7. This is the only item that we have not been able to resolve with
the staff and it will need to be decided by Council. We believe
that this note describes in detail the easement that was agreed to
by Council and the applicant in Resolution 83-19 Series of 1983
Page 3
Mr. Richard Kvach
which approved the Sketch Plan. I hate to have to take more of the
Council's time to remind you that Norm Wood stated for the record
that 3 feet was what the Town really needed for widening of the
road to accommodate a 4 lane road with 12 foot wide lanes and curbs
and gutters. The additional 7 foot portion of the 10 foot easement
was for slope maintenance and snow storage. The language in
sentence 2 of Note 2 makes this very clear. As to the 5th sentence
of Note 2, this also explains what the Town is required to do in
order to have the privilege of the permanent 10 foot easement and
the temporary 5 foot construction easement. I'm sure the Town
would call for this language if it were granting an easement to a
developer or a utility company.
Item 8. As agreed to previously, this is not a problem and should have been
so stated in your report. As mentioned earlier in this letter,
this item could have already been corrected if we had received a
timely written report from you stating your request. Attached is a
copy of the Land Use and Land Use Summary section of the plat which
incorporates your request and further clarifies the zoning by
reference to Ordinance 83-21. This verbage will be placed on the
original of the plat.
Resolution
83-29. Attached is a redraft of the Resolution that we would like approved
by the Council at the July 12, 1983 regular meeting which takes
into account all the above comments. We will be presenting this to
the Council at the afternoon workshop along with our explanations.
We would hope this matter can be resolved prior to the evening
meeting.
In summary, we would again request that you grant us the mutual courtesy of
providing written staff comments to us in a timely fashion so that unnecessary
time is not spent on letters like this and in Town Council meetings. We
submitted a very complete written application to you over 30 days ago with the
understanding that any problems could be worked out in advance of the July 12,
1983 Council meeting. If your report dated July 1, 1983 had been made available
to us at that time, tomorrow's meeting could very easily be just a formality with
the Resolution dealing simply with true conditions and unresolved matters. We
hope this can be the case in the future.
Sincerely,
WILDRIDGE DEJ LOPMENT COMPANY
BY: 7
Larry D. ad
Executive Vice President
LDG:lr
cc: Town Manager
Town Council Members
Town Attorney
Town Engineer
0
NOTES
NOTE 1 -'LOTS DELETED BY THIS RESUBDIVISION ARE 5, 52A AND 52B, BLOCK 1, BENCHMARK AT BEAVER
CREEK SUBDIVISION.
NOTE 2 - THIS PERMANENT 10 FOOT EASEMENT IS FOR USE BY THE TOWN FOR THE PURPOSES OF WIDENING
AND MAINTAINING NOTTINGHAM ROAD. IMPERVIOUS MATERIALS, i.e. ASPHALT, CONCRETE,
ETC., SHALL ONLY BE ALLOWED TO BE PLACED 3 FEET WITHIN SAID 10 FOOT EASEMENT FROM
THE NOTTINGHAM ROAD RIGHT-OF-WAY BOUNDARY LINE'. THE-TEMPORARY 5 FOOT EASEMENT AS
INDICATED ON THE PLAT.SHALL TERMINATE UPON COMPLETION OF THE WIDENING OF NOTTINGHAM
ROAD. SETBACKS AND AREA REQUIREMENTS SHALL BE ESTABLISHED FROM THE EXISTING
PROPERTY LINE;, SAID EASEMENTS SHALL NOT AFFECT AREA AND/OR SETBACK CALCULATIONS.
THE TOWN AND/OR ITS APPOINTED AGENTS SHALL BE REQUIRED UPON ANY AND ALL USE OF SAID
EASEMENTS TO PROMPTLY RESTORE THE SURFACE OF THE GROUND TO ITS FORMER CONDITION AND
SHALL -PROMPTLY REPLACE ANY AND/OR ALL DITCH,- DRAINAGE AND UTILITY DISTRIBUTION-
FACILITIES, TREES, BRUSH, VEGETATION, CONCRETE WORK, PAVING OR OTHER SURFACE
STRUCTURES REMOVED OR DAMAGED BY SAID TOWN AND/OR ITS AGENT.
