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TC Res. No. 2001-09- - - ---1111 Jill 763438 Page: 1 of 5 07/31/2001 04:48P Sara J Fisher Eagle, CO 370 R 25.00 D 0.00 TOWN OF AVON . ; . „ RESOLUTION 01- 09 SERIES OF 2001 A RESOLUTION APPROVING PRELIMINARY SUBDIVISION PLAN FOR THE VILLAGE (atAvon) . FILING 1, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek LLC, the owner of the applicable portion of The Village (at Avon) has filed a subdivision application for The Village (at Avon) Filing 1; Preliminary Plan approval in accordance with Chapter 16.20 of the Avon Municipal Code, and WHEREAS, Traer Creek LLC has filed an application for variance from the Subdivision Regulation of the Town to allow construction of.a cul-de-sac with a length greater than 1,000 feet; and WHEREAS, Traer Creek LLC has filed an application for variance from the Subdivision Regulation of the Town to allow the issuance of a permit for overlot grading prior to final plat approval; and WHEREAS; The Preliminary Plan is subject to the terms and conditions of the Annexation and Development Agreement dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of. the P.U.D. Development / Sketch Plan dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, Traer'Creek LLC and EMD, Limited Liability Company have submitted an.amendment.to the P.U.D. Development/Sketch Plan for administrative approval; and WHEREAS, the Designated Representative of the Director of Community Development has reviewed the PUD Development Plan Administrative Amendment No. 1 and has determined that it qualifies for administrative approval; and WHEREAS, The Town has provided public notice in accordance with Section 16.20.070 to all owners within three hundred feet of The Village (at Avon) Filing 1 and posted notices of ;the time and date at which Town Council considered the preliminary subdivision application; and WHEREAS, The Town held a public hearing at which it received evidence and testimony concerning the Preliminary Plan, at the conclusion of which the Town Council considered such evidence and testimony. 1 763438 Page: 2 of 5 07//31/2001 04:48P Sara J Fisher Eagle, CO 370 R 25.00 D 0.00 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL; OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the Preliminary Plan including a variance for a cul-de=sac having a length greater than 1,000 feet and a variance to allow a permit for overlot grading to be issued prior to approval and recording of the Final Subdivision Plat for The Village (at Avon) Filing 1 is in the best interest of the public health, safety,and welfare and conforms to the terms of the PUD Development Plan Administrative Amendment No. 1 executed the day of June, 2001 and other applicable development laws, regulations and policies of the Town of Avon and hereby approves the same subject to the following conditions: 1. General Requirements - Must be Completed Prior to Final Plat Approval: An amendment to the.Annexation and Development Agreement must be approved prior to approval and recording of the Final Subdivision Plat for The Village (at Avon) Filing 1. 2. Emergency access and fire hydrant spacing must be approved by the Eagle River Fire Protection District. 3. Plans for all water and sewer facilities must be approved by Eagle River Water and Sanitation District. 4. Complete geologic hazard reports including mitigation measures must be submitted to and approved by the Town. 5. All roundabouts and street intersections shall be designed to accommodate complete turning movements for the largest anticipated delivery truck (WB- 67) without encroaching onto center island or exterior radii curb and gutter. Documentation evidencing turning movements must be approved by the Town of Avon Engineering Department. 6. Other Jurisdictional Approvals Required: a. Eagle County approval is required for the road improvements for the Highway 6 Connector Road, Nottingham Ranch Road and Eaglebend Drive, including.but not limited to a Construction Improvements Agreement (C.I.A.) for all road improvements within unincorporated Eagle County. These road improvements must also be acceptable to, and approved by the Town of Avon. b. Highway 6 Access Permit must be obtained from Eagle County and Colorado Department of Transportation (°CDOT"). c. Eagle River Bridge: All necessary approval and. permits must be obtained from Eagle County and other applicable permitting jurisdictions. d. Separated railroad grade crossing: All necessary licenses and approvals must be. obtained from the railroad and P.U. C. and other relevant permitting authorities. 2 763438 Page: 3 of 5 07/31/2001 0448P Sara J Fisher Eagle, CO 370 R 25.00 D 0.00 e. Nottingham Gulch Drainage: Discharge to Eagle River must be approved by Eagle County. f. A Floodplain Development Permit must be obtained from Eagle County for activity within the unincorporated Eagle County floodplain. g. Storm Water Management plans for storm water discharged into . Eagle River in unincorporated areas must be approved by Eagle County. h. A grading permit is required by Eagle County for any grading activities over fifty (50) cubic yards within unincorporated areas of the County. i. Storm Water Management plans, including compliance with water quality standards must be approved by Eagle County for unincorporated areas within the County. 7. Drainage: Plans for Storm Water Management and, Pollution Control Facilities within the Town must be'approved by'the Town of Avon. 8. Utilities: Approval of construction plans for all utility services including but not limited to water, sewer, electric, natural gas, phone and cable must be provided by the appropriate entities to the Town of Avon. 9. Traer Creek LLC must provide FIR approval by CDOT and/or FHWA for the 1-70 interchange improvements. 10. A Subdivision Improvements Agreement must be approved by the Town and the corresponding security must be provided to assure compliance with the Subdivision Improvements Agreement. 