TC Res. No. 2006-07 APPROVING SUBDIVISION VARIANCE TO ALLOW MINIMUMTOWN OF AVON, COLORADO
RESOLUTION NO. 06-07
Series of 2006
A RESOLUTION APPROVING SUBDIVISION VARIANCE TO ALLOW MINIMUM
CURVE RADIUS OF LESS THAN 100 FEET AND CUL-DE-SAC BULB RIGHT-OF-
WAY DIAMETER OF LESS THAN 100 FEET IN THE PROPOSED PRELIMINARY
SUBDIVISION PLAN FOR RIVERFRONT SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, East West Partners, Inc. has applied for a Subdivision Variance approval to
allow an decrease in road centerline curve radius for a local street from 100 feet to 56 feet for
one curve, to 85 feet for a second curve and to allow a reduction in minimum cul-de-sac right-
of-way diameter from 100 feet to 85 feet for Riverfront Drive as shown in the Proposed
Preliminary Subdivision Plan for Riverfront Subdivision in the Town of Avon, Eagle County
Colorado, in accordance with Chapter 16.44 of the Avon Municipal Code; and
WHEREAS, The Preliminary Subdivision Plan and Subdivision Variance was submitted
in conjunction with a proposed Confluence PUD Amendment; and
WHEREAS, the proposed Preliminary Subdivision Plan, Subdivision Variance and
proposed Confluence PUD Amendment have been reviewed by the Town of Avon Planning and
Zoning Commission; and
WHEREAS, following public hearings and extensive review of the proposed Confluence
PUD Amendment, proposed Preliminary Subdivision Plan, Subdivision Variance and public
input received in the course of the review and public hearings the Planning and Zoning
Commission adopted Resolution No. 06-01 recommending Town Council approval of the
proposed Confluence PUD Amendment and Resolution No. 06-02 recommending Town Council
Approval of the proposed Preliminary Subdivision Plan and Variance for Riverfront Subdivision;
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
and posted notices of the time and date at which Town Council considered the variance in
conjunction with the preliminary subdivision application; and
WHEREAS, the Town held a public hearing at which it received evidence and testimony
concerning the Variance and 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 allowing one curve with a minimum centerline radius of 56 feet,
one curve with a minimum centerline radius of 85 feet and a cul-de-sac bulb with a minimum
right-of-way diameter of 85 feet is in the best interest of the public health, safety and welfare,
conforms to the proposed Confluence PUD Amendment, and other applicable development laws,
regulations and policies of the Town of Avon and hereby approves the same subject to the
following conditions:
1. The Variance approval is contingent up final approval of the proposed Confluence
PUD Amendment and approval and recording of a Final Subdivision Plat
corresponding to the proposed Riverfront Subdivision and Confluence PUD
Amendment.
2. The Variance from the minimum cul-de-sac right-of-way diameter requirements
is subject to the submittal and approval of an acceptable design conforming to
minimum pavement diameter and guardrail installation contained within the cul-
de-sac right-of-way.
ADOPTED THIS a f- DAY OF JANUARY 2006.
ATTEST:
~ J c
Pa Kenny, T Clerk
TOWN COUNCIL
TOWN AVON, CO O
~ C
Ronald C. Wolfe, May
Resolution No. 06-07 Riverfront Subd Variance
Page 2 of 2
Memo
To: Honorable Mayor and Town Council
Thru: Lany Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: January 18, 2006
Re: Resolution No. 06-07 - A Resolution Approving Subdivision Variance to Allow
Minimum Curve Radius of Less Than 100 Feet and Cul-De- Sac Bulb Right-of-
Way Diameter of Less Than 100 Feet in the Proposed Riverfront Subdivision,
Town of Avon, Eagle County, Colorado (Public Hearing
Summary: East West Partners, Inc. has submitted an application for a Subdivision
Variance and Subdivision Preliminary Plan approval for Riverfront Subdivision, a
Subdivision of parcel of land commonly known as The Confluence, located in the South 1/2
of the Northwest 1/4 of Section 12, Township 5 South, Range 82 West of the 6t' Principal
Meridian in the Town of Avon, Eagle County, Colorado and containing approximately 18.9
acres. The property is generally bounded by the Union Pacific Railroad (UPRR) on the north,
Avon Road on the east and the Eagle River on the south. The proposed subdivision creates
seven developable lots ranging in size from approximately 0.20 acres to 4.39 acres, two open
space tracts of approximately 5.68 acres and 0.13 acres and a road right-of -way of
approximately 2.65 acres.