NOTE- 3 - THE BUCK CREEK DRAINAGE EASEMENT REFLECTS BOTH THE EXISTING BUCK CREEK DRAINAGE
EASEMENT FOR THE CREEK AS IT FLOWS AT THE TIME THIS PLAT IS RECORDED AND DRAINAGE
EASEMENTS FOR A POSSIBLE RE-ROUTING OF THE WATERS. IT IS THE INTENT OF THIS PLAT
TO PROVIDE THE FLEXIBILITY TO THE PROPERTY OWNERS TO CHANGE ANY PORTION OF THE
DESCRIBED BUCK CREEK DRAINAGE EASEMENT UPON APPROVAL OF A SITE PLAN BY THE TOWN OF
AVON AND UPON APPROVAL OF THE CHANGE BY AVON METROPOLITAN DISTRICT.
,NOTE 4 - BEARINGS ARE BASED ON THE OFFICIAL PLAT TOWN 'OF AVON, EAGLE COUNTY, COLORADO AND
FINAL SUBDIVISION PLAT - AMENDMENT NO. 4, BENCHMARK AT BEAVER CREEK, EAGLE -COUNTY,
COLORADO.
NOTE 5 - DRIVEWAY ACCESS WIDTHS _OF 20 FEET, FOR ONE-WAY; AND 30 .FEET, FOR TWO-WAY TRAFFIC,
SHALL BE ALLOWED ALONG THE R.O.W./LOT BOUNDARY LINES INDICATED IN THIS PLAT.
ULTIMATE LOCATION OF SUCH ACCESSES, AND 'APPROPRIATE TURN RADIUSES TO ACCOMMODATE
TRUCKS AND BUSES, MUST BE APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE
TOWN OF AVON AT THE FINAL SITE PLAN STAGE OF, ANY DEVELOPMENT.
First reading of Ordinance No.#83-19, Series of 1983, AN ORDINANCE GRANTING A FRANCHISE
BY THE TOWN OF AVON, COLORADO TO ROCKY MOUNTAIN NATURAL. GAS COMPANY, INC., ITS SUCCESSORS
AND ASSIGNS, TO LOCATE, BUILD, CONSTRUCT, ACQULRE, PURCHASE, EXTEND, MAINTAIN AND
OPERATE INTO, WITHIN AND THROUGH THE TOWN OF AVON, EAGLE COUNTY, COLORADO, A PLANT OR
LANTS, AND WORKS FOR THE PURCHASE OF GAS, EITHER NATURAL, ARTIFICIAL, OR MIXED, AND TO
URNISH, SELL AND DISTRIBUTE SAID GAS TO THE TOWN OF AVON, AND THE INHABITANTS HEREOF, FOR
HEATING, COOKING, OR OTHER PURPOSES BY MEANS OF PIPES, MAINS, OR OTHERWISE, OVER, UNDER,
ALONG, ACROSS AND THROUGH ANY AND ALL STREETS, ALLEYS, VIADUCTS, BRIDGES, ROADS, LANES AND
OTHER PUBLIC WAYS AND PLACES IN SAID TOWN OF AVON AND FIXING THE TERMS AND CONDITIONS THEREOF.
Al Connell moved approval of Ordinance No.#83-19, Series of 1983 on first reading.
The motion was seconded by Sheila Davis.
The Mayor called for discussion.
Paul Swift, attorney, stated that on page 2, before section 2, the second line, change
"well" to "dwelling." He stated other than that the document contains all the corrected
language that was,previously discussed (see the minutes of April 12, 1983). After
discussion Al Connell moved to amend the motion to include the change. The amended motion
was seconded by A.J. Wells.
There being no further discussion the Mayor called for a roll call. Those Councilmembers
voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and
Don Buick. There were no nay votes. The motion was unanimously" carried.
First reading of Ordinance No.#83-20, Series of 1983, AN ORDINANCE GRANTING A FRANCHISE
BY THE TOWN OF AVON, COLORADO, TO PUBLIC SERVICE COMPANY OF COLORADO, ITS SUCCESSORS AND
r~r~~. ,SSIGNS, TO LOCATE, BUILD, CONSTRUCT, ACQUIRE, PURCHASE, EXTEND, MAINTAIN AND OPERATE INTO,
'fir=AITHIN AND THROUGH THE TOWN OF AVON, EAGLE COUNTY, COLORADO, A PLANT OR PLANTS, AND WORKS
FOR THE PURCHASE OF GAS, EITHER NATURAL, A11,TIFICIAL, OR MIXED, AND TO FURNISH, SELL AND
DISTRIBUTE SAID GAS TO THE TOWN OF AVON AND THE INIIABTTANTS THEREOF, FOR HEATING,COOKING,
OR OTHER PURPOSES BY MEANS OF PIPES, MAINS, OR O'11ERWISE, OVER, UNDER, ALONG, ACROSS, AND
THROUGH ANY AND ALL STREE'T'S, ALLEYS, VIADUCTS, BRIDGES, ROADS, LANES AND OTHER PUBLIC WAYS
AND PLACES IN SAID TOWN OF AVON AND FIXING '1111'. TERMS AND CONDITIONS THEREOF.
