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TC Minutes 09-10-2002MINUTES OF THE REGULAR-MEETING OF THE TOWN COUNCIL HELD SEPTEMBER 10; 2002 A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Judy Yoder called the meeting to order at 5:30 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt, Brian Sipes and Mayor. Pro Tem Buz Reynolds present. Also present were Town Manager Bill Efting, Assistant Town Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Patty McKenny, Human Resource Director Jacquie Halburnt, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed, Transit Director Harry Taylor, Community Development Director Ruth Borne, and Planner Tambi Katieb, as well as members of the press and public. Citizen Input Steve Miller, property owner, resident of Avon, and candidate for Town Council, commented on his concern about the Town Council carrying on the level of business at a work session. He suggested,that Council move the meeting to a time when the majority of citizens could attend. He is interested in the process becoming more public. Kristi Ferraro, resident of Avon, addressed the Council with regard to dust problems occurring at the Village.at Avon project. She expressed concern about the lack of dust mitigation regulations in place to protect the citizens. With current drought conditions, Traer Creek now no longer has to pay for water to mitigate-the dust problems the project is creating. It is time to address this problem once again, since construction will continue for some time. Efting noted that two monitoring devices are in Town limits, one at the Village at Avon site and the other at the Nottingham Lake. Efting noted that neither monitor has shown dust levels exceeding 40% to indicate any serious health risks. Discussion occurred about the timing of starting the trucks at the project. Kristi thought the water trucks should start first at 7 am, complete its route and then construction could begin. This would help protect the citizens from all ttie dust. Stuart Borne, Shapiro Development, addressed the Council to let them know that he has seen this Council as very accessible and open about any public discussion. George Plavic, owner of Terramont Contractors and citizen of Avon, submitted a letter to Town Council expressing his disappointment in the action Town Council took to impose an unfair and unbalanced tax in the form of a Use Tax. He explained his position and believed that it taxes only the building community. He was very concerned about how the tax would actually work. Mike Dantas was also present to express his opposition to the use tax. He sees that it is an unfair tax because it taxes only the building community. Councilor McDevitt commented on the fact that Colorado State Statues- already impose a tax on building materials purchase in the State_ and that this tax is not being collected locally.. The passage of the ballot question would alloW the Town to collect the tax at the building permit level as opposed to policing the retail outlet that sells the materials. Town staff is currently researching how staff would collect and audit the use tax. Some further discussion occurred and Mayor Yoder wrapped up the discussion by acknowledging that all the points raised had some validity and the Avon resident would have an opportunity to have the final say by voting on the question at the November election. New Business Ruth Borne presented to Town Council an appeal of the Planning and Zoning Commission's final design decision on September 3, 2002 for the fagade improvements at Wal-Mart. The applicant prefers not to revise the fagade improvements because of the financial considerations associated with the arches on the Wal-Mart fagade combined with the stucco and painting improvements proposed for Chapel Square. Planning & Zoning Commission approved final design for the Wal-Mart fagade with the condition that the arches and stone columns be added except on the west elevation of the building. So m response to this decision, the applicant filed an appeal to try to relieve them of the condition to add the arches and stone columns and use the money instead to paint the building. Mayor Yoder noted that the appeal and the Ordinance No. 02-19, which followed on the agenda, are two separate items the Council is considering. The applicants were present again to explain why they appeared before Council with this appeal. The applicants proposed painting the project instead of adding the fagade to Wal-Mart since in the near future the building would see new tenants. It would be likely that the new tenants would then want changes made to the building. The applicant was asked what their relationship was with Traer Creek, and their response was that there was no relationship. Once Wal-Mart vacates the space, Traer Creek controls the space. Once the new tenant takes over, the current owner is no longer bound to make any changes. Traer Creek as owner would be the responsible party. However, Traer Creek would not be responsible for making any facade improvements. Chris Evans, Chairman of Planning & Zoning, explained the history of decision made about the project. He noted that continuity between the buildings would be made by constructing the columns and arches. It was supposed to be completed last October. The decision was difficult but the vote was unanimous to include this condition. Their primary concern was to obtain the look of continuity vs "who" had to make the changes and the ability to finance them. At this time, Council expressed their desire to balance the design issue with the financial issues at hand. Greg Gastineau, Timberline Management, just reiterated their desire to make a compromise with regard to this issue and his preference to paint instead of constructing the arches/columns. Councilor Sipes suggested transferring the responsibility of changing the facade to Traer Creek. It was suggested tabling the decision. The applicant expressed their concern about the running out of time yet this year to complete the painting of a building that size. Councilor Brown moved to approve the appeal of the Planning & Zoning decision with regard to the Chapel Square fagade improvements. Councilor P. Buckley seconded the motion. (This motion which upholds the appeal made and removes the final condition to require the arches and stone columns). A roll call vote was taken as follows: Brown, McDevitt, Reynolds, and P. Buckley - yea; D. Buckley and Sipes - nay. The motion passed with a four to two vote. Regular Council Meeting Page 2 of 5 September 10, 2002 Ordinances Community Development Director Ruth Borne presented Ordinance No. 02-19, Series 2002 for second reading. She noted that the applicant, LB Chapel Square, LLC submitted a PUD amendment to amend the Chapel Square PUD to remove "Note 16" and replace it with the note as outlined in the Ordinance and to remove the "Chapel" designation from the zoning documents to allow for the construction of a loading dock to serve Building C. Staff recommended approval of the Ordinance. Councilor