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TC Res. No. 2004-15 APPROVING PRELIMINARYTOWN OF AVON, COLORADO RESOLUTION NO. 04-15 SERIES OF 2004 A RESOLUTION APPROVING PRELIMINARY SUBDIVISION PLAN FOR THE VILLAGE (at Avon) FILING 3, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek RP LLC, the owner of the applicable portion of The Village, (at Avon) has filed a subdivision application for The Village (at Avon) Filing 3, Preliminary Plan approval in accordance with Chapter 16.20 of the Avon Municipal Code; 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, 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 3 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 for The Village (at Avon) Filing 3 is in the best interest of the public health, safety and welfare, conforms to the Annexation and Development Agreement dated October 13, 1998, the terms of the P.U.D. Development / Sketch Plan dated October 13, 1998 and all subsequent amendments and modifications, and other applicable development laws, regulations and policies of the Town of Avon and hereby approves the same subject to the following conditions that must be addressed prior to Final Plat approval: 1. Emergency access and fire hydrant spacing must be approved by the Eagle River Fire Protection District. 2. Plans for all water and sewer facilities must be approved by Eagle River Water and Sanitation District. 3. Other Jurisdictional Approvals Required: a. Eagle County approval is required for the section of Swift Gulch Road improvements located on US Forest Service Property that is outside the Town Boundary. b. The design and construction of the portion of Swift Gulch Road situated on US Forest Service right-of-way shall conform with plans, specifications and written stipulations approved by the Forest Supervisor. 4. Plans for Storm Water Management and Pollution Control Facilities within the Town must be approved by the Town of Avon. 5. 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. 6. 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. 7. Revision of the Land Use Summary to incorporate the existing Zoning Land Use classifications from the approved Planned Unit Development map. 8. Revision of the Land Use Summary by removal of the commercial use on Tract H and add School to the designated uses on Tract H. 9. Addition of a general note that references the PUD designations and approved acreages consistent with the vested zoning approvals and approved PUD plan. 10. Completion of technical corrections identified by staff, including but not limited to those in letter of March 17, 2004 regarding Swift Gulch Road Extension-Preliminary Construction Plan Review. 11. Revegetation and Landscape Plans must be submitted with plans for public improvements and be included in the Subdivision Improvements Agreement and corresponding security provided to the Town. Resolution No. 04-15 V@A Filing 3 Page 2 of 3 ADOPTED THIS ar7th DAY OF April, 2004. ~ ®r Q~® €SEA1a. ATTEST: P r'1c I Pa"Kenny, A w Jerk TOWN COUNCIL TOWN OF AVON, COLORADO LiNb - - Albert D. Reynolds, ayor Resolution No. 04-15 V@A Filing 3 Page 3 of 3 !'L i Memo TAO: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: April 22, 2004, Re: Resolution No. 04-15, A Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 3, Town of Avon, Eagle County, Colorado (Public Hearing) Sut'1'1111ary: Traer Creek RP LLC has submitted a subdivision application for Preliminary Plan Approval for "The Village (at Avon) Filing 3. This is a subdivision of a parcel of land located in the Southeast'/4 of Section 7 and in the West %2 of the Southwest 1/4 of Section 8, Township 5 South, Range 81 West of the Oh Principal Meridian in the Town of Avon, Eagle County, Colorado. This area includes all or portions of the P.U.D. Planning areas OS-5, N, G and RAF-1. The submittal includes construction plans for the extension of Swift Gulch Road and corresponding Bike Path from Buffalo Ridge (Filing 2) to Post Boulevard north of the new I-70 Interchange. The Preliminary Plans have been forwarded to Eagle County'Engineering Department, US Forest Service, Colorado Department of Transportation, Eagle River Water and Sanitation District, Eagle County School District and Eagle River Fire Protection District for review and comment. These agencies have until Monday, April 26, 2004 to respond with comments. No response has been received from any of these agencies at this time. If no comments are received from these agencies during this time the application is deemed to be approved by the agency per town code. If comments are received prior to the Public Hearing, they will be made a part of the record and should be considered in the review process. The Preliminary Plan has been reviewed for conformance to Title 16 of the Avon Municipal Code, the Annexation and Development Agreement and the P.U.D. Development / Sketch Plan for The Village (at Avon) and was found to be in conformance with these documents, subject to conditions specified in Resolution No. 0415, Series of 2004. Based upon this review, we recommend approval of Resolution No. 04-15, Series of 2004, A Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 3, Town of Avon, Eagle is County, Colorado. I:\EngineeringWvon Village\4.0 Filing 3k4.4 Preliminary Plan\4.4.4 Preliminary P1atWpprvl Res 04-15 Memo.Doc - w i Recommendation: Approve Resolution No. 0415, Series of 2004, A Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 3, Town of Avon, Eagle County, Colorado. Proposed Motion: I move to approve Resolution No. 0415, Series of 2004, A Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 3, Town of Avon, Eagle County, Colorado. Town Manager Comments: • • 0 Page 2 k • TOWN OF AVON RESOLUTION NO. 04-15 SERIES OF 2004 A RESOLUTION APPROVING PRELIMINARY SUBDIVISION PLAN FOR THE VILLAGE (at Avon) FILING 3, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek RP LLC, the owner of the applicable portion of The Village (at Avon) has filed a subdivision application for The Village (at Avon) Filing 3, Preliminary Plan approval in accordance with Chapter 16.20 of the Avon Municipal Code; 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, 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 3 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 for The Village (at Avon) Filing 3 is in the best interest of the public health, safety and welfare, conforms to the Annexation and Development Agreement dated October 13, 1998, the terms of the P.U.D. Development / Sketch Plan dated October 13, 1998 and all subsequent amendments and modifications, and other applicable development laws, regulations and policies of the Town of Avon and hereby approves the same subject to the following conditions that must be addressed prior to Final Plat approval: 0 r 1. Emergency access and fire hydrant spacing must be approved by the Eagle • River Fire Protection District. 2. Plans for all water and sewer facilities must be approved by Eagle River Water and Sanitation District. 3. Other Jurisdictional Approvals Required: a. Eagle County approval is required for the section of Swift Gulch Road improvements located on US Forest Service Property that is outside the Town Boundary. b. The design and construction of the portion of Swift Gulch Road situated on US Forest Service right-of-way shall conform with plans, specifications and written stipulations approved by the Forest Supervisor. 4. Plans for Storm Water Management and Pollution Control Facilities within the Town must be approved by the Town of Avon. 5. 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. 6. 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. 7. Revision of the Land Use Summary to incorporate the existing Zoning Land Use classifications from the approved Planned Unit Development map. Revision of the Land Use Summary by removal of the commercial use on Tract H and add School to the designated uses on Tract H. 9. Addition of a general note that references the PUD designations and approved acreages consistent with the vested zoning approvals and approved PUD plan. 10. Completion of technical corrections identified by staff, including but not limited to those in letter of March 17, 2004 regarding Swift Gulch Road Extension-Preliminary Construction Plan Review. 11. Revegetation and Landscape Plans must be submitted with plans for public improvements and be included in the Subdivision Improvements Agreement and corresponding security provided to the Town. 0 2 • ADOPTED THIS DAY OF April, 2004. TOWN COUNCIL TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor • ATTEST: Party McKenny, Town Clerk • 3