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TC Res. No. 2003-41TOWN OF AVON RESOLUTION NO. 03-41 SERIES OF 2003 A RESOLUTION DENYING FORMAL, PUD - AMENDMENT NO. 1 TO THE VILLAGE (at Avon) PUD DEVELOPMENT PLAN AND PUD GUIDE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek LLC has applied for a Formal PUD Amendment to The Village (at Avon) Development Plan and PUD Guide to Planning Areas G, M, N, Q, RMF-1, RMF-4, and Open Space 5 and Open Space 13 (hereinafter referred to as Formal PUD Amendment No. 1) as more specifically described in the application dated May 30, 2003 and subsequent revisions; WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held public hearings at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed Formal PUD Amendment No. 1; and WHEREAS, following such public hearing, on August 5, 2003, the Planning & Zoning Commission forwarded its recommendations on the proposed Formal PUD Amendment No.l to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on August 26, 2003, September 9, 2003, September 23, 2003, and October 14, 2003 at which time the public was given an opportunity to express their opinions regarding the proposed Formal PUD Amendment No. 1; and WHEREAS, based upon the evidence, testimony, exhibits, and in accordance with the Town of Avon Municipal Code and regulations, Town Council for the Town of Avon fords as follows: I:\Town Clerk\Council\Resolutions\2003\Resolution No. 0341 VAA PUD Amend Oct 14.doc 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. Formal PUD Amendment No. 1 is inconsistent with the original Village (at Avon) application and PUD Guide as well as the criteria set forth in Title 17 of the Avon Municipal Code. 3. The Village (at Avon) Formal PUD Amendment No. 1 is incompatible with the public interest and the Town of Avon Comprehensive Plan. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Formal PUD Amendment No. 1 for The Village (at Avon) PUD for Planning Areas RMF-1, RMF-4, N (Community Park), Q (Regional/Commercial) and Open Space 5 and 13, Town of Avon, Eagle County, Colorado is denied for the reasons set forth above and further based upon the following additional findings: 1. The proposed regional/commercial Area north of I-70 is incompatible with the character of the area and development plan as it was contemplated as residential and open space development in the Original Village (at Avon) PUD. Avon Municipal Code, Section 17.20.110.G 2. The Community Park was intended to include a wide variety of recreation activities and optimize and preserve natural features. This planning area has been reduced below the desired area to satisfy the intent and function as set forth in the Original Village (at Avon) PUD and Section 17.20.110 H.8 3. The proposed density on RMF-4 is incompatible with proposed access for pedestrians, vehicular traffic, circulation, and transportation requirements per Section 17.20. 110 H (7) (10) and (11). 4. The proposed location of the school site and adjacent regional/commercial development area is opposed by the Eagle County School District. 17.20.110 H (10) 5. The Annexation and Development Agreement, Section 2(o), requires the Swift Gulch Road extension be completed at the time of the Interstate-70 Improvements. Inasmuch as I:\Town Clerk\Council\Resolutions\2003\Resolution No. 03-41 VAA PUD Amend Oct 14.doc the Interstate-70 Improvements are now complete, Traer Creek is in default under the Annexation and Development Agreement as to that requirement. 17.20.110 H (7)(10) and (11). ADOPTED this 14th day of October, 2003. j Town of Avon, Colorado Town Council Mayor ATTEST: E q~,0~'. Town lE A I._ i I:\Town Clerk\Council\Resolutions\2003\Resolution No. 03-41 VAA PUD Amend Oct 14.doc 4 MTo: , Honorable Mayor and Town Council Th-ni: Lary Brooks, Town Manager From: Ruth Borne, Director of Community Development D61e October 10, 2003 Re: Second Reading of Ordinance 03-10, An Ordinance Approving Formal PUD Amendment No. 1 for the Village (at Avon) Development Plan and PUD Guide, Town of Avon, Eagle County, Colorado Summary Based upon the lengthy and complicated process of the Formal Amendment'for the Village at Avon PUD, we have prepared a spreadsheet that is attached hereto and outlines the evolution of the planning areas: (zoning) and 'related densities on the PUD Development Plan since it's original approval in 1998. The chronology of the approvals for the zoning annexations, zoning and,subdivisions for the Village at Avon areas follows: 1998 .Town approves the Village at Avon Annexation in two separate petitions (Ordinance 98-14 & Ordinance 98-15 / September 23; 1998) .Town approves the Planned Unit Development and Development Standards (Ordinance 98-16 / PUD guide dated October 13, 1998) oTown approves the Annexation and Development Agreement (Ordinance 98-17 /Agreement dated October 13, 1998). 