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TC Minutes 04-26-1994MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD APRIL 26, 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 7:34PM. 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, Town Engineer Norm Wood, 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 Avon Arts Council. Ms. Gloria McRory gave update on the Avon Arts Council. The Arts council_ has received two donated pedestals. One pedestal will be placed in front of the new Slifer, Smith & Frampton building and the other may possibly be located out by the Town sign. The Arts Council is pretty sure that have private funding for the sculpture "Arrival" = the mountain lion. The Arts Council was started about five years ago. When the Town Council did the master plan,-they included certain sites where different art work would be placed. Ms. McRory informed,the Arts Council is planning a dedication ceremony this Fourth of July weekend - a dedication and celebration for the art work already in Town. Invitees include Herb Mignery, Glenna Goodacre, Vice President Al Gore, all Avon Businesses, etc. The ceremony will include the the Citizens of the Valley; Allan Nottingham and Danny Williams: Mr. Deane Knox gave an update on the state of the arts. Mr. Knox stressed that the Arts Council is not a government group; it is an independent group and hopefully a guiding force in the Town. Mr. Knox informed that students from both local high schools will be hired, trained, and paid by the Arts Council to clean and wax all of the statues in the Town. The students will be paid $30.00 daily. Every dollar paid to the students will be matched to supply the high schools with equipment and/or supplies that their budgetary system has denied them. Mr. Knox added the Arts Council is also working with the library committee. For the July 3rd celebration, Mr. Knox informed a newsletter including pictures of all statues will be mailed out. From the master plan, the Arts Council has some direction in placement of statues as well as certain walls. The Arts Council looks for Town Council's vote of confidence and asked for-'Town Council's support. Ms. McRory informed the "Mountain Man" statue has, been leased for one year and that the "Pledge of Allegiance" mabe available for the Fourth of July. On July_3rd, Herb and Glenna will be here for the celebration. The dedication ceremony will be open to all and the reception will be by invitation. This celebration will be at 5:00pm at the Christie Lodge. Ms. McRory noted the Arts Council is for the people of Avon - the Arts Council is about a ten year project, with about 3-4 years left. The "Mountain Man" may be placed out by the Town sign and the Arts Council is open to suggestions as to it's placement. Mr. James informed the application for the grant needs to be sent out tomorrow. Ms. McRory noted this grant will be used to pay for a pedestal. 0 r. Ms. McRory informed the Arts Council is-in the process of getting figures together for the celebration. She will be back to request funding for the celebration at a later date. Mr. Terry Halverson stated he has enjoyed being on the Arts Council and gave thanks to-the Council and,to'Ms.. McRory and Mr. Knox for their hard work. Mr. Halverson noted he has really enjoyed the statues outside the bank and has received numerous compliments from the bank customers.. Mr. Halverson hopes the cooperation between the Town Council and Arts Council continues. Mayor Reynolds thanked Ms. McRory,, Mr. Knox, and Mr. Halverson for what they are doing for the Town of Avon. Second item Added to the Agenda under Citizen Input was Eagle County Open Space Committee Update by Rich Howard. Mr. Howard gave an update on the Committee meetings. Meetings are held every two weeks from 2-3 hours each. After 3-4 months, there is still a lot of participation across the whole County. The Mission statement of the Eagle County Open Space Committee is: "Our mission is to preserve open space in both the rural developing and developed areas of Eagle County in order to protect and enhance the wildlife habitat, visually prominent scenic parcels including unique land forms, ridgelines, water fronts and open-meadows, the rural, agricultural and mountain resort character and lifestyles of Eagle County, ecologically sensitive natural areas such as flood plains, wetlands, rivers, streams, lakes, and geological hazard zones, buffers of open space to define and separate community boundaries and create set backs from rivers,' streams, and major highways, opportunities for trail system develop and passage recreational opportunities within and between communities, appropriate public access to open lands, and archeological, historic, cultural resources." The goal of the Open Space Committee is, "To develop a strategy to achieve preservation of open space in Eagle County that may include incentive funding and land exchange techniques". Mr. Howard spoke of funding, preservation plans, and land exchange techniques. Second 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 Councilor Nottingham stated before we go further with this Ordinance and the public hearing, I would like to make it public of a possible conflict of interest, which I will put upon my peers as to determine because, the parcel that this project is sitting on or is going to sit on is owned by my brother-in-law. He is part of the partnership that owns it. And, even though there is no financial gain that I would have, I want to make it known that there is a'relationship in case there is a perception, of conflict. Now would be the time to bring it up; otherwise, I will proceed as a member of this Council. Council's consensus was there is no financial gain; thus no conflict. Councilor Nottingham remained as a voting member of Council. Mr. James mentioned that, after Council holds the public hearing and general discussion, Council may take action tonight or within 30 days of this public hearing. Mr. James added this property has been previously zoned PUD; we have referred to this as a reestablishment of the PUD zoning. What happened is several years ago there was a PUD approved with specific plan and development guidelines established for that piece of property. 2 i ~ If nothing happens, on that piece of.property, in terms of development, within two years, the PUD expires. So, what you are face°d with tonight is a similar type use before the Council; to reestablishment that PUD with specific guidelines for the development of that piece of property. Ms. Holden stated the PUD zoning is in place. This is for the establishment of development guidelines and standards. This is the second reading and public hearing. The request is for a ,total of 150 units on proposed Lots 3 and 4. They are dedicating 3 1/2 acres of open space. And, they will be constructing and dedicating a 50, right of way, consisting of Hurd Lane; curbs and gutters and sidewalks. The requested development standards are as follows; Set backs would consist of 10, from the east and west property lines; 20' from the north property line, which abuts the railroad tracks; 30' on the south property line; it would consist of the 30' setback form the mean annual high water mark and at the east end it sets back considerably farther from the 30' set back; 10' from the Hurd Lane right of way which includes the asphalt curb, gutters, and sidewalks; 20' from building to building. The building height would not be able to exceed'481. The proposed Lot 3 would contain 84 units, proposed Lot 4 would contain 66 units; making a total of approximately 17 units per acre which is in between residential medium density to residential high density, which is consistent with the area. Site coverage would be 35%- maximum of the total developable area. That does not include the dedicated open space. The open space is 3 1/2 acres running along the river'; that will be dedicated to the Town. Parking would meet the code requirements as set forth in the zoning code. There is a recommendation before Council this evening of approval with attached 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, 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, 3 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. Staff recommends the following amendments to the conditions in Section 6 of the Ordinance. Amended conditions are as follows: 1.) The PUD Guidelines and Standards described in the report in so far as not inconsistent herewith (including allowed uses, density, site access, and development standards) be incorporated into and binding upon the PUD zone district designation for the parcel. 5.) That .a trail/pathway be constructed in accordance with the Town of'Avon Recreation Plan (1991), by the developer during Phase I. 6.) The minimum front yard setback shall be 10' from the Hurd Lane right of way. 8.) The setback from the Eagle River shall be that which is depicted on the PUD Development Plan, dated 3/15/94, which as a minimum is the greater of 30' from the mean annual high water mark or the 100 year flood plain. Councilor Hines asked if the trail/pathway is specked out as hard or soft. Ms. Holden stated it-is specked out in the Recreation Plan as being hard, but when Staff can get into it, we need to determine what is going to be the better of the two; hard or soft. That is why we have not designated a hard or soft surface. Councilor Roof stated on the same note about the pathway, it indicates where it was going to be connected to Hurd Lane west of Building 1; where will it be connected east of this property. Councilor Roof noted it will back up to Hurd Lane and connect to the other property along the river. Ms. Holden confirmed. Councilor Roof guessed it stays down along the river at the Eaglebend Subdivision. Mr. James stated what we intend to happen through there is that along Tract A, that runs along Hurd Lane, that the Town presently owns; that the bike path would continue along Tract A which is further west of the property line shown here and then we've constructed, when we built the bridge for the railroad crossing; a bike path underneath that bridge so we can make that connection across the Eagle River. Councilor Roof asked at the east end of the property would it be connected back up to Hurd Lane. Mr. James stated the east end goes from Hurd Lane and then just going to the west you go all the way through their project where the road has been paved, down along the river we anticipate being able to continue that as a bike path and go underneath the bridge. Councilor Hines stated he is a simple person; I am trying to understand what is meant by the inclusive phrase and amendment to #1; in so far as not inconsistent herewith. Would somebody explain to me why the inclusion of that phrase. Attorney Dunn stated he and Mr. Wood came up with that phrase. Mr. Wood thought Attorney Dunn suggested this language,, in so as far it is not inconsistent herewith, was that'the document that we are referring to is this one.and there have been a number of changes and revisions through-the process. What we wanted to do was be sure we didn't have one document that was really one thing, an Ordinance that had something slightly different in it. That was the purpose of adding this language•in here; to make the Ordinance take precedent over something that may be different and may have changed from the original Ordinance. 