TC Council Packet 11-11-2003STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON 1
NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, WILL BE HELD NOVEMBER 11, 2003, AT 2:30 PM TO BE
HELD AT THE AVON MUNICIPAL BUILDING LOCATED AT 400 BENCHMARK ROAD,
AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE
FOLLOWING:
2:30 PM - 3:00 PM 1) Site Tour of 13 Benchmark Industrial Commercial Area, 411
Metcalf Road, Appeal of Special Review Use Permit for Proposed
Fiasco Restaurant/Tavern, Applicant David Svabik -
(Town Council Members, staff and public to meet at Metcalf Location)
The applicant's special review use application for a restaurant and bar
was denied by Planning and Zoning Commission. Applicant is
appealing the decision to the Town Council at the regular meeting.
The Town Council will tour the site.
3:00 PM - 3:15 PM 2) Village at Avon Municipal Service Model (Stan Bernstein, Larry
Brooks) - Discussion of a development model that will project the cost
(and the recovery of cost) of police services for the Village.
3:15 PM - 4:00 PM 3) Executive Session - (Conferring with Town Attorney)
The topic meets the requirements of C.R.S. 24-6-402-4 (b) - Conferences
with an attorney for the local public body for the purposes of receiving legal
advice on specific legal questions.
4:00 PM - 5:00 PM 4) Council Committee Updates - Council members are assigned to
several committees and update their progress.
Roundabout 4 Project & Proposal from School of Mines Students
(Councilor Wolfe)
Swift Gulch (Mayor Reynolds)
Traer Creek (Councilor Brown)
Marketing (Councilor P. Buckley)
Proposed Lighting Ordinance (Councilor Sipes)
5:00 PM - 5:15 PM 5) Sherwood Meadows -(Scott Wright)
The Town of Avon owns 11 condo units at Sherwood Meadows and
will present ideas to Council for selling them.
5:15 PM - 5:30 PM 6) Staff Updates -
a. Tract J Bridge Update (Norm Wood) - Staff will give a verbal
estimate of expenses incurred to date with the removal of the
pedestrian bridge between Hwy 6 and Sundridge Condos.
b. Holiday Lighting Contest (Jacquie Halburnt) - Discussion about
the annual contest encouraging businesses and residents to put
up holiday lighting.
Consent Agenda Questions
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL. THIS MEETING IS
OPEN TO THE PUBLIC.
TOWN OF AVON, COLORADO
BY: Patty McKenny, Town Clerk
Estimated times are shown for informational purposes only, subject to change without notice.
Town Clerk\Council\Agendas\2003\Avon Council Meeting.03.11.11
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INTERSTATE 70
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Director
Date: November 7, 2003
Re: Monthly Sales Tax Report
Summary:
Staff will present the attached October, 2003, sales tax report to Council on Tuesday and will
be prepared to answer questions and discuss ideas on future presentations of sales tax data.
Town Manager Comments:
Page 1
TOWN OF AVON
SALES TAX BY MONTH
1999 981-991% 2000 991-001% 2001 001-01% 2002 01'-02% 2003 02'-03% Total 5-Yr
Change Change Change Change Change % Increase
January $ 384,939.69 1.45% $ 359,721.88 -6.55% $ 408,217.16 13.48% $ 411,790.30 0.88% $ 416,475.94 1.14% 8.19%
February 397,323.16 5.08% 397,291.59 -0.01% 401,384.50 1.03% 400,493.88 -0.22% 436,108.60 8.89% 9.76%
March 474,933.06 3.20% 457,053.94 -3.76% 503,411.30 10.14% 482,084.42 -4.24% 493,056.54 2.28% 3,82%
April 302,864.19 -2.36% 337,087.43 11.30% 344,079.71 2.07% 289,326.67 -15.91% 311,212.23 7.56% 2.76%
May 265,405.35 6.55% 286,191.36 7.83% 317,331.11 10.88% 299,677.89 -5.56% 292,634.62 -2.35% 10.26%
June 395,755.68 17.24% 398,869.89 0.79% 393,695.61 -1.30% 355,084.11 -9.81% 363,268.64 2.30% -8.21%
July 395,954.38 6.99% 415,978.51 5.06°% 434,867.02 4.54% 399,046.84 -8.24% 337,933.65 -15.31% -14.65%
August 366,648.94 0.97% 400,447.52 9.22% 421,012.61 5.14% 391,457.32 -7.02% 345,833.22 -11.65% -5.68%
September 364,432.54 9.27% 375,400.90 3.01% 356,264.03 -5.10% 335,782.58 -5.75% 329,048.03 -2.01% -9.71%
October 295,541.62 -3.11% 320,796.00 8.55% 361,688.95 12.75% 318,052.07 -1Z06% - -100.00% -100.00%
November 320,335.28 -4.40% 329,170.99 2.76% 333,024.51 1.17% 321,486.88 -3.46% -100.00% -100.00%
December 564,813.35 2.68% 607,777.58 7.61% 615,165.05 1.22% 679,811.56 10.51% -100.00% -100.00%
YTD Total $ 4,528,947.24 3.60% $ 4,685,787.59 3.46% $ 4,890,141.56 4.36% $ 4,684,094.52 -4.21% $ 3,325,571.47 -1.16% 7.15%
Where there is an * in the colum for 2003, we have added the payment in-lieu-of sales tax
YTD Through September Collections
1999-2003
$3,600,000
$3,550,000
$3,500,000
$3,450,000
$3,400,000
$3,350,000
$3,300,000
$3,250,000
$3,200,000
$3,150,000
$380,000
$370,000
$360,000
$350,000
$340,000
$330,000
$320,000
$310,000
$300,000
Year
Monthly Collections for September
1999-2003
1999 2000 2001 2002 2003
1999 2000 2001 2002 2003
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Directo<21,
Date: November 6, 2003
Re: Village at Avon Model
Summary:
The Town has engaged Stan Bernstein and Associates to prepare a model for the Town that
projects the assessed valuation, and related 7.60 mill police department payments to the Town,
that could reasonably be generated from the platting of land and related build-out at the
Village at Avon. Attached is Stan's memorandum and schedules.
Also attached is a model from staff, using the above referenced build-out schedules, that
reflect police department costs as they relate to the Village based upon actual police
expenditures within the existing Town in 2002. The costs are based upon three factors as they
relate to calls for service: commercial square footage, residential dwelling units, and lane
miles. A 3% inflation has been factored into the costs to cover salary increases and consumer
price index increases.
The resultant costs based upon these factors, as compared to the 7.60 mill police payments to
the Town, generate a deficiency ranging from $163,006 in 2005 to $702,736 in 2024.
Town Manager Comments:
Attachments: Memorandum and Schedules 1A, 1, and 2 from Stan Bernstein and Associates
Schedule 3 - Projected Police Cost Deficiency
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Director
Date: November 6, 2003
Re: Sherwood Meadows
Summary:
The committee assigned to the project of liquidating the Sherwood Meadows units has met
several times and has reached general consensus on what we believe will best accomplish our
obj ectives.
Background
In 2000, the Town purchased, through the issuance of Certificates of Participation (COPS),
eleven (11) condominium units at the Sherwood Meadows condominium project located at
371 Nottingham Road. The total project consists of twenty (20) units: 8 three-bedroom units,
6 two-bedroom units, and 6 one-bedroom units. The Town owns 5 three-bedroom, 3 two-
bedroom, and 3 one-bedroom units.
The total amount of COPs issued was $2,345,000 and was broken down as follows:
Original Issue Discount $ 7,833.15
Bond Issuance Costs 85,057.24
Underwriters Discount 21,105.00
Bond Insurance Premium 54,000.00
Required Reserve 198,922.50
Project Acquisition (Net) 1,978,082.11
Total 2,345,000.00
The amount of debt outstanding at December 31, 2003 will be $1,890,500, net of the required
reserve.
Page 1
Objective
The committee's objective is to liquidate 10 of the units prior to June 1, 2004, in order to call
the entire amount of the outstanding debt. The 11'1' unit will be retained and owned by the
Town for use by the Town Manager.
The units will be not be deed restricted. Originally, it was thought that we might have to deed
restrict the use of the units because of the tax exempt nature of the COPs. However, the tax
lawyer at Sherman and Howard has reviewed this issue and does not believe it is necessary
because we plan to defease the debt concurrently with selling the units.
The committee feels that because of the current availability of affordable units within the
Town of Avon and surrounding areas, it is not necessary to deed restrict these units. It was
also felt that deed restricting the units would limit the number of potential purchasers.
Proce-.s.
To begin the process of liquidating the units, the Town will initially give employees the first
opportunity. Employees will be given information at the employee benefits fair next Friday
about the program, including a description of the units and an example of an offer letter now
being dratted by John Dunn. Criteria will be established as far as due dates for the offers, loan
qualifying, etc. Criteria will also be established for determining the winner between similar
offers (i.e. seniority). The committee will set a minimum amount that it will be willing to
accept based upon the amounts necessary to defease the bonds, as well as the appraisal values
established by Jeff Maddox for each of the units types.
If there are any remaining units not under contract to employees by the due date established
the Town will proceed to offer the remaining units to the public at-large by having a public
auction.
Town Manager Comments:
• Page 2
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: November 6, 2003
Re: Tract J - Bridge Removal
Summary: Demolition of the Bridge on Tract J across the Eagle River has
started. The deck has been removed and the ends have been fenced. We will have an updated
report at the Meeting on Tuesday at which time we expect to have a schedule for removal of
the steel structure and end abutments.
Town Manager Comments:
IAEngineenng\CIP\Tract J Biidge\4.0 Construction Docs\4.1 General Correspondence\Update Memo-l.Doc
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Jacqueline Halbumt
Date: November 5, 2003
Re: Holiday Lighting Contest
Summary: For the past four years, the Town Council has held a Holiday Lighting Contest
encouraging Avon businesses and residents to decorate for the holidays. Staff would like to know if
Council wants to continue this tradition.
Background: The Town of Avon turns on its holiday lights the week of Thanksgiving.
Council came up with the idea to encourage our residents and businesses to turn on their lights as well
to promote holiday spirit and make Avon a more inviting, festive town. The council boards a bus and
rides around Avon to enjoy the holiday lighting and choose winners in various categories. The
winners are presented with a framed certificate during a regular Council meeting.
Discussion: Staff has set up the following tentative dates: light viewing on Wednesday,
December 3 at 5:00 p.m. and awards presented on Tuesday, December 9, 2003 at the regular meeting.
We will promote the contest through ads in the newspaper and a mass mailing to our businesses. Last
year we presented three winners with certificates in three categories: Avon Commercial, Avon Core
Residential, and Wildridge/Wildwood/Mountain Star residential.
NEW THIS YEAR: Avon Business Association (ABA) member Scott Fulton of Charter Sports
asked if the Council would be willing to judge a fourth category: ABA Commercial. The ABA
would like to donate a prize package including a free lodging, ski rental and dinner to the best ABA
member commercial lighting.
Financial Implications: The costs include $100 for frames, $200 for mailing and $300
for ads. .
Attachments: I've attached a copy of past winners for your reference.
