TC Minutes 08-12-2003MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD AUGUST 12, 2003
A regular meeting of the Town of Avon, Colorado was held at the Avon Elementary School,
0850 W. Beaver Creek Blvd., Avon, Colorado.
Mayor Pro Tern Mac McDevitt called the meeting to order at 5:30 PM. A roll call was taken with
Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, and Ron Wolfe. Mayor
Buz Reynolds was absent. Also present were Town Manager Larry Brooks, Town Attorney
John Dunn, Town Clerk Patty McKenny, Town Engineer Norm Wood, Recreation Director Meryl
Jacobs, Public Works Director Bob Reed, Finance Director Scott Wright, Police Chief Jeff
Layman, Community Development Director Ruth Borne, as well as members of the press and
public.
Citizen Input
Erica Yoshimoto addressed the Council to request sponsorship participation in the Eagle River
Clean Up on September 14, 2003. After some questions, Councilor D. Buckley moved to
support the effort with a $1000 sponsorship contribution. Councilor Wolfe seconded the motion
and it passed unanimously.
John Buchli, resident of Avon and representing area dog owners, addressed the Council with
regard to the request for implementing an "off-lease dog area" on the northwest corner of
Nottingham park. In exchange for this he noted that his group of volunteers would offer to patrol
and ensure that the area was cleaned up. After some discussion occurred about the specifics
of the request and the "process", it was suggested that he submit some items to Community
development staff, i.e. a pictures & map showing the area, approval from the surrounding
property owners and options of costs of fencing the area.
Chris Evans was present to invite the Council to a kickball tournament on Saturday August 23`d
to raise funds for area advocacy groups.
Ordinances
The Town Council considered Ordinance No. 03-10, Ordinance approving the PUD Amendment
for the Village (at Avon). Town Attorney John Dunn began the discussion by explaining some
"process oriented" aspects of voting on the ordinance. He noted that there were a couple of
options of how the Council could proceed & vote on the Resolution adopted by the Planning &
Zoning Commission. Community Development Director Ruth Borne presented the Ordinance
noting that Traer Creek LLC submitted the PUD Amendment for the Village at Avon on May 30,
2003. Councilor Sipes noted that he has a conflict of interest on the topic and stepped down
from the Council and out of the room at this time. She explained that the Planning & Zoning
Commission held several hearings. There were many opportunities whereby the information
was presented outlining the proposed changes to the development standards and densities for
the affected areas. The limited modifications are to the planning areas located north of the new
1-70 interstate exchange. She noted that the Planning & Zoning Commission unanimously
recommended approval of the Village at Avon PUD Amendment as set forth in Resolution 03-14
(attached in packet). She noted the major highlights of the application as follows:
■ Creating an additional 19.2 acres of Regional Commercial (Tract Q) immediately adjacent to
the new interstate exchange. This commercial area is divided by Post Blvd. into separate
parcels. The east parcel is approximately 7.8 acres and the west side consists of two
parcels: 7.8 acres and additional 3.6 acres. As a frame of reference: Christy Sports is 6.35
acres and original Wal-Mart 6.33 acres.
• Tract Q also includes 1.0 acres for the Fire District Regional Facility as required by the
Annexation and Development Agreement.
• Relocating the school site to Tract M and increasing the planning area for the school site by
almost 2.0 acres.
• Reducing the Community Park from 29.0 acres to 17.4 acres. The loss of usable acreage
for the community park is limited to 3.4 acres. The existing topography and steep slopes
were not considered in the original planning area designation for the Community Park.
Traer Creek LLC has agreed to replace the park area when RMF-1 and RMF-4 are
developed.
■ Increasing Planning Area RMF-1 from 146 residential dwelling units (24.2 acres - 6.0
du/acre) to 307 residential dwelling units (30.7 acres -10 du/acre).
■ Providing a mix of 310 dwelling units on Tract M, shich surrounds the new school site. Tract
M is specifically excluded in the Village at Avon PUD Guide from the total development
rights currently approved. Therefore, this amendment includes the addition of 310 dwelling
units (8.Odu/acre) to the previously approved 2,400 dwelling units for the Village at Avon.
Since the additional density is above what has been previously approved, staff has
recommended transit services be required for this development area combined with the
school to mitigate the impacts and isolation from the rest of the Town of Avon.
She noted that a more detailed analysis of the amendment was included in the staff report dated
August 5, 2003. She then reviewed the ten conditions that were set forth in Ordinance No. 03-
10.
At this time Shane Bohart was recognized as the representative for Traer Creek LLC, the
developer. Also introduced were Tim Lhosa, with Zehren & Associates and Magnus Lindholm,
owner of the property. Bohart spent some timing addressing the overall project and some of its
historical development. He addressed a number of items including the school site, proposed
density changes, proposed changes with the park, and issues with Tract M and Tract Q.
Access to the school site and how the developer was working with the School District & the U.S.
