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TC Minutes 08-10-2004MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD AUGUST 10, 2004 A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Buz Reynolds ' called the meeting to order at 5:30 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, Ron Wolfe and Mayor Pro Tern Mac McDevitt present. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Community Development Director Tambi Katieb, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, and Public Works / Transit Director Bob Reed as well as members of the press and public. John Forstman, local resident and former developer of Village at Avon, presented materials on his newly proposed business Belle Fare of Vail Valley, a restaurant, grocery, and catering establishment located next to Office Depot with a proposed opening date this winter. A separate liquor store is proposed for a location next to the restaurant / cafe. Tambi Katieb introduced development company JMJ representative Tim Barton who has taken over the unfinished project at the base of Beaver Creek, now named "The Gates at Beaver Creek". Barton explained the project in detail, noting that Colorado First Construction would be the general contractor on the project. Some comments were made regarding the "deed restricted unit" requirements. Avon resident Scott Garlock, representing a number of Wildridge homeowners, addressed the Council with regard to his question about construction of "pocket parks" in upper Wildridge. Some discussion ensued about timing and funding for those parks. He noted that the group hopes to come forward with some funding for a park. Wildridge resident Scott Prince addressed the Council with regard to the lack of "dust mitigation" on several. construction sites in upper east Wildridge. Staff noted that a fine schedule was in place for "dust abatement" and the area noted would be placed under review. Ordinances Town Attorney John Dunn presented on second reading, Ordinance No. 04-11, Ordinance Amending Title 8, Avon Municipal Code, to Establish Regulations and Standards Regarding the Protection of Wildlife and Providing Penalties for the Violation Hereof. He explained that the legislation is a result of Avon's problems with bears. He noted that changes were made as a result of their discussion at the last meeting pertaining to Sections 8.32.030 - Residential Refuse Disposal & 8.32.050 - Construction Site Refuse Disposal". Some further discussion ensued about enforcement of the legislation as raised by Councilor P. Buckley, specifically if a duplex/four-plex were in violation of the Code, which party would get the ticket. A suggestion was made to review the effectiveness of the Ordinance after one year. Mayor Reynolds opened the public hearing, and comments were made from Scott Prince and Mike Durkey. The hearing was then closed. Councilor Brown moved to approve Ordinance No. 04-11, Ordinance Amending Title 8, Avon Municipal Code, to Establish Regulations and Standards Regarding the Protection of Wildlife and Providing Penalties for the Violation Hereof. Councilor Sipes seconded the motion and it passed with a five to one roll call vote (P. Buckley - nay). Community Development Director Tambi Katieb presented on second reading Ordinance No. 04-12, Series of .2004, An Ordinance Amending Title 16 and 17 of the Avon Municipal Code of the Town of Avon as it relates to review of Planned Unit Development Zone Districts, Definition of Building Height, and Parking. He noted that changes were made since first reading to better communicate finding to applicants prior to holding the initial public hearing without necessarily adding more review time to the process. He also noted that the ordinance was a result- of several meeting with Town Council and the building community where dialogue was held on how the process for design review, zoning and subdivision code matters could be improved. Councilor P. Buckley asked that the minutes reflect that Mike & Dave Dantas were instrumental in beginning this conversation with the Town. Mayor Reynolds opened the public hearing, no comments were made, and the hearing was closed. Councilor D. Buckley moved to approve Ordinance No. 04-12, Series of 2004, An Ordinance Amending Title 16 and 17 of the Avon Municipal Code of the Town of Avon as it relates to review of Planned Unit Development Zone Districts,' Definition of Building Height, and Parking. Councilor Brown seconded the motion and it passed unanimously with a roll call vote: Town Engineer Norm Wood presented on second reading Ordinance No. 04-13, Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions. He noted that this Ordinance was proposed to address future construction projects that may have less impact if certain activities are performed outside the limited construction hours stipulated in Section 8.24.085 of the Code, i.e. such as work done in areas such as Avon Road. He explained that this legislation would provide some needed flexibility for certain construction activities while maintaining protection intended 'in the current code. It was clarified that the Town Manager or his designee would be the decision maker with regard to this condition. Councilor Wolfe asked that the Council and public be informed of any decisions made with regard to this matter. Mayor Reynolds opened the public hearing, no comments were made, and the hearing was closed. Councilor Sipes moved to approve Ordinance No. 04-13, Ordinance Amending Section 8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour Limitations