TC Res. No. 2008-22 Approving an extension for one year of the preliminary subdivision plan approval for the village filing no4.TOWN OF AVON, COLORADO
RESOLUTION 08-22
Series of 2008
A RESOLUTION APPROVING AN EXTENSION FOR ONE YEAR OF
THE PRELIMINARY SUBDIVISION PLAN APPROVAL FOR THE
VILLAGE (AT AVON) FILING NO.4
WHEREAS, the preliminary subdivision plan for The Village (at Avon) Filing 4
was approved by Resolution 06-14 on June 27, 2006; and
WHEREAS, by Resolution No. 06-13, adopted June 27, 2006, a variance in
association with the preliminary subdivision plan for The Village (at Avon) was approved; and
WHEREAS, Section 16.20.100, Avon Municipal Code, provides that approval, of
a preliminary plan shall be valid for a period of two years; and
WHEREAS, Section 16.20.110, Avon Municipal Code, provides that approval of
a preliminary plan maybe extended for good cause shown when such request is submitted by the
subdivider in writing to the Town Clerk at least 60 days prior to the date of approval'expiration;
and
WHEREAS,-Tmer Creek RP, LLC, the subdivider, submitted a request for
extension of the approval of the plan prior to April 27, 2008; and
WHEREAS, good cause for such an extension has been shown;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
1. The approvalof the preliminary subdivision plan for The Village (at Avon)
Filing 4 is extended to and including June 26, 2009 with the following condition: that the
applicant conduct an analysis of the impacts of the Filing 4 construction on.the sites identified in
the July 2001 Cultural Resource-Inventory Report prepared by Metcalf Archeological
Consultants; if the Filing 4 construction impacts any of the sites that the developer shall
undertake a data recovery of the prehistoric site to the satisfaction of the Town of Avon before
Filing 4 construction starts.
2. The approval of the associated variance is extended to and including June 26,
2009.
Resolution No. 08-22 V@A One Year Extension
Page 1 of 2
ADOPTED at a regular meeting of the Town Council of the Town of
Avon the 24th day of June, 2008.
'tpWN OF.4k
Ron Id . Wol e, Mayor
ATTEST: ' S 'E A I.
COLORADO.
,iu7 3 ~ C
atty cKenny, T Clerk
Resolution No. 08-22 V@A One Year Extension
Page 2 of 2
r"
0 1 Memo
To: Honorable Mayor and._Town Council
Thru: Larry Brooks, Town Manager
From: Justin Hildreth, P.E. Town EngineerqltAf
Date: June 19,2008
Re: Resolution 08-22 - A Resolution Approving an Extension for One-Year of the
Preliminary Subdivision Plan Approval for the Village (at Avon) Filing No. 4
Summary:.: Resolution 08-22, attached as Exhibit A, is in response to the request by the Village (at
Avon) for'. an, extension of the Preliminary Subdivision plan approval and Subdivision Variance
approval for the Village-(at Avon) Filing 4.'. The Preliminary Subdivision Plan and the associated
Subdivision .Variance are' set to expire two years after approval date, June 27, 2006, unless the
applicant requests an extension sixty (60) days before the expiration date, June 27, 2008, showing
good`cause..The applicant, -Traer Creek RP LLC, submitted a request for a two-year eidfension of
the Preliminary-Subdivision Plan, along with an additional letter that includes a description of good
cause for the extension. The extension request is in conformance with requirements of . Avon
Municipal Code (AMC) 16.20.110. Staff recommends approval•'of Resolution 08-22, Series_ of 2008,
conditionally approving the extension request for a period of one year.
Previous Council Action: Town Council approved Resolution 06-14 approving the Preliminary
Subdivision Plan and' Resolution 06-13 approving the Subdivision Variance for Village (at Avon)
Filing 4, on June 27, 2006. The resolutions are attached as Exhibit B and Exhibit C, respectively. "
• Background: Town Council approved the Village (at Avon)" Filing 4' Preliminary Subdivision Plan
and associated Subdivision Variance on June 27, 2006. The proposed subdivision is located north
of the Swift Gulch Road and Post Boulevard roundabout and includes reconstructed, wetlands, a
water tank, and an access road to the water tank. The associated' Subdivision`Vadance increases
the maximum road grade from 8.5 percent, as stipulated in the Annexation and Development
Agreement for portions of Traer Creek Run north of Interstate 70, to 9.5 percent: Per. Section
16.20:100 of the AMC, the Preliminary Subdivision Plan expires after two years of the approval date.
Section 16.20.110 of the AMC states that an extension may be granted for good cause when such
request is-submitted by the subdivider in writing to the Town Cleric at least 60 days prior t6the date
of approval expiration.
On January 15, 2008, the applicant's engineer, Kent Kriehn of Alpine Engineering, submitted the
response to the Town's October 20, 2006 comments regarding the Final Plat, -Draft Subdivision
Improvements Agreement (SIA) and construction drawings. The Town responded to the submittal
on February 15, 2008. In the response, attached as Exhibit D; the Town provided' comments
regarding the proposed SIA,', construction drawings, and reminded the applicant of the June 27, 2008
Preliminary Subdivision Plan expiration date.
On April 16, 2008, Munsey Ayers, the applicant's representative, submitted the request for a two-
year extension of the Preliminary Subdivision Plan, attached as Exhibit E;': but the request did not
include a description of good cause as required in AMC 16.20.110. The Town's response, dated
April 30, 2008 and attached as Exhibit F, requested the applicant to submit the description of good
cause. On June 18, 2008, the Town received a letter from Munsey Ayers, attached as Exhibit G,
which included the applicant's description of good cause.
0 Page
f•
Discussion: Staff is of the opinion that a one-year extension should be granted.to the applicant
since ,there is no exposure to the Town because no additional development -beyond the Eagle
County Health Services District ambulance facility can occur in the Village (at Avon) until the water
tank is constructed. Staff is.recommending a one-year extension instead of'a two=year extension in
the event that the Preliminary Subdivision Plan needs to be modified a- s`-a result 'of unforeseen
changes to the Village (at Avon) development plan. Thisl is a minimal' burden for ,the applicant
because all that is required to apply for. another one-year extension is a formal" written request
showing good cause.
On March 25, 2008, Staff received..a copy, of a JUT 2001 Cultural Resource: Inventory . Report
(Report ) that was prepared by Metcalf Archeological Consultants of ;Eagle, , Colorado. The Report
identified 9 sites ;within .the.:Village (at Avon). Of these sites, two may,., be. eligible for the National
Register of Historic Places since they hold some data potential. One of the sites along Nottingham
Gulch (identified as 5EA1736 in. the report) may be.iocated.within,the-area to be. disturbed for the
construction of the Filing 4 improvements. The -Report states that data :recovery of, the: site -is a
feasible option since it is not located were in-situ; preservation is the best option.,' Staff recommends,
as a condition of Resolution 08-22, that. the applicant identifies the location of the.aite to determine if
it is. located within. the area.to be disturbed for the construction of'the .Filing 4 .improvements. If the
site is located in the area to ..be disturbed, a data recovery effort must b6,'* undertaken to the
satisfaction. of the Town before -construction for Filing 4 can start.