Town Manager Comments:
Attachment
Previous Holiday Lighting Contest Winners
1999
Residential
1" Place (tie) - Kathy Martinez at 901 W. Beaver Creek Boulevard #106
Ed Small at 4214 Wildridge Road.
211d Place - Mark and Joyce Morgan at 2403 Draw Spur
3rd Place - John and Virginia Eschenlohr at 4550 Flat Point.
Commercial
1St Place - Leo Palmos, Chapel Square
2" d Place - Scott Gifford of Mountain Man Nut and Fruit Company
3rd Place - Robin Peters of Mountain Clothing Company
2000
Avon Commercial
Is'- Chapel Square
211d - Cassidy's Hole in the Wall
3rd - Calf-A-Coffee
Wildridge Residential
1St - Mark and Joyce Morgan, 2403 Drawspur # 1
2"d - John Eschenlohr, 4550 Flat Point
3rd - Chris and Michelle Evans, 2365 Fox Lane
Avon Core Residential
1St - Kathy and Dave Martinez. 0901 West BC Blvd., Aspen Mobile Homes #106
2" d - Manula Aguirre, 0901 W. BC Blvd, Aspen Mobile Homes, 121
3rd - Tie
Buz Didier, 5010 Eaglebend Drive
Brad & Kari Huntington, 600 Nottingham Road, Beacon Hill Townhomes, #13
Special Neighborhood Award
Shepard's Ridge and Ked Spur
Innovative Award
Casey Frehe, 2643 Bear Trap
2001
Avon Commercial
2.
I" - Comfort Inn
nd 2 - Cassidy's Hole in the Wall
3rd -Chapel Square
Wildridge/Wildwood Residential
1" - Mark and Joyce Morgan, 2403 Draw Spur #1
2°d - Chris and Michelle Evans, 2365 Fox Lane
3rd - Joe Busch, 2080 Wildridge Road #6
Avon Core Residential
1St - Kathy and Dave Martinez. 0901 West BC Blvd., Aspen Mobile Homes #106, Box 1326
2°d - Buz Didier, 5010 Eaglebend Drive
31-a - Luz Vazquez, 0901 West BC Blvd., Aspen Mobile Homes #62
2002
Wildridge Residential
1St - Mark and Joyce Morgan, 2403 Draw Spur #1, 845-8297
2" d - Tim Savage, 2685 Bear Trap 949-1344
3rd - 5685 Wildridge Road, Ray and Laura Lee Verlinde 949-5678
Mountain Star
1St -Georgina Hartland, 152 Mountain Sage
2" d - Andrew and Tina McAdams, 114 Ground Plum
Avon Core Residential
1St - Kathy and Dave Martinez. 0901 West BC Blvd., Aspen Mobile Homes #106, 949-4371
2°d -Buz Didier, 5010 Eaglebend Drive, 949-1567
3rd - Lilia Escalante, 0901 W. BC Blvd., #137, 748-0412
Avon Commercial
1" - Ranch Central, JC, Jim Clark 845-8156
2" d - (tie) Christie Lodge, 949-7700 Bruce McDaniel
31-d - (tie) Comfort Inn - 949-5511, Fred Gifnor
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
NOVEMBER 11 2003 - 5:30 PM
MEETING TO BE HELD AT AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, CO
Call to Order/ Roll Call
2. Citizen Input
Public Hearings are required prior to the adoption of the 2004 budgets
a. PUBLIC HEARING on 2004 Town of Avon Budget (Scott Wright)
b. PUBLIC HEARING on 2004 Capital Projects Budget (Scott Wright)
3. Ordinances
4. Resolutions
a. Resolution No. 03-45, Series of 2003 - Resolution Repealing Resolution No. 91-18,
Series of 1991, and Ending the Incentive Program for the Conversion of Solid Fuel
Burning Devices to Certified Solid Fuel Devices, Gas Log Fireplaces and Gas
Appliances in the Town of Avon, Eagle County, Colorado (Norm Wood) -
Avon is considering eliminating its fireplace conversion program that reimburses
residents up to $750 for converting their wood-burning fireplace to a clean burning
gas unit.
5. New Business
a. Appeal of Planning & Zoning Commission denial of Special Review Use Application
Proposed Name: Fiasco Restaurant/Tavern
Legal Description of Lot: Lot 13, Block 1, Benchmark at Beaver Creek Subdivision
Physical Address: 411 Metcalf Road
Applicant/Owner: David Svabik
Existing Beaver Creek Automotive is seeking approval for a restaurant and bar in an
industrial/commercial zone district.
b. Carwash Easement Request - Lot 30, Block 1, Benchmark at Beaver Creek
Subdivision, 710 Nottingham Road (Ruth Borne) - Owner is seeking an easement
from the Town of Tract B in order to accommodate the construction of a car wash.
c. Veteran's Day Proclamation
6. Other Business
7. Unfinished Business
8. Town Manager Report
9. Town Attorney Report
10. Mayor Report
11. Consent Agenda
a. Approval of the October 28, 2003 Regular Council Meeting Minutes
c. 2003 Street Repair and Improvements - Change Order #1 (Norm Wood) - This
change order will adjust quantities to match the improvements as constructed.
d. Release of Easement on Mountain Vista Resort Subdivision, 180 W. Beaver Creek
Blvd. (Ruth Borne) - Part of the construction and development approval for Lot 6,
this agreement releases historic drainage easement to accommodate new drainage
facilities on town property.
12. Adjournment
Town Clerk\Council\Agendas\2003\Avon Council Meeting.03.11.11
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Directo???
Date: November 6, 2003
Re: Public Hearing - 2004 Operating Budget and Capital Improvements Budget
Summary:
The Town is required by its Charter to hold a public hearing on the proposed budget and
proposed capital program prior to its final adoption. This public hearing will be held during
the Town Council meeting Tuesday evening, November 11, 2003. The final adoption of the
budget is scheduled for Tuesday, November 25, 2003.
Changes to the budget subsequent to the budget retreat have been as follows:
General Fund
Sales Tax Revenues
Debt Issuance Fee Revenues
Vail Valley Foundation Contribution
Travel Expenditures
Accumulated Salary Adjustments
Fund Balance Impact
S (10,620)
(600)
(35,000)
(500)
(71915)
Total
(516M)
Page 1
Capital Projects
Fund Balance Impact
Fireplace Conversions
Delay of Eaglebend Drive Streetscape Improvements
Delay of Swift Gulch Road Relocation
Eliminate Revenues from Eaglebend Housing Authority
Tract J Bridge Removal (Off-setting Revenues and
Expenditures of $30,000
Total
Water Fund
Increase in Tap Fees from Mountain Star
Increase in Tap Fee Reimbursement
Total
Town Manager Comments:
$ 6,000
40,000
67,000
(25,000)
0
88,000
Fund Balance Impact
$ 12,000
(6,000)
6,000
0 Page 2
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: November 3, 2003
Re: Resolution No. 0345 - A Resolution Repealing Resolution No. 91-18, Series of
1991, and Ending the Incentive Program for the Conversion of Solid Fuel Burning Devices
to Certified Solid Fuel Devices, Gas Log Fireplaces and Gas Appliances in the Town of
Avon, Eagle County, Colorado.
Summary: This Resolution has been prepared in response to the capital
improvements program prioritization process and corresponding removal of funding for the
incentive program for the conversion of solid fuel burning devices to certified solid fuel
devices, gas log fireplaces and gas appliances. This program was initiated, and funding
guidelines established by attached Town of Avon, Resolution No. 91-18. This Resolution
stated, "that each and every hotel room and dwelling unit within the Town of Avon shall be
eligible for reimbursement of costs of an amount up to 50% of the actual cost, not to exceed,
$750.00, for the conversion of any existing solid fuel burning device, to any certified solid fuel
burning device, gas log fireplace or gas appliance." The current draft of the Capital Projects 5-
Year Plan does not include funding for this Program. Past budgets have included $6,000 for
this Program, but utilization has dropped off significantly in the past year and it subsequently
received a very low priority rating in developing the current Capital Improvements Program.
Actual expenditures for this Program have been:
2001 3 Units $2,250
2002 7 Units $5,250
2003 3 Units $2,250
Resolution No. 03-45, Series of 2003, repeals Resolution No. 91-18, ending the program for
conversion of solid fuel burning devices. We recommend approval of this Resolution based
on the deletion of funds for the Program from the Capital Projects Budget and Capital Projects
5-Year Plan.
I:\Engineering\Administration\CIP Budget\2004\Res 03-45 Deleting Fireplace Incentive Me=.Doc
Recommendation: Approve Resolution No. 03-45, Series of 2003, A
Resolution Repealing Resolution No. 91-18, Series of 1991, and Ending the Incentive
Program for the Conversion of Solid Fuel Burning Devices to Certified Solid Fuel Devices,
Gas Log Fireplaces and Gas Appliances in the Town of Avon, Eagle, County, Colorado.
Alternatives: Deny Resolution No. 03-45, Series of 2003 and direct staff to
revise the proposed CIP Budget and Capital Projects 5-Year Plan to reinstate funding for this
Program at the previous level of $6,000 per year.
Proposed Motion: I move to approve Resolution No. 03-45, Series of 2003,
A Resolution Repealing Resolution No. 91-18, Series of 1991, and Ending the Incentive
Program for the Conversion of Solid Fuel Burning Devices to Certified Solid Fuel Devices,
Gas Log Fireplaces and Gas Appliances in the Town of Avon, Eagle, County, Colorado.
Town Manager Comments:
0 Page 2
TOWN OF AVON
RESOLUTION NO. 91 - 18
SERIES OF 1991
A RESOLUTION CREATING AN INCENTIVE PROGRAM
FOR THE CONVERSION OF SOLID FUEL BURNING
DEVICES TO CERTIFIED SOLID FUEL DEVICES, GAS
LOG FIREPLACES AND GAS APPLIANCES, FOR THE
PURPOSE OF IMPROVING AIR QUALITY STANDARDS WITHIN
THE TOWN OF AVON
WHEREAS, the Town Council of the Town of Avon has
expressed interest in improving the air quality standards
within the Town; and
WHEREAS, the Town Council of the Town of Avon has
expressed a desire to establish an incentive program to encourage
conversion of existing wood burning devices to less polluting
systems; and
WHEREAS, the Town Council of the Town of Avon believes
that promoting air quality is beneficial to the entire Avon
Community.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, that each and every hotel room and dwelling
unit within the Town of Avon shall be el-igible for reimbursement
of costs of an amount up to 500 of the actual cost, not to exceed
$750.00, for the conversion of any existing solid fuel burning
device to any certified solid fuel burning device, gas log
fireplace or gas appliance.
This program is available on a first come, first serve basis as .
funds are available. No more than two (2) units in any condominium
or townhouse complex may apply within any given calender year.
The Town of Avon will waive all applicable building permit fees
associated with a conversion to a certified solid fuel burning
device, gas log fireplace or gas appliance.
INTRODUCED, READ, APPROVED AND ADOPTED this 9th day of July, 1991.
