TC Minutes 04-12-1994MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD APRIL 12, 1994 - 7:30 P.M.
The regular meeting of the Avon Town Council of the Town of Avon,
Colorado was held in the Municipal Building, 400 Benchmark Road,
Avon, Colorado, in the Council Chambers.
The meeting was called to order by Mayor Albert J. Reynolds at
7:30PM. A roll call was taken with Councilors Jack Fawcett, John
Hazard, Tom Hines, Celeste C. Nottingham, Jim Roof and Judy Yoder
present. Also present were Town Manager Bill James, Town
Attorney John Dunn, Planner Mary Holden, Superintendent of
Recreation Meryl Jacobs, Director of Municipal Services Larry
Brooks, Fire Chief Charlie Moore, Transportation Director Harry
Taylor, Police Chief Art Dalton, Assistance Police Chief Gary
Thomas, Town Clerk Patty Neyhart, as well as members of the press
and public.
First item on the Agenda under Citizen Input was the selection.of
the new Planning and Zoning Commissioners.
Ballots were distributed to Councilmembe'rs and collected by Town
Clerk Patty Neyhart. The Town Clerk tallied the votes and
Assistant Police Chief Gary Thomas verified the tally. Mayor
Reynolds announced that the newly appointed Planning and Zoning
Commissioners were Suzanne Railton, Bill Sargis;'and Rhoda
Schneiderman.
Second item on the Agenda under Citizen Input was Jay Hawkins
representing Eaglebend Phase III.
Mr. Jeff Spanel updated Council on Eaglebend Phase III,
affordable housing. Mr. Jay Hawkins has completed a preliminary
site plan. Mr. Spanel reminded that on Phases I and II there was
a waiver of fees for building permits and is requesting that
waiver for Phase III.
Mr. Hawkins stated this is an informal presentation of the site
plan and offers general use of the property. This is across the
river, along Highway 6 from the existing Eaglebend. This is a
very narrow site and is across from the proposed Boulders
development. The 30' set back has been maintained. Parking may
be of a concern and parking lot set backs may be reviewed and a
variance requested. The current sketch is for 59 units with the
proper amount of parking spaces.
Mr. Spanel stated this will be for one, two, and three bedroom
units. One unit may be lost due to necessary social spaces, such
as a laundry. The existing child care facility will be
incorporated into this Phase III. Currently, the rents for these
units will parallel what is across the River. Square footage is
similar to Phase I and II. Play areas are between the buildings
and along the river front. Parking may be a 'concern with the
current parking lot infringing on the set back. Some units have
parking under the building; at least 14-16 of the residents will
have covered parking.
Mr. Spanel again requested the fees to be waived. This project
would be through the non-profit corporation. Council's consensus
was, to discuss this further. Mr. Spanel asked if Council is
still in support of doing a third phase Eaglebend. Mayor
Reynolds felt it was great and commented that we could certainly
use affordable housing.
Third item on the Agenda under Citizen Input was Pat Casey
requesting a contribution for Project Graduation- Battle Mountain
High School.
Ms. Casey was delayed and Mayor Reynolds stated he will postpone
this until later in the meeting.
Added to the Agenda under Citizen Input was Tom Britz of Vertical
Marketing to discuss Bobfest.
Mr. Tom Britz requested Council to lift the moratorium set on the
tent restriction. Mr. Britz'ask the Council to set up the tent
for Bobfest due to Bobfest being such a highly publicized media
event.
Mr. Larry Brooks informed it takes 48 labor hours to erect the
tent and 2-3 to take it down. Mr. Britz reminded that last year
the Town provided the-tent as in-kind services, in addition to
the $10,000. Mr. Britz informed the overall budget for Bobfest
is $16,000. In-kind services also included Police at
approximately $600.
Councilor Yoder motioned to give them the tent. Councilor Roof
seconded the motion and the motion carried unanimously.
Council's consensus was to consider each request for the tent on
a case by case basis.
Second Reading of Ordinance No. 94-11, Series of 1994, AN
ORDINANCE PROVIDING FOR THE APPROVAL OF A REZONING 619.75 ACRES
OF LAND CURRENTLY ZONED OPEN SPACE, LANDSCAPING AND DRAINAGE, TO
PLANNED UNIT DEVELOPMENT AND AMEND THE MOUNTAIN STAR PLANNED UNIT
DEVELOPMENT TO INCLUDE THIS PROPERTY
Planner Mary Holden stated this is a second hearing with no
changes since first reading. This will include six residential
lots, a ,new location for ranch central, and 567.3 acres of open
space. This PUD does comply with criteria that has been set
forth in the staff report. Staff recommendation is for Council
to approve the rezoning with the following findings and
conditions; Findings: 1.) The rezoning is justified due to the
changing character of the area. 2.) The rezoning is consistent
with the Town of Avon Comprehensive Plan. 3.) The proposed use
is compatible and complimentary to the surrounding area and uses.
Conditions: 1.) The amendment to the Mountain Star PUD will be
incorporated into the existing Mountain Star PUD. Subdivision of
this land will be identified as Mountain Star Filing Number 2.
2.) The PUD Plan and PUD Guidelines and standards (including
allowed uses, site access and development standards) and the
planned unit development amendment and preliminary plat filing
No. 2,-dated January 14, 1994 be incorporated into and binding
upon the PUD zone district designation for this parcel of land.
3,.) The property be annexed into the Avon Metropolitan Water
District. 4.) Access'to the proposed equestrian area must be
shown on the PUD Plan. 5.) Public trails and related parking
areas must be shown on the PUD plan.
Ms. Holden clarified that Condition No. 2 was revised to include
the underlined wording above.
Councilor Fawcett motioned approval Ordinance No. 94-11, Series
of 1994 on second reading. Councilor Hazard seconded the motion.
The motion carried unanimously.
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Town Attorney John Dunn interjected that this is a public
hearing. Mayor Reynolds acknowledged the public hearing and
hearing no one, Mayor Reynolds proceeded with the Agenda.
First Reading of Ordinance No. 94-12, Series of 1994, AN
ORDINANCE PROVIDING FOR THE RE-ESTABLISHMENT OF A PLANNED UNIT
DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR LOT 3, NOTTINGHAM
STATION SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,, COLORADO
Mr. Bill James stated this is first reading of Ordinance No. 94-
12. This has gone through the Planning & Zoning Commission (P &
Z). And, P & Z has made a recommendation to'Council. Mr. James
suggested, after receiving information tonight, to take a tour of
the property. A public hearing will then be held at the next
Council meeting of April 26th. After the public hearing, Council
will have thirty days to make a decision and issue their findings
and conditions. Mr. James noted the importance of this as this
does carry some controversy with it.
Attorney Dunn added that this is part of the judicial process.
This is an ordinance which would rezone a,certain,property. The
matter will be before Council, at the next meeting, for public
hearing. Once the Council makes a decision, a person who is not
happy with that decision may appeal it,to the district court. If
an appeal should be taken.to district court, that is an appeal on
the record. There is no more"testimony in court, all the judge
does, in review of a decision like this, is to read the record,
the transcript of the hearing before the Council, look at the
documents presented, etc. This becomes very important; that the
hearing in fact be limited to the second reading of the
Ordinance, so that all of the information that is the basis of
Council's decision is presented in the course of that public
hearing, and should there be an appeal, then that could be
delivered to the court. What is appropriate at first reading is
presentation of the staff, so that staff explains what the issues
are so that you prepare yourselves for the hearing in two weeks
and also to look at the property in between,. Beyond that, unless
there are special circumstances, it should be limited to the
staff report.