It should be noted that the June 18, 2008, letter from,Munsey Ayers. (Exhibit-G)' attempts to, connect
the request for the Preliminary Subdivision. Plan, extension to.a dispute with the Town regarding the
collateralization of the improvements, and the SIA before the Final Plat can be recorded per Section
16.24.100 of the AMC.;; Staff feels that this is a separate issue and is not relevant to the approval •
recommendation for Resolution 08-22.
Financial Implications: No-financial implications to the Town of Avon
.Recommendation: Staff is recommending that the Village (at Avon) Filing 4 preliminary.subdivision
plan be granted for one .year,- and a :condition. be added that requires that the developer. conduct an
analysis • of the; impacts.of the Filing. 4 construction on.the sites identified in the :July 2001 Cultural
Resource. Inventory Report prepared by Metcalf -Archeological Consultants; if :the Filing 4
construction impacts any of the sites than the developer shall undertake- a .'data recovery of the
prehistoric site before Filing 4 construction starts.
Proposed Motion:. Approve Resolution 08-22, granting. ,a one-year:.extension to the: Village-: (at
Avon) Filing 4 Preliminary Subdivision Plan approval.with_a condition that developer conduct an
analysis of the impacts of the Filing 4 construction on the sites identified in .the July 2001, Cultural
.Resource Inventory Report prepared by Metcalf . Archeological Consultants; if the Filing 4
construction impacts any of the sites than the developer shall. undertake a data recovery of the
prehistoric site to the satisfaction of the Town before Filing 4 construction starts.
Town Manager Comments:
•
0 Page
Attachments
• Exhibit A Resolution 08-22, A Resolution Approving an Extension of One-Year of the
Preliminary Subdivision .Plan Approval of the Village. (at Avon) Fling 4
Exhibit B - Resolution 06-14, A Resolution Approving Preliminary.. Subdivision Plan for the
Village (at Avon) Filing No 4,_ Town of Avon; Eagle County, Colorado
• Exhibit C' - Resolution 06-13, A Resolution Approving Subdivision Variance Increasing
All Road Grade From Eight and, One Half Percent to Nine and One Half Percent On
Traer Creek Run in the Proposed Preliminary Plat for the.Village (at Avon) Filing 4, Town of,
Avon, Eagle County, Colorado
s Exhibit D - February 15, 2008, 'Letter from Justin Hildreth, Town of .Avon to Kent Kriehn,
Alpine Engineering.
• . Exhibit E - April 16, 2008, Letter from Munsey Ayers, Otten- Johnson, Robinson, Neff &
Ragonetti, PC to Justin Hildreth, Town of Avon
• Exhibit r'- Aphi, 30, 2608, Letter from Justin H ldreth, Town of Avon to Munsey Ayers, Otten,
Johnson, Robinson, Neff & Ragonetti, P.C.
Exhibit G - June 18, 2008; Letter from Munsey Ayers, Otten, Johnson, Robinson, Neff &
Ragonetti, P.C. to Justin Hildreth, Town of Avon
•
• Page 3
Exhibit.A
I
RESOLUTION 08-22
Series of 2008 •
A RESOLUTION APPROVING AN EXTENSION FOR ONE
YEAR OF THE PRELIMINARY SUBDIVISION PLAN
APPROVAL FOR THE VILLAGE (AT AVON) FILING NO.4
WHEREAS, the preliminary subdivision plan for The Village. (at Avon) Filing 4
was approved by Resolution 06-14,on"June 27,2006; and
WHEREAS, by Resolution No. 06-13adopted June 27, 2006, a variance in
association with the preliminary subdivision plan for The Village (at Avon) was approved; and
WHEREAS, Section 16.20.100, Avon Municipal Code, provides that approval of a
preliminary plan shall be valid for a period of two years; and
WHEREAS, Section 16.20.110,.Avon Municipal .Code, provides that approval of a .
preliminary plan may be extended for good cause shown when such request. is submitted by the
subdivider in writing to the Town Clerk at least 60 days prior to the date of approval expiration;
and
WHEREAS, Traer Creek RP, LLC, the subdivider, submitted a request for
extension of the approval of the plan prior to April 27, 2008; and
WHEREAS, good cause for such an extension has been shown; •
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF. THE
TOWN OF AVON, COLORADO:
1. ' The approval of the preliminary subdivision plan for The. Village (at Avon).
Filing 4 is extended to and including June 26, 2009 with the following condition: that the applicant
conduct an analysis of the impacts of the Filing 4 construction on the sites identified in the July
2001 Cultural Resource Inventory Report prepared by Metcalf Archeological Consultants; if the
Filing 4 construction impacts any of the sites that the .developer shall undertake a data recovery of
the prehistoric site to the satisfaction of the Town of Avon before Filing 4 construction starts.
2. The approval of the associated variance is extended to and including June 26,
2009.-
0
Exhibit B
TOWN OF AVON, COLORADO
RESOLUTION NO. 06-14
Series of 2006
A RESOLUTION APPROVING PRELIMINARY SUBDIVISION 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 Preliminary Subdivision Plan approval for The Village (at Avon) Filing 4,
A Subdivision of the Southwest 1/4, Northwest 1/4, 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, a Variance application to allow an increase in the maxi -mum 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% was submitted in conjunction with said Preliminary Plan; and
WHEREAS, said Variance was approved by Resolution No. 06-13; 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 Preliminary Subdivision 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 / 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
•
development laws, regulations and policies of the Town of Avon and hereby approves the same
• subject to compliance with the following conditions prior to Final Subdivision Plat approval and
subsequent issuance of any construction, grading or building permits:
1. Evidence of approval of the final construction plans must be provided by the appropriate
utilities, including water and sewer.
2. An approval letter from The Village (at Avon) Design.Reyiew Board. must be submitted
prior to issuance of any construction, grading and/or building permits for.any
improvements shown on The Village (at Avon) Filing 4, October 2005 Preliminary Plans.
3. All slopes shall be 2 : 1 or flatter or detailed plans and supporting geological and soils
documentation shall be submitted for review and approval consideration prior to, or in
conjunction with Final Plat submittal for review and approval.
4. Rip Rap Sizes and supporting documentation shall be submitted for review and approval
with final construction plans prior to issuance of construction, grading and/or building
permit.
5. Written approval from Eagle River Water and Sanitation' District for the final
construction plans for the water main and water storage, tank must be submitted prior to
issuance of construction, grading and/or building permit.
