TC Res. No. 2005-11 APPROVING SUBDIVISIONaPP LAS-(( 6y\ aL4ir, dr6zq
TOWN OF AVON
RESOLUTION NO. 05-11
Series of 2005
A RESOLUTION APPROVING SUBDIVISION
VARIANCE AND PRELIMINARY PLAN FOR THE
VILLAGE (AT AVON) FILING 4, TOWN OF AVON,
EAGLE COUNTY, COLORADO
WHEREAS, Traer Creek RP LLC, the owner of the applicable portion of The
Village (at Avon) has applied for a Subdivision Variance and Preliminary Plan approval
for The Village (at Avon) Filing 4, A Subdivision of the Southwest 1/4, Northwest '/4,
Section 8, Township 5 South, Range 81 West of the 6t' Principal Meridian and a
Resubdivision of Tract H, The Village (at Avon) Filing 3, all in the Town of Avon, Eagle
County Colorado, 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, said Variance application is to allow an increase in the maximum
road grade from 8.5% as stipulated in the Annexation and Development Agreement for
that portion of Traer Creek Run (Nottingham Ranch Road) located north of Interstate
Highway 70 and maintained by the Town of Avon, to 9.5%; and
WHEREAS, The Town Council of the Town of Avon finds that the requested
Variance complies with the following criteria:
1) A strict, literal application of the subdivision regulations would result in
an undue hardship to the subdivider due to the purpose, size, shape location and
character of the proposed subdivision;
2) The provisions of the regulations from which relief is requested are not
materially important, in a planning sense, to the orderly controlled development
of the tract in question;
3) The granting of the request will not adversely affect the use of the land in
the immediate area of the tract in question; 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 4 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 Proposed Subdivision Variance and Preliminary Plan for The Village (at Avon)
Filing 4 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 7 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:
1. Traer Creek Run may be constructed to a maximum grade of 9.5. may
exceed one thousand feet (1,000') in length and serve not more than 280
residential units; provided however, that the portion of Traer Creek Run
that is in excess of 1,000' beyond the Swift Gulch Road Intersection shall
not service commercial uses. (Traer Creek Run is hereby limited to
serving Planning Area N (Community Park), the Single-Family Lots and
Planning Area RMF-3 as depicted on The Village (at Avon) PUD
Development Plan and an alternate route will be required for access to
future development on Planning Area M.)
2. Completion of technical corrections identified by staff, including but not
limited to those in letter of March 14, 2005 regarding Traer Creek Run and
Two Million Gallon Water Storage Tank Preliminary Plans.
ADOPTED THIS DAY OF March 2005.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
2
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: April 6, 2005
Re: Resolution No. 05-11- A Resolution Approving Subdivision Variance and
Preliminary Plan for The Village (at Avon) Filing 4, Town of Avon, Eagle
County, Colorado (Application Withdrawn by Applicant)
Summary: Action on Resolution No. 05-11, A Resolution Approving Subdivision
Variance and Preliminary Plan for The Village (at Avon) Filing 4, Town of Avon, Eagle
County, Colorado was tabled following the Public Hearing at the March 22, 2005, Town
Council meeting. Munsey L. Ayers, Esquire, attorney for the Applicant, submitted the
attached e-mail correspondence withdrawing their application for preliminary plan and
corresponding variance approval.
With the withdrawal of this application following tabling, no action is required. However, the
correspondence indicates that a representative of the applicant will be present to confirm the
applicant's withdrawal and address other matters that may require a response from the
applicant.
No action by Council is required.
Town Manager Comments:
Attachments:
1. Correspondence - Withdrawal of Application
2. Application Material - March 22, 2005, Council Packet
Message
Norman Wood
Page 1 of 1
From: Ayers, Munsey L. [munsey@ojmr.com]
Sent: Wednesday, April 06, 2005 3:15 PM
To: John Dunn email
Cc: Larry Brooks; Norman Wood; danleary@traercreek.com; magnuslindholm@traercreek.com;
sliper@alpinecivil.com
Subject: The Village (at Avon) Filing 4 - Traer Creek Run
Mr. Dunn:
Traer Creek RP LLC, the applicant for The Village (at Avon) Filing 4 - Traer Creek Run preliminary plan and
associated variance request (Resolution No. 05-11) has, after internal consideration and consultation with the
Town Staff, decided to withdraw the applications at this time.
