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TC Minutes 05-24-2005MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD MAY 24, 2005 A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council members present were Debbie Buckley, Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes and Tamra Underwood. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Asst. Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Finance Director Scott Wright, Police Chief Jeff Layman, Town Engineer Nomi Wood, and Community Development Director Tambi Katieb as well as members of the press and public. Approval of Agenda It was noted that Council would discuss some remaining CIP Project business that was not completed at the work session during Unfinished Business. Town Attorney John Dunn requested that an executive session be held at the end of the regular meeting related to the A.T.S. Join Venture negotiation. Disclosure of Potential of Conflict of Interest The Council would not hear any matters that were considered quasi judicial in nature and therefore no disclosures were made. Citizen Input Drew Dodd, President of American National Bank, presented a sponsorship check to Council for the Salute to the U.S.A. July 3`d event. Rolena Richardson introduced herself as the recipient of the Town of Avon Scholarship Award and thanked the council for this award. Resolutions Senior Planner Eric Heidemann presented Resolution No. 05-23, Series of 2005, A Resolution approving revised Town of Avon Residential, Commercial, and Industrial Design Review Guidelines - Procedures, Rules and Regulations as adopted November 6, 2001 and amended August 2004. He noted that this information has been heard at two public hearings and approved unanimously by the Planning & Zoning Commission. He highlighted the revisions made to the document as follows: ✓ Clarifying main components of commercial site design ✓ Adding a maximum Light Reflective Value ("LRV") of 60% for building color ✓ Adding language to the current "Building Massing" section ✓ Adding design standards for building located adjacent to or near pedestrian frontages ✓ Requiring a solar study for buildings in excess of three stories located in the town core ✓ Revising the residential fence guidelines to established review criteria for staff approvals Numerous comments and revisions were suggested to the guidelines. Discussion ensued on topics including building massing, "LRV", roof overhangs, parking and fences. Councilor Sipes moved to approve Resolution No. 05-23, Series of 2005, A Resolution approving revised Town of Avon Residential, Commercial, and Industrial Design Review Guidelines - Procedures, Rules and Regulations as adopted November 6, 2001 and amended August 2004 with the modifications discussed and identified below: Page Location in Document Page 1 Throughout Document Page 2 Page 2 Section in Document #5 - First sentence Heading Letter A - Requirements Letter A - #6 Page 1 #5 - last sentence of first paragraph Page 4 Section Parking & Loading Page 4 #10 at top of page Page 4 Minimum Requirement #4 Page 4 Diagrams Page 7 Water & Sewer, Trash Storage Page 8 Letter B - Section on "Building Massing" Page 9 Section on Building Height Page 9 Building Massing Minimum Requirements #5 Page 10 Building Materials and Colors Minimum Requirements #2 Page 10 Roofs Minimum Requirements #3 Page 11 Roofs Minimum Requirements #5 Page 11 Roofs Minimum Requirements #8 Page 14 Doors and Entryways Exhibit A in the Fencing and Screening packet(Last page) Revision Change "should" to "shall" Change "Requirements" to "Minimum Requirements" Change solar "use" to solar "access" Add to the end of the sentence - "and treated with special design emphasis. Change sentence to read "These designs are no longer acceptable". Strike last sentence in that paragraph - "The more vehicular oriented for surface parking. Change "should" to "shall" in that sentence Strike last sentence -"Snow storage are recommended." Strike top image that is labeled "earth berms" Make reference to recently passed wildlife ordinance in #3. First sentence - change word "vertical" to "large"; last part of sentence add - "segmented forms and additive massing (i.e. the building should appear to be an assemblage of smaller components added together). In line 6, strike "may have the potential to" In second sentence, strike - "with the use of such materials as stone and architectural concrete". Strike "asbestos cement shingles or siding" Revise second sentence to read - "Tiles and metal roofs should be used in a dull finish colors that are muted and fit within the context of the building design". Fourth sentence, add to the end to read -"shall be 36 inches for the primary roofs. Secondary dormers and minor roof elements may have overhangs appropriate to their scale & size. Strike last part of sentence - "to avoid uninterrupted flat roofs". Sentence should read "Roofs shall be varied and articulated". Correct to read "buildings and" not "building sand" First Sentence add to end "application, although they are discouraged in Wildridge and Wildwood. Councilor Ferraro seconded the motion and it passed unanimously. Staff was asked to provide the final version to Council. Norm Wood, Town Engineer, presented Resolution No. 05-24, Series .of 2005, Resolution approving the Amended Final Plat, a Replat of Lot 4 and Lot 5, Mountain Vista Resorts Subdivision, Town, of Avon, Eagle County, Colorado. He noted that Points of Colorado, Inc. submitted an application for amended