Sheila Davis moved approval. of Ordinance 1`Io.;F83-2-0, Series of 1983 on first reading.
The motion was seconded by Al Connell.
The Mayor called for discussion.
At that point Gary Hall, representative of Public Service, presented the Council with a
revised copy of the ordinance.
Paul Swift stated he had reviewed the document to determine whether it was consistant with
the Model Franchise Agreement. lie state(] Hi:it the proposed ordinance does contain all the
language that was discussed in the Model. Tlic only difference between the Rocky Mountain
Gas document and the Public Service document .is contained on page 10, section I, Article V,
Public Service proposes to pay the franchise fee on a monthly basis on or before the 30th
of each month whereas Rocky Mountain Gas Compan.\•'s ordinance provides for estimated
payments and then adjustments.
After discussion Sheila Davis amended her motion to adopt the corrected Ordinance No.#83-20
submitted by Public Service. The amended motion was seconded by Al Connell. The Mayor
osed the discussion. Those Councilmembers voting; aye were: Larry Kumpost, Sheila Davis,
(kreg Gage, A.J. Wells, Al Connell and Don Buick. 'T'here were no nay votes. The motion
was unanimously carried.
/)y A/ v re s o~' y - 2 6 - b 3 /Pe9~
First reading of Ordinance N.#83-21, Serios of 1983, AN ORDINANCE PROVIDING FOR THE
AMENDMENT OF THE ZONING CODE OF THE TOWN OI' AVON I3Y THE AMENDMENT OF THE ORDINANCE
ESTABLISHING SPECIALLY PLANNED AREAS IN '1'111: BUCK CREEK AND SWIFT GULCH AREAS OF THE TOWN
OF AVON.
Be it noted that Mayor Allan Nottingham and A.J. Wells stepped down because of conflict
of interest.
Mayor Pro-Tem, Sheila Davis then proceeded with the meeting.
The Mayor Pro-Tem called for discussion.
Larry Goad representing Wildridge Devel)pment Company approached the Council. He requested
that Council consider discussing not only the ordinance at this time, but also the three
items under new business of the agenda, these items being, 1) Swift Gulch SPA Zone District
Plat Amendment, waiver of notice requirement of 15 days to 13 days; 2) Swift Gulch Road,
Variance for curves and grades; 3) Slte:ch Plan for Buck Creek Lots #5, 52A, 52B, Block #I,
Benchmark at Beaver Creek Subdivision. The Council agreed.
Don Buick moved approval of the waiver notice requirement of 15 days to allow 13 days notice
f public hearing before the Design R,view Board at the April 28, 1983 meeting. The motion
as seconded by Al Connell. The motian was carried with Allan Nottingham and A.J. Wells
abstaining.
Mr. Goad then discussed the sketch flan for the rep],-it of Lots #5, 52A, 52B, Block X11, BBC.
The replat includes moving Buck Creep Road back to its original location and realigning
Swift Gulch Road so that it interse:ts Nottingham Road rather than Buck Creek Road. Mr.
Goad discussed the variance for street grades and curve radius for Swift Gulch Road. He was
requesting a variance to allow a ce.qterline curve radius of a minimum of 110 feet and a
maximum grade of 8% within approxirately the first 600 feet of Swift Gulch Road measured from
- 2 -
I
~ • •
• Nottingham Road. Mayor Pro-Tem sng}vested LlioL Council move approval of Resolution No.4183-19,
Series of 1983. Greg Cage moved Lo adopt Resolution No.4183-19, Series of 1983. The
motion was seconded by Larry Kumpost.
The Mayor Pro-Tem called for discussion.