11. Approval and Recording of the Final Subdivision Plat shall include provisions acceptable to the Town for the timing of'the dedication and transfer of The Village (at Avon) Filing 1, Lot 5 to the Town for use as a Public Works site. II. Variance - Permit for Overlot Grading-Prior to Final Plat Approval A satisfactory Erosion Control Plan must be approved by the Town and implemented prior to issuance of a grading permit. 2. An Air Quality,(Fugitive Dust) Monitoring and Control Plan must be approved by*the Town and implemented prior to issuance of a grading permit. 3. A security deposit sufficient as determined by the Town, to assure satisfactory completion of grading and revegetation operations will be required prior to issuance of a permit for overlot grading. . 3 763 438 Page: 4 of 5 07/31/2001 04:48P Sara J Fisher Eagle, Co 370 R 25.00 D 0.00 4. Rock crusher and related operations shall be located at least 800 feet from the southerly property line, known as the railroad right of way. The rock crusher shall be screened on the southerly side by a berm at least 20 feet high. The berm, shall be constructed prior to commencement of crusher operations and remain in place throughout the crusher operation. III. Permit for Work Within Public Right of Way = Stonebridge Temporary Construction Access: The following conditions must be met prior to issuance of a permit for work within the Public Right, of Way for the installation of a temporary construction access from Stonebridge Drive: a. The 1=70 Interchange ramps must not be available for construction traffic; and b. The Nottingham Ranch Road bridge must, not be available for construction traffic. 2. The Stonebridge Temporary Access permit will be issued in accordance with Section 10.24.040 of the Avon Municipal Code and shall include the following requirements: a. In no event shall the Stonebridge Temporary Access be used for construction access longer. than six (6) consecutive months. b. Stonebridge Drive must be restored, at a minimum, to its previous condition, including asphalt removal, grading, revegation, and replacement of damaged pavement as determined by the Town within thirty (30) days following completion of its use as a temporary construction access. C. Traffic control and safety measures as approved by the Town, shall be implemented and maintained for the temporary construction access. 3. PROVIDED: In lieu of granting the, developer rights of temporary construction access over Stonebridge Drive as set forth herein, the Town Council may, on or before September 10, 2001, designate East Beaver Creek Boulevard as the site of temporary construction access. The above stated conditions and requirements of the access permit shall all apply regardless of whether the temporary construction access route is over East Beaver Creek Boulevard or Stonebridge Drive. IV. Filing 1, Lot 1 - Must be Complied with Prior to any Development on Lot 1 Temporary/Permanent Roads a. East Beaver Creek Boulevard and Chapel Place may be located in temporary access easements but must be maintained to a level consistent with Town of Avon street maintenance parameters. Proviso added by amendment.' 4 . ' b. No building permit will be issued or development authorized on Lot 1, Filing 1 until permanent rights-of-way are established and appropriate development and subdivision improvement agreements guaranteeing construction of the permanent road improvements for East Beaver Creek Boulevard and Chapel Place are approved by the Town of Avon. 2. Utilities and Stormwater Facilities a. Service for all utilities must be provided to all parcels created in conjunction with any re-subdivision of Lot 1. b. Adequate on-site and off-site storm water facilities must be provided as determined to be necessary through the Lot 1 re- subdivision process, prior to the issuance of any building permit on Lot 1. ADOPTED THIS DAY OF JUNE, 2001. TOWN COUNCIL TOWN OF AVON, COLORADO V y Yode M or S'r. = 070/31/2001 04:48P 111111 hill 1111111111111111111111111111111111111111111 763438 Sara J Fisher Eaele, CO 370 R 25.00 0 0.00 Town Clerk 5 N, OTESE 1. Lot 1 is intended for use as homeowner facilities and residential caretaker unit. No additional residential use shall be allowed on Lot 1. 2. There are no lots numbered 23.4 and 5 on this plan. ! + ' v~v.... T ' 'T t:tt r i at aa' n utvrrial t n +t 4»+n ;:hm the ntire P.L- i 3 # Lall1 ~ma nIan'exith THE s:LL ;.E at i.~.n PJ I+.: uid-. 1.P::r-litnt+. -;uan1-1-1~t~Uot'the ~n`•icn +,illcde ~ ~ Appra:al of this plan constitutes a tested R 1~ 3 propert-j pursuant to Article 69 of Tide 24, C . R. S., as amended. Title 1 hi tnl°I [ <s ] indicate; Budding _ En cl,pt Lacatlon. a 416 ac ~ It 33. I• osi r ~ a z~ 91 Yea + t L 1i f ~4* s u~ t r ♦ ~ z US ? RNIF-1 $4 ~Jgaw,, -r, 1 a 24.2 ac Ip. f - $-AW - ft` 3".) g ac• - I IF F _ 0510 « 5.4 ae U.`D USE ANX..kLLOw'D MAX X:-OWED THE VILLAGE Residential ACRES 4C%F ME DtN;mecac -llixedUse cs aop srrE ut.-SrrY oaac Residential r' Single Family. rma a9 u-nd (at Aeon) 20 '154 51.2 L4 4x Tillage Center 33'] LAC 2.5 daac Lots 1-96 rImdPace pr May -.211 2001 Residential Multi-Family 212 1.4% 6im`ac Cult urahRcrational 24 lg 1C du PUT) DEAELOPITENT PLAN Area-C leeSkatinWE-ventsCenter L7 0.1% 4du ADJHNLSTRATIVEADAIENENTENTNO.I Residential / Multi-Family 43 6 2 tp~~ C 12 chat IMU Village Residential 20.5 11% 16du,ac CERTIFICATE OF LANDOWNER REQUEST Residential i Multi-Family - ° 3 Q% 6 du/ac subtotal rr 1 .i 55 Q^ Tillage Residential 5 5 3 e le duiac Know all men by these presents that TRAER CREEK LLC and EMD LIMITED LIABILITY COMPANY, Colorado lirtted liability companies, do hereby request an administrative approval Ares F Vilaee Residential 9 5~ 15 du,'ac of PL'D Development Plan Administrative Amendment No. 1. Parr and Open Space School '_3 01`E { Area N - Community Park 29 0 16° . ghboehoodCenter 32 a? 5dowac OWNER: OWNER: Natural Open Space 499.9 2- 9% 09-1-05.10 Ne'ohborhood Center a.7 0.3% la duiac E4ID LIMITED L[-ABILITY COMPANY, TRAER CREEK LLC, ® Parkland P-1-P-6 15 - 9% a Colorado lirrt: d liability company Reeimial Couunereial , 5~ 15 dwac a Colorado limited liability tom Subtotal 5514 3J. By', LAVACORPORATION, Reg ona Comore cia 9.9 7% 15 3w;ac a Colorado corporation, as Nf, er 'I' Lindholm Road R.O.W. R,- Tonal Commercial 40 9 2% 15 du/%c B *ideeXi alter ° ~ 17.7 37% 13 daa N : N ui L ndho m Road R O.W. 66.0 3.7' onal Commercial - - - - - - _ Title: esidert Subtotal 66.0 3.'