2001 .Town approves PUD Administrative Amendment #1 (Realign Planning Areas K & L, move Planning Area G / Date, May 21, 2001) *Town approves Preliminary Subdivision Plan for Filing 1 (Resolution 01-09 / Dated June 12, 2001) *Town Annexes McGrady Acres_ Subdivision Lots 1, 2, and 3 (Ordinance 01-14 / Dated October 23, 2001) oTown approves Annexation, Development & Subdivision Agreement for McGrady Acres (Ordinance 01-15 / Dated October 23, 2001) *Town approves First Amendment to Annexation and Development Agreement (Ordinance, 01-16 / Dated November 13, 2001) *Town approves Final Plat and Subdivision Improvements Agreement for Filing 1 (Resolution 01-33 / Dated November 43, 2001) oTown approves Preliminary Plat for Filing 2 (Resolution 01-34 / Dated November 13, 2001) Memo to Town Council, October 14, 2003 Page 1 of 6 Ordinance 03-10, VAA Formal PUD Amendment No. 1 2002 .Town approves PUD Administrative Amendment #2 (Adjust building setback for Planning Area K, Wal-Mart / Dated February 13, 2002) .Town approves Final Plat'and Subdivision Improvements Agreement, Filing 2 (Resolution 02-20 / Dated April 23, 2002) .Town approves PUD Administrative Amendment #3 (Specify deed restriction priority for Filing 2- Buffalo. Ridge / Dated May 15, 2002) .Town approves PUD Administrative Amendment #4 (Revise Design Standards for Swift Gulch. Road and Trail / Dated May 15, 2002) .Town annexes Post Boulevard (Ordinance 02-09 / Dated July 9, 2002) 2003 .Town receives and reviews Formal PUD Amendment #1 (Revise Planning Areas N, RMF-1, M, and G, add Area Q / Dated April 3, 2003) The formal amendment process began on April 3, 2003 when the original application was submitted, which consisted of the following proposed modifications to - the PUD Development Plan: • Creating an additional 5.0 acres of Regional Commercial immediately adjacent to the new interstate exchange. • Relocating the school, site to Tract M and increasing the planning area for the school site by almost 2.0 acres. • Reducing theCommunity Park from 29.0 acres to 25.0 acres. • Designating a Fire District-Regional Facility as required by the Annexation and Development Agreement. • Increasing Planning Area RMF-1 from 146 residential dwelling units to 240 residential dwelling units. The size of this parcel was proposed as increasing from 242 acres to 33.1 acres. • Providing a mix of 289 dwelling units on Tract M of which 163 affordable housing units are proposed. Agency Referrals were sent out on May 30, 2003 with a June 20, 2003 response deadline. A work-session with Planning & Zoning Commission was held on May 20, 2003 to review the -application as submitted. Staff requested more time to review the application as well as allowing the referral agents 'sufficient time to comment; 'however; preliminary staff recommendations were: To increase the Regional Commercial acreage of Planning Area Q, to create a more efficient commercial development area. To delete the potential for residential development on Planning Area Q, as " it is not an appropriate use immediately adjacent to the new 1-70 Interchange. To require a m ihimum d edicated a creage o n P lanning A rea M o f 10 a cres f or a school site, and require a minimum of two access points to Planning Area , M to accommodate a reasonable means of egress for both vehicular and pedestrian access to the school site. Memo to Town Council, October 14, 2003 Page 2 of 6 Ordinance 03-10, VAA Formal PUD Amendment No. 1 To consider moving the school site to the southeast comer of'RMF-1 to minimize the costs of providing access to such remote site (Planning Area M/RMF-4) and effectuate a more appropriate location for an elementary school based upon current growth. The Amendment was tabled to June 3, 2003. Community Development and Engineering staff met with Karen Strakbein, Assistant Superintendent for Eagle .County School District on June 12, 2003 to review the, alternative school. sites. 