Ms. Holden stated this is a first reading for the reestablishment
of the PUD development plan and standards. Ms. Holden informed
the Boulders does have PUD zoning in place. This is an
application to establish the development plan and the development
standards. The development plan deals with committed uses,
density, circulation, access, phasing, surfaces, and utilities.
The standards are the,guidelines that get specific on maximum
density, set backs, parking, maximum height, etc. This is for
150 residential units. There will be 3 1/2 acres dedicated to
the Town, along the Eagle River, along, with the 50' Hurd right of
way dedication to the Town. P & Z has reviewed this application
four times; January,4, 1994 as conceptual, March 1, 1994 the
first public hearing, March 8, 1994 was a worksession, and on
March 15, 1994 the second public hearing. The main issues
identified by P & Z were density, the Eagle River corridor and
the riparian environment and wetlands, the Hurd Lane connection
to the Eaglebend PUD, the traffic impacts, the views into the
site and the visibility of the site, and landscaping both
existing and what was being proposed. Staff concludes this meets
the criteria for the PUD zoning and the development plan and
recommends approval" with the following findings and conditions;
Findings are: 1.) The PUD is consistent with the development
patterns and locations set forth in the Town of Avon
Comprehensive Plan, 2.) The PUD is consistent with the
Comprehensive Plan goals and objectives related to land use and
proximity to the town core, 3.) The PUD is consistent with the
Comprehensive Plan goals and objectives related to the
environment,
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4.) The PUD is consistent with the Comprehensive Plan goals and
objectives related'to'access-to the Eagle River corridor and open
space dedication-along the Eagle River corridor, 5.) The PUD is
consistent with the Comprehensive Plan goals and objectives
related to sensitivity to the natural riparian environment along
the Eagle River corridor, 6:) The PUD is" consistent with the
Comprehensive Plan goals and objectives related to the
construction of Hurd Lane as access serving the north bank of the
River, 7.) The PUD is consistent with the Comprehensive Plan
goals and objectives related to the Riverfront District (Subarea
10) related to visibility from Highway 6/24, public access to the
River, buildings capitalizing on the River, setback from the
River to preserve its natural character, limit building heights
to three or four stories, and where possible, locate buildings
and parking to preserve and promote the health of existing
quality trees, 8.) The PUD is consistent with the Transportation
Plan traffic generation forecast for this property, 9.) The PUD
is consistent with the Transportation Plan goals and objectives
related to providing a continuous two-lane connection along the
Hurd Lane corridor, 10.) The PUD is consistent with the
Transportation Plan goals and objectives related to pedestrian
and transit improvements, 11.) The PUD is consistent with the
Recreation.Plan goals and objectives related to location of off-
street bike/pedestrian paths. Conditions are: 1.) The PUD
Guidelines and Standards described in the report (including
allowed uses, density, site access, and development standards) be
incorporated into and binding upon the PUD zone district
designation for the parcel, 2.) The Hurd Lane connection be
completed.to public road standards through to Eaglebend Drive, by
the applicants prior to the construction of Phase I, 3.) No site
disturbance, including grading or structures be allowed within
the 30' mean high water setback, 4.) A protective and erosion
control fence be installed along the 30' setback from the mean
annual high water/100 year flood mark prior to and during all
phases of construction, 5.) A soft surface pedestrian
trail/pathway, consistent with the Town's Recreation Plan, be
shown on the PUD Plan along the Eagle River. This trail shall
also connect to Hurd Lane west of Building I. The developer
shall construct this pathway during Phase I, 6.) The front yard
setback along Hurd Lane be in compliance with the Town's normal
standards of 25 feet, 7.) The distance between the buildings be a
minimum of 20 feet, consistent with Town standards, 8.) The
setback from the river preserve and respect the riparian
character and vegetation. As final comment to these conditions,
Staff has suggested changes to conditions 5, 7, and 8. Suggested
changes are as follows; Condition 5 would read that a hard
surface trail/pathway be required consistent with the Town of
Avon's Recreation Plan; Condition 7 would read the distance
between the buildings be a minimum of 15 feet, consistent with
town side yard setback standards; and Condition 8 should be
deleted due to the inconsistency with the Town's river setback
requirement of 30' from the mean annual high water mark. And,
further, .there is no definitive definition of a riparian
character and vegetation.
Councilor Fawcett confirmed the property already has a PUD; what
we are asking for is a reestablishment of the PUD. Mr. James
stated we approved the initial PUD, but that time has lapsed. So
now the applicants are asking for that PUD to be reestablished
with new development criteria. Each time a'PUD is approved it
has a time frame of three years. And, if the property is not
developed in the period of time, that approval lapses and council
has to authorize reestablishment. Mr. James clarified it's not
really lapsed; we are reestablishing the criteria for the new
development.
Councilor Yoder asked why staff changed the recommendation from
20' to 15' between the buildings. Ms. Holden stated side yard
setbacks are 7 1/2 and 7 1/2; totalling 15' is consistent with
what is found in the area and the Town's minimum standards.
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Mr.'Norm Wood confirmed Ms. Holden's statement. Mr. Wood
mentioned Wildridge, but this is difficult to transcribe as he
was away from the microphone. Councilor Yoder commented P & Z is
really not comfortable with the 151; they want 20'. Mr. James
confirmed Councilor Yoder's comment. Councilor Hazard asked what
P & Z's reasoning was to request 201. Ms. Holden believed it was
partly due to,Wildridge having setbacks of 10' on each side,
totalling 201.
Ms. Rhoda Schneiderman, member of P & Z, stated P & Z felt,
because of the overall density on the river corridor', as viewed
from Highway 6,•it was basically one line.of buildings, with no
real breaks. The buildings weren't staggered a lot. And, we
felt that 15' between buildings was.just not adequate to give any
feeling of space and to lessen the density. Referencing the 25'
front yard setbacks from Hurd Lane, 'P & Z felt there were so many
things that they were asking for a deviation in the norm, and
that Road is going to be extremely busy, we felt that with
pedestrians and bus traffic and car traffic, that the buildings
being so close to the road were not going to give adequate snow
storage as well as just room to move for all the pedestrians that
were going to be there. In the winter time,,where are they going
to put the snow; it is going to decrease that space. We are
basically talking about a very narrow space to accommodate a lot
of functions.
Councilor Hines commented so the two issues behind that 25'
setback were pedestrian traffic and snow storage. Ms.
Schneiderman agreed and added just traffic in general; the fact
that I think. this project is going to_have a lot of children in
it, being family oriented. We felt there is no reason why they
shouldn't be held to Town standards. With regard to the 10'
side setback, Ms. Schneiderman stated P & Z received a lot of
public input asking why they are allowed 10' setback and P & Z
felt that because of the density on the river corridor we really
should have more space between buildings; not only visually but
to create some sort of corridor; it is supposed to be public
access to the river. With the decks being that close together
they were just going to end up being a couple feet apart; the
actual overhangs on the decks. We just felt it was much too
congested. I didn't have any problem with the density, as far as
the number of units per acre, its just that I think because they
chose to do it in a'low rise situation, every phase of it, it
created very little open space. And, they have to maximize their
building potential by putting the buildings very close together
and lessening the setbacks. If they had put a fourth story on
the rear buildings we could have alleviated all that. So, they
chose the path and we felt it was just inappropriate for this
particular development.
Councilor Yoder- asked how many buildings in the development.
Ms. Schneiderman stated 15. Councilor Yoder commented that P & Z
is recommending they do a replat of this and have the 201. So, P
& Z is not recommending this plat be accepted. Ms. Schneiderman
stated the recommendation that P & Z made is that the PUD be
accepted, with the conditions.
