Loading...
PZC Minutes 11-01-2005Town of Avon Planning & Zoning Commission Meeting 0 VN Minutes November 1, 2005 C O L O R A D O 4:00 pm Work Session with Town Council • Comprehensive Plan Review Eric Heidemann introduced Rebecca Leonard, Design Workshop, to the members of Town Council. Ms. Leonard gave a brief history of the Comp Plan to date and its direction. Conversation revolved around the use of the Comp Plan, uses in various areas, regional /commercial designation, regard to light pollution and definition, historic designations, Town Code definitions and their correlation with the Comp Plan. Continued discussion dealt with vague parameters versus definitive as with building heights and commercial designation, density issues by locations, chronology of the data in the comp plan and it presentation. • Concept Review of 150 Room Hotel Project, Folsom Property, Highway 6 & 24 Call to Order The meeting was called to order at 6:10 pm. II. Roll Call All Commissioners were in attendance. III. Additions and Amendments to the Agenda There were no additions and amendments to the Agenda. IV. Conflicts of Interest There are no conflicts of interest to report. V. Consent Agenda: • Approval of the October 18, 2005 Planning & Zoning Commission Meeting Minutes. • Commissioner Struve requested a change on the Minutes for October 18, 2005, on Page 2, 4th paragraph, "to retain as much of the riverfront and the natural environment but leave as many Cottonwood trees as possible ". Commissioner Struve motioned for approval of the Consent Agenda and Commissioner Green seconded the motion. Motion passed 6 — 0 with Commissioner Evans abstaining due to his absence at the meeting. VI. Unfinished Business - Comprehensive Plan - PUBLIC HEARING Description: The Commission will review the complete draft form of the Comprehensive Plan prior to a recommendation being made to the Town Council. Draft copies are available for review in the office of Community Development and will be available during Work Session. Resolution No. 05 -12. Eric Heidemann opened discussion by his comments on the work session and requested a public comment letter, dated November 1st, 2005, from the Mauriello Planning Group to be entered into the public record. OPEN PUBLIC HEARING Dominic Mauriello, Mauriello Planning Group, representing an owner of property on Nottingham Road, approached the podium to comment. Mr. Mauriello provided to the Commission two letters and continued with comments regarding specificity, redevelopment and possible incentives for redevelopment within the Comprehensive Plan for Nottingham Road. CLOSED PUBLIC HEARING Mr. Mauriello commented that the Land Use Map needed to be reviewed for accuracy. Commissioner Smith motioned to move the Comprehensive Plan to Town Council with addition of the three maps that were added today at Work Session. Commissioner Struve seconded the motion. All Commissioners were in favor and the motion carried unanimously. VII. PUD Amendment / Chateau St Claire - PUBLIC HEARING Property Location: Lots 1 & 2, Chateau St. Claire Subdivision /38390 Hwy 6 & 24 Applicant/Owner. CSC Land, LLC Description: The applicant, Chris Payne of Ballard, Spahr, Andrews & Ingersoll, representing the owners of the property (a.k.a. the Gates on Beaver Creek) is proposing an amendment to the Chateau St. Claire PUD. The proposed amendment to the PUD includes an extension of the development schedule and period of vested property rights. Resolution No. 05 -13 Matt Pielsticker presented the Staff Report to the Commission. In the fifth recital of Planning and Zoning Commission Resolution No. 05 -13, Item a, should read, ".... Goals and Objects has been met as required .... ". Commissioner Savage questioned where the Town stood financially with this project. Tambi Katieb responded that the Town has $100,000 in cash with $60,000 intended as restoration bond and $40,000 for employee housing fee that was to be dedicated when the project received its Temporary Certificate of Occupancy (TCO). This amount is different from the $250,000 restoration bond required by Town Council. Ron Wood, project manager for the CSC Land, approached the podium for Commissioner questions. Mr. Wood related that all items would be finalized by the specified date. OPEN PUBLIC HEARING Drew Dodd, Town of Avon homeowner, commented on the project by questioning what transpires when deadlines are not met and would it be quickly addressed. Commissioner Evans responded that it wouldn't be immediately accomplished. Mr. Dodd continued with commenting on issues of sufficient funds for restoration and having this project accountable for its deadlines. CLOSED PUBLIC HEARING Commissioner Evans questioned Mr. Wood as to why the extension should be granted. Mr. Wood responded that it would benefit the Town with revenue and the basic needs of Avon. Mr. Wood was questioned regarding the funding issue and he responded that there has been an influx of equity money and all contractor debt has been brought current. Mr. Wood continued that they were moving towards the proof and commitment to the Town of Avon Town Council that funding is guaranteed by a lender. Commissioner Evans questioned if that funding is guaranteed at this point in time. Mr. Wood responded that it is a requirement of the PUD Amendment that there be a proven letter to the Council. Loan commitment to cover construction costs and other associated development costs of this project were concerns for Commissioner Evans and he found it difficult to send anything to Town Council