4 E ,0 Councilor Nottingham stated in number eight; about the set back from the Eagle River, making a reference onto the map,that you have here; the mean annual flood line versus the 100 year flood plain; so you're saying that it should be the farthest one out. Ms. Holden stated that is what they have shown on there. It is 30' from the annual high water mark or the 100 year flood plain mark. Councilor Nottingham asked which every is most restrictive. Ms. Holden stated right. Councilor Yoder noticed that the P & Z recommends, as far as the minimum front yard setback on #6 to be 25' and the staff recommends 101; why would staff be more lenient than the P & Z. Ms. Holden stated a PUD allows flexibility and creativity. A 10' setback from the Hurd Lane right of way is technically OK with staff. Within that right of way, there is the asphalt, curb, gutter, snow storage, sidewalks. There will be 10' back from the right of way, that staff feels is fine. Basically that is the back of the building, there is no parking along a dedicated Town right of way, the parking is interior which is encouraged. So, for allowing a 10' setback along the Hurd Lane right of way, the Town is getting something in return, as the developer is getting something in return. The flexibility is within the PUD. Councilor Yoder stated you are not concerned about the fact that it is going to be a very narrow spot for snow and a green area. Ms. Holden stated that in certain areas it may be, yes. But, they have met staff concerns. Councilor Yoder stated yet the P & Z felt it important to have the 251; do you know what the difference was and why they felt that way. Ms. Holden stated from what she gathered the primary set back is 251. Councilor Yoder stated so they just want to keep it consistent with the guidelines. Mr. James asked for Mr. Wood's help. Mr. James asked isn't it greater than; you were talking about the 10' set back compared to the 25' setback. And, again we had a discussion today of why we are comfortable with the 10' setback. And, you were explaining to me that it is more than 101; explain that to me again. Mr. Wood stated in essence what they have done with the project through the PUD process and the design that we are looking at; they have backed the building up towards the street rather than the typical situation you see through most of the downtown development; where you have the parking out-next to the street and the building set back., They have turned it around; the front yard setback in essence becomes the-backyard setback, which the standard is 101. When you,look at the full width through there with the right of way, the setback from the right of way; it is not right up to the pavement. It is a combination of essentially reversing the setback; making the front the back. And, in conjunction with that, it is from the right of way, not the pavement; there-is 20-22' from the back of the curb up to the property line before-that 10' setback starts. Mayor Reynolds stated it is like 23' from the actual road to the back of the building. Mr. Wood stated right. Mayor Reynolds stated in other words it is not 101. Mr. Wood stated it is not 101; you have the right of way which is considerably wider than the road itself. Mr. Wood stated the asphalt is 12' from center line so you have another 13' there, plus 10'; 23' from the edge of the driving surface to the setback line. Mayor Reynolds stated that is quite a bit of distance; quite a bit of room for snow storage, etc. Mr. Wood stated actually it probably has more snow storage than you have in most places because the parking tends to crowd it up. Councilor Yoder asked if parking would be allowed on Hurd Lane. Mr. Wood stated no. Councilor Roof stated there is also a paved sidewalk in that right of way; correct. Mr. Wood stated yes; that is part of that 231. Councilor Hines stated the walks are specked out to be how wide; 41. Mr. Wood stated 6-81. Councilor Hines stated 6-8' with how much between the sidewalk and the curb. Mr. Mark Donaldson answered away from the microphone and am unable to here his response. Councilor Hines stated you got 23' from the edge of asphalt to the back of the building and you are going to have how much between the curb and the sidewalk. 5 Again, Mr. Donaldson answered away from the microphone and unable to here his response. Too many people talking at once. Councilor Roof stated a 6' wide sidewalk, is that what you are saying; and that is right up against the pavement basically or the curb. Mr. Donaldson stated no, no. Mr. Donaldson stated the outside of the right of way - again unable'to transcribe his response. Too many people talking at once; too many individual conversations going on at once. Councilor Nottingham asked if he could say that again; I am really trying to map it out here. Mr. Donaldson displayed a map on Council's bench and spoke to members directly - away from microphone and unable to transcribe conversations. Mayor Reynolds announced that we have letters from Frank and Imogene Doll and from Petre & Petre Law Offices out of Glenwood Springs. Mayor Reynolds stated I am not going to read them because most of the people know what's in them; I just wanted to make sure you knew we had their letters. Councilor Hazard stated we wanted to make sure they are in the record. Mayor Reynolds confirmed they are in the record. (see Attached Exhibits A & B) Councilor Roof stated a question on the map we were looking at, where in big bold letters it says underneath here developer may build up to this line along the southern boundary and the arrow is pointed to the bold dash line; does that mean they will not be disturbing anything on the south side of that line, so they are trying to save as many of the mature trees on the east of that property as possible. Mr. Donaldson stated we provided that drawing as a supplement to the March 15th drawing and we calculated meets and bounds of the various angles of those lines and tied it to the property lines so that there is a definitive description in the record as to what we are not to disturb behind and what we can build up to. The no build and the no disturbance are one in the same. Councilor Roof stated so to follow up on that; when you build your fence, not to be disturbed,beyond this fence, it is not necessarily that 30', it is what this line -indicates. Mr. Donaldson stated that is correct. Councilor Yoder stated if the setback was more than the 10' and the buildings were moved in; would.thete be enough room on Boulder Lane to have the parking and whatever carports, or whatever that is, for the buildings. Mr. Wood stated no. Councilor Nottingham asked how wide is that space physically between buildings; at the shortest distance. Mayor Reynolds stated they want you to move them in; is there enough,room. Mr. Donaldson stated there is not a foot in there; we have about 60' and what that is, is the width of the asphalt and parking on either side, right to the building. So we have taken every advantage we can along the public way. Councilor Hines stated we are talking about a setback, 30' from the mean annual flood line; correct. Ms. Holden-responded yes. Councilor Hines stated I look at that line and then I see a line that says the developer may build up to this line along the southern boundary. Those are two different lines and there are places where he encroaches above and beyond the 30' mean annual flood setback; specifically at building 4. If I understand the. lines as they are platted; is this correct; there is a difference between that line that developer may build up to. Again, Mr. Donaldson approached Council's bench to explain and individual conversations followed making this impossible to transcribe. Ms. Holden and Mr. Wood while helping to explain were both away from the microphone and unable to transcribe. Mr. Mark Donaldson, representing SouthWest Limited introduced Mr. Bill Sargis, Mr. Tom Kirk, and Mr. Dan Pastorini. Mr. Donaldson appreciated staff's support and efforts given through out the course of this project. Mr. Donaldson proceeded to clarify some of the Hurd Lane issues. 6 The language in Title 17 regarding the intention of a PUD is that the PUD zone district is intended to provide for flexibility and creativity of development of land in order to promote it's most appropriate use. That is what we have done and that is represented in the plan for the Boulders on the Eagle River-. What we have done is accomplished all of the standards and met all regulations, goals and objectives of the Comprehensive Plan Title 17, the Recreation Plan, the Transportation Plan, etc. In doing so, we have juxtaposed some of the normal development standards and come up with yet a more creative solution to the development of this site. To remind you of some of my comments from the last public hearing, we are dealing with a site that is very narrowly constrained; it is linear in nature; it is bounded on the north by a railroad track from which we need to mitigate for safety and noise. It is bounded on the southern property by the Eagle River on which we are dedicating 3 1/2 acres of open space. We also have an obligation to complete a city street through the length of our property with a 50' dedicated right of way, which is another 1 3/4 acres. This brings our total dedication of 12 acres, to 5 1/4 acres, which represents 43% of our entire property for community uses. Mr. Donaldson continued, the staff has pointed out most of the issues that evolve around the Hurd Lane set back. To reiterate, we have designed a project that has no driveway cuts, no personal townhome access, from Hurd Lane. We have two very carefully aligned intersections on the entire property that access Hurd Lane. On the north side, it accesses our 84 apartments and on the south side it's the 66 townhomes along the river. What we get in a PUD, in terms creating flexibility and creativity for such a development, is we play with some of these standards. As Mr. Wood says, we have turned our project around; so the Hurd Lane, based on no parking along