Mr. Mark Donaldson, representing Southwest Partner's, introduced
Bill Sargis, one of.the principals in the group. Mr. Donaldson
asked for clarification on procedure. Mayor Reynolds stated the
actual public hearing will be at the next meeting and will be the
second reading of the Ordinance. Mr. Donaldson stated the PUD
designation has survived as a zoning designation. We are here
tonight to present a specific development plan that has the
'information that Ms. Holden presented regarding the items she has
listed under the development plan as well as the PUD guidelines.
We are being very specific with those proposals and we are here
to discuss each and everyone of them for you tonight.
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Mr. Donaldson continued, I have to take exception with one of Ms.
Schneiderman's statements. She made the statement that there has
been so many deviations from the norm in our proposal. And, to
the contrary, we are offering many exceptional advantages to the
Town of Avon in terms of a development plan; this density, this
type of development'. When the 30' stream setback was established
in the Comprehensive Plan it was done with full knowledge. At
the time of development of those standards, the Avon Station and
the Nottingham Stations parcels were very clearly understood in
terms of their development or capabilities and most importantly,
the limitations thereof. They are both long and narrow sites.
They are both going to have major circulation patterns through
them to be able to serve their sites, as well as adjacent lots.
They both have very significant impacts by the river, flood
plain, vegetation, so forth. And, they have to be compatible
with the rest of the community. With all of those things in
mind, we believe that the 30' setback from the river is a very
adequate setback. Even so, we are proposing that our minimum
setback from this river is nearly 40' for about 5016 of our
length, which is about 1,500' along the Eagle River corridor.
The other 50% ranges from 40' to 85' of setback. And, so one of
the goals that we have, in our proposal before you, is to
eliminate the obstacles to our being able to develop this amount
of density in a reasonable and logical fashion. We intentionally
selected low rise buildings, residential in nature, and character
of the architecture materials, the style, the roof form, the
massing, the roofing, the variations of the buildings, so forth.
When we go to a fourth story, we go to steel and concrete
construction. And, when we do that, we go up in the market
place, we go up in all kinds of cost, we7become more high rise on
the river and we sincerely feel that that is not appropriate. We
have developed a plan, that we feel, the entire staff is very
supportive of. We have a very simple road configuration from the
east to the west end. We have two intersections on our own site
that are cross intersections, that allows you to access each of
our building areas. On the north side, in what we are calling a
replatting of Lot 3, that is our affordable housing component of
this type of housing. We are offering a very wide variety and
mix of housing types from studios, ones, two, and threes with a
variety of square footage ranging from 400+ to about 2,100 square
feet. The idea of proposing affordable housing on the north side
of the extension of Hurd Lane is two fold. One is to create a
type of density that will allow proper housing that has access to
the community core; and we are concealing the parking. Secondly,
and most importantly for the balance of our development, this is
part of our noise and visual mitigation between the railroad
track and our long and narrow site. As I mentioned, we have a
railroad on the north, the river on the south, we have a long and
narrow site, and we are going to dedicate a 50' wide continuous
right of way through the middle of our site. After we dedicate
the 3 1/2 acres along the river frontage, our open space on the
plan is still 47t. The deviations, if you will, that we are
requesting from the norm are simply the Hurd Lane setbacks. And,
we are requesting 10' from the property line to our nearest
building area. And, that is not out of the norm in terms of
other existing development in this Town. There are many
buildings through out Town; Benchmark Plaza Building, Christie
Lodge, The Seasons that range from any where from 0 to 10'
setback off of city streets. In many cases, we know that the
asphalt was not built in the center of the right of way, and it
even impacts it in a greater way. We have good support from the
Town staff, from public works to engineering, etc, that has
agreed that our proposal for this 50' right of way of dedicating
the right of way, building the road to Town standards, all the
street furniture, the"sidewalks, the lighting, benches, trash
receptacles, including a bus stop, the bus shelter, the pull off
lane, and everything at our developers expense.
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We have left room in the proposal'for•snow storage, pedestrian
ways, green space in between the back up'curve and the sidewalk
and green space between the sidewalk which is common to our
property line, and then our own building. That is the one issue
we are asking for leniency of. And, of our developable property,
after the dedication of 3 1/2 acres along the river frontage, we
average just under 17 units per acre. For reference, residential
median zone district allows 15 units per acre, high density is 20
units per acre, so we'are right in the middle, we-aren't pushing
anything. We have lowered the density if you segregate the sites
by development sites. Our river side sites are just under 12
units per acre for all of our townhomes. We do not desire to
build high rises or steel and concrete structures; we desire to
build more mountain oriented and river frontage architecture.
This is a plan that is very well developed and is very much like
what we would like to take to construction. So, ordinarily, you
probably wouldn't see a plan this well developed graphically and
architecturally for a simple zone district designation. But, we
feel this strongly and we have committed this much effort to
developing this plan to show more about what we want to do; we
believe in the plan and would like to eliminate a couple of.the
obstacles we have, as we perceive them, in the P & Z
recommendations. Mr. Donaldson believed his letter of April 8th
outlined proposed changes to those that would allow development
in a responsible way. We are offering, as mentioned, the 3 1/2
acre dedication of the river front property for control and
exclusive management by the Town of Avon. We are proposing the
continuance of the Hurd Lane improvements, including all the
street standards; curb and gutter, asphalt, street furniture,
etc. On the Hurd Lane issue, I would like to comment, later on
in your hearings you will likely hear from the gentleman from
Eaglebend Partnership. We have had on-going discussions with
them. There is an issue about the 10' access to the east of our
property. We are here tonight to tell you we will work with
them, we will pay our fair share, and we will contribute the
amount of impact that our development proposes in relation or in
a pro-rata format to the other properties that will be
beneficiaries to the completion of Hurd Lane. There has been
much discussion about whether or not Hurd Lane should go through
as a public street. In some of our hearings with P & Z, they
struggled with, well, should it be a private street, should it be
a complete city street thoroughfare. There were concerns about
the traffic going either way. We are here to commit to
completion of your Transportation Plan, as it is put forth, which
includes issues set forth in your Comprehensive Plan, which
allows for the bus service to be more continuous, more efficient
and more logical in its circulation patterns around Town and will
eventually loop correctly. We think that is an important
feature. As far as deviations from the norm, I don't know of
any. We have extremely high percentages of open space. A normal
open space in a commercial or high density district is 20t-25% of
open space. We are proposing 35% open space; without asphalt,
without buildings. We are not Mountain Star, we do not have a
section of land to deal with. But in a development, like this,
near the Town core, which from everything we can glean from all
of your documents; the Comprehensive Plan, the Design Guidelines,
Title 17 Zoning, and the Transportation Plan, this site deserves
this amount of density. And, while a lot of comments have been
made about the density is OK, there are certain restrictions that
we feel are being requested of us that prevent us from building
the quality and nature of the density that we feel is appropriate
for this site. About 40% of our parking is covered. As you can
tell, on the north side of the condominiums, all of the parking
is either underneath the buildings or behind the buildings. . We
have behind that part,of the site the railroad tracks, the back
of the Christie Sports Building, Wal-Mart,'and City'Market. We
are obviously focusing the other way; we feel that is a
reasonable mitigation pattern of our structure.
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Mr. Donaldson continued that the site coverage is another
enormous planning tool; a yard stick by which to judge
development standards. In most of your zone districts in Title
17 you allow up to 50k coverage on a site by buildings. We are
cutting that in half. We are restricting ourselves to 25% of
building coverage on site. I think at this time I would like to
turn it back over to Council and be available for questions.
Mayor Reynolds asked if Mr. Donaldson has any provisions for
public access to the river. Mr. Donaldson stated yes sir. We
have intentionally configured our riverfront dedication so that
it abuts the existing Tracts A & B, which are open space parcels
presently owned by the Town of Avon. So, we have intentionally
brought our dedication line around, carefully retaining a small
area for project identification signage in a landscape setting.