Primary vehicle access to the subdivision will be from Avon Road via a new street, Riverfront
Drive, which intersects Avon Road across from Hurd Lane, swings north to the UPPR right-
of-way and then follows the railroad right-of-way to the West to a proposed at-grade railroad
crossing located just to the westerly side of the Avon Fire Station on the North side of the
railroad. Riverfront Drive also intersects with a proposed at-grade crossing that provides a
direct link with an extension of Benchmark Court (east end of The Seasons building) and the
Pedestrian Plaza to the proposed Gondola site as shown on the PUD Application.
The Variance Application is for variances from design criteria for local streets and cul-de-
sacs. The proposed Riverfront Drive alignment includes two curves with a centerline radius
less than the 100 foot minimum for a local street as required by Section 16.40.080 of the Avon
Municipal Code. The first curve requiring a variance is a 56 foot radius curve near the Avon
Road intersection and the second curve is an 85 foot radius curve connecting to the western
railroad crossing. The Riverfront Drive intersection with Avon Road includes major
improvements at the intersection and the variance for the first curve will allow more efficient
development of the site. The location of.the western at-grade railroad crossing was
established by existing and anticipated development conditions across from the proposed
subdivision. Consequently, the Riverfront Drive/railroad crossing was pre-established and
site constraints in this area dictate the necessity for a reduced radius curve at this location.
The third variance request is to reduce the minimum bulb right-of-way diameter for a cul-de-
sac from 100 feet to 85 feet. The cul-de-sac. is required as a contingency for the possibility
that the western at-grade railroad crossing.is not approved or is closed at some time in the
future and Riverfront Drive becomes a dead end street (cul-de-sac). This variance has been
requested due to site constraints in the area. Approval of this variance should be conditioned
upon the submittal of plans providing sufficient detail to assure that a satisfactory cul-de-sac
with minimum pavement diameter (72 feet) and related improvements including drainage
facilities and guardrail can be constructed within the proposed cul-de-sac. (By way of
comparison, cul-de=sacs in Wildridge have a right-of-way diameter of 90 feet.)
Resolution No. 06-07 (Exhibit 1) approves the requested Subdivision Variance subject to
specified conditions including approval 'of the Confluence PUD Amendment and .
corresponding Final Subdivision Plat.
We recommend approval of Resolution No. 06-07, A Resolution Approving Subdivision
Variance to Allow Minimum.Curve Radius of Less Than 100 Feet and Cul-De-Sac Bulb.
Right-of-Way Diameter of Less Than 100 Feet in. the Proposed Preliminary Subdivision Plan
for Riverfront Subdivision, Town of Avon, Eagle County, Colorado.
Note: This Variance Application should be reviewed in conjunction with the Preliminary
Subdivision Plan re view and should be, approved prior to Preliminary Subdivision Plan
approval.
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;
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;
3) Whether the granting of the request might adversely affect the use of the land
in the immediate area of the tract in question.
I:\Engineering\Confluence\Subdivision\Preliminary\Variance Res 06-07 Memo.Doc
2
(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.
The Applicant has provided information and discussion in an attachment to the Variance
Application (Exhibit 2) to support the stipulated criteria for approval of the Variance.
Recommendation: We recommend approval of Resolution No. 06-07, A
Resolution Approving Subdivision Variance to Allow Minimum Curve Radius of Less Than 100
Feet and Cul-De- Sac Bulb Right-of-Way Diameter of Less Than 100 Feet in the Proposed
Riverfront Subdivision, Town of Avon, Eagle County, Colorado.
Proposed Motion: I move to approve Resolution No. 06-07, A Resolution
Approving Subdivision Variance to Allow Minimum Curve Radius of Less Than 100 Feet and
Cul-De- Sac Bulb Right-of-Way Diameter of Less Than 100 Feet in the Proposed River&ont
Subdivision, Town of Avon, Eagle County, Colorado.