Hurd Lane, no private parking or driveway cuts along Hurd Lane; the rear of the buildings there are no doors; no public access to our units along Hurd Lane; it really and truly is a rear yard setback. To draw an analogy, for what we are discussing, there as been the term variance thrown out, in discussing our request for a 10' setback from the Hurd Lane right of way. Variances are intended to-respond to difficult site development issues. In Wildridge, for example, which is our most dense residential neighborhood in Avon, there are platted lots in the PUD that allow for the private developer to request a setback variance from 25' to as-little as 01, because of the steepness of the topography and terrain regarding 'access of vehicles. Very much like that, we too have a site access problem or configuration problem, because of the length and narrowness of our site and the number of issues that we must deal with to make this any type of a project, much less something as quality as what we are proposing. What we are really saying is we are 23' from the nearest building to the asphalt pavement. Again, we have no parking or anything other than a bus turn-a-round. At this point, Mr. Donaldson walked away, from.the'microphone to further explain the,231,'setback using a ,map displayed on the wall. Unable to transcribe this explanation. Mr. Donaldson returned to the microphone . . . on the south side of Hurd Lane, we have intentionally cascaded our roof forms and our massing away from the building; the lowest level or the second level steps back from the lowest level; the third level steps farther back from Hurd Lane, from the second level. So, we have respected the visual corridor, as well as the safety issues. Setbacks are not,for•snow storage,,they never-are; setbacks are private property. They are simply to set a building back from the property line. We are proposing to the tee, a true Town of Avon standard road 'and right of way, with all the improvements; pavement, sub base, curb, gutter, drainage, landscaping, sidewalks, street furniture, bus stop, bus shelter, street lighting and signage; all of which will be paid by the developer. So we are not asking for any relief on any of those standards. All the life safety, snow storage issues and everything are always contained within a street right of way and we are not meddling with that. 7 We are simply asking for relief from the setback upon our private property that we have left to develop. The only other comment I would like to make is; we agree with the staff reporting; the revision of their four conditions. And, the outstanding issue would be the timing of the construction of the bike path, along the river corridor. We feel that we would like to have the period of construction through our townhomes to complete that. We think that the permitting process, the study of the flood plain and wetlands construction down in that area with a hard surface or soft surface would take some time and would like to be able to work with the Town's committees regarding the extension of bike paths; dove tail the timing of our construction along with other construction, etc. But, we would like not to have to complete that along with Phase 1, which is simply one ten-unit town-home building. We are promoting a vast amount of private developer improvements and that is one issue we would like to not be held to, to be completed by Phase 1; but be allowed to complete it by the end of townhome construction. Mayor Reynolds asked if they had made any negotiations regarding the completion of Hurd Lane. Mr. Donaldson stated yes we have and I'll ask Mr. Bill Sargis to speak to that. The developers are very very close to reaching an agreement; we think that by Friday there will be a draft agreement that both parties agree to and we will continue to conduct this as a private matter but reveal everything to the Town of Avon. Mayor Reynolds thought it would be very difficult for the Council to approve this tonight unless we have that in writing. Mr. Donaldson stated we would appreciate your consideration to give us seven days or something to submit that; we need the Town Attorney's review of course and the developers are very close to reaching that agreement. We are entering the construction season and we would like to begin - continue with our plans. But, we recognize that we would never be able to make an-application for building permit until this is completely resolved. And, if this becomes a problem, we, certainly would come back before you. But, we do not see this as a problem. Mr. Bill Sargis, representing SouthWest Limited and Mr. Bruce Stocks, counsel for Eaglebend stepped up to the microphone. Mr. Sargis stated we have been negotiating, over the last 4-5 days, an agreement to simplify an agreement and I would assume that we are approximately 95% of the way as far as the terms and conditions, etc. It is somewhat of a complex agreement that involves not only; it does not involve the total amount for the easement or the purchase of Tract B on Eaglebend land. But, there is a payment schedule and there is security interest in it. It does and will involve Avon only on the reimbursement / contribution side.of the agreement. Part of the terms of the agreement involve, if there are any future contributions from future development taken place, that will take advantage of the Hurd Lane right of way; one of the issues that we need to bring to the Town is since the Town will apparently play a role as far as collecting those; there has to be a participation on the proceeds of that to not only Eaglebend and SouthWest partners, but also participation on behalf of the Town for their efforts in collecting what ever revenues are due. So, there is also a prorata share that we are trying to work out. We suspect by Friday we will have an agreement that we are comfortable with and the agreement is pretty much a private agreement between the two developers. But, we need to get it to*the Town and have them review it as well. Mr. Stocks, following up on what Mr. Sargis has said, we are having discussions; they have been promising so far. We do not have a deal yet. And, until we have a deal there is no right of access. But, so far, things are promising. Mayor Reynolds stated we have 30 days here; but you know, you guys want to get started so. . Mr. Sargis stated it is our intention to be able to come back by Friday with a draft agreement that we are comfortable with and present it to the Town of Avon. 8 - 0 Councilor Nottingham stated that Mr. Stocks, I would like to know from you; you really need to define in real layman's terms the inclusiveness of participation by the Town of Avon. I want to know what you're (Mr. Stocks) thinking that means and I want to know what you're (Mr. Sargis) thinking that means; separately. Mr. Sargis stated your participation is not money out of your pocket; it is money in your pocket. What we are saying is the Town of Avon will not participate as it relates to the expense of the Hurd Lane right of way, it's construction, or any easement agreement. Where the participation to the Town will be, if in the event that future development takes place along Hurd Lane to the east and west of us, and it is determined that Avon will collect revenues, because they will also benefit from the bridge, that those revenues that are obtained by the Town of Avon; the Town of Avon will keep, what we propose is 1016 for the Town of Avon for the purpose of collecting, enforcing, etc. The balance will be between Eaglebend and SouthWest partners. No expense; it will be income to the Town of Avon. Councilor Nottingham asked Mr. Stocks if he concurs. Mr. Stocks stated that has been the jest of our discussion so far. Councilor Nottingham stated talk to me about how long this term is. Mr. Sargis stated, of the note, there is an initial payment, which will occur at the issuance of the construction loan, of the first payment of the construction loan, and it is a two year term. Councilor Nottingham stated so in two years in essence your company (Mr. Sargis) will have given their company (Mr. Stocks) everything they have asked for, which is private between the two of you. Mr. Sargis stated right. Mr. Stocks stated two years from this June; June 1, 1996. Mr. Sargis stated the easement and dedication will occur at the initial payment. Councilor Hines asked what is the prorata share on all this; define for me what you foresee in terms of development, east and west. What are we being inclusive of in terms of property. Mr. Sargis stated I can't answer. We have formulas contained within here and how; or suggestions what the rates may be for future development. I know of two parcels to the west us, which is Lots 1 and 2. I am not specifically sure of how many more developable parcels there are to the east end. We don't have a feel for what future income is per this agreement. What we can say is, the split; if a dollar is received SouthWest partners will be reimbursed $ .58 on the dollar; Eaglebend will get $ .33 of that dollar; I think I'm off $ .01, and the Town of Avon will accept $ .10;' as income, not expense. Councilor Hines stated he is trying to understand; you are going to pay something for two years to Eaglebend. And, what that amount is;~is that the full amount of what had been discussed previously. Mr. Sargis stated it is $400,000. SouthWest partners will pay for that. Councilor Hines stated so therein lies the reimbursement. I don't.understand you're paying in full for that; why is Eaglebend being recompensed 'later down the road at a $ .38; seems to me they are making more than their $400,000; you have lost me. Mr. Sargis stated no. Mr. Stocks stated we have really approached this as two deals. The first one is just the deal between the developers of the Boulders and Eaglebend, on which Eaglebend would grant the right of access for this development. Going forward, what we have proposed is that anyone else that benefits from the bridge, any future development, would kick in on a prorata basis that reflects development rights in the property. What we would be asking the Town to do is get a contribution at the time future subdivisions are approved so that the people would kick in contributions and we would be reimbursed on a prorata basis reflective of our development rights. The percentages that Mr. Sargis referenced are percentages that we have worked out roughly on the basis of development rights existing now. Councilor Nottingham asked who are the parties to determine the value to these now undeveloped parcels on each end of your two situations, that it isn't exorbitant or something such as that. Mr. Sargis, stated we are talking about two basic agreements; one is the basic agreement for'SouthWest to purchase the Eaglebend easement right of way. That is one agreement that will be executed shortly. 