~ Subtotal 179B 99% PROJECT TOTAL 1"S9.9 100`sc 2400 maximum' Memo T« Honorable Mayor and Town Council Thm: Bill Effing, Town Manager From Norm Wood, Acting. Director of Community Development Ruth Borne, Asst. Director Community Development Date May 18, 2001 Rm Resolution No. 01-09, Series 2001, A.Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado Summary: Traer Creek LLC has submitted a subdivision application for Preliminary Plan approval for `The Village (at Avon) Filing 1 The submittal includes a request for a variance for a cul-de-sac having a length greater than 1,000 feet and a variance to allow a permit for overlot grading to be issued prior to approval of a Final Subdivision Plat. On May 1, 2001, the Planning and Zoning Commission reviewed the Preliminary Subdivision Plan and variances and recommended approval of The Village (at Avon) Filing 1 subdivision by adoption of Planning & Zoning Commission Resolution 01-03. The PUD Development/Sketch Plan was revised to, evidence the changes to the road alignments and planning areas. The amendment is referred to as PUD Development Plan Administrative Amendment No. 1. Copies of the Preliminary Plan were transmitted to the Colorado Department of Transportation, Eagle County Engineer's Office, Eagle River Fire Protection District and Eagle River Water and Sanitation District for review and comment. This Resolution includes conditions of approval to address the comments and recommendations received in response to their review. In response to the:comments from the public hearing held on May 8, 2001, staff has incorporated the following requirements into the approval of the Preliminary Plan: Safety measures for traffic: The Stonebridge Construction Access is limited to eight (8) months and must be restored to its previous condition or better. A traffic control and safety measure plan will be required prior to commencement of construction and use of the access. Dust control: An Air Quality Monitoring and Control Plan as approved by the Town will be required over the course of the project. A security deposit will be required prior to commencement of overlot grading to assure satisfactory completion and revegetation. Other conditions of approval included in the Resolution are: Subdivision Improvements Agreement ("SIA°): A SIA must be approved by the Town along with corresponding security to ensure compliance with roads and infrastructure improvements. Dedication of Lot 5, Public Works-Site: The Village (at Avon) will required to dedicate and transfer title to Filing 1, Lot 5 for use as a public works site. Recommendation: Staff recommends approval of Resolution No. 01-09, Series of 2001, A Resolution Approving Preliminary. Subdivision Plan for The Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado. Proposed Motion: I make a motion to approve Resolution No.- 01-09, Series of.2001, A Resolution.Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado. Town Manager Comments: Attachment: Resolut 01-09 Planning and Zoning Resolution 01-03 0 Page 2 TOWN OF AVON RESOLUTION NO. 01-09 SERIES OF 2001 A RESOLUTION APPROVING PRELIMINARY SUBDIVISION PLAN FOR THE VILLAGE (at Avon) FILING 1, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek'LLC, the owner of the applicable portion of The Village (at Avon) has filed a subdivision application for The Village (at Avon) Filing 1, Preliminary Plan approval in accordance with Chapter 16.20 of the Avon Municipal Code; and WHEREAS, Traer Creek LLC has fled an application for variance from the Subdivision Regulation of the Town to allow construction of a cul-de-sac with a length greater than 1,000 feet; and WHEREAS, Traer Creek LLC has filed an application for variance from the Subdivision Regulation of the. Town to allow the issuance of a permit for overlot grading prior to final plat approval; and WHEREAS, The Preliminary Plan is subject to the. terms and conditions of the Annexation and Development Agreement dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, The Preliminary Plan. is subject to the terms and conditions of the P.U..D. Development / Sketch Plan dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, Traer Creek LLC and EMD Limited Liability Company have submitted an amendment to the P.U.D. Development(Sketch Plan for administrative approval, and WHEREAS, the Designated Representative of the Director of Community Development has reviewed the PUD Development Plan Administrative Amendment No. 1 and has determined that it qualifies for administrative approval; and WHEREAS, The Town has provided public notice in accordance with Section 16.20.070 to all owners within three hundred feet of The Village (at Avon) Filing 1 and posted notices of the time and date at which Town Council considered the preliminary subdivision application; and WHEREAS, The Town held a public hearing at which it received evidence and testimony concerning the Preliminary Plan, at the conclusion of which the Town Council considered such evidence and testimony. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and, determines that the Preliminary Plan including a variance for a cul-de-sac having a length greater than 1,000 feet and a variance to allow a permit for overlot grading to be issued prior to approval and recording of the Final Subdivision Plat for The Village (at Avon) Filing 1 is in the best interest of the public health, safety and welfare and conforms to the terms of the PUD Development Plan Administrative Amendment No. 1 executed the day of May, 2001 and other applicable development laws, regulations and policies of the Town of Avon and hereby approves the same'subject to the following conditions: 1. General Requirements - Must be Completed Prior to Final Plat Approval: 1. An amendment to the Annexation and Development Agreement must be approved prior to,approval and recording of the Final Subdivision Plat for The Village (at Avon) Filing 1. 2. Emergency access and fire hydrant spacing must be approved by the Eagle River Fire Protection District. 3. Plans for all water and sewer facilities must be approved by Eagle River Water and Sanitation District. 4. Complete geologic hazard reports including mitigation measures must be submitted to and approved by the Town. 5. All roundabouts and street intersections shall be designed to accommodate complete turning movements for the largest anticipated delivery truck (WB- 67) without encroaching onto center island or exterior radii curb. and gutter. Documentation evidencing turning movements must be approved by the Town of Avon Engineering Department. 6. Other Jurisdictional Approvals Required: a. Eagle County approval is required for the road improvements for the Highway 6 Connector Road, Nottingham Ranch Road and Eaglebend Drive, including but not limited to 'a Construction Improvements Agreement (C.I.A.) for all road improvements within unincorporated Eagle County. These road improvements must also be acceptable to, and approved by the Town of Avon. b. Highway 6 Access Permit must be obtained from Eagle County and Colorado Department of Transportation ("CDOT°). C. Eagle River Bridge: All necessary approval and permits must be obtained from Eagle County and other applicable permitting jurisdictions. d. Separated railroad grade crossing: All necessary licenses and approvals must be obtained from the railroad and P.U. C. and other relevant permitting authorities. e. Nottingham Gulch Drainage: Discharge to Eagle River must be approved by Eagle County. f. A Floodplain Development Permit must be obtained from Eagle County for activity within the unincorporated Eagle County floodplain. 2 g. Storm Water Management plans for storm water discharged into Eagle River in unincorporated areas must be approved by Eagle County.. h. A grading permit is required by Eagle County for any grading activities over fifty (50) cubic yards within unincorporated areas of the. County. L Storm Water Management plans, including compliance with water quality standards must be approved by Eagle County for unincorporated areas within the County. 7. Stonebridge Temporary Construction Access: a. If the temporary construction access from Stonebridge Drive is installed, it must be removed upon completion of the Highway 6 Connector Road to the minimum extent necessary for construction. traffic access to the site. b. In no event shall the Stonebridge Temporary Access be used for construction access longer than eight (8) months. C. Stonebridge Drive must be restored, at a minimum, to its previous condition, including asphalt, paving and re-vegetation within thirty (30) days following completion of its use as a temporary construction access. d. If Stonebridge Drive is used for temporary construction access, traffic control and safety measures as approved by the Town, shall be implemented and maintained. 8. Drainage: a. Plans for Storm Water Management and Pollution Control Facilities within the Town must be approved by the Town of Avon.. 9. Utilities a. Approval of construction plans for all utility services including but not limited to.water, sewer, electric, natural gas, phone and cable must be,provided by the appropriate entities to the Town of Avon. b. Temporary roads (East'Beaver Creek Boulevard and Chapel Place) may be located in temporary access easements but must be maintained to a level consistent with Town of Avon street maintenance parameters. 10. Traer Creek LLC must provide FIR approval by CDOT and%or FHWA for the 1-70 interchange improvements. 11. A Subdivision Improvements Agreement must be approved by the Town and the corresponding security must be provided to assure compliance with the Subdivision Improvements Agreement. . 12. Approval and Recording of the Final Subdivision Plat shall include provisions for the timing of the dedication and transfer of The Village (at Avon) Filing 1, L6t-5 to the Town of Avon for use as a Public Works site. 3 I.I. Variance - Permit for Overlot Grading Prior to Final Plat Approval 1. A satisfactory Erosion Control Plan must be approved by the Town and implemented prior to issuance of a grading permit. 2. An Air Quality (Fugitive Dust) Monitoring and Control Plan must be approved by the Town and implemented prior to issuance of a grading permit. 3. A security deposit sufficient as determined, by the Town, to assure satisfactory completion of grading and revegetation operations will be required prior to issuance of a permit for overlot grading. III. Filing 1, Lot 1 - Must be Complied with Prior to any Development on Lot 1 1. Temporary/Permanent Roads a. No building permit will be issued or development authorized on Lot 1, Filing 1 until permanent rights-of-way are established and appropriate development and subdivision improvement agreements guaranteeing construction of the permanent road improvements for East Beaver Creek Boulevard and Chapel Place are approved by the Town of Avon. 2. Utilities and Stormwater Facilities a. Service for all utilities must be provided to all parcels created in conjunction with any re-subdivision of Lot 1.. b. Adequate on-site and off-site storm water facilities must be provided as determined to be necessarythrough the Lot 1 re- subdivision process, prior to the issuance of any building permit on Lot 1. ADOPTED THIS DAY OF MAY, 2001. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kris Nash Town Clerk 4 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 01-03 A RESOLUTION RECOMMENDING APPROVAL FOR THE SUBDIVISION VARIANCES AND PRELIMINARY SUBDIVISON PLAN FOR THE VILLAGE AT AVON, FILING 1, TOWN OF AVON, EAGLE COUNTY, COLORADO W HEREAS, Traer Creek LLC has submitted a Preliminary Subdivision Plan application for Filing 1; and W HEREAS, Traer Creek LLC, Owner of the Village at Avon has submitted an application for variances specifically for: 1/ A cul-de-sac in excess of one thousand feet (1,000') in length to service proposed commercial uses, and, 2/ General over-lot grading prior to the approval and issuance of a preliminary subdivision. These . variances from the subdivision regulations are as authorized by Title 16, Section 16.44 of the Avon Municipal Code; and WHEREAS, the Planning & Zoning Commission of the Town of Avon having considered the applications and reviewed the plans for the Village at Avon, Filing 1; and W HEREAS, the Town Council, may at its discretion, grant variances from Title 16 based upon certain criteria as cited in 16.12.020. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission Of the Town of Avon, Colorado, hereby recommends approval for: 1. The preliminary subdivision plan for the Village at Avon, Filing 1, Eagle County, Colorado; and 2. The requested variance to allow one (1) cul-de-sac with a length greater than one thousand feet (1000'); and 3. The requested variance to allow the issuance of a building permit for general over- lot grading prior to final subdivision plat approval. ADOPTED THIS 1st DAY OF MAY, 2001 Signed- Date: Chris Evans, Chair Attest. Date: r Andrew Karow, Secretary 4 411- 5Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager %VNorm Wood, Acting Director of Community Development From: Ruth Borne, Asst. Director Community Development Date June 7, 2001 f Re: Resolution No. 01-09, Series 2001, A Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado Summary: Traer Creek LLC has submitted a subdivision application for Preliminary Plan approval for "The Village (at Avon) Filing 1 The submittal includes a request for a variance for a cul-de-sac having a length greater than .1,000 feet and a variance to allow a permit for overlot grading to be issued prior to approval of a Final Subdivision Plat. On May 1, 2001, the Planning and Zoning Commission reviewed the Preliminary Subdivision Plan and variances and recommended approval of The Village (at Avon) Filing 1 subdivision by adoption of Planning & Zoning Commission Resolution 01-03. The PUD Development/Sketch Plan was revised to evidence the changes to the road alignments and planning areas. The amendment is referred to as PUD Development Plan Administrative Amendment No. 1. Copies of the Preliminary Plan were transmitted to the Colorado Department of Transportation, Eagle County Engineer's Office; Eagle River Fire Protection District and Eagle River Water and Sanitation District for review and comment. This Resolution includes conditions of approval to address the comments and recommendations received in response to their review. Staff has incorporated changes in response to the comments received at the public hearing held on May 8, 2001, public comments made at the Council meeting held on May 22 and neighborhood meetings held on May 30 and June 5. These changes are indicated in the attached black lined version of the Resolution. The changes proposed to address the public comments can be summarized as follows: Temporary Construction Access: The Stonebridge Drive Construction Access may only be used as an alternative for construction access in the event that both the 1-70 ramps and the Nottingham Ranch Road bridge are not available. The road may only be used for construction access for six (6) consecutive months and must be restored to its previous condition or better. A traffic control and safety measure plan will be required prior to issuance of the right of way permit. Dust control: An Air Quality Monitoring and Control Plan as approved by the Town will be required over the course of the project. A grading permit and security deposit will be required prior to commencement of overlot grading to assure satisfactory completion and revegetation: In addition, the.proposed rock crusher will be located at least 800 feet from the southernmost property line and will be screened by a berm a minimum of 20 feet in height to diminish the impact of noise on the Eaglebend residents. Other conditions of approval included in the Resolution are: Subdivision Improvements Agreement ("SIA"): A SIA must be approved by the Town along with corresponding security to ensure compliance with construction of roads and infrastructure improvements. Dedication of Lot 5. Public Works Site: The Village (at Avon) will be required to dedicate and transfer title to Filing 1, Lot 5 for use as a public works site. It should be noted that in the event In the event, Council does not act on the Preliminary Plan at this meeting, then the Preliminary Plan is conditionally approved. Section 16.20.090 of the Avon Municipal Code states that when Council fails to act on a preliminary plan application within 35 days of the date of the last hearing, then it is considered a conditional approval in compliance with all applicable regulations. Recommendation: Staff recommends approval of Resolution No. 01-09, Series of 2001, A Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado. Proposed Motion: I make a motion to approve Resolution No. 01-09, Series of 2001, A Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado. Town-Manager Comments: Attachment Blacklined version of Resolution 01-09 Resolution 01-09 Planning and Zoning Resolution 01-03 X Page 2 TOWN OF AVON RESOLUTION NO. 01-09 SERIES OF 2001 A RESOLUTION