Attachments:
Exhibit 1 - Resolution No. 06-07
Exhibit 2 - Application for Variances
Town Manager Comments:
l:\Engineering\Confluence\Subdivision\Preliminary\Variance Res 06-07 Memo.Doc
'~ex/lie> T /
TOWN.OF AVON
RESOLUTION NO. 06-07
Series of 2006
A RESOLUTION APPROVING SUBDIVISION
VARIANCE TO ALLOW MINIMUM CURVE
RADIUS OF LESS THAN 100 FEET AND CUL-DE-
SAC BULB RIGHT-OF-WAY DIAMETER OF LESS
. THAN 100 FEET IN THE PROPOSED
PRELIMINARY SUBDIVISION PLAN FOR
RIVERFRONT SUBDIVISION, TOWN OF AVON,
EAGLE COUNTY, COLORADO
.WHEREAS, East West Partners, Inc. has applied fora Subdivision Variance
approval to allow.an decrease in road centerline curve radius for a local street from,100-
feet to 56 feet for one curve, to 85 feet for a second curve and to. allow a reduction in
minimum cul-de-sac right-of--way diameter from 100 feet to 85 feet for Riverfront Drive
as shown in the Proposed Preliminary Subdivision Plan for Riverfront Subdivision in the
Town of Avon, Eagle County Colorado, in accordance with Chapter 16.44 of the Avon
Municipal Code; and
WHEREAS, The Preliminary Subdivision Plan and. Subdivision Variance was
submitted in conjunction with a proposed Confluence PUD Amendment; and
. WHEREAS, the proposed Preliminary Subdivision.Plan,.Subdivision Variance
and proposed Confluence PUD Amendment have been reviewed by the Town of Avon
Planning and Zoning Commission; and
WHEREAS, following public hearings and extensive review of the proposed .
Confluence PUD Amendment, proposed Preliminary Subdivision Plan, Subdivision
Variance and public input received in the course of the review and public hearings the
Planning and Zoning Commission adopted Resolution No. 06-01 recommending Town
Council approval of the proposed Confluence PUD Amendment and Resolution No. 06-
02, recommending Town Council Approval of the proposed Preliminary Subdivision Plan
and Variance for Riverfront Subdivision; 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;
1:\Engineering\Confluence\Subdivision\Preliminary\Variance Res 06-07.Doc
n
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 and posted notices of the time and date at which Town Council considered the
variance in conjunction with the preliminary subdivision application; and
WHEREAS, the Town held a public hearing at which it received evidence and
testimony concerning the Variance and 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 allowing one curve with a minimum centerline
radius of 56 feet, one curve with a minimum centerline radius of 85 feet and a cul-de-sac
bulb with a minimum right-of-way diameter of 85 feet is in the best interest of the public
health, safety and welfare, conforms to the proposed Confluence PUD Amendment, and
other applicable development laws, regulations and policies of the Town of Avon and
hereby approves the same subject to the following conditions:
1. The Variance approval is contingent up final approval of the proposed
Confluence PUD Amendment and approval and recording of a Final
Subdivision Plat corresponding to the proposed Riverfrbnt Subdivision
and Confluence PUD Amendment.
2. The Variance from the minimum cul-de-sac right-of-way diameter
requirements is subject to the submittal and approval of an acceptable
design conforming to minimum pavement diameter and guardrail
installation contained within the cul-de-sac right-of-way.
ADOPTED THIS DAY OF JANUARY 2006.
ATTEST:
Patty McKenny, Town Clerk
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
[:\Engineering\Confluence\Subdivision\Preliminary\Variance Res 06-07.Doc 2
6
Fxlyl e / r :2-
APPLICATION FOR VARIANCES
TOWN OF AVON SUBDIVISION REGULATIONS
Name of Development; Riverfront Subdivision
Location: The Confluence Site
Size: 18.893 acres more or less
Name and Address of Owner:
The Vail Corporation
P.O. Box 959 REcE'4®Lil)
Avon, CO 81620 .
DEC 2 8 2005
Name and Address of Applicant:
C tMky Dmbp=rd
East West Partners, Inc.
100 East Thomas Place,
P.O. Drawer 2770
Avon, CO 81620
List of Adjacent Owners and their Address: Included in Preliminary Plan Subdivision Application
Provisions of Subdivision Regulations from which Variances are requested:
1. Section 16.40.080 (56'radius curve near the Avon Road intersection),
2. Section 16.40.080(85' radius curve near the proposed Western Railroad crossing), and
3. Section 16.40.080 (85' diameter "contingent" cul-de-'sac near the proposed Western railroad crossing)
Background:
The Applicant has the Confluence parcel (renamed "Riverfront Village")-situated between the Union Pacific ("UP")
railroad tracks and the Eagle River under contract to be purchased from the Vail Corporation, a subsidiary of Vail
Resorts. The Applicant has applied for an amendment to the site's existing Planned Unit Development ("PUD") and
for a Subdivision of the site into.several development parcels, and other improvements, including roads, a proposed
linear park along the Eagle River, a public plaza, public paths and a proposed high-speed gondola.. The Gondola
would connect the Riverfront Village site to the Beaver Creek Landing site, and to other transporiation'systems
(buses and ski lifts) to Beaver Creek Resort.