Brown asked if the prior vote conflicted with Ordinance No. 02-19. Ruth said it did not. A fine was proposed in the Ordinance if the applicant does not comply with the fagade improvements by October 2003. The public hearing was opened, no comments were made and the hearing was closed. Councilor Brown moved to approve on second reading Ordinance No. 02-19, Series 2002 - An Ordinance approving an amendment of the Chapel Square Planned Unit Development (PUD) for Lots 22, 22A, 22B, Tracts A, B-1, B-, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. Councilor Reynolds seconded the motion and the motion passed unanimously. Planner Tambi Katieb presented Ordinance No. 02-20, Series 2002 for second reading. He noted that the applicant, Suites at Avon LLC, submitted a PUD development plan to re-establish a PUD Development Plan for Lot B. The history of this proposal included approval of Lot B PUD via a Development Agreement on September 19, 1998, and subsequent approval of a Preliminary Development Plan for this project on December 3, 1998 by Ordinance No. 98-23. Additionally, a final development plan was approved by Ordinance 99-3 (effective on February 23, 1999). This final development plan has since expired and- the project. applicants are now seeking to reestablish this final development plan. Tambi noted that Lot B is vested with a maximum of 50,000 sq. ft. of commercial space. The Preliminary Development and Zoning plan included - 22,404 gross leaseable floor area of commercial space. The current proposal included 17,503 gross leasable floor areas of commercial space and 3,186 of common area/lobby. The 4,901 sq. ft. difference between the previous approval and what is currently being proposed has been eliminated from the second floor. He noted that the applicant can expand the commercial square footage of the project as long as the parking requirements are met without any further amendments. On first reading Town Council requested further -information regarding the tax difference between the previous Lot B PUD approvals and the current submittal, specifically as it relates to the reduced commercial component. The packet included a letter from Suite of Avon LLC along with a recent appraisal of market rents that contends that the market does not support commercial space on the second floor. In the event the Town Center plan is implemented, then the commercial area may be increased to accommodate the need for more retail and restaurant space. Stuart Borne, Shapiro Development, was present along with Gordon Milbreth, owner's representative, and Pat Nook, PWN Architects and Planners. Stuart addressed the difference of the retail vs. residential in the current plan. He would like to maintain the ability to do more commercial based on market need and their ability to accommodate the parking. He also acknowledged the idea that Council had some issues with the architecture and referred to address those issues at final design. He suggested that the design of the building compliments that of the Avon Center. He informed the Council that as property manager of that building as well, there Regular Council Meeting Page 3 of 5 September 10, 2002 would be cosmetic changes made to it in the future. In summary, improvements would be made in that entire area. Pat Nook addressed the Council with regard to design of the building. He highlighted the pedestrian nature of the design and the proposed colors of the building. The public hearing was opened, no comments were made, and the hearing was closed. Council made the following comments: Councilor Sipes was not in favor of the reduction of commercial space and the increase m residential space on the 2nd floor. He noted that all the site plans in the packet used the older versions of the map of Lot C, which had nothing to do with the existing buildings. He is not opposed to the density, but thinks the application must relate to the neighbors. Overall he expressed that the Town needed new direction in this area. Councilor Brown noted that an approval was made-by Planning & Zoning and that it meets the master plan. If further discussion is required on massing issues, it'should be done at a more basic level. Councilor D. Buckley agreed. Councilor McDevitt noted that if the market bears more commercial, the applicant would change the building to more commercial. He was, confused about how the project was not similar with the neighbors. Council Sipes addressed the issues with the restaurant. Council P. Buckley noted there has been a lack of enthusiasm for the Sheraton project. There is nothing of interest ,at that location, i.e. restaurant or retail. Councilor D. Buckley moved to approve on second reading Ordinance No. 02-20, Series 2002 - An Ordinance approving a PUD Development Plan for the Lot B Planned Unit Development (PUD) for Lot B, Avon Center at Beaver Creek, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado, which included the minimum of 17,503 square feet of commercial. Councilor Brown seconded the motion and a roll call vote was taken as follows: Brown, D. Buckley, McDevitt, and Reynolds - yea; Sipes and P. Buckley - nay. The motion passed with a four to two vote. Attomey John Dunn presented on First Reading Ordinance No. 02-21, Series 2002 - An Ordinance amending Chapter 9 of the Municipal Code of the Town of Avon to prohibit the sale of fermented malt beverages to persons under the age of twenty-one years. He noted that was purely a housekeeping matter. Councilor D. Buckley moved to approve Ordinance No. 02-21, Series 2002 - An Ordinance amending Chapter 9 of the Municipal Code of the Town of Avon to prohibit the sale of fermented malt beverages to persons under the age of twenty-one years. Councilor McDevitt seconded the motion and the motion passed unanimously. Town Manager Report Bill Efting will be on vacation until September 18th, Larry Brooks will be acting town manager. Regular Council Meeting Page 4 of 5 September 10, 2002 Attorney Report Attorney John Dunn will be on vacation till the end of September. Inga Causey will be at the next Council meeting. Mayors Report Mayor Yoder reminded the public of the economic development meeting to be held September 18th at the Council Changes. Everyone is invited to attend. Other Business Councilor P. Buckley mentioned that the junkyard areas are being cleaned up. He also noted that the Council should consider the compliance deposit issue in the near future (as raised by Councilor D. Buckley). Bill Efting noted that staff was already working on it. Consent Agenda Mayor Yoder asked for a motion on the Consent Agenda. Councilor D. Buckley moved to approve the Consent Agenda. Councilor Buckley seconded the motion. The motion was carried unanimously. There being no further business to. come before the Council, Councilor McDevitt moved to adjourn the meeting. Councilor Buckley seconded the motion. The meeting adjourned at 6:45 PM. APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Judy Yoder Regular Council Meeting Page 5 of 5 September 10, 2002