Everything else there, in working with your staff, what we have
come up with is that on the south side of Hurd Lane between our
property and Avon Road there is room for along the street
parking; we are going to build the access way down to the river
frontage. The type of foot path being proposed along the river
frontage; we are willing to build that. We think it is wrong and
are open to suggestions. The P & Z, after negotiating and
discussing with us at great length; we all come to the conclusion
that a soft scape type path would be the appropriate method
there. But, because of the terrain change, the change in water
elevation seasonally and so forth, and most particularly the
difficult terrain as you get to the eastern end as far as
accessing back up to Hurd Lane and making a continuous link, it
is very very difficult. If you walk that site you will see the
mature cottonwoods on the east end, you'll see the steep terrain
that we are staying out of and so forth. It is really difficult
to imagine how a continuous path would be built.
Councilor Hazard-asked it there was any space for a playground.
Mr. Donaldson stated there are a couple of small areas; three
areas. Like I said, we have 47!s open space.
Councilor Hines stated it is in the recreation master plan and it
is specked out as a hard trail system, conceptually. I remember
when we went through all that, we did understand the impacts of
either end of that property. But, the concept behind that was at
some point in time we would have a hard trail system that would
connect all the way through Avon. I still think that is the
intent of the recreation plan. I haven't seen movement.'from
Council saying 'we wish to deviate from that at this stage of the
game. Both P & Z and Staff recommend putting in that trail
system; one says soft and one says hard. Mr. Donaldson stated we
are simple making's statement that we don't see how it can be
done. We are willing to pay for it, once. But, when the river
takes it away, ,I don't know. I think a site visit is a very good
idea. The terrain is just very difficult. I-don't know how the
machinery would get in'there to construct it. One of the very
key issues that we have all agreed to is that we are going to
build a continuous erosion control and construction control
fence, which I envision as being a continuous roll of hay bales
for sedimentation collection, construction fencing, etc. so that
there is no disturbance. And, that is very clear in P & Z's
recommendations. No disturbance beyond this particular line.
And, that line runs along in front of all of our townhome
buildings. That is the first thing that will be built on the
site, is the line across there. What contradicts that is then
now go down in there and tear it up and build a trail. We are a
little bit at odds with that requirement. We will build a soft
scape, a hard scape. We originally started with the idea of the
continuous linkage along Hurd Lane. That is why we are proposing
sidewalks on both sides. We think the most logical solution for
that particular segment is to keep them up on Hurd Lane.
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We think that the park like setting along the river front, that
can be developed eventually by the Town for,any type of
recreation, open space usage, would better be served with a-more
limited access along there. I just don't see where it is going
to go. Councilor Hines stated this is all information for us and
I do not want to make judgement. Initially hearing that there is
already some concern over the Hurd Lane connection and in terms
of traffic that may be generated, not only by your project but by
Lots 1, 2, Eaglebend, you know once that is a thorough fare, then
you have the same sort of issues that you already have existing
with Route 6 as it stands and what a hazard that is to ride a
bike down. That's just devil's advocate. Mr. Donaldson felt
they are offering a higher quality solution than what exists on
Highway 6, because we have a separate walking and bike path from
the vehicular route. Councilor Hines stated but that is also
your major pedestrian movement for your project and you would
certainly be cramping yourself if you tried to accommodate both.
You know, I think the hope behind doing the bike path was that we
would have something in place that interconnected with Vail,
eventually all the way down to the Canyon. By the way, they did
build a path along side the river down there in some tight areas.
The thing is that hopefully we are looking at generating an awful
lot of two wheel traffic on that path. Mr. Donaldson stated that
I think you want to build that path through there; you are going
to be faced with the same issues that we have been faced with in
our proposal and that is the destruction of trees along the river
front. To summarize our position, we will build it. That is not
a problem.
Mr. Donaldson continued, the two deal killers in this are the set
backs from Hurd Lane and the undefined setback from the Eagle
River. We want a really clear definition of the Eagle River
setback. And, to read from my letter of April 8th, to revised
the language of condition No. 8; the developer shall be allowed
to build within the proximity to the Eagle River as depicted in
the PUD development plan dated March 15, 1994 with no further set
backs required. The language from the P & Z's Resolution to you
was very vague; it just said protect the Eagle River corridor.
We had probably 15 hours of discussions with the P & Z and we
thought we were well defined there and then after an executive
session a few minutes before the vote there were some things that
came out of that meeting that we had'not even discussed that
night. And, so we just, I guess what I opened up with is that we
have a very well thought out plan that we would like to pursue
and in order to pursue that plan we need to know that we can
build within these limits.
Mr. Donaldson stated I do want to take another minute and define
for you how this river side townhome alignment was finally
arrived at. The first most restrictive condition is the 30' set
back from the mean annual high water mark. Now, in the Town of
Vail and in Eagle County and different areas area here, there are
set backs from the center line of the river. This is from the
edge of the water and it is the annual bath tub ring. Councilor
Hines asked if you were to do it 50' from center of'-the river . .
Mr. Donaldson stated it would be less. Councilor Hines commented
it would have been an awful lot less and you would have to talk
to the Corps of Engineers. Mr. Donaldson concurred. We have
wetlands and flood plain studies performed by specialists in
their fields. The first, as I said, was,the 301-from the mean
from the annual high water mark. The second is the flood plain
set back, which is a determination that has been made by our
engineers in terms of doing cross sections of the river at
different points, analyzing the flow rates, and how the water
disburses itself along our topography. And,, the third was our
response to a lot of significant public input and that is a
significant stand of cottonwood trees on the east end of,our
property. We previously had two townhome buildings on the.far
east end. '
9
9 i
We have eliminated a nine or ten unit building to pull that river
side building back to get out of probably 80 or so percent of
those trees. There is still some loss of the trees on the north
side of that stand, but very minimal. But, the proposal that we
are requesting is a combination of the most restrictive of those
three. There are areas where the flood plain and the 30' annual
intertwine; one becomes more restrictive than the other then the
other becomes more restrictive. That is what sets up the
syncopation there for about half the length. Then as you get up
towards the steeper topography and the more cottonwood trees we
just set ourselves back more and more and more. So, we would
like to define that line in a surveyors dimension or a meets and
bounds or something. But, we would like to be able to build our
balcony edges to that line. And, that would also be our no
disturbance line. We would put up a protective fence and protect
that area. But, everything we have done here is to design
buildings, to integrate them into this river side corridor. If
we had to set our buildings back completely up on the tabletop 'of
this site, I would think that it would be about a 40 unit
development and financially unfeasible. But, we are proposing to
keep the scale and architecture and the density and open space in
such a manner that is acceptable and is really compatible with
the surrounding residential uses.
Councilor Hines stated he wanted to ask a question on the one
statement regarding Mr. Donaldson's letter of April 8th.
Condition 7, the distance between exterior building walls shall
be 201; does that mean there is encroachment by something else.
Mr. Donaldson stated the roof overhangs and balcony overhangs, I
believe the Staff reports said something about 2' from each side
encroaching; what we are trying to do is stick to the language
that is in your codes as far as set backs from building to
building. We would like to stay at the 151, but we didn't want
to take issue with too many conditions. We can deal with the
201, we would like to have the 151, but 20' is do-able. And, the
walls in most of the areas are splayed somewhat, apart from one
another, so the closest point would be 20' and they would splay
about. Councilor Hines asked, then the encroachment of 2' with
roof overhangs and your balconies . . . Mr. Donaldson said yes.