6. Water main and fire hydrant plans must be approved in writing by Eagle River Fire
• Protection District prior to issuance of construction, grading and/or building permit.
7. Landscaping/revegetation plans and specifications prepared by professional landscape .
architect shall be submitted for review and approval prior to, or in conjunction with Final
Plat submittal.
8:. All electrical lines and other utilities shall be underground unless granted special review
use approval for aboveground systems as required by Section 17.04.060(c) of the Avon
Municipal Code.
9. Construction, grading and/or building permits may be subject to special inspection and
review fees to be determined at the time of permit issuance.
10. Establishment and dedication of an east-west pedestrian and bicycle route to the
east from Traer Creek Run to US Forest Service Property in conjunction with
development of Planning Area RMF-1.
11. Dedicate a pedestrian and bicycle route to the north and west from Traer Creek
Run to the U.S. Forest Service parcel in conjunction with the development of this
subdivision parcel.
•
Prel Subd Res 06-14 Amended
Page 2 of 3
12. Include sidewalk along Traer Creek Run as a part of the final road construction
plans and final plat approval.
13. Subdivision Improvements Agreement must be approved by the Town of Avon
concurrently with Final Plat Approval and the corresponding security must be
submitted to and accepted by the Town prior to recording of the Final
Subdivision Plat.
14. Completion of technical corrections as identified by Town Staff.
ADOPTED THIS 27' DAY OF JUNE 2006.
YSS
I~4
yF~ ~ o
ATTEST:
r`•`'•--•-
IV
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P tly ~cKenny, To Jerk
TOWN COUNCIL
TOWN OF AVON, COLORADO
C7
Ronald C. Wolfe, Mayor
U
•
Prel Subd Res 06-14 Amended
Page 3 of 3
Exhibit C
TOWN OF AVON, COLORADO
• RESOLUTION NO. 06-13
Series of 2006
A RESOLUTION APPROVING SUBDIVISION VARIANCE INCREASING
ALLOWABLE ROAD GRADE- FROM EIGHT-AND ONE HALF-PERCENT TO NINE
ANW ONE HALF PERCENT ON TRAER CREEK RUN` IN THE PROPOSED
PRELIMINARY PLAT 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 1/4, Section 8, Township 5 South,
Range 81 West of the 6h 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 Agreemeni-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 subdivision variance application; and
0
WHEREAS, The Town held a public hearing at which it received evidence and
testimony concerning the Subdivision Variance, 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 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 / 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:
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.)
2. Subsequent approval and recording of Final Subdivision Plat corresponding to
Preliminary Subdivision Plan as submitted with this Variance Application.
ADOPTED THIS 1 DAY OF March 2006. •
- - ? TOWN COUNCIL
r r F`-csoc
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST: ~C_ LQ
P~ F9.
P y M Kenn t Clerk
•
Resolution No. 06-13 V@Avon Filing 4 Variance
Page 2 of 2
Exhibit D
Pnst, Office Box 975
400 Benchmark Road
Avoca... a srrtoke firee community Aeon, Colorado 81620
February 15, 2008
Kent Kriehn
Alpine Engineering
PO Box 97
Edwards, CO 81632`
Re: The Village (at Avon) Filing 4, Final Plat and Subdivision Improvements
Agreement
Dear Kent:
970-748-4000
970-949-0139 lax
Relay recognized
r« iii. c: v.^,n.0rg
This letter is to.acknowledge your submittal on January 15, 2008, in response to the
Town's comments on October 20, 2006, on your prior submittal of a Final Plat for The
Village (at Avon) Filing 4. Set forth below is an outline of the remaining items that need
to be resolved before the Final Plat can be scheduled for Town Council consideration.
The remaining issues with the construction plans could be a condition of the approval of
the Final Plat, though we would prefer to resolve them as soon as, possible. The issues
with the Subdivision Improvements Agreement (SIA), however, must be satisfactorily
addressed before the Final Plat can be scheduled for Town Council consideration.
Subdivision Improvements Agreement:
1. For several reasons, including those described in paragraphs 2 and 3. below,
the form of Subdivision Improvement Agreement you submitted is not
acceptable. The standard Town of Avon SIA template must be used. I have
attached a copy of it and will email you the computer file. Any deviations .
from the template which you deem necessary because of a unique aspect of
the project must be indicated by underline and strike-through.
The draft SIA you submitted states that the proposed improvements are not
funded and that no collateral will be posted at this time. Per Section
16.24. 100 of the Avon Municipal Code, the Final Plat cannot be recorded
until the SIA is executed and sufficient collateral is provided.
The Subdivider's proposal for the Town of Avon Engineering Department to
approve the Progress Pay Requests has proven unsatisfactory because it does
not provide for adequate collateral and because the associated test reports and
letters of acceptance from the utility providers are not received by the time the
Progress Pay Requests must be processed. Therefore; the Subdivider must
provide collateral in a form that conforms to the requirements in
Section 16.24.100 of the Town of Avon Municipal Code.
0
4. The draft SIA proposes breaking the project up into two phases, with the
wetlands and associated improvements in the first phase and the water tank in
the second phase. Staff supports phasing the project, with the wetlands and
associated improvements in the first phase. If the Subdivider would like to
split the improvements into two different SIAs, that would be acceptable to
staff. That way, the Subdivider could provide collateral now for the first
phase and postpone providing collateral for the second phase which is
proposed to be constructed several years later. Please be aware, however, per
Section 16.24. 100 (1) the plat would not be recorded until after the installation
and acceptance of all of the improvements or when collateral is in place for
the remaining improvements.
5. Per Section 16.20. 100 of the Avon Municipal Code, the Preliminary Plan will
expire on June 27, 2008, two years after it was approved. The approval may
be extended for good cause shown, but the request must be submitted to the
Town Clerk 60 days before the approval expiration. Based on information
provided to me and the time involved in making the latest revisions, it appears
that the SIA and Final Plat may not be executed and approved by Council
before the Preliminary Plan expires. Therefore, I recommend that the
Subdivider apply for a two year extension.
Construction Plans:
6. Updated approval letters from the following organizations must be provided:
a. Army Corps of Engineers.
b. Eagle River Water and Sanitation District.
c. The Village (at Avon) Master Design Review Association.
7. Staff recommends relocating the 100' Electric Easement to the actual location
of the power lines.
8. The dates on the Final Plat must be updated to reflect that it is 2008.
9. The utility plans do not include sanitary sewer. This indicates that future
construction will require demolition and reconstruction of the road to install
sanitary sewer. Staff recommends installation of sanitary sewer during
construction of the proposed road.