without said documentation of development proforma and a loan commitment for costs. Commissioner Smith questioned the lender to be used and was responded that it was one bank. Commissioner Green asked if the building permit had expired and was replied that there have been numerous expirations and extensions on this project. Tambi Katieb interjected that the project was reinstated by MOU by Town Council. The building permit was reinstated to winterize the site only. Commissioner Green questioned if approved what would occur. Mr. Katieb responded that the Development Agreement Amendment was amending the term and certain points of the existing Development Agreement and would be reinstating the Building Permit; the Final Design to the point already adopted, and directed the Commission review Exhibit E, page 14 of the Agreement. Mr. Wood discussed the progression of the project with the ordering of the structural steel and completion of the steel erection by August 16, 2006 and the exterior finishes completion in April of 2007. A commitment/deadline date to prove to the Town that steel was ordered by March 30, 2005 and ordering steel requires a considerable amount of money. A new commitment that the order has been place and the funds have been submitted to the steel company by March 30, 2005. As well, by this date, the CDOT Permit must be back in place from its current expired status. Commissioner Savage asked if the March 30, 2006, deadline were not met what would happen. John Dunn, Town of Avon attorney, approached the podium and commented that the Town has an MOU from CSC Land that requires that CSC Land provide adequate evidence, to the satisfaction of Council, that there are sufficient funds to complete the project and they have a December 13, 2005, Council Meeting deadline. Mr. Dunn continued that if the funding was in place, the project could go on and the other deadlines would be less important, but the problem has been that the project has never been sufficiently funded. Mr. Dunn revealed that this matter was before the Planning and Zoning Commission in order move the deadline from 2006 to 2008 and in doing so required an amendment to the PUD Ordinance and as a change to a zoning ordinance, must be present to Planning and Zoning Commission prior to being presented to Town Council. The Development Agreement was still under negotiations. Mr. Dunn remarked that the MOU stated that the Development Agreement be concluded to the satisfaction of the Council by a December 13th, 2005, deadline as well. Mr. Katieb commented that the Commission has a need for greater information in order to base a recommendation to Town Council. Commissioner Green motioned to approve Resolution 05 -13 which recommends to the Town Council to approve the Amendment to the Chateau St. Claire PUD and Development Agreement which would included the staff recommendations as noted and the additional following conditions, that the Town impose a Performance Bond on the project and that if, and only if, the fiscal financing of the project for its completion, for the entire duration of the project, the financial backup to that extent has been given to the Town Council and is to the satisfaction of the Town Council within the time frame set in the MOU and that this approval expires December 13, 2005, if those conditions are not met. Commissioner D'Agostino seconded and the motion passed 6 — 1 with Commissioner Evans opposing. VIII. PUD Amendment/ Confluence -PUBLIC HEARING Property Location: Confluence /95 Avon Road Applicant. East West Resorts /Owner. Vail Associates Description: A request for an amendment to the Confluence PUD to modify the existing development rights and zoning for the entire property. This application proposes a hotel, retail plaza, high - speed public gondola, condominiums, and fractional ownership residential units. Eric Heidemann presented the Staff Report. John Evans, East West Partners, approached the podium and remarked that a physical model was available but the model did not reflect the latest changes from the previous Planning and Zoning Meeting. He continued with modifications to the view corridor, grade changes, and transition from the river and the river activity area, along with an architecturally rendering. Mr. Evans demonstrated the site plan revisions and building redesign. Commissioner review discussed building heights. Eric Heidemann brought to the attention of the Commission the need for alternative roadway(s) and /or cul -de -sacs for ERFPD access and turnaround in the event the railroad lines were reactivated. Parking, employee housing will be discussed in the upcoming meeting. Commissioner Evans suggested that technical issues be addressed along with the PUD and the preliminary design. OPEN PUBLIC HEARING No public response was provided. CLOSED PUBLIC HEARING Commissioner consensus was for "nuts and bolts" of the project to be discussed by the applicant. Mr. Evans responded that the hotel was to be first phase built. Commissioner Savage motioned to table this application for the next commission meeting. Commissioner Green seconded the motion and all commissioners were in favor. XI. Other Business 1. Application filed by the RR to close the West Beaver Creek Crossing was voluntarily withdrawn. 2. Lot C was withdrawn at the last Town Council meeting. XII. Adjourn Commissioner Green motioned to adjourn. All Commissioners were in favor. The meeting was adjourned at 8:45 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Chris Evans Chairman Phil Struve Secretary