TC Minutes 02-28-2006MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD FEBRUARY 28, 2006
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, Town Engineer Norm Wood, and Senior Planner Eric Heidemann, as well as
members of the press and public.
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST
Town Attorney John Dunn asked if any members had any ex parte communication regarding
Ordinance No. 06-03; no one indicated any other conflicts other than the ones that have already
been identified at earlier meetings (Councilors Ferraro & Sipes). Mayor Wolfe noted that
Resolution No. 06-11 would be a public hearing and would be considered prior to other items on
the agenda.
CITIZEN INPUT
Glen Merrick, Chairman of the Eagle Valley Chapter of the Rocky Mountain Elk Foundation, and
briefly introduced the mission & purpose of the Foundation. He noted a future funding raiser
opportunity & noted that the Foundation may be before the Council at a later date requesting
funds.
RESOLUTIONS
Jeff Schneider, Engineer II, presented Resolution No. 06-11, Series of 2006, Resolution
approving the Preliminary and Final Plat of the Enclave at Wildwood, A Resubdivision of Lot 8,
Block 5, Wildridge, Town of Avon, Eagle County. Schneider noted that this final plat was for a
townhouse subdivision of a developed lot, creating six townhouse units & a common area /
1031 West Wildwood Road, Units A-F. Applicant Steve MacDonald addressed the council with
regard to questions about the driveway. Mayor Wolfe opened the public hearing, no comments
were made, the hearing was closed. Councilor Sipes moved to approve Resolution approving
the Preliminary and Final Plat of the Enclave at Wildwood, A Resubdivision of Lot 8, Block 5,
Wildridge. Councilor Buckley seconded the motion and it passed unanimously.
ORDINANCES
Councilors Sipes & Ferraro left the meeting due to conflict of interest. Eric Heidemann, Senior
Planner presented Ordinance No. 06-03, Series of 2006, on First Reading, an Ordinance
approving the Amendment to the Confluence Planned Unit Development & Development
Agreement. He noted that this is a request for an amendment to the 19 acre Confluence PUD
to modify the existing development rights and zoning for the entire property. This application
proposes a Westin hotel, retail plaza, high-speed public gondola, condominiums, and fractional
residential units. The property is located between the Eagle River and the West Town Center,
accessible from Avon Road. Heidemann noted that some revisions were made to Ordinance
No. 06-03 as well as the development agreement (staff recommended changes were outlined &
distributed to Council at this time); these were reviewed at this time. Mayor Wolfe noted that
process that the project has been through, i.e. Planning & Zoning Commission review, Council
review, public hearings.
Chuck Madison, East West Partners, presented the project to the Town Council and audience,
noting that he would address a number of public improvements related to the project, some of
which follow:
■ Riverfront Park Plans
Permanent Public Easement Over Plaza & Restrooms
■ View Corridor
■ Install Great Landscaping
■ Upscale Hotel
■ Establish Unique Architecture
■ Complement Avon With Its Main Street Plans
■ Support Avon's Transportation Goals
Use Environmentally Sensitive Practices
A review was made of the capital contribution comparisons between the development generated
costs & the Town's contributions to the project, as well as the net tax benefits of the project as
projected by Stan Bernstein & Associates (documents were included at earlier meetings).
Mayor Wolfe noted the developer is asking that the town's contributions be to the ongoing
operation of the gondola & the public areas of the plaza, a total of $280K combined annually. It
was noted that the contribution would be funded primarily by revenues generated by the project,
i.e. property tax, amenities tax, sales tax.
Mayor Wolfe opened the public hearing and the following people commented:
■ Peter Buckley commented on the funding of the project.
■ Ruth Borne supported the project overall.
Titas Blackwood asked about funding the improvements.
® Mike Brown supported the project.
■ Drew Dodd supported the project.
■ Bouldec, asked about parking and supported the project.
® Brian Woodell, commercial real estate broker, supported the project.