AVON TOWN COUNCIL
AVON, COLORADO
ATTEST: Jerry Davis, Mayor
Patricia J. Doyle, Town Clerk RECEIVED
"'?r n 3 2003
TOWN OF AVON
RESOLUTION NO. 03 - 45
Series of 2003
A RESOLUTION REPEALING RESOLUTION NO. 91-18, SERIES OF 1991, AND
ENDING THE INCENTIVE PROGRAM FOR THE CONVERSION OF SOLID FUEL
BURNING DEVICES TO CERTIFIED SOLID FUEL DEVICES, GAS LOG
FIREPLACES AND GAS APPLIANCES IN THE TOWN OF AVON, EAGLE COUNTY,
COLORADO.
WHEREAS, The Town Council of the Town of Avon has determined that the Incentive
Program for the conversion of solid fuel burning devices to certified solid fuel devices, gas log
fireplaces and gas appliances has been effective since the initial implementation; and
WHEREAS, due to the initial effectiveness of this program and the number of solid fuel burning
devices converted under this program it is no longer necessary or viable for it's continuance.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that Town of Avon Resolution No. 91-18, Series of 1991 is hereby repealed and the
Incentive Program for the Conversion of Solid Fuel Burning Devices to Certified Solid Fuel
Devices, Gas Log Fireplaces and Gas Appliances is hereby terminated effective January 1, 2004,
by the Town of Avon, Eagle County, Colorado.
ADOPTED THIS DAY OF , 2003.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
I:\Engineering°\Administration\CIP Budget\2004\Res 03-45 Deleting Fireplace Incentive.doc
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Ruth Borne, Director of Community Development
Matt Pielsticker, Planning Technician
Date November 4th, 2003
Re: Appeal to Town Council of Planning and Zoning Commission
Resolution 03-17, Denying a Special Review Use (SRU) permit for a
Tavern & Restaurant
Summary
On October 21St, 2003 the Planning and Zoning Commission denied the SRU permit to
operate a tavern and restaurant at 411 Metcalf Road as set forth in Resolution 03-17. The
Commission's decision has been appealed to Town Council by the applicant, David Svabik.
The Planning and Zoning Commission ruled that the Special Review Use for a
tavern/nightclub conflicted with various policies of the Town Comprehensive Plan. Public
support for the application included five letters, and 8 residents voiced their support at the
public hearing. Staff received one letter signed by four Wildridge residents recommending
denial of the application. Attached for your review is a draft copy of the minutes from the
October 21St, 2003 Planning and Zoning Commission meeting in addition to the staff report.
Background
The Fiasco restaurant and tavern SRU application has been submitted and denied three
times by the Planning and Zoning Commission. This application was first brought in front of
the Commission at the April 15th, 2003 meeting. At this meeting the application was tabled
per the request of the applicant and scheduled for the next regular meeting on May 6tn
2003 where it was again tabled. Concerns over traffic were voiced during the Public Input
portion of this meeting.
At the May 20th, 2003 meeting the Commission denied this SRU in Resolution 03-07 citing
several conflicts with the Town Comprehensive Plan and non-compliance with parking
standards from Town Code. At the time of the first application, the submitted site plan did
not demonstrate compliance with various parking standards. Three letters were received
regarding this first application: 2 in support, and 1 recommending denial. Letters of support
were received from T.J. Conners (owner of 371 Metcalf Road directly adjacent neighbor to
south) and Robert Davis (owner of 780 Nottingham Rd). A letter of objection was received
from J oyce a nd T homas D 'Agostino, o wners o f 4 31 M etcalf R oad, d irectly t o t he north.
Memo to Town Council, November 6th, 2003 Page 1 of 4
Fiasco Tavern/Restaurant SRU Appeal
Some of the D'Agostino's concerns included: no other restaurants or bars in the area,
additional traffic, unsafe road conditions, insufficient parking, and possible overflow parking
on their property. Ten citizens approached the podium during the public hearing portion of
this meeting to voice their support for David's application.
After the public hearing closed, the Commission discussed the application with several
concerns, which included: incompatibility with the existing neighborhood, access easement
conflicts, parking problems, no pedestrian access, and non-compliance with the Zoning
Code. Resolution 03-07 was passed 5-1. A copy of this resolution is attached.
A revised application was resubmitted on July 17th and scheduled for the August 5tt', 2003
Commission meeting. The application was tabled again at t he A ugust 5 t' m eeting a nd
rescheduled for the August 19 meeting. In order to address parking concerns, the second
application included a revised floor plan and parking layout in order to reduce the amount of
required parking. One member of the public approached the podium at this meeting in
favor of the application. No letters were received regarding this 2nd application. Although
the Commission leaned away from the parking issues brought up with the previous
application, they did voice concerns that included: resale problems, lack of public
transportation, and no pedestrian connections. Resolution 03-15 was passed with a 4-1
vote, denying the SRU permit. A copy of this resolution is attached.
A third application for the same use was heard at the October 21St, 2003 Commission
meeting. Eight members of the public were present at this meeting to voice their support for
the application. E-mail was received from 4 Wildridge residents in objection to the
application. David Svabik, Tom Boni (planner), and George Rosenberg (attorney) spoke in
favor of the application and cited how the application complied with the Comprehensive
Plan. During Commissioner review, the following policies from the Comprehensive Plan
were cited as a basis of denial with this application:
1. Policy A3.3 - Commercial, public and other uses that generate employment and
customer traffic should be located to minimize the need for automobile travel.
2. Policy E1.2 - Commercial, public and other uses that generate employment and
customer traffic should be located on transit routes, and linked by pedestrian and
bicycle paths to minimize the need for automobile travel.
3. Policy E1.4 - Commercial areas should be designed to minimize in-town vehicle
travel by making it easier for people arriving by car to park and conveniently walk to
multiple stores and businesses.
4. Policy E1.6 - All new development and redevelopment should include or otherwise
provide for effective transit, pedestrian and bicycle facilities.
Other concerns brought up by the Commission included: too small a seating area for a
successful business, traffic, safety, driveway access, and lack of support from the
immediate residential neighborhood. This application was denied through Resolution 03-17
with a motion of 4-2. A copy of this Resolution is also attached.
Memo to Town Council, November 6`', 2003 Page 2 of 4
Fiasco Tavern/Restaurant SRU Appeal
Discussion
This application has been reviewed as a Special Review Use since a restaurant is a
specifically enumerated SRU in an Industrial/Commercial zone district. The industrial and
commercial zone district is intended to:
"Provide sites for light industrial and manufacturing uses, wholesale outlets,
warehousing, offices, and storage facilities." (Zoning District Regulations 17.20.010 (A))
Since this application was first received by staff, our department has been concerned with
the compatibility of this proposed use. Despite the zone district title including `Commercial',
it is clear that the intent of the zoning is for light commercial and industrial land uses. This
zone district was not intended nor has it developed with retail or restaurant uses in mind.
Additionally, staff determined that the application conflicted with adopted Comprehensive
Plan policies, which is a specific criterion for approving a SRU. As stated by the applicant's
attorney during the most recent public hearing, this proposed use would begin to change
the character of the light industrial and storage area slowly. It was also suggested that this
proposed business would begin to bring in more retail and commercial business to reinforce
the change in character of this area.
As it stands today, staff believes the Comprehensive Plan does not clearly support this shift
in character for the Metcalf Commercial Park neighborhood, therefore staff has
recommended denial of all versions of this application.
While staff comprehends the ever-changing nature of land uses as the Town continues to
grow and redevelop, we are uncomfortable basing this change on the approval of one
special review use application.
Rather, we have suggested to the applicant several times through the various applications
that they be directly involved with the Comprehensive Plan update as a more thorough and
exhaustive community review of the desired future character of the Metcalf Road industrial
area.
Alternatives
• Uphold Planning and Zoning Commission decision
• Overturn Planning and Zoning Commission decision
• Remand decision to Planning and Zoning Commission for further review
Town Manager Comments
Att dchments:
A. Planning and Zoning Commission meeting minutes dated October 21, 2003
Memo to Town Council, November 6'", 2003 Page 3 of 4
Fiasco Tavern/Restaurant SRU Appeal
B. Planning and Zoning Commission Resolution 03-07
C. Planning and Zoning Commission Resolution 03-15
D. Planning and Zoning Commission Resolution 03-17
E. Staff Report for Special Review Use Application (110. 17.03)
F. 12 written statements from citizens
G. Petition to the Avon Planning & Zoning Authority
H. Petition to the Avon Liquor License Authority
Memo to Town Council, November 6'h, 2003 Page 4 of 4
Fiasco Tavern/Restaurant SRU Appeal
Minutes of Planning and Zoning Commission
October 21, 2003
Council Chambers
Town of Avon Municipal Building
400 Benchmark Road
1. Call to Order
The meeting was called to order at 6:00 pm.
II. Roll Call
All Commissioners were present with the exception of Commissioner Chris
Evans.
III. Additions and Amendments to the Agenda
There was one amendment to the agenda for Item VII, A Lot 45C, Block 2, 2520
Old Trail Road, Wildridge Subdivision, to be moved as the first item of discussion
on the agenda.
IV. Conflicts of Interest
Commissioner Him disclosed a conflict with item VII, A, Lot 45C, Block 2, 2520
Old Trail Road, Wildridge Subdivision.
V. Consent Agenda
Commissioner Him motioned for the approval of the Meeting Minutes from the
October 7, 2003, Planning & Zoning Commission Meeting. Commissioner
Smith seconded the motion. The motion passed unanimously.
PUBLIC HEARING OPENS
VI. Special Review Use Application
A. Fiasco Restaurant/Tavern
Lot 13, Block 1, Benchmark at Beaver Creek Subdivision
411 Metcalf Road
Resolution No. 03-17
Applicant/Owner: David Svabik
Existing Beaver Creek Automotive is seeking approval for a restaurant and
tavern in an industrial/commercial zone district.
Matt Pielsticker presented the Staff Report, which recommended denial. David
Svabik, applicant/owner, approached the podium to discuss his position. Walter
Gus, Dawn DeLucia, Elaino Valez, Steve Nelson, Steve Smith, Bob Mach, Chris
5
Lucier, and Paul Benacoff offered their words of support of this application. An
email received by staff was opposed to this application, signed by four Town
residents Jane and Howard Leavitt, Shelly Miller, and Allan Sandburg.
Vice Chairman Karow took a moment to disclose the three criteria for review in
order for the public to focus their comments on these areas. 1). Whether the
proposed use otherwise complies with all requirements imposed by the Town
Zoning Code; 2). Whether the proposed use is in conformance with the Town
Comprehensive Plan; and, 3). Whether the proposed use is compatible with
adjacent uses. Such compatibility may be expressed in appearance,
architectural scale and features, site design and the control of any adverse
impacts including noise, dust, odor, lighting, traffic, safety, etc. These three
criteria are the considerations for this Special Review Use Application.
PUBLIC HEARING CLOSES
Tom Boni, Knight Planning Services, employed by Mr. Svabik to discuss the
compliance and conformance of this project with the Master Plan made a
presentation. He discussed the Town of Avon mission statement that discussed
its sense of community, as this project would create an enhanced sense of
community. Visual quality of urban design to help the area develop, to maintain
Avon's sense of identity with having said establishment in closer proximity to
residential areas would balance land use in this area. Landscaping plan exceeds
and parking requirements are met by this project. The lack of residential uses in
this commercial/industrial area removes local/residential impact. Tom continued
to mention how Mr. Svabik continuously has worked to appease the parameters
as set by the Town of Avon.