10. The HP Geotech letter, dated March 22, 2005, indicates the 1.75:1 slope has
"some potential for slope movements". This is unacceptable because this will
be the only route to the homes on the hill. The maximum allowable slope is
2:1, and as a result, the grading plan in this area must be updated to reflect 2:1
is
•
•
i
r
i
Il.
12.
13.
14.
s
15.
16.
17.
slopes. Retaining walls may be necessary in this area to keep the maximum
slope of 2:1.
Please clarify note 6, sheet 2, of the Bates Engineering drawings.
Sheet D13 of the Bates Engineering drawings shows a chain link fence detail
that is not indicated on any of the site plans. Please indicate where it is
proposed or remove the detai I.
Please provide sheets L 1.01 and L 1.02 for review.
Drainage pipes located on Sheet 6 of the Alpine Engineering (AE) drawings
should be extended to the drainage channel.
The pipe extending from the water tank on sheet 7 of the AE drawings
towards the northeast then crossing the access roads should be labeled.
RCP pipe is required for drainages that cross beneath the ROW.
The Typical Subgrade Road Section (17+75 to 27+50) on sheet 16 of AE
drawings must include the 2' wide shoulders required by the PUD design
guidelines.
If you have any comments or questions about this letter, please give me a call at (970)
748-4045 and we can set up a meeting.
Sincerely,
ustin HiI th,
Town Engineer
Larry Brooks, Town of Avon
Eric Heidemann, Town of Avon
John Dunn, Town of Avon
File
•
Exhibit E
TTE JHNS,N
ROBINSON NEFF+RAGONETTIPC
April 16, 2008 .
BY U.S. MAIL AND EMAIL 1JHILDRETH@AV0N.0RG1
Justin Hildreth
Town Engineer
Town of Avon
P.'O. Box 975
Avon; CO 81620
Re: The Village at Avon Filing 4; Water Tank
Dear Justin:
MUNSEY L. AYERS
303 5757555 '
MUNSEY(!;OTTENJOHNSON.COM
•
Based on our April 4 telephone discussion, and pursuant to paragraph 5 of your February 15, 2008 letter to Kent
Kriehn, this letter formally requests a two year extension of the Filing 4 Preliminary Plan approval through and
including June 27, 2010. By copy of this letter to. Patty,McKenney, 1 also am submitting this request to the
Town Clerk as your February 15 letter directs.
Separately, in a letter that will follow this request for extension, I would like to confirm and.expand upon our
April 4 discussion by outlining a proposed approach to enable construction of the water tank,-access road,
wetlands mitigation, and related public improvements during,the period of extension and prior to final action on
the Filing 4 Final Plat and associated subdivision improvement agreement.
Section 16.24. 100 of the Town Code requires that no final plat be recorded until either (a) the requisite public
improvements have been installed pursuant to clause (1); or (b) collateral has been provided to assure
completion pursuant to clause (2). Based on clause (1), I inquired with you as to whether it would be possible.
for construction of the Filing 4' improvements to proceed without having to first obtain approval and recordation
of the Final Plat. Your provisional answer, subject to working through the details and confirtniing.internally,
was that this should be possible.
We view this as a very productive discussion to pursue. Therefore, we would like to confirm that this approach
is viable and to further confirm what the permitting and related requirements will be so that Traer Creek
Metropolitan District can be in a position to proceed with its bond issuance with assurance that it can proceed
with construction promptly following the bond closing. To that end, I will submit a letter to you that outlines
the process as we see it. We then would like to obtain the Town's written comments on and, after incorporating
any supplemental or modified information that you believe pertinent,'concurrence with that process. It would be
our expectation that the foregoing will provide a framework for the developer and the Town to work
950 SEVENTEENTH STREET SUITE 1600. DENVER COLORADO 80202 P 303 825 8400 F 303 825 6525 OTTENIOHNSON.COM •
DENVER ASPEN VAIL VALLEY STEAMBOAT SPRINGS
Justin Hildreth
April 16, 2008
Page 2
cooperatively during the period of the requested extension of the Preliminary Plan to enable the bond issuance
and subsequent construction' of the water tank and related improvements.
I appreciate your willingness to work through these issues and find a way to.solve the "chicken and egg"
situation of enabling financing of the water tank and related improvements, and I look forward to further'
clarifying and documenting that solution with your continued input and assistance: In the mean time, please
process the two year extension of the Filing 4 Preliminary Plan as requested above. If you require further
information from me in that regard, please do not hesitate to contact me:
Bes ards
10
Aunsey . rNSON, /
for
OTTEN, JO O I NSON, NEFF &.RAGONETTI, P.C.
MLA/abm
. cc (by email): John Dunn,. Esq. Odunn@jwdunnlaw.com)
Patty McKenney (pmckenny@avon.org)
Magnus Lindholm (magnuslindholm@traercreek.com)
Dan Leary (danleary@traercreek.com)
Darlene Sisheros, Esq. (dsisneros@mcgeadysisneros.com)
Kent Kriehn'(kriehn@alpinecivil.com)
.
8303852
0
Exhibit F
Post Office Box 975
400 Benchmark Road
Avon... a smoke free community Avon. Colorad..r) 816-10
570-74&40!X1
970-949-9139 F'a.r
Relay recognized
wnvw,avan.crg
April 30, 2008
Munsey L. Ayers
Often, Johnson, Robinson, Neff & Ragonetti; P.C.
950 17°i Street, Suite 1600
Denver, CO 80202
Re: The Village (at Avon) Filing 4, Final Plat and Subdivision Improvements Agreement
Dear Munsey:
This. letter is in response to your April 16, 2008, letter regarding The Village (at Avon) Filing 4
Preliminary Plan and Subdivision Improvements Agreement (SIA). In the letter, you requested a
2-year extension of the The Village (at.Avon) Filing 4 Preliminary Plan approval. The extension
request does not show "good cause" pursuant to Avon Municipal Code (AMC) .16.20.110. Please
submit a revised request letter in compliance with AMC 16.20.110, and Staff-will schedule the
extension request for Town Council hearing. Staff will only support a I-year extension of the
Preliminary Plan if the extension request meets the requirements of such good cause.
On March 25, 2008, Staff received a copy of the attached July 2001 Cultural Resource Inventory
Report (Report) that was prepared by Metcalf Archeological Consultants.of. Eagle. The.report
was prepared for Traer Creek LLC and was a requirement of CDOT to construct the Post Blvd
interchange. The Cultural Resource Inventory Report identified 9 sites within the Village at
Avon, of these two may be eligible for the National Register of Historic Places since they hold
some data potential. One of the sites along Nottingham Gulch (identified as 5EA1736 in the
report) may be located within the area to be disturbed for the construction of the Filing No. 4
improvements. The report states that data recovery of the site is a feasible option since it is not
located where in-situ preservation.is the best option.