George Rosenberg representing Wildridge Development Company, stated he had concern with
Items'413,4,5. Item #3 reg::rding a dedication of right-of-way, felt it could be resolved if
it were changed to read, "easement." Item #4, Mr. Rosenberg had concern of the wording "that
all future plats must comply with the subdivision regulations in effect at the time the
plat is submitted." Mr. Kvach stated he would have no problem with adding the wordage to 414
so that it reads, "all future plats submitted one year from the date of the adoption of this
ordinance." Mr. Rosenberg agreed. Item #5, Mr. Rosenberg felt that that was for description
purposes as a demarcation line in connection with zoning. lie stated he'felt it had nothing
to do with subdivision and felt that item #5 was not necessary.
'Mr. Goad stated that if that was a recommendation and not a requirement, he had no problem
with it. Mr. Kvach confirmed that it was only a recommendation. After discussion of the
different changes in the Resolution, Larry Kumpost moved to amend Resolution No.4183-19' that
in paragraph 413 strike "in right-of:-way", and replace it with "easement for road purposes",
strike the word "this" and add, "The temporary 5 foot easement", add a new sentence at the
end of 413 which will read, "All setbacks and area calculations shall be calculated from the
existing property line, said easement shall not :affect area or setback calculation." In
paragraph 414 that sentence should read, "That all future plats submitted after one year
from the date of adoption of this Resolution shall comply with the subdivision regulations
in effect at that time," that the Resolution be signed by the Mayor Pro-Tem. The amended
motion was seconded by Greg Gage. The motion was carried with Allan Nottingham and A.J. Well
abstaining.
The Mayor Pro-Tem called for a vote for tlae main motion.
The motion was carried with Allan Nottingham and A.J. Wells abstaining.
®r- The Mayor Pro-Tem called for a motion to approve Resolution No.4183-18, Series of 1983,
~ regarding the curves and
grades of Swift Gulch Road. Mr. Goad stated that they had requested
a variance to allow a grade up to 8%. Stall recommended increasing up to a maximum of 7,.25%,
however, also recommended that they try to keep the grades under 7%. Mr. Goad agreed with
this. It was requested that this Resolution be signed by the Mayor Pro-Tem.
Don Buick moved approval of Resolution No.4183-18, Series of 1983 having the Resolution
signed by the Mayor Pro-Tem. The motion was seconded by Al Connell. The motion was carried
with Allan Nottingham and A.J. Wells abstaining.
The Council then referred back to Ordinance No.#83-21. \
Mr. Goad stated that there were a few changes to the ordinance. On page 1, paragraph 1,
change "Colorado Corporation", to "Colorado Partnership", page 2, section 1, it was
requested to include as an allowable use, commercial as it relates to the residential and
possible hotel/lodge units, in-section 2, lie was requesting clarification under item B,
to,add after the words, "assessory uses", "commerical uses as allowed in the Neighborhood
Commerical (NC) Zone District, to include but not limited to", page 3, the top paragraph
after the first sentence add, "that provided however, of the present Lot 4152A legal
description'is eliminated as a result of subsequent replating, in the said event, the
underline real property shall be deemed to have the same zoning as the property to which it
(52A) has been platted as of part of Mr. Goad requested that the last two sentences
of that paragraph be deleted. Those sentences read, "Also, provided, the developer of any
parcel requesting access off Buck Creek Road on Nottingham Road shall be responsible
for the construction and costs of installation of left turn lanes and/or deceleration lanes
as required by the Town Engineer. Such facilities shall be constructed to standard town
specifications". He requested that the ordinance be signed by the Mayor Pro-Tem. There
being no further discussion the Mayor Pro-Tem called for a motion. Greg Gage moved
approval of Ordinance No.4183-21, Series of 1983 on first reading as to be amended. The
motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost,
Greg Gage, Al Connell and Don Buick. There were no nay votes. Allan Nottingham and
A.J. Wells abstained. The motion carried.
Mayor Nottingham resumed his seat as Mayor and A. J. Wells resumed is seat as Councilman.
First reading of'Ordinance No.4183-22, Series of 1983, AN ORDINANCE AMENDING ORDINANCE
NO. 4179-16, SERIES OF 1979 TO PROVIDE A NEW RATE SCHEDULE FOR ROCKY MOUNTAIN CABLE TV, INC.
Be it noted that Sheila Davis stepped down because of conflict of interest.
Jerry Davis, General Manager of Rocky Mountain Cable TV, Inc., approached the Council. He
stated that Darrell Davis was also present. Mr. Davis is the Head Technician and also
a principle person at Rocky Mountain Cable. Mr. Davis presented the Council with a check in
amount of $3,603.80, for the 1982 franchise fee. The amount was based on'2% franchise fee.