George Rosenberg, Mr. Svabik's attorney, approached the podium. He began
with mentioning the support presented by Mr. Svabik. Three focal points are the
"Cheers" concept in a tourist town to accommodate locals primarily, better use of
the property, increased revenues to the Town, assessed value would increase
and it would be an amenity to the area. Mr. Svabik is prepared to commit to a
bike path and walkway on his property as mentioned in the Master Plan.
Commissioner review begins. Commissioner Neville in his review had difficulty
with A3.3 that discussed traffic and D1.4 dealing with safety of site, E1.2
regarding the location of this use relative to existing transit routes, E1.4 to
minimize in town vehicle traffic and E1.6 which deals with bicycle facilities, all
traffic accessibility and access issues. No transit service or pedestrian pathways
exist in this area as well as the parking is still not adequate. All restaurants have
transit or sidewalk access in the Town of Avon. Plus, Commissioner Neville is
skeptical of the parking provided since it calculated to only 37% of the building
being used as seating area. He was curious as to why so little seating is being
provided if the use is going to be successful.
In
Commissioner Smith concurred with Commissioner Neville in the concerns
regarding traffic, parking and safety issues. She believes that Metcalf Road is
dangerous already and this would encourage more traffic. She does not believe
that opening the area to retail and additional pedestrian use is compatible with
the area, to the contrary of the presentation and what those in support think.
Commissioner Him mentioned the lack of support from the immediate
neighborhood and does not feel that alcohol at this site is the best use for the
public as traffic is quite an issue here. He mentioned a restaurant on this site
may be okay but that this type of business would cause increased conflicts with
traffic and parking. He agreed with Commissioner Neville's concern of the
parking numbers as well as the site's steep grades, driving access and existing
street curves.
Commissioner Didier voiced his support of this application, reiterated the support
from the neighbors, and believed it is compatible to its location but agreed that
the traffic was a serious issue.
Commissioner Trueblood brought to light that the liquor license petition included
names of business owners in the area that were not residents of Avon and
mentioned that handing out a petition not reviewed by staff at the hearing was
inappropriate. He stated that it is a great concept, but not at this location. He
was concerned that one could not walk to this location. He believes it is just
dangerous with the road design already in place.
Commissioner Karow agreed with Commissioner Neville on the parking issues
and Comprehensive Plan issues. The building use meets the consideration of
the plan; mixed-use development is warranted in the area, no concerns with
noise, dust or odors, or lighting. The roads are designed to handle the traffic and
safety is not an issue in his opinion. Commissioner Karow was in support of this
application.
Commissioner Trueblood motioned for denial of this project, with the staff's listed
recommendations in Resolution 03-17. Commissioner Smith seconded this
motion. Mr. Rosenberg then approached the podium for recourse.
Mr. Rosenberg mentioned the petitions would be avoided in the future. He
mentioned that the traveling public would benefit from this use. He stated that
traffic was based on the residents of Wildridge and not the industrial and
commercial area. He mentioned that traffic issues such as speeding and
drinking and driving are not under the control of the applicant, and precedent has
been set for mixed uses by the Barrancas development in the immediate area.
Mr. Rosenberg stated that the character of the light industrial and storage area
will change slowly, and that this business will help bring in retail and commercial
business. He said that restaurant type uses go well with all other types of retail
uses. The character of the area will change as a result of this project, and that
the Commission should consider this area will change and not remain the same
as it is today.
Tom Boni approached the podium to discuss safety and pedestrian issues. He
mentioned that if someone is unable to drive, they should be the responsible
party and that line of sight is not an issue for this access drive.
David Svabik, applicant, approached the podium to "problem solve" this issue.
He defined commercial uses from the Comprehensive Plan. He requested
reconsideration of the motion.
The motion carried 4-2 with Commissioner Didier and Commissioner Karow
opposing denial of the resolution.
VII. Final Design
A. Lot 45C, Block 2, Wildridge Subdivision
2520 Old Trail Road
Revised Elevations
Applicant: Bob Mach
This single-family residence is modifying the exterior to comply with Planning and
Zoning Commission recommendations and design review. Sketch Plan was
approved at the October 7, 2003, Planning and Zoning Commission meeting with
the condition that Final Design be improved. Bob Mach, applicant, complied with
conditions as stated at Sketch Plan by adding banding to the stucco, revision to
roof eave and another window on the North elevation. Commissioner Didier
motioned for approval with Commissioner Trueblood seconding the motion. The
approval included the 7 conditions from the Staff Report. The motion carried
unanimously.
VIII. Minor Project Approvals
A. Lot 94, Block 2, Wildridge Subdivision
2390 Old Trail Road
Re-roof with asphalt shingles
Applicant: Keith Harrison
B. Lot 47, Block 2, Wildridge Subdivision
2540 Old Trail Road
Additional parking space
Applicant/Owner: Vincent Guercio
IX. Other Business
A. Lot 61 Update - This is an overview on the planning process with
the developer for a new transit center and revised development
plan.
9
Current development rights expire in February 2004. Michael Hazard and Stuart
Borne, representing the developer, have been working with staff to reconfigure
Lot 61 to make it a transit center and accommodate a development plan.
Considerations were being made regarding the movement of pedestrians through
the transit center via a pedestrian bridge to access the confluence site for future
gondola access. This would allow this area to be more viable with the
Confluence access. Staff showed a two level structure and how is would impact
the site. Parking area would be underground and transit service above. An older
model of Town Center was presented for visualization of the current project
ideas.
Developer is looking for additional height for its design concept. Staff is working
to provide both the developer and the pedestrian with maximum of access via
transportation in a viable design. Consideration for the railroad tracks in the plan
for pedestrian access is still up for discussion. A gateway to the Mall is
envisioned and the Town of Avon currently owns the property with restrictions on
the site. Staff have also submitted for federal funding to assist with this
development through the Federal Transit Authority. This money is available to
the Town and contemplated in the approved Capital Improvement Program
budget. Staff is still working through issues with the developer but noted that if
the g ondola n ever were t o happen, a n e xpanded and a dequate t ransit c enter,
new alignment to benchmark road, and active retail mall area would be a great
benefit to the Town and it's residents and guests.
There will be an upcoming work session with Town Council to address the Lot 61
issue. Developer will bring to P&Z an amended PUD for this site after several
more issues are worked through. The Commission generally supported the work
and thanked the developer for working with staff on this project.
X. Adjourn
Commissioner Trueblood made the motion to adjourn. Commissioner Him
seconded and the motion was unanimously approved. The meeting adjourned at
8:10 pm.
Respectfully submitted,
Ruth Weiss
Recording Secretary
APPROVED:
Andrew Karow
Vice Chairman
Terry Smith
Secretary
F:\Planning & Zoning Commission\Minutes\2003\102103.doc
)0
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 03-07
A RESOLUTION DENYING A SPECIAL REVIEW USE PERMIT
TO ESTABLISH A TAVERN/NIGHTCLUB ON LOT 13, BLOCK 1,
BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF
AVON, EAGLE COUNTY, COLORADO
W HEREAS, Dave Svabik, owner of Beaver Creek Automotive, has applied for a special
review use permit to tavern/nightclub, as described in the application dated March 21,
2003, as stipulated in Title 17, of the Avon Municipal Code; and
WHEREAS, a public hearing has been held by the Planning & Zoning Commission of
the Town of Avon, pursuant to notices required by law, at which time the applicant and
the public were given an opportunity to express their opinions and present certain
information and reports regarding the proposed Special Review Use permit
application; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered
the following:
A. Whether the proposed use otherwise complies with all requirements imposed
by the zoning code; and
B. Whether the proposed use is in conformance with the town comprehensive
plan; and
C. Whether the proposed use is compatible with adjacent uses.
3. The proposed use is not compatible with adjacent uses as planned.
ADOPTED THIS 20th DAY OF MAY, 2003
Sign
Date:
U Chairman
Attest:
Date:
/try ' m , Secretary
F:Tlanning & Zoning Comm ission\Resolutions\2003\Res 03-07 L13 BI BMBC SRU Fiasco.doc
12
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 03-15
A RESOLUTION DENYING A SPECIAL REVIEW USE PERMIT
TO ESTABLISH A RESTAURANT AND TAVERN ON LOT 13,
BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO
W HEREAS, Dave Svabik, owner of Beaver Creek Automotive, has applied for a special
review use permit to operate a restaurant and tavern, as described in the application.
dated July 17, 2003, as stipulated in Title 17,. of the Avon Municipal Code; and
WHEREAS, a public hearing has been held by the Planning & -Wining Commission of
the Town of Avon, pursuant to notices required by law, at. which time the applicant and
the public were given an opportunity to express their opinions and present certain
information and reports regarding the proposed Special Review Use permit
application; and
W HEREAS, the Planning & Zoning Commission of the Town of Avon has considered
the following:
A. Whether the proposed use otherwise complies with all requirements imposed
by the zoning code; and
B. Whether the proposed use is in conformance with the town comprehensive
plan; and
C. Whether the proposed use is compatible with adjacent uses.
N OW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of
the Town of Avon, Colorado, hereby denies a Special Review Use for a proposed
restaurant and tavern, as described in the application dated July 17, 2003, as stipulated in
Title 17, of the Avon Municipal Code for Lot 13, Block 1, Benchmark at Beaver Creek
Subdivision, Town of Avon, Eagle County, Colorado, based upon the following
findings:
1. That the proposed use does not conform to the Town Comprehensive Plan, particularly
with respect to:
Policy Al.1- "Development and redevelopment will be of a scale and
intensity appropriate for the neighborhood in which it is located."
Policy A3.6 - "Encourage mixed-use development throughout the community,
where compatible with existing neighborhoods, to more efficiently use land."
2. The proposed use is not compatible with adjacent uses as planned.
ADOPTED THIS 19th DAYOFAUGUST, 2003
Signed:
Chairman
Attest
Secretary
Date: f g a 3
Date:
FAPIanning & Zoning Commission\Resolutions\2003\Res 03-15 LI 3 B I BMBC SRU Fiascov rec denial.doc
I,4
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 03-17
A RESOLUTION DENYING A SPECIAL REVIEW USE PERMIT
TO ESTABLISH A RESTAURANT AND TAVERN ON LOT 13,
BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO
W HEREAS, Dave Svabik, owner of Beaver Creek Automotive, has applied for a special
review use permit to operate a restaurant and tavern, as described in the application
dated October 14, 2003, as stipulated in Title 17, of the Avon Municipal Code; and
WHEREAS, a public hearing has been held by the Planning & Zoning Commission of
the Town of Avon, pursuant to notices required by law, at which tirne the applicant and
the public were given an opportunity to express their opinions and present certain
information and reports regarding the proposed Special Review Use permit
application; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered
the following:
A. Whether the proposed use otherwise complies with all requirements imposed
by the zoning code; and
B. Whether the proposed use is in conformance with the town comprehensive
plan; and
C. Whether the proposed use is compatible with adjacent uses,.
1")
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of
the Town of Avon, Colorado, hereby denies a Special Review Use for a proposed
restaurant and tavem, as described in the application dated October 14, 2003, as
stipulated in Title 17, of the Avon Municipal Code for Lot 13, Block 1, Benchmark at
Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado, based upon the
following findings:
1. That the proposed use does not conform to the Town Comprehensive Plan, particularly
with respect to:
Policy Al.1- "Development and redevelopment will be of a scale and
intensity appropriate for the neighborhood in which it is located."