The Report only provides a general location for the site. As a result, Staff attempted to visit the site to
better determine the location arid impacts of the Filing 4 construction but was unable to do so. Staff is
recommending that a condition be added to the Filing 4 Village at Avon extension that requires an
analysis of the impacts of the Filing 4 construction on the site and if there is any-disturbance in that
area, that the developer undertake a data recovery of the prehistoric site.
The second part of your April 16, 2008, letter relates to phasing construction of the Filing 4
improvements and the final plat and SIA. Town Staff is willing to consider your proposal to
construct the Filing 4 improvements prior to recording the Filing 4 Final Plat subject to the,
following conditions: First, the developer must enter into a SIA before any improvements are
constructed per Section 16.24.100'(i) of the AMC, Second, Staff will not-support the Town
entering into a SIA for a proposed development that is not fully funded because there must be
acceptable collateral ensuring that the project will be completed. Staff will support omitting the
collateralization of the tank if there is a separate agreement with the Upper Eagle Valley Water
Authority that guarantees and collateralizes completion.
E
Munsey L. Ayers
April '30, 2008
Page 2 of 2
Please submit a proposal that clearly outlines how the developer would like to fund and phase the
SIA and that complies with the AMC. If you have any comments or questions about this letter,
please give me a call at (970) 748-4045 and we can set up a meeting.
Sincerely,
lbstin Hild , E
'own Engineer
cc: Larry Brooks, Town of Avon
Eric Heidemann, Town of Avon
John Dunn, Town of Avon
File
Exhibit G
OTT JOHNSON
ROBINSON NEFF+RAGONETTIP,
June 18, 2008
MUNSEYL AYERS
303 575 7555
MUNSEY@OTTENJOHNSON.COM
BY U.S. MAIL AND EMAIL jJHILDRETH@AVON.ORGJ
Justin Hildreth
Town Engineer
Town of Avon
P. O. Box 975
Avon, CO 81620
Re: The Village at Avon Filing 4; Water Tank
Dear Justin:
As contemplated by my April 16, 2008; letter requesting a two year extension of the Filing 4 Preliminary Plan •
approval, this letter outlines a proposed approach to enable construction of the water tank, access road, wetlands
mitigation, and related public improvements during the period of extension and prior to final action on the Filing
4 Final Plat and associated subdivision improvement agreement.
Also, as detailed below, this letter responds to the main points your April 30 letter as follows:
• "good cause" pursuant to AMC Section 1 6.20.100 for requested 2 year extension: The referenced
section provides not direction regarding what might constitute "good cause.". As described more fully below,
this is simply, a very pragmatic request based on the fundamental reality that there is no present ability to
provide the funding necessary to construct the tank improvements that the Town (in our opinion,
inappropriately) has asserted must be collateralized through an SIA as condition of final plat approval and
recordation. The requested 2 year extension serves to good causes in that (1) it avoids the need for the parties to
engage in!a dispute regarding the proper scope of collateral ization and the proper scope of public improvements
serving the lots created by the plat; and (2) it enables what we view as adequate time to put in place the,
arrangements to fund and commence construction of the tank site improvements and complete processing of the
final plat without further need for extension. With regard to point (2) above, as the discussion below should
demonstrate, a I-year extension is not adequate.
• Condition regarding archeological site: We previously have addressed this issue through the Metcalf
report mentioned in your letter.and are generally amenable to reasonably addressing this issue consistent with
the report and generally applicable AMC requirements in like manner as the Town requires of other
developments. As to the proposed condition, we would have to see and evaluate the language and hope to work
through that with staff in a cooperative manner. Additionally, since we anticipate that permits must be issued by
950 SEVENTEENTH STREET SUITE 1600 DENVER COLORADO 80202 P 303 825 8400 F 303 825 6525 oTTEN10HNSON.COM
DENVER ASPEN VAIL VALLEY STEAMBOAT SPRINGS
Justin Hildreth
June 18, 2008
Page 2
the Town prior to commencement of any work on the tank site improvements; including any grading activities,
we believe the condition you propose would more appropriately be incorporated as a requirement of the permit
itself, and that adding it as a condition of the extension may well be premature.
• "Fully funded" S1A collateralization: I do not understand your interpretation of AMC Section
16.24.100, as your statement that a fully funded SIA must be in place prior to construction of the public = .
improvements is directly contrary to the actual language which states that no final plat can be recorded until
either the public improvements have been installed (per clause (1)) or collateral is in place to assure completion
(per.clause, (2)).: Your letter seems-to focus only on clause (2). As described below, we are proposing to
proceed pursuant to clause (1).
By way of context, Traer Creek Metropolitan District's ("TCMD") ability to' fund these public improvements is
contingent on its ability to issue one or more new series of bonds, or to arrange for alternative financing sources
("Tank Sife Financing"). TCMD's ability to secure the Tank Site Financing will be confingent'on,
Commiiments from users for additional commercial development within The'Village (at Avon).. In turn,
securing the Tank Site Financing and commitments for users within the next phase of commercial development
each are predicated on the ability to obtain the necessary constructionand'grading'permits'from the Town'of '
Avon for both the water tank improvements and the vertical construction within'the next phase of comrercial`:
development. These logistical impediments and associated timing difficulties have*created the "chicken and''
egg"'issue that has complicated our discussions regarding the subdivision improvement agreement for the Filing
4. Final Plat.,
Based on our April 4 telephone discussion regarding a process to obtain the'necessary construction and grading
permits prior to approval and recordation of the Filing 4 Final Plat, this letter outlines the process as the
developer and TCMD envision it, identifies issues with respect to which we are requesting direction and
concurrence from the Town, and seeks the Town's written confirmation of the process in order that TCMD may
be in a position to rely on this process in marketing its next series of bonds to finance construction of the water
tank and related public improvements.
Once we have reached and documented a mutual understanding regarding this approach and the developer has
obtained sufficient commitments for users within the next phase of retail development, TCMD will be in a
position to promptly proceed with the Tank Site Financing. Once TCMD has funds available, it will be in a'
position to commence construction of the, Work (defined below), complete processing of the Filing 4 Final Plat,
and provide any assurance of completion that may be required'at the appropriate'time. TCMD would be able to
proceed with construction of the Work without the Filing 4 Final Plat having been approved and without having
to provide assurance of completion, and potentially to complete all'or a part of the Work prior to Filing 4 Final
Plat approval or vertical construction within The Village (at Avon). However, assurance of completion for any
uncompleted portions of the Work would be required in connection with the earlier of: (a) Filing 4 Final
Plat/subdivision improvements agreement; or (b) granting of a building permit for vertical construction within
affected areas of The Village (at Avon).