'in response, the letter dated June 16, 2003 was generated which supports the location of the school site on RMF-4 (Tract M) 'in the event,the United States Forest Service access is obtained. After two additional hearings with .Planning and Zoning Commission on June 3rd and June 17th, a final public hearing was held on August 5, 2003 wherein Planning & Zoning Commission unanimously recommended approval of the Formal PUD Amendment that consisted of: • Creating an additional 19.1 acres of Regional Commercial immediately adjacent to the new interstate exchange, increase allowable building height to 45 feet, and allow residential uses associated with community service facilities (i.e. Fire District site) as a use by right. Relocating the school site to Tract M (RMF-4) and increasing the planning area for the `school site by almost 2.0 acres. • Reducing the Community Park 17.4 acres in size. The original application proposed 25 acres, and the proposed 'useable' park space was~reduced from an existing 19.1 acres to 11.8 acres. • Designating a Fire District Regional Facility as required by the Annexation and Development Agreement at 1.0 acre in size on Planning Area Q. • Increasing Planning Area' RMF-1 from 146 residential dwelling units to a proposed density of 307 residential dwelling units. The size of the site was also reduced from the original application to 30.7 acres. • Providing a mix of 310 dwelling units on Tract M (RMF-4). The types of units were not specified. The eleven (11) specific conditions of the Planning ' & Zoning ''Resolution 03-14 recommending approval of the Village (at Avon) PUD Amendment were as follows: 1. Submit a'revised Village at Avon PUD Guide, which addresses the development standards for Planning Area Q, and RMF-4 prior to the approval of PUD Ordinance. 2. At such time as development is proposed for Planning Area Q, RMF-1 and/or RMF- 4, the subdivision process will require ,adequate ; funds with the. Town to secure public improvements, including but not limited to roads; bike paths, sidewalks, and utilities. Memo to Town Council, October 14, 2003 Page 3 of 6 Ordinance 03-10, VAA Formal PUD Amendment No. 1 3. Prior to the issuance of any more development approvals north. of 1-70, the Swift Gulch Road extension as set forth in the First Amendment to -the Annexation and Development Agreement, Section 2(o), which requires the Swift Gulch Road improvements be completed at the time of the Interstate-70 Improvements. This includes the extension of Swift Gulch Road from Buffalo Ridge (Filing 2) to pass through Post Boulevard, terminating„ at Planning Area RMF-1 prior to any development set forth in this PUD. 4. Submit a revised Planned Unit Development Plan prior to the approval of the PUD Ordinance that revises the proposed Planning Areas as follows: • Clarify development standards for RMF-4, which limits the amount of deed- restricted for-rent employee housing provided on this site. Revise development standards for Planning Area Q to require a Special Review use for the inclusion of automobile-fueling stations and carwashes. 5. Submit a detailed plan for the Community Park (Planning Area N) for review in conjunction with subdivision plans for Area RMF-1. Submit a detailed Park Plan for RMF-1 and RMF-4, in conjunction with subdivision plan submittal that accounts for the useable park space removed by this amendment. The park improvements will be a part of the Subdivision Improvement Agreements. 6. Submit a road and pedestrian alignment that is designed to accommodate the potential, for a continuous connection between RMF-1 and RMF-4 though the United States Forest Service parcel at such time as subdivision plans are submitted for RMF-1. The proposed alignment will- provide sufficient detail for review to meet public road standards as required by the Town, be.secured by the Town through the Subdivision Improvements agreement for RMF:-1, and be in - place prior to the construction of Planning Area G (school site dedication). 7. A continuous ECO trails bike path connection ..from Swift Gulch Road to RMF-1, RMF-4, , Q, N and G must be provided. This path will be secured through the Subdivision Improvements Agreement, and will meet minimum trail standards as specked by the Town of Avon. 8. Public Transit services will be required to serve RMF-4 as a result of the density and school site proposed and determined by the Town during the subdivision process. , 9. Establish the VAA Wildlife Trust Fund prior to the issuance of the first building permit associated' with residential development north of 1-70 as required in the Wildlife Mitigation Plan, Exhibit D, of the Village at Avon PUD Guide. 