Under Certain Conditions. Councilor Wolfe seconded the motion and it passed unanimously with a roll call vote. New Business Mayor Reynolds introduced the next agenda item as the appeal of a Planning & Zoning Commission Decision on July 20, 2004 to deny Sketch Plan Design Application for Lot 30, Block 2, Wildridge Subdivision, 2631 Bear Trap Road, Avon, CO. The agenda noted that is a Quasi Judicial matter before the Town Council. Mayor Reynolds proceeded to announce that he had ex parte communication with applicant Shane Bohart regarding the application. Town Attorney asked if that communication would result in any pre judgment or bias when making his decisions. Mayor Reynolds said no. Dunn noted that mere contact of ex parte communication does not give rise to recusing oneself from hearing the appeal; Dunn did not suggest that Reynolds recuse himself. Other Council asked Mayor Reynolds if he had a financial interest or if he told the applicant he would vote one way or another. Mayor Reynolds responded "no" to both questions. Town Attorney Dunn asked if any other Council had exparte contact regarding this topic -Council members indicated no this question. Community Development Director Katieb noted that the applicant has requested that this item be tabled. Victor Mark Donaldson was introduced representing the applicant, Shane Bohart. Donaldson explained why they were requesting that it be tabled, but admitted to being ready to move forward as he is interested in a solution based discussion with Council. Town Attorney John Dunn noted that the Council would consider this app lication for the first time and that the Council is not acting on the recommendation of the P&Z but rather hearing it to make their own decision. He also informed the Council that tabling the item would be in conflict with the "noticing of the general public". Regular Council Meeting Page 2 of 4 August 10, 2004 Council could uphold the decision, deny the decision or return the application back to P&Z for further consideration. Community Development Director Katieb began with an explanation of the project, which was an application for a duplex sketch design at the property located at 2631 Bear Trap Rd. It is zoned for a duplex, however, a single family home currently exists on the property. The primary basis of the P&Z Commissions' denial was due to conflicts with the "Duplex Development" review criteria as stated in Section B of the Town of Avon Residential, Commercial and Industrial Design Review Guidelines. He noted that their motion for denial by the Commission stated "the proposed duplex connection appeared to be two single-family homes bridged by an element and did not create an integrated and unified structure. The connection does not meet the definition of a "duplex development" as stated in the Town of Avon Design Review Guidelines. A couple of questions were asked at this time. Mark Donaldson then addressed the Council regarding the application noting that the definition of the terms "integrated & unified" were up for interpretation. He asked for a solutions-based discussion with Council. He talked about the uniqueness of the site. After further explanation about the project, he asked Council to reconsider the P&Z decision to deny the application. Council comments & questions were made. Some commented that the connection looked like a "breezeway" and asked about the dimensions of the connector area. Some discussion ensued regarding whether or not this should have been an application for another single family dwelling unit, if that would require another PUD and how many lots were remaining that were zoned duplex, four-plex, etc. Mayor Reynolds expressed an interest in conducting a site visit, to the property. Some discussion ensued about the definition of "duplex" and the possibility of clarifying this- definition. In summary, the majority of Council expressed their support of the decision made by Planning & Zoning in interpreting the Design Review Guidelines. The applicant once again asked for input on how to resolve the connector issue. Mayor Reynolds informed the applicant that the role of the Council was to evaluate the application based on the information presented and then formulate its decision. Councilor Wolfe moved to deny the appeal of the Planning & Zoning Commission decision 'relative to this project (made on July 20, 2004 to deny Sketch Plan Design Application for Lot 30, Block 2, Wildridge Subdivision, 2631 Bear Trap Road, Avon, CO) for the reasons that the design as submitted to staff & P&Z and stated in the report, that it does not meet the definition for duplex development structure. Councilor P. Buckley seconded the motion and it carried unanimously with a roll call vote. Town Manager Report Town Manager Larry Brooks commented on some adjustments that will be made on movie night with the audio due to some complaints about noise levels. He noted that he & the Mayor would be meeting with Tony O'Rourke later in the week. He provided an update on the 1-70 Coalition Group. Regular Council Meeting Page 3 of 4 August 10, 2004 Consent Agenda Mayor Reynolds asked for a motion on the Consent Agenda. Councilor Sipes moved to adopt the consent agenda. Councilor D. Buckley seconded the motion and it passed unanimously. a. Approval of the July 27, 2004 Regular Council Meeting Minutes There being no further business to come before the Council, the meeting adjourned at 7:30 PM. APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Ron Wolfe Regular Council Meeting Page 4 of 4 August 10, 2004