final plat to make minor lot line revisions to insure that the office building is within the appropriate lot lines. Lot 4 is the office building property and Lot 5 is the parking and common space property. Staff recommended approval of these technical corrections. It was noted that the applicant has failed to file this plat on prior occasions, but appropriate refilling fees have been paid. Mayor Pro Tern Underwood moved to approve Regular Council Meeting Page 2 of 5 May 24, 2005 Resolution No. 05-24, Series of 2005, Resolution approving the Amended Final Plat, a Replat of Lot 4 and Lot 5, Mountain Vista Resorts Subdivision, Town of Avon, Eagle County, Colorado. Councilor Buckley seconded the motion and it passed unanimously with a roll call vote. Ordinances Tambi Katieb, Community Development Director presented on Second Reading Ordinance No. 05-04, An Ordinance Adopting the Updated Zoning Map. He presented the map and noted that it reflects all ordinance, resolutions, rezonings and annexations that have occurred since 2001 that changed the zoning of property in the Town. Technical corrections were also included in this amendment. Mayor Wolfe opened the public hearing, no comments were made and the hearing was closed. Councilor Sipes moved to approve on second reading Ordinance No. 05- 04, An Ordinance Adopting the Updated Zoning Map. Councilor Ferraro seconded the motion and it passed unanimously with a roll call vote. Town Attorney John Dunn presented on Second Reading On Ordinance No. 05-07, An Ordinance Amending Title 8, Avon Municipal Code, Relating to Regulations and Standards Regarding the Protection of Wildlife and Providing Penalties for the Violation Hereof. Dunn noted that at the last meeting Council requested amendments to Section 8.32.030 (B) and Section 8.32.050 (A) AMC 1) causing the requirements for trash containers curbside to be consistent with the requirements for trash containers that are not curbside and 2) providing for upgrading of trash containers in connection with violations prosecuted in municipal court. Mayor Wolfe opened the public hearing, no comments were made and the hearing was closed. Councilor Sipes commended Avon's Police Department for its public relations efforts in educating the public regarding this legislation. Councilor Phillips moved to approve Ordinance No. 05-07, An Ordinance Amending Title 8, Avon Municipal Code, Relating to Regulations and Standards Regarding the Protection of Wildlife and Providing Penalties for the Violation Hereof. Councilor McDevitt seconded the motion and it passed unanimously with a roll call vote. New Business Mayor Wolfe noted that three appointments are required to make for the Planning & Zoning Commission. Interviews were conducted at the work session and secret ballot votes were cast. Councilor McDevitt moved to appoint Christy D'Agostino, Christopher Green, and Jim Buckner as the new commission members. Councilor Sipes seconded the motion and it passed unanimously with a roll call vote. The outgoing members were recognized for their outstanding commitment, including Andrew Karow and Buz Didier. Unfinished Business Mayor Wolfe noted that there was "unfinished business to conduct regarding the Wells Fargo Bank design. Town Attorney John Dunn noted that Council must call up this item and the applicant must agree to consideration of this item at the meeting. Chad Smith, attorney for the applicant Wells Fargo Bank, agreed to the Council reviewing the matter at this meeting. Tambi Katieb, Community Development Director, presented the material related to the Council appeal of a Planning & Zoning Decision on the Final Design of a Commercial Remodel for Wells Fargo Drive-up Bank, Chapel Square. He provided a summary of the P&Z review of this application as follows: ✓ April 19, 2005, the Planning and Zoning Commission conditionally approved a Final Design Plan for a remodel to Building C in the Chapel Square PUD. The exterior modifications included the addition of a new drive through banking facility for Wells Fargo. ✓ February 15, 2005, The drive through bank use was approved at the P&Z Commission meeting through a Special Review Use permit (Resolution No. 05-02). Regular Council Meeting Page 3 of 5 May 24, 2005 ✓ April 26, 2005, the P&Z Commission's decision was appealed by the Town Council at their regular meeting ✓ May 10, 2005, the discussion took place at the regular council meeting that the applicant modify the plans to better conform to the existing architecture and meet the design review criteria, particularly, noting Criteria 6 & 7. (Councilor Sipes distributed suggested elevations for the applicant and project architect to consider utilizing a modified arch scheme on the drive through lanes. The applicant was remanded back to the P&Z Commission for reconsideration ✓ May 12, 2005, the applicant resubmitted revised elevations and a revised landscape plan in response to Council's direction. ✓ May 17, 2005, the application was approved by the P&Z Commission as meeting the design criteria. Design was discussed at length between the applicant, staff and the P&Z. (See Community Development staff memo dated May 18, 2005) for details of that discussion) According to Section 7 of the Town of Avon Residential, Commercial, and Industrial Design Guidelines, "decisions of the Planning and Zoning Commission may be appealed to the Council at the request of a majority of the Council at any time before the decision becomes final." He noted that the role of the Council at