10. This PUD. Amendment approval is contingent upon concurrent approval of the Subdivision Sketch Plan for all affected planning areas (RMF-1, RMF74, Q, N, G). 11. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. 47, Memo to Town Council, October 14, 2003 Page 4 of 6 Ordinance 03-10, VAA Formal PUD Amendment No. 1 On August 12, 2003 the first reading of Ordinance 03-10 was held at the Avon Elementary School. The application was tabled because of the following reasons: ■ Resolution by the Town Attorney of the whether the additional density on Planning Area M (RMF-4) was originally vested in 1998. ■ Confirmation of available water rights for the uses proposed on RMF-4. ■ The lack of planning for the Village core commercial area, and the proposed increased densities on RMF-1 and Planning Area Q. ■ Clarification of detail and support from the existing Town Comprehensive Plan. The First Reading was heard again on August 26 and September 9, 2003. Council approved the First Reading on September 9, 2003. In response to the tabling of First Reading, Traer Creek modified the PUD Development Plan again to address concerns discussed at the hearings, which included the following: ■ Reduce the number of accessory units on RMF-1 from 70 to 25 maximum. ■ Converted 3.6 acres of Planning Area Q back to Community Park designation. ■ Continue working with the Eagle County School District to confirm that RMF-4 was a suitable location for the school site. Today, the application includes the following proposals: ■ Relocating the school back to RMF-1, and requiring a formal amendment to move this school site to RMF-4 as originally proposed. ■ Planning Area N - Community Park of 19.5 acres. ■ Planning Area Q proposed as Regional Commercial zoning for a total of 15.6 acres. ■ RMF-4 being proposed as additional density not to exceed a total of 310 dwelling units. The following diagram clarifies the process required of Traer Creek should they choose to propose the scnool oeolcation site in the ruture: School Site - 7.3 Acres Required Dedication (formerly known as Planning Area G) RMRt 1,17-4 Agree com+eyed to, the Town through Subdivision process pfor to any development commencing school District requests Access to obtained dedication and Issues from the USES i bonds for school sifts Formal PUD Amendment Town releases whorl site on f#lV1M and retains 8,0 acre school site School District requests dedication and issues bonds for the school *NO Memo to Town Council, October 14, 2003 Page 5 of 6 Ordinance 03-10, VAA Formal PUD Amendment No.1 Recommendation: Based upon the input received at the Eagle County School District meeting held on October 8, 2003 and the inability to,complete the Memorandum of Understanding with Traer Creek LLC, staff is recommending tabling of the application. Proposed Motion: This is a motion to table the application for the Village (at Avon) Formal Amendment No. 1, Ordinance 03-10. Town Manager Comm nts Attac ments: • Village at Avon Planning Area Chronology • Letter dated June 16, 2003 from K. Strakbein • Ordinance 03-10 Memo to Town Council, October 14, 2003 Page 6 of 6 Ordinance 03-10, VAA Formal PUD Amendment No.1 i' Y M J 00 ~ y 0 0~ It z z 0 c s a V ~ a ^ > mLLLLO LLL OD co c~ co c m m m ~v;aa QQQLz O .a c O ~ c0 N t0 CP O O E C p ~ a ~ T v w~ W L Q CD Lo co m LO MV~ ~ a c 0 a Cc W 4) 0) 0 a > c rn c LL cf) LLLU. W C CD ' N 0 Cc C-) 'a W cis C13 V V V G O C O L L L 0 CO Co m m m I .fl.5; y0 c C C C13 >1 , C cd L= O o 0 0 0 O O O O O V 00> V°oooo 00333:- O c O t0 LL LL LL LL 0 LL LL m m m O 0~0 0 m m m m m~ 0 m o 0 oZ c c ova. W y»>>M>>=== > O 000 o Z o x c c, c c Lp c c\ L t 0 O 0000200--- 0 o a omo LL m c U. go0Q ~ m ® LL LL c Lc LL r a 0 c > m m m~ cn cm c >>>w O 0m O OOOZ 70 L c V m m -G cis L O N r T.. 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LL C LL LL m m m 0-0 m c m m m mL m m.a.