9 Mr. Sargis continued, the recovery agreement does not make the first agreement a contingency of. If that second private agreement, which involves the Town of Avon as far as their; because the Town of Avon would be the one that is accessing future development rights on a per unit basis per acre; or whatever formula we come up with. That would be the second agreement; it is not contingent; the first agreement will take place. The second one is proposed. And, we proposed it simply because Eaglebend had a similar agreement with the Town of Avon, which allowed them to keep Tract B and basically recover from the developer of this site, Nottingham Station. That agreement is in place and that agreement is $400,000 to us; we are simply asking the Town to put in place the same kind of agreement that the Town had with Eaglebend. Councilor Hines stated therein lies a discrepancy, I guess. I guess, is that your understanding Mr. Dunn. Attorney Dunn stated no, that is not my understanding. I have not seen such an agreement that has been suggested to the Town. Mr.'Stocks stated we had an agreement that the roadways, property within Eaglebend subdivision would not become roadway without the agreement of Eaglebend which enables us to reach this agreement at-this point. But, it wasn't a formal contribution agreement. Attorney Dunn stated it seems to me we.are bogging down a little bit on,this issue. I think the matter can proceed on the basis of there being a condition that an agreement be reached to provide access, which is acceptable to the Town.. It will have to be in place and accepted by the Town before the project begins. I guess I see this as a legal issue, an administrative issue more than a legislative one. If we need to bring it back to the Council and inspect a particular agreement, we can do that. But, I guess what I am suggesting'is to proceed with the-public hearing and deal with this as kind of a separate, although contingent issue. Mayor Reynolds asked if we would be able to vote on this with that condition. Mr. James stated we need to take this, when we get to it, under section 6, your Ordinance and make some revisions to that verbiage so that Council can take action on this tonight. What ever their internal financial operations are and their agreement, that is fine. What we are interested in is making sure that we have a road that goes through, to make that connection between Hurd Lane and Eaglebend. We need to massage number 2 item as a condition to where it has more impact; the Town will be assured to be able to get that right of way probably before you start construction or something. Mr. Sarrgis asked Mr. James if he could make that a plat note or condition of platting for final plat; would that be a vehicle. Mr. James stated no; probably not. Councilor Yoder stated she has a question for the applicants; I would like to have a comfort level that there is financing available and financial backing in place so we don't end up with another Peregrine. Mr. Dan Pastorini, with SouthWest partners, stated it is kind of a catch 22 situation. Mr. Pastorini stated our investors are waiting for final approval. Yes, we have investors in place. Councilor Nottingham asked have you people who are SouthWest done a project of any magnitude like this before and where is it and that type of thing. Mr. Sargis stated one of our parties, unfortunately he was supposed to be here and couldn't make it, has been a developer for about 38 years. He has approximately 45 projects nationally, of which 8 are in the Colorado area. Councilor Nottingham asked how many have all of you participated in. Mr. Sargis stated this is our first project together. Councilor Nottingham stated that is what I wanted to get to, because I wanted to look at perhaps any brochures or whatever that you have on things that you folks had worked together on before to show your credibility and that type of thing and your follow through and something where we could check that in those communities. And, that would hold a lot of weight with me. Mr. Sargis stated that as a condition of obtaining any sort of credible investor / construction financing, we put together an extensive marketing package. 10 Mr. Sargis continued, had I known earlier, I happy to have brought that package, which'is to the Council. I can certainly get that to demonstrates the four individuals, what they what there past experiences are and what the: roles are and primarily what we have done as would have been fairly substantial, you. It individually bring, it capabilities and "separate entities. Councilor Nottingham stated tell me about Hurd Lane from the end of your project to Avon Road, who's paying for that. Mr. Sargis stated SouthWest partners. Councilor Nottingham stated got that on record. Councilor Nottingham asked is Bill Nottingham going to let you improve his property at no charge to you. Mr. Sargis stated I can't answer that. Councilor Nottingham stated you do have permission for that; from Mr. Nottingham. Mr. Sargis stated I don't know; I believe the 50' right of way has been dedicated and labeled Tract A &,B to the Town already._ Unable to transcribe the remaining of Mr. Sargis'.s.comments due to rattling of papers and too many conversations going on at one time. Mr. James reiterated what we are really interested in is knowing that the Town is going to get 10' and we are"going to get improvements made to that 10' with a connection between Hurd Lane and Eaglebend, all the way through. That is what we are trying to figure out; when does that occur and.how does that' occur. If I caught the statement that you guys said that that is already on the map, it doesn't do us any good until there is a deed or transaction between Eaglebend and SouthWest partners. Mr. Sargis stated the simple way to answer that question; our agreement that will be delivered to you by Friday will outline all of that. So, as far as tonight is concerned we modify paragraph 6 to say that the agreement will cover all of that activity. Mr. Sargis stated maybe the amendment says we get the agreement no later than such and such a date; that is the condition. Mr. Stocks felt it is a little ambitious. Councilor Yoder asked what is realistic.- Mr. Stocks stated if you are going to make it a condition; well it is really Mr. Sargis's call. I am the,drafter of the thing so far and we've had discussions, but we don't have a written agreement .yet.. Councilor Hines asked why couldn't we just leave it as it stands; that Hurd Lane connection be completed. Too many people answered at the same time. Mr. James'stated that might just do it. Councilor Hines reiterated leave as is. Mayor Reynolds opened the meeting for the public hearing. Ms. Chris Ekrem stated before I speak I would like the two letters received, read into the record. Councilor Nottingham thought it valid they be read into the record. With those requests, Mayor Reynolds read the letter received from Frank and Imogene Doll (see attached Exhibit A). Mayor Reynolds asked Mayor Protem Nottingham to read the letter received from Petre and Petre Law Offices (see attached Exhibit B), which Mayor Protem Nottingham read into the record. Ms. Ekrem, resident of 4130 Eaglebend Drive, stated she has been very active in following this presentation of the PUD; P & Z actions and Council actions. I have a number of comments that in some way also echo those of the letters that were just read. But, I have some additional things to add to these. First of all on my list was this Hurd Lane to Eaglebend Drive agreement that it says in the PUD approval that you are supposed to be giving this evening that it will be;,that Hurd Lane connection will be in writing before this PUD is approved. If you approve it tonight without having that agreement in writing to you, I think you are going to be in court. But, I; to me that is very important that that is staff recommendation, that's P & Z recommendation, that's what the proposal said; I think that is just a definite thing that has to be done. In Frank and Imogene's letter it says that the Town staff and the Commission have recommended to you that the completion of the Hurd Lane connection is a condition to be met prior to the approval of the PUD. 11 Ms. Ekrem continued so, I think we are all echoing the same thing and I would certainly like to see that occur. I am concerned about the setbacks of 10' along the Hurd Lane extension for the front setbacks because the rest of us who have gone through the planning processes-here in the Town have had to do with the 25' setbacks; and, also the 15' or 7 1/2' to lot line on side yards and 15' is minimum between two buildings on the same plat. This all came about, and most of you are familiar with it; but, prior to 1991 Avon had sort of a chopped up idea of zoning and parcels and what all and in that particular area as well as in the Eaglebend area that.has been developed by the Eaglebend partnership there was something called fractionalized zoning. And, this fractionalized zoning was a real hodge podge; it said well if you build this kind of housing we will give you a little extra, you can add an extra bedroom; if you build low income housing or affordable housing and you can put so many more units per plot if you do it this way. And, Rick Pylman came in and was here for several-years as the Avon Planner and he revised this coming up with a system of areas within the Town boundary that made some sense and they weren't; what it did was replace the fractionalized zoning that was such a hodge podge with areas where certain things should be built. And, I believe, I am not certain because I haven't gotten that plat out to look, but I believe that Eaglebend, where the affordable housing is built and also this plat or Lot 3 of the Nottingham Station, both come under that umbrella of the PUD. Is that right, can you tell me that: Attorney'Dunn stated could you ask me again, I am sorry. Ms. Ekrem continued, anyway I think that's what happened. These guidelines were set up and called PUD so that would give some capability of opportunity to change things around, as Mr. Donaldson said. And, I don't object to that. I think it serves a good purpose to have PUDs. But, what,I do object~to is,the fact that even though Hurd Lane provides the back yard, so to speak, for the-units on either side of it, now as he explained it, it is extremely narrow with 10' setbacks from the property line. And, today I drove through the Eaglebend affordable housing. And, they-have no more than 10' between buildings, all those buildings: They have more than 25' setback from the