The scope of work anticipated to be financed and constructed pursuant to the Tank Site-Financing is set forth in
Appendix A (the "Work"). The Work will be performed in accordance with construction plans and
0
Justin Hildreth
June 18, 2008
Page 3
specifications submitted to and approved by you, in your capacity. as Town Engineer; prior to commencement of
construction (as revised from time to time and approved by the Town upon request of the developer aitd/o"r
TCMD, as applicable, the "Approved Plans").
The Work will be completed in phases, as described in Appendix B. Phase I consists of two.subphases,
designated as the Traer Creek Run Subphase and the Wetlands Mitigation Subphase. Phase II also consists of
two subphases, designated as the Regional. Tank Access Road Subphase and the Water Storage Tank Site
Improvements/Holy Cross Access Road Subphase.
The Approved Plans will be substantially consistent with The Village (at Avon) August 2006 Final Plans set
forth in Appendix C ("Plan Set"), consisting of: (i) Cover Sheet; (ii) Grading and Drainage Plans, sheets 2
though 21, prepared by Alpine Engineering,. Job No. 8206; (iii) Landscape Plans and Visual Analysis, sheets
1-1.01 and L1.02, prepared by. VAg,.Inc., Project No. 2534; (iv) Culvert Headwall Plans, sheets HW-1 through
HW-4, prepared by Golder Associates, Project No: 053-2363; (v) Retaining Wall Plans, sheets 'RW-1 through .
RW-9, prepared by Golder,Associate5, Project No. 053-2363A2; and (vi) Tanks_Plans (including Tank Details,
Tank Piping, and Telemetry, Instrumentation and Control Layout, sheets S-1'through 522, D1. through D13, P1
through P8 and.11, prepared by Bates Engineering, Project No. 04:026. 'As discussed below, the Plan Set is in
the process of being revised in response to your prior comments, and we will forward the next iteration of the
Plan Set for your further review When the revisions have been completed.
•
Based on the foregoing, our understanding of the process going forward would be as; follows: •
• Required Third Party Approvals. Pursuant to item 6 of your February 15, 2008, letter, updated
approval letters will be required.from the_following organizations:
• U.S. Army Corps of Engineers, with respect to the Wetlands Mitigation Subphase of Phase I.
• Eagle River Water and Sanitation District, with `respect to (a), the "Water" category within the
Traer Creek Run Subphase of Phase 1; and (b) Phase 11.
• The Village (at Avon) Master Design Review Association, with respect to any component of the
Work for which a building permit is required to be issued by the Town.
• Plan Set/Approved Plans. Certain of the following issues identified. in your February 15, 2008, letter
are pertinent to your approval of the Plan Set/Approved Plans, while others are pertinent to the Filing 4 Final
Plat or other anticipated development. We anticipate that you will complete your review and fnalize your
approval of the Plan Set/Approved Plans generally along the following lines:
• items 6 through .17 of your February 15, 2008, letter to Kent Kriehn set forth. certain relatively
minor issues that will need to be resolved before you, in your capacity as Town Engineer, would be in' a position
to recommend approval, of the Filing 4 Final Plat. In order to enable you to approve the Plan Set as
contemplated herein, our responses are as follows:
0
• Justin Hildreth
June 18, 2008
Page 4
• ' ' Item 6 - Updated approval letters from:
• Army Corps of En ineers: The previously issued Section 404 permit has
expired. Reaching an.understanding with you regarding the process discussed in this letter and, based on that
understanding, obtaining a better"sense of when TCMD will be in, a position'to,actually proceed with the Work
from a procedural standpoint, will put us in a position to proceed with obtaining a new permit and approval
letter for the Wetlands Mitigation Subphase. While we are prepared to undertake steps to resolve those items
with the Corps, we hope to coordinate those efforts so that the Wetlands Mitigation Subphase can be
accomplished within the term of the newly issued permit. Therefore, it is necessary to reach resolution with you
regarding the process for obtaining the necessary Town approvals so that we can coordinate these processes
effectively.
• Eagle River Water and Sanitation District: The Plan Set is being revised in
response 6 yogr comments and comments from the service provider. Therefore, we anticipate having this
approval letter once the current revisions have been reviewed and approved.
• The Village (at Avon) Master Design Review Association: Written approval
will be obtained-once the Plan Set is finalized and you have indicated that-you are in a position to approve. Jt is
my understanding that this approval letter is needed for issuance of building permits per the terms of the
• annexation agreement, but not for approval of the Plan Set. In any event, we do not anticipate any delays or
issues on this approval letter.
• Item 7 - Reflect 2008 date on Filing 4 Final Plat: Based on the approach contemplated'
in this letter, the date on the Filing 4 Final Plat will be updated in the future to reflect the current date at
the time of final action by Town Council on the Filing 4 Final Plat. The revised Plan Set will be dated
current.
• Item 8 - Relocating 100' electric easement to correspond to actual power line -location:
We see this as a Filing 4 Final Plat issue, and not an issue pertinent to final approval of the Plan
Set/Approved Plans. Therefore, we will work with Holy Cross to resolve this by a private easement
prior to completing the Filing 4 Final Plat process so that the revised easement can be properly reflected
in the Filing 4 Final Plat. We anticipate that this will be by separate easement document rather than a
plat dedication, but that the plat will reflect the revised easement area. In the mean time, however, we
do not view this issue as impacting your ability to approve the Plan Set/Approved Plans. .
o Item 9 - Inclusion of sanitary sewer in utility plans: The Plan Set contemplates that the
Traer Creek Run Subphase will'be an interim, unpaved road. Prior to platting of residential' lots that will
be accessed by this road, it will simply provide access to the water tank site for constriction and
subsequent maintenance and operations purposes. It will be constructed in the final alignment and.in
compliance with applicable requirements to facilitate final paving, but will not include utilities that are
not necessary for operation of the water tank. Prior to paving, the water district will have an access
easement. Sanitary sewer and any other utilities necessary to serve the residential lots will be installed
at a later date when this segment of the road is paved to provide public access to the residential lots. In
0
Justin Hildreth
•
June 18, 2008
Page 5
sum, the final road improvements would be accomplished in connection with the initial final plat for
residential development serviced by this road, and not in connection with the Plan Set/Approved Plans
or the Filing 4 plat.
• Item 10 -Update grading plan for maximum 2:1 slope/retaining walls: This will be
addressed in the revised Plan Set.
• Item 11 - Clarification of Note 6, Sheet 2, Bates Engineering drawings: This will be
addressed in the revised Plan Set.
• . Item 12 -Chain linkfence per Sheet D13 of Bates Engineering drawings: This will be
addressed in the revised Plan Set.
• Item 13 -Provide Sheets LI.Oland L1.02 for review: This will be addressed in the
revised Plan Set.
• Item 14 - Extend drainage pipes shown on Sheet 6 of Alpine Engineering drawings to
drainage channel: This will be addressed in the revised Plan Set.