Policy A3.6 - "Encourage mixed-use development throughout the community,
where compatible with existing neighborhoods, to more efficiently use land."
2. The proposed use is not compatible with adjacent uses as planned.
ADOPTED THIS 21st DAY OF OCTOBER, 2003
Si
Date: t ` Z&O
V C L , Chairman
Attest:
Date: 10 AI I 00 'j
Secretary
F: I'lanning & Zoning Commission\Resolutions\2003\Res 03-17 L13 B 1 BMBC SRU Fiascov rec denial (oct).doc
Staff Report
SPECIAL REVIEW USE AVON
C O L O R A D O
October 21, 2003 Planning & Zoning Commission meeting
Report date October 17, 2003
Project type Restaurant & Tavern ("Fiasco")
Legal description Lot 13, Block 1, Benchmark at Beaver Creek
Subdivision
Zoning Industrial / Commercial
Address 411 Metcalf Road
Introduction
The applicant, David Svabik, is requesting a Special Review Use (SRU) Permit for the operation
of a restaurant and tavern at 411 Metcalf Road. The first application was denied at the May 20,
2003 meeting through resolution No 03-07. A second application was submitted and denied at
the August 19, 2003 meeting through resolution No 03-15. This is the third application for the
same use.
The lot currently has an unimproved parking area that gains access from an easement through the
neighboring property to the north (Lot 12, "D'Agostino"). Although difficult to determine at this
time, it appears that the site plan has sufficient area for parking.
Four separate tenants are currently occupying the building: Beaver Creek Automotive, Smith
Woodworking, KLF Painting, and Mountain Spruce Inc. The applicant is proposing the
restaurant use for the entire building. Included with this application are a site plan, landscaping
plan, three letters of support, and a letter from the applicant addressing Comprehensive Plan
policies.
Criteria for Review
According to section 17.48.040 of the Avon Municipal Code, the Planning & Zoning
Commission shall consider the following criteria when evaluating an application for a Special
Review Use permit:
1. Whether the proposed use otherwise complies with all requirements imposed by the Town
Zoning Code.
As proposed, it appears that the parking lot has adequate space for the quantity and size of
parking spaces and access aisles required. A revised site plan drawn to scale, showing the
existing (contours) conditions, proposed grades, and drainage must be submitted for review by
the Community Development Department in order for us to determine whether or not
compliance is possible.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
11
Lot 13, Block 1, Benchmark at jeaver Creek Subdivision, Special Review Use J,,. "Fiasco"
October 21, 2003 Planning & Zoning Commission meeting Page 2 of 2
2. Whether the proposed use is in conformance with the Town Comprehensive Plan.
The Comprehensive Plan serves as a guide for development and redevelopment in Avon. There
are at least two criteria that should be reviewed for this project.
Policy Al. 1 from the Comprehensive Plan states that ".. redevelopment should be of a scale and
intensity appropriate for the neighborhood in which it is located". This proposed use appears to
conflict with the recommended policy. There are currently no eating or drinking establishments
in the immediate area.
Further, Policy A3.6 states that the Town should "encourage mixed use development... where
compatible with existing neighborhoods". The neighborhood is industrial in nature. There are
currently no restaurants or bars located on Metcalf Road, and it does not appear that this type of
use or intensity would be compatible with the adjacent properties.
3. Whether t he p roposed use is c ompatible w ith adjacent u ses. S uch c ompatibility may b e
expressed in appearance, architectural scale and features, site design and the control of
any adverse impacts including noise, dust, odor, lighting, traffic, safety, etc.
There is question as to whether or not this use is compatible with the adjacent land uses. Impacts
from this use in this location may impose negative impacts to neighboring properties and
residents who use Metcalf Road. The impacts of this use may include increased vehicular and
foot traffic on Metcalf Road, parking in undefined areas and blocking the access easement, and
potential parking on the adjacent properties during the evening. It is important to note that there
are no pedestrian connections to this project, which further increases the impact of additional
traffic and vehicular use.
Staff has received one letter from an adjacent property owner (AAA Mini Storage) concerning
this application. There was support for this application from various members of the public at
the May 20, 2003 Commission meeting. Included in your packet are the letters of support for
this application.
Recommended Motion
Staff recommends denial of the Special Review Use Permit as set forth in Resolution 03-17 for
Lot 13, Block 1, Benchmark at Beaver Creek Subdivision to allow for the operation of a
restaurant and tavern as described in the plans dated October 14, 2003.
If you have any questions regarding this or any other project or community development issue,
please call me at 748-4030, or stop by the Community Development Department.
Respectfully submitted,
Matt Pielsticker
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
April 29, 2003
Zoning and Planning Commission for the Town of Avon:
I am westing this letter in support of David A. Svabik and his new venture on Metcalf Road. I am the
owner of lot 14 directly south of his locale on Metcalf Road. Ever since I built my building David has been a
supportive neighbor and a great help.
It would be positive improvement to have a nearby location where my tenants can go for lunch and
possibly even a drink after work. Please consider his request.
Sincerely,
rnners
T]. 3 a ??- ??.:. •• :?
012003
Community Development
A
4-9
Select Surfaces, Inc.
To: Avon Town Planning
Commission Members
Re: Proposed Restaurant/Tavern on Metcalf
From: Robert Davis, President
Select Surfaces
780 Nottingham Rd.
Avon, CO
RECEIVED
MAY 1 9 2003
Community Development
As a business owner in Avon I have become aware of a proposed commercial
venture on Metcalf Rd.
I feel that the restaurant/tavern proposal can have a positive impact on an
otherwise declining area. With the correct conditions this restaurant/tavern
could help redefine the niche area of. Nottingham & Metcalf Roads.
My partners and I would like to see this proposal proceed, with the following
conditions:
1) No parking on Metcalf Road
2) Hours of operation should be consistant with other restaurants and
bars in Avon
3) Bus transportation to and from Avon central should be explored
4) Enforce Town of Avon Noise Ordinance
Sincerely,
Robert Davis
Select Surfaces, President
5/19/2003
P.O. Box 546 • Minturn, CO 81645 • 970.949.6800 • fax 970.949.6802
1? D
Thomas S. D'Agostino
3880 Pierson Street
Wheat Ridge, CO 80033
303-421-5525
Fax: 303-421-5855
Town of Avon
Planning and Zoning Commission, Recording Secretary
P.O. Box 975
Avon, CO. 81620
Re: Lot 13, Block 1, Benchmark at Beaver Creek Subdivision
Commission Members,
RECEIVED
??'p €} i 20Q3
Community Development
4/5/2003
We recently received the notice of Public Hearing for Mr. Svabik's proposed bar and
nightclub at 411 Metcalf Road. We have several objections we wish to voice regarding
such and operation at that location.
1. This is area is a Commercial Park and was never designed to accommodate retail
or restaurant establishments such as a bar/nightclub operation.. The surrounding
businesses in this area include an auto body shop, plumbing and heating shops,
electrical contractors, self-storage facilities, civil engineering business, and many
offices for smaller businesses. There are no restaurants or bars in this area.
2. There is insufficient parking for an operation such as the proposed bar/nightclub.
Mr. Svabik has spoken to us on two occasions and said that he would direct all
overflow parking for his customers to our private parking lot in front of our shop.
That is not acceptable. We paid dearly for this parking that is required for our
customers and mandated by the Town of Avon. Our operations will require our
technicians to come and go all times of the day and night. It is not possible to
allow anyone else to park in our lot just because they cannot fit in Mr. Svabik's
lot and we do not wish to go to the additional expense of gating our parking lot to
keep people out off our property. In addition, Mr. Svabik told us that the
bar/nightclub will hold 250 patrons and where will there be sufficient parking for
even 150 vehicles?
3. Another issue that must be aired is about the use of this property for anything but
its current uses. This concerns the right of easement across my property which has
been permanently recorded on the Eagle County register. You may not know, but
when we completed our shop in 1994, we hired a local Civil Engineering firm to
stakeout the parking and easement areas according to the lot limes. We built out
our property based on the surveyors lot lines and points. In 2000, Mr. Svabik sent
us legal notice through his attorney claiming that we did not build according to
the survey. As a result, we had to hire an attorney and pay the civil engineer to
re-survey our property and it proved that all was done according to the City of
2A
2
Avon and Eagle County requirements. Mr. Scavik certainly did not apologize for
causing us this extra work and expense just to prove to him that we had done
things correctly. I feel this illustrates that he would not be considerate of his
business neighbors nor would know how to solve problems constructively.
4. Metcalf Road is a narrow, two lane, winding mountain road with deep side
ditches, steep downhill surfaces, hidden driveways and little or no nighttime
lighting. It was designed when the area was still very small and underdeveloped
and now does not accommodate all of the traffic that has occurred because of the
growth and development of Wildridge and the businesses on this road. There is an
enormous amount of traffic flow on Metcalf Road each day, both day and night.
Also, the only exit from Metcalf Road is onto Nottingham Road, which is also a
narrow two-lane street.
Our experience as long time business owners on Metcalf Road is that both
Metcalf and Nottingham Road become treacherous due to increased traffic and
icy and snow packed winter conditions. For example, we had two incidents
where Wildridge residents had lost control on the icy conditions and injured two
of our employees in auto accidents just a few blocks from our office when they
were on their way to work. We feel that Metcalf Road could not handle this
additional traffic, let alone possibly intoxicated patrons leaving the establishment
in the dark causing accidents.
We do not feel the Mr. Svabik's venture will be attractive or compatible with the
surrounding businesses. We would not look forward having to pick up the trash and
bottles that may end up on our property which often occurs with such an operation.
Finally, Mr. Svabik asked if we would vouch for his personal character and
credibility. We cannot because we do not know him well enough to vouch for his
character and his ethics. The few times we have dealt with him regarding his dispute
over the parking area were very unpleasant situations. We do not have any positive
feelings about the proposed bar/nightclub establishment and ask that the Town Of
Avon please consider our comments.
Thank you for keeping us informed about this matter.
Thomas 4"Agostdino, President, Cardom Holdings of Colorado Inc.
J ce A. D'A stino, ce-President, Cardom Holdings of Colorado Inc.
f`.
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RECEIVED
O C T 15 2003
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Rivp X 0 /N/ N C.cJ /Yt ,iY? ?/ / J '?
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10-17-03
371 Metcalf Rd., (PO Box 1643), Avon, Colorado, 81620
(970) 845-5000
Dear Avon Town Council,
r4;1
The purpose of this letter is to express my support for the proposed Tavern-Restaurant at 411
Metcalf Rd, Avon (applicant - owner David Svabik). I am the developer - owner of the AAA Mini
Storage Warehouse building (immediately to the South of Mr. Svabik) and 1 feel that the
establishment as proposed would be a welcome addition to the neighborhood.