APPROVING PRELIMINARY SUBDIVISION PLAN FOR THE VILLAGE (at Avon) FILING 1, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek LLC, the owner of the applicable portion of The Village (at Avon) has filed a subdivision application for The Village (at Avon) Filing 1, Preliminary Plan approval in accordance with Chapter 16.20 of the Avon Municipal Code; and WHEREAS, Traer Creek LLC has filed an application for variance from the Subdivision Regulation of the Town to allow construction of a cul-de-sac with a length greater than 1,000 feet; and WHEREAS, Traer Creek LLC has filed an application for variance from the Subdivision Regulation of the Town to allow the issuance of a permit for overlot grading prior to final plat approval; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the Annexation and Development Agreement dated October 13, 1998 and any amendments or modifications thereto; and . WHEREAS, The Preliminary Plan is subject to the terms and conditions of the P.U.D. Development / Sketch Plan dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, Traer Creek LLC and EMD Limited Liability Company have submitted an amendment to the P.U.D. Development/Sketch Plan for administrative approval; and WHEREAS, the Designated Representative of the Director of Community Development has reviewed the PUD Development Plan Administrative Amendment No. 1 and has determined that it qualifies for administrative approval; and WHEREAS, The Town has provided public notice in accordance with Section 16.20.070 to all owners within three hundred feet of The Village (at Avon) Filing 1 and posted notices of the time and date at which Town Council considered the preliminary subdivision application; and WHEREAS, The Town held a public hearing at which it received evidence and testimony concerning the Preliminary Plan, at the conclusion of which the Town Council considered such evidence and testimony. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the Preliminary Plan including a variance for a cul-de-sac having a length greater than 1,000 feet and a variance to allow a permit for overlot grading to be issued prior to approval and recording of the Final Subdivision Plat for The Village (at Avon) Filing 1 is in the best interest of the public health, safety and welfare and conforms to the terms of the PUD Development Plan Administrative Amendment No. 1 executed the day of MW. ne, .2001 and other applicable development laws, regulations and policies of the Town of Avon and hereby approves the same subject to the following conditions: I. General Requirements - Must be Completed Prior to Final Plat Approval: An amendment to the Annexation and Development Agreement must be approved prior to approval and recording of the Final Subdivision Plat for The Village (at Avon) Filing 1. 2. Emergency access and fire hydrant spacing must be approved by the Eagle River Fire Protection District. 3. Plans for all water and sewer facilities must be approved by Eagle River Water and Sanitation District. 4. Complete geologic hazard reports including mitigation measures must be submitted to and approved by the Town. 5. All roundabouts and street intersections shall be designed to accommodate complete turning movements for the.largest anticipated delivery truck (WB- 67) without encroaching onto center island or exterior radii curb and gutter. Documentation evidencing turning movements must be approved by the Town of Avon Engineering Department. 6. Other Jurisdictional Approvals Required: a. Eagle County approval is required for the road improvements for the Highway 6 Connector Road, Nottingham Ranch Road and Eaglebend Drive, including but not limited to a Construction Improvements Agreement (C.I.A.) for all road improvements within unincorporated Eagle County. These road improvements must also be acceptable to, and approved by the Town of Avon. b. Highway 6 Access Permit must be obtained from Eagle County and Colorado Department of Transportation (°CDOT"). C. Eagle River Bridge: All necessary approval and permits must be obtained from Eagle County and other applicable permitting jurisdictions. d. Separated railroad grade crossing: All necessary licenses and approvals must be obtained from the railroad and P.U. C. and other relevant permitting authorities. e. Nottingham Gulch Drainage: Discharge to Eagle River must be approved by Eagle County. f. A Floodplain Development Permit must be obtained from Eagle County for activity within the unincorporated Eagle County floodplain. 2 g. Storm Water Management plans for storm water discharged into Eagle River in unincorporated areas must be approved by Eagle County. h. A grading permit is required by Eagle County for any grading activities over fifty (50) cubic yards within unincorporated areas of the County. i. Storm Water Management plans, including compliance with water quality standards must be approved by Eagle County for unincorporated areas within the County. oeF;diti9F;, inGludiRg (30) days fGIIGWiRg asphalt, paying and Fe vegetati GOMpletieF; of its use as a teFnP on within thiFty GFaFy 8-7. Drainage: a. Plans for Storm Water Management and Pollution Control Facilities within the Town must be approved by the Town of Avon. 88.- Utilities a.-Approval of construction plans for all utility services including but not limited to water, sewer, electric, natural gas, phone and cable must be provided by the appropriate entities to the Town of Avon. may be leGated in tempeFaFy aGGesG easements but must 44.9. Traer Creek LLC must provide FIR approval by CDOT and/or FHWA for the 1-70 interchange improvements. 4a,-10. A Subdivision Improvements Agreement must be approved by the Town and the corresponding security must be provided to assure compliance with the Subdivision Improvements Agreement. 