=.c cc, cc CM= 0 -0 7E cm co cis ca cc ca cli cc C) CD0 Ed: 0000~00c m E m m o o g L Arno ~o > o° am O ca LL LLLL m n o> as m m m c w d LL c Lcn m co 3 OO m 000 m z >m a z .X 8 a cn c c ~O CD CC i E cu 0 0 a U~ z O O O Lo f, r'nL6 v 0 r r z 0 n. C V Ri c0 cC C C ~ ` i CD o CD m m m U U.m-m m c-0 > 5w-°o0EEE' 8019 m m m 00000 (D a: M M o U cm a) cm m r-, c c j Y g % N - t L O O O > cm cm U 0» > Z Z.Q ~ cc N O O O O O T T T T T r r LL 2 c M ,.oLOLO LNNv N C Cq nj T N L6 6° C i Ln 06 LL 2 m c T o~ lam0O'wU-ax- ,x-1 1 N 0 EAGLE COUNTY SCHOOL DISTRICT RE 501 P.O. BOX 740 - EAGLE, COLORADO 81631 - t97@1328-6321 EXT. 23 - FAX (970) 329-1024 • June 16, 2003 Town of Avon Community Development Department PO Box 975 Avon, CO 81620 RE: The Village at Avon PUD Amendment Z-PU2003-2 Ladies and Gentlemen, The Town of Avon Planning & Zoning Commission is hearing the PUD amendment for The Village at Avon. The PUD amendment does not change the school land dedication requirement and the developer-identified 9-acre parcel in Tract M meets the dedication requirements. The site will most likely be developed as an elementary school and the developer has insured that our current elementary footprint will fit on the site. Additionally, with the identification oral] school sites, the school district requests that utilities be delivered to the school site property line and that the property have both ra primary and secondary access for emergencies. Utilities include water, sewer, natural gas, telephone/data, cable and non-potable water if being used in the immediate development. The school district supports the primary access that is directly north of the intersiate/river as this is the most direct route to the site. The proposed roadway that winds down the mountain from the north would be seen as the secondary access. Thank you for contacting the school district regarding this PUD amendment. I can be reached at 328-2747 if you have any questions. Sincerely, ff~~ Karen Strakbein Director of Finance I TOWN OF AVON ORDINANCE~NO. 03=10 SERIES OF 2003 AN ORDINANCE APPROVING FORMAL PUD AMENDMENT NO. 1 TO THE VILLAGE (at Avon) PUD DEVELOPMENT PLAN AND PUD GUIDE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek LLC has applied for a Formal PUD Amendment to The Village (at Avon) Development Plan and PUD Guide to Planning Areas G, M, N, Q, RMF-1, RMF-4, and Open Space 5 and Open Space 13 (hereinafter referred to as Formal PUD Amendment No. 1) as more specifically described in the application dated May 30, 2003 and subsequent revisions; WHEREAS, the proper posting, publication' and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law, and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on June 17, 2003, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed Formal PUD Amendment No. 1; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed Formal PUD Amendment No.I to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on.the 26th day of August, 2003 and September 23, 2003, at which time the public was given an opportunity to express their opinions regarding the proposed Formal PUD Amendment No. 1; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: F:\Counci1\Ordmances\2003\Ord 03-10 VAA PUD Amend - Oct- 14.doc 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. That the amendment is compatible with the Village (at Avon) PUD Guide and original application premise and the policies as specified by the Town of Avon Comprehensive Plan. 3. That the development standards for The Village (at Avon) PUD comply with each of the Town of Avon's PUD design criteria and this proposed development is consistent with the public interest. 4. That adequate facilities will be available to serve. development for the type and scope proposed for each respective planning area upon completion of the subdivision process for the area encompassing Formal PUD Amendment No'. '1. NOW THEREFORE,,BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Formal PUD, Amendment No. 1 for The Village (at Avon) PUD is approved, for Planning Areas RMF-1, RMF-4, N (Community Park), Q(Regional/Commercial) and Open Space 5 and 13, Town of Avon, Eagle County, Colorado with the following conditions: 1. The additional density on RMF-4 formerly known as a part of Planning Area M consists of a maximum of 310 dwelling units limited to RMF-4 only, and is, in addition to the 2,400 dwelling units currently approved in The Village (at Avon) PUD Guide,, Section D and the Annexation and Development Agreement recorded November 25; 1998. 2. As part of the final subdivision process, an approved subdivision improvements agreement and provisions for adequate collateral for public improvements consisting of, but not limited to roads, bike paths, sidewalks; and, utilities shall be completed prior to any development for each respective planning area: Planning Area Q, RMF-1 and/or RMF-4. 