Councilor Yoder requested staff's response to Mr. Donaldson's
response to staff's conditions; did'you get a chance to.look at
Mr. Donaldson's letter of April 8th where he has about five
different ways of phrasing things. Mr. Wood stated that on item
No. 6 on the 20' setback,,staff does not have an issue with that
one. That is up to the applicant to convince"you that the site
development plan deserves that; that is part of the purpose of
the Pub and the variance-from that. Mr. Wood was away from the
microphone making transcription unavailable regarding something
about the 10' set back. There were too many people speaking and
unable to transcribe. Mr. Wood stated No. 5, we believe that
condition should stand as staff recommended; the bike path be
installed with a hard surface. Mr. James stated we will take a
look during our tour. We did not want to deviate from what our
master plan called for. P & Z has had the opportunity to view
the site and Council should have that opportunity to do the same.
You may reach the same conclusion. Mr. Wood stated with item No.
2, we believe the condition, as recommended in-the P & Z actions,
that Hurd Lane be complete thru. It would be consistent with our
transportation plan. Again, this section is unavailable for
transcription due to Mr. Wood away from the microphone and a
train passing in the background. Mr. Donaldson stated we are
trying to create a workable team that will make this access
continuous. My client's position is that Eaglebend and Southwest
Partners are not the only beneficiaries of this extension. It
appears that what we need to work out is that we match their
contribution.
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But, we need your assistance; in view of the formation of a
taxing district or some special subdivision improvements
agreement that allows us to share those costs with future
developers as they come along to develop their properties. It
is the only fair way that we can see. I don't know how those
percentages would work out; if it is a matter of square footage
of residential areas, square footage of commercial uses, impacts
or anything like that. I think there has got to be a fair and
equitable way for that to happen. We will pay our prorata share.
Eaglebend has stepped up to bat and they paid $800,000 to build
that bridge. Our project will benefit from that, but not 50t.
And, if we can come to some kind of arrangement that our zoning
is contingent upon making this contribution, letting the lane get
opened up, let the thorough fare happen, our only request is that
we be able to continue to assess people as they come along.
There is a strong potential that Eaglebend lane will eventually
go through yet to the other bridge to the east that will be more
development sites picked up that will benefit that long
continuous lane. There are two lots on the west end of our
property, Lots 1 and 2, there are other small parcels; it is that
simple; we are willing to pay our share.
Mr. Wood continued, item No. 7 the distance between the exterior
walls shall be 20' as they have agreed to. I believe that is
probably from the 2' overhang; it is pretty consistent with staff
recommendation of the 15' setback when you allow the overhang on
the 201, or whether you have the 15' with no overhang. Sounds
like it is very consistent. Ms. Holden stated Staff's
recommendation is to delete item No. 8 and have them respect the
30' setback along the Eagle River or the 30' setback the annual
mean high water mark. Mr. Wood stated No. 8 agrees with more
than what staff has recommended. Too many speaking and too many
away from microphones. Mr. Donaldson was explaining high water
set backs. Mayor Reynolds asked how much wetlands are in there.
Mr: Donaldson stated the wetlands and the 30' annual mark
intertwine with one another. Mr. Donaldson stepped away from the
microphone to discussed a displayed map. Mayor Reynolds stated
there is a concern about saving some of those big trees. Mr.
Donaldson understood that.
Councilor Fawcett stated he still wanted further clarification on
the discussions you have been having with the party that
originally built the bridge and your fair share and how you
intend to approach the Council if you do so in the future
requesting obviously some form of forming a special district or
whatever. Mr. Donaldson stated we are willing to pay our fair
share. In rough numbers we think that between Eaglebend and our
development, maybe that is a total of 8096 of the beneficiaries.
Maybe I'm off 5% one way or the other. But, we are probably
trying to shake out maybe $100,000 of costs that should be born
by other people in the future. We don't have an issue as far as
should this prorata share be paid to Mr. Klinestein; he made the
investment, he was in a difficult position when he needed to
develop; he paid the entire price himself and he is looking to us
as the second generation developer that needs'the benefit from
this bridge. We're here to pay our share. To write a check for
$400,000 and to ignore the other beneficiaries doesn't seem
equitable. We can put that in written form.or meet-with Council
to come to some sort of an agreement as to how that would work.
That was done in the past with Eaglebend and there is certain
restrictions that were placed on the deed at that time that I
think carry forward to what we are proposing now.-'I''think
something along those lines would be workable. Councilor Fawcett
stated I guess that is what I am getting at; exactly what you
intend to approach Council with or the Town of Avon with, in
terms of your joint recommendation; agreement that you and
Eaglebend may have come to; what are you going to come forward to
us with. Mr. Bill Sargis stated we can't really answer that yet.
We understand that there is a $400,000 issue.
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We also recognize and fully understand that the Town, through an
agreement, has lost the right of condemnation and imminent domain
and what have you. So we are truly talking about a purchase
scenario here. What I believe we are looking for is to be able
to come out of Town Council, that we have our zoning subject to
resolution of this issue since the Town wants the right of way
through Eaglebend. There is a $400,000 issue. Discussions have
been taking place for about three months now with Eaglebend.
And, there are payment schedules to work out, what have you.
Again, just to reiterate, I believe what Mr. Donaldson was saying
that it is unfair we believe, as it would have been for Eaglebend
to force them to pay for the entire bridge, so they look to us.
We simply want the sort of right. The gentlemen that own Lots 1
and 2 will certainly benefit in the future. And, from what the
Town did for Eaglebend,,to preserve those documents, to prevent
the Town from any kind of legal procedure to annex or take that
ground, we are simply asking for the same thing. But, we fully
lntena to come to an agreement in wnatever norm the -1-own attorney
would require or need and execute it. We are just looking for
the right to be able to disburse the cost to future developers,
no different than what Eaglebend has done to us. Councilor
Fawcett stated than basically you folks have to come to some type
of agreement which then the Town has to either ratify or amend or
agree to, prior to any final action being taken on the PUD. Mr.
Sargis stated what we would really like to have is approval of
zoning, subject to such agreement, as opposed to deferring any
kind of approval process. We fully intend to go ahead. We have
known about this from day one. We have spent an enormous amount
of time. We've had lots of conversations with the Eaglebend
partnership group. We are prepared for an agreement and they are
prepared. We just simply want to be able to structure an
agreement that we assume would be fair for future developers.
Councilor Hines commented he didn't realize we had lost imminent
domain over there. Councilor Hines commented, where you're at,
is that they are requesting you to pay $400,000 for that portion
of land. Mr. Sargis stated correct. Councilor Hines questioned,
you stated that you want to do it on a prorata basis and attach
it back to Lots 1 and 2. Or, are we talking a combination of .
Eaglebend, yourselves, Lots 1 and 2. Mr. Sargis stated in that
entire subdivision area, Eaglebend benefits from that right-a-way
and we would benefit, Southwest Partners. We proposed that there
is still land available for future development. And, under- the
same situation where Eaglebend has an agreement, I believe with
the Town, and I don't mean to speak out of turn here, that
protected their investment in the $800,000 bridge, which was
realization that whoever else came in to develop that property
would have to pay prorata share; in our case it was half. If we
were the only developers there, then half would be fair and
reasonable. We are simply saying, and I am not picking out any
particular developer, any other land for sale or any other
potential development that goes on, I believe should have the
same sort of restrictions or requirements of fairness attached to
it. Mr. James thought our Town Council should review. Mr. Bruce
Stocks, an attorney representing the Eaglebend Partnership,
stated Eaglebend supports the project, but we are concerned about
working out this access issue and are committed to doing our best
to do that with the developers of the Boulders. With respect to
the agreement that has been eluded to; in 1987 when Eaglebend
annexed it's land into the Town and dedicated the roadways and
bridge, it kept a piece of land private and retained ownership to
that on the western end of the Eaglebend property, between the
road and the property line. And, the effect of that agreement
and the intention of it and the understanding was that it would
remain private and could not become a public roadway, except on
terms that were acceptable to Eaglebend. It was intended to give
Eaglebend the ability to recoup part of the very considerable
investment it made in the bridge when it was required to have two
means of access, when they initially developed the property back
in 1987.
