TC Res. No. 1988-19TOWN OF AVON
RESOLUTION NO. 88-19
SERIES OF 1988
A RESOLUTION APPROVING
EAGLEWOOD SUBDIVISION,
E 1/2 NW 1/4 AND S 1/2
TOWNSHIP 5 SOUTH RANGE
PRINCIPAL MERIDIAN, TO'
COUNTY COLORADO
A FINAL PLAT FOR
LOCATED IN THE
NE 1/4 SECTION 11
82 WEST OF THE 6TH
NN OF AVON, EAGLE
WHEREAS, the Avon Ranch Company, a Colorado General
Partnership, owners of the parcel of land located in the
E 1/2 NW 1/4 and S 1/2 NE 1/4 Section 11 Township 5 South
Range 82 West of the 6th Principal Meridian, Town of Avon,
Eagle County, Colorado and commonly referred to as the
Eaglewood Subdivision, have submitted a Final Plat for
subdivision of the property; and
WHEREAS, the Town Council of the Town of Avon has
held a public hearing on the proposed Preliminary Plan of
Eaglewood Subdivision, at which the applicant and public were
provided opportunity to be heard; and
WHEREAS, the Final Plat has been determined to be
in general conformance with the subdivision regulations of
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the Town of Avon, and the approved Preliminary Plan for
Eaglewood Subdivision.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council
of the Town of Avon that the Final Plat for Eaglewood
Subdivision, located in the E 1/2 NW 1/4 and S 1/2 NE 1/4
Section 11 Township 5 South Range 82 West of the 6th
Principal Meridian, Town of Avon, Eagle County, Colorado,
is hereby approved.
ADOPTED AND PASSED, THIS 27th DAY OF September 1988
TOWN OF AVON, COLORADO
ES
Patricia J. I
<~D& Cc-~
Allan R. Nottingh , Mayor
yle, Taw Clerk
M E M O
TO: Bill James
FROM: Lynn Fritzlen
DATE: September 22, 1988
RE: Eaglewood Subdivision-Meyers Ranch Annexation
David and Tim Garton, on behalf of Avon Ranch Company, a
Colorado General Partnership, are requesting approval on
Final Plat for a parcel known as Eaglewood Subdivision. This
parcel was approved for preliminary plan on February 10,
1987, by Resolution No. 87-5.
The parcel being subdivided is bounded by Sunridge II on the
east, Arrowhead on the west, Highway 6 on the south and the
Rio Grande railroad on the north. Parcel 2 was zoned RHDC.
residential' high density and commercial by Ordinance No.
81-29, approved September 22, 1981.
Resolution 87-5 approving Preliminary Plan conditioned
acceptance of the Final Plat by the following:
The Final Plat include a properly signed
statement indicating the irrigation ditch
owner approves the irrigation ditch easement
as shown on the plat.
2. The Final Plat include a provision for the
dedication or conveyance of Tract W to the
Town of Avon.
The first condition came about as a result of the
subdivider's desire to move the ditch in order to accomodate
development. In that the final plat does not show a
relocated ditch and leaves it in place, there is no need for
the ditch owner's approval.
The second condition is addressed by a note on the plat,
itself:
07. Title of Tract W to be conveyed to the Town
of Avon no later than April 1, 1997."
Staff has requested that "at no cost to the Town of Avon" be
added to Note 07.
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Memo
To: Bill James
From: Lynn Fritzlen
Re: Eaglewood Subdivision
Page 2
At t-he time Qf this report the application is complete, with
the exception of the following:
- Signed reproducibles of the Final Plat
- Inclusion of Staff recommended addition to
Note #7.
The applicant has indicated that these will be submitted
shortly.
RECOMMENDED ACT-ION
Adopt Resolution No. 88-19, a Resolution approving Final Plat
for Eaglewood Subdivision.