411. Approval and Recording of the Final Subdivision Plat shall include provisions acceptable to the Town for the timing of the dedication and transfer of The Village (at Avon) Filing 1, Lot 5 to the Town for use as a Public Works site. 3 II. Variance - Permit for Overlot Grading Prior to Final Plat Approval A satisfactory Erosion Control Plan must be approved by the Town and implemented prior to issuance of a grading permit. 2. An Air Quality (Fugitive Dust) Monitoring.and Control Plan must be approved by the Town and implemented prior to issuance of a grading permit. 3. A security deposit sufficient as determined by the Town, to assure satisfactory completion of grading and revegetation operations will be required prior to issuance of a permit for overlot grading. III. Permit-for Work Within Public Right of Way - Stonebridge Temporary Construction Access: 1. The following'conditions must be met prior to issuance of a permit for 2. The Stonebridoe Temporary Access permit.will be issued in accordance with Section 10.24.040 of the Avon Municipal Code and shall include the following requirements: a. In no event shall the Stonebridge Temporary Access be used for construction access longer than six (6) consecutive months. b. Stonebridoe Drive must be restored, at a minimum, to its previous condition, including asphalt removal, grading, revegation, and replacement of damaged pavement as determined by the Town within thirty (30) days following completion of its use as a temporary construction access. C. Traffic control and safety measures as approved by the Town, shall be implemented and maintained for the temporary construction access. BLIV. Filing 1, Lot 1 - Must be Complied with Prior to any Development on Lot 1 Temporary/Permanent Roads a. East Beaver Creek Boulevard and Chapel Place may be located in temporary access easements but must be maintained to a level consistent with Town of Avon street maintenance parameters. 4 20 feet high. The berm shall be constructed prior to commencement of crusher operations and remain in place throughout the crusher operation. traffic: and b. The Nottingham Ranch Road bridge must not be available for construction traffic. a-.b. No building permit will be issued or development authorized on Lot 1, Filing 1 until permanent rights-of-way are established and appropriate development and subdivision improvement agreements guaranteeing construction of the permanent road improvements for East Beaver Creek Boulevard and Chapel Place are approved by the Town of Avon. 2. Utilities and Stormwater Facilities a. Service for all utilities must be provided to all parcels created in conjunction with any re-subdivision of Lot 1. b. Adequate on-site and off-site storm water facilities must be provided as determined to be necessary through the Lot 1 re- subdivision process, prior to the issuance of any building permit on Lot 1. ADOPTED THIS DAY OF JUNE, 2001. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kris Nash Town Clerk 5 TOWN OF AVON RESOLUTION 01- 09 SERIES OF 2001 A RESOLUTION APPROVING PRELIMINARY SUBDIVISION PLAN FOR THE VILLAGE (at Avon) FILING 1, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek LLC, the owner of the applicable portion of The Village (at Avon) has filed' a subdivision application for The Village (at Avon) Filing 1, Preliminary Plan approval in accordance with Chapter 16.20 of the Avon Municipal Code; and WHEREAS, Traer Creek LLC has filed an application for variance from the Subdivision Regulation of the Town to allow construction of a cul-de-sac with a length greater than 1,000 feet; and WHEREAS, Traer Creek LLC has filed an application for variance from the Subdivision Regulation of the Town to allow the issuance of a perrnit.for overlot grading prior to final plat approval; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the Annexation and Development Agreement dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the P.U.D. Development / Sketch Plan dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, Traer Creek LLC and EMD Limited Liability Company have submitted an amendment to the P.U.D. Development/Sketch Plan for administrative approval; and WHEREAS, the Designated Representative of the Director of Community Development has reviewed the PUD Development Plan Administrative Amendment No. 1 and has determined that it qualifies for administrative approval; and WHEREAS, The Town has provided public notice in accordance with Section 16.20.070 to all owners within three hundred feet of The Village (at Avon) Filing 1 and posted notices of the time and date at which Town Council considered the preliminary subdivision application; and WHEREAS, The Town held a public hearing at which it received evidence and testimony concerning the Preliminary Plan, at the conclusion of which the Town Council considered such evidence and testimony. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the Preliminary Plan including a variance for a cul-de-sac having a length greater than 1,000 feet and a variance to allow a permit for overlot grading'to be issued prior to approval and recording of the Final Subdivision Plat for The Village (at Avon) Filing 1 is in the best interest of the public health, safety and welfare and conforms to the terms of the PUD Development Plan Administrative Amendment No. 1 executed the day of June, 200.1 and other applicable development laws, regulations and policies of the Town of Avon and hereby approves the same subject to the following conditions: I. General Requirements - Must be Completed Prior to Final Plat Approval: An amendment to the Annexation and Development Agreement must be approved prior to approval and, recording of the Final Subdivision Plat for The Village (at Avon) Filing 1. 2. Emergency access and fire hydrant spacing must be approved by the Eagle River Fire Protection District. 3. Plans for all water and sewer facilities must be approved by Eagle River Water and Sanitation District. 