Please accept this email correspondence as authorization for withdrawal of the applications. As we have
discussed, the matter was continued from the March 22, 2005, public hearing and, for that reason, will need to be
on the agenda for the April 12, 2005, public hearing. A representative of Traer Creek RP LLC will be present at
that hearing in order to confirm the applicant's withdrawal of the applications, and to address any other matters
that may require a response from the applicant.
I also would like to acknowledge you and the staff for the effort committed to this matter, and for your
cooperation in the process to this point. That work will pay dividends as the developer, staff and council continue
to work together to assure that The Village (at Avon) is developed in a rational, cooperative and successful
manner.
Best Regards,
Munsey L. Ayers, Esq.
Otten, Johnson, Robinson, Neff & Ragonetti, P.C.
950 Seventeenth Street
Suite 1600
Denver, CO 80202
Phone: (303) 825-8400 [direct 303.575.7555]
Fax: (303) 825-6525
Note new email address: munsey@otte.-:johnson.com
(although the old ojrnrcom address will continue to work for the immediate future, please update your records and begin
using the new ottenjohnson.com address)
4/6/2005
Memo
To: Honorable Mayor and Town Council
Thru: Lary Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: March 15, 2005
Re: Resolution No. 05-11- A Resolution Approving Subdivision Variance and
Preliminary Plan for The Village (at Avon) Filing 4, Town of Avon, Eagle
County, Colorado (Public Hearing)
Summary: Traer Creek RP LLC has submitted an application for a Subdivision
Variance and Subdivision Preliminary Plan approval for The Village (at Avon) Filing 4, A
Subdivision of the Southwest 1/4 of the Northwest 1/a of Section 8, Township 5 South, Range
81 West of the 6`" Principal Meridian and a Resubdivision of Tract H, The Village (at Avon)
Filing 3, all in the Town of Avon, Eagle County, Colorado. The proposed subdivision will
create a right-of-way for the installation of a water service main and future public road, a site
for a two million gallon potable water storage tank and drainage easements for natural stream
flow and wetland mitigation. The requested variance is to allow an increase in maximum
road grade to 9.5% from the 8.5% stipulated in The Village (at Avon) PUD Guide, for the
portion of Nottingham Ranch Road (currently proposed as Traer Creek Run) located north of
I-70 and maintained by the Town of Avon. The PUD Guide allows a maximum grade of 10%
for sections of this road not maintained by the Town of Avon.
Resolution 05-11 approves the requested Subdivision Variance and Preliminary Plat subject
to specified conditions for proceeding to final plat and to maintain consistency with The
Village (at Avon) PUD Guide.
We recommend approval of Resolution No. 05-11, A Resolution Approving Subdivision
Variance and Preliminary Plan for the Village (at Avon) Filing 4, Town of Avon, Eagle
County, Colorado.
Background: The Village (at Avon) PUD Guide includes the following:
Design and Improvement Standards.
Development within The Village (at Avon) shall comply with the Design and Improvement
Standards contained within Section 16.40 of the Avon Municipal code in effect on June 1,
1998, with the following exceptions:
(a) Roadway standard modifications for roads located north of Interstate Highway 70 not
maintained by the Town of Avon
(i) Minimum Driving Width: 22 feet
(ii) Minimum Shoulder Width - Each Side: 2 foot paved
(1) Shoulders shall not be required if curb, gutter and sidewalk is installed.
(iii) Design Speed: 25 miles per hour
(iv) Maximum Grade: 10%
(v) Minimum Curve Radius: 75 feet
(vi) Minimum Site Distance: 150 feet
(vii) Cul-de-sacs may exceed one thousand feet (1,000') in length and serve not
more than 280 residential units; provided however, that the portion of the cul-
de-sac that is in excess of 1,000' shall not service commercial uses.
(b) Roadway standard modifications for roads located south of Interstate Highway 70 and
roads maintained by the Town of Avon:
(i) Shoulders shall not be required if curb, gutter and sidewalk are installed.
(ii) Median areas shall not require a sidewalk and, if curb and gutter is installed,
shall not require a shoulder.