TO: BILL JAMES
FROM: NORM WOOD
RE: EAGLEWOOD SUBDIVISION - SKETCH PLAN
RESOLUTION NO. 87-1
EAGLEWOOD SUBDIVISION - PRELIMINARY PLAN
RESOLUTION NO. 87-5
A Sketch Plan for the Eaglewood Subdivision was presented to the Avon Town
Council at the January 13, 1987 meeting. Eaglewood Subdivision is a proposed
subdivision of Parcel 2 of Meyers Ranch annexation and is located immediately
west of Sunridge II between Highway 6 and the D & RGW Railroad. The proposed
subdivision has a total area of 11.4 acres of which 3.27 acres is within the
Eagle River, 0.72 acres is north of the Eagle River and 7.41 acres is located
between the Eagle River and Highway 6. Following a review of the Sketch Plan,
the Council tabled action on the application pending the receipt of additional
materials and information.
Following that meeting, the applicant has submitted a Preliminary Plan and
related documents along with a draft of the Final Plat. The Preliminary Plan
shows two lots for development and a separate open space tract. Lot 1 is
located at the southeasterly corner of the subdivision. Lot 1 contains 4.709
acres and a density of 90 Residential Development Rights or approximately 19
per acre is proposed. Lot 2 is located at the western end of the subdivision
and contains a total of 3.329 acres of which 1.200 acres is located within
the Eagle River. Fifty Residential Development Rights are proposed for the
remaining 2.029 acre portion of the Lot for a density of 24.6 Development
Rights per acre. Tract W is composed of the remaining 3.360 acres with a
designated use of Public Open Space, Parks and Drainage.
The Preliminary Plan has addressed the conditions contained in the Planning
and Zoning Commission Resolution recommending approval of the Sketch Plan.
These are:
1) A detailed drainage report addressing off-site .flows has been
submitted and General Note No. 5 on the Plat requires all development
to be in accordance detailed drainage plans.
2) The area located between the 30 foot setback line from the southerly
mean annual high water line of the Eagle River and the northerly
property line has been designated for Public Open Space, Parks and
Drainage. This area bounding Lot 1 has been designated as Tract W.
The westerly portion is designated as drainage, public pedestrian,
and open space easement and parkland easement for the Town of
Avon on Lot 2.
General Note No. 7 provides for the conveyance of Tract W to the
Town of Avon upon completion of Eaglewood Condominiums or no later
than April 1, 1997.
3) The 140 residential development rights previously assigned to
the subdivision have been distributed between Lot 1 and Lot 2
such that 25 development rights per acre as allowed in the RHDC
Zone District has not been exceeded.
4) Access layout as shown on the Sketch Plan has been eliminated
from Preliminary and Final Plat submittals.
5) The Preliminary and Final Plat submittals appear to generally
conform with the requirements of the Subdivision Regulations of
the Town of Avon.
Staff recommends approval of the Sketch Plan and Preliminary Plan for Eaglewood
Subdivision. Preliminary Plan approval is recommended with two conditions:
1) The Final Plat should include a provision for approval and signature
of the owner of the irrigation ditch easement.
2) Time frames for the conveyance of Tract W should be reduced.
Staff recommends conveyance with the recording of the Final Plat.
If these recommendations are acceptable to the Town Council the appropriate
action would be adoption of Resolutions 87-1 and 87-5.
RECOMMENDED ACTION:
1) Adopt Resolution No. 87-1, a Resolution approving Sketch Plan
for Eaglewood Subdivision.
2) Hold Public Hearing for Eaglewood Subdivision Preliminary Plan.
3) Adopt Resolution No. 87-5, a Resolution approving Preliminary
Plan for Eaglewood Subdivision.
