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TC Minutes 07-27-1999U MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD JULY 27, 1999 A regular meeting 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 Judy Yoder at 5:30 PM. A roll call was taken with Councilors Jim Benson, Debbie Buckley, Rick Cuny, Mac McDevitt, Buz Reynolds, and Mayor Protem Bob McIlveen present. Also present were Town Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks, Town Clerk Kris Nash, Police Chief Jeff Layman, Public Works Superintendent Bob Reed, Community Development Director Mike Matzko, Town Planner Karen Griffith, Transportation Director Harry Taylor, Town Engineer Norm Wood as well as members of the press and public. Ordinances: Second Reading of Ordinance No. 99-09, Series of 1999, An Ordinance Repealing and Reenacting Chapter 15.08 of the Avon Municipal Code: Adopting by Reference the 1997 Edition of the Uniform Building Code Volumes 1, 2, and 3, and Setting Forth Details in Regard Thereto Second Reading of Ordinance No. 99-10, Series of 1999, An Ordinance Repealing and Reenacting Chapter 15.20 of the Avon Municipal Code: Adopting by Reference the 1997 Edition of the Uniform Plumbing Code and Setting Forth Details in Regard Thereto Second Reading of Ordinance No. 99-11, Series of 1999, An Ordinance Repealing and Reenacting Chapter 15.12 of the Avon Municipal Code: Adopting by Reference the 1999 Edition of the National Electric Code and Setting Forth Details in Regard Thereto Second Reading of Ordinance No. 99-12, Series of 1999, An Ordinance Repealing Chapter 8.30 of the Avon Municipal Code Second Reading of Ordinance No. 99-13, Series of 1999, An Ordinance Repealing and Reenacting Chapter 15.24 of the Avon Municipal Code: Adopting by Reference the 1998 Edition of the International Mechanical Code and Setting Forth Details in Regard Thereto Second Reading of Ordinance No. 99-14, Series of 1999, An Ordinance Adopting with Amendments the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings as Chapter 15.44 of the Avon Municipal Code 0 • Second Reading of Ordinance No. 99-15, Series of 1999, An Ordinance Repealing and Reenacting Chapter 15.32 of the Avon Municipal Code: Adopting by Reference the 1997 Edition of the Uniform Fire Code Volumes 1 and 2 and Setting Forth Details in Regard Thereto Mayor Yoder stated Ordinance No. 99-12, Series of 1999 has been removed from seconded reading. Mayor Yoder stated this is a public hearing. There being no public comment, Mayor Yoder closed the public hearing. Councilor Reynolds motioned approval of Ordinance No. 99-09, 99-10, 99-11, 99-13, 99- 14, and 99-15 on second reading. Councilor McDevitt seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. Ordinances: Second Reading of Ordinance No. 99-16, Series of 1999, An Ordinance Approving a Rezoning from Town Center (TC) to Planned Unit Development, and Approving the PUD Development Plan and Development Standards, for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado Mayor Yoder stated this is a public hearing. Community Development Director Mike Matzko stated this ordinance rezones Lot 61 from Town Center (TC) to Planned Unit Development (PUD) and approves the PUD plan for the site. Councilor Cuny asked how high this building will be in relation to Avon Center and the Seasons at Avon. Mr. Matzko stated the current zoning is 80 feet. The proposed height of the building is mid-way between the height of Avon Center (100 feet measured from the top of the elevator tower) and the Seasons buildings (80 feet at it's highest point). The proposed building measured on the mall side is less than 90 feet. If measured on the Benchmark Road side it will be a little taller due to sloping ground. Mr. Matzko pointed this out on a model. Mayor Yoder questioned the drop off on the lot. Mr. Matzko stated about 12 feet. 2 • • Mr. Michael Hazard, architect for the project, approached the Council. He confirmed his project is 10 feet below Avon Center and 10 feet above the Seasons building. The height varies depending on the side of the building. There are 274 underground parking spaces plus some double deep parking spaces which will be used for the condominium parking. Those are beyond the minimum space count. Councilor Reynolds pointed out that the copies of the shade studies provided to Council for their packets did not copy well and cannot determine the study. Mr. Hazard presented a "brown line" copy to Council to clarify the shade study. Ms. Elizabeth Butler approached the Council. She stated she is the owner of unit 503 at the Avon Center and her husband, Lee Butler, owns unit 805. Ms. Butler objects to the additional height request on this project. She does not feel the elevator should be used for the height of the building. She also objects that they can elevate their building just because it is located on lower ground than the Avon Center. She stated that she is not objecting to the development of the lot, just the additional height request. Mayor Yoder asked Mr. Matzko what the building heights of Lot C and Lot B are going to be. Mr. Matzko stated Lot C is the height of the Avon Center building at the top of the elevator tower. Lot B is lower in height and density. Mr. Hazard discussed the height survey that was done