12
But, Eaglebend is committed to working with the developers and
trying to get this down on acceptable terms. It is our belief
that it is essentially a private matter between the two
developers. And, going forward, we would also be amenable to
working out some basis for everyone that is in to the cost of the
bridge at that point; recouping part of their investment if
others are in a position of using it down the road. Councilor
Hines commented so the whole basis behind this.thing,is they
retain that 10' section of land in order to recoup the cost on
construction, capital cost for construction of the bridge. Mr.
Stocks stated yes. Councilor Hines commented so therefore the
inflated figure of $400,000, for a 10' section of land. Mr.
Stocks stated I wouldn't say it is inflated. Mr. Stocks stated
it was $800,000 total cost in 1980 dollars. That is without any
cost of inflation or interest at that point. And, that is what
we are looking at now or what has been discussed at this point.
Mayor Reynolds stated I am glad you guys are working it out and
not us. An unidentified man added one thing in light of what Mr.
S,argis said that he is correct, we can work it out and if we
request the Council, the question is if there is a methodology
legally to add further developers to come in and show the cost
and that is what he'is eluding to and that is what we are working
with him on as well. That is when we look to the Council for
help, if the Council can. Other than that, we think it is a
private matter to be discussed on our own. But we do support his
project.
Councilor Fawcett commented with respect to the bridge, I would
hope to see some agreement reached between the parties and with
the help of Council if necessary, at the same time that we
approve, should we approve, the PUD. Because, to make it subject
to'in other words; OK, we approve the zoning subject to you folks
getting together on bridge ingress, egress, on the bridge; and
construction starts and six months later there is no agreement
because you can't agree for whatever reason, that could present
some problems for everyone. So, to me if you could solve this
issue simultaneously with the PUD . . . Mr. Sargis interjected,
in the staff report it mentions the approval of the PUD and going
through design review and obtaining a permit that this has to be
put to bed, sort of speak, prior to any issuance of a building
permit. I believe that is a guarantee; that this agreement has
to be in place. In essence, what the agreement-is, is we'are
guaranteeing the Town, prior to any receipt of any building
permit, that we will provide that right of way. Councilor
Fawcett stated I would think you would want this agreement sooner
than later. Mr. Sargis stated sooner than later.
Mr. Donaldson asked if there were any questions regarding the
Hurd Lane setbacks- Hearing no questions, Mayor Reynolds open
the meeting to public input.
Ms. Chris Ekrem, resident at 4130 Eaglebend Drive, stated I too
have attended the P & Z sessions in regard to this issue. One
question that I would like to ask the developers is-_the last:
meeting in March which you presented your revised information in
it, I thought that I heard that you were going to bring the
density down again to 140 units and this evening I've heard no
mention of this. I wonder if this could be discussed, please.
Mr. Donaldson responded we have never made such a statement.
Mr. Tony Siebert stated he is wearing two hats this evening;
first of all I am a developer here in Avon and secondly I am also
a private citizen and homeowner on Eaglebend Drive. Mr. Siebert
stated let me give you two cents worth of background as a
developer. I have been developing in Colorado since 1969 and
have developed almost 1/2 billion dollars worth of property.
Lost most of it in the 1985 crash and came to Avon in 1988 in
semi-retirement and have been building duplexes and some condos
in Avon since that time.
13
Mr. Siebert continued, we looked, as developers, at this property
and submitted a contract on it and met with Town of Avon planning
staff. We were informed at that time that we would have to, at
our cost, complete Hurd Lane,and that brought up the $400,000
issue. Based on the timing, this was several years ago, and the
timing was such that the real estate values hadn't appreciated to
what they are today, so we backed off the property. We did not
consummate a sale; did not follow through. Never the less, as a
developer, I was prepared to incur the full cost of putting in
Hurd Lane. And, let me state, in every other project that I have
done in Denver, Colorado Springs, Boulder, and Westminster,
wherein I am developing a significant parcel of land and wherein
I have to put, or there are additional roads required, utilities
required, what have you to develop my piece of ground, I have
always ended up having to pay for all of those utility
extensions, road expansions, etc. myself. In every case, the
municipality, or the county, or the state, that was governing the
issue permitted me to put in a recovery agreement, wherein as
other property owners, along that same road that I developed,
installed apartment buildings or commercial properties or what
have you; developed their property, they would pay me back a fair
share portion of that road, or utility, or street light or what
have you. It's the norm in the industry. The developer
typically goes.in with that expectation. The developer always
goes to the governing body and asks for relief. And, I would
expect nothing else from these developers: Now -let me put my
private citizen hat on. As a private citizen, I will fight tooth
and'nail to preclude the Town of Avon paying out a nickel of
their money to extend Hurd Road. I expect the developer to pay
for that road and'I think it is very fair that he recover a share
of his costs, as time goes on and as other people develop
properties that are in fact accessed by that road and improved by
that road. But, I_don't think it is reasonable,to expect the
Town of Avon to put out anything for access, to paying for that
access road. Mayor Reynolds stated I don't think anybody has
asked us for that, have they. No one has asked us. Mr. Seibert
stated it was his understanding there was such an action that had
been taken or might. Councilor Fawcett stated we haven't heard
of it. Mr. Seibert stated good. Councilor Fawcett thought we
would tend to agree with you.
Councilor Nottingham stated as our Town Attorney stated earlier,
all of you who have come here to say something tonight that you
thought was important, whatever, to of course realize that as he
stated earlier, the next meeting, that this was an informational
meeting, and that the next meeting is the actual public hearing,
in case for any reason it would have to be taken further. So,
you might want to consider that as far as putting it mentally on
schedule if you want to make sure if any problems were to come up
that your interest would be covered. I just wasn't to sure that
people realized that this wasn't exactly the public, public
hearing. Am I correct, John. If it has to be carried farther;
in to dispute I am saying. So, you know, to make sure that you
be heard'by the people that you want to be heard by; this was
informational.
Mayor Reynolds asked if Council wanted to take any action on this
ordinance. Councilor Hines stated there are three different sets
of recommendations; one from the developers, one from P & Z, and
one from Staff. I don't know if you want to do a combination of
the three or you want; just follow the recommendations of one or
the other. Mr. Donaldson stated that because of the discussions
tonight and some of the coming together on some of the issues, we
are probably more in agreement with the Staff report and maybe we
could touch on those. I guess No. 2, we are paying for the right
of way and improvements through out our property as well as our
participatory part on the 10' strip of land or the bridge, how
ever you want to phrase it.
14
Mr. Donaldson continued, so, I think we could probably accept
staff's condition No. 2, provided we look to the Town.for some
assistance in facilitating; this recovery agreement that Mr.
Seibert mentioned. Attorney Dunn interjected and stated may I
make a suggestion. Attorney Dunn thought we are really getting
ahead of ourselves. Obviously staff needs to address particular
issues with respect to recovery that has been discussed. I think
all you need to do at this point is to get the ordinance adopted
on first reading so that it can proceed to second reading in two
weeks. I think that the decisions, that you are thinking about,
ate appropriately made at that time. Councilor Hazard asked if
Attorney Dunn was suggesting to approve this first reading.
Attorney Dunn stated that was a suggestion. Councilor Fawcett
wanted to clarify Attorney Dunn's comments. In other words,
procedurally we'll go ahead and pass this ordinance on first
reading. But, in terms of amendments, changes that we, staff, or
whatever, that will come up in two weeks time. Attorney Dunn
stated that is correct. Attorney Dunn stated after; you need the
benefit of receiving comments. Councilor Fawcett added, we would
like to see the property and many other things to really get
involved.