NW/je
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RESOLUTION NO. 87-5
SERIES OF 1987
A RESOLUTION APPROVING PRELIMINARY PLAN FOR EAGLEWOOD SUBDIVISION
AND ESTABLISHING CONDITIONS FOR PROCEEDING TO FINAL PLAT
WHEREAS, Avon Ranch Company, a Colorado General Partnership has
submitted a Preliminary Plan for Eaglewood Subdivision, a subdivision of Parcel
2 of the Meyers Ranch Annexation to the Town of Avon;.and
WHEREAS, the Town Council of the Town of Avon has held a public hearing
at which the applicant and the public were provided the opportunity to present
their concerns regarding the proposed subdivision; and
WHEREAS, the Town Council of the Town of Avon has reviewed the Preliminary
Plan for Eaglewood Subdivision for conformance with the guidelines and conditions
of the'Sketch Plan approval, Subdivision Regulations, Zoning Regulations and'the
Master Plan of the Town of Avon; and
WHEREAS, the Town Council of the Town of Avon finds the Preliminary
Plan for Eaglewood Subdivision is in general conformance with guidelines and
conditions of the Sketch Plan approval, Subdivision Regulations, Zoning Regulations
and the Master Plan of the Town of Avon.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO THAT:
The Town Council of the Town of Avon, Colorado hereby approves the
Preliminary Plan for Eaglewood Subdivision, a subdivision of Parcel 2 of the
Meyers Ranch Annexation to the Town of Avon, subject to the following conditions
on development of the Final Plat:
1. The Final Plat include a properly signed statement indicating the
irrigation ditch owner approves the irrigation ditch easement 'as
shown on the plat.
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2. The Final Plat include a provision for the dedication or conveyance
of Tract W to the Town of Avon no later than April 1, 1997.
ADOPTED AND PASSED THIS 10TH DAY OF FEBRUARY , 1987.
TOWN OF AVON
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Ilan R. No ingham; Mayo r-
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1
=Councilman Miller moved to table Ordinance No: 86-27, Series of 1986
on second reading. The motion was seconded by Council Watkins and
was unanimously carried.
Resolution No. 87-1, Series of 1987, A RESOLUTION APPROVING SKETCH
PLAN FOR EAGLEWOOD SUBDIVISION AND ESTABLISHING GUIDELINES AND
CONDITIONS FOR PRECEEDING TO PRELIMINARY PLAN
Norm Wood stated that the sketch plan for the subdivision of Parcel II
of the Meyers Ranch Annexation had been submitted for review and
approval. He stated that the sketch had been presented to the
Planning and Zoning Commission for review, comment, and recommendation
to the Council. The recommendation was that the site be determined
to be suitable for the subdivision in accordance with the sketch plan
as presented. It was stated that the applicant be directed to
include a detailed drainage study addressing all site flows and that
all appropriate drainage related easements and setbacks be clearly
defined at the preliminary plan stage; that the area located
along the Eagle River in the required 30 foot setback from the Mean
Annual High Water Line; that the area between that, and the northern
boundary of the property be defined as a separate tract from the two
lots proposed with the subdivision; and that the allowed uses
on this tract be stipulated as Public Open Space, Parks and Drainage,
that the applicant consider dedicating this area to the Town for
park land. Also that the 140 Residential Development Rights which
were previously assigned through the zoning ordinance, be split
between Lot 1 and Lot 2, such that, neither lot exceed 25 Development
Rights per acre of which was allowed in the RHDC Zone District.
He stated that the access to the lots would be subject to the Highway
Department approval, and that any related information submitted with
the sketch plan would not be a part of the approval.
Tim Garton, owner of Lot 2, approached the Council. He stated that
he was in favor of the 30 foot setback and the 30 foot uses be it,
either a bike path or pedestrian easement. He stated that the-Problem
was, they had considered the possible use of duplexes on the lot.
He stated that it would be easier to have an easement rather than
dedicating the parcel, it would mean it would make it easier to sell
the lots.
Kevin Payne with the Vail Valley Resort Association, approached the
Council. He had concern in respect to this project. He stated that
after reading the brochure, there was not one mention of Avon, and
that it did not identify where the project was located.
John Werner with Republic Investments Corporation, approached the
Council. He stated that the intent in marketing a project was to
market with a name that was very readily identifiable by people who
otherwise were not familar with the local geography. He stated the
prescience had been established with Eagle-Vail, Arrowhead at Vail,
Beaver Creek/Vail. He stated that the parcel was surrounded on three
sides by projects that market themselves as Vail. He stated that
there was no attempt to leave Avon out. He stated that sales
discussions with perspective customers would identify the Town-
ship of Avon, the location, and that this was being very adhered to.