4. Complete geologic hazard reports including mitigation measures must be submitted to and approved by the Town. 5. All roundabouts and street intersections shall be designed to accommodate complete turning movements for the largest anticipated delivery truck (WB- 67) without encroaching onto center island or exterior radii curb and gutter. Documentation evidencing turning movements must be approved by the Town of Avon Engineering Department. 6. Other jurisdictional Approvals Required: a. Eagle County approval is required for the road improvements for the Highway 6 Connector Road, Nottingham Ranch Road and Eaglebend Drive, including but not limited to a Construction Improvements Agreement (C.I.A.) for all road improvements within unincorporated Eagle County. These road improvements must also be acceptable to, and approved by the Town of Avon. b. Highway 6 Access Permit must be obtained from Eagle County and Colorado Department of Transportation ("CDOT" C. Eagle River Bridge: All necessary approval and permits must be obtained from Eagle County and other applicable permitting jurisdictions. d. Separated railroad grade crossing: All necessary licenses and approvals must be obtained from the railroad and P.U. C. and other relevant permitting authorities. 2 e. Nottingham Gulch Drainage: Discharge to Eagle River must be approved by Eagle County. f. A Floodplain Development Permit must be obtained from Eagle County for activity within the unincorporated. Eagle County floodplain. g. Storm Water Management plans for storm water discharged into Eagle River in unincorporated areas must be approved by Eagle County. h. A grading permit is required by Eagle County for any grading activities over fifty (50) cubic yards within unincorporated areas of the County. i. Storm Water Management plans, including compliance with water quality standards must be approved by Eagle County for unincorporated areas within the County. 7. , Drainage: Plans for Storm Water Management and Pollution Control Facilities within the Town must be approved by the Town of Avon. 8. Utilities: Approval of construction plans for all utility services including but not limited to water, sewer, electric, natural gas, phone and cable must be provided by the appropriate entities to the Town of Avon. 9. Traer Creek LLC must provide FIR approval by CDOT and/or FHWA for the 1-70 interchange improvements. 10. A Subdivision Improvements Agreement must be approved by the Town and the corresponding security must be provided to assure compliance with the Subdivision Improvements Agreement. 11. Approval and Recording of the Final Subdivision Plat shall include provisions acceptable to the Town for the timing of the dedication and transfer of The Village (at Avon) Filing 1, Lot 5 to the Town for use as a Public Works site. I1. Variance - Permit for Overlot Grading Prior to Final Plat Approval A satisfactory Erosion Control Plan must be approved by the Town and implemented prior to issuance of a grading permit. 2. An Air Quality (Fugitive Dust) Monitoring and Control Plan must be approved by the Town and implemented prior to issuance of a grading permit. 3. A security deposit sufficient as determined by the Town, to assure satisfactory completion of grading and revegetation operations will be required prior to issuance of a permit for overlot grading. 3 4. Rock crusher and related operations shall be located at least 800 feet from the southerly property line,, known as the railroad right of way. The rock crusher shall be screened on the southerly side by a berm at least 20 feet high. The berm shall be constructed prior to commencement of crusher operations and remain in place throughout the crusher operation. III. _ Permit for Work Within Public Right of Way - Stonebridge Temporary Construction Access: The following conditions must be met prior to issuance of a permit for work within the Public Right of Way for the installation of_a temporary construction access from Stonebridge Drive: a. The 1-70 Interchange ramps must not be available for construction traffic; and b. The Nottingham Ranch Road bridge must not be available for construction traffic. 2. The Stonebridge Temporary Access permit will be issued in accordance with Section 10.24.040 of the Avon Municipal Code and shall include the following requirements: a. In no event shall the Stonebridge Temporary Access be used for construction access longer than six (0) consecutive months. b. Stonebridge Drive must be restored, at a minimum, to its previous condition, including asphalt removal, grading, revegation, and replacement of damaged pavement as determined by the Town within thirty (30) days following completion of its use as a temporary construction access. C. Traffic control and safety measures as approved by the Town, shall be implemented and maintained for the temporary construction access. IV. Filing 1, Lot 1 - Must be Complied with Prior to any Development on Lot 1 Temporary/Permanent Roads a. East Beaver Creek Boulevard and Chapel Place may be located in temporary access easements but must be maintained to a level consistent with Town of Avon street maintenance parameters. b. No building permit will be issued or development authorized on Lot 1, Filing 1 until permanent rights-of-way are established and appropriate development and subdivision improvement agreements guaranteeing construction of the permanent road improvements for East Beaver Creek Boulevard and Chapel Place are approved by the Town of Avon. 2. Utilities and Stormwater Facilities a. Service for all utilities must be provided to all parcels created in conjunction with any re-subdivision of Lot 1. 4 b. Adequate on-site and off-site storm water facilities must be provided as determined to be necessary through the Lot 1 re- subdivision process, prior to the issuance of any building permit on Lot 1. ADOPTED THIS DAY OF JUNE, 2001. TOWN COUNCIL TOWN OF AVON, COLORADO .1 -.41t, i 1 )4'"~ Ju oder, a~f ATTEST: Kris Nash Town Clerk 5