• Item 15 - Labeling ofpipe shown on Sheet 7 of Alpine Engineering drawings: This will •
be addressed in the revised Plan Set.
Item 16 - Reflect RCP pipe for ROW crossings: This will be addressed in the revised
Plan Set.
• Item 17 - Incorporate 2' wide shoulders in Sheet 16 of Alpine Engineering drawings:
We anticipate that this will be addressed by modification of the typical sub-grade road section, per the
Town's request, to incorporate the 2' wide shoulder. As reflected in the above discussion regarding
item 9, this will be accomplished through the final plat approval process for the residential lots to be
serviced by the final construction of the road and conversion from temporary private access to the water
tank site to public access to the residential lots.
• Once the foregoing matters have been resolved to your satisfaction, you will provide written
documentation of your approval of the Plan Set. Once that approval is granted, the Plan Set would become the
Approved Plans.
• Subject to obtaining all required permits and third party approvals, as outlined herein, TCMD
would be authorized to proceed with financing and construction of the Work, in phases as described herein, in
accordance with the Approved Plans. Except upon request of TCMD and/or the developer, as approved by the
Town, the Approved Plans would not be subject to further modification.
40
• Justin Hildreth
June 18, 2008
Page 6
• Required Permits (Town of Avon). Upon satisfaction of the foregoing, and upon receipt of a complete
application from and payment of applicable fees by the developer and/or TCMD, the Town would issue the
following permits:
e Grading Permits for each Phase or Subphase, as applicable, which would authorize all -
excavation, site"grading, cut,'fll, compaction and erosion control measures associated with the relevant Phase or
'Subphase, inclusive'of any road construction, utility installation and retaining wall construction.
• Building Permit for construction of the Water Storage Tank component of Phase ll.
• A permit authorizing work to be performed in the public right of way'may be required in
connection with tying the Traer Creek Ruin Subphase to existing improvements extending north from the
interchange and roundabout. .
• No further or additional permits would be required from the Town" of Avon. However, we may
have to obtain permits from other entities, such as a state storm water permit.
Y Tank Site Financing.
• Once you have issued your written approval of the Plan Set and the developer has obtained
sufficient commitments from additional retail users to enable TCMD to underwrite a new series of ;bonds,
TCMD will proceed with the Tank Site Financing in reliance on the Approved Plans and Town assurance of
ability to obtain permits form the Town as described above.
In connection with the Tank Site Financing, the Town will provide written confirmation of
TCMD'.s ability to obtain the' permits (if not previously obtained) and commence the Work as outlined above, '
which written confirmation may include an opinion letter from the Town's legal counsel with respect to the,
foregoing and other matters required by bond counsel.
• Proceeds from the Tank Site Financing will be deposited in a TCMD account, in accordance
with the bond indenture, for the specific purpose of financing construction of the Work.
• The foregoing account will be available to provide assurance of completion of the Work in
satisfaction of the subdivision improvements agreement requirements in conjunction with Town approval of the
Filing 4 Final. Plat or issuance of building permits for vertical development within The Village (at Avon) as
described below.
Vertical Construction Within The Village (at Avon).
• Prior to TCMD obtaining the Tank Site Financing, further vertical development within
residential and commercial areas of The Village (at Avon) may occur only with written verification from Eagle
River Water and "Sanitation District of its ability to serve such vertical development without completion of, or
0
Justin Hildreth
June 18, 2008
Page 7
upon commencement of construction of, the water tank; provided,, however, that the foregoing shall not apply to
construction of the emergency services'faciiity within.Planning Area N.
• Prior to approval of the Filing 4 Final Plat, execution of the associated subdivision
improvements agreement and provision- of assurance of'completion for the Work, issuance of building permits
for vertical construction within The Village (at Avon).(other than the.emergency.services faciliry.within
Planning Area N) will be conditioned on the applicant or TCMD providing assurance. of completion of the water
tank. Final certificates of occupancy will not be granted until substantial completion of the water tank and
preliminary acceptance of the water tank by Eagle River Water and Sanitation District.
• After approval of the Filing 4 Final Plat, execution of the associated subdivision improvements
agreement and provision of assurance of.completion for uncompleted portions of the Work, issuance of building
permits for vertical construction within The Village (at Avon) will be granted upon the Town's receipt of a
complete submittal, payment of applicable fees, and compliance withapplicable building codes. Final
certificates of occupancy will be granted in accordance with the Town's generally applicable regulations.
Approval and Recordation of Filing 4 Final Plat.
C Concurrently with obtaining the Tank Site Financing, or at any time thereafter prior to
expiration.of the Preliminary Plan approval (as extended), the developer and TCMD will complete processing •
of, and the Town Board will take .final action on, the7Filing 4 Final Plat and related subdivision improvements
agreement.
• Assurance of completion of the Work will be provided as required in the subdivision
improvements agreement:- and may be satisfied by the funds being maintained by TCMD in a. dedicated account
with respect to which, the Town will have access in the event of a default by TCMD of its obligations under, the
subdivision improvements agreement.
Miscellaneous.
• We anticipate that the procedures for inspection and acceptance of the Work will occur by
subphase. To the extent that. TCMD has provided collateral to assure completion or warranty collateral,-such
collateral will be released:upon preliminary, or final inspection and acceptance, as applicable.
0 _ Any portions of the Work to be dedicated to the Town or TCMD will be subject to. generally
applicable Town standards for inspection, acceptance, warranty periods, warranty collateral and similar matters.
• TCMD will retain ownership and maintenance responsibility for the portions of the Work
within the Traer Creek Run Subphase and the Wetlands Mitigation Subphase (and potentially including some or
all retaining walls within Phase II). .
E
• Justin Hildreth
June 18, 2008
Page 8
• Portions of the,Work to be dedicated to utility providers (and not to the Town) will.be subject to
the generally applicable-standards of the applicable utility provider with respect to inspection, acceptance,
warranty period, warranty collateral and similar matters.
While it is my hope that this letter provides a good outline of the potential process, I also recognize that various
of the points discussed above will require further discussion and mutual effort to reach a final resolution. Please
review and provide your feedback on the foregoing. 1 should also point out that working through those points
should not require delaying. action on-the requested 2 year extension and, in point of fact, is part of the rationale
providing "good cause" for the 2 'year request. The 2 year extension will enable sufficient time to work through
the necessary details to implement the approach we are proposing, and to thereafter enable TCMD to obtain the
funds that will enable construction to commence and processing of the final plat application to occur as
generally described above.
Again, thank you for your efforts to work through these issues and achieve "a workable solution that addresses
the practical realities while also addressing the legitimate and reasonable objectives and needs of the Town,
TCMD and the developer. .
Best regards,
Munsey L. 7Ay's J
for
OTTEN, JOHNSON, ROBINSON, NEFF & RAGONETTI, P.C.