No further public comments were made and the hearing was closed. Some Council comments
were made which addressed some of the following topics, parking, Gondola, hotel, park, the
importance of the public benefits of the project. And finally Mayor Wolfe who supported the
project made some comments, noting that it is a very good project, and although it may not be
perfect, the town should move forward with a decision.
Mayor Pro Tern Underwood moved to approve Ordinance No, 06-03, on first reading, an
Ordinance approving the Amendment to the Confluence Planned Unit Development, Town of
Avon, Eagle County, Colorado, with the conditions as noted earlier (list of Staff recommended
changes would be included as part of the record of the minutes). Councilor Buckley seconded
the motion and it passed unanimously by those members present (Councilors Ferraro & Sipes
recused from discussion & voting on this topic due to conflict of interest). It was noted that
second reading and public hearing would be held on March 14, 2006 and final documents would
be had at that time.
Eric Heidemann, Senior Planner, presented Ordinance No. 06-04, Series of 2006, on First
Reading, An Ordinance Amending Title 17, Municipal Code Of The Town Of Avon, Adding
Definitions For Allowed Uses In The Industrial And Commercial Zone, Adding Self Storage As
An Allowed Use In The Industrial And Commercial Zone District, And Amending The Parking
Standards For Uses Allowed In The Industrial And Commercial Zone. He noted that these
proposed amendments to the Zoning Code relate to parking standards for allowed uses in the
Industrial & Commercial Zone by defining uses as well as reconciling allowed uses with
associated parking standards. He noted that the primary intent of the proposed ordinance is to
Regular Council Meeting Page 2 of 4
February 28, 2006
clarify the parking ratios since the current code does not enumerate the numbers clearly. He
noted that written notification regarding these proposed changes were sent to surrounding I/C
Zone property owners. Details were provided regarding the current I/C Zone allowed uses, the
related parking ratios, staffs interpretations of the code as erroneous, and how the proposed
ratios were calculated. Council asked numerous questions related to the topic & discussion
ensued on how to calculate the ratio for parking and the national standards observed in doing
so. Arn Menconi, Mark Donaldson, Chris Jergens & Phil Struve commented on the topic.
Councilor McDevitt moved to approve Ordinance No. 06-04, on first reading, An Ordinance
Amending Title 17, Municipal Code Of The Town Of Avon, Adding Definitions For Allowed Uses
In The Industrial And Commercial Zone, Adding Self Storage As An Allowed Use In The
Industrial And Commercial Zone District, And Amending The Parking Standards For Uses
Allowed In The Industrial And Commercial Zone. Councilor Ferraro seconded the motion and it
passed with a five to one vote (Sipes nay). Second reading and public hearing would be held at
the next meeting.
RESOLUTIONS
Rebecca Leonard, Design Workshop, reviewed her memo included in the council packet related
to Resolution No. 06-10, Series of 2006, Resolution approving the Update to the Town of Avon
Comprehensive Plan. She commented on some revisions made to the final document in a
number of sections, the introduction, the future land use map, other guiding graphics, goals &
policies, and district plans. She noted that this was Council's final action which is required to
adopt the plan and that it was already approved by the Planning & Zoning Commission.
Discussion ensued on the idea of including "neighborhood center as opposed to commercial".
Other comments included some changes to the vision statement. At this time, Mayor Wolfe
opened the Public Hearing. Resident Chris Green supported the comp plan. The public
hearing was closed. Councilor Sipes moved to approve Resolution No. 06-10approving the
Update to the Town of Avon Comprehensive Plan. Councilor Phillips seconded the motion and
it passed unanimously.
NEW BUSINESS
Bob Reed, Transit Director / Public Works Director, presented the Service Agreement with Town
of Minturn and the Service Agreement with Beaver Creek Metro District, both annual service
agreements for fleet maintenance with the Town. Councilor Sipes moved to approve the
service agreement with the Town of Minturn; Councilor Buckley seconded and the motion
passed unanimously. Councilor Buckley moved to approve the service agreement with BCMD;
Councilor Ferraro seconded the motion and it passed unanimously.
