TC Minutes 09-27-19940 0
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD SEPTEMBER 27, 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 Reynolds at
I7:30PM. A roll call was taken with Councilors Jack Fawcett, John
iHazard, Tom Hines, Celeste C. Nottingham, Jim Roof, and Judy
;Yoder. Also present were Town Manager Bill James, Town Attorney
'John Dunn, Town Clerk Patty Neyhart, Planner Mary Holden, Town
Engineer Norm Wood, Director of Municipal Services Larry Brooks,
Fire Chief Charlie Moore, as well as members of the press and
!public.
Second Reading of Ordinance No. 94-19, Series of 1994, AN
ORDINANCE PROVIDING FOR THE RE-ESTABLISHMENT OF A PLANNED UNIT
DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR PARCELS 1 AND 2,
'SWIFT GULCH ADDITION, TOWN OF AVON, EAGLE COUNTY, COLORADO
;Mayor Reynolds announced this is a public hearing.
Town Manager Bill James stated this went before the Planning &
'Zoning Commission (P'& Z) last Tuesday. One negative vote was
!due to the 48' height. Mr. James stated the Town needs the
flexibility and does not anticipate a 48' building. The building
;will be brought back before ,P & Z for'final.design review.
Town Planner Mary Holden presented pictures of the Swift Gulch
urea. The development guidelines for Swift Gulch are: minimum
building front setback is.25",.side setback is 7.51, rear setback
~is 10','makimum building height is 481, maximum site coverage is
50t, and minimum landscape area is 20t. Staff recommends
!approval with the following findings; 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 providing
;municipal services and utilities to existing developments and
accommodating future development, 4.) the PUD is consistent with
;the Comprehensive Plan goals and objectives related to the
'development of public facilities to maintain proper level of
;public services in the Town.
!Mr. James informed that the Division of Wildlife has indicated
',they do not have any problem with using any of the area shown on
the plan. We will work with Mr. Jen Wright and he will transfer
the land ownership to the Town. We will work with the Division
of Wildlife in case there is any mitigation - there may be a
'small impact fee to replace vegetation.
Coiincilor Fawcett asked about the fire fighters training
;facility. Mr. James noted the possibility of a fire fighting
straining facility is very preliminary; there might not be room
'for it.
,Councilor Nottingham stated the site plan concerns her; how tight
pare we are to this sight plan; I thought the Town Council was
going to have alot more input as to choices of how we could use
it and what could happen; I haven't seen that. Mr. James stated
there is not enough time to come up with a specific plan for this
!site, with closing on the property October 13th. This is a only
general indication of how we will use the site. This will go
back to P & Z for design review. Through the PUD process, you
have to get the uses defined.
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Councilor Fawcett motioned to adopt Ordinance No. 94-19, Series
of 1994 on Second reading. Councilor Roof seconded the motion.
The motion carried unanimously.
;Second Reading of Ordinance No. 94-20, Series of 1994, AN
ORDINANCE PROVIDING FOR THE RE-ESTABLISHMENT OF A PLANNED UNIT
,DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR LOT 1, RIVERSIDE_
;SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
Mayor Reynolds announced this is a public hearing.
Planner Mary Holden informed this is the same Ordinance Council
approved on first reading a few weeks ago. Staff recommends
',approval of this Ordinance. Planner Holden noted development
,guidelines as; the permitted uses are 54 residential units, the
minimum building set backs will be 30' from the mean annual high
water mark, 25' from Highway 6, 7.5' from-.the sides, and 15' from
'building to building allowing for a 2' encroachment, maximum
:building height is 48', maximum site coverage which includes the
',building, asphalt and sidewalks is 60t, minimum landscape
,standards are the proposed preliminary landscape plan. Maximum
'density is 54 units. -Park-ing_, will be provided per the parking
,requirements in our Zoning Code. And, all other miscellaneous
iguidelines will be covered by the PUD document dated July 28,
;1994. Findings for approval 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 the Town's
role as a principal year-round residential center in the Vail
.Valley, 3.) the PUD is consistent with the Comprehensive Plan
goals and objectives related to an appropriate mix of residential
(dwelling unit types for permanent residents, 4.) the PUD is
,consistent with the Comprehensive Plan goals and objectives
'related to 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 Riverfront District (Subarea 10), related to
buildings capitalizing on the River, setback from the River to
preserve its natural character, limit building heights to three
or four stories, and locate buildings and parking to preserve and
promote the health of existing quality trees. Ms. Holden then
read Section 5 - Conditions of the Ordinance.
Discussion followed on the construction of the bikepath /
pathway. Town Engineer Norm Wood stated that at this point the
condition in the Ordinance is that they include a path in the
plan. At this point there is no alignment - no fixed location
for the trail. On the Master Plan it does show the trail going
along the River, then coming back off of it and then back along
the River.
Mr. Spanel requested the Ordinance be changed in Section 5 -
Conditions, paragraph 4. Mr. Spanel asked that the language be
changed to say that is complies with the intent of the plan,
rather than the letter of the plan. The plan's intent is to
provide fishermen access; it's not a bikepath on that side.
Councilor Hines stated it is more than fishermen access - it is a
softpath fora variety of usages - we have different types of
paths on each side of the River. Mr. Spanel stated it is a very
steep embankment on that side and to build a 6' wide path is
going to destroy the riparian vegetation.
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Mr. Spanel stated the Town would have to be involved with the
wetlands permit process because the existing subdivision for
Riverside dedicated that stream front to the Town. So, that path
will be on Town's property.