The PUD and Subdivision applications are both being brought through the Town of Avon's approval processes,
including public hearings_before the Planning and Zoning Commission and the Town's Council.
The Town has applied to the State of Colorado's Public Utility Commission ("PUC") for two at-grade railroad
crossings from the Town's Western Town Center into Riverfront Village. The PUC's Administrative. Law Judge
("ALT') approved such crossings in November 2005 and the UP, which opposed such crossings, is expected to
appeal the ruling. It is not known whether or not the UP will be successful on appeal.
The Towns has begun to develop concept work on a new bus transit center Transit Center"), to be located North of
the railroad tracks, adjacent to the proposed Eastern crossing. It is expected that work on the Transit Center could
begin as early as 2006.
The proposed at-grade crossings would connect the Town's Transit Center and Avon's Western Town Center to the
Riverfront Village site, the proposed gondola and the Eagle River.
The primary vehicular and/or pedestrian connections are from 1) Avon Road at Hurd Lane (across from the Burger
King and Starbucks), 2) the proposed "Western" at-grade crossing (which would cross into the site between the
Town Hall and Fire Station near Nottingham Park) and 3) the proposed "Eastern" crossing near the Seasons at Avon
adjacent to the proposed Transit Center.
The road is designed to achieve several planning goals. These include:
1. Safety for pedestrians, bicyclists and vehicle occupants,
2. Convenient and safe vehicular access to the development to/from Avon Road and the Western railroad
crossing; Riverfront Drive connects Avon Road to the area near the Town Hall and the Town's Recreation
Center.
3. Minimize potential interactions between vehicles and pedestrians/bicyclists.
4. Avoid unnecessarily disruption of the environment along the river (a previous plan proposed access to the
site via a bridge over the Eagle River) by keeping the road "away" from the river. The proposed road
alignment is oriented as close as possible to the tracks.
5. The proposed road alignment also permits the Applicant to better utilize the site and preserve open areas
(including a proposed 75' setback from the Mean High Water Mark) along the river.
As part of the Subdivision process, the Applicant is requesting three variances to the Town's Subdivision code as
noted above. All three variances relate to the design of Riverfront Drive:
1. 56' radius curve near Avon Road.
This variance is proposed to reduce the radius of the curve of Riverfront Drive at it turns north from the Avon
Road/Hurd Lane intersection.
The primary vehicular access to the site is considered to be the Avon Road/Hurd Lane intersection. The location of
this intersection, as designed, is appropriate in that it is: 1) Aligned with East-bound Hurd Lane in accordance with
recommendations of staff, 2) Adjacent to the Eagle River to the South (a site constraint), and 3) Allows for
improvements to this intersection (at the request of the Town's planning staff) ("Staff'), including those
recommended by an independent traffic engineer. These include: 1) Traffic movements are limited to right in,
right out, and left in (from the South). Left-out movements will not be allowed. 2) A deceleration/turn lane is
provided for right turns into the site, and 3). Improved sight distance is provided by moving and reducing the height
of the retaining wall between the railroad bridge and the entrance to the site..
Near this intersection, there is proposed access for pedestrians, bicycles and emergency/maintenance vehicles to the
Eagle River.
Once into the site, the road turns to the right. This is the proposed 56' radius turn, and the reason for the requested
variance. This curve is designed to get vehicles to the north end of the site, preserving the planning goals noted
above. This turn also provides an early separation of the road from the bicyclelpedestrian path to the river, reducing
risk of potential accidents.
2. 85' radius curve near the proposed Western Railroad crossing
This variance is proposed to reduce the radius of the curve of the road as it approaches and turns to cross the tracks.
The Western railroad crossing provides access to and from the site across the proposed at-grade crossing. This
crossing is immediately to the North of the curve for which a variance is sought. This variance allows for better
utilization of the site as the site is narrow from North to South at this location, and provides for a perpendicular
crossing of the tracks. It should be noted that vehicles are expected to have a stop sign at this crossing.
3. Section 16.40.080 (85' diameter "contingent" cul-de-sac near the proposed Western railroad crossing)
This variance is proposed to reduce the radius of the "contingent" cul-de-sac on the Western end of the site.
This cul-de-sac is incorporated into the road design at the request of Town Staff. It would only be completed and
used in the event the Western crossing is not approved or at some subsequent date the crossing is disallowed by the
PUC. It should be noted that the proposed asphalt diameter would be 72', as required by the Town's code.