Mr. Davis then proceeded. He was requesting a proposed rate increase of!$2.00 for basic
from $11.00 to $13.00. This represents an 11% increase for basic TV services or $1.25 and
7% for the FM or $.75. Thpse percentages are based on a period of 20 months.
- 3 -
Councilman Buick asked Mr. Cole where Sunroad Group, Ltd., stood on the entire project.
Mr. Cole stated that they are in the process of preparing a presentation to the Council
stating that it is their intention to study and evaluate the impacts that would be made
upon the Town of Avon in the event they construct a hotel-convention center facility. He
stated the transportation and recreation, etc., would be addressed.
Councilman Buick stated that he was concerned by Sunroad using'the Council as a pawn to deal
with the private purchasers on this matter.
Be it noted that A.J. Wells stepped down.
Mr. Cole discussed this concern of letters between the private purchasers and Sunroad
,Group, Ltd., at length.
Mr. Wells then returned to the podium. He asked Mr. Cole to explain the V4Z of transfer tax
that they were discussing earlier.
Mr. Cole stated that it was agreed that every time-share unit that was sold, a payment would
be made to the Town of Avon in the amount of 1k%. 1% was designated as transfer tax and
and the It% was designated as a transportation or recreational payment. In addition to the
1;4%, there is to be a recreational fee of $6.34 a week. He stated the recreational fee
would be collected from the purchaser as a part of the maintenance fee. The purchaser was
billed for the maintenance fee on an annual basis. Mr. Cole stated that the purchaser would
be billed within 60 days following the closing of their purchase of the unit. He stated
because the maintenance fees are paid on an annual basis, but broken down by the month in
which units werelpurchased, the management company would be receiving these fees on a
monthly basis and then the town would be receiving their recreational fees also on a
monthly basis. After additional discussion the Mayor thanked Mr. Cole for his presentation. 1Steve Erickson approached the Council. He felt the town should put some type of hold on
the density transfers so that the town could make the best use from their consultants and
planner dealing with the Master Plan that was now in the working stages.
Paul Swift, Attorney for Public Utilities Commission, approached the Council. He stated that
there has been several drafts of the Model Franchise Agreement which have been distributed
to Public Service Company and Rocky Mountain Gas Company. As a result of the distribution,
he stated he had discussed the corrections with Mr. Blodgett and the attorneys for both
utilities. Mr. Swift stated that it was indicated to him that Mr. Blodgett and the
attorneys for the utilities found the corrections to be acceptable. The status was now
that the matter is to be brought forward by both utilities. Mr. Swift then discussed the
corrections. In'the Model Franchise Agreement, page 6 section i, at the end of the second
line should read, "In accordance with its service extension policies on file in effect with
the commission,"on page 8 section 5, in the second paragraph, everything after the first
sentence should be deleted, so the second paragraph should read,"The company, in the
construction and maintenance of all its gas works and facilities, will install, operate
and maintain all such facilities to comply with applicable laws and regulations of local,
state and federal governments," on page 9, section 8, the title of the paragraph should
read, "Contracts Availability," the wording would be changed to indicate, "that they would
file contracts of natural gas to provide utility service under this agreement," also add at
the end of the second paragraph, "to the extent permissible under said contracts and current
financial obligations of the company applicable to those contracts," page 10, Article VI,
in the first line after the word "after" add "five (5) years from."
Mr. Cawelti, the attorney for Public Service, suggested that the Council review the Model
Franchise Agreement with the new changes and place the ordinances for Public Service and
Rocky Mountain Gas Company on the next regular Council meeting.
Lester Sitter, attorney for Rocky Mountain Gas Company, stated he came before the Council
expecting a first reading on the ordinances.
After discussion Larry Kumpost moved to accept the language as modified in the Model
Franchise Agreement and to have first reading on two non-exclusive ordinances, to possibly
foster competition, at the next regular meeting. The motion was seconded by A.J. Wells.
After further discussion Larry Kumpost moved to include in his motion to have an opinion from
Mr. Swift as to whether or not the two ordinances that the utility companies prepared were
in accordance with the Model Franchise Agreement. The motion was seconded by A.J. Wells.
Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J: Wells,
Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried.'