(iii) Maximum Grade: 8 %i % for Nottingham Ranch Road (this standard shall
also apply to that portion of Nottingham Ranch Road located north of
Interstate Highway 70 and maintained by the Town of Avon). All other roads
6%.
Discussion:
Variance:
(a) Upon application by a subdivider, the Town Council may, at its discretion, grant
variances from some or any requirements of the subdivision regulations based upon
the following criteria:
(1) Whether a strict, literal application of these subdivision regulations would
result in an undue hardship to the subdivider due to the purpose, size, shape
location and character of the proposed subdivision;
Response: The Variance Application States: "Reasons for Request for
Variance: We are requesting a variance from a maximum grade of 8 % for
lAEngineeringWvon Village15.0 Filing 415.4 Pmliminary Plan\Res 05-11 Memo-I.Doc
Local Streets to a maximum of 9.5 % for portions of Traer Creek Run due to
existing terrain conditions. The combination of the close proximity of
Interstate 70 to the steeper portions of the terrain north of I-70 and the road
being extended (Post Boulevard) passing beneath I-70 eliminates the
possibility of grading Traer Creek Run at a maximum of 8 Contributing to
the grade is the CDOT mandated location of the new roundabout at Swift
Gulch Road and associated grades across the large diameter of the
roundabout. This condition forced the beginning of Traer Creek Run closer to
the steep hillsides. Additionally, an access into Planning Area N has been
included off of Traer Creek Run with the appropriate intersection grading
further hindering the ability to obtain the 8 % grade."
2) Whether the provisions of the regulations from which relief is requested are
not materially important, in a planning sense, to the orderly controlled
development of the tract in question;
Response: The proposed roadway design meets or exceeds Design and
Improvement Standards in The Village (at Avon) PUD Guide for roads
located north of Interstate Highway 70 not maintained by the Town of Avon.
Approval of the requested variance to allow an increase in maximum road
grade from 8.5% to 9.5% for the portion of Nottingham Ranch Road
(currently proposed as Traer Creek Run) located north of I-70 will provide the
flexibility to permit this section of road to be maintained by the Town of
Avon.
3) Whether the granting of the request might adversely affect the use of the land
in the immediate area of the tract in question.
Response: See (2) Above
(b) A variance granted by the Town Council may contain limitations as to time or
disposition or use of the tract in question in order to ensure that the stated purpose of
the variance request is realized.
Response: The following condition of approval is recommended to assure
that the granting of the variance remains consistent with the intent of the
Annexation and Development Agreement and the PUD Guide:
(1) Traer Creek Run may be constructed to a maximum grade of 9.5 may
exceed one thousand feet (1,000') in length and serve not more than 280
residential units; provided however, that the portion of Traer Creek Run that is
in excess of 1,000' beyond the Swift Gulch Road Intersection shall not service
commercial uses. (Traer Creek Run is hereby limited to serving Planning
Area N (Community Park), the Single-Family Lots and Planning Area RMF-3
IAEngineeringWvon Village\5.0 Filing 4\5.4 Preliminary Plan\Res 05-11 Memo-l.Doc
as depicted on The Village (at Avon) PUD Development Plan and an alternate
route will be required for access to future development on Planning Area M.)
Subdivision (Preliminary Plan):
(1) The Town Council shall review the Preliminary Plan to determine whether the
proposed subdivision conforms to these and other applicable regulations, policies and
guidelines and whether it represents good planning practice.
(2) The Town Council shall hold a hearing upon any preliminary plan submitted.
(3) The Town Council may continue consideration of the preliminary plan for a
reasonable time to some date certain, but not to exceed thirty-five (35) days.
Following not more than one (1) such continuance, the Town Council shall either
approve, disapprove or conditionally approve a preliminary plan. A written form of
such decision shall be issued, giving the reason therefore and conditions if any.
(4) Failure of the Council to act within thirty-five (35) days of the date of the last hearing
shall be considered a conditional approval of the preliminary plan; such conditions
shall include compliance with all applicable regulations.
Financial Implications: There are no financial implications associated with the
granting or denial of this variance request.
Recommendation: We recommend approval of Resolution No. 05-11, A
Resolution Approving Subdivision Variance and Preliminary Plan for the Village (at Avon)
Filing 4, Town of Avon, Eagle County, Colorado.