this time shall be to confirm, modify or reverse the decision of the Commission within thirty (30) days following the commencement of review, or no later than mid June 2005. Any decision by the Town Council which results in disapproval of the Planning and Zoning Commission shall specifically describe the reasons for disapproval. Katieb noted that the principle changes in the plans included 1) the addition of arches at each drive through lane, and 2) revised Landscaping around the transformer. Mayor Wolfe asked that since this application is a special use for this property, did the applicant's revisions meet the Council's standards as outlined at the last meeting as well as their interpretation of the design review guidelines. Councilor Sipes moved to call up the decision of the Planning & Zoning Commission which was to approve the Final Design Plan for the Commercial Remodel for the Wells Fargo Bank. Mayor Pro Tem Underwood seconded the motion and it passed with a four to two roll call vote (Buckley and McDevitt nay). Councilor Sipes noted that the applicant only made minor changes and did not comply with his request to address the mass & bulk issue of the appendages of the design - the appendages are out of scale compared to the building. He noted that he had discussed the massing of the building at the last meeting as being a problem. He spoke about the need to treat the design of the primary entry as an entry. He noted that the landscaping revisions did appear better than the prior design. Mayor Wolfe noted that because this application is an addition to the building, and that due to its status as a special use for that property, the design should be far better than the original design. Councilor Sipes also noted that the vertical supports of the canopy wall are not consistent with the supports of the other building and that the problems are a massing issue. Some discussion ensued about what the standards are for drive up banks. Chad Schmidt, attorney representing the applicant Wells Fargo, provided information about the nature of designing these types of banks. He noted that some difficulty was encountered with regard to the clearance of the drive through portion of the banks - minimum requirement is at 12 feet. He noted that this has likely caused some of the problems with the massing. Some suggestions were made to try and address the massing in order to minimize the appendages. And again a request was made to try to make additions to the existing building that are more attractive, especially the backside of the building (facing the Village). It was noted that the requirements of the bank may not have anything to do with the priorities or restrictions in the town's design guidelines; but that is the job of the designers to provide the balance. Councilor Sipes moved to overturn the approval of the final design plan for the commercial remodel of the Chapel Square Wells Fargo Drive-up bank (as made by the P&Z) because of the following reasons: Regular Council Meeting Page 4 of 5 May 24, 2005 ✓ Primarily design review criteria 6 - "The appearance of proposed improvements as viewed from adjacent and neighboring properties and public ways, with respect to architectural style, massing, height, orientation to street, quality of materials and colors. Application does not meet the specific criteria of the proportion of massing relative to the overall building, height relative to existing elements of the building, and basically the quality of materials and color of materials. ✓ Doesn't comply with land use provisions of the town - which addresses landscaping. The landscape plan should require more than a screen around the transformer. Councilor Ferraro seconded the motion and it passed with a five to one vote (Buckley nay). Mayor Wolfe noted that the decision of the Planning & Zoning Commission has been overturned and the application has been denied. Norm Wood, Town Engineer, presented the final capital projects for Council's review and discussion ensued on the following: ✓ Nottingham Road Improvements - ✓ Public Works Administration Building / Equipment Storage & Work Area ✓ Wildridge Pavillion - requested that this be removed ✓ Wildridge Emergency - Access - requested that this be moved up in priority ✓ 3-D Zoning & Retail Plan - design for construction in 2007 ✓ Tract J - determine whether or not this should remain in the long term plans ✓ Historic Preservation Fund ✓ 1-70 Sign Removal - move to higher priority Town'Attorney Report John Dunn, Town Attorney, presented an update on the negotiations taking place with A.T.S. Joint Ventures, noting that the parties have asked to meet with him on May 31St Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda below. Mayor Pro Tern Underwood moved to adopt the consent agenda; Councilor Ferraro seconded the motion and it passed unanimously. a. Minutes from May 10, 2005 Regular Council Meeting Mayor Pro Tern Underwood moved to convene into Executive Session to meet with John Dunn, Town Attorney, to enter into a discussion pursuant to CRS 24-6-402(4)(e), determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators, i.e. reviewing negotiation options with A.T.S. Joint Venture. . Councilor Sipes seconded the motion and it passed unanimously.. Councilor Ferraro left the meeting at this time due to a conflict of interest. There being no further business to come before the Council, the meeting adjourned at 8:50 PM. APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting May 24, 2005 Page 5 of 5