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Mr. James stated this is a•Master Plam for the community and he
!would not like to-see this broken up without some further thought
for connecting the bike path over there. A fishermen access was
(not the intent of the Plan - we have a hard path on one side of
the River and a"soft path on the other side.
(Councilor Nottingham noticed, in addition to the bike path and
path ways, a seating or small picnic area is included on the
Master Plan, which looks like it is on this property. Mr. Spaniel
stated that on either end of the property there are areas that
could be turned into a picnic areas, particularly on the west
Iside*. There is an opportunity to bring some paths down to the
River - these paths could be connected, at the top of the bank,
,maybe through the parking lot on the front side of the building.
'Discussion followed on whether to change the language of the
.Ordinance to reflect intent. Attorney Dunn noted the Ordinance,
as proposed, provides that the developer shall construct a
pathway. The details of that will be determined at a later time.
Discussion followed on whether to add language'to the Ordinance
to include seating/small picnic area.
Mr. Jay Hawkins displayed a model of the site. Discussion was on
!the 30' setback from the annual high water line.
.Councilor Nottingham motioned to adopt Ordinance No. 94-20,
,Series of 1994 on second reading with an addendum to the
'conditions in Section #5, Number #4, where it says a pedestrian
trail/pathway seatings/small picnic area, consistent with the
Town's Recreation Plan be shown on the PUD plan along the Eagle
,River. The developer shall construct = insert - these
;improvements - scratch this pathway - prior to any temporary or
permanent certificates of occupancy being issued. Councilor
Yoder seconded the motion. The motion carried unanimously.
Resolution No. 94-28, Series of 1994, A RESOLUTION AMENDING THE
1994 BUDGET.
Mr. James reminded that-at a worksession a couple weeks ago,
Council directed Staff to prepare a Resolution to amend the 1994
Budget. Both additional items were under marketing; Bobfest for
$2,500 and Sister City Program for $1,250.00.
Councilor Nottingham motioned to approve Resolution No. 94-28,
Series of 1994. Councilor Fawcett seconded the motion. The
motion carried with Councilors Hines and Roof opposing.
Resolution No. 94-29, Serie's of 1994, A RESOLUTION CERTIFYING
DELINQUENT ASSESSMENT PAYMENTS FOR LOCAL IMPROVEMENT DISTRICT NO.
1990-1 (WILDRIDGE SPECIAL IMPROVEMENT DISTRICT) FOR COLLECTION BY
EAGLE COUNTY TREASURER
Mr. James.stated every year the Town is required to submit to the
County Treasurer a list of delinquencies on=the Special
Assessment District up in'Vhldridge. The District was created
for natural gas and cable television installation. The list on
the Resolution needs to be certified to the County for
collection.
Councilor Yoder motioned to approve Resolution No. 94-29, Series
of 1994: Councilor Rbof-seconded the motion and the motion
carried unanimously--
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The next item on the Agenda under New Business was the Avon
Station River Trail Easement Dedication.
Ms. Holden stated Staff is recommending approval to accept a 20'
river trail easement and maintenance on the Avon Station
;property. Eagle County is in the position to get this easement
and a construction improvements agreement with Vail Associates.
,The County approached the Town and inquired if the Town wanted to
;accept the dedication. Approval,is recommended because both ends
of the trail tie into the Town's trail system along the river.
Mr. James added that Council does not have to approve the
,contract this evening. The County is wanting to know, from a
policy stand point, if'the Town is willing to accept the easement
and willing to maintain the trail after construction. Councilor
Yoder suggested approving the contract when the blanks are filled
in and adopting only policy this evening.
Councilor Yoder motioned to accept as general policy and table
,the approval of the maintenance contract or the agreement of. the
'Avon Station River Trail Easement Dedication. Councilor Hines
'seconded the motion and the motion carried unanimously.
Next on the Agenda was the Town Attorney Report.
Attorney Dunn reported on the Allen residence in Wildridge.
Attorney Dunn stated Mr. Allen has until October 7th to file an
answer on the court action. Attorney Dunn mentioned options
available to the Town such as requiring a performance bond.
Next on the Agenda was the Mayor Report.
Mayor Reynolds mentioned the ABCRA meeting in which Frank Johnson
;presented a suggested consolidation of services for the Vail
Valley Marketing Board and the Avon/Beaver Creek Resort
'Association. Mayor,Reynolds questioned the proposed structure.
Mr. Johnson will come before Avon Council to present the
consolidation.
Mayor Reynolds mentioned the success of the mountain bike races
in Vail.
Next on the Agenda was Other Business.
Mr. James reported that the Vail Valley Marketing Board would
like to come before Council next Tuesday during the Worksession.
Mr. James requested Council to rate goals for capital projects
with one for this year, two for next year-second choice, and
three for the year after next-third choice. Mr. James requested
Council to return the rated goals to him by Friday morning so
they may be calculated and included in Council's packets going
out Friday afternoon.
Consensus of Council was to cancel the Thursday meetings that
were scheduled for budget discussions. Council decided to meet
from 8:00am - 5:00pm, Wednesday, October 5th to consider
contribution requests, goals, and budgeting.
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(Next on the Agenda was the Consent Agenda:
a.) Financial Matters
`b.) Approval of the September 13, 1994 Council Meeting Minutes.
Councilor Yoder motioned to approve the Consent Agenda.
(Councilor- Hines seconded the motion and the motion carried
I 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 8:46PM~
RESPECTFULLY SUBMITTED:
Pa ty Neyh rt wn Clerk
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