Consent Agenda
Mayor Wolfe asked for a motion on the Consent Agenda below. Mayor Pro Tern Underwood
moved to adopt the consent agenda; Councilor McDevitt seconded the motion and it passed
unanimously.
a. Minutes from February 14, 2006 for Regular Council Meeting & Liquor Board Meeting
b. Easements for Eagle River Recreational Enhancements Project (Norm Wood, Town Engineer)
Declaration of, Easements for RICD PE-06 & RICK PE-07, as part of the application to the
Colorado Water Conservation Board for the in channel diversion
There being no further business to come before the Council, the regular meeting adjourned at
8:30 PM.
Regular Council Meeting Page 3 of 4
February 28, 2006
APPROVED:
Debbie Buckley
Kristi Ferraro
Mac McDevitt
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe
R CTFULLY SUBMITTED:
MCI
L-T
Patt enny, T Clerk
Attachment:
The Confluence Project: Staff recommended changes to Ordinance No. 06-03 related to
the motion for Ordinance No. 06-03.
Regular Council Meeting
February 28, 2006
Page 4 of 4
r
Staff recommended changes to Ordinance 06-03
WHEREAS (#6), after notices provided bX law, this Council held a-public hearings on
February 14th February 28th, and March 14- 2006, at which time the public was given an
opportunity, to express their opinions regarding the proposed PUD Development Plan
Amendment; and
WHEREAS 08), this PUD Amendment provides evidence of compliance with the
public purpose provisions outlined in Section 17.28.085 of the, Municipal Code. The
public benefits include- positive fiscal impacts identified in the economic models
provided by staff and the applicant; dedication of approximately 5-acres of the Eaale
River and associated high value natural resources; public plaza and lift conveyance;
improved access and recreational opportunities, and an equitable capital contribution
partnership.
1. Required revisions to the Development Plan:
A. Delete General Notes 7a, 7b, and 7c, and revise as follows: "A fifty-five
(55) foot view corridor through the public plaza adjacent to the proposed
hotel as presented on the development plan and the final plat for the
Riverfront Subdivision shall remain unobstructed- from the ground level
upwards, with the exception of the gondola terminal. Minor
encroachments such as public restrooms, awnings, landscaping,
overhangs, decks and railings shall be reviewed and may be approved
through the design review approval process".
B. Delete General Note #1 and revise as follows: Professional offices,
including real estate offices, shall be limited to the two locations eft
fronting the public plaza as depicted to the Planning and Zoning
Commission January 17, 2006. A temporary timeshare sales office will be
permitted in the hotel and must be vacated within thirty (30) days of
issuance of Temporary Certificate of Occupancy for Building E (Lot 3).
No ether- plaza iadditional plaza frontage spaces are is permitted for
use by professional and general office, including financial institutions and
real estate offices orresidential units. -
arking-Condifl ,
A. Delete General Note #8 and revise as follows: "A parking management
plan, generally consistent with recommendations outlined in the Walker
Preliminary Parking Operations Plan dated December 5, 2005 shall be
submitted and, after review and approval by the Zoning Administrator, be
included as, a subdivision plat note. The approved plan shall not be
changed without notification of the Town, and shall be enforceable by the
Zoning Administrator".
3. General Condition
February 28 h, 2006 Town Council Meeting
A. Water Rights: The property owner shall convey to the Town the water
rights necessary to serve the approved development. Final water right
determination shall be resolved between the property owner and the Town
prior to recording 4 ^ Fin t P16 t. the issuance of building permit.
E. Tract "A" shall be deeded to the Town and zoned "Open Space,
Landscaping and Drainage" in accordance with section 17.20.120 of the
Municipal Code
but no, later than three (3) years after-the date of recording
of final plat.
The n & a bl u
a d f e the existing W%- ° nt -
i
February 28`h, 2006 Town Council Meeting