MLA/abm
cc (by email): John Dunn, Esq. Odunn@jwdunnlaw.com)
Magnus Lindholm (magnuslindholm@traercreek.com)
Dan Leary (danleary@traercreek.com)
Darlene Sisneros, Esq. (dsisneros@mcgeadysisneros.com)
Kent Kriehn (kriehn@alpinecivil.com)
is
APPENDIX A •
DESCRIPTION OF IMPROVEMENTS
Phase I
1. Mobilization
II. Roads - Includes Excavation, Embankment, Fine Grading, Sub-Base Materials &
Preparation, Road Base and other Incidental Construction per Approved Plans &
Documents.
A. Traer Creek Run from Swift Gulch Road roundabout to Regional Tank Access
Road
III. Utilities
A. Water
IV. Erosion Control
A. Stabilized Construction Entrance
B. Stone Outlet Sediment Traps
C. Erosion Control Matting
D. Silt Fence, Wattles & Other Temporary Erosion Control Facilities
E. Riprap
V. Storm Drainage •
A. Storm Drain Pipes
B. Inlets and Headwalls & Rip-Rap
C.' End Sections
VI. Wetland Mitigation Ponds
A. Pond Grading
B. Liner
C. Grouted Riprap Channel
D. Concrete Sill
Phase II
1. Mobilization
II. Water Storage Tank
III. Roads - Includes Excavation, Embankment, Retaining Walls, Fine Grading, Sub-Base
Materials & Preparation, Road Base, Guardrail and other Incidental Construction per
Approved Plans & Documents.
Appendix A-1 0
A. Regional Tank Access Road to Holy Cross. Energy Access Road and Holy Cross
Energy Access Road
IV.
Utilities
A. Water
V.
Retaining Walls
VI.
.
Erosion Control--,
A. Silt Sack
B. Erosion Blankets
C. Riprap
D. Silt Fence, .Wattles & Other Temporary Erosion Control Facilities
'VII.
Storm Drainage.
A. Storm Drain Pipes
B. Inlets and Headwalls & Rip-Rap
C. Manholes and End Sections
VIII.
Shallow Utilities
A. Electric
APPENDIX B •
DETAIL OF PHASING
THE VILLAGE (.AT AVON) PHASE I
TRAER CREEK RUN AND WETLANDS MITIGATION
(a) Traer Creek Run Subphase
Description
Dedicated To/
Owned & Maintained B
General
1
Mobilization
2
Construction Surveying
Roads
TCMD
1.
Clearing
2
Obstruction Removal
3
Topsoil Remove and Stockpile
4
Topsoil Replace (4")
5
Excavation
6
Embankment_
7
Class 6 ABC (4" Depth)
8
Barricade (type 3M-A)
9
Relocate Chain link fence
M-607-2 Single Gate
Water
ERWSD
1 .
16" DIP
2
16" Gate_ Valve
3
'12" DIP
4
12" Gate Valve
5
16"x16"x12" Tee
6
Fire Hydrant Assembly (9')
7
Remove Air Release Vault
Erosion Control
TCMD
1
Stabilized Construction Entrance
2
Silt Fence
-3
RipRap d50.= 24". .
4
Stone Outlet Sediment Trap
5-
Wattle_
6
Ditch Revegetation with matting (4' wide)
landlock'
7
Revegetation
Drainage
TCMD
1
84" CM P
2
84" Headwall
Appendix B-1
•
•
•
9
THE VILLAGE (AT AVON) PHASE I
TRAER CREEK RUN AND-WETLANDS MITIGATION
(b) Wetlands Mitigation Subphase
Description
Dedicated To/
Owned & Maintained B
Wetland Mitigation
Ponds _
TCMD
1
Clearing
2
Obstruction Removal
3 '
Topsoil Remove & Stockpile
4
Topsoil Replace (18" on liner)
5
Topsoil Replace (4" on disturbed areas)
6
Excavation
7
Embankment
8
Bentomat Liner
9
Grouted RipRap Channel
10
Concrete. Sill
11
Revegetation
Drainage
TCMD
1
D Inlet
2
36" RCP
3
36" RCP End Sections
4
- RipRap d50 = 12"
_
THE VILLAGE (AT AVON) PHASE II
TANK ACCESS. ROAD AND WATER TANK
(a) Regional Tank Access Road Subphase
-
Description
Dedicated To/
Owned & Maintained By,
General
1
Mobilization
2
Construction Surveying
Roads
1
Clearing
TCMD
2
Obstruction Removal
3,
Topsoil Remove and Stockpile
4
Topsoil Replace (4")
5
Excavation
6
Embankment
7
Guardrail - Holy Cross Energy Access Rd.
8
Guardrail End Anchors
9
Class 6 ABC (4" Depth)
Appendix B-2
THE VILLAGE (AT AVON) PHASE.11
TANK ACCESS ROAD AND WATER TANK
Erosion Control
TCMD
1
Silt Fence
2
RipRap d50 = 9"
3
RipRap d50 = 24"
4
Wattle
5
Silt Sack (inlet protection)
6
Erosion Blankets Lan_dloc_k C2
7
Revegetation
Drainage
TCMD
1
C Inlet
2
24"CMP
3
42" RCP
4
84" CMP.
5
84" Headwall
6
24" CMP End Sections
7
42" Headwall
8
42" End Section
(b) Water Storage Tank Site Improvements & Holy Cross
Access Road Sub hase
Description
Dedicated To/
Owned & Maintained B
Water Storage Tank
ERWSD
1
Mobilization and Ongoing Project Costs
2
Water Storage Tank Construction
3
Revegetation
Water
ERWSD
1
16" DIP
2
16" Gate Valve
Retaining Walls
TCMD
1
Permanent Soil Nails. No. 8 Bar (Grade 75)
2
Verification Test Nails
3 '
Permanent_Shotcrete Facing
= 4
Micropile Excavation Stabilization -
5
Wire-faced Mech. Stabilized Earth System
Erosion Control
TCMD_
1
Silt Fence
2
RipRap d50 = 9"
3
Wattle
. 4
Debris Flow mitigation Swale
5
Revegetation
Appendix B-3
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•
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THE VILLAGE (AT AVON) PHASE 11
TANK ACCESS ROAD AND WATER TANK
Drainage
TCMD `
1
18 CMP
. 2
24" RCP
3
24" CMP
4
24" Headwall
5
24" CMP End Sections
6.
24" RCP End Sections
7
4' Diameter Drain Manhole
Shallow Utilities
ERWSD
1
Trenching
2
Electric Conduit 4" (install Only)
3
Secondary Electric 2" Conduit
4
Handhole'
5
UMI-3 Transformer Vault (install only)
APPENDIX-:C
PLAN SET -
(To be provided separately by Kent Kriehn of Alpine-Engineering)
Appendix C-1
•