Forest Service to obtain access was discussed in detail. Bohart submitted a memo to the
Council that outlined some of his current discussions with Karen Strakbein, Finance Director of
the School District. Discussion also took place around RMF-1 and what that parcel would look
like as it is developed. Descriptions of the products were similar to the residential units being
built at Miller Ranch & Eagle Ranch. There were questions and concerns about the idea of
including accessory apartments at that location. Both Tract M & Tract Q were discussed. There
were some concerns about what level of density was approved for Tract M. Bohart described
the proposed park location & the commitment of the developer to create an excellent "quality"
park. He noted that the existing location of the park has some serious grade issues. Tract Q
issues included the idea of developing some commercial establishments to compliment the
residential developments, possibly developing a gas station or convenience store and a hotel.
After a lengthy description of the project, some concerns and questions from Council included
the following:
• The current confirmed tenants at the old Wal-Mart location.
■ The completion date of the new 1-70 interchange.
■ Concerns about whether or not the 2-lane Swift Gulch Road can handle the
development of the project. Some discussion occurred on the fact that the details of the
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August 12, 2003
project are not required at this point in the process but comes through during the
subdivision approval process.
■ The lack of specifics on the project.
An opinion from the Town's legal advisor regarding the density on the project.
Confirmed water rights.
■ It's inability to support the Town's comprehensive plan.
■ The lack of planning for the Village core commercial area.
■ The plan to include more commercial near the residential areas at the north end.
Others who made comments about the project were Chris Evans, resident & P&Z Chairman and
Michael Cacioppo, publisher of Speakout. Chris Evans spoke about why the P&Z- Commission
approved the PUD amendment and about the very important need to update the Town's
comprehensive plan, which currently does not address any development of the Village at Avon.
He reminded the Council as to what prior Council's had approved and how that impacts any
future decisions the current Council has about the project. Mike Cacioppo spoke in opposition
to the PUD amendment for various reasons he identified.
The majority of the Council was not in favor of acting on the amendment at this time. Town
Attorney John Dunn cautioned the Council not to prejudge the matter before the public hearing;
he noted that questions were appropriate. Councilor P. Buckley moved to set this matter of a
request for a PUD Amendment to the Village at Avon for a public hearing at the next Council
meeting on August 26, 2003 and at that time to consider on first reading Ordinance No. 03-10.
Councilor D. Buckley seconded the motion. A roll call vote was taken and the motion passed
unanimously by those members present. (Councilor Sipes was not present due to conflict of
interest & Mayor Reynolds was absent). A public hearing and first reading on Ordinance No.
03-10 was therefore scheduled on Tuesday, August 26, 2003 at Avon Municipal Building, 400
Benchmark Road, Avon Colorado.
Resolutions
Finance Director Scott Wright presented Resolution No. 03-35, Series of 2003, a Resolution to
amend the Town of Avon 2003 Budget. He noted that this was a budget amendment to the
Fleet Maintenance Fund pursuant to the approval of the contract with ERWSD for maintenance
of their vehicles. Councilor Sipes joined the Council at this time. He explained the that the
amendment reflected the change in revenues to the Fleet Maintenance Fund due to the outside
agreement as well as an accounting change where by the Town departments will begin being
charged on an actual work order basis as opposed to a standard cost basis. He noted that the
change would result in more accurate cost accounting for the Town and any 3`d parties.
Councilor D. Buckley moved to approve Resolution No. 03-35, a Resolution to amend the Town
of Avon 2003 Budget. Councilor Wolfe seconded and the motion passed unanimously by those
members present (Mayor Reynolds absent).
New Business
Transit Director Bob Reed presented the proposed service agreement between the Town and
Eagle River Water & Sanitation District to provide routine maintenance and repairs to their
vehicles and equipment. He noted that one change was made which provided for maintenance
every 4,000 miles instead of 3,000 miles. Councilor D. Buckley moved to approve the service
agreement with ERWSD. Councilor Wolfe seconded the motion and it passed unanimously by
those members present (Mayor Reynolds absent).
Other Business
Some discussion was had regarding the Town Council's role with the decision on the Village at
Avon PUD Amendment. Town Attorney John Dunn noted that the Council was serving as a
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August 12, 2003
"quasi-judicial board" for the applicant requesting a zoning change to their existing project. He
advised that no "outside" discussion should occur between Council members and the public.
He noted that the Council members are in a position to invite the public to attend the public
hearing and at that time will hear all comments in support or opposition to the PUD amendment.
Consent Agenda
Mayor Pro Tern McDevitt asked for a motion on the Consent Agenda items. Councilor D.
Buckley moved to approve the consent agenda. Councilor Wolfe seconded the motion and it
passed unanimously.
a. Approval of the July 22, 2003 Regular Council Meeting Minutes
b. Resolution No. 03-33, Series of 2003, A Resolution approving the First Supplement to the
Condominium Map, Barrancas-1, Phase 1, a Resubdivision of Lot 40, Block 1, Benchmark at
Beaver Creek, Town of Avon, Eagle County, Colorado (Norm Wood)
c. Buck Creek Drainage Improvements - C0#1 (Norm Wood)
There being no further business to come before the Council, the meeting adjourned at 7:30 PM.
REz"i F LRS
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
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August 12, 2003