In looking over the reasons for denial of the special use permit per the letter dated August 20tH
2003 from Matt Pielsticker, I have the following comments. To quote the letter's key reasons for
denial:
1) Policy A1.1 " Development and redevelopment will be of a scale and intensity
appropriate for the neighborhood in which it is located". The neighborhood has
Warehouse, New Residential, and Retail now (so it is appropriate) and the scale of
the building is not expanding so I fail to see why this is a reason for denial.
2) Policy A3.6 - "Encourage mixed use development throughout the community where
compatible with existing neighborhoods, to more efficiently use the land". It would
seem that all one would only have to look at other Warehouse areas (LODO in
Denver comes to mind) to see that there exists a very strong precedent for placing
a restaurant-tavern in a warehouse district. Additionally, a much needed Tavern -
Restaurant would allow for " more efficiently using the land" as it could easily be
interpreted as the highest and best use for the site when compared to what
presently exists - an auto repair shop. Frankly, I think it would upgrade the entire
neighborhood by remodeling one of the oldest and most worn out buildings in Avon.
"The proposed use is not compatible with adjacent uses as planned". The plan calls for the
most intensive use of the premises in the evening after normal working hours and this timing
allows for the necessary parking. Again, saying it is not compatible with adjacent uses is
subjective as I would like the chance to have dinner next door after normal working hours.
I really think the Town should reconsider the application as I think it would be positive for the
neighborhood.
Sincerely,
onner
TTI.?
dent
, AAA Mini Storage Inc.
"The Yoders
? 137E 1,mig Pur, PO Box 516
-Avon, Colorado 81520
October 17, 2003
Planning and Zoning Commission
Town of Avon
P. 0. Box 975
Avon, CO 81620
Dear commissioners,
We support the application for special use for tavern/restaurant for Dave
Svabik on Got 13, Blockl, Benchmark at Beaver Creek; 411 Metcalf Road. As
Wildridge residents, we drive by this location often, and feel that his
proposal would be an upgrade to the area.
The 1995 Avon Comprehensive Plan for Subarea 4 recommendations seem to
be consistent with the proposed restaurant. We understand that
substantial landscaping will be added to screen the project and there will be
minimal significant regrading and adequate parking.
We also support having a restaurant in this area., especially for lunches.
And, Mr. Svabik has been a long time Avon business owner. We feel that the
Town of Avon should go the extra mile to support those who have had
businesses here when there was very little business in Avon, but who stuck it
out all of these years.
ncerely,
r V
David and Judy Yoder
tic?
Town of Avon
Planning and Zoning Commission
P.O. Box 975
Avon, CO 81620
Ref: David Svabik; re-zoning application
October 16, 2003
To Who It May Concern:
The purpose of this letter is to support the application of Mr. David Svabik for the re-
zoning of his property. My wife and I have known Mr. Svabik as personal friend for well
over twenty years. We have had many opportunities to visit his business in Avon and
interact with him in a business environment. It is our experience that David is an
individual of high character, business accumen, and civic responsibility.
Mr. Svabik has always expressed concern about the quality of life in his community and
is very proud to operate an enterprise in the town of Avon. Although we are not
intimately familiar with the Town of Avon zoning regulations, we are confident that Mr.
Svabik's proposal will become an asset to the community and an economic success.
In closing, we would like to restate our support for Mr. Svabik's re-zoning request. We
are confident that the Town of Avon will be well served by approving his proposed
enterprise.
Si rely,
0
David E. Spell an, Ed. D. Marilyn J. arlson-Spellman
443 Montero St. 443 Montero St.
Grand Junction, CO 81503 Grand Junction, CO 81503
RECEIVED
omrnunity DeveIOPMent
-7 tr
Oct 20 03 12:36p Park Plaza [970)845-9342 p.1
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Oct 20 03 03:59p p-1
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Slifer Designs
216 Main Street
Edwards, CO 81632
(970) 926-8200 Fax (970) 926-8207
Fax Cover
Toe Avon' Pl n*igand ZonrgRaard From: Sally and Mike Gahagan
Fax: 949.5749 Pages: 1
Phone: Date: 10/20103
? Urgent For Review ? Please Comment ? Please Reply ? Please Recycle
To whom it may concern,
Dave 5vabik has informed us that he is trying to get the Town of
Avon to approve zoning for a small "cafe- nightclub" on his property
on Nottingham Rd. . Being residents of Wildridge, we would love to
see something like this approved.
Regards,
Sally Gahagan
2Y
Uriah Todd Walsh
2277 Holyoke Dr.
Boulder CO. 80305
Town of Avon Planning & Zoning Commission
PO BOX 975
81620
Planning & Zoning Board Members,
I am writing to give my support to David Svabik's initiative for a zoning variance
to be awarded for his property in Avon Colorado. There are some points that I would like
to bring up.
David's character, I imagine as a board you are concerned with who you give
variances out to. I can attest to the fact that as long as I have known David he has been a
man of his word. When he says that he will do something he does, when he makes
commitments he fulfills them.
I used to live up in the Eagle County area and am familiar with where David's
property is located. Every property owner is given the right to find the very best use for
his land. While I appreciate the issues that arise in this area. Metcalf has sorely needed
development for some time now. I am sure as a committee you all have taken
suggestions for development in this area, for example the Metcalf Commercial Park. It
seems that the question is not if development will take place but when.
I appreciate your
i
Uriah Todd Walsh
of David's proposal.
ecelve
Oc r 9 0 200,3
Caftf7tjrj1fy aovelopme
nc
2`1
Planning & Zoning Commission
Town of Avon
P. O. Box 975
Avon, CO 81620
Dear Commissioners,
This letter is in reference to the application for a liquor license and zoning change
submitted to your board by my brother, David Svabik. My brother and I were brought up
here in Indiana by loving parents with an exceptional work ethic. Our father insisted that
we watch as he did car repairs, yard work, and other household chores. As we got older,
he expected us to do our share of chores plus help him with the bigger jobs. We were
always taught that we had to learn to do everything as part of being responsible for
ourselves as adults.
David has owned his own business for almost the entire time he has lived in Colorado
and has been established in the present location for many years. Any new endeavor he
wishes to start, I am sure he will approach with the same attitude and enthusiasm he has
had since he became a respected businessperson in Avon and the surrounding area.
Please accept our thanks for the time you have taken to consider his application and
know that our family feels that he will make a valuable contribution to the community in
this new endeavor.
Sincerely
Philip S. Svabik
Asst. Fire Chief
City of Hammond, IN Fire Dept.
IV
Cc; David Svabik E' T Q00 14
COmnMnity Nvefopment
Tambi Katieb
From: Jane Leavitt, PMP Ocleavitt@earthlink.net]
Sent: Tuesday, October 21, 2003 2:37 PM
To: Tambi Katieb
Subject: 10_21 Meeting RE: Special Use for Fiasco Rest/Tavern
To: P&Z Commission c/o Tambi Katieb
Please print and distribute for this evening's meeting, as we will not be able to attend.
This letter is to inform the P&Z Commission that the undersigned are opposed to the
granting of the special use permit for Fiasco Restaurant/Tavern.
Jane and Howard Leavitt
Shelly Miller
Allan Sandburg
Thank you for your assistance.
Jane Leavitt, PMP
PO Box 4022
Vail, CO 81658
cell 970.390.9557
e-mail: jcleavitt@earthlink.net
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I the undersigned support the proposal by David Svabik to obtain a special use permit for the said
location at 0411 Metcalf Rd. I myself would appreciate a restaurant/nightclub located on Metcalf
where I could go to eat and drink. I believe that this sort of business would not only be
appropriate for the neighborhood but also enhance Metcalf Rd. in a positive manner.
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PETITION TO THE AVON PLANNING & ZONING AUTHORITY
I the undersigned support the proposal by David Svabik to obtain a special use permit for the said
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where I could go to eat and drink. -1 believe that this sort of business would not only be
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Ruth Borne, Director of Community Development
Date November 4t', 2003
Re: Lot 30, Block 1, Benchmark at Beaver Creek Subdivision
Carwash Easement Request
Summary
The owner/applicant, Steven Grow, is seeking an easement from the Town on Tract B in
order to accommodate the construction of a car wash. This easement area is immediately
north and adjacent to the project (specifically defined on Exhibit "A" of the Easement), and
is currently designated as Town owned "Open Space, Landscaping, and Drainage" (OLD)
per the Zoning Code. The easement is limited to this project and building permit approval.
Background
The approval history of the car wash project is outlined as follows:
August 7, 2001:
A Variance application for the front and side setbacks and a Special Review Use (SRU)
application was submitted by the applicant in order to construct a carwash on Lot 30, Block
1, Benchmark at Beaver Creek Subdivision. The lot is zoned 'Industrial and Commercial'
(I/C). A carwash was determined to be acceptable as a Special Review Use application.
Staff recommended denial of both applications, because the project appeared too large for
the lot and the need for the variance was not adequately established as a hardship. There
were also unresolved issues regarding parking and circulation on the lot. The Planning
Commission denied both applications unanimously.
September 4, 2001:
The applicant submitted a revised Variance and Special Review Use application. The
variance was reduced to a front yard setback, which was consistent with other variances
approved on adjacent properties. The Special Review Use application remained largely
unchanged. Staff recommended approval of the variance, because there several similarly
situated front yard variances on adjacent properties. However, staff continued to
Memo to Town Council, November 11, 2003 Page 1 of 4
Carwash Special Review Use Easement
recommend denial on the Special Review Use application citing concerns with traffic
circulation, lot coverage, and parking.
The variance was approved unanimously. The SRU was tabled by a 5 to 2 vote to the next
meeting date.
September 18, 2003
The Planning Commission reviewed the SRU again. The major issues, including site
circulation, parking and site coverage were revised by the applicant and staff recommended
a conditional approval. The SRU also included the applicant's voluntary proposal to include
4 deed restricted employee-housing units.
The Commission commented that the applicant had addressed the major concerns of the
previous submittal, and unanimously approved the SRU as recommended by staff.
February 5, 2002
The applicant submitted a Sketch Design Plan for the carwash facility. Staff recommended
tabling of the application pending resolution of issues related to grading, drainage, and
required easements. The Commission tabled the application unanimously.
February 26, 2002
The Town approved a temporary grading easement for the carwash, allowing minimal
grading to occur along the east edge of the property subject to issuance of a building permit
and commencement of construction. The easement is not permanent and is limited to
grading to accommodate an improved drainage pattern along the edge of a Town drainage
easement, located on Tract B.
March 19, 2002
The sketch design plan is again reviewed by the Commission. Staff recommended
approval with conditions. The application was approved by a 4 to 2 vote.
April 16, 2002
A final design plan was submitted and staff recommended a conditional approval. All
conditions of the sketch design plan are adequately addressed. The application is denied
by the Commission by a 4 to 2 vote citing concerns over the proposed architecture and
materials employed.