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Councilman Watkins disagreed. He stated that there was no mention
of Avon in the brochures. He felt there was an attempt to-go
around and felt that this would fall under mis-representation.
Councilman Davis felt that it was very mis-leading.
Mr. Werner stated that they would be more than willing to see that
Avon would be identified, and that it would be known that the
project was located in -Avon. He stated that he would see to it that
additional sheets would go out with the brochures.
It was stated that they had no intentions of making this a time-share
project.
Don Klinger, resident of Berry Creek, approached the Council.
He stated that one of the things that he has pushed has been the
promotion of the area, and not the promotion of Vail. He stated that
he would make sure in the advertising brochures that if Avon was not"
mentioned, that the developer could do without his project.
After discussion, Councilman Miller moved to table Resolution No. 87-1,
Series of 1987, until Republic Investments Corporation could show their
intent that they were going to take advantage of placing the
project in the Town of Avon, and indicating so in the brochures that
were being presented to people who were interested in the project.
The motion was seconded by Councilman Connell.
Councilwoman McRory requested that the Council be provided with the
additional second sheets that would be going out with the brochures.
-Mr. Werner agreed. The motion to table was unanimously carried.
At that point, The Town Attorney proposed an Ordinance which he read
by title; Ordinance No. 87-1, Series of 1987, AN ORDINANCE REPEALING
ORDINANCE 86-19 AND AUTHORIZING THE OBLIGATION OF THE TOWN TO
ACQUIRE A PORTION OF LOTS 23 AND 75, BLOCK 2 BENCHMARK AT BEAVER CREEK
SUBDIVISION, TOWN OF AVON, FOR USE BY THE TOWN FOR PARKING PURPOSES.
He stated that this Ordinance would be indentical to Ordinance 86-19
which was being repealed except as follows:
1. Lot 22-would be deleted from the property covered by the Ordinance.
2. The size of the development site would be changed from 11.74 acres
to 6.33 acres. The 6.33 acres would be specifically lots 23 and 75.
3. The name of the developer, would be at this time for purpose of
first reading, Edward M. Bendelow and HSW Investments, Inc.
4. The obligation of the Town would be changed,to $1.5 million dollars.
Furthermore, the Schedule of Performance, which was Exhibit B to the
Agreement, which was Exhibit A to the Ordinance, would be changed
as follows:
1. Execution of the land purchase contracts on or before January
22, 1987.
2. Execution of the Agreement and delivery of a deposit of $100,000
on January 28, 1987.
3. Completion of the conceptual development plan on or before February
15, 1987.
4. Commitment satisfactory to the Town for Anchor Tenant on February-
15, 1987.
5. Commitment satisfactory to the Town for financing on or before_
March 1, 1987.
6. Closing on the land on or before February 15, 1987.
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Councilman Mill moved approval of Resolut n No. 87-4, Series I
of 1987. The motion-was seconded by Councilwoman Harrison and
was unanimously carried.
Resolution No. 87-1, Series of 1987, A RESOLUTION.APPROVING SKETCH
PLAN FOR EAGLEWOOD SUBDIVISION AND ESTABLISHING GUIDELINES AND
CONDITIONS FOR PRECEEDING TO PRELIMINARY PLAN.
Resolution No. 87-5, Series of 1987, A RESOLUTION APPROVING PRELIMINARY
PLAN FOR EAGLEWOOD SUBDIVISION AND ESTABLISHING CONDITIONS FOR
PROCEEDING TO FINAL PLAT.
Norm Wood stated that Resolution No. 87-1 was presented to the Council
at the January 13, 1987 meeting. This proposed subdivision was a
subdivision of parcel 2 of Meyers Ranch annexation and was located
immediately west of the Sunridge II between Highway 6 and the D RGW
railroad. Following a review of the sketch plan the Council tabled
action pending the receipt of additional materials and information.