Councilor Hines motioned approval of Ordinance No. 94'-'12, Series
of 1994, on first reading. Councilor Fawcett seconded the
motion-. Motion carried unanimously.
Mr. Donaldson thanked Council for their time and invited Council
to a site tour at their convenience, before the„ next meeting.
Mayor Reynolds stated we are going next Tuesday at 4s00pm,,
subject to change.
Mayor Reynolds informed Ms. Pat Casey is present; she was
unavoidably delayed this evening and that she would like to
address the Council at this time.
Ms. Casey requested a contribution of $200 for Project Graduation
for Battle Mountain High School. Project Graduation is an
alcohol and drug free celebration on the night of graduation.
Councilor Hazard motioned to grant a contribution of $200 for
project graduation - Battle Mountain High School. Councilor
Nottingham seconded the motion and the motion carried
unanimously.
Councilor Hines stated from here on out, no more money guys.
Mr. James stated he will take the $200 out of the special events
account.
Councilor Roof suggested to contact all organizations that
receive contributions, as well as those that don't. Town Clerk
Neyhart agreed that in the future all will receive letters.
Resolution No. 94-15, Series of 1994, A RESOLUTION APPROVING THE
PRELIMINARY PLAN FOR FILING NO. 2, MOUNTAIN STAR SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO
Mayor Reynolds noted this is a public hearing.
Ms. Holden stated this is a preliminary plan for Filing No. 2,
Mountain Star. It contains 619.75 acres. There will be six
residential lots, new ranch central location, and 567.34 acres of
open space dedicated, with Tract Y being dedicated to the Town.
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It is in general conformance with our preliminary plan
requirements. Recommendation is before Council to approve
Resolution No. 94=15 and the proposed preliminary plan for filing
No. 2, Mountain Star with the following conditions; 1.) that
Tracts V and W be defined as public access and maintenance
easements for slope maintenance along Mountain Star Road, 2.)
that the Final Plat include Tract Y, with dedication to the Town
of Avon, 3.) that a Subdivision Improvements Agreement for Filing
No. 2 be approved by the Town Council at Final Plat.
Mr. Rick Pylman, representing Mountain Star, gave overview of the
preliminary plan.
Councilor Roof motioned to adopt Resolution No. 94-15, Series of
1994. Councilor Hazard seconded the motion and the motion
carried unanimously.
Resolution No. 94-11, Series of 1994, A RESOLUTION DESIGNATED
PROVIDING FOR THE AWARD OF THE TOWN OF AVON, COLORADO, SALES TAX
REVENUE BONDS, SERIES 1994 TO COUGHLIN & CO., INC.; PROVIDING FOR
THE INTEREST RATES FOR EACH MATURITY OF THE BONDS; APPROVING THE
PURCHASE AGREEMENT AND PRELIMINARY OFFICIAL STATEMENT IN
CONNECTION THEREWITH; AND PROVIDING THE EFFECTIVE DATE HEREOF.
Mr. James recommended this matter be tabled to the next meeting..
Councilor Fawcett motioned to table Resolution No. 94-11, Series
of 1,994 till the next meeting. Councilor Hines seconded the
motion and the motion carried unanimously.
Next on the Agenda under Unfinished Business was'the Grant of
Easement /-Anointed-Christian Church.
Mayor Reynolds-stated he understood the two parties were unable
to get together."
Pastor Richard VanDusen wrote a letter to Council addressing the
issues that were brought up at last time..-I;did try to meet with
the Chambertin folks.- We-had numerous phone calls and none were
returned. We have not been contacted one time. We finally did
have a meeting, with reluctance on the Chambertin Homeowners'.
President, with the stipulation that they have already given
their opinions. So, the lawyer wasn't present, and nothing was
accomplished.
Councilor Fawcett asked if Pastor VanDusen was of the opinion
that the matter was left on the basis that both parties would get
together and discuss this matter. Pastor VanDusen said yes.
Mayor Reynolds stated he was under the impression that Mr.
Shapiro and the Chambertin attorney would get together.
Mr. Shapiro stated that when he walked out of the last meeting he
said to Mr. Eskwith we need to get together. Mr. Eskwith said
well you need to get together through ban because that is who I
represent; I can't make any decisions for them that they don't
want me to make. But, I believe that if we get together, we can
make it work out. Then what happened was 'I called Dan the day
after the meeting., He said he was not able to meet in the
immediate future as he was going out of town. Then,
unfortunately my wife had to have hand surgery, so I was out of
town for a week. But, starting the day he got back, Pastor
VanDusen tried to set up a meeting with him.
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Mr. Shapiro continued, Dan did express to me, but he is here and
can speak for himself, in the brief conservation I had with him,
that he saw a meeting as not being real productive because he
couldn't do anything-without his owners telling him to do
something different. I inferred that therefore if he can't tell
Mr.. Eskwith anything different, that nothing can happen. And,
then Pastor did have the meeting and as Pastor said it was
Pastor's impression that they really didn't want to make any
concessions in their position, not withstanding the fact that
Council hoped we could appear today, instead of being
adversaries, with some kind of joint agreement. And, we had
hoped that too. But, to put this in perspective, I just want it
to be of record that I think we applied for a building permit
close to twelve weeks ago and we have had our building permit
ready to be issued for now I think seven weeks, counting this
three week delay. And, so that is a really long time to wait to
resolve something that, I want to remind you, we,only did this
because the Town Staff and the P & Z didn't suggest it, they
basically said we want you to redesign your access,through the
joint property that the'Town owns. We are not at a conceptual
problem. We have finished working drawings, a permit ready to be
issued, they are ready to break ground, we have been ready to
break ground for now seven weeks and we really would like the
Council to take some action so our building permit can be issued.
That is pretty much repeating what I said last meeting, but now
its three weeks later. "'And, we did invite someone from Alpine
Engineering to be here tonight, because there were a lot of
questions about the engineering, the drainage, and things like
that which as Pastor pointed out in his letter, has been approved
by the Staff and P & Z. But not withstanding, if you want to ask
Alpine Engineering again, they have the representative here that
can answer any questions about the design of the access. Also
the attorney for the church is here, Kevin Lindahl.
Councilor Roof stated that according to Pastor VanDusen's letter,
the entrance that now exists is 56' wide and in Steve Amsbaugh's
memo it says it is 22' wide. Which is it. Pastor VanDusen
stated the road that goes into the Chambertin property is 211-22'
wide. Where it fans out to meet the road it is 56+1. Councilor
Roof stated so the narrowest part is 22' and the pavement as it
meets Nottingham Road is 56' wide. Pastor VanDusen stated right.
Pastor VanDusen added that Nottingham Road is 22' wide.
Mr. Eskwith did think he was going to get called by his client
and that he, his client and Mr. Shapiro would sit down and
discuss some of the issues that are involved with the granting of
a second easement to this easement area. I think that the
homeowners are still very concerned about the easement. I would
like to restate that I think there are some legal questions here
that haven't been fully addressed. Most of the cases in Colorado
discuss the relationship between the grantor, the property owner,
and the grantee. One thing is clear if indeed an owner has the
right to give more than one easement to the same easement area,
the second easement is junior to the first easement. We are the
senior easement and we have primary rights. I guess the question
is; is what is happening here an unreasonable interference with
the rights of Chambertin. They certainly feel it is and are very
concerned about it. They feel property values will be affected.
They feel there is,a safety issue. The feel that given the
grade, the mutual use of this easement by both parties is unsafe.
And, they feel there will'be interference with their ability to
use the easement as freely as they did previously. I understand
that the Council is in a position where they have an approval of
a development and that approval shows this particular access.