~~NvT-~s vF y-/a- $3 ,P~~vL~-,~ eo vNG~C /jleeT.~
Savoy Square, Lots 4173/74, Block 412, Benchmark Subdivision.
Mr. Kvach stated that this was a continuation of the hearing of the last Council Meeting.
There were five conditions discussed regarding the approval of the plat. The Council was in
accordance with the first four, but had concern with the fifth condition which was, prior to
approval of the final plat the developer shall submit to the Town Council'a statement
agreeing to'be assessed for the cost of any street widening taking place immediately
adjacent to~their property.
Mr. Kvach stated that there was a letter sent to the developer- indicating the five conditions
The developer had been given a figure for the approximate cost for the road improvements.,
- 3 -
Bill Pierce, representing the developer, stated-that the figure quoted was between
$30,000-$35,000 for the road improvements.
The owner of the property was not willing to agree to do that at this time. Some of the
Councilmembers felt that the road improvements should be the responsibility of the town.
Norm Wood presented to the Council a study of the estimated road impact figures. He
stated that the estimated impact at the east end of Beaver Creek Boulevard was about
1500 and at the west end was about 2500 vehicles per day.
A lengthy discussion followed.
Greg gage moved to approve Resolution No.4683-13, Series of 1983. The motion was seconded ~
by Larry Kumpost. Discussion followed.
Greg Gage moved to amend Resolution No. 4683-13, Series of 1983 to delete condition item 465.
The motion was seconded by Al Connell. Further discussion followed.
The Mayor called for a final motion. Greg Gage moved to approve Resolution No.#83-13, Ser es
of 1983 as amended. The motion was seconded by Al Connell. Those Councilmembers voting
aye were: Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. Those V
Councilmembers voting nay were: Larry Kumpost. -The motion carried by a 5 to 1 vote-.
The Mayor suggested that this be placed on the next work session for further discussion.
Skyview Condominiums, Lot 465, Block 461, Wildridge Subdivision. This was a preliminary Plat
Hearing.
Mr. Kvach stated that the staff had reviewed all the documents and recommended that the
plat be approved.
Sheila Davis moved approval of Skyview Condominiums, Lot 465, Block 461, Wildridge Subdivision.
The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost,
Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes.
The motion was unanimously carried.
The Town Center Mall was discussed. Don Buick moved to instruct Larry Kumpost and Norm Wood
to meet with Dean Harper to get the issue of the work on the Mall, Phase II and the
overpayment to-Denton, Harper, Marshall resolved. The motion was seconded by A.J. Wells.
Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells,
Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried.,
A.J.'Wells moved to direct Council to get an opinion from Bond Counsel that the Council
could designate :all the monies spent to date and the monies that will be spent this summer,
as being bond money, and that the town funds would be spent in the future to interface
with the project on the mall. The motion was seconded by Don Buick. Those Councilmembers
voting aye were Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and
Don Buick. There were no nay votes. The motion was unanimously carried.
Lodge at Avon, Lots 4657,58,59 and 60, Block 462, Benchmark Subdivision: "This was a
preliminary plat approval. Mr. Kvach stated that the staff had reviewed the plat and
generally meets the requirements of the town subdivision regulations. The purpose of the
plat was to replat 4 lots into one lot and eliminate the numerous easements and lot lines
in order to aid future development of the land as one project. He stated he would
recommend approval subject to the six conditions. (See Resolution No.4683-16, Series of 1983)
It was suggested that in item 461, that "state and local" be changed to "town" so that
it reads, "That all town subdivision regulations be complied with."
After discussion Don Buick moved approval of Resolution No.4683-16, Series of 1983 with
the change. The motion was seconded by Al Connell. Those Councilmembers voting aye were:
Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were
no nay votes. The motion was unanimously carried.
Bill Pierce stated that the owners of the property are going to grant the town the
easement that the town has requested along Benchmark Road for eventually straightening
out the road.
The Town Attorney presented the Council with a copy of the final draft agreement between
the town and Beaver Creek Resort Company for the provision of bus service. He then reviewed
agreement with the Council.
The Compensation for Services were discussed at length.
After discussion Don Buick moved approval of the agreement between the Town of Avon and
Beaver Creek Resort Company. The motion was seconded by Al Connell. The Mayor called or
discussion.
Larry Kumpost moved to modify paragraph 5 (D) by striking (b) and (c), so that the last
sentence reads, "Amounts due under this paragraph (D) shall be charged at the rate of 15% of
the sum of the expenses listed in (a) above." The motion was seconded by Sheila Davis.