Alternatives: If following the Public Hearing, Town Council does not concur with
the findings and actions contained in Resolution No. 05-11, we recommend they table action
on Resolution No. 05-11 until the next regular council meeting and provide specific findings
and actions for incorporation into an Amended Resolution for consideration at the next
regular meeting.
Proposed Motion: I move to approve Resolution No. 05-11, A Resolution
Approving Subdivision Variance and Preliminary Plan for The Village (at Avon) Filing 4, Town of
Avon, Eagle County, Colorado
Attachments:
Attachment A -Resolution No. 05-11
Attachment B - Preliminary Plan Subdivision Application
Attachment C - Variance Application
Attachment D - Letter March 14, 2005 / Technical Comments
Town Manager Comments:
1:\EngineeringWvon ViIIW\5.0 Filing 4\5.4 Preliminary Plan\Res 05-11 Menm-I.Doc 4
771
pirWIC'Oe"Jil
AVO I
C O L O R A D O
SUBDIVISION
Subdivision Fee: $
Appflcant:"JjgAER CAF- RP LL-c- s Q00 r-a~,
Mailing Address: Ra ~X 14p City: \/A t L~ State: Gp Zip: 816x$
Phone 9 70 - 949- (0771o Fax 70 , 7,fB_ fg9ao Cell
Owner of Property: -1--pAE A CR 1R F L L_ L
Mailing Address: it City: to State: Zip: ,
Phone A III Fax
Cell
Lot: Block: Subdivision: `the,. 411 Aw,,Z F,-,a& 4
Project Street Address: Tr . a-s A y
Project Name: -TLS NAM,- g l Lev 2n1
*Note: If the parcel has not previously been platted, please attach on a separate sheet a
Meets & Bounds Description.
Type of Subdivision: ❑ Minor Subdivision ❑ Condominium Subdivision
❑ Duplex Subdivision Land Subdivision ❑ Timeshare Subdivision
Type of Plat Approval Being Requested: ❑ Amended Final Plat RECEIVE
❑ Sketch Plan X Preliminary Plan ❑ Final Plat a
*Note: All subdivsions other than Minor and Duplex Subdivisions are required >14M 2005
Preliminary Plan approval-prior to Final Plat. lunft4y Develop It
I (we) represent that all information provided to the Town of Avon in connection with this application
as true and connect, that I (we) understand the Town of Avon regulations applicable to this project,
and understand that incomplete submittals will delay application review. Owner designates Appli-
cant as indicated to act as owner's representative in all application submittals related to this pro'
Applicant: - caner:
(Print Name): (Print Name):
Date: Date:
Community Development, P.O. Box 975 Avon, CO 91620(970)748-4030 Fax (970)949-5749 (rev. 12/27/01) Page 1 of 2
Lot: Block: Subdivision:
Project Address:
Project Name:-.rJe_V#J or /~-A o=.l .4
Review Fee(s):
All Applications:
❑ Four (4) sets of 24" x 36" plans
❑ Three (3) copies of the completed subdivision application form'- submit separate
applications for preliminary and final plats
❑ Fees
Condominiums and Duplex Subdivisions:
❑ Three (3) copies of any applicable Master Declarations, Condo Declarations or Party Wall
Agreements
Recording Requirements:
❑ Two sets of mylais and Master Declarations, Condo Declarations or PartyWall Agreements
which are fully executed and signed, including recording fees.
Additional Requirements:
Preliminary Plat Applications - 4 Units or more:
❑ Master List of all property owners within 300 feet with adequate legal descriptions
provided by a title company
❑ Original Copy of Public Hearing Notice
❑ Stamped and addressed envelopes for all property owners within 300 feet - metered
mail cannot be accepted
Reviewed by:
❑ Complete ❑ Incomplete Date:
This checklist is used to review subdivision applications for general completeness. We strongly
recommend that you contact the Community Development Department prior to submittal to
discuss specific submittal requirements for your project. Due to time constraints we can only
accept complete applications. Help us avoid delays by giving us clear, complete plans and
applications. If you have any questions, please call us at (970) 748-4030.
Community Development, P.O. Box 975 Avon, CO 81620 (970)74811030 Fax (970)949-5749 (rev. 12/27/01) Page 2 of 2
r
ALPINE ENGINEERING, INC.