That is a.difficult situation for us; I don't think we were
involved in that approval process.
17
i •
Mr. Eskwith continued, we would still like and hope and wish that
there was something that could satisfy both the Church and
Chambertin that would be mutually beneficial without giving
Chambertin the kind of problems that they are frightened of
during both construction process and during the use by the
church.- I was just curious as to why easement / access couldn't
be created that was in the same area that is owned by the Town,
but along side the access to Chambertin; is there any reason why
that can't be done or why that hasn't been considered; so that
Chambertin has their entrance and the Church has it's entrance.
Mr. Glen Palmer from Alpine Engineering stated I would assume on
a road like that you probably try and minimize the access points
to matters that balance between mobility and whatever. Like I-
70, there are no driveways in it. And, on a road like that, that
serves Wildridge an.d~,Mountain Star and other roads, you just
don't want to have access points or you want to minimize those.
And, I would assume you wouldn't want to have anything especially
that close to one another. Mr. Wood added that in order to put a
second access in,and maintain grades and so forth, that probably
it would be immediately adjacent to the same drive, but on the
other side-of it. So, in essence it would cross it instead of
having, where it leaves the Nottingham Road, you may have instead
of ,56'; you may have 100' of driveway. So, you have a totally
uncontrolled situation which is even worse than separate
driveways. Just from the layout of the two sites, the Church
site has thesame.problem that the Chambertin site had in access;
in getting enough.grade and change where you can get a reasonable
grade coming up,into the project. By utilizing the same
driveway, what you are doing is being able to come.up on the
grade that goes up into Chambertin and come around,, kind of like
a switchback type situation. Where in order'to maintain the same
grade, you would move to the east of Chambert-in driveway and
actually have to cross it to get in there, creating an even worse
situation.
Councilor Roof asked that if it is 56' wide, why couldn't there
be enough room for two separate cars. Mr. Wood stated the 56' is
kind of a misnomer, in that the 56' would be at the end of the
radius. If you have a 15' radius coming out where that actually
ties in, your adding 30' to your 22' driveway; so that is roughly
how you're getting to the 56' width across there. That is a
very, very short section that is 561. That is basically your
flares to get into the site and to tie into the driveway. 56' is
not a useable number.
Councilor Hines voiced curiosity because he brought up the
question of exclusivity and seniority on this thing. As I read
it,.is this our standard grant of easement form that they;
Chambertin; would have had. Because, in it, it states a non-
exclusive easement. Attorney Dunn stated we don't really have a
standard form. Mr. Lindahl originally prepared it and it maybe
that I suggested the language with respect to non-exclusive.
Councilor Hines stated he is curious as to what's on paper with
Chambertin. Mr. Eskwith stated the paper with Chambertin does
not state that it is a non-exclusive easement. Mr. Eskwith
stepped away from the microphone and am unable to transcribe his
next few comments. There were too many people speaking at one
time to transcribe. ,Attorney Dunn stated Chambertin's easement
is silent. And, the law is that if it is silent, it is non-
exclusive. Councilor Hines also questioned first and second /
junior and senior. Attorney Dunn stated the law is when a non-
exclusive easement is granted the grantor-of the easement may
make use of the easement in common with the grantee. The proviso
being that the use of the grantor may-not, unreasonably interfere
with the use by the grantee. I am not aware of what is being
proposed here would unreasonably interfere. I analyze it to
being a road easement, which is really what it is, where you have
more than one lot owner making use of a common road. That is
certainly not unusual where an easement is granted that benefits
several lots and all of those lot owners use the road.
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It is not a matter of who gets to use the road first thing in the
morning. It is a question of whether or not the use by one lot.
owner is going to unreasonably interfere. One lot owner goes out
and blocks it, they can't do that because that is interfering
with the easement. Certainly if the Church makes some use of the
easement that unreasonably interfered with Chambertin's use of
it, then Chambertin would have rights to stop that. That does
not prevent the Town from granting the easement. The Town may
grant' the easement giving non-exclusive rights to the Church to
make use of it.
Mr: Eskwith stated that if the use was from the outset clearly a
use that was going to interfere with the initial grantee's use of
that easement, I would think that the Town could be prohibited
from the issuance of the easement. I would agree with Attorney
Dunn,.that it's a question of fact as to whether or not this
second use unreasonably interferes with the first use. And, it
is of course the people of Chambertin's position that there is a
reasonable interference. But, it is a question of fact.
Attorney Dunn stated he makes the same recommendation he made to
Council at the last meeting; Council grant the easement and
direct him to redraft it so as to protect the rights and
interests of Chambertin. Mr. Eskwith requested to list some of
the things Chambertin does request. Mr. Eskwith mentioned a
capitol improvement made to that easement by Chambertin and that
they would like some contribution for that. Councilor Hines
thought all these requests were to be worked out after last
meeting and before this meeting. Councilor Hines commented so
your party has been remiss; or the information that we are
lacking to make a decision is information lacking from your
party; that information to set forth conditions straight forward
enough where we can find out whether they will abide by the
conditions that you are going to put forth. Too many people
speaking at once, regarding issues to be worked out. Councilor
Fawcett excused himself for interrupting and found this
discussion hard to believe. These were all the issues you were
going to get together on in the past two weeks; now you are
coming back to us and saying you want to get together on them and
put these folks back another two weeks before they get the
easement;'if they are going to get it. Councilor Fawcett
questioned if this is quite fair.
Councilor Yoder motioned to approve the request by Anointed
Christian Fellowship Church for an access easement on Tract B,
Block 1, Benchmark at Beaver Creek subject to Attorney Dunn's
approval. Councilor Fawcett seconded the motion and the motion
carried unanimously.
Next on the Agenda under New Business was the.Eagle County Animal
Control Contract Discussion.
Councilor Hines motioned to table the Eagle County Animal Control
Contract until the next Council Worksession. Councilor Yoder
seconded the motion and the motion carried unanimously.
Next on the Agenda under New Business was the Change Order #1 to
A & P Agreement
Mr. James stated that basically this is when we added the weight
and-aerobic-rooms there were additional design fees that need to
be added to the part one agreement. Mr. Brooks stated this does
not change the project cost, it simply takes $500,000 that was
allocated for the weight and aerobic area and takes $19,500 and
allocates that to the part 1 services. This is just a transfer
of money and does not change the total.
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Councilor Nottingham motioned to approve Change Order Part One -
Number 1 - in the, amount of $19,500. Councilor Yoder seconded
the motion and the motion carried unanimously.
Next on the Agenda was the Mayor's Report.
Mayor Reynolds stated he received a phone call from Mr. Bob
McGill of the Post Office. Mr. McGill informed that within the
next month, they will be up here before the P & Z regarding a new
Post Office. Apparently there were four approved in the Country
and Avon was one of them.
Next on the Agenda was the Consent Agenda:
A.) Resolution No. 94-16, Series of 1994, A RESOLUTION APPROVING
THE FINAL PLAT FOR THE RESUBDIVISION OF LOT 98, BLOCK 1,
WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO
b.) 1994 Summer Air Service Contribution Commitment Agreement
c.) Elam Construction / Street Overlay Program
d.) Financial Matters
e.) Approval of the March 22, 1994 Council Meeting Minutes.
Councilor Yoder motioned to approve the Consent Agenda.
Councilor Nottingham seconded the motion and the motion carried
unanimously.-
There being no further business to come before Council, Mayor
Reynolds called for a motion to adjourn. Councilor Nottingham
moved to adjourn. The motion was seconded by Councilor Yoder.
The meeting was adjourned by Mayor Reynolds at 10:22PM
RESPECTFULLY SUBMITTED:
Patty Ne art, Town Clerk