Variance request-all three variances.doc 2
A
The creation and grading of this cul-de-sac results in some disturbance to wetlands and the-creation of a large
retaining wall. By increasing the size, it would result in more disturbance as well as a larger retaining wall. Both
are undesirable features.
Reasons for Request for Variance:
We understand the criteria for Variances in Chapter 16.12 of the town's Municipal Code regarding subdivisions are
as follows:
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;"
Applicant comments: The literal application of these subdivision regulations would result in an undue hardship not
only to the Applicant, but to users of Riverfront Village. The site is bordered by the Eagle River io the South and the
UP railroad tracks to the North. It has approximately'!/z mile of river frontage, and has limited distance from North
to South. Good planning principles dictate the design of the road as proposed With the. proposed variances, we
believe that the Riverfront Village and its linear Riverfront Park would be safe; pedestrian -friendly, and a desirable
place to own real estate and visit. Without the variances, it would not allow the development to efficiently utilize the
linear nature of the property, and would increase the amount-of retaining walls or wetland impacts. In that sense, it
would cause an undue hardship on the Applicant, owners of property, and visitors.
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 iii question;"
Applicant Comments: The.provisions of the regulations are not materially important, in a planning sense, to the
orderly, controlled development of Riverfront Village. For example, the design of the road and curves provide
adequate access to, the site for construction vehieles,and others. based on studies conducted by the Applicant's
engineers.
3) Whether the granting of the request might adversely affect the use of the land in the immediate area of the tract
in question."
Applicant Comments: The granting of the request. will not adversely affect the use of the land either on the.
Riverfront Village. or on adjacent areas. To the contrary, as noted above, granting of the-variances would improve
experiences of users. As noted, the Eagle River, Avon Road and the railroad tracks border the site on the South,
East and North, respectively. In addition, the Eagle River Water & Sanitation District borders the site to, the West.
We see no adverse impacts to any immediate areas.
TOWN COUNCIL ACTION
Received this day of 2006 By:
The within request for Variances (granted, denied) this day of 2006 for the following reasons:
Variance request-all three variances.doc
TOWN COUNCIL OF AVON
By:
Mayor
ATTEST:
Town Clerk
3
AV - ON
C ll L Ci R .4 U 0
VARIANCE APPLICATION
Variance Renew Fee: S 300.00
J
\'I- /J Lo
Applicant: East West Partners Inc.
'.Mailing Address:
P.O. Drawer 2770 City: Aron State: CO Zip: 81620
Phone 970-845-9200 Fax 970-845-7205 Cell M
Owner of Property: Vail Corporation
3failing Address: P. O. Box 959 City: Aron State: CO Zip: 81620
Phone 970-845-9200 Fax 9: 970-845-7205 -cent:
Lot: Block: Subdhision: See attached
Project -Tame:
Street Address:
Current Zoning:
Describe the Variance Requested:
A. Describe the relationship of the requested variance to other existing or potential uses
and stroctares in the iicinity: N/A to Subdi- ision variances
C De%-ela P.O. Hos 4753t~ It'O 816?A t~?~)?' 3~# Pas ~ 3;99-5," 9 (mv.17.,27.' 41) Prue I of t
q
B. Describe the degrte to which relief from the strict or literal interpretation and
enforcement of a specific regulation is necessars., to arideve compatibility and
uniformW of tivatinent among sites in the -%Iduity, or attain the objectisres of Title
17.36.040 olthout grant of special pris-ikgt:
N/A to Subdivision variances
C. Describe the effect of the requested variLmer on light and air, distribution of
population, transportation and hvMc facilities, public facilities and utilities, and pubbe
safety:
NIA to Sub division variances
D. Any such other factors and criteria as the Planning Commission may deem applicable
to the proposed variance:
S e e attache d for sub division varianc a criteria
1(wv) tepv*Aw that all won pw%ided to the Town of Axon in anne ction %%it6 dtis Vp1imfiw
as ime aid correct, drat I (we) im&nta nd the To%xv of Avon rzsidations applicable to dris project,
Apph-
and understand that incomptete subudu als will delm- application revti►r. Owaer des tes .
cant as u►dkated to amt as owtWs repremitative W all application s►.►hWitals related to fts project.
Applicant*#_ (.~i/~1,) -
(Ftint,ame): Est West Partners Inc.
Owner:
(Print amel: The Nail Corporation
Date: 12-28-05 Date: 12-28-05
Ce cy DC%Tlop P.a. Boa 975 Avom Co 91620 (9'.0)7484030 Fax (970". -57#-9 O. f2;''7 t1E) Page 2 ot2