to determine the height of his building. The grade at the mall is 10 feet less than Avon Center is to the mall. The grade at Benchmark Road is 12 feet lower than the grade at the mall. The height difference between Avon Center and the proposed building is 10.3 feet. (Discussion took place away from the microphone and is not transcribable.) Councilor Benson stated his concern was that the proposed building not be taller than the existing Avon Center. Mr. Hazard stated his building is not taller. Mr. Bob Roman, property manager of Avon Center, approached the Council. He stated he does want to see the lot developed but also wants to maintain some sight views for their highest end units at Avon Center (the eighth floor units). People have invested $600,000 to $700,000 in those units and would like to see those values maintained. They realize the lower unit views would disappear. Mayor Protein McIlveen asked Mr. Hazard if any site line studies have been done from the Avon Center units. Mr. Hazard stated they have not. Ms. Butler stated from their unit 805, they foresee that they will be effected. Ms. Butler asked the Council to please not grant the height variance. More discussion was held regarding the height differences between the two buildings. 3 • 0 There being no further comments from the public, Mayor Yoder closed the public hearing and asked for Council discussion. Councilor McDevitt motioned approval of Ordinance No. 99-16, Series of 1999 on second reading. Councilor Buckley seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. Mayor Protem McIlveen suggested to Mr. Hazard that he conduct a site study to see what the view corridors are and what the impact will be. Ordinances: First Reading of Ordinance No. 99-17, Series of 1999, An Ordinance Approving the Lot 5, Nottingham Station PUD and Development Standards, Lot 5, Nottingham Station, Wildridge Subdivision, Town of Avon, Eagle County, Colorado Town Planner Karen Griffith stated this ordinance is for the Nottingham property just east of Canyon Run. The property was originally zoned PUD as part of Nottingham Station but specific zoning standards were not established. They are requesting PUD approval to establish zoning. They are proposing single family use on the property. They would like to add one single family residence to the property so now there would be two homes. The Planning & Zoning Commission recommended approval with two conditions. First, remove shed closest to the road. Second, technical correction to the name of the subdivision. Mayor Yoder asked why this was in the Wildridge Subdivision. Ms. Griffith stated that was an error and would be corrected on second reading. Councilor Benson motioned approval of Ordinance No. 99-17, Series of 1999 on first reading. Councilor Reynolds seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. Resolutions: Resolution No. 99-30, Series of 1999, A Resolution Approving the Preliminary Plan and Condominium Map of Chapel Square Condominiums, A Resubdivision of Chapel Square Subdivision, Town of Avon, Eagle County, Colorado 4 • Mayor Yoder stated this is a public hearing. Town Engineer Norm Wood stated Chapel Square LLC has submitted a preliminary plan and condominium map for Chapel Square Subdivision. The preliminary plan is in conformance with the approved PUD. The approval for the preliminary plan allows them to condominiumize the buildings on the site. Mr. Wood recommended approval of Resolution No. 99-30. Councilor Benson motioned approval of Resolution No. 99-30, Series of 1999. Mayor Protem McIlveen seconded the motion. The motion carried unanimously. Mayor Report: Mayor Yoder thanked everyone who came to the Town picnic. It was a huge success. We look forward to having another one next year. Consent Agenda: a.) Approval of July 13, 1999 Council Meeting Minutes b.) Julian Lennon Contract for BobSummerFest c.) Contract with Andando por Vail Advertisement d.) InternetVail.Com Consulting Services Agreement for Data Networking System Upgrades e.) Computer Network Installation Agreement f.) Swift Gulch Wash Bay g.) Resolution No. 99-31, Series of 1999, A Resolution Approving the Final Plat and Condominium Map of Chapel Square Condominiums "Building B", Lot 22, Chapel Square Subdivision, Town of Avon, Eagle County, Colorado h.) Resolution No. 99-32, Series of 1999, A Resolution to Amend the 1999 Town of Avon Budget i.) Resolution No. 99-33, Series of 1999, A Resolution Approving the Second Supplemental Condominium Map of Vail Avon Commercial Park, A Resubdivision of Unit IN, Town of Avon, Eagle County, Colorado j.) Financial Matters Mayor Yoder stated item c will be removed from the agenda. Councilor Buckley stated she has a conflict of interest on item d and will refrain from voting on that item. Mayor Protem McIlveen motioned approval of the consent agenda with the removal of item c. Councilor Benson seconded the motion. The motion carried unanimously. 5 There being no further business to come before the Council, Councilor Benson motioned to adjourn the meeting. Councilor Buckley seconded the motion. The motion carried unanimously. The meeting adjourned at 6:21 IPM. RESPECTFULLY SUBMITTED: ash, Town APPROVED: Jim Benson Debbie Buckley Rick Cuny Mac McDevitt Bob McIlveen Buz Reynolds Judy Yoder