He stated since then, the applicant has submitted a Preliminary
Plat along with a draft of the final plat. The Preliminary Plat show-
two lots for development and a separate open space tract. Lot 1
contains 4.709 acres and A ,density of 90 Residential Development
Rights, or approximately 19 per acre. Lot 2 contains a total of
3.329 acres of which 1.200 acres is located within the Eagle River.
Fifty Residential Development Rights are proposed for the remaining
2.029 acres for a density of 24.6 Development Rights per acre. Tract
W was composed of the remaining 3.360 acres and was designated a
Public Open Space, Parks and Drainage.
Mr. Wood recommended approval of the Resolution for the Sketch Plan
and the resolution for the Preliminary Plan for Eaglewood Subdivision.
The Preliminary Plan approval was recommended with two conditions.
1. The final plat should include a provision for approval and
signature of the owner of the irrigation ditch easement.
2. Time frames for the conveyance of Tract W should be reduced. Staff
recommended conveyance with the recording of the final plat.
Glenn Palmer of Contra Ltd, approached the Council.
He reviewed the Sketch Plan and the Preliminary Plan with the Council.
There was discussion of the dedication of Tract W to the Town of Avon.
After discussion Council agreed to add to Section 2 of the resolution
No. 87-5, that the dedication or conveyance of Tract W to the Town of
Avon would be,no later than April 1, 1997. Mr. Palmer also requested
that language be added, that permanent structures, other than bike
paths, would not be allowed within the thirty foot stream setback on
the south side of the river. Council had no problem with that request.
John Werner of Republic Investments, Inc. approached the Council.
Councilman Connell stated that he still had concerns of the lack of
materials and information in respect to where the project was located.
Mr. Werner stated that there had been supplements added to the brochure
packet, one was a overprint of the logo onto the unit floor plan- sheet,-
and the other included a Avon 4-color circular.
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Councilman Connell felt it was mis-leading and felt it was false
advertising.
Counciman Miller felt that it would not be fair to ask them to reprint
the brochure based on the amount of money it would cost. He felt
with the added supplements, they have done the best they could, and
would have to take their word that they are informing the perspective
buyers of where the-project.was located.
Councilwoman Harrison agreed.
Councilman Watkins stated that he was unimpressed with the effort.
After lengthy discussion the Council agreed that Mr. Werner add a
vicinity map and a description on the back side of the unit floor, plan.
Councilman Miller moved approval of Resolution No. 87-1. The motion
was seconded by Councilwoman McRory and was carried with Councilmembers
Watkins and Connell opposing.
In-respect to Resolution No. 87-5, Series of 1987, the Preliminary Plan
for Eaglewood Subdivision; a letter was received from the president
of Alpine Management Services, Inc. The management company manages
Sunridge II, which is located directly east of the proposed project.
The management company"was concerned with the density and such problems
as, parking, trash accumulation, snow removal, noise, fireplace
emission,-and privacy for residents.
After discussion Councilman Miller moved approval of Resolution No.
87-5, Series-of 1987 based on the amendment to Section 2 of the
resolution. The motion was seconded by Councilwoman Harrison and
was carried with Councilman Watkins opposing.
The Town Attorney reported on the FSLIC motion. He stated that the
motion to dismiss all matters in connection with the Peregrine
Foreclosure was argued two weeks ago, and following argument the motion
was denied by Judge Hart. He stated that the litigation was still
in court in Eagle and still set for trial in May. Mr. Dunn stated that
he would attend the pre-trial conference on April 23, 1987.
He hoped that in June the Town could move forward with the foreclosure
process.
The Town Manager requested authorization to proceed with the Bond Issue
for the Shopping Center. He stated that he would meet with Bond Attorneys
and Linda Clark this week to discuss the structure of the Bond Issue
and the Schedule, and would have it to the Council by the next meeting.
Council authorized the Town Manager to proceed.
The Town Manager reported on the Chrisite Lodge Bus Service.
He stated that he was to meet with the Christie Lodge people this week
at their main offices in Denver. He would be negotiating the
principles with the management of Christie Lodge. He stated he would
need more time to evaluate this issue. No action was taken.
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