May 7, 2002
A final design plan was resubmitted with architectural elements and materials. Staff
recommended conditional approval. The Commission approved the project by a 3 to 2 vote
subject to staff conditions regarding detail on retaining walls, colors and materials.
November 5, 2002
Memo to Town Council, November 11, 2003 Page 2 of 4
Carwash Special Review Use Easement
The applicant requested the Commission to reconsider the deed restriction on all four
employee-housing units. The revised proposal was for one deed restricted unit per Town
regulations, and the other three to be rent restricted as proposed by the applicant. The
Commission approved the request by a 4 to 2 vote.
February 3, 2003
Staff notified the applicant that the variance would lapse on May 3,2003 unless a building
permit was submitted and further clarified the outstanding issues required to obtain a
building permit.
April 29, 2003
The applicant submitted a building permit for the carwash project. Staff reviewed the permit
and was concerned that the excavation required disturbance beyond the property
boundaries. More detail was required, particularly on the northern most structural wall, to
evidence that it does not require excavation onto the Town owned Tract B (open space
parcel) or to obtain an easement for the encroachment.
June 10, 2003
A building permit was issued; subject to the condition that access to the site was not
permitted until revised retaining wall details and related and/or required easements
necessary to install the structural wall was submitted and approved by the Town of Avon.
No construction or site disturbance is permitted until several issues (including acquisition of
the permanent easement proposed today) are resolved. The building permit (including the
final design, special review use, and variance approvals) will expire December 10, 2003
unless construction is commenced on site.
Discussion
As evidenced by the chronology, the proposed carwash project was not the typical `use by
right' approval nor was it fully supported by the Commission or staff throughout the approval
process for either zoning or design.
The proposed easement is a permanent structural encroachment on Town property,
although not visible after construction is completed. The soil nail wall allows construction of
a retaining wall without the over-excavation required by typical retaining walls designs but
does require structural elements (soil nails) to extend beyond the property line.
The easement will accommodate the soil nailing essential to build the structural load-
bearing walls on the northernmost part of the project - a necessary part of the building itself.
Alternatives
• Approve the permanent easement for soil nailing on Tract B.
• Disapprove the permanent easement for soil nailing on Tract B.
Memo to Town Council, November 11, 2003 Page 3 of 4
Carwash Special Review Use Easement
• Table the requested permanent easement for further discussion.
Town Manager Comments
Attachments:
A. Easement Agreement with exhibits
Memo to Town Council, November 11, 2003 Page 4 of 4
Carwash Special Review Use Easement
GRANT OF EASEMENT
THIS GRANT OF EASEMENT made and entered into this day of , 2003, by
and between TOWN OF AVON, a municipal corporation, whose address is P. 0. Box 975, Avon,
Colorado 81620 (hereinafter referred to as the "Grantor"), and Steve Grow whose address is 8
Manette Road, Morristown, NJ 07960-5344 (hereinafter referred to as the "Grantee");
WITNESSETH THAT:
For Ten Dollars ($10.00) and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the Grantor by these presents does hereby
grant unto the Grantee, its successors and assigns, a non-exclusive easement (hereinafter referred
to as "Easement Area"), described on Exhibit "A" attached hereto and incorporated herein, for
the limited purpose of soil-nailing, including entering upon said Easement Area for sub-surface
construction and installation of the soil-nailing, subject to the approval of the stamped engineered
plans for the soil-nailing by the Town.
This easement is for the benefit of and appurtenant to that land described as Lot
30, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado
and is limited to construction of the building permit and related approvals known as C-BP2002-
8. This easement shall terminate if construction does not commence in accordance with the
terms and conditions of C-BP2002-8.
This easement shall be used so as not to unreasonably interfere with the rights of
public utilities having easements or rights-of-way, either in existence or of record. Grantee, for
itself, its successors and assigns, agrees that it will repair and maintain the Easement Area at its
own cost and expense.
Any liability for injury to person or property of Grantor, its employees, agents and
invitees, or of any third persons, as a result of or arising out of or relating to the use or occupancy
of the Easement Area by Grantee shall be borne by Grantee. Further, Grantee agrees to
indemnify, defend, and hold harmless Grantor, its successors and assigns, against any claims for
loss or damage which should result from, arise out of or be attributable to the use of the
Easement Area.
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day of
, 2000, by
My commission expires:
Witness my hand and official seal.
F:\Development Agreements & ContractsTot 30 B1 Permanent Easement.doc
Notary Public
F:\Development Agreements & ContractsTot 30 B1 Permanent Easement.doc
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Legal Descriptia:n:
Parcel of land located in Tract B, Benchmark at Beaver Creek Amendment No.4, per the recorded plat there of,
as Recorded in the Offices of the Eagle County Clerk and Recorder at Reception No. 233719 being more
particularly described as follows:
Beginning at the Northeasterly Corner of Lot 30131 per the Recorded Plat of A Re-subdivision of Lots 30 and
31 Block 1 Benchmark at Beaver Creek Amendment No. 4 as recorded in the Offices of the Eagle County Clerk
and Recorder at Deception No. 218276, whence the Southeasterly Corner of said Lot 30/31 bears S25°04'26"E
a distance of 125_00 feet; thence along the North line of said Lot 30/31 S80°32'44"W a distance of 198.78 feet;
thence N09°27' 16"W a distance of 9.00 feet; thence N80°32'44"E a distance of 5.82 feet; thence N41°30'37"E
a distance of 15.88 feet; thence N80°32'44"E a distance of 17.63 feet; thence N40°44'24"E a distance of 7.81
feet; thence N80°32'44"E a distance of 42.00 feet; thence N40°44'24"E a distance of 7.81 feet; thence
N80°32'44"E a distance of 39.95 feet; thence S599 8'56"E a distance of 7.81 feet; thence N80°32'44"E a
distance of 28.34 feet; thence N83°55' 18"E a distance of 13.37 feet; thence S73°40'39"E a distance of 14.21
feet; thence S69°04' 02" E a distance of 13.24 feet; thence S62'32'1 8"E a distance of 21.41 feet; thence
S45°1 2'42"E a distance of 23.29 feet, thence S25'04'1 5"E a distance of 19.08 feet; thence S20°57'28"E a
distance of 35.91 feet; thence S09°41'34"E a distance of 19.16 feet; thence Sl 1°46'28"E a distance of 26.83
feet to a point on the Northerly Right-of -Way of Nottingham Road; thence 13.41 along an Arc of a Curve to
the Left, having a Radius of 4808.70 feet, a Central Angle of 00°09'35, a Chord which bears S83°00'30"W a
distance of 13.41 feet to the Southwest Corner of said Lot 30/31; thence along the Easterly line of said Lot
30/31, N25°04'26" W a distance of 125.00 feet to the Point of Beginning, said Parcel containing 1.71 acres more
or less.
Gordon
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager / Jacquie Halburnt, Asst. Town Manager
From: Patty McKenny, Town Clerk
Date: November 6, 2003
Re: Veteran's Day Proclamation
Summary:
Since today is Veteran's Day, it was thought appropriate to recognize this federal holiday in honor of
the Veteran's of the United States with a Proclamation.
Town of Avon, State of Colorado
Veteran's Day Proclamation
Whereas, two hundred and twenty-seven years ago, the signers of the
Declaration of Independence declared that "all men are created equal, that
they are endowed by their Creator with certain unalienable Rights, that
among these are Life, Liberty and the pursuit of Happiness";
Whereas, throughout the course of American history, courageous men and
women have taken up arms to secure, defend, and maintain these core
principles upon which freedoms depend;
Whereas, today, there are more than 25 million living veterans who served
our Nation in times of peace and war. These gallant Americans served on
the land, at sea, and in the air, on the shores of Omaha Beach, at the rivers
of Korea, in the jungles of Vietnam, on the sands of the Persian Gulf, in the
mountains of Afghanistan, and many other battlefields around the globe. By
their service, they kept America strong, and they protected our way of life
from tyranny's grip for over two centuries;
Whereas, the men and women who have and currently are serving in the
Army, Navy, Air Force, Marines, and Coast Guard of the United States of
America have made major contributions toward the preservation of this
Nation and her people;
Whereas, the services performed by these Americans have demonstrated
the willingness of our nation to meet the challenges of those forces wishing
to subjugate individual determination through armed conflict;
Whereas, honorable service performed in the defense of our nation and her
cause in time of war is the highest form of citizenship;
Whereas, the Congress of the United States of America has designated the
eleventh day of November of each year as Veterans Day;
Whereas, Veterans Day has become a significant part of our American
heritage as we recognize the millions of our citizens whose military service
has had a profound effect on history;
Whereas, the Nation and the free world are eternally grateful for the
contributions of American veterans - men and women - to the advancement
of the cause of an honorable world peace.
Now, Therefore, the Town Council of the Town of Avon, State of Colorado,
hereby proclaims November 11, 2003 as Veterans Day and calls upon all
citizens, schools, businesses, places of worship, media, and civic and
fraternal organizations to join the Town in recognizing the valor and sacrifice
of our veterans through display of the flag of the United States and
appropriate ceremonies in honor of those who have served and are serving
to preserve the principles of Justice, Freedom and Democracy.
Let this proclamation be entered into the official records of
the Town. In Witness whereof, I have hereunto set my
hand this 11th day of November 2003.
Albert D. Reynolds, Mayor of Avon
Attest:
Patty McKenny, Town Clerk
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD OCTOBER 28, 2003
A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon,
Colorado in the Council Chambers.
Mayor Buz Reynolds called the meeting to order at 5:30 PM. A roll call was taken with and
Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, and Ron Wolfe present.
Mayor Pro Tern Mac McDevitt was absent. Also present were Town Manager Larry Brooks,
Town Attorney John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty
McKenny, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works
Director Bob Reed, Finance Director Scott Wright, Police Chief Jeff Layman, Community
Development Director Ruth Borne, as well as members of the press and public.
Citizen Input
Recreation Director Meryl Jacobs introduced 2 new Recreation employees, Special Events
Coordinator Fraidy Aber and Recreation Programs Coordinator Geoff Dew.
Tamara Underwood, resident of Avon, thanked Council for their decision to deny the PUD
Amendment for the Village at Avon, asked for support to complete the Comprehensive Plan,
and requested Council to reconsider removing the bridge on Tract J near between Highway 6
and Sunridge Condominiums due to its heritage representation. Some discussion ensued about
the options that exist and what the Town has tried to do to resolve this situation over the years.
Council expressed their primary concern was that the current state of the bridge is not safe.
Some Council asked that photos be taken of the bridge and a determination be made as to
whether or not any parts of it are salvageable. Councilor Wolfe asked that further discussion
about this agenda item would take place during consideration of Consent Agenda items.
Councilor Sipes moved to pull the item from the consent agenda; Councilor Wolfe seconded the
motion and it passed unanimously by those members present (McDevitt absent).
Walter Dandy commended the Council for approving the work to be done on the
Comprehensive Plan.
Ron Neville commented on his disappointment in the Vail Daily article on the criticism that the
Avon Police Department has received, he encouraged the Council to proceed in demolishing
the bridge on Tract J as soon as possible due to the hazardous nature it is in, and he supported
the notion to recognize the "water wheel" next to Canyon Run.