Those Councilmembers voting aye,were: Larry Kumpost, Sheila Davis, A.J. Wells, Al Connell,
and Don Buick. Those Councilmembers voting nay were: Greg Gage. The motion carried'by a
! vote of 5 to 1.
- 4 -
LAND USE
(FOR INFORMATION PURPOSES PURSUANT TO ORDINANCE 83-21, SERIES OF 1983.)
LOT 1-HOTEL, MOTEL, AND/OR LODGE (ACCOMMODATION), 200 UNITS, TOGETHER WITH ACCESSORY USES
AND RELATED COMMERCIAL USES AS ALLOWED IN THE NC (NEIGHBORHOOD COMMERCIAL) ZONE
DISTRICT.
LOT 2-PRIVATE PARK AND RECREATION AND RELATED COMMERCIAL USES INCLUDING CLUBHOUSE BUILDING
FOR INDOOR AND OUTDOOR SPORTS ACTIVITIES AND CUSTOMARY SUPPORT FACILITIES: SWIMMING
POOLS, TENNIS COURTS, ARCHERY RANGE, RESTAURANT/ LOUNGE, PRO SHOP AND OTHER SIMILAR
ACTIVITIES OR SERVICES.
LOT 3-RESIDENTIAL MULTI-FAMILY DWELLING, 50 UNITS, TOGETHER WITH ACCESSORY USES.
LOT 4-OPEN SPACE, LANDSCAPING AND SIGNAGE.
TRACT A-SNOW STORAGE, LANDSCAPING, DRAINAGE, SIGNAGE AND OPEN SPACE.
TRACT B-SNOW STORAGE, LANDSCAPING, PARKING, DRAINAGE, SIGNAGE AND OPEN SPACE.
LAND USE SUMMARY
(FOR INFORMATION PURPOSES PURSUANT TO ORDINANCE 83-21, SERIES OF 1983.)
HOTEL, MOTEL, AND/OR LODGE AND RELATED
COMMERCIAL
PRIVATE PARK & RECREATION AND RELATED
COMMERCIAL
RESIDENTIAL MULTI-FAMILY DWELLING
UNITS AND ACCESSORY USES
OPEN SPACE, LANDSCAPING AND
SIGNAGE
SNOW STORAGE, LANDSCAPING, PARKING, DRAINAGE,
SIGNAGE AND OPEN SPACE
R. 0. W.
1
LOT
200 UNITS 3.96
ACRES
1
LOT
6.45
ACRES
1
LOT
50 UNITS 5.30
ACRES
1
LOT
0.09
ACRES
2 TRACTS
4 LOTS 2 TRACTS 250 UNITS
0.50 ACRES
6.65 ACRES
22.95 AMER
RESOLUTION NO. 83-29
SERIES OF 1983
RESOLUTION APPROVING WILDWOOD RESORT PRELIMINARY PLAT
WHEREAS, Wildridge Development Company has submitted a preliminary plat
replatting Lots 5, 52A, 52B, Block 1, Benchmark Subdivision addition to the Town
of Avon, and
WHEREAS, the preliminary plat has been reviewed by the Town Engineer and
Planning Director and found to be generally in accord with the subdivision
ordinance of the Town of Avon and is recommnded for approval;
NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Avon that
this plat is hereby approved subject to the following conditions:
That a corrected preliminary plat be submitted to the Town Staff by the
Applicant showing the following:
A. A 20 foot drainage easement across Lot 3, at the outlet of the northern
most culvert under Buck Creek Road.
B. A note stating that actual driveway widths shall not exceed 20 feet
for a one-way driveway and 30 feet for a two-way driveway and shall
be located along the right-of-way/lot boundary lines "indicated on the
plat. Actual location and appropriate turn radiuses to accomodate
trucks and buses shall be approved at the final site plan development
stage by the Planning and Zoning Commission of the Town Council.
C. That verbage be added to the Land Use and Land Use Summary section
stating that the zoning indicated is for information purposes and is
pursuant to Ordinance 83-21, Series of 1983.
APPROVED AND DATED DAY OF , 1983,
Avon, Colorado.
TOWN COUNCIL OF, THE
TOWN OF AVON, COLORADO
By
Sheila.R. Davis,'Mayor Pro Tem
ATTEST:
Patricia J. Doyle, Town Clerk