3. A final court decree of adjudicated water rights for the adequate quantity and use along with all related agreements, leases and contracts shall be approved and fully executed for the provision of water to RMF-4 as a prerequisite of final plat approval. F:\Counci1\Ordinances\2003\Ord 03-10 VAA PUD Amend - Oct. 14.doc 11 4. The Annexation and Development Agreement, Section 2(o), requires the Swift Gulch Road extension be completed at the time of the Interstate-70 Improvements. The Swift Gulch Road extension shall be collateralized as part of a-final subdivision plat prior to commencement of any development or grading north of I-70. 5. Submit a detailed plan for-the Community Park (Planning Area N) for review in conjunction with subdivision plans for Planning Area RAF-1. Submit a detailed Park Plan for RMF-1 and RMF-4 in conjunction with a final subdivision plat`that accounts for the 3.4 acres of useable park space removed by this amendment. The park improvements will be incorporated into the Subdivision Improvement Agreements. 6. Submit a road and pedestrian alignment that is designed to accommodate the potential for a continuous connection between RMF-1 and RMF-4 across the United States Forest Service parcel at such time as subdivision plans are submitted for RMF-L, In the event approval for the proposed alignment is obtained from the Forest Service,. then a public road as depicted on The Village (at Avon) PUD Development Plan Formal Amendment No. I will be required to be collateralized and constructed in accordance with a Subdivision Improvements Agreement prior to the construction of any development on RMF-4. 7. A continuous ECO trails bike path connection from Swift Gulch Road through RMF-1, RMF-4, Q, and N must be provided. This path will be secured through the Subdivision Improvements.Agreement, and will meet minimum trail standards as specified by the Town of Avon. Additionally, the trail must be indicated on the Preliminary Subdivision Plan submittal. 8. Public Transit services will be required to serve RMF-4 as a result of the impact of the additional density and potential relocation of the school site to a more remote location. Prior to issuance of any building permit for either RMF-4, an agreement establishing the level of service and funding must be executed between the Town and Traer Creek LLC. 9. The School Site must be dedicated by Traer Creek LLC to the Town in accordance with the Annexation and Development Agreement, Section 4.3(f)-and all terms and conditions as provided by the Memorandum of Understanding ("MOU') dated , 2003 by F:\Counci1\Ordinances\2003\Ord 03-10 VAA PUD Amend - Oct. 14.doc and between the Town of Avon, Traer Creek LLC, and Eagle County School District RE- 50J. A copy of the fully executed MOA is attached and incorporated herein. 10. The designated School Site in RMF-1 shall be dedicated by Traer Creek LLC to the Town at the time of recording of Final Subdivision Plat for the area including RMF-1. In the event the Forest Services access is obtained and other terms and conditions as provided by the MOU are complied with, the Town will release its claims to the School Site in RMF-1 upon recordation of Final Subdivision Plat for the area including RMF-4 and corresponding dedication for the Alternate School Site by Traer Creek LLC to the Town. 11. The final design site plan for Planning Area Q shall require review and approval by the Planning & Zoning Commission for any automobile stations and/or carwashes. 12. Establish the VAA Wildlife Trust Fund prior to the issuance of the first building permit associated with residential development north of I-70 as required in the Wildfire Mitigation Plan, Exhibit D, of the Village at Avon PUD Guide. 13. This PUD Amendment approval is contingent upon concurrent approval of the Subdivision Sketch Plan for all affected planning areas (Planning Areas RMF-1, RMF-4, Q, and 1). 14. The 1.0-acre fire site will be provided on the Community Park (Planning Area 1). 15. Accessory units on RMF-1 will be a permitted use in the PUD Guide and counted as a residential dwelling unit. 16. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this _ day of , 2003, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of, 2003, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. F:\Counci1\Ordinances\2003\Ord 03-10 VAA PUD Amend - Oct. 14.doc Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2003. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk F:\Cotmci1\Ordinances\2003\Ord 03-10 VAA PUD Amend - Oct. 14.doc 0. A s a _O ~ o A a o ~U ° a v ~ O ~o ~c ~woS B a a I E y ~ L ~ 2 < a o 13 m s s C 55, yyy = ~ e = x ~ a . x x ~ ~ ~ ; ~s All ~a x "o 8 5=& s s w d CO) a