Resolutions
Town Engineer Norm Wood presented Resolution No. 03-43, Series of 2003, Approving the
Preliminary Condominium Map, Barrancas - II, A Resubdivision of Lot 41, Block 1, Benchmark
at Beaver Creek - Amendment No. 7, Town of Avon, Eagle County, Colorado (0511 Metcalf
Road). He noted that this is a condominium subdivision larger than 4 units and the preliminary
plan requires approval and corresponding public hearing. All public notice requirements were
met. There were no Council comments, the public hearing was opened, no comments were
made and the hearing was closed. Councilor D. Buckley moved to approve Resolution No. 03-
43, Series of 2003. Councilor Sipes seconded the motion and with a roll call vote the motion
passed unanimously by those members present (McDevitt absent).
New Business
Pastor Tom Schneider, Calvary Chapel Vail Valley, presented their request for the use of
outdoor amplified sound at the Halloween Fun Night on Friday, October 31, 2003. He noted
since Halloween is on Friday, they would like to expand the event to hold an evening venue for
teenagers, including music. Council was supportive. Mayor Reynolds opened the public
hearing, no comments were made & the hearing was closed. Councilor Sipes moved to
approve the permit for the outdoor use of amplified sound. Councilor D. Buckley seconded and
the motion passed unanimously by those members present (McDevitt absent).
Other Business
Council continued discussion about the removal of the bridge on Tract J. Town Engineer Norm
Wood presented some input regarding salvaging the bridge. Councilor Sipes requested staff to
talk to ECO about incorporating it into their trail system. He asked about bid proposals that
were included in the packet. Wood commented that he was comfortable with the bid amount
from Site Resources Management. There was council consensus to allow Norm Wood to
evaluate what if anything would be salvageable and then take photos in order to recreate it if
that were the case. Council was most concerned about the safety hazard created by the
existing bridge & directed staff to proceed with its removal. It was noted that appropriate notices
were made to both the owner & the owner's attorney. Councilor Sipes moved to approve
removal of the Eagle River Bridge on Tract J, accept the proposal from Site Resources
Management for demolition and removal of the bridge, direct staff to take photos of the bridge in
order to recreate it if Council should decide to do so in the future. Councilor Wolfe seconded
the motion and it passed unanimously by those members present (McDevitt absent).
Councilor Sipes commended staff on revising the format of the agendas to make them more
understandable for the public. Councilor D. Buckley publicly thanked Frank Doll for his efforts
on behalf of the water district with regard to providing historical information on Eagle County's
weather data.
Town Attorney Report
Town Attorney John Dunn noted that the certification report for the Tract J Bridge demolition has
been recorded with the Eagle County Clerk & Recorder.
Mayors Report
Mayor Reynolds reminded the public about Election Day next Tuesday and that the polling
location for Avon (Precincts 15 & 19) is the Avon Municipal Building.
Consent Agenda
After several comments were made regarding the consent agenda, Mayor Reynolds asked for a
motion. Councilor Sipes moved to approve the consent agenda. Councilor D. Buckley
seconded the motion and it passed unanimously by those members present (McDevitt absent).
There being no further business to come before the Council, the meeting adjourned at 6:20 PM
Regular Council Meeting Page 2 of 3
October 28, 2003
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular council Meeting Page 3 of 3
October 28, 2003
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engineer
Anne Martens, Assistant Town Engineer
Date: November 6, 2003
Re: 2003 Street Repair and Improvements
Change Order Number One
Summary: Attached Change Order Number One for the 2003 Street Repair and
Improvements represents an increase to the contract due to the final field quantities associated with
paving. The net effect of this Change Order is to increase the Contract Amount $10,157.04 from
$208,165.99 to $218,323.03. This Change Order is within the Project Budget and is covered by the
project contingency. This is the Final Change Order for the 2003 Street Repair and Improvements Project.
The Project Budget for the 2003 Street Repair and Improvements, is as follows:
Approved Project Budget Project Costs
Construction Contract (with Alt. No. 1) $208,166 $208,166
Change Order # 1 $ 10,157
Testing $ 1,000 $ 1,000
Engineering (Design / Surveying) $ 5,300 $ 5,300
Contingency $ 20,534 $ 10,377
Total Estimated Cost $235,000 $235,000
Approval of Change Order Number One to the B & B Excavation, Inc. contract for construction of the
2003 Street Repair and Improvements is recommended, increasing the Contract Amount $10,157.04 from
$208,165.99 to $218,323.03.
Recommendations: Approve Change Order Number One to the B & B Excavating, Inc.
contract for construction of the 2003 Street Repair and Improvements, increasing the Contract Amount
$10,157.04 from $208,165.99 to $218,323.03.
Town Manager Comments:
CADocuments And Settings\Nwood\Local Settingffempo ZFfles\0LK2\C0 #1 Memo.Doc
CHANGE ORDER
Order No.: 1
Date: 10/17/2003
Agreement Date: 9/2/2003
NAME OF PROJECT: 2003 Street Repair and Improvements
OWNER: Town of Avon, Co oi-ado
CONTRACTOR: B & B Excavating
The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
Final Adjustments of Quantities
Area I - Hurd Lane
Item 2.2 - Add Removal and Disposal of Ex. Asphalt and Base
Per Square Foot 36 SF @ $2.35
Item 2.6 - Add Rotomill 2" Ex. Asphalt
Per Square Foot 175 SF @ $0.62
Item 3.1 - Add Subgrade Preparation and Compaction
Per Square Foot 18 SF @ $1.08
Item 3.2 - Deduct Class 6 Road Base
Per Ton -20.95 Tons @ $50.87
Item 3.3 - Add Asphaltic Concrete
Per Ton 13.98 Tons @ $70.75
$84.60
$108.50
$19.44
($1,065.73)
$989.09
Item 3.5 - Deduct 30" Curb and Gutter - 2 ft Pan (Catch and Spill)
Per Linear Foot -3 LF @ $30.42 ($91.26)
TOTAL AREA I
Area II - Shepherd Ridge and Ked Spur
Item 2.2 - Removal and Disposal of Ex. Concrete Pan
Per Square Foot 50 SF @ $2.24
Item 3.1 - Add Asphaltic Concrete
Per Ton 30.52 Ton @ $53.47
$44.64
2.00
$1,631.90
Co- 1
Item 3.2 - Add Concrete Pan - 6' x 24' x 8"
Per Square Foot 50 SF
Item 3.3 - Add Geotextile Fabric
Per Square Yard 28 SY
@ $15.15 $757.50
@ $8.96
TOTAL AREA II
Area III - Buck Creek Road (0+00 to 32+00)
Item 3.1 - Deduct Asphaltic Concrete
Per Ton -2.05 Ton @ $37.74
TOTAL AREA III
Area IV - Wildwood Rd (20+00 to 75+00)
Item 3.1 - Add Asphaltic Concrete
50.88
$2,752.28
($77.37)
($77.37)
Per Ton 142.95 Ton @ $37.11 $5,304.87
Item 3.5 - Add Geotextile Fabric
Per Square Yard 225 SY @ $8.96 $2,016.00
Item 4.1 - Add Adjust Manhole Rim
Per Each 3 Each @ $43.80 $131.40
Item 4.2 - Deduct Adjust Valve Box
Per Each -1 Each @ $14.79 ($14.79)
TOTAL AREA IV $7,437.48
TOTAL AREA I+II+III+IV $10,157.04
Change to CONTRACT PRICE: $10,157.04
Original CONTRACT PRICE: $208,165.99
The CONTRACT PRICE due to this CHANGE ORDER will be increased by $10,157.04.
The new CONTRACT PRICE including this CHANGE ORDER will be $218,323.03.
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased)(decreased) by 0 calendar days.
CO-2
3
The date for completion of all work will be November 1, 2003.
APPROVALS REQUIRED:
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved by Owner:
Federal Agency Approval (where applicable):
CO-3
Memo
TO: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Ruth Borne, Community Development
Date: November 5, 2003
Re: Release of Easement on Mountain Vista Resort Subdivision
Summary: As p art o f t he c onstruction a nd d evelopment a pproval for Lot C,
Sheraton Mountain Vista stormwater detention and pollution control facilities were
required and installed on Town property known as Tract G, Block 2, Benchmark
at Beaver Creek Subdivision. These stormwater detention and pollution control
facilities replace the historic drainage easement on Lot C. The purpose of
vacating this easement is to reflect the actual placement and installation of the
stormwater and detention facilities on Tract G.
Recommendations: Approval of vacating this easement is recommended on
Lot C, Mountain Vista Resort Subdivision to reflect the new drainage easement
and stormwater facilities created on Tract G.
Town Manager Comments:
?. X2
F:\COLlncil\MEMOS\2003Wacating Easement On Lot C.Doc
TERMINATION AND RELEASE OF EASEMENT
THIS TERMINATION AND RELEASE OF EASEMENT is executed this
day of , 2003 by the Town of Avon, County of Eagle, State of Colorado
(the "Town of Avon").
RECITALS
1. Pursuant to a Final Plat and Resubdivision of Lots B and C, Avon Center at Beaver
Creek (the "Final Plat"), recorded October 25, 1988, in the real estate records of Eagle County,
Colorado (the "Records") at Book 493 and Page 704 at Reception No. 389900, a drainage
easement (the "Drainage Easement") on Lot C, the property now known as Mountain Vista
Resort Subdivision, pursuant to the Final Plat therefor, recorded in Eagle County at Reception
No., 754854 and all amendments thereto, was dedicated to the Town of Avon.
2. The Final Plat states that the Drainage Easement was created solely for the benefit of
the Town of Avon.
3. Pursuant to the Final Plat and the restrictive easements and covenants set forth therein
relating to the Drainage Easement, the Drainage Easement may be released by the Town of
Avon, if drainage facilities ("Drainage Facilities") acceptable to the Town of Avon were
installed for Lots A, B and C, Avon Center at Beaver Creek.
4. The Town of Avon (a) has determined that acceptable Drainage Facilities have been
installed subject to the terms and conditions set forth in the Agreement Governing Design,
Construction, and Management of Storm Water Detention and Pollution Control Facilities
recorded with the Clerk and Recorder of Eagle County at Reception No. 731541 and (b) now
desires to terminate and release the Drainage Easement.
TERMINATION AND RELEASE
NOW, THEREFORE, in consideration of the Recitals set forth above and for other
valuable consideration, the Town of Avon hereby releases and terminates the Drainage Easement
and hereby waives, relinquishes and surrenders any rights in and to the Drainage Easement
which, from and after the date of execution hereof, shall no longer be of any force or effect.
IN WITNESS WHEREOF, this Termination and Release of Easement was executed by
the Town of Avon as of the date first written above to be effective as of that date.
TOWN OF AVON
By:_
Title:
CO_DOCS_A #135049 v4
2
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
SUBSCRIBED AND SWORN TO before
by
of the Town of Avon.
me this day of
as
WITNESS my hand and official seal.
My commission expires:
(SEAL)
CO_DOCS_A #135049 v4
Notary Public
2
1.?