street that runs through there and they are three to four stories, I'm sorry two to three''stories'high but with a high pitched roof on each building. And,.I was-very surprised about this urban canyon that I was going in and I was driving my car and I got out and walked a little bit. And, I really felt that I was in a canyon even with these much larger setbacks than what we are talking about here. So, I am quite concerned about the staff's recommendation that you change this PUD approval and in the conditions change from the 25' front setback property line to the 101. And, I am also concerned because in some of the articles that were written for several of the newspapers, they mentioned that the square footage will range from 1,200'to 2,000 and prices starting at $157,000 for a two bedroom two bath floor plan going up to $309,900 for an end unit three bedroom floor plan and a few four bedroom floor plans are available for $294,000. Well, there is a lot of housing being built in the Valley for the medium price things that are happening now. And, when you have; when your marketing things at that price and you are expecting people to buy them and you got a building here and you've got a building over here with a road between I don't think you are going to get people to buy those. I don't think the demand and that price range is such that they are going to be interested in seeing and purchasing their $250,000 to $300,000 worth of money into a unit that is so adjacent to another unit that is across the street. This concerns me very much as a matter of economics because also this last week I have driven from East Vail down to Glenwood and seen the great development that is now going on; Edwards now coming on line and everything. And, we are going to perhaps have a glut of housing here which would be the first time for a while. 12 0 0 Ms. Ekrem continued but, I also went through ten, twelve years ago in Eaglebend; in Eagle-Vail where they over built and one of my own units which I had had appraised in 1984 for $160,000; I tried to put it on the market in 1986 and I couldn't get $110,000 for it. And, my concern is much like Jodies, saying are we going to have another Peregrine. I think that we need to ask the developers if they can give us some type of guarantee that Avon won't end up with a mess. I'think that should,be part of this PUD. Because, I don't think Avon can afford to hold another mess for another ten years., My last concern is who-s obligation is it to provide the railroad protection and privacy fence. Eaglebend partnership has supposedly provided this fence from the west property line that, they-still own to the east property line which they still own in a east west direction. If any of you have driven down Eaglebend Drive that fence is an eyesore, it was put up hap-hazardly; in the first place it has had some stains splashed on it on different occasions and they were supposed to put planting in; the plantings have died because there is no way to water them. But, what I'm saying is I believe that the railroad demands that if you are going to develop next to it, you have to provide some type of barrier so that people can't go over the railroad tracks on foot or any other way. And, nothing has been said in this plan on this. I am sorry I have carried on so long but-these really are my concerns and I hope you will give them some thought. Thank you. Councilor Fawcett thanked Ms. Ekrem for her time. Councilor Fawcett stated you have made some excellent points. I think one; the first factor you mentioned which relates to the agreement between southwest and Eaglebend as to the use of the bridge; I don't think there is any doubt.that unless we have ingress and egress from both directions, in my opinion, this project can't go forward. And, whatever we have to do to assure that, I think this Council will do that. You talked about the setback; I am sure you heard Mr. Donaldson and others indicate that in reality this setback might be considered 23' as opposed to 101. Did that in anyway alter your opinion some what. Ms. Ekrem stated I feel that; no it didn't because the rest of us that have come before have had to use those guidelines and I am not speaking of myself individually, I am speaking of most of the developments that have been done here. And, whether it was a single family, a duplex or a whole development, if they needed to have for some reason some type of variance even as a PUD they would come before and say would you please,consider this and then present their reasonings why. They have never presented their reasonings why. They have said from the first; from the first time it was presented at P & Z that this is how they are going to do it. And, they have never changed that. And, they keep saying, oh, but we are going to give you this and we are going to give you that. I don't think we as responsible citizens of Avon and P & Z and Staff and Council look at it that way. I think what we are saying is they are privileged if they can just come in and set up originally to do that and go through all this discussion where P & Z has recommended that they go to the 25' and the staff has recommended that they go to 25' and somehow'it.keeps working it's way_. Staff says well gee, we see nothing wrong with 101. Councilor Fawcett interjected that is something that bothers me from two stand points. One is I certainly respect our Town staff and the ability they have. They are telling us they recommend the 101. The other factor to me is the explanation that it may be 23' in reality as opposed to 101, which does give me some comfort. Again, I am trying to understand the whole situation; trying to be fair and equitable to the homeowners, the contractors and to the citizens and residents of Avon. Turning quickly to one other thing; the railroad privacy fence; as I understand, I've talked to the contractors about that. I understand they are going to obviously build such a fence and I understand it will be of such nature that it will protect the residents and certainly the children from wandering off into the railroad tracks. 13 Councilor Fawcett continued, again, that is.something I definitely would want to see and I am sure the entire Council would. Mr. Arlan Barling stated he lives in West Vail. Mr. Barling stated at this point my interest in the project has purely been advisory and I want to address the issue cause like I say I have not vested interest in this project other than if it goes ahead than my job will be to control part of the superintendent job as to make sure the riparian way is completely stayed at the point that the 30' setback no runoff, silt gets into that Eagle River cause we don't want another catastrophe like we've had up in Minturn, you can finally see the bottom of the river up there. But, I want to address the issue that Ms. Ekrem just addressed as she says nothing has changed. And, the reason I bring up; I've been a purely advisory position speaking to these individuals of SouthWest partners from my experience back in Omaha, Nebraska and it"was a great place to be from and I like Omaha. But, I was involved in a development there called Linden Park which was a 40 acre development that was 120 lots that was platted. The original; the City of Omaha said that it was going to be potential valuation of $16 million. I was on the SID which is a Sanitary Improvement District, plus the homeowners association district, plus the planned unit development part that worked on that development. The City gave us the flexibility of doing some different setbacks-as long as it was landscaped; it met the safety codes. And, so with that we developed this piece of property. We were fortunate enough and we were selling residential lots; it was completely built out within 5 years. But,, what we did is when we had the availability and the flexibility of doing different setbacks for different houses on different streets as long as it met the safety requirements and traffic requirements we were able to do that. And, at the end of that 5 year period, and this was an assessed valuation, that particular subdivision turned into having an assessed valuation of $32 million instead of $16 million because of the flexibility that we were given. And, so, with what they have asked for; and the thing I see is the safety issue and I bring up the issue; I live up in West Vail up in Highland Meadows and we drive through on Sierra Trail which is A-frame styled houses which has off street parking and it is a safety hazard with people backing out into the street and leaving for work or coming home and that is what this purposes; they have done with,their building development is having all that parking off that street. They have really addressed a safety issue that will not occur. And, it is also with the snow removal and-storage. So, I think that is an important part. But, also the point I have addressed is they started out by trying-to put 200 and some units which was the master plan; could not fit it in; did not fit in to what they wanted to do; did not like'the style; and so they eliminated; they were down to like 168 I think it was; the next thing they came down to. Then through the input of.the public hearing and the Planning Department, and the'Dolls, and some-of those individuals, they eliminated a complete unit of buildings to save approximately 809.- of the cotton wood trees on the east end of that property. So, and the reason I address that point is they have worked.