February 28, 2005
Mr. Norman Wood, P.E.
Town Engineer
P.O. Box 975
Avon, CO 81620
Re: The Village (at Avon) Filing 4 - Traer Creek Run
Subdivision Variance Application - Grades
Dear Mr. Wood,
On behalf of Traer Creek RP LLC, we respectfully request the following variance:
Name of Development: The Village (at Avon) Filing 4
Location: North of 170 at Wm. J. Post Boulevard Interchange
Size: 101.253 acres more or less
Name and Address of Owner: Traer Creek RP LLC
P.O. Box 640
Vail, CO 81658
List of Adjacent Owners and their Address: NA
Provisions of Subdivision Regulations from which Variance is requested: Section 16.40.080
Reasons for Request for Variance: We are requesting a variance from a maximum grade of 8% for Local Streets
to a maximum of 9.59/o for portions of Traer Creek Run due to existing terrain conditions. The combination of the
close proximity of Interstate 70 to the steeper portions of the terrain north of 170 and the road being extended (Post
Boulevard) passing beneath 170 eliminates the possibility of grading Traer Creek Run at a maximum of 8%.
Contributing to the grade is the CDOT mandated location of the new roundabout at Swift Gulch Road and the
associated grades across the large diameter of the roundabout. This condition forced the beginning of Traer Creek
Run closer to the steep hillsides. Additionally, an access into Planning Area N has been included off of Traer Creek
Run with, the appropriate intersection grading further hindering the ability to obtain the 8% grade.
TOWN COUNCIL ACTION
Received this day of 2005 By:
The within request for Variance (granted, denied) this day of 2005 for the following reasons:
TOWN COUNCIL OF AVON
By.
Mayor
ATTEST:
Town Clerk
Sincerel ,
It
ichael J. Super, PE
Cc: Erik Peterson, Eric Applegate
Edwards Business Center - P.O. Box 97 - Edwards, Colorado 81632 - (970) 926-3373 • Fax (970) 926-3390
Post Office Box 975
400 Benchmark Road-
Avon, Colorado 81620
C O L O R A D O
March 14, 2005
Michael J. Sliper, P.E.
Alpine Engineering, Inc.
P.O. Box 97
Edwards CO 81632
Fax: 970-926-3390
Re: The Village (at Avon) Filing 4, Preliminary Plat
Dear Mike:
970-748-4000
970-949-9139 Fax
970-845-7708 77Y
The following comments are in response to our review of the revised Preliminary Plat,
Variance Request and corresponding documentation for The Village (at Avon) Filing 4 as
received March 3, 2005. These comments should be addressed prior to submission of
Final Plat for review and approval or submission of construction plans for grading and/or
building permits.
Traer Creek Run and 2 Million Gallon Water Storage Tank Preliminary Plans
1. All slopes should be redesigned to a maximum slope of 2 : 1. Due to existing
field conditions this may require the lengthening of some drainage structures and
the installation of additional retaining walls.
2. On Sheet 17, please remove the Paved Shoulder notation from Detail B.
3. Riprap sizes must be included on final plans and sufficient information must be
included with the submittal to evaluate proposed sizes.
4. Bends in the water plans appear to be incorrectly labeled, most notably "A"
appears to be switched with "C."
5. Please ensure that the proposed fire hydrant locations do not interfere with
proposed curb and gutter locations along the future road surface. In addition;
hydrant locations should be approved by the Eagle River Fire Protection District.
t:\Engineering\Avon Village\5.0 Filing 4\5.4 Preliminary Plan\Review Comments-3.13oc
r
March 14, 2005
We have mailed Notices for Public Hearing on Preliminary Plan for the March 22, 2005,
Avon Town Council Meeting. These items will be considered as technical corrections to
be completed prior to submission of Final Plat and/or construction plans for grading or
building permits. It should also be noted that additional comments or conditions may be
forthcoming following the Public Hearing and Council action on this Application.
If you have any questions regarding this matter do not hesitate to contact me.
Sincerely,
Norman Wood, P. .
Town Engineer
Cc: Eric Peterson Fax: 970-748-8900
Tambi Katieb
Eric Heidemann
Larry Brooks
lAEngineering\Avon Village\5.0 Filing 415.4 Preliminary Plan\Review Comments-3.Doc 2