-With the planning, they worked with the Town,-they worked with the Council. And, I want to talk; I think his name was Richard Early, you talk about what you can do with property that is available. I think you look at what this and these renderings are fantastic and they are factual and they will be real close to that as much as possible. And, I think if you envision what you are going to have on a thorough fare with no street, no people backing into that street; you've got a thorough fare that will handle the traffic and it will work to the advantage of the Town of Avon. And, I think that is all we want to do. I lived in Eagle-Vail for the first two years when I moved here so I am familiar with that area and fortunate enough to be able to build a home and move up in the West Vail area. 14 Mr. Barling continued, I do disagree strenuously with; they have not adapted; they have not,changed; because that is not true and I have been involved with that and have seen where they have been and where they come to. I think they have given you a great project and they have giveh'you great phasing. They are willing to work with you. And, like I say, basically if the project goes forward my job is,to.make sure you guys don't get called about all the junk in'the-river. And, that is a beautiful project that will enhance Avon and I definitely feel that that is a possibility that this.project brings to-you that is before you tonight. Thank you. - Councilor Nottingham stated may I ask you when you say you are an advisor what kind of advisor. I am looking for someone with river riparian type of background and is that what you bring to this. Mr. Barling stated well, I guess if you want credentials or initials behind my name I don't have those; like I say, I went to college everyday of my life cause I keep paying for my mistakes. My background is agriculture at an early age and starting out at the point where I use to go down every year in the spring and put another piece of barb wire on top of the fence in the pasture cause it silted in because my dad wasn't concerned about conservation. And, so, I have been involved in developments in Omaha where we worked with; that we had to do the retainages as far as the run off and it wasn't a river cause the only river you got down there is the Missouri and you couldn't tell whether any dirt run in to that or not cause it was all the farm ground from up in South Dakota and North Dakota. But, basically my experience has been; and the conservation part has been factual from the developments I've done from the years in agriculture, and knowing what needs to be done to'keep run off; you got to be concerned about the massive water with the unplanned or the rain; and you can't plan for 100 year rain; you can't do something that happened up in the Big Thompson. But, the point is, is my experience has been based on agriculture and development for years and been very very concerned for my own problems with erosion and projects and on agriculture land because once it's gone it can't be repaired and it just causes disaster for everybody. And, that is one of the reasons why they asked me to become involved in it. So, that is my expertise as far as that goes. Councilor Nottingham stated OK, the reason I asked you is because I have been kind of asking a few experts myself; at the Colorado Water Conservation District and all; about the effects of different things on-our Eagle River. And, when we talk about riparian characteristics and the vegetation and that, there are those among those people, that believe the bank, any part of the bank, is part of the riparian habitat and should not be disturbed. Obviously, I can use one more expert's opinion and I am-concerned about that. Mr. Barling stated, and the developers are and I am also because that would be my job to maintain that. And, when you say; you know it's like you always say; you get in a court of law and everybody hires an expert and you hire expert that is an expert to your side. The point is, with what we talk about riparian way in there; and I've walked that site; been involved in it from looking at it early on; is you already have erosion down in the 100 year flood plain. That is a given. They are well outside that 100 year flood plain and so that is the main concern. I had, when I looked at the project, is what; cause if your going to try to control erosion and if your at a point that you can't control it with high water, if you're already close to that mark there is nothing you can do to save that. Mr. Barling continued, and, the banks that we looked at and walked the day the Council went there; is there is no water involved there as far as getting to that. 15 Mr. Barling continued, t,o answer your question, what I see on that property is the erosion will be controlled because of the way the excavation is done and there won't be any erosion because the boulders and the rock formations and the geology that makes up that is not going to be the typical type erosion you'd have if you had a clay soil or a silty loam soil which is not prevalent along the Eagle River. Councilor Hines stated it is certainly not time for comments yet, so I didn't want to get into that. But, you brought up the fact that we did the tour the other day. And, I have a couple of questions for you, since you are the erosion control expert. One is you are going to try to mitigate, as much as possible, erosion or any impact on the river during construction. And, that is certainly a possibility that can be attained. I guess my concern would extend beyond construction. Because of encroachment down into that bottom, I do not see wherein they have the ability to landscape to provide any kind of a root system on the back side of .those buildings. And, that would lead me to two questions; one, how do they control that erosion problem that might be created after the fact; I'm not talking about during construction. The other is what kind of drainage do they have off the property; what is the drainage that they have coming off Hurd Lane; what is the drainage coming off the buildings; that would be a concern of mine. Mr. Barling stated well the drainage;'as far as the drain storage and stuff like that, that is all calculated by, I don't want to say by Mr. Donaldson, but there are standards that have to be met. The thing is you asked about the vegetation that's removed and I talked to Rick, down at the soil conservation service down in Eagle, and we discussed the type of vegetation; and he has not walked the site. But, we talked about the vegetation that is along the Eagle River and we talked about other areas of it and even if you would go and investigate the root system that is in that area, it's less then 2 or 3 inches deep. So, you are not talking about a root system that's really holding the soil in any great depth anyway because of the type of rock formation underneath that, other than the cottonwood trees on the east end. And, like I say, 80g of them are going to be retained. But, the root system on cottonwood trees, when they are along the river, is usually not substantial because they go to water and they don't have very far to go. Councilor Nottingham wondered if this is the appropriate time; maybe you can tell me Mr. Dunn; there were some questions raised in these letters that were; especially Bill Nottingham's that we haven't touched on and I wondered if this would be an appropriate time if you had some people to address these things such as the traffic engineer analysis and taking care of the types of numbers that we would be dealing with. And, I'm saying that, maybe this is or isn't the time; you can tell me later; but I'm going to want that answered and that was a letter during public hearing. I mean, for the future projected population and density is it going to . . . Mayor Reynolds interjected I think it would be appropriate for Mr. Donaldson to address this under the public hearing. Mr. Donaldson asked if you would like me to deal with the traffic issues. Councilor Nottingham stated yes,; what'did he say; he wanted to be satisfied that, based on traffic engineer analysis, that Hurd Lane can handle the additional cars and the capacity of the development of Lots 1 and 2. Mr. Donaldson stated I will give you some overview comments on behalf of the applicant and then Iwould like for Mr. Spanel, who has done our traffic studies to deal with the more technical issues of what has been raised here. Mr. Donaldson continued, first of all we are dealing with a conflict- We have a gentleman, Mr. Bill Nottingham, that does not want this road to go through and I don't think he wants this development to go through. 16 • • Mr. Donaldson continued, on the other hand, we are trying to do the development and we are trying to comply with every regulation you have. The most important one we are dealing with in traffic is the extension and completion of the Hurd Lane improvements. That is critical to your bus system, to normal traffic flows, etc. With that comes increased traffic. Hurd Lane is designed well within the Town of Avon standards for such a collector street. It has the ability to handle the traffic; Mr. Spanel-can be more specific about it. The studies that have been requested have been performed. Just like our firm, Mr. Spanel's firm has reacted to staff questions, they've reacted to planning commission issues, they've updated their information and we believe our reporting is complete. If it is not, we can certainly provide additional information. But, I just wanted to point out that I think we have a conflict in concepts as to what is; some of the neighbors would like us to do versus what we are trying to accomplish with this development. Mr. Spanel stated, I guess without getting into the details of traffic counts and turning movements, basically what we have done is we've confirmed that this development; the Town of Avon under took a master transportation plan about,two years ago. And, in that master transportation plan certain assumptions were made as to how properties were going to be developed. This property was in that plan; there were certain things based on the assumption. And, what we have done in our calculations is confirm that the traffic that will be generated by this report is actually less than what was contemplated by the master transportation plan. The roads that are being planned for this are the same width that were recommended in your master transportation plan. So, what we've done'is, we are saying we are complying with what your experts recommended for this street, based on this project being 200 units, rather than 150 units. Councilor Nottingham asked did your study and all your numbers that you've got; did they take into consideration that Eaglebend; this is an easier way to get to City Market and everybody on that whole strip along the river; that it is just a much better way to access the interior of the Town and I-70 and the kind of traffic that that is going to be handling. Mr. Spanel stated I guess to answer that is; there is good and bad by that connection, if that is what we are going to talk about specifically. Left hand turns out of Hurd Lane are going to be very difficult during peak traffic hours. By providing a connection-through Eaglebend Drive and across the bridge it provides an alternative route to go on east. Yes, there is going to be increased traffic going to the west through Hurd Lane as a result of the interconnection. But, those are only going to be right hand'turning movements, especially during peak hours. Nobody is going to come from Eaglebend and try to turn left onto Avon Road particularly during peak traffic times because there is going to be long delays. But, Hurd Lane is designed to have a left hand turn lane at that intersection'to stack cars up that are trying to turn left, so that people who are turning right can turn right without waiting. Councilor Nottingham asked are we going to do that now or are there phases to this. Mr. Spanel stated there are three lanes there now. Mayor Reynolds interjected, correct me if I am wrong but isn't it in our future a traffic light designed for there. Mr. Spanel stated long term that traffic study does recommend; your traffic study recommends that that intersection, as well as Benchmark Road, receive traffic lights in the future. But, that determination as to when the traffic light is installed really isn't within either the developers jurisdiction or the Town Council; that's up to the Colorado Department of Transportation because Avon Road is a State highway. They'll make the determination when the traffic lights are warranted. Councilor Nottingham asked what is the ball park high end of what you think is the possibility of coming this way; I'm counting Eaglebend and then the residentials and then this development; I mean how many cars a day; do you use the 8-10 vehicle trips per residential unit number or . . . 17 Mr. Spanel interjected the assumptions for trips per day; apartments and townhouses were assumed that they generate 8 trips per dwelling unit per day. Councilor Nottingham stated I am just wondering if we are looking at 1,000, 5,000, 7,000, more than we are used to now. Mr. Spanel stated there is definitely going to be a lot of additional traffic. Councilor Yoder stated I think it says the complex will generate 1,520 trips per day. Mr. Spanel confirmed 1520 trips per day. The additional trips during peak hours is 122, between 7 and 9; and 152, between 4 and 6. Councilor Nottingham stated I just want to make sure all of a sudden this skinny little part in the middle here isn't a real bottle neck and whatever. Mr. Spanel stated that is one of the advantages of getting back to their set back question and the limitation of the number of driveways on this. That middle section shouldn't be a bottle neck because there are only two intersections. Where a more conventional residential development, you would have any number, 25 or 30 driveways at various points down there which all are going to cause traffic delays as people try to back out of their driveways onto the road. But, the way this is laid out with the two intersections, all those cars are going to be at controlled points getting on Hurd Lane, which should eliminate your concern of bottle necks in that middle section of the road. Councilor Nottingham stated that does it for me, thanks. Mr.•Donaldson stated I would like to touch on some of the issues that Ms. Ekrem has raised. Unfortunately, I have to disagree once again. 'We have done nothing but listen to the P;& Z and listen to the Town staff. We have many worksessions with the Town staff extensively. As you will recall, you have eleven findings in the staff report that says we are consistent with the Town guidelines, the goals and objectives of every one of these adopted plans. We started out at 190 units, the next meeting we were at 175, we were down to 160, and we have settled in at 150 units as our fatal minimum number of units. We have changed our plan. This plan has evolved over the last four and a half months of planning and staff and P & Z meeting time. I am sorry that she does not recognize the 100's of hours of work that professional and creative time that have gone into creating this plan to present to you tonight. Very few developers dedicate 43% of their land to the Town. Very few developers build 1,500' of road to Town standards. We are offering 25t maximum site coverage with our buildings versus 50t site coverage, which is normal in most of your zone districts. We are offering 35% minimum open space, versus the 20t, which is typical in zone districts similar to this. The plan before you tonight actually represents 47t open space. We also have achieved 40% of our required parking in a covered fashion and in addition to it being covered it is screened from the city streets, for the most part by the buildings themselves. We will build the railroad fence. We are certainly willing for you to make that a condition of approval tonight. We need to respect two different groups in doing so. One is P & Z who functions as your design review board in terms of the design and construction of that fence; the other is meeting the safety and other mitigation requirements set forth by the railroad commission. And, we are prepared to do that. My final comment would be.that we can submit an erosion control plan to the Town staff for their approval regarding,this_ no build line that would be acceptable to them." We've talked about it'being a building setback; we've promoted it as being an erosion control demarcation as well as a construction fence and we can certainly come to grips with that with your Town staff. But, if there are any other questions tonight, I am here to answer them. If not I am completing my presentation. Councilor Fawcett asked Mr. Donaldson, have you read Ordinance No. 94-12. Mr. Donaldson stated yes. Councilor Fawcett asked is there any area in that Ordinance that troubles you or you disagree with. Mr. Donaldson stated yes. 18 i • Mr. Donaldson continued, what I would like to tell the Council is that the four conditions numbered 1, 5, 6, and 8 as reported by Mary Holden in the current staff report for tonight's meeting; those are the conditions that we are in agreement with for being substituted with is in the Ordinance. Mr. Donaldson repeated the conditions as mentioned above and added, the only exception we took was in number 5; would be the timing of the developer constructing the bike path along the Eagle River. And, we would like a little latitude with that, to work with the Town on an on- going basis. We are committing such heavy'front end loaded funds to construct the Hurd Lane right of way and other infrastructure improvements to begin selling the first townhome unit; we would like to have a little bit.more time. And, what I would request is that that be completed by the developer prior to the completion of phase 4, which is our final townhome phase. Phase 5 is-the condominiums along the river. But, we would be willing to complete that by the completion of phase 4, if that would be acceptable to the Council. Councilor Fawcett asked what were your other comments. Mr. Donaldson stated we take no other exceptions to the staff's four revisions. Councilor Fawcett stated no other exceptions with respect to the entire Ordinance. Mr. Donaldson stated that is correct. Councilor Hines stated not with the Ordinance_ as P & Z stipulates, but with staff's recommendations. Mr. Donaldson stated if I may restate; if you inserted Ms. Holden's four conditions in the Ordinance with the exception of phase 1 being converted to phase 4 that would meet our requirements. Councilor Fawcett stated but in terms of the rest of the Ordinance, you have no problems. Mr. Donaldson stated that is correct.. Councilor Fawcett asked would you have a problem with an.amendment to the Ordinance which would indicate that an agreement be reached between Southwest and Eaglebend with respect to ingress and egress over the bridge prior to this taking effect. Mr. Donaldson stated l believe-that is condition number 1 as stated in the Ordinance, and we take no exception to that. Councilor Hines pointed out that is number 2. Mr. Donaldson confirmed, yes,~number 2 under conditions. Councilor Yoder asked do you have a problem adding Ito that as the dedicated right of way. Mr., Donaldson stated.not.what so~ever, that would be fine. Councilor Nottingham asked how would our attorney suggest that be added on number 2, section 6 conditions. Attorney Dunn stated in accordance with an agreement between the developer and Eaglebend acceptable to the Town. Councilor Fawcett asked Attorney Dunn to repeat his suggestion. Attorney Dunn repeated the above. Councilor Yoder asked do you still want to add the dedicated right of way. Attorney Dunn stated yes. Councilor Fawcett stated in terms of completion, Councilors Nottingham and Yoder both expressed some concern, and I am concerned too, because obviously; and obviously your clients are concerned; they want to make damn sure this thing goes forward and is developed as it should be and they don't run out of funds because of some construction cost or some contract bids that are alot higher than they expected them to be. Do we have any kind of completion bond or any requirements of that nature on this project. Mr. Wood stated there will be one through another phase of the project. The next step is the subdivision process; with public improvements we require a public improvements agreement that also has bonding provisions for-the completion of the roads, utilities, etc. So, all of the public utilities are covered. Councilor Fawcett asked do we have any provision to guarantee by bonding the completion of the structures. Attorney Dunn stated no. With no one else wishing to be heard, Mayor Reynolds closed the public hearing. Councilor Hines motioned to recess. The motion was seconded by Councilor Hazard. Mayor Reynolds announced a recess at 10:00pm. Mayor Reynolds re-convened the meeting at 10:10pm. 19 • Councilor Nottingham motioned Nottingham stated her reasons Motion died due to lack of a Council discussions followed. 0 to table this. Councilor for making the motion to table. second. Councilor Fawcett motioned approval of Ordinance No. 94-12, Series of 1994, on second reading with the following exceptions; that Section Four titled Amendments be deleted in it's entirety, that Section Six - Conditions, paragraph 2 should read the Hurd Lane connection be completed.to public road standards-as a dedicated right of way through to Eaglebend Drive in accordance with an agreement between developer and Eaglebend, acceptable to the Town. And, including Staff recommendations numbered 1, 5, 6, and 8 from the Town Council memorandum dated April 26, 1994 (see attached Exhibit C). Councilor Roof seconded the motion. Motion carried with Councilor Nottingham voting nay. 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 'T'HEREWITH; AND PROVIDING THE EFFECTIVE DATE HEREOF Mr. David Bell of Coughlin & Company, stated the bonds were offered for sale two weeks ago and that they were successful. Mr. Bell presented the bond purchase agreement to purchase the bonds on behalf of Coughlin & Company - all of the bonds for delivery next Wednesday, which the Town will then receive immediate funds to be put into a construction account to begin this project: This is a $3,900,000 issue. Construction proceeds to be approximately $3,665,000. Interest rates have been established between 3.75% and 7t. Debt service payments are about $340,000-$350,000 a year. The market was very receptive to our bonds - this is the seventh issue that Mr. Bell has handled for the Town. Mr. Bell added he has never had a problem with receptiveness to Avon's credit and this issue was no exception. There wds a good reception from the local investment community - that-being First Bank of Avon and an individual in Vail - better than half of the bonds were sold locally. Councilor Hines motioned to approve Resolution No. 94-11, Series of 1994. Councilor Roof seconded the motion and the motion carried unanimously. Resolution No. 94-17, Series of 1994, A RESOLUTION AMENDING THE 1994 BUDGET Mr. James stated this Resolution brings the Recreation Center figures up to date and in the correct accounts. Councilor Nottingham motioned to approve Resolution No. 94-17, Series of 1994. Councilor Yoder seconded the motion and the motion carried unanimously. Next on the Agenda under Unfinished Business was the Goal Setting Session Schedule. Mr. James reminded this subject was discussed at the earlier Worksession. 20 Next item on the Agenda under Unfinished Business was the Selection of Video Production Company. Mayor Reynolds announced that the discussion and selection will be at the next meeting. Next item Added to the Agenda under other Business was Committee Update. Councilor Fawcett gave an update on the Synergy Conference, that related to marketing through out the Vail Valley, which he attended. Next on the Agenda was the Consent Agenda: a.) Resolution No. 94-18, Series of 1994, A RESOLUTION APPROVING THE FINAL PLAT SUBDIVISION PLAT AND ADDENDUM TO THE SUPPLE- MENT TO AMENDED AND RESTATED SUBDIVISION IMPROVEMENTS AGREEMENT FOR MOUNTAIN STAR FILING NO. 2, TOWN OF AVON, EAGLE COUNTY, COLORADO b.) Financial Matters c.) Approval of the April 12, 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 Fawcett moved to adjourn. The motion was seconded by Councilor-Hines. The meeting was adjourned by Mayor Reynolds at 11.14PM RESPECTFULLY SUBMITTED:, Patty Ney art; T wn Clerk 21 EXHIBIT A • .wank-irnogene aoLL avon, coLonaao 81620.. April 10, 1994 Avon Town Council Avon, Colorado Mayor Reynolds, Members of the Council: OR 81994 7,0 wN oFq ~oN d We sincerely regret that we are physically unable to attend to- night's Council meeting. In lieu of our presence we ask that this letter be read into the record. We are particularly interested in the matter that will come before. you regarding the proposed development by Southwest Developers-:of a parcel of land that is currently owned'by Nottingham Associates. As you know, this Planned Unit Development has been before the . Planning & Zoning Commission for some time. We have attended those meetings. At this point, although we still oppose this certain development for several reasons,.we dosupport the action taken by the'Commission and strongly urge you to support the same. Continuing on the same line we urge you to support the findings and recommendations of the Department of Community Development. Two of the issues that arise in this proposal are and deserve your utmost consideration. The first cutting of a significant number of old Cottonwood way for construction. We have vigorously opposed further- that we believe that most developers woul, opportunity to include these trees in their plan. very significant is the planned trees to make this and will say 3 welcome the Secondis the problem of ingress and egress that has always troubled this property. During previous meetings the developers ignored or pushed the subject aside until forced to•discuss it due to questions by the public and the,Commission. At that time they implied that they couldn't' complete the connection between Hurd Lane and Eagle Bend Drive. The Town Staff and the Commission have recommended to you that completion of the "Hurd Lane Connection" is a condition to be met prior to approval of the PUD. We strongly urge you, the Council, to be consistent in the implementation-of' past and current policy in requiring two means of ingress and egress for develop- ments of this size in like locations. Finally, we would remind you that the piece of property in question is the last of it's kind within the Town limits. The river frontage, mature. vegetation and level contour of most of the land cause it to be • • Avon Town Council----Frank and Imogene Doll page 2 a highly desirable place to build. This can be a part of the Town that if done right will be an asset to the entire community. Look closely at what is proposed now and ask yourself, "What does this do for the Town of Avon?" Those of us who have looked at the plans, walked the property and listened to the proposal say, "Not much!" Thank you for your consideration. Sincerely, FRANK IMOGENE D i EXHIBIT B JF _ m LAW OFFICES'. PETRE PETRE GEORGE J. PETRE I AREA CODE 303 DANIEL B. PETRE A PROFESSIONAL CORPORATION 945-6621 COURTNEY G. PETRE POST OFFICE DRAWER 400 ERIC W. WALTER GLENWOOD SPRINGS, COLORADO 81602 Facsimile Transmission: 303-949-9139 April 11, 1994 k?-F&_ Avon Town Council APP 13 7,994 Town of Avon Post Office Box 975 /7-0 ~Ul~ Avon, CO 81620 OF q V 0A] Re: Nottingham Station P.U.D. Mayor Reynolds, Members of the Council: George Petre of our firm represented Bill Nottingham and Nottingham Investment Co., who are the owners of .Lots 1 and 2, Tract A and Tract B, Nottingham Station Subdivision, at the Planning and Zoning Commission meeting on March 1, 1994, when the Nottingham Station P.U.D. was reviewed. On March 2, 1994, George Petre wrote to Norm -Wood regarding several matters which were still major concerns for Bill Nottingham and Nottingham Investment Co. following the meeting. George Petre is out of the state and unable to attend the Town Council ' meeting tomorrow evening. Bill Nottingham has asked me to write to the Council and indicate on his behalf that the objections which have already been expressed remain objections which he believes should be addressed before approval of the project. I enclose a copy of George's letter to Norm Wood on March 2 as a written summary of those objections and request your serious consideration of them all.' Very truly yours, PETRE & PETRE, P. C. &"V- z - WzEe.) Courtney G. Petre PC: Mr. William E. Nottingham, Jr. Mr. Frank Doll GEORGE J. PETRE DANIEL B. PETRE COURTNEY G. PETRE ERIC W. WALTER March 2, 1994 Mr. Norm Wood TOWN OF AVON Post Office Box 975 Avon, CO 81620 Dear Norm: LAW OFFICES PETRE & PETRE A PROFESSIONAL CORPORATION POST OFFICE DRAWER 400 GLENWOOD SPRINGS. COLORADO 81602 FILE COPY AREA CODE 303 945-6521 Last night I attended the Planning and Zoning meeting involving the development of Lot 3, Nottingham Station. frepresented Bill Nottingham and Nottingham Investment Co., who are the owners "of Lots 1 and 2, Tract A and Tract B, Nottingham Station Subdivision. There was a great deal of discussion about the density of the subdivision and, the" abilityof Hurd Lane to accommodate the added traffic. The proposed development is to include 160 dwelling units on nine acres of land. I reviewed a traffic report submitted by the developers and I assume that it was based on this report that the staff recommended approval. The report was very perfunctory, acknowledges that there are, serious traffic problems at the intersection of Hurd Lane at Avon Road, but without any explanation concluded that Hurd Lane could handle the additional traffic. As you know, Lots 1 and 2 are zoned commercial and will undoubtedly be developed, but in the traffic report no consideration was given for the additional traffic that could be contemplated by the development of Lots 1 and 2. I am writing you at the suggestion of the Town Planner, who I spoke to about the traffic report, and she suggested that I put my concerns in writing to you. I was additionally concerned because the staff is trying to tie Hurd Lane into the Eagle Bend Subdivision and its 271 dwelling units, and in our opinion, this will materially increase the traffic on Hurd Lane. I would suggest that the planning staff require the developer to substantiate, by a professional study, that Hurd Lane can not only carry the traffic that will be generated by the development of Lots 1 and 2 for commercial purposes, but that Hurd Lane also has the additional capacity to handle the traffic generated by the proposed development of Lot 3. We are not totally opposed to the multiple family housing concept, but we will strenuously object to such a high density until you and your staff are well satisfied, based on traffic engineers analysis, that Hurd Lane can handle the additional 320 cars and still have the capacity to accommodate the development of Lots 1 and 2. LAW OFFICES PETRE & PETRE A PROFESSIONAL CORPORATION Mr. Norm Wood March 2, 1994 Page Two The project has additional problems inasmuch as it is bound to impact the Eagle River, the proximity of the development units one to another was not acceptable to Planning and Zoning and in general the developers have not considered or addressed the social- impacts created by such a large development. I realize some of these concerns, are not those of the town engineer,- but I would appreciate-your considering the traffic impact on Hurd Lane, particularly considering the development of the remaining property. Your assistance would be very much appreciated. Very truly yours, PETRE & P. C. cc: Mr. William E. Nottingham, Jr. Mr. Frank Doll 0 EXHIBIT C Town Council Memorandum April 26, 1994 Lot 3 Nottingham Station Subdivision Nottingham Station P.U.D. Completion PROJECT TYPE: Nottingham Station P.U.D. ZONING: PUD INTRODUCTION This matter is before Town Council for Second Reading of Ordinance 94-12 which is a Public Hearing. Attached is the Staff Report submitted to you for 1 st. Reading. RECOMMENDED ACTION Listed below is the process for a Public Hearing: 1. Introduction Bill James 2. Staff Presentation - Mary Holden 3. Applicant Presentation 4. Open Public Hearing 5. Close Public Hearing 6. Council Comment 7. Council Action Staff recommends the Town Council approve Ordinance 94-12 with the following conditions in Section 6 amended to read as follows: 1. The PUD Guidelines and Standards described in the report in so far as not inconsistent herewith (including allowed uses, density, site access, and development standards) be incorporated into and binding upon the PUD zone district designation for the parcel. 5. That a trail/pathway be constructed in accordance with the Town of Avon Recreation Plan (1991), by the developer during Phase I. 6. The minimum front yard setback shall be 10' from the Hurd Lane right-of-way. 8. The setback from the Eagle River shall be that which is depicted on the PUD Development Plan, dated 3-15-94, which as a minimum is the greater of 30 feet from the mean annual high water mark